HomeMy WebLinkAbout2002-2003 Comprehensive Public Art Plan -t
CITY OF ITHACA
PUBLIC ART COMMISSION
COMPREHENSIVE PUBLIC ART PLAN
Compiled by the Public Art Commission
November 2002 -June 2003
Public Art Commission
Terry Plater, Public Art Commission Chair
Leslie Carrere, Commission member
Sally Grubb, Commission member
Barbara Mink, Commission member
Alan Nemcek, Commission member
Susan Blumenthal, Common Council, liaison
JoAnn Cornish, City staff, liaison
Richard Driscoll, Community Arts Partnership, liaison
Gary Ferguson, Ithaca Downtown Partnership, liaison
With
Martha Frommelt, Consultant
Submitted to the City of Ithaca's Mayor and Common Council
November 2003
"The presence of public, outdoor art in any community is
an integral part of a healthy culture that provides significant value
to both residents and visitors. Public art and monuments
promote social gathering and interaction. The art automatically
becomes an identifiable point in the urban environment."
- Matthew Braun, Executive Director
Dewitt Historical Society of Tompkins County
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OVERVIEW
The Public Art Commission (PAC) began work on a comprehensive public art plan in the fall of
2002, following adoption of ordinance#2002-6 by the City of Ithaca's Common Council.
Gathering input from key informants in the community representing visual arts, education,
business, individual artists and civic groups, the commission drafted a long-term plan for public
art. In addition, research into public art best practices was used to develop the processes and
procedures recommended in this plan.
The commission's goal is that the plan for public art will serve several purposes:
• To identify and recognize the city's past efforts and call attention to the city's
existing holdings.
• To establish a vision and serve as a guide to lay the foundation for a
comprehensive program for public art in the city.
• To help educate the public about the value of public art in the community.
• To identify critical issues, procedures, and best practices that need to be agreed
upon in order to establish a successful program.
• To present ideas to formulate funding mechanisms to support a public art program
in the city.
• To enhance economic development in the city, helping to attract businesses,
employees and tourists to the area.
Public art programs, combined with other cultural activities, have helped make communities
interesting and attractive places to live and work. Ithaca's vital artist community and supportive
business climate make a comprehensive public art program the logical next step in community
enhancement. The Public Art Commission believes Ithaca and Tompkins County have both the
artists and audiences to support a public art plan.
The City of Ithaca has already demonstrated appreciation for the place of public art in our
community. Through projects like the Commons rails, the Centennial art collection, and area
murals, the city has supported art as a part of the spectrum of community values. Building on
existing programs like"Art in the Heart" and the Greater Ithaca Art Trail while identifying potential
city public art sites and processes, the Public Art Commission hopes to contribute to the City of
Ithaca's vision of a"model community: a great place to create, dream, live, learn, work and play."
The plan is presented with the understanding that not all facets of the proposed program can be
put in place immediately. Full implementation will require a larger commitment to public art by the
city over the long run. Some pieces of the plan can be implemented in the near future. However,
the Public Art Commission hopes that full realization of this plan will occur as the resources
become available to the city.
"The arts are an integral part of a healthy culture and provide significant value to both the
community and the artists. Public art offers an alternate context in which to contemplate
art;outside of an institution and in our everyday lives. It can function as a daily reminder
of the value and power of creative expression. As artists respond to the physical and
psychological nature of our landscape, their work can connect us to the diversity and
stories of our neighborhoods. The arts are a valuable resource in our community and
need support and exchange. Such a program can encourage discourse, innovation and
experimentation in the arts, energizing the spirit of both artists and audiences."
Carol Spence, Ithaca City School District Fine Arts Chair, High School
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TABLE OF CONTENTS
Page Number
Overview 2
Table of Contents 3
Background: A Brief History of Public Art in Ithaca 4-6
Public Art Values,Vision and Goals 7
Public Art Plan Creation 8
Plan Summary 9
Program Elements 10
Acquisitions Program 11-12
Donations Program 13
On-Loan Program 14
Administration of Public Art Plan 15
Purpose 15
Public Art Commission 15-16
Other Public Art Partners 16
Contracted agencies 16
Acquisition and Donations Advisory Panel 16
Partnership agencies 16
Delineation of Responsibilities within City 17
Proposed Collaboration with City Departments 18
Public Meetings 18
Program Evaluation Goals 18
Partnerships 18
Other Design Services-Artist Collaborations 18
Education/Public Information Program 19
Maintaining the Collection 20-21
Proposed Locations for Public Art 22-23
Budget 24-25
Proposed Objectives 26-27
Public Art Ideas 28-29
Artist Policy 30
Appendices 31
A. City Code-Public Art 32-36
B. City Artwork Directory 37-38
C. Acquisition Steps 39-41
D. Donation Steps 42
E. Appeals Process 43
F. Discussion of Selection Criteria 44-45
G. Funding Methods 46-51
H. Funding Sources 52
I, Public Art Plan Key Informants 53-54
J. VARA Visual Artists Rights Act 55
K. Contracts 56
L. Potential Public Art Partners 57-58
M. Ithaca Downtown Partnership:Plan for Downtown59-60
N. Public Art Resources and Information 61-63
O. Sample Ordinances 64-79
P. Public Art Commission Members 2002-03 80-81
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BACKGROUND: A BRIEF HISTORY OF PUBLIC ART IN ITHACA
The City of Ithaca has long been concerned with the visual appeal of its community. Through
neighborhood initiatives, historic preservation efforts, as well as design and landscape
requirements for new development, the City sets guidelines for spaces and buildings. Over the
past fifteen years, the City has also strived to enhance the visual appeal of the community through
the acquisition of art works and acceptance of donated works. Below is a brief description of the
City's public art efforts to date and some key events that form the backdrop to this plan.
In 1988, the City celebrated its centennial with many activities and programs. Under the
Centennial Commission (the nonprofit group that organized the festivities), an Arts and Culture
Committee was established made up of city residents and chaired by Tom Niederkorn. This
committee had a budget of approximately$30,000 that was used to sponsor a series of arts
events and to purchase a collection of art for the city. The collection was curated by Jean
Deming, former Commons Coordinator, and a committee that included Sally Grubb, Jill Hartz,
Thomas Leavitt and Carleen Skawski. Over a dozen pieces were acquired which are displayed in
corridors and offices of City Hall, although the intent had been to display them in public buildings
throughout the city.
In 1992, a seven-member Advisory Commission on Art and Design for Public Spaces was
established to replace and take over the responsibilities of the Centennial Commission and to add
to the existing collection of art for public places owned by the City.
August 1993 marked the completion of a brick and trolley rail sculpture by artist Gail Scott White
on The Commons near the center pavilion. This project commemorated Ithaca's old trolley car
system and included the names of 30 local geographic features. In 1994, Art Under Foot—a
series of historic markers in The Commons pavement—were laid under the guidance of Jon
Meigs with artwork contributed by Bill Benson. An explanatory plaque was placed on the electrical
box in Bank Alley.
In 1999, the City worked with the Sciencenter to establish the Sagan Planet Walk, dedicated to
astronomer Carl Sagan. This series of concrete planet station markers is a scale model of the
solar system. The markers, reminiscent of Standing Stones,were designed by Erin Caruth and
the plaques on the markers were designed by members of the Sciencenter. Local businesses and
community members sponsored the planet stations, which stretch from the center of The
Commons north to the Sciencenter.
