PB: AIPP Unnecessary Slush Fund

by SDM

During one of the meetings on the Art in Public Places boondoggles, SDM recalls a statement to the effect AIPP programs are required by the county. If true, how can our village resist our big brother county, which is demanding that little old Palmetto Bay go out and tax our local businesses and residences for art?

Well, like most things that emanate from the East Hibiscus Street dais, the truth is very different.

Following is the provision in the county code requiring an AIPP program:

Appropriation for construction to include amount for works of art. Miami-Dade County and each municipality in Miami-Dade County shall provide for the acquisition of works of art equivalent in value to not less than one and one-half (1½) percent of the construction cost of new governmental buildings, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund. Sec. 2-11.15., Miami-Dade County Code of Ordinances. Emphasis added by SDM.

Do you see the second highlighted section? The county imposes the tax on governments, not on private citizens. Now, look at Palmetto Bay’s art tax provision:

Applicability

(a) Government development projects. All government development projects shall provide for the acquisition of works of art equivalent in value to not less than one and one-half percent of the construction cost of the project, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund.

(b) Nongovernmental and private sector development projects. All nongovernmental and private sector development projects (including interior or exterior modifications, additions, or new construction) including: parking structures, residential developments of more than two units, mixed use projects, and/or commercial sites shall provide for the acquisition of works of art in value to not less than one and one-quarter percent of the construction costs, for artwork provided on site, or one percent of the construction costs for either art work provided off site or a contribution to the art fund or some combination thereof, subject to the project valuation schedule below:

(1) Project developments with construction costs exceeding $250,000.00 shall be subject to the provisions of this division.
(2) A single residential unit (including interior or exterior modifications, additions or new construction) with construction costs exceeding $750,000.00 shall be subject to the provisions of this Code.

(c) Exemptions. Nongovernmental and private sector development projects may be exempt from this division by the village council, provided:

(1) The structure is intended primarily to house one or more social service agency providers, affordable housing projects, or religious facilities; or,
(2) The project consists of the reconstruction of structures which have been damaged by fire, flood, wind, or other calamity;
(3) Governmental development projects or portions thereof that do not include buildings.

Sec. 30-160.7, Palmetto Bay Code of Ordinances.

The ugly little truth about Palmetto Bay’s AIPP slush fund is that it was imposed on private citizens by the village council on its own initiative and without any coercion from the county.

Next time a member of the village council tells you that the have no choice but to force private citizens to either buy art or pay a tax to the village, tell her your calling B.S. You see, you read SDM and you know the truth.

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