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HomeMy WebLinkAboutPACKET Parks Advisory Board 2015-3-20 Parks Advisory Board Agenda March 20th, 2015 11:00 AM – 12:00 PM Rooms 202 & 203 Estes Park Town Hall 170 MacGregor Ave Current Members: Ronna Boles Celine Lebeau Dewain Lockwood Merle Moore Chris Reed Terry Rustin Approval of February Minutes Arbor Day 2015 update  Approval of book donations Public Art Policy  Draft #6 of Ordinance & Guidelines Other Business Adjourn Chair Celine Lebeau Chair Celine Lebeau Merle Moore Terry Rustin Town of Estes Park, Larimer County, Colorado, February 20th, 2015 Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall Room 100, Engineering Conference Room, in said Town of Estes Park on the 20th day of February, 2015. Present: Dewain Lockwood Merle Moore Ronna Boles Celine Lebeau Terry Rustin (by phone) Also Present: Greg Muhonen, Director of Public Works Jen Imber, Public Works Administrative Assistant Bob Holcomb, Town Board Trustee Patricia Greenberg, Cultural Arts Council Absent: Chris Reed Chair Lebeau called the meeting to order at 11:00 a.m. GENERAL BUSINESS It was moved and seconded (Lockwood/Boles) to approve the January 15th meeting minutes and the motion passed unanimously. Floyd Wright and Connie Dedon from the Estes Valley Community Garden gave a presentation on the community garden concept for the Estes Valley. A brief history of community gardens in the United States, as well as the benefits such a project could have for the community, were outlined. A map of the proposed location and blueprint sketch was provided to the board. Mr. Wright also spoke of the financial needs of the project, fundraising efforts and grants received. Education and outreach is a key component of the project. More info can be found at EVCG.org. Past Tree Board budget money was funded by the $2 per capita required by Tree City USA standards. That money is allocated in the budget for tree maintenance, care and new plantings. It must be spent on trees or education about trees and is not budget money for the PAB. Currently, PAB does not have a budget but that may be modified in the future to provide for public art and maintenance. PROPOSAL TO RECONSTRUCT LIBRARY’S STORY TIME AREA The library is interested in reconstructing the story time area to make it a more usable space for story time instead of the public space it is currently classified as now. The project would require the blessing of the Rotary Club, who constructed the space as it currently stands. Parks Advisory Board – February 20th, 2015 – Page 2 ARBOR DAY 2015 Chair Lebeau is currently struggling with finding a suitable date for all parties involved with the elementary celebration. May 15th is the proposed date, but Celine is waiting to hear from a couple of key people to be sure they can attend. PUBLIC ART POLICY AND ORDINANCE Merle Moore and Terry Rustin distributed updated drafts for review prior to the meeting. They opened the floor for questions and comments for the group. Brian Berg had a couple of comments on items for consistency. He also questioned the monetary impact of the Cultural Arts Council’s expenses and compensation with record keeping, maintenance of art and new purchases. Naming the company or non-profit in the policy can create issues with the Town’s purchase policy; a generic term should be used in place of specific entities within the policy. PAB will award the contract for those services on a determined frequency. A document in the appendix could outline guidelines and qualifications for curatorial. Trustee Holcomb recommended presenting the draft policy to the Town Board by June so supplemental budget money can be requested in August or September. Due to Merle’s absence in June, the board is shooting to appear at a Town Board Study Session on May 12th and to the Town Board meeting as an action item on May 26th. PAB will continue review of the Art Policy in March. With no other business to discuss, a motion was made (Lockwood/Boles) to adjourn the meeting at 12:04 pm, with all voting in favor. Draft Ordinance Version #6 Page 1 TOWN OF ESTES PARK MUNICIPAL CODE Chapter ______ - Art In Public Places _____________________________________________________________________________ Section ______#________ - Purpose The purpose of this chapter is to provide a means to fund the acquisition of works of art by the town, which shall become the Town’s collection, to provide a means to select works of art for the collection, to provide for the display of the collection and to provide for the maintenance and repair of the works of art in the collection. Section ______#________ - Definitions For the purposes of this ordinance the following words or phrases shall be defined as set out below: A. “Art in public places” (AIPP), means any visual work of art displayed for two weeks or more in an open Town-owned area, on the exterior of any town-owned facility, inside any Town-owned facility in areas designated as public areas, or on non-town property if the work of art is installed or financed, either wholly or in part, with town funds or grants procured by the Town. B. “Parks Advisory Board” (PAB), means the board created in Section ____#____ of the Municipal Code. C. “Reserve account” means the Art In Public Places reserve account established by this ordinance. D. “Work Of Art” means all forms of original creations of visual art, including but not be limited to:  Paintings of all media, including both portable and permanently affixed works such as frescoes and murals;  Sculpture of any form and in any material or combination of materials. This includes statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration;  Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics, and other materials;  Kinetic and/or interactive sculptures;  Site-integrated artwork created by landscape designers and artists which includes landscapes and earth-works, integration of natural and human made materials, and other functional art pieces. Site-integrated works may include building features, gates, street furniture, and paving materials. Draft Ordinance Version #6 Page 2 E. “Curatorial Support Services Provider” means that entity or organization selected by the PAB to provide on-going, permanent documentation of the Town public art collection. They may also provide recommendations for installation and maintenance of the various types of art in the collection. F. “Mural” means any work of visual art painted or applied directly on a wall, ceiling or other large permanent surface Murals include no picture, symbol or device of any kind that relates to a commercial business, product or service offered on the premises where the mural is located. G. “Guidelines” means that document prepared by, and periodically reviewed and updated by, The Parks Advisory Board and having the following objectives. A. To identify suitable works of art for the Town collection. B. To facilitate the preservation of works of art that may be displayed in public places. C. To prescribe a method or methods for competitive selection of works of art for display. D. To prescribe procedures for the selection, acquisition and display of works of art in public places. E. To set forth any other matter appropriate to the administration of the AIPP program. Section _______________ - Funds for works of art 1. The Town Board shall allocate in its annual General Fund Budget, funds for an Arts In Public Places program. The funds shall be placed in the reserve account for the AIPP program and may be expended as defined in Section ________ - Art In Public Places Reserve Account below. 