Also, in 1999, the Common Council revised the 1992 ordinance that had established the Advisory
Commission on Art and Design for Public Spaces. The major change to the ordinance was the
addition to the group's duties to establish a plan and mechanisms for implementation of a public
art program to enrich the visual environment of public, private, and semi-private spaces within the
city. The focus was shifted to the goal of developing a plan for public art in order to promote a
broader and more comprehensive approach to the City's endeavor, to encourage more outdoor
art, and to address public art funding issues. The group's name changed to the Public Art and
Design Commission.
In the early nineties, the City had finally reached resolution on reconstructing the"Octopus,"a
confluence of roads that converged near the Cayuga Inlet and the West End of Ithaca. In 1995,
as a part of this construction involving reconfigured bridges, a design contest was held to add
artwork to the bridge abutments. All Tompkins County residents were invited to take part in the
"Invitation to Design"contest. Artist designs for two bridges were received and reviewed by the
Bridge Oversight Committee. The Committee make-up included one artist, Bill Benson; three
architects, John Schroeder, Mario Schack, and Kent Hubbell; two engineers, Bill Gray and Diana
Miller(NYSDOT); and one planner, Jon Meigs. Fifty-four entries were received. Finalists'
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Background continued
designs were displayed for the community to view, and finalists were given a$300 honorarium.
Criteria for the selection included: artistic merit, aesthetic integrity of the bridge as a whole,
success in fostering site specific"sense of place," and adherence to stated practical construction.
Artist John Snyder won the competition for the Route 96 bridge with his entry of four aluminum
sculptural pieces designed to reflect"sentries" marking entry and departure from the bridge, and
Tim Merrick won the competition for the Route 89 bridge with his entry of masonry(Llenroc)
towers with ceramic murals depicting the images of local beauty. After the installation of the art
works in 1999, controversy surrounded the Route 96 bridge sculptures. A resolution to relocate
them was approved by Common Council in 2000. After Snyder filed a lawsuit against the city, the
matter was resolved when Common Council voted to repeal the resolution.
In 2000, the Ithaca Downtown Partnership began the Art in the Heart Program, a predominantly
outdoor exhibit of art, supported by the city and private sponsors. Approximately 30 pieces of
sculpture, ranging from representational figures to abstract forms, cast in stone, steel, bronze and
wood, were located in high traffic pedestrian areas of downtown.
In 2001 and 2002, two works were donated to and accepted by the City. Corrine, Danielle and
Ethan Stern and friends donated an Ethan Stern piece, "Merge," in memory of Robert Stern. Led
by Andrew Sciarabba, Sciarabba Walker and Co. LLP, donated a Christi L. Harrington piece,
"Song of Innocence." Both pieces are located in planters on The Commons.
In 2002, Roberto Bertoia's Cornell University sculpture class worked with the city on designs for
the Neptune bridge, located near the Sciencenter and Neptune Park. These pieces were
designed and installed by the class. Shortly afterward, the pieces were compromised because of
materials and installation issues. New symbols were designed, fabricated and installed.
In 2002, the Common Council revised the 1999 ordinance to clarify the role of the Public Art and
Design Commission, and to establish policies and guidelines regarding acquisitions, donations,
and temporary artwork. The title of the commission was changed to the Public Art Commission,
reflecting the group's focus on public art.
In 2002, NYSEG donated a Cherry Rahn piece called"Businessman in Touch with Nature,"an
enlarged recasting of a piece from the Art In the Heart Program which had been displayed in the
Tompkins County Public Library. Rahn's piece was installed on The Commons in the spring of
2003.*
There have been other program collaborations and temporary art installations as a result of the
City's collaboration with Cornell classes, individual artists and other groups, such as the Ithaca
Festival. Many student mural projects appear on city buildings such as GIAC and the Ithaca
Youth Bureau, as well as in the Home Dairy alley on The Commons.
It should also be noted that other private businesses and not-for-profit groups in the city have
taken an active role in promoting public art and have installed some art pieces over the years.
Most notable are the large Cayuga Lake landscape mural by David Finn on the north wall of the
now-demolished Strand Theater, murals currently on the Domino's Pizza west wall and the Scoop
Ice Cream Shop building on Taughannock Boulevard, and a metal sculpture in front of the Drop-In
Children's Center on First Street. In 2002, Handwork purchased Teresa Howley's work that was
displayed on the exterior of their building on Cayuga and State Street as part of the Art in the
Heart exhibit. The piece remains in the same location today.
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Background continued
Paintings are also consistently displayed in the interior of private buildings throughout the city—for
example, in lobbies of financial institutions and in numerous restaurants. Other not-for-profit
venues for public art in the city include the Tompkins County Human Services Building and the
Tompkins County Public Library, which regularly hosts shows displaying the work of local artists.
While most of these projects have been enthusiastically accepted by the community and
successful in establishing public art, there have been instances when some installations have
been marked by controversy and in a few instances, vandalism. Along with other stated goals, the
intent of this plan is to provide processes and procedures for acquiring art that will help minimize
these conditions.
*A listing of artwork owned by the City is included in the appendix.
City of Ithaca Economic Development Plan 2003 excerpt
"The City of Ithaca recognizes the important role that public art can play in the quality of the
built environment and its relationship to the economic vitality of the city. As such, public art should
be incorporated into development projects in the city. The addition of a variety of art in public
spaces will enrich the everyday experiences of residents and visitors, create a sense of place,
and contribute to the visual vitality of the city's public environment. Studies have shown that
public art can promote enhanced tourism and be important components in economic
development, contributing to a region's livability and quality of life—factors in attracting and
retaining businesses and employees."
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PUBLIC ART VALUES, VISION AND GOALS
Art and cultural events are largely recognized as an essential part of a community's vitality and
health. Even so, public art in the United States has been accompanied by controversy and conflict
since its beginnings. The gift of the Statue of Liberty was met with opposition. In the 1970s,
Richard Serra's Tilted Arc in New York City was the subject of hearings to review the commission
of this work and these discussions eventually led to removal of the artwork. The nature of"public"
and the individualistic, subjective process of an artist creating an original work of art have
sometimes led to conflict. However, even with the potential for disagreement, communities have
recognized the value of engaging in public art activities.
Why engage in public art and cultural activities when there is potential for disagreement or at a
time when public resources are stretched? The Public Art Commission addressed these
questions and many other questions raised by individuals in the community. "Why are you doing
this when we are eliminating jobs?" "Why does the city have to be a leader in this instead of a
facilitator?" "How do you choose art that everyone likes?" "How do you prevent the"bridge"from
happening again?" The Public Art Commission seriously considered these and other questions.
The Public Art Commission believes that the aesthetics of a community count, even in tough
times, and that art as part of our surroundings is a right, not a frill. Aesthetic considerations and
art should, therefore, be incorporated as part of basic city planning.
A secondary benefit of embracing art as a basic city value is economic enhancement and livability.
Public art can be part of an overall strategy to improve our community. A cultural focus is an
important city value for the public good. Attention to this value signals a community's health and
forward thinking.
The commission can't guarantee that public art will not be without future difficulties or controversy.
Art, by its nature, is very subjective. However, the commission offers this plan and its described
processes and criteria to provide for community access and participation in the public art process
and to highlight information about goals. Community input and public relations and information
have been proven factors contributing to the success of public art projects.
The commission, spurred on by Common Council member Susan Blumenthal's vision,
enthusiasm and energy for public art, embarked on this planning process with the view that to not
do so would be a missed opportunity. Ithaca and its surrounding area are rich with artists,
interested audiences and art experts. Ithaca already has the necessary foundation for a
successful public art program.
