Artwork Agreements

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					                   City Council Chamber
                   735 Eighth Street South
                   Naples, Florida 34102

    Public Art Advisory Committee Regular Meeting – September 28, 2007 – 11:30 a.m.
CALL TO ORDER (11:32 a.m.)........................................................................................ ITEM 1
Chairman Kenny called the meeting to order and presided.
ROLL CALL ...................................................................................................................... ITEM 2
Present:                                                  Also Present:
Sharon Kenny, Chairman                                    Janet McCracken, Community Services Analyst
Marcia Albert                                             Rachael McLean, Technical Writing Specialist
Jack O’Brien                                              Other interested citizens and visitors.
Merlin Lickhalter

Absent:
Penny Taylor, City Council Member
Eugene Burke
Norman Rocklin
APPROVAL OF MINUTES ............................................................................................. ITEM 3
            MOTION by Albert to APPROVE the August 24, 2007, meeting minutes as
            submitted; seconded by O’Brien and unanimously carried (Albert-yes, Burke-
            absent, Lickhalter-yes, O'Brien-yes, Rocklin-absent, Taylor-absent, Kenny-yes).
.............................................................................................................................................. ITEM 4
DISCUSSION - LE PARC CONDOMINIUM’S PREVIOUS ART DONATION
APPLICATION
Community Services Analyst Janet McCracken noted that the Committee had previously
reviewed three donation applications from Le Parc Condominium for artwork by Evan Jon
Obrentz. At that time, the Committee had been unable to determine whether the artist satisfied
two of the four selection criteria, she said. Citing her September 21 memo (a copy of which is
contained in the file for this meeting in the City Clerk’s Office), Ms. McCracken stated that she
had been unable to obtain any additional information in this regard from the Broward Art Guild
and Nova Southeastern University. She nevertheless confirmed that Mr. Obrentz had satisfied
one of the artist selection criteria; namely, that his work is in a private collection. Member
Lickhalter expressed ambivalence regarding the acquisition, noting that although he found the
artwork appealing, the Committee should adhere to its acquisition criteria; Member O’Brien
concurred, noting that the lack of a verifiable record was unfortunate. In response to Member
Albert, Analyst McCracken explained that she had contacted Mr. Obrentz, but that he had been
unable to provide further information. Member Lickhalter offered to contact a friend who serves
                 Public Art Advisory Committee Regular Meeting – September 28, 2007 – 11:30 a.m.
on the Le Parc condominium association board to request assistance in this regard; the
Committee expressed support for such a course of action.
.............................................................................................................................................. ITEM 5
UPDATE – PREVIOUS DONATION APPLICATION OF GULF GULLS SCULPTURE
Citing her September 21 memo (Attachment 1), Community Services Analyst Janet McCracken
reviewed the history of the Gulf Gulls sculpture donation by the Fifth Avenue South Association
(Downtown Naples Association/DNA) as approved by PAAC in 2006. The recently appointed
director, Jim Goehler, has confirmed that a $2,000 stipend will be provided to defray the cost of
maintenance once City Council approves the acquisition. In response to Chairman Kenny,
Analyst McCracken indicated that the sculpture is still located in the Fifth Avenue South area,
although staff has considered installing it on a pedestal base in order to reduce its exposure to
landscape irrigation.
.............................................................................................................................................. ITEM 6
DISCUSSION-IMAGES OF OUR ENVIRONMENT PROGRAM ON FIFTH AVENUE
SOUTH
Community Services Analyst Janet McCracken informed the Committee that Downtown Naples
Association (DNA) Executive Director Jim Goehler had offered the City control and
management of the Fifth Avenue South area’s Images of Our Environment art program. She
pointed out that the City, which has provided technical coordination of the artwork placement,
currently owns and maintains the bases that display the loaned pieces. City Council is already
involved in the program, she said, because it approves the artwork loan agreements. She
explained that through the Community Foundation the program has amassed approximately
$10,000 in funds, which would be transferred to the City should it opt to move forward with this
proposal. Analyst McCracken characterized the proposal as an opportunity for the City to
reinvigorate the Images of Our Environment program. Ms. McCracken then reviewed the loaned
artwork currently on display through the program (Attachment 2), noting that the piece titled
“First Born” had been removed by the owner. She also explained that the piece titled “Wood
Storks” is on loan for a 15-year period, while the others are on loan indefinitely. She also
provided a brief history of the program, pointing out that originally the DNA (formerly Fifth
Avenue South Association) had intended to rotate the artwork. In response to various
Committee Members, Ms. McCracken clarified that the plaques installed on the bases can be
repositioned to accommodate artwork relocations. She also indicated that the individual loan
agreements are identical with the exception of the time period.