2. The Town Board shall allocate in its annual General Fund Budget for the Parks Division, or other appropriate department, funds sufficient to provide the recommended maintenance of all public artworks in the Town collection. 3. Patrons may donate a piece of art to the Town of Estes Park for the AIPP program. In accepting a donation, the Town expects that funds for the transport, site preparation and installation of the piece will accompany the donation. The funds shall be placed in the reserve account for the AIPP program and may be expended as defined in Section ________ - Art In Public Places Reserve Account below. 4. Patrons may donate funds for the acquisition of a piece of art for the AIPP program In Draft Ordinance Version #6 Page 3 accepting the donation, the Town will allocate a portion of the donation for the transport, site preparation and installation of the piece. The funds shall be placed in the reserve account for the AIPP program and may be expended as defined in Section ________ - Art In Public Places Reserve Account below. 3. An artist may donate a piece of art to the Town for the AIPP program. In accepting the donation, the Town may accept responsibility for funding the transport, site preparation and installation of the piece. Section ______________ - Art In Public Places Reserve Account There is established a reserve account within the general fund to be known as the Art In Public Places reserve account. Funds in the AIPP reserve account may come from the Town’s annual General Fund Budget, grants and donations. All funds set aside or donated for acquisition of works of art shall be paid into the reserve account. Any excess or unexpended funds in the AIPP reserve account shall carry forward in this account at the end of each fiscal year. Funds deposited in the reserve account may only be expended for the acquisition, installation, maintenance and repair of works of art, costs associated with de -accessioning works of art, and expenses of administration of the AIPP program. Section _______________ - Administration Responsibility for administration of the AIPP program shall rest with the PAB, with administrative support from The Public Works Department and curatorial support from a Curatorial Support Services Provider. The PAB shall establish and amend, with Town Board approval, criteria and guidelines governing the selection, acquisition, purchase, commissioning, placement, installation, maintenance and de-accessioning of works of art. Selection and placement of works of art shall be in conjunction with representatives of the Town Board, and the Town department in which the artwork will be located. Following placement or installation, maintenance and repair of the artwork shall become the responsibility of the department having possession of the work, with advice and guidance of the PAB and the Curatorial Support Services Provider. Any proposed works of art requiring extraordinary operation or maintenance expenses shall receive prior approval of the department head responsible for such operation or maintenance. Section _______________ - Curatorial Support Services Provider The Curatorial Support Services Provider shall maintain a detailed record of all art in public places, including, but not limited to, an accession number, site drawings, photographs, designs, names of artists, and names of architects whenever feasible. Section ________________ - Ownership All permanent works of art acquired pursuant to this ordinance shall be acquired in the name of, and title shall be held by, the Town of Estes Park. Draft Ordinance Version #6 Page 4 Section _________________ - Exemptions The following are exempt from the provisions of this ordinance: A. All works of art in the collections of, or under the auspices of, the Estes Valley Public Library and The Estes Park Museum. B. All works of art that are the private, personal property of any Town employee and that are displayed in Town offices or other areas of Town-owned facilities which are not generally frequented by the public. Passed and adopted this ____ day of ___________, 2015. Guidelines – Draft Version #6 Page 1 COVER PAGE ART IN PUBLIC PLACES HANDBOOK OF GUIDELINES TOWN OF ESTES PARK, COLORADO Guidelines – Draft Version #6 Page 2 TABLE OF CONTENTS ACKNOWLDEGEMENTS ……………………………………………… Page 3 INTRODUCTION ……………………………………………………….. Page 4-5 TOWN ORDINANCE …………………………………………………… Page 5 DEFINITIONS …………………………………………………………… Page 5-6 FUNDS FOR WORKS OF ART …………………………………………Page 6-7 Reserve Account Established ADMINISTRATION AND CURATORIAL SUPPORT ………………. Page 7-8 Parks Advisory Board Curatorial Support Services Provider GUIDELINES ……………………………………………………………... Page 8 SELECTING WORKS OF ART …….…………………………………… Page 8-10 Direct Purchase Open Competitions DISPLAY OF ART IN PUBLIC SPACES ……………………………… Page 10-11 OWNERSHIP OF WORKS OF ART …………………………………….Page 11 Exemptions of Ownership ACQUISITION OF WORKS OF ART………………………………….. Page 11-12 TEMPORARY PUBLIC WORKS OF ART ……………………………..Page 12 ARTIST SELECTION CRITERIA ……………………………………… Page 12 SITE SELECTION FOR WORKS OF ART ……………………………. Page 12-14 Display Standards Town Department Input POST SELECTION PROCESS .…………………………………………. Page 14-15 Contracts Public Disclosure DONATING A WORK OF ART …………………………………….. Page 15-16 Background And Definitions Process For Consideration Review Considerations Public Disclosure DE-ACCESSIONING A WORK OF ART ………………………………. Page 16-18 Basis For De-Accessioning Process/Disposition MAINTENANCE GUIDELINES FOR WORKS OF ART ……………..Page 18-21 Goal Definitions Process Implementation Guidelines – Draft Version #6 Page 3 PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) ……………………………………………………………. Page 21-23 Goal Installations Adjoining The ROW Installations Within The ROW APPENDIX ……………………………………………………………… Page 24 ACKNOWLEDGMENTS The Estes Parks Advisory Board would like thank the following and acknowledge their valuable input to development of these guidelines. City of Loveland, Colorado, Visual Arts Commission Town of Vail, Art In Public Places Strategic Plan Greeley Art Commission and City of Greeley, Colorado, Art Master Plan City of Grand Junction, Colorado, Art In Public Places Program Executive Director of the Estes Park Museum Executive Director of the Cultural Arts Council of Estes Park Guidelines – Draft Version #6 Page 4 INTRODUCTION These Guidelines for an Art In Public Places (AIPP) program of the Town of Estes Park (Town) were developed by the Estes Park Parks Advisory Board (POB) at the request of the Town Board. They describe the process and criteria to be used to evaluate potenti al public artworks and projects. The guidelines also detail the administration of the Art In Public Places program. Following is a definition of public art as it applies to the Estes Park program. In its broadest sense, public art is any original creation of visual art that is:  Acquired with public monies,  Acquired with a combination of public/private funding,  Acquired by donation or on loan to the Town’s Art In Public Places