The Fort Myers Public Art Committee requested council permission to allow public art fund dollars to be used to retain a professional public art consultant to develop a new master public art plan and reengage the city‑run program.

The request matters because the committee says the city’s existing master plan dates to 2004, the committee has limited staffing and payee restrictions in the ordinance that may preclude consultant contracts, and the fund currently holds a finite amount of money that committee members want to use to restore program capacity.

Jane Lane, chair of the Public Art Committee, told the council the committee voted unanimously to retain consultant Mary Davis Wallace — former public art manager for Sarasota — to lead a roughly 12‑month process of community engagement, drafting a unified master plan and recommending internal city processes needed to implement public art. Lane said the committee had restricted the consultant contract to a cap of $50,000 and intends to use committee funds for the engagement.

City staff summarized the public art ordinance (adopted April 17, 2017) provisions that establish a 1% “percent for art” requirement for city vertical capital projects with a construction value of $250,000 or more (capped at $250,000), and noted that payments from private developments have generally been “encouraged” by the ordinance rather than mandated. Council members discussed whether ordinance language could be changed to require contributions from certain development incentives such as CRA awards or TIF assistance and raised legal caution about mandating private contributions under state law and precedent (transcript discussion referenced “Nollan/Dolan” cases and state statutory limits).

Key financial and procedural details discussed at the workshop included: the public art fund balance reported at about $183,000; the committee’s proposed consultant contract capped at $50,000; procurement and procurement exceptions for artistic services; and the need for a staff liaison to perform contract administration, budgeting and reporting. Several councilmembers urged the committee to present a scope of work, deliverables, timeline and consultant qualifications when the item returns as a formal agenda item for council approval.

Councilmembers expressed support for reengaging the program and asked staff to place a formal contract approval request on a future council agenda; no ordinance change was approved at the workshop. Lane said the consultant would work within the bounds of current ordinances and that the public art committee would also pursue an audit of past payments to the fund.

The council asked that the November agenda item include the consultant scope, qualifications, timeline and a staff recommendation about funding sources and procurement.