Member Albert expressed support for the proposal, suggesting that the program could benefit
from the introduction of new artwork, in addition to rotation of the current pieces. Member
Lickhalter stated that he was in favor of taking control of the program. Chairman Kenny
expressed support for rotation of the artwork and proposed relocation of the “Gulf Gulls”
sculpture to the base left vacant by “First Born.” Analyst McCracken proposed that she contact
artist Kathy Spalding, who already has one piece on loan, to offer her use of the vacant base.
Chairman Kenny recommended that she also contact the local Galerie du Soleil, which might be
interested in participating through loan of a sculpture.

Member O’Brien observed that the mission of Images of Our Environment is to display artwork
which represents rare, endangered or unique species of local wildlife and inquired if the DNA
intends for the City to maintain that focus. Analyst McCracken said that she believed the DNA
would likely favor such a commitment. In response to Chairman Kenny, Ms. McCracken
confirmed that the program’s funds could be used to purchase the artwork currently on loan.

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               Public Art Advisory Committee Regular Meeting – September 28, 2007 – 11:30 a.m.
Member O’Brien provided additional information regarding the intent of former Fifth Avenue
South Association Director Deb Newman in administering this program, noting that she had
undertaken an effort to raise funds for the purchase of loaned pieces on behalf of the Association.
He therefore recommended that staff invite current DNA Director Goehler to provide an outline
of program goals. For example, he said, if the association has made statements or commitments
to the artists that the loaned pieces would be purchased, then the City must consider that factor.
Member O’Brien also indicated that the City must consider if it wants to manage a program to
provide exhibit space, as opposed to mounting a permanent collection. He stressed that it is
imperative to clarify the City’s intent in this regard, especially if it will provide exhibit space
with introduction of new pieces.

Chairman Kenny also indicated that the City must consider if it prefers to administer Images of
Our Environment separately from the City’s public art program and fund. Analyst McCracken
said she believed the DNA would prefer for the program to be administered independently in
order to retain its focus in the Fifth Avenue South area. She also indicated that although she did
not believe the DNA intended for the City to purchase the artwork currently on loan, she would
contact DNA Director Goehler for further clarification. Member O’Brien suggested that the City
purchase artwork for permanent installation, either the current pieces or new ones, should the
City agree to manage the program, because it is unlikely that artists would be willing to loan
large pieces given the escalating cost of sculpture materials. He also cautioned that management
of a rotating collection would be difficult and time-consuming.

Analyst McCracken pointed out that the insurance values of the current work on loan range from
$5,000 to $100,000, although it is not clear whether those figures are comparable to a purchase
price.

The Committee briefly discussed the nature of the current loan agreements, including the ability
of an artist to terminate the agreement. Analyst McCracken explained that the City acquires
liability insurance for the loaned artwork, while the gallery owner or artist must insure for
theft/damage. She observed that should the City purchase the artwork, it would also have to
provide theft/property damage insurance.
         MOTION by Lickhalter to ACCEPT the proposal by the Downtown Naples
         Association for the City to control and manage the Images of Our Environment
         art program, with the condition that the City retain the flexibility to administer
         the program as it chooses. This motion was seconded by O’Brien and
         unanimously carried (Albert-yes, Burke-absent, Lickhalter-yes, O'Brien-yes,
         Rocklin-absent, Taylor-absent, Kenny-yes).
OTHER BUSINESS ........................................................................................................... ITEM 7
In response to Member Lickhalter, Community Services Analyst Janet McCracken stated that the
proposed parking garage project at Eighth Street South and Sixth Avenue, which is subject to the
public art requirement, would most likely be completed in December of 2008. The other
municipal project requiring participation is replacement of a maintenance shop, she said, which
would be completed in the 2007-08 fiscal year. She further noted that unlike artwork proposed
for private development, PAAC must forward a recommendation to City Council for approval of
the public art component of municipal projects. Ms. McCracken informed the Committee that
she had met with Community Development Director Robin Singer and the architects of the
parking garage project to discuss its public art requirement. The stakeholders of the project will
have input, she said, and then the Committee will review the public art plan. In further