program or  Privately sponsored artwork that is located on publically owned lan d. Examples of public art include, but are not limited to:  Sculpture of any form and in any material or combination of materials to include statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration;  Paintings of all media, including both portable and permanently affixed works such as frescoes and murals;  Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics and other materials;  Kinetic and/or interactive sculptures;  Site-integrated artwork created by landscape designers and artists which may include landscapes and earth-works, integration of natural and human-made materials, and other functional art pieces. Examples of site-integrated works may include building features, paving materials, gates, and street furniture. The AIPP program enriches our community through public exposure to the arts. The program is achieved through a collaboration of Estes Park residents, businesses, organizations (Cultural Arts Council of Estes Park, Art Center of Estes Park), and Estes Park K-12 school programs, to develop a diverse art collection that creates a sense of place, provides a unique town identity, offers educational opportunities and serves as an economic driver. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, Guidelines – Draft Version #6 Page 5 compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination, not only for its natural beauty, but also for its vibrant arts scene. TOWN ORDINANCE Town Ordinance _____(#)________ establishes the Art In Public Places program under the auspices of the Parks Advisory Board of the Town of Estes Park DEFINITIONS  “Art In Public Places” means any visual work of art displayed for two weeks or more in an open town-owned area, on the exterior of any Town-owned facility, inside any Town- owned facility in areas designated as public areas, or on non -Town property if the work of art is installed or financed, either wholly or in part, with Town funds or grants procured by the Town.  “Town Board” means those elected officials serving as Trustees of the Town.  “Parks Advisory Board” (PAB), means that Board created in Section _____#__________ of the Municipal Code.  “Reserve account” means the AIPP reserve account defined by these guidelines. The AIPP reserve account shall not be used for acquiring or funding: 1) reproductions or unlimited editions of original work; 2) objects that are mass produced; 3) architectural rehabilitation, or historical preservation; or 4) other works deemed, by the PAB, to be inappropriate for the Town’s collection.  “Work of art” means all forms of original creations of visual art, including but not be limited to:  Paintings of all media, including both portable and permanently affixed works such as frescoes and murals;  Sculpture of any form and in any material or combination of materials. This includes statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration;  Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics, and other materials;  Kinetic and/or interactive sculptures; or  Site-integrated artwork created by landscape designers and artists which includes landscapes and earth-works, integration of natural and human made materials, and Guidelines – Draft Version #6 Page 6 other functional art pieces. Site-integrated works may include building features, gates, street furniture, and paving materials.  “Site” refers to a specific location being considered for or currently displaying a work of art.  “Project” means an existing plan or proposal where installation of a work of art may be under consideration.  “Mass Produced” means a work of art that has been reproduced for mass distribution.  “Curatorial Support Services Provider” means that entity or organization selected by the PAB to provide on-going, permanent documentation of the Town public art collection. They may also provide recommendations for installation and maintenance of the various types of art in the collection.  “Mural” means any work of visual art painted or applied directly on a wall, ceiling or other large permanent surface. Murals include no picture, symbol or device of any kind that relates to a commercial business, product or service offered on the premises where the mural is located.  “Guidelines” means that document prepared, and periodically reviewed and updated by, The Parks Advisory Board. FUNDS FOR WORKS OF ART 1. The Town Board shall allocate in its annual General Fund Budget, funds for an Arts In Public Places program. The funds shall be placed in the reserve account for the AIPP program and may be expended as defined in these guidelines under “Reserve Account Established” below. 2. The Town Board shall allocate in its annual General Fund Budget for the Parks Division, or other appropriate department, funds sufficient to provide the recommended maintenance of all public, permanent works of art in the Town collection. 3. Patrons may donate a piece of art to the Town of Estes Park for the AIPP program. In accepting a donation, the Town expects that funds for the transport, site preparation and installation of the piece will accompany the donation. The funds shall be placed in the reserve account for the AIPP program and may be expended as defined in these guidelines under “Reserve Account Established” below. 4. Patrons may donate funds for the acquisition of a piece of art for the AIPP program In accepting the donation, the Town will allocate a portion of the donation for transport, Guidelines – Draft Version #6 Page 7 site preparation and installation of the piece. The funds shall be placed in the reserve account for the AIPP program and may be expended as defined in these guidelines under “Reserve Account Established” below. 5. An artist may donate a piece of art to the Town for the AIPP program. In accepting the donation, the Town may, at its discretion, accept responsibility for funding the transport, site preparation and installation of the piece. Reserve Account Established A reserve account for the Art In Public Places program has been established. Funds deposited in the reserve account may only be expended for the acquisition, installation, maintenance and repair of works of art, costs associated with de-accessioning works of art, and expenses of administration of the AIPP program. Funds in the AIPP reserve account may come from the Town’s annual General Fund Budget, grants and donations. All funds set aside or donated for works of art shall be paid into the reserve account. Any excess or unexpended funds in the AIPP reserve account shall carry forward in this account at the end of each fiscal year. Funds in the AIPP reserve account shall not be used for: 1) Purchasing reproductions or unlimited editions of original work; 2) Purchasing objects that are mass produced; 3) Architectural rehabilitation, or historical preservation; or 4) Other works deemed inappropriate for the collection. ADMINISTRATION AND CURATORIAL SUPPORT Parks Advisory Board (PAB) Administration of the AIPP program is the responsibility of the Parks Advisory Board with administrative support from the Public Works Department. The PAB shall consist of citizens living in the Estes Valley for at least 2 years and having experience with trees, weeds, public art, trails or park design. There shall be 7 members, appointed