According to the Community Arts Partnership's(CAP) recently completed Community Cultural
Assessment(July 2003), the arts and the arts community contribute to the quality of life in our
region. This fact was widely recognized by the public and private sectors. In terms of cultural
tourism, there is"an excellent opportunity to make the downtown visit a distinctive one by
'intercepting'visitors with public art as well as art and craft shops." The Tompkins County Quality
of Life 2000 booklet confirms the vital role of the arts in our county's livability. The number of arts
events and arts in education activities numbers in the several thousands in a given year according
to the county booklet. Residents demonstrate their value of the arts through their participation.
The Public Art Commission values and envisions use of the city as a gallery. Our"gallery"would
present a diverse array of permanent and temporary art. Members of the community would have
their favorite art pieces in our gallery but not everyone would like every piece. However, the focus
on our community's visual environment and promoting dialogue about it would contribute to city
life and people's use and enjoyment of public spaces.
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PUBLIC ART PLAN CREATION
From November 2002 to June 2003, the Public Art Commission worked toward the creation of this
plan. Commission members, working with consultant Martha Frommelt, looked at other public art
plans, reviewed literature on public art and connected with other arts agencies concerned with
public art issues. Working from Ithaca's public art ordinances, the commission fleshed out the
specifics of this plan in monthly meetings.
Community members were consulted at various points in the process. In October 2002,
commission members participated in the Ithaca Downtown Partnership's public art forum where
the role of public art in a community was discussed. In December, the Public Art Commission
sponsored an artist meeting to gather input on the plan. In March community groups were
contacted for input on specific sites for public art and program ideas. In May a second artist
meeting was held to review parts of the draft plan. Also, in July, following an initial presentation to
the Planning and Economic Development Committee, a public meeting about the plan was held at
the State of the Art gallery. Meetings with individuals also occurred (Frank Robinson, Johnson
Museum; John Snyder, bridge sculptor; Jeff deCastro, public artist; Jean McPheeters, Chamber of
Commerce; Gary Ferguson and Chamber of Commerce City Affairs Committee, Ithaca Downtown
Partnership board presentation, and developers meetings).
Terry Plater, Commission Chair and Susan Blumenthal, Common Council liaison, attended many
extra meetings to gather input. Richard Driscoll, Community Arts Partnership (CAP) liaison,
hosted meeting space and connected the commission to over 600 artists through the CAP
Iistserv. Gary Ferguson, Ithaca Downtown Partnership liaison, included the commission in IDP's
public art forum. JoAnn Cornish, city staff liaison, and Susan Blumenthal assisted the
Commission and consultant with historical information and current planning issues. All
Commission members- Leslie Carrere, Barbara Mink, Alan Nemcek, Sally Grubb with Terry
Plater-undertook the extra tasks of following through on "homework" in between meetings.
A large number of key informant groups representing cultural, neighborhood, and not-for-profit
organizations were sent letters and asked to reply to these questions:
In your area(or from your organization's vantage point), what three public spaces could be
improved visually? Please list in priority order.
What are the best ways to make these improvements? In what ways would art improve the
city as a place to live and work?
How would your group like to work with us in crafting a city public art program and plan?
What are ways in which your organization would like to interact with a city public art
program and plan?
A list of the groups contacted is contained in the appendix.
All the research, input and outreach led to the creation of this plan, which is intended to be a
foundation for guiding public art activity in the City of Ithaca.
"Art should be used to humanize overly architectural spaces, to soften edges, to bridge between
people and the overwhelming scale of buildings. Art should address the specific site whenever
possible—incorporating visual cues, historical context and social aspects of the space. Art should
make people think, not just serve as visual embellishment. It should do so in a way that is visually
pleasing, which, although quite subjective, can be defined by the incorporation of basic visual
harmonies ... . The art should inform, but not antagonize the general populace. The work should
create dialogue and possibly debate but be open to interpretation so that viewpoints other than
that solely of the artist can be expressed.
" -Rob Licht, sculptor
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PLAN SUMMARY
PUBLIC ART COMMISSION
PUBLIC ART PLAN
This plan will serve as a blueprint for discussion and implementation of the City's acquisition,
installation and maintenance of art in public spaces. In addition, the plan calls for community
involvement in the public art process and dialogue about the City's existing public art collection.
Mission
The plan's mission is to enrich the everyday experience of residents and visitors by engaging
them in art acquisitions, art donations and loaned art displayed in the city's public places. The
primary focus is on outdoor art. The plan also suggests ways to support inclusion of art and artist
ideas in private development projects.
Criteria
Overall criteria for choosing works of art include:
• artistic merit and quality
• safety and durability
• unrestricted public viewing
• installation and maintenance of work
• representation of a variety of styles and tastes in the collection.
In addition to the general criteria, more specific criteria and processes provide a somewhat
different focus for each program element.
Plan Program Elements
Acquisition Program
This program focuses on revealing and creating a sense of place by enhancing city-owned sites
with art works. A percent for art ordinance and other sources are discussed as future
mechanisms to fund this program. Grants and donations would also be used to fund acquisitions.
Donations Program
This program focuses on enhancing and expanding our community identity through placement of
donated art works in city-owned spaces or other public settings. This program will be funded
through donations, grants and partnerships.
Loaned Art Program
This program focuses on representing a broad variety of tastes within the community and
engaging the public in a dialogue about the art with the artists and each other. This dialogue will
take place through programming and public information about the loaned art that is temporarily
displayed. This program will be funded through ongoing partnerships with such groups as Ithaca
Downtown Partnership.
Long-term goal
The long-term goal is to have the public art plan managed by a designated city staff person
working with the Public Art Commission, in partnership with contracted agencies and community
stakeholder groups, all overseen by the Common Council.
The Public Art Commission recognizes the potential economic and social benefits of the City of
Ithaca's Public Art Plan. Through improving the city's visual appeal, promoting celebration of the
arts and civic pride, the Public Art Program will contribute to a sense of community vitality. Part of
the long-term vision is that this kind of program could eventually be established as a county-wide
effort.
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PROGRAM ELEMENTS
The following sections explain the criteria and procedures recommended for the three program
elements of the public art ordinance: acquisitions, donations and loans. The Public Art
Commission recommends use of the criteria and procedures described in each section to
implement public art activity.
ACQUISITION PROGRAM
DONATIONS PROGRAM
ON-LOAN PROGRAM
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ACQUISITION PROGRAM
PURPOSE
The Acquisition Program presents exciting opportunities to highlight key areas of the city with
outstanding outdoor art commissions or acquisitions. A major feature of an acquisition program
is that it has the potential to involve the community in providing input into the design process.
Also, a site usage study, including an analysis of established patterns of use, would be integral
to planning. Focus on community input and site enhancement would help fulfill the program
purpose to reveal and create a sense of place. With attention to the site and its place in the
community, art will serve the role of making public spaces interesting and successful.
PROCESS
Selection Criteria: In addition to the overall program criteria, the acquisition program would
consider these additional, specific points in art selection. The overall and specific criteria are
listed in priority order or order of importance.