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           Public Art Advisory Committee Regular Meeting – September 28, 2007 – 11:30 a.m.
discussion of the process for approving public art in municipal buildings, Ms. McCracken
indicated that a selection committee composed of stakeholders and community members would
review artist proposals for the project. She also pointed out that the selection criteria set forth in
the public art ordinance and guidelines will likely require revision to reflect the proposed text
amendment previously approved by PAAC, which will be considered by the Planning Advisory
Board in November and City Council in December.

In response to Member Lickhalter, Ms. McCracken clarified that the aforementioned
stakeholders include the Community Redevelopment Agency (CRA) and City staff from various
departments such as engineering and utilities representatives. She further explained that the
Committee’s role will be to select the artist, however Architect Andrea Clark Brown will make a
recommendation as to the type or style of art best suited to the site, given the design of the
structure.

Member Lickhalter expressed concern that artist selection must occur in the near future because
permitting for the parking garage project will begin in early 2008. Ms. McCracken explained
that CRA Executive Director Russ Adams and Community Development Director Singer would
address this issue at an upcoming City Council meeting. She also noted that she had obtained
several examples of public art in parking garages, which she has provided to Architect Brown
and the landscape architect for the project. The request for artist proposals will be drafted by
staff, Ms. McCracken said, but PAAC will have the opportunity to provide input. The
Committee then briefly discussed the methods by which public art can be acquired in order to
accommodate various timeframe limitations.

The Committee also reviewed a list of private development projects (a copy of which is
contained in the file for this meeting in the City Clerk’s Office) approved by the Design Review
Board (DRB) which are subject to the public art requirement. Ms. McCracken explained that
three of the projects, including Supreme Building, Fun Time Nursery, and the Sixth Street South
Villas are between 5,000 and 10,000 square feet in size, which means that under the current
ordinance they are required to contribute to the public art fund instead of placing art onsite.
However, she said, if the text amendment previously approved by the Committee is implemented
by City Council, the three aforementioned projects would be allowed to place art onsite. Ms.
McCracken said she would confirm that the project developers had been informed of the possible
revision to the guidelines. Member Lickhalter however pointed out that a building permit cannot
be obtained without PAAC approval of the public art plan, in which case the projects under
discussion may experience a delay if they choose to place art onsite.

In response to Chairman Kenny, Ms. McCracken explained that the Moorings Park project will
contribute to the public art fund because it did not have a suitable location for public art.

Chairman Kenny requested that staff provide the Committee with regular financial statements for
the public art fund, detailing the amount in escrow and the funds currently available; Analyst
McCracken agreed to provide monthly reports.

Analyst McCracken informed the Committee that she has made information available on the
City’s website with regard to public art plans for private development such as the recently
approved Naples Yacht Club expansion. She also reviewed other opportunities to increase media
coverage, including a WGCU program on art and local magazines “N” and “Gulfshore Life”.

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               Public Art Advisory Committee Regular Meeting – September 28, 2007 – 11:30 a.m.
Member Lickhalter offered to invite his contact at the public art program for Sacramento,
California, to share her experiences with the Committee; Chairman Kenny said she believed a
presentation by his contact would be beneficial.

Member Lickhalter stated that he has observed developers beginning to embrace the idea and
purpose of public art, citing an example in Collier County where there is no public art
requirement. Chairman Kenny noted that previously she had discussed the potential for a
County public art program with Commissioner Donna Fiala.
PUBLIC INPUT ................................................................................................................. ITEM 8
None.
ADJOURNMENT .............................................................................................................. ITEM 9
12:53 p.m.
                                                                    ____________________________________
                                                                    Sharon Kenny, Chairman

____________________________________
Janet McCracken,
Community Services Analyst

Minutes prepared by:

___________________________________
Rachael McLean, Technical Writing Specialist




Minutes Approved: November 29, 2007


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Public Art Advisory Committee Regular Meeting – September 28, 2007 – 11:30 a.m.
                                                                            Attachment 1
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Public Art Advisory Committee Regular Meeting – September 28, 2007 – 11:30 a.m.
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