by the Town Board, who shall serve without compensation. The PAB shall establish and amend, with Town Board approval, criteria and guidelines governing the selection, acquisition, purchase, commissioning, placement, installation, and maintenance of public works of art. Selection and placement of works of art shall be in conjunction with representatives of the Town Board and the Town department having responsibility for maintenance of the work of art. Following placement or installation, maintenance and repair of works of art shall be the responsibility of the Town department having possession of the work(s), with the advice and guidance of the PAB. Any proposed works of art requiring extraordinary operation or Guidelines – Draft Version #6 Page 8 maintenance expenses shall receive prior approval of the department head responsible for such operation or maintenance. Curatorial Support Services Provider A representative of the curatorial support services provider shall serve as an ex- officio and nonvoting member of the PAB. The role of the curatorial support services provider shall be to perform such duties as set forth in these guidelines as they pertain to the Town’s Art In Public Places program. The curatorial support services provider, shall maintain a detailed record of all art in public places, including, but not limited to, accession numbers, site drawings, photographs, designs, names of artists, and names of architects whenever feasible. The curatorial support services provider shall be reimbursed for actual expenses incurred as expenses of curatorial support. GUIDELINES The Parks Advisory Board shall adopt guidelines: A. To identify suitable works of art for the Town collection. B. To facilitate the preservation of works of art that may be displayed in public places. C. To prescribe a method or methods for competitive selection of works of art for display. D. To prescribe procedures for the selection, acquisition and display of works of art in public places. E. To set forth any other matter appropriate to the administration of the AIPP program. SELECTING WORKS OF ART In performing its duties with respect to AIPP program, the PAB will strive to integrate the creative work of artists into public projects to thereby increase our residents’ and visitors’ experience and improve the economic vitality of the Town through the enhancement of public spaces in general and the pedestrian landscape in particular. In doing so, special attention will be given to the following. A. Conceptual compatibility of the design with the immediate environment of the site. B. Appropriateness of the design to the function of the site. C. Compatibility of the design and location with a unified design character or h istorical character of the site. Guidelines – Draft Version #6 Page 9 D. Creation of an internal sense of order and desirable environment for the general community by the design and location of the work of art. E. Preservation and integration of natural features of the site. F. Appropriateness of the materials, textures, colors and design to the expression of the design concept. G. Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to insure a variety of style, design and media throughout the community. Selection of a work of art may be PAB or otherwise initiated. These guidelines apply in both instances. Additional guidelines apply to donations of works of art and they may be found in other sections of this document. Direct Purchase: The PAB may purchase existing artwork from an artist/owner in unique circumstances (e.g. when the price presents an economic advantage) or to meet one of the AIPP program goals. The PAB may approach an artist or an artist may approach the PAB. Artists who have a finished work of art that they wish the PAB to consider for purchase should submit the following to the PAB: 1. A proposal sheet with the artist’s name, title of the artwork, dimensions, medium, date produced, price, location, number of reproductions, restrictions on reproduction, and other information the artist deems pertinent. 2. A resume and references. 3. A maquette and/or images or the actual work for review. (Images may be provided electronically or by hard copy and should show all sides, providing the proper scale of the work). 4. A cover letter explaining why the work should be added to the Town’s public art collection. 5. A conservation assessment describing the artwork’s condition, along with a maintenance plan. (The plan should include an explanation of the expected life span of the work while placed in a public environment, specifying the type of environment in which the artwork may be placed. It should also discuss whether the artwork may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by a qualified conservator or the artist.) 6. The PAB may request additional information. The PAB typically reviews direct purchases of works of art twice per calendar year; however, exceptions may be made if deemed appropriate by a majority of the PAB members. Guidelines – Draft Version #6 Page 10 Open Competitions: Competitions are open to artists within the geographic limits and other specifications set by the PAB (which vary from competition to competition). The PAB strives to maintain valance between competitions involving local artists only and artists from a larger area. The PAB process for competitions is typically as follows. 1. The PAB provides a project description, budget, time schedule, and summary of duties and obligations. 2. The artist shall provide a maquette and site drawing (if appropriate), design, concept statement, recommended installation and maintenance requirements, budget, photographs, resume and references. 3. Proposals shall be considered by the jury and a final choice or choices will be presented to the PAB for acceptance. Jury composition varies and is determined by the PAB, but juries typically include representative(s) from the designated site and the PAB. 4. Entry materials will be returned to the artist only if requested and appropriate packaging, postage and insurance are included with the entry by the artist. The names of selected artists may be obtained from the Chairperson of the PAB. The Parks Advisory Board recognizes that works of art often significantl y alter public places, becoming a new, major presence in the environment. In recent decades, visual art has rapidly evolved and diversified, creating at times a gap between visual art and its appreciation by the general public. The AIPP program shall endeavor to bridge this gap, by broadening community awareness of the issues involved in visual art and its historical context, and encouraging informed debate among all segments of the community. DISPLAY OF ART IN PUBLIC SPACES A. Works of art selected and implemented pursuant to the provisions of this chapter may be 1) placed in, on or about any public place or, 2) by agreement with the owner thereof, placed on any private property with substantial public exposure in and around the town. Works of art owned by the Town may also be 3) loaned for exhibition elsewhere, upon such terms and conditions as deemed necessary by the PAB. B. All art in public places shall receive the prior review and approval of the Town Board. None shall be removed, altered or changed without the prior review and approval of