Overall-
1. Artistic merit and quality of work
2. Safety and durability of work
3. Unrestricted public viewing of work
4. Administration of work(shipping, installation, maintenance)
5. Balanced inventory in the permanent collection
Specific-
6. Artist's demonstrated ability to respond to the project site and context
7. How work fits into the natural or built environment of the site
8. Compatibility with established patterns of use of the site
9. Established objectives of the acquisition program
10. Use of community input in design
Selection Steps
The steps are based on established practices used by public art programs across the country and
are described later in this plan. The steps focus attention on three important phases of an
acquisition: selecting the site, the artist and the design. An initial list of sites for public art is
contained later in this plan. An advisory panel would be used to assist in the artist and design
selection phase. Opportunities for public comment would be provided. An appeals process would
provide for final feedback before an acquisition is installed. After installation of an artwork, public
information would be provided and community dialogue encouraged.
Funding
Potentially, the Acquisitions Program would focus on large to small commissions of artwork.
A variety of funding methods could be used. However, government public art programs have
often used "percent for art"funding to conduct these commissions where a percentage of capital
improvement costs is used to incorporate public art into the city landscape. This funding method
enables cities to conduct the appropriate community input gathering and site study procedures
that contribute to public art success.
If percent funding is not used, the City of Ithaca could seek grants, though this option usually
allows less flexibility and creative control because the use of grants is often tied to specific grant-
giver goals. Depending on the acquisition/commission project, the city could seek a grant source
with a matching goal. For example, transportation funding has been used to support art
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Acquisition program continued
incorporated into bus stops and train stations. Urban development funds have supported artwork
in revitalization efforts.
Also, individual donations have supported art purchases and cultural programming. As was the
case with the Centennial Commission, donations supported many cultural and other activities,
including the purchase of a city art collection. However, these donations were accepted through
the Centennial Commission, a separate 501c3 organization set up for the singular purpose of
celebrating Ithaca's Centennial. This kind of significant giving would probably work best tied to a
specific purpose (like the Centennial)or a specific site(like the current waterfront trail project).
Another option for funding art is to include a budget line in the general operating budget. This
approach is one proposed by the City of Huntington, NY. Some cities also use a per capita
mechanism to fund a budget line for public art. However, establishing such a budget line and
maintaining it during tight budget times is difficult.
A local option for funding worth exploring is the room tax mechanism. This option might provide
an ongoing revenue stream that could be pooled with other revenue sources to build sufficient
funds for an acquisition or commission.
Any of these funding methods could be directed to a pool for public art. Gathering resources into
a fund for public art enables Ithaca to address prioritized sites and have time to plan and gather
community input.
Overall, a percent for art funding mechanism, a general operating budget line, or a pooled fund for
public art allows for more planning and community collaboration. More information on funding
methods is contained later in the appendix of this report.
"Public art should contribute to city life and people's use and enjoyment of
public places. Public art is most effective when it is incorporated, as a design
strategy, into the planning of public spaces from the outset and acts as a catalyst
for generating activity."
Project for Public Spaces www.pps.org
"In the past, public art often referred to site-dominant sculpture--that
is sculpture conceived primarily as an object and made out of context and
placed or adjusted to fit into a setting. In recent years, site-specific
works have emerged which are often contextual responses to a site--using
physical features, history and symbolism to inform their conceptualization,
form and experience."
Gail Scott White, artist, December 1992
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DONATIONS PROGRAM
Purpose
The Donations Program would enhance our community identity by celebrating the donors and
artists who contribute to the visual vitality of our public environment through donating works of art.
Process
Donations of artwork will be considered based on the selection criteria below. While the Public Art
Commission welcomes and values donors' interest in public art, it may be that not all donations
can be accepted.
Selection Criteria: In addition to the overall program criteria,the donations program would
consider these additional points in art selection. The overall and specific criteria are listed in
priority order or order of importance.
Overall-
1. Artistic merit and quality of work
2. Safety and durability of work
3. Unrestricted public viewing of work
4. Administration of work(shipping, installation, maintenance)
5. Balanced inventory in the permanent collection
Specific-
6. Physical condition of work
7. History and provenance of work
8. Suitable location for work
9. Compatibility with the City's donations program objectives and education plan
10. Contribution to existing public art collection.
Selection Steps:
The selection steps are based on practices used by public art programs across the country and
are described later in the plan. The steps focus a review of the artwork for donation, suitable sites
for the artwork, required maintenance and sharing information with the public about the donation.
Funding:
Funding is dependent on donors, partnerships, individual solicitations and grant writing. A
maintenance fund or endowment could be created from percent for art funds or some other
funding mechanism.
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ON-LOAN PROGRAM
Purpose
This on-loan program enables the City to engage in creative partnerships that foster public
dialogue about art and artists.
Process
Selection Criteria: In addition to the overall program criteria, the on-loan program would
consider these additional points in setting up partnerships. Overall and specific selection criteria
are listed in priority order or order of importance.
Overall-
1. Artistic merit and quality of work
2. Safety and durability of work
3. Unrestricted public viewing of work
4. Administration of work (shipping, installation, maintenance)
5. Balanced inventory in the permanent collection
Specific-
6. Public information and programming opportunities
Selection Steps: The selection process for the on-loan program would include the following
steps.
1. Current year program objectives are identified by the PAC.
2. Appropriate partners for objectives are identified by the PAC.
3. City staff, PAC and partner group create timeline, budget and assign tasks.
4. Program implementation begins.
5. Post program evaluation conducted with partner group.
Funding:
Various grants, in-kind donations, and donations would fund programming. See appendix for
resource suggestions.
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ADMINISTRATION OF THE PUBLIC ART PLAN
Purpose
This section contains a broad blueprint for management of overall program policy as well as
implementation details. The City would implement its Public Art Plan through the combined
efforts of volunteer Public Art Commission members, review panelists, paid city staff and artists,
contracted agencies or consultants, and in-kind donations of partner agency staff time.
Until 1997, the Commons Coordinator position also included coordinating the city's arts and
culture activities, providing staff support and leadership for the arts and collaboration with area
arts organizations. Upon formation of the Ithaca Downtown Partnership and the coordinator's
retirement, some of this office's downtown duties were transferred to the IDP and formal city
staffing for the arts was lost.
To fully implement the plan, committed staff time is essential over the long run. Small projects
and larger ones will require similar attention to implementation details. A city staff liaison to the
Public Art Commission or a contracted consultant/agency would be needed to oversee acquisition
selection steps as well as manage maintenance and public information pieces of this plan.
PUBLIC ART COMMISSION (PAC)
The PAC advises the Common Council in exercising its authority to make decisions concerning
the selection, acquisition and display of public art. The PAC's duties include the following:
From the ordinance:
*creation of a public art plan for approval by the Common Council
*advise the Common Council about the selection and siting of acquisitions and donations
*review and advise Common Council on proposals for the exhibition and display of public
art in city spaces, building, facilities and infrastructure
*review development proposals for decorative elements in city's public spaces
*maintain the Centennial Art Commission collection
*submit annual report to Common Council and Board of Public Works
*report regularly to Mayor
*submit minutes and membership information in accordance with city guidelines
Proposed additional duty:
*plan annual information/education presentation regarding the city's public art collection
Membership-The Commission consists of seven voting members, five of whom are city
residents. At least four members shall be professionals in the field of design, visual arts,
architecture or landscape architecture. Terms are for three years. Membership shall strive to
represent a diverse cross section of the visual arts field and the general community.
Commission members do not receive compensation for their services as members, but may be
reimbursed for reasonable and necessary expenses incurred in the performance of their duties
within any available appropriations.
Nonvoting members of the commission shall include a liaison from the Common Council, a
member of the Department of Planning and Development, a member of the Department of Public
Works, and the Directors of the Community Arts Partnership and the Ithaca Downtown
Partnership. The City Staff liaison serves as staff for the commission and as a nonvoting
member.
