§ 8.5.2. Public Art Advisory Board.

(A)

The Public Art Advisory Board is hereby established as an advisory body to the City Commission pursuant to the provisions set forth herein and shall render an advisory opinion to City Commission regarding, but not limited to, the following:

(1)

The suitability of the construction project as a location for works of art;

(2)

The nature of the works of art which are most appropriate for the construction project; and

(3)

The best method for securing the recommended works of art.

(B)

The Public Art Advisory Board is hereby created for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction, placement and/or funding of public art in/on City right-of-way, City owned property and private property where an agreement, acceptable to the City, has been executed regarding the art and the art is clearly visible by the public. The Advisory Board, when making its recommendation, shall consider the following guidelines: [Amd. Ord. 13-07 3/20/07]

(1)

Whether the proposed public art conforms to the definition of public art;

(2)

Whether the proposed public art is compatible with the neighborhood and not injurious to the neighborhood or otherwise detrimental to the public welfare;

(3)

Whether the proposed public art presents a safety hazard to the public;

(4)

Whether the proposed public art is of exceptional quality and enduring value;

(5)

Whether the proposed public art serves to further the City's goal of promoting cultural diversity;

(6)

Whether the proposed public art is appropriate to the site;

(7)

Whether the proposed public art should be installed at the proposed location on a site or at a different location;

(8)

Whether the proposed public art requires extraordinary maintenance, such as any special servicing due to periodic adjustment, repairing, or repair or replacement of moving parts.

(C)

The Public Art Advisory Board shall consist of seven members. Three seats on the board must be filled with either an artist, architect, landscape architect or engineer. The appointing body shall endeavor to appoint as many disciplines as possible to the board. Lay persons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the board. The City Commission shall appoint all members of the Public Art Advisory Board.

(D)

The members of the Public Art Advisory Board shall serve for terms of two years, except that the members of the first board to serve shall be appointed so that three members shall serve one-year terms and four members shall serve two-year terms. It is further provided that no member may serve more than two successive terms on the Public Art Advisory Board.

(E)

The Public Art Advisory Board shall make recommendations to the City Commission regarding constructing, placing or installing public art into CIP projects as well as making recommendations to the City Commission for the funding or placing of public art on private property, where such art is clearly visible by the public and the City has obtained an agreement for the funding or placement of such art with the property owner. [Amd. Ord. 13-07 3/20/07]

(F)

The Public Art Advisory Board shall be organized and shall operate as follows:

(1)

The Public Art Advisory Board shall elect a Chairperson and Vice-Chairperson to preside at its meetings and any other officers the board may deem necessary.

(2)

The Public Art Advisory Board shall hold meetings on a regular basis at least once monthly, if necessary, which meetings shall be open to the public. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Commission and the City Manager.

(3)

The Public Art Advisory Board shall have technical and logistical support provided as designated by the City Manager.

(4)

The Public Art Advisory Board shall review and make recommendations on all CIP projects, above $200,000.00, (it may review, in its discretion, CIP projects under $200,000.00), to the City Commission.

(5)

The Public Art Advisory Board shall be subject to the provisions of Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances and Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", of the Land Development Regulations of the of the Code of Ordinances of the City of Delray Beach, except as provided is Section 8.5.