the Town Board. C. No work of art financed either wholly or in part with Town funds or with grants procured by the Town shall be installed on privately owned property unless the following condition is met. A written agreement must be prepared and signed by the Chairperson of the PAB, acting on behalf of the Town, and the owner of the property specifying the proprietary interests in the work of art and specifying other provisions deemed necessary Guidelines – Draft Version #6 Page 11 or desirable by the Town attorney. In addition, such written agreement shall specify that the private property owner assures: 1. The installation of the work of art will be done in a manner which will protect the work of art and that takes into consideration public safety; 2. The work of art will be maintained in good condition; and 3. Insurance and indemnification of the Town will be provided as is appropriate. D. Installation, maintenance, alteration, refinishing and moving of art in public places shall be done in consultation with the artist whenever feasible. E. The Cultural Support Services Provider shall maintain a detailed record of all art in public places, including accession numbers, site drawings, photographs, designs, names of artist, names of architects and correspondence bet ween all parties involved in the creation, acquisition, placement, and display of art work whenever feasible. OWNERSHIP OF WORKS OF ART All permanent works of art acquired pursuant to these guidelines shall be acquired in the name of, and title shall be held by, the Town of Estes Park. Exemptions Of Ownership Of Works of Art The following are exempt from the provisions of these guidelines: A. All works of art in the collections of, or under the auspices of, the Estes Valley Public Library and The Estes Park Museum. B. All works of art that are the private, personal property of any Town employee and that are displayed in Town offices or other areas of Town-owned facilities which are not generally frequented by the public. ACQUISITION OF WORKS OF ART Public art may be acquired through commissioning a site-specific work, direct purchase, or donation of a work of art. A commissioned work of public art typically involves selecting an established artist to develop a piece of artwork for an identified location or use. An established artist is an artist who has sold one or more piece(s) of art. If site specific, the artwork must conform to the AIPP program developed by the PAB regarding the site’s functional context, its architecture, its location, its relationship to the adjacent terrain, and its social context. If a work of art is commissioned for a specific use it must meet the requirements set forth by the PAB. Guidelines – Draft Version #6 Page 12 The PAB is entrusted to develop criteria for commissioned projects and to site other acquired works. The PAB’s administrative policies, selection and placement criteria are detailed in these Guidelines. Periodically the Town of Estes Park or the Parks Advisory Board may be offered donations of works of art. Donations are subject to the same policies and criteria of the AIPP program as any other work of art being considered by the Town. The PAB has the discretion, subject to program policies, to recommend to the Town Board either accepting or rejecting any work of art offered to the Town for public art purposes. TEMPORARY PUBLIC WORKS OF ART The PAB may, at its discretion and with approval of the Town Board, designate sites within the Town of Estes Park as locations for the display of temporary works of art otherwise meeting the criteria detailed in these guidelines. Sites will be selected for their visibility and access to both visitors and residents to the town. The display of temporary art has several goals. They are: 1) enriching our community, 2) providing exposure to artists working in a variety of media, and 3) allowing for the exhibition of a wide variety of work s of art that may supplement and enhance the permanent Town art collection. A selected artwork must exemplify commitment to quality and innovation. A temporary art exhibit may be held with the intention of creating a mutually beneficial partnership between the Town of Estes Park and artists working both within and outside of the community. Selected artists will enter into a standard lease agreement with the Town of Estes Park for each work of art proposed for exhibition. The length of the lease may be for up to one year. A ten- percent (10%) sales commission is collected by the Town for any temporary work of art that is sold during the exhibition and the funds deposited into the AIPP reserve account. ARTIST SELECTION CRITERIA When evaluating the possibility of working with a particular artist, the PAB generally considers the following factors.  The artist’s presentation.  The ability of the artist to work cooperatively and effectively with stakeholders.  The technical feasibility of a proposed project and the artist’s technical ability.  Other factors deemed by the PAB to be important. SITE SELECTION FOR WORKS OF ART Guidelines – Draft Version #6 Page 13 The PAB is charged with selecting sites for purchased or donated artwork. The PAB generally considers the following criteria in matching an artwork with a display site. Display Standards 1. Conceptual compatibility of the design with the immediate site environment. 2. Appropriateness of the design to the function of the site. 3. Compatibility of the design and location with a unified design character or historical character of the site. 4. Creation of a desirable environment for the general community by the design and location of the work or art. 5. Preservation and integration of natural features of the site. 6. Appropriateness of the materials and design to the expression of the artist’s concept. 7. Representation of a broad variety of tastes within the co mmunity and the provisions of a balanced inventory of art in public places to ensure a variety of style, design, and media throughout the community. 8. Visibility and accessibility. 9. Public safety. 10. Car and pedestrian traffic patterns, and other Right of Way considerations. 11. Site conditions/constraints: existing landscaping, site furnishings, water for irrigation, drainage, grading, electrical source for lighting, and other utility considerations such as depth of existing utilities, access to natural gas hook up, etc. 12. Environmental impacts such as noise, sound, light and odors. 13. Impact on operational functions of the Town such as snow removal, mowing operations, etc. 14. Compatibility with the site function. 15. Susceptibility to vandalism. 16. Costs of site preparation. 17. Existing works of art in/near the site area. 18. Impact on adjacent property owners. 19. Any other criteria deemed by the PAB to be important. Town Department Input Whether 1) working to select artwork for a designated site, or 2) selecting a site for an already acquired artwork, the PAB strives to get input from relevant Town departments. Relevant departments will typically be either 1) a department receiving artwork in/on its Guidelines – Draft Version #6 Page 14 building/grounds, or 2) a department whose general responsibilities will be materially impacted by the placement of a work of art at a particular site (visual sightline obstruction, mowing or snow removal operations, etc.). The Chairperson of the PAB will contact the director of the relevant department(s) to discuss potential sites and will invite the director to serve on any formal selection committee. The PAB encourages participation by the relevant department director. Selection processes which are determined by the PAB may vary by project. The Chairperson of the PAB will ask the director of the relevant department to provide any concerns he or she has about the sites and/or their impact on department operations before a selection process is concluded/finalized. POST-SELECTION PROCESS Once a site has been selected, an installation plan will be developed by the PAB with input from the artist, donor, and contractor when appropriate. Following installation, the designated representative(s) of the PAB and the relevant department director will meet to inspect the site and sign off on the finalized project. At the time of an acquisition, by donation or purchase, the proposed budget for a work of art should include all costs of installation, which may include (1) plinths or other display components; (2) site development, including landscaping and irrigation system installation or modification; and (3) an identification plaque. Contracts Following the final selection of a work of art or artist, a written contract shall be prepared by __________(who?)_______________ and approved by the Town Attorney. Executed contracts shall be filed with the Town Clerk and a copy placed in the artwork accession file managed by the curatorial support services provider. Public Disclosure Information about regular PAB meeting dates, rooms and times may be obtained by contacting the Town Clerk. Special meetings may be called from time-to-time as needed. Information regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town regulations, are open to the public. Notices about PAB agendas and minutes are provided to the Guidelines – Draft Version #6 Page 15 Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal notice, including a photograph of a proposed work of art donation or acquisition is placed in the newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to the second and final reading at a Town Board meeting regarding the proposed installation. Under special circumstances, the second reading may be waived. DONATING A WORK OF ART Background And Definitions The Town of Estes Park’s collection of more than __(#)___ public works of art (in 2015) consists in large part of donations from arts organizations and private parties. Needless to say, donations are an important part of the collection. The AIPP program has limited funds for administration, preservation and maintenance of works of art. Likewise, there are a limited number of suitable municipal sites appropriate for the installation of works of art. To ensure the quality of the collection, the PAB uses these guidelines to decide whether a proposed donation is appropriate for addition to the Town’s collection. The PAB accept s only those works that will, in its discretion, further the overall goals of the AIPP program. Process For Consideration The PAB requests that individuals or entities interested in donating a work of art follow these steps. 1. Submit a complete official donation application to the Chairperson of the PAB. This form may be obtained from the Town website or from the Town Clerk. 2. Provide a maquette and/or images or the actual work for review. Images may be provided electronically or by hard copy and should show all sides and the proper scale of the work. 3. Include a cover letter explaining that you are offering the work of art to the Town as a gift and explain why the work should be added to the Town’s public art collection. 4. Provide a copy of the artist’s resume or biography; information about the artist’s significance; and digital images showing a sampling of the artist’s work. 5. Provide information about the artwork’s provenance, exhibition history, and a current estimate of value. Include a letter of authenticity from the artist, if possible. Guidelines – Draft Version #6 Page 16 6. Provide a conservation assessment describing the condition of the work of art, along with a maintenance plan. The plan should include an explanation of the expected life span of the work of art while placed in a public environment, stipulating the type of environment (interior/exterior) in which the work of art may be placed. The plan should also discuss whether the work of art may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by a qualified conservator or the artist. 7. The PAB may request additional information. 8. The PAB is unlikely to consider any donation that requires immediate or extensive maintenance. The PAB typically reviews potential donations of works of art twice per calendar year (in January and July); however, exceptions may be made if deemed appropriate by a majority of the PAB members. After review, the PAB may choose to accept or decline a or to table an offer. Review Considerations In reviewing a potential donation, the PAB typically considers the information requested above, as well as aesthetic quality (including craftsmanship), compatibility with the Town’s existing public art collection, and budget (i.e. maintenance requirements and installation costs). The PAB may also consider other factors contained in its acquisition guidelines. Public Disclosure Information about regular PAB meeting dates, rooms and times may be obtained by contacting the Town Clerk. Special meetings may be called from time-to-time as needed. Information regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town regulations, are open to the public. Notices about PAB agendas and minutes are provided to the Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal notice, including a photograph of a proposed work of art donation or acquisition is placed in the newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to the second and final reading at a Town Board meeting regarding the proposed installation. Under special circumstances, the second reading may be waived. DE-ACCESSIONING A WORK OF ART Guidelines – Draft Version #6 Page 17 De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park’s public collection. The PAB is responsible for recommending to the Town Board whether any piece(s) should be de-accessioned. De-accessioning occurs only for good reason, in the PAB’s discretion. Basis For De-Accessioning The PAB may de-accession an artwork for one or more or the following reasons.  The artwork endangers public safety.  The work of art has been determined to be in unsatisfactory condition.  The work of art lacks a suitable display site.  The condition or security of the work of art cannot be reasonably guaranteed where located.  The work of art is attached to a structure slated for destruction, remodeling or repair (so that it is not practical to keep the it).  The work of art is or has become incompatible with the rest of the collection.  The Town wishes to replace the work of art with a piece of more significance by the same artist.  The work of art requires excessive maintenance or it has faults of design or workmanship.  The work of art found to be fraudulent or not authentic.  The Town cannot properly care for or store the work of art.  