Citizens interested in becoming a commission member may submit a letter of interest to the PAC
or the Mayor.
15
Administration continued
Meetings-A quorum for transaction of business consists of four voting members. Meetings shall
be held at least every other month. Special meetings may be called by the Chair and City staff
liaison to consider acquisition, donation, loan or site selection questions. Meetings are open to the
public.
Conflict of Interest- PAC members will be notified of the City's conflict of interest policy prior to
each deliberation of an acquisition, donation and loan. PAC members will then declare conflicts in
writing. Any conflicts or appearance of conflicts would require a PAC member to recuse
themselves from the deliberations.
Grounds for conflict include: direct, personal familial relationship to/with artist, art work or site;
commission member stands to benefit financially from art, art work or site placement; commission
member's family member(spouse, domestic partner and dependent child)stand to gain or benefit
from a particular project; or commission members feel there would be appearance of personal or
financial benefit to them by participation in the deliberations. Conflict of interest guidelines would
apply to all panels and committees involved in deliberations for sites, artist selection and artwork
selection.
OTHER PUBLIC ART PARTNERS
Contracted Agency
To conduct acquisitions, additional staffing may be needed to manage the selection, design and
installation process. Consultation on maintenance and preservation may be needed.
Programming assistance with community and education outreach may also be needed to fulfill art
plan goals. In these circumstances, the City would contract with a qualified agency or consultant
to carry out work.
Acquistions and Donation Advisory Panel
This is a panel of experts gathered to review artists and artist works or designs for acquisition or
donations. Panelists would base decisions on technical, financial and aesthetic criteria
established by the PAC. In addition, written conflict of interest forms would be on file for each
panelist. Each panel member would have one vote. If consensus could not be reached by the
panel, then a majority vote would carry the decision. The panel would have the option of making
no recommendation if there was no design judged to be of sufficient merit.
Partnership Agencies
These are agencies that collaborate with the City and the PAC on public art goals by managing
programs through contracts or in-kind contributions. Program partnerships will be reviewed
annually with the PAC and partner organization. Examples of partner agencies include non-profit
organizations such as the Community Arts Partnership, Ithaca Downtown Partnership, and the
Community School of Music and Art and others. Potential partnership agency information is
included in the appendices.
16
DELINEATION OF RESPONSIBILITIES WITHIN CITY DEPARTMENTS
The public art plan, objectives, sites, overall budgets and project budgets will be undertaken and
implemented by the Public Art Commission and city staff in partnership with city departments and
the community. Some expertise, feedback, and staff assistance from other city departments will
be needed to successfully implement public art acquisitions, donations and loan programs.
Common Council—
Final approval of acquisitions, commissions, donations.
Reviews the PAC annual report.
Approves the PAC membership appointments made by the mayor.
Mayor-
The PAC shall recommend to the Mayor, for his/her appointment, a Chair and Vice Chair.
Brings nominations for PAC membership to Common Council.
Board of Public Works—
Receives the PAC annual report.
City Staff Liaison to the PAC—(This is a percentage of a Planning Department position, an
independent position or a contracted agency.) Manages overall public art plan and staffs the PAC.
Coordinates"citizen artist" program as described in maintenance section of this plan. Acts as
liaison to site architects, builders, etc.
City Department Expertise—
Engineers, planners, neighborhood, public works, etc—These staff members assist in various
stages of site review, artwork selection and design for checking on issues of maintenance,
location, safety and durability.
City Attorney-
Prepares and reviews all public art contracts.
City Department Partners—
Department of Public Works maintains area around art works with guidance from city staff liaison,
participates in annual joint meeting with the PAC to review goals.
Planning Department—
Informs and alerts the PAC to upcoming projects, neighborhood issues/needs.
Information and Technology—
Adds artworks to web site.
Controller -
Manages funding, oversees percent for art funds.
Advisory Groups—
The PAC communicates with these groups as needed regarding the public art plan.
Commons Advisory Board, Parks Commission, Shade Tree Advisory Committee, Strategic
Tourism Planning Board, Chamber of Commerce, Ithaca Downtown Partnership, Ithaca Urban
Renewal Agency, Community Arts Partnership, Historic Ithaca, Cornell University, Ithaca College,
Galleries and others.
17
PROPOSED COLLABORATION WITH CITY DEPARTMENTS
In addition to the collaboration by city departments listed previously, further input is proposed. The
following steps are recommended.
• The PAC reviews the list of the city's capital projects for the year and develops lists of
capital improvement projects most appropriate for public art inclusion. The PAC will
consider high public visibility, accessibility and appropriateness of sites, as well as financial
resources to implement the public art projects.
• The PAC reviews plan objectives with the Mayor and Common Council. Acquisitions, etc.
follow.
PUBLIC MEETINGS
The Public Art Commission will hold periodic public meetings in order to gather input on public art
goals, to inform the community about public art and activities, and get input on acquisitions,
donations and loaned art.
All meetings of the Public Art Commission are open to the public.
PROGRAM EVALUATION GOALS
Annual Review: As part of the annual report, the city staff liaison and the PAC will evaluate
program activities and objectives, including maintenance issues.
Periodic Review: Every three years, the PAC will review and update plan objectives.
Annual Report: The PAC will submit an annual report to the Mayor, Common Council and the
Board of Public Works, including a description of the year's objectives and outcomes, voting
action, membership, and any conflicts of interest and appeals.
PARTNERSHIPS
The Public Art Commission wishes to foster partnerships to achieve its public art goals and the
community-oriented public art goals of other agencies. The Commission may on occasion work
with other groups on a specified project. To ensure a productive partnership, the following
guidelines will be considered.
• Program and budget responsibilities for each group will be defined in writing before the
start of a project or program.
• Program timeline for each group will be agreed upon before the start of the program.
• At the conclusion, partners will conduct an evaluation based on program objectives.
OTHER DESIGN SERVICES -ARTIST COLLABORATIONS
Beyond acquisitions, donations and loans, the Public Art Commission seeks to involve artists in a
variety of ways to enhance our community's visual environment. Artists could be involved in
design teams for planning buildings and other sites in our community. Engaging building designs
will make our community an interesting one. The Public Art Commission also encourages private
developers to incorporate public art into their development plans. The PAC can assist developers
and others through access to its review and selection procedures, connection to the Community
Arts Partnership slide registry and other avenues of assistance.
Site-specific artwork-Artists may be selected to design artwork for private development projects.
Individual works-Artists may be commissioned to create works of art, or existing works of art
may be purchased for private development projects.
18
EDUCATION/PUBLIC INFORMATION PROGRAM
Purpose
The Public Art Commission recognizes the importance of community outreach and public
information to the success of public art. Art sometimes challenges the public. Therefore, a
context for public art should be part of the effort to build understanding and appreciation. The
commission should focus on outreach, or community involvement in the acquisition selection
process, and on community access to regular information such as through the city's web site.
The Public Art Commission should conduct education and outreach to inform the public about
new artworks, existing works, public art plans and processes. This could include at minimum an
annual press conference or forum highlighting the city's collection and goals or an annual
Common Council presentation, or a printed brochure explaining the program.
With each new acquisition, the PAC should seek an artist's statement about the work to share
with the public. Information about each artwork is an important part of building public
understanding and contributing to a public dialogue. Public dialogue will lead to community
connections and understanding.
The city's web site can be a useful tool in public information as well as connecting to cultural
tourism efforts. A gallery of images of the city public art collection with location information could
be included at the City's web site with links to ithacaevents.com and other tourism web sites.