For any other reason articulated by the PAB, in its discretion. Process/Disposition The PAB will review the works of art in the Town’s collection at least once every five years to determine whether any piece(s) should be de-accessioned. In addition, the Town reserves the right to de-accession a work of art at any time deemed appropriate by the PAB. De-accessioning may only be considered during a monthly or a special meeting of the PAB. A majority of PAB me mbers in a quorum must approve de-accessioning for two consecutive votes. After the first vote, a public announcement of the plan to de-accession must be made to permit public input prior to the second vote. Following the second vote, and upon approval of the Town Board, the work of art shall be officially de-accessioned from the Town collection. Guidelines – Draft Version #6 Page 18 The PAB may consider the following options for disposition of a de-accessioned artwork. 1. Return to the artist. 2. Sale or trade. 3. Destruction (which shall be reserved for works deteriorated or damaged beyond reasonably-priced repair). 4. Donation. 5. Any option deemed appropriate by the PAB. MAINTENANCE GUIDELINES FOR WORKS OF ART Goal The goal of the AIPP Maintenance Policy is to properly maintain the Town’s collection of publicly owned works of art to ensure Estes Park citizens’ long-term enjoyment of the collection. The AIPP Maintenance guidelines spell out the documentation, preservation, and maintenance processes that will support that goal. The AIPP Maintenanc e guidelines will be implemented on a piece-specific basis that recognizes the value of each work of art in the collection. Definitions A. The term “Art In Public Places” refers to any visual work of art displayed for two weeks or more in an open Town-owned area, on the exterior of any Town-owned facility, inside and Town-owned facility in areas designated as public areas, or on non-Town property if the work of art is installed or financed, either wholly or in part, with Town funds or with grants the Town has procured. B. The term “work of art” refers to, but is not limited to, a sculpture, monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving, and work of/piece of stained glass. The term “work of art” would not normally include landscaping, architectural ornamentation, or signs. C. “Documentation” includes, but is not limited to, periodic condition reports, records of actual maintenance performed and an assessment of those efforts, photographs, artist’s maintenance recommendations, methods and materials, information, potential problems Guidelines – Draft Version #6 Page 19 with the work of art, finishes information (e.g., painters name; when, where, what, and how the piece was finished), quality of materials used, installation information, warranties and professional and other knowledgeable opinions regarding preservation and maintenance. The documentation may also include the artist’s resume, artwork history, where the work has been exhibited, and a personal interview with the artist. D. “Preservation” includes placement; installation; security; regularly scheduled maintenance and emergency repairs (with consideration to the natural process of aging). E. “Maintenance” will be performed according to a scheduled piece-specific plan to clean, repair, and preserve each work of art in the Town’s public collection. A maintenance plan for outdoor works of art placed in landscaped settings may include regular tree/shrub pruning or, when necessary, re-planting to maintain desired sight lines for viewing the work of art. All maintenance plans will include a means to assess the ongoing effectiveness of preservation. Process 1. Documentation. Initial documentation will be provided by at the time an artist/donor submits a work of art for consideration, prior to a piece being accepted into the Town collection. A standardized form, completed by the artist/donor, will be used for this purpose. The PAB, appropriate Town departments (Public Works, Parks Division), outside contractors, service people and experts may be asked to review this documentation. Documentation will reside in the records of the curatorial support services provider and their representative to the PAB will be responsible for creating, keeping and periodically updating the documentation. The PAB will use the projected cost of maintenance as one consideration in its final determination of acceptance and placement. Although documentation and maintenance recommendations alone will not be used to specifically exclude artwork from the Town collection, the recommendation may play a role in that final determination. The AIPP reserve fund may be used to pay for acquiring critical, missing documentation not obtained at the time of acquisition of a work of art. 2. Maintenance documentation. When a work of art is accepted into the Town collection, minimum, “benchmark” level of maintenance and a maintenance schedule will be established for it. The documentation will include a standard for regular maintenance (e.g. timing, type of maintenance) and identify any maintenance issues that may require special attention. Each medium will require knowledgeable people to develop maintenance criteria. In addition, the maintenance criteria may include future historic Guidelines – Draft Version #6 Page 20 and aesthetic considerations for each piece. The maintenance documentation may be reviewed and revised as needed. 3. Inspection and Condition Report. Upon a schedule recommended by the PAB, the curatorial support services provider will initiate and produce an inspection and condition report. Paid professional condition apprais ers/conservators and/or knowledgeable volunteers, craftspeople or industry experts may perform the inspection for each piece. The inspection and condition report will become part of the permanent documentation for the specific work of art and will reside with the curatorial support services provider. 4. Regular maintenance. Town Parks Division staff, paid professionals and/or trained and supervised volunteers will perform regular maintenance of works of art based upon the maintenance schedule and condition report for each specific work of art. Maintenance will be performed upon a recommended schedule developed by the PAB in consultation with the representative of the curatorial support services provider each year. 5. Special Maintenance. Paid professionals/craftspeople or knowledgeable/trained volunteers will perform maintenance that requires specialized tools, equipment, or knowledge on an “as needed” basis. The representative of the curatorial support services provider, in consultation with the PAB will use the condition report and/or site visits to determine need. 6. Emergency Maintenance or Repair. Paid professionals/craftspeople or knowledgeable/trained volunteers will perform emergency maintenance/repair on an “as needed,” timely basis as determined by the representative of the curatorial support services provider in consultation with the PAB. 7. Construction, Remodeling, Painting & Repair. Whenever construction, remodeling, painting or other maintenance projects undertaken by the Town may adversely impact any work of art in the Town collection the PAB is to be notified in advance of the work commencing. A plan to protect and preserve the likely to be impacted works of art is to be developed, in conjunction with the representative of the curatorial support services provider, and approved by the PAB prior to work commencing. Implementation 1. Maintenance Plan Implementation. The Department of Public Works staff, Parks Division staff and the representative of the curatorial support services provider will monitor the AIPP maintenance plan and will report to the PAB annually, or more often if Guidelines – Draft Version #6 Page 21 needed, on the status of art work maintenance. The Department of Public Works staff and the representative of the curatorial support services provider will monitor and report to the PAB on quality control, evaluation and corrective maintenance actions carried out under the approved plan. 2. Funding. Funding for maintenance will be established through a budget developed annually by the Department of Public Works and Parks Division staff and presented to the PAB in November. Funds for maintenance may come from the AIPP reserve account or be a line item in the appropriate Town department’s annual operating budget . Maintenance funding of works of art in the permanent Town collection will take precedent over new art purchases. 3. Contract Services. Contracts with paid professionals/craftspeople will follow established Town guidelines and will be handled through the appropriate Town department. 4. Quality Control. The PAB believes in regulating the quality of maintenance to an established standard. Therefore the PAB will work over time to collect and assimilate maintenance data pertinent to the various types of works of art in the Town’s collection (e.g. Lacquer vs. waxing, annual vs. biannual maintenance, professional vs. trained volunteer, etc.) The PAB, the representative of the curatorial support services provider, and Public Works Department staff will use this data to develop specific quality standards and devise ways to measure if the standards are met. Once established, the standards will be used to collect relevant data, analyze that data, and create corrective action plans as needed. The Public Works Department staff will identify specific areas of comparison (e.g. using multiple contractors and comparing the results of their work) and documenting specific maintenance challenges and failures (and their solutions). 5. Policy Review. Annually, in November, PAB members, and/or the Director of Public Works will recommend changes to the AIPP Maintenance guidelines to the PAB. 6. Attachments. Samples of forms to be used to implement the AIPP program are to be found in the Appendix section of these guidelines and may be modified by the PAB as needed during the annual guidelines review process. PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) Goal The goal of this policy is to develop a framework for the consideration of works of art that will enhance the community and the travel corridor of the ROW. The guidelines do not rule out any Guidelines – Draft Version #6 Page 22 particular application, as every installation should be weighed in relation to the location, the factors noted below, as well as the other impact values. Leadership for consideration of all projects and installations rests primarily with the To wn of Estes Park PAB. Staff liaison support is provided through the Public Works Department and in cases that impact the ROW, Public Works will guide the process of securing collaborative support from other Town departments as well as from other governmental agencies (i.e. CDOT, etc.). Public Works can and will provide support, professional expertise, and advisement as needed for installations selected by the PAB. Primary contact will be through the Public Works Director and any staff member who will be supporting the project(s). In installations that involve CDOT ROW, Public Works will develop a plan to address the separate contracts, review, and inspection requirements necessary with these projects; this may include cost considerations for project management if the size of the installation is large. The Town of Estes Park utilizes the Manual of Uniform Traffic Control Devices (MUTCD) when determining uses, signage, visual sightline requirements, and other issues that impact the ROW. The MUTCD is nationally accepted as the primary standard for these requirements. Installations Adjoining The ROW When considering installations along the ROW the following factors shall be considered by Public Works in making a determination about a particular installation. 1. ADA requirements. A. For example: does the installation impact the egress of handicapped individuals? 2. Impact on flow of pedestrians, bicycles, or traffic . A. For example: does the installation cause undue interruption of the flow of individuals on a sidewalk or cross walk? 3. Safety Impacts. 4. Maintenance requirements/modifications that may be created by the installation. Installations Within The ROW Guidelines – Draft Version #6 Page 23 When considering installations in the ROW the following factors must be considered and resolved collaboratively with all stakeholders, with Public Works making a final determination about a particular installation. 1. ADA requirements. 2. Impact on flow of pedestrians, bicycles, or traffic . 3. Maintenance requirements that may be created by the installation. 4. Safety impacts. A. Does the installation cause undue distraction for drivers, so that vehicles are more likely to cause accidents from slowing or disorientation? B. Does the installation cause a blockage of sightlines such that safety for drivers, pedestrians, or cyclists is compromised? I. These sightlines will be different in each installation so size may be a factor at certain locations. For example in an installation at a traditional intersection location close to the sightlines at the corners may create a significant hazard; or within roundabout installations that create blind spots for drivers related to pedestrians will create a significant hazard. II. Height of installations is not generally an issue except when a foundation structure is required that may limit visibility for pedestrians in wheelchairs or may cause drivers to “rubber neck” for better viewing. C. When installations are within the ROW project planners must be sensitive to works of art that may draw pedestrians into the traffic flow for viewing. In roundabout situations this is a critical factor as these traffic designs are developed to keep speeds relatively high and do not have clear locations for drivers to stop, generally roundabout islands are not designed in such a manner as to accommodate pedestrian traffic. If a work of art is designed into a roundabout prior to construction it may be possible to create and place design elements that can accommodate these issues. It is also recommended that placement of recognition for works of art (artist signatures, plaques describing the work of art, etc.) are placed outside of the roundabouts flow of traffic versus on the island itself. Guidelines – Draft Version #6 Page 24 APPENDIX This section will contain samples of all forms referenced in the guidelines such as: Agreement To Place Town-Owned Works Of Art On Private Property Lease Agreement For Exhibit Of Temporary Works Of Art Application For Donating A Work Of Art For The Town’s Collection Etc. These will need to be developed with assistance of Town staff.