For historical purposes and community access to the full collection's history, each acquisition and
donation should be added to a city directory including the title of work, artist statement,written
description (medium, date created, dimensions, etc.), artist resume and cost.
The PAC should explore educational partnerships to further goals of the public art plan, for
example, connection to the Strategic Tourism Planning Board, Greater Ithaca Art Trail, shared
artist and lecture programming with educational institutions, and outreach to schools.
In addition, educational opportunities for staff, Common Council, and/or the PAC should be
considered in order to understand trends in the public art field and to connect to technical
assistance organizations and information (for example, subscription to Public Art Review, attend
related conferences).
Finally, public information is an important aspect in reducing vandalism. Ithaca Downtown
Partnership's experience with Art in the Heart is that the first two weeks of a new program are the
most vulnerable time. Through education and appropriate placement of the artwork, vandalism
can be minimized.
"Ideally, a public art education program begins with representation of the public educating the
selection committee about this community, and participating in the design concept in ways that
are appropriate to the specific project. But the sponsoring organization has a responsibility to
continue to inform the public. .. The artist may"explain"and discuss his or her work with
building inhabitants, community groups, politicians, and the press. The finished work may be
amplified by information about the artist, a statement of artistic intent, critical comments, and
pertinent technical information
"place of art education.....dual function... to ensure that the commissioned art is informed by the
community input and to provide access to a general audience, mitigating the distinction that
separate the public from those who know and those who do not." The Tilted Arc Controversy
by Harriet Senie p.87, 88, U of MN Press 2001
19
MAINTAINING THE COLLECTION
Maintenance of public artwork is essential to the success of the city's program. Therefore,
maintenance policies and procedures need to be in place at the outset. The City's current policy
regarding maintenance is that insurance for all art works to cover damages, vandalism, theft and
fire is covered by the City's insurance policy. Damage from natural disasters and normal"wear
and tear" are excluded from coverage by the City. Therefore, repairs and maintenance for normal
"wear and tear"of artworks acquired by the City and put on public display shall be provided by the
City at its discretion. The City has stated it will make a good faith effort to maintain artworks,
pedestals and plaques in good condition. It is recommended that the City contract periodically
with an art conservationist to review the collection and assess maintenance needs, and
recommend a maintenance plan.
When a work is installed, the artist should provide the City with detailed drawings of the
installation of the artwork and with detailed instructions regarding routine and any required
extraordinary maintenance of the artwork. The artist should also be asked to guarantee and
maintain the artwork against all defects of material and workmanship for a period of not less than
one year following installation.
It is recommended that regular maintenance around the artwork be conducted by the Department
of Public Works (snow removal, leaf removal). City staff liaison should communicate any special
needs to the DPW.
Like the City's"citizen pruner" program, the City could set up a"citizen artist" program under the
auspices of the city staff liaison. As part of this program, city residents may"adopt"selected
works and provide additional basic maintenance and oversight(eg. alerting City staff to problems,
garbage removal, clean up from elements, etc.).
•
The Public Art Commission should work with the City staff liaison to request an annual
maintenance needs assessment. The PAC will recommend maintenance standards and should
make suggestions for when works should be de-accessioned. Records of inspections and
maintenance should be kept on file. The public art ordinance does not require artist agreement
for repairs. However, the Public Art Commission recommends that any repairs and restorations
made to the artwork within the lifetime of the artist should have mutual agreement of the City and
artist, and to the extent practical, the artist should be given the opportunity to do the repairs at a
reasonable fee. Emergency repairs required to ensure public safety would be exempt.
De-accession
De-accessioning an artwork should be an action seldom used and should not be used due to
fluctuations of taste. After due consideration, the PAC may recommend and the Common Council
may authorize de-accession/removal of a work. Artists should be notified of the de-accession
criteria at the time of the contract and should be notified before de-accessioning, if possible.
The public art ordinance in city code does not limit reasons for removal of artwork. However, the
following situations are some examples where the Public Art Commission believes that
relocation/removal could take place:
• The artwork in its present state is a safety hazard to the public or environment.
• Restoration of the work is not feasible, or the expense of such restoration would be
disproportionate to the value of the work.
• The architectural support system is to be destroyed and relocation is not feasible.
• Over an extended period of years, the consensus of informed artistic judgment may
change regarding a specific work. In such a case, the work may be removed and put in
storage for a period of time.
• The works acts as an encumbrance to the use of public property.
20
Maintenance program continued
• The public use of the site has changed or is proposed to change in a manner that is no
longer compatible with the artwork.
• Works not designed for a specific location (not site specific) may be moved if a more
suitable location is found. See relocation and removal conditions listed below.
• The artwork is found to be fraudulent or not authentic.
• The artwork possesses substantial demonstrated faults in design or workmanship.
• A written request for de-accessioning has been received from the artist.
Relocation
In the current contract that an artist signs, the City retains the right to move or remove an artwork.
To do so, a waiver of the Visual Arts Rights Act of 1990 (VARA)and Section 14.3 of the New York
State Cultural Affairs Law is included in the contract, only as to the extent such rights would
preclude relocation or removal of the artwork. The artist retains the right to withdraw his/her name
and then the artwork would not be represented as the artist's work. If the City elects to move the
artwork to another site, the Public Art Commission recommends that the artist be given written
notice within a reasonable period. Examples of possible conditions for relocation are the same as
the de-accession conditions.
Storage/Removal
If de-accessioning has to occur, a plan for the work would also be formulated. Procedures for
contacting the artist as described in the artist contract should be followed. Recommendations for
this process include:
• The City may decide to retain ownership of the artwork but shall remove it from the
collection, thus eliminating the need to maintain and preserve the work.
• The City may donate the work to an appropriate non-profit organization in the community.
• The City may decide to recoup the value of the work through a sale, such as a public
auction.
• Work deemed to be of little inherent monetary value due to damage or defects may be
declared surplus and disposed of according to the City's policy.
• The artist will be given written notification of the City's disposal plan and the city will provide
the artist with an opportunity to reclaim the artwork.
Funding
A maintenance fund could be set up through the percent for art fund or other budget categories.
Donations or loaned works shall be repaired through funds from the donor. Funds to support
installation and maintenance would be received from donations at time of the donation.
21
PROPOSED LOCATIONS FOR PUBLIC ART
The Public Art Commission believes that a vital public environment begins with well-designed
buildings and open spaces. Public art cannot change bad design. However, public art can
enhance and bring focus to a space.
The Public Art Commission, in consultation with various community groups, has identified sites as
potential areas for future public art commissions and donations. Criteria for prioritizing sites will
include high impact in terms of viewers and high need in terms of visual enhancement.
Additional sites for public art can be added by contacting the Public Art Commission. The PAC
will continue to seek input from appropriate city agencies and neighborhood organizations.
Sites for public projects must be public property, situated so that the art is visible and accessible
to all members of the community with priority on outdoor art. The artwork must not seriously
disrupt the flow of pedestrian or vehicular traffic or adversely alter the environmental conditions of
the selected site. Structural and maintenance issues of the prospective artwork will be considered
when selecting a site. Works should be structurally sound to ensure the safety of the community
and longevity of the work.
Potential areas for public art:
The areas listed below are sites mentioned at outreach meetings and discussions by more than
one group or individual. The sites are not listed in any priority order. Prioritization of sites will
depend on funding strategies.
* Seneca Garage and Cayuga Green Garage
* Gateway project creek walk
* Cayuga Green creek walk
* Route 13 entrances on south and north sides
* Route 13 corridor
* Defined Gateways of Ithaca or city entrances
* Cayuga Waterfront Trail, near Cass Park and elsewhere
* Downtown
* Commons -State Street- Rte 366 (connected plan)corridor
* Parks—explore all parks, especially Cass and Stewart
* All trails connection (look at existing trails-Greater Ithaca Art Trail Collaboration,
Planet Walk, Discovery Trail, etc.)
* All new bus shelters or renovated shelters and stops
* Inlet island
* Tuning fork island at bottom of State Street
* Use artist designed functional pieces in areas of city(eg. artist designed benches
on Commons)
* All buildings, well designed with enhanced facades
Other possible areas for public art:
These areas were mentioned as other possible sites for public art.
* Dewitt Park
* Route 13 fence near Sciencenter
* Cass Park near new recreation trail, visible to Rte 89 and watercrafts between the
ice rink and Inlet boating
* Library, inside and in front on Green Street side
* State Street/Rte 79 light poles for banners from Giles Street to Commons
* Route 13 Pedestrian bridge on south end
22
Locations continued
* Collegetown
* Collegetown triangle near Schwartz Center
* Neighborhoods and neighborhood centers
* Southside Community Center and GIAC
* Six Mile Creek
* Central West End
* Washington Park
* University Avenue cemetery—maintenance needed
* Area businesses-exhibits
* Collegetown—west of parking garage (green space below Cascadilla Hall)
* Mitchell—College Avenue Intersection
* Rte 79 at Mitchell Street
* Primary and Secondary Commons sites already approved for the Art in the Heart
* Murals in Commons"Home Dairy" alley
* Youth Bureau Building
* Purity Triangle
* Northside Neighborhood plan ideas(NYSEG chain link fence, Franklin Street, First
Street, bus shelters, Third Street pedestrian bridge, replaced Cascadilla Creek
Bridge, cover/improve DPW storage yard, input on P&C and Third Street cooridor,
Use of murals for youth activities
* Unusual/unexpected spaces (hole in bricks on Commons)
City gateways: The Planning Department has already identified the various gateways listed
below. These spaces could be considered for public art sites.
* Northern Gateway—Visitor's Center, Youth Bureau, Stewart Park Area
* Southern Gateway—Aurora Street bridge, Plaza area northwest of bridge near
Aurora Street bus shelter
* Eastern Gateway—tuning fork at base of State Street
* Western Gateway—also referred to as"Pete's Triangle"
* Inlet Island Gateways—Look out point and Inlet Island Promenade
* Other Gateways—Ithaca Falls"Park"
- Purity Triangle
One idea mentioned mentioned in outreach
"....The question should be: which spaces are best suited to accommodate public art. I would
begin by setting specific criteria:
Large outdoor spaces with visual corridors linking to pedestrian and vehicular routes and a
minimum footprint of 400 square feet. Sites should accommodate sculpture that is at a minimum
human scale, ideally monumental. Sites should be without visual clutter within the footprint area.
i.e.:no light poles, trash cans, etc. that block the view of the work or compete with it visually within
this zone.... Exceptions would be site specific work placed by the artist that takes into
consideration existing elements.
Sites should be dispersed yet linked by corridors of public travel or at gateway points to the
downtown. Sites should not be associated solely with commercial areas(unless financed by
those businesses) but should primarily serve public areas used for recreation, social gathering,
public transport or public education. Sites should have fairly high traffic volume to warrant
expenditure, but increasing the scale of the work and field of visual access will also increase the
volume of viewer interactions.
Sites should be permanently free from conflict of use. Example of conflicted areas are the
Commons with it's multiple festivals, areas near sometimes full parking lots, areas that serve as
winter snow banks, areas that contain extensive utilities underground, favored skateboard areas,
etc....." -Rob Licht, sculptor
23
BUDGET
Listed in this section are many of the expense categories to consider for full implementation of this
public art plan. If a percent for art funding mechanism is used, there would be separate budgets
for each project, excluding staff time dedicated to overseeing the plan.
General Categories
City staff liaison
Planning Department support
Department of Public Works assistance
Public Art Commission support
Supplies
Copying
Postage
In kind Staff support
City Attorney
Information and Technology
In kind Staff support from Partner agencies
Future Budget Considerations*
For acquisition/donations
Acquisitions-
Selection costs
Call for proposals
Community input process
Selection panel costs
Artist design phase costs
Site usage study
Installation
Contingency costs
Signage
Insurance
Public Information
Maintenance costs/endowment
In Kind Support
City staff review of design
Site review
Contract review
Future Budget Considerations*
For on-loan program:
Program start up costs
Publicity
Education programming
Installation
Insurance
Maintenance
Shipping
In kind Support
Maintenance
City staff review of design
Site review
Contract review
24
Budget notes continued
*General budget allocation guidelines have been established in public art programs across the
country. For a commissioned project, the suggested recommendation is to establish an
administrative budget of 15—20% of project funds and an artwork budget of 80—85%of project
funds. Costs usually considered under each area are listed below.
Administrative funds—staffing, overhead, public relations and information, community
outreach, art dedication and maintenance
Artwork funds—
Design phase to include the design fee, research, travel, engineering and construction
documents and proposal fee.
Fabrication/Installation to include artist travel, materials, studio overhead, subcontractors,
fabricators, installers, site preparation, insurance and bonding.
A contingency of 10% is recommended within the fabrication/installation costs.
25
PROPOSED PLAN OBJECTIVES
2003
Goal: To build a foundation for the implementation of the public art plan
Objectives Who
1. Public art plan draft adopted by Common Council Commission/Consultant
2. Existing city collection is catalogued (almost completed) Planning Department
3. Slides of existing collection are taken and added to catalog Planning Department
4. Subscribe to Public Art Review(completed) Commission
2004
Goal: To continue to build a foundation for the implementation of the public art plan
Objectives Who
1. Staff liaison identified* Council/Planning Dept.
/Commission
2. Conduct maintenance assessment for existing collection Commission/staff liaison
3. Add existing city collection to web site in a gallery of Staff liaison/
images with location information Info and Tech Dept
4. Update artist slide registry to include public artists Staff liaison/
with background files Commission/CAP
5. Review public art project possibilities Commission/
and send letters to departments/developers Staff liaison
6. Examine existing siting of city's public art collection Commission/
to discuss ideal siting of the artwork. Make Staff liaison/DPW
recommendations for any improvements.
7. Explore transfer of Art in the Heart Project from IDP Commission/
to the city as proposed by IDP IDP/Staff liaison
2005
Goal: To set up framework for first acquisition and continue building the foundation
for implementation of the public art plan
Objectives Who
1. Funding method mechanism drafted, reviewed and adopted Commission/staff liaison
2. Create advisory panel file by collecting names Staff liaison/
and background information to be used for potential Commission
advisory jury(Tompkins County and outside of the county)
3. To plan rotating exhibit of existing public art collection Staff liaison
including city chambers
2006
Goal: To implement a public art education program and consider partnership ideas
Objectives Who
1. Explore partnership programming ideas (for example, Staff liaison/
IDP partnership to display art in businesses, or Commission/
collaboration with Light in Winter Festival or Art Trail or Partners
Discovery Trail, etc.) See ideas lists for possibilities.
2. Host public information event and/or brochure about Commission/
city public art collection Partners
3. Seek outside funding for artist presentation Staff liaison
2007
Goal: To implement first acquisition
Objectives Who
1. Prepare for first commission by defining project parameters Staff liaison/
26
Plan objectives continued
Commission
2. Finalize site selection and artist selection details for project Staff liaison/
Commission
3. First acquisition installed Staff liaison/DPW/artist
4. Public information and education about acquisition Staff liaison/artist
conducted Commission
2008
Goal: Review public art plan progress
Obiective Who
1. Review public art plan, update, and evaluate Commission
2. Undertake public art activity as opportunities are presented Commission/Staff
liaison
3. Define objectives to attract art donations Commission/Staff
liaison
4. Define objectives to expand loaned art opportunities Commission/Staff
liaison/Partners
*Staff liaison is defined as a city staff person with time designated to conduct public art plan
objectives.
27
PUBLIC ART IDEAS
In discussions with commission members and various community groups, many ideas for public
art activities were gathered. These ideas will be explored, prioritized and added to as resources
are identified.
Ideas List:
Use of commission process to commission functional pieces (lamps, benches, etc.)
Contemporary art museum downtown
Saltonstall travelling exhibit of past artists
City as gallery—use businesses as galleries on an ongoing basis
Look at connection to history and include those notions in art projects
Improve plan for presenting works in public buildings
Create an educational partnership with schools, ask students to view art and give feedback and
talk with artists, use advanced student artists to contribute works to an appropriate public venue
Make sure our buildings are architecturally interesting, too
Public art should serve as a focal point for neighborhoods, celebrating the artistic, historic and
cultural heritage of our community
Make consideration of what spaces can accommodate public art—no visual clutter, enough space
for human scale or monumental scale works
Mural arts project, both temporary and permanent
Explore alternative art venues such as sidewalk or fountain mosaics
Consider revised Ithaca Downtown Partnership 2000-2010 Downtown Development Strategy
when it is developed
Support sculpture art program in downtown, permanent and public
Look at supporting art in private spaces, eg. doctor's offices
Improve siting for art with lighting, placement, items in area surrounding it
Work with public, kids
Cultural Foundation—explore one
Invite speakers from other communities that have successful public art models
Share examples, pictures of great public art
Connect with Discovery Trail and other trails
Expand to county, build partnerships throughout county
Explore cultural zone program of NY State
28
Public art ideas continued
Poetry, art on buses
Use artist to design bus shelters and connect designs of shelters
Have fund for community initiated public art projects
Art teacher of year—celebrate connection to education
Allied artist award-apprenticeship experience in order to make transition to field of public art
Focus on artist collaborations, eg. barn projects
More temporary installations-do one with group of artists
-fund one connected with existing community celebrations, such as
Ithaca Festival
Have an artist"seed"funding-mini grants for artists to develop a bank of ideas
Do art windows project-artists do installations in windows or display video works there
Do a sculpture walk or art walk of temporary works
Include sound and video installations in your public art program
Revitalize Design Review Board (use artists, architects, landscape, planners)
Look at including artists in community projects
Improve existing art- look at art in context, use lighting
Look at unusual sites-hole in bricks on Commons, example
Some sites-downtown, route 13, malls
Bus stop program
Public relations as key
Competitions would be a good thing
A commission for the gateways of Ithaca
Look at connection to Waterfront Trail
Foster partnerships with existing programs—Art in Heart, Greater Ithaca Art Trail, Ithaca Festival,
Gallery Night, etc.
Connect to tourism efforts
Expand education efforts
Create a printed brochure about the program and explain and celebrate it(look at Syracuse U's)
Go to communities with successful public art programs and see what is possible
Have public art that kids/people can touch and/or play around
29
CITY OF ITHACA ARTIST POLICY
The Public Art Commission wants to create a climate where artists thrive and receive the
economic benefits of and recognition for their work. For these reasons, artists participating in the
public art commissions and acquisitions will retain control over the artistic integrity of their artwork
and receive equitable compensation for their work.
The Public Art Commission strives to ensure the following rights to artists, which would be
included in commission contracts.
The following is adapted from policy in Huntington, NY and is proposed for Ithaca.
• Right to retain work in situ (for site specific acquisitions): The city requires absolute discretion
regarding relocation and removal. However, the Public Art Commission proposes that the intent
for site-specific commissions is that artwork would not be moved or removed unless the site is
destroyed, the artwork is damaged beyond reasonable repair or restoration, the use of the space
changes significantly, public safety becomes an issue, and other situations listed under the de-
accession/relocation section of this plan become pertinent. Site-specific artwork refers to art that
is integral to the total design of a site/place/building and has been integrated as part of a multi-
disciplinary design team approach, often including the community. Herein, the artist works with
the project team for the design or renovation of a project site. Temporary removal may be done to
complete repairs to the artwork or the site. Overall, though, under the public art guidelines
adopted by Common Council, acquisition and donations of public art are to be free of restrictions
unless the Council agrees specifically to named conditions.
• Right to disclaim authorship: The City will not intentionally alter, modify, or destroy an artwork
unless conditions of the de-accessioning/relocation procedures apply. However, if an artwork is
significantly altered, modified or destroyed, the artist has the right to disclaim authorship of the
artwork. Should an artist choose to exercise this right, the City shall review plaques or labels after
receiving written notification by the artist.
• Right to maintain work: The City commits to periodic inspection of the artworks in the city
collection and to making reasonable efforts to ensure that each artwork is maintained in
accordance with the maintenance program guidelines.
• Right to consultation about repairs: The current public art ordinance states that the
maintenance and alteration of an artwork would be done in consultation with the artist whenever
feasible. The Commission recommends making a reasonable effort to notify the artist before
undertaking repairs and restorations to the artwork and, where practical, consulting with the artist
about the repairs or restorations at a reasonable fee. The City reserves the right to make minor
and/or emergency repairs without prior notification.
• Retention of copyright: The artist shall retain all copyrights associated with artworks acquired
by the City. The City agrees that it will not copy or reproduce artwork without written permission of
artist. However, the City will secure in its artist contracts the right to make and reproduce
photographs or other two dimensional representations of the artwork for public, non-commercial
uses, such as catalogues, brochures, web site directory, and other educational or public relations
purposes. Non-commercial purpose refers to information shared for the general welfare or benefit
of the community. Any commercial uses, such as images on souvenirs or other items intended
for sale, shall require prior written permission by artist. All printed material and reproductions will
contain a credit to the artist listing the title of the artwork and the artist name.
30
APPENDICES
A. City Code — Public Art
B. City Artwork Directory
C. Acquisitions Steps
D. Donations Steps
E. Appeals Process
F. Discussion of Selection Criteria
G. Funding Methods
H. Funding Sources
I. Public Art Plan Key Informants
J. VARA Visual Artists Rights Act
K. Contracts
L. Potential Public Art Partners
M. Ithaca Downtown Partnership: Plan for
Downtown
N. Public Art Resources and Information
O. Sample Ordinances
P. Public Art Commission Members 2002-03
31
APPENDIX A
CITY CODE - PUBLIC ART
Chapter 5, PUBLIC ART COMMISSION
IHISTORY: Adopted by the Common Council of the City of Ithaca 5-5-1999 by Ord. No. 99-4;
amended in its entirety 11-6-2002 by Ord. No. 2002-6. Subsequent amendments noted where
applicable.]
§ 5-1. Creation.
The Common Council of the City of Ithaca hereby creates a commission that shall be known as
the" Public Art Commission," hereinafter referred to as"the Commission."The Commission is
formed to advise Common Council, in exercising its authority pursuant to§C-35(General
legislative powers), to make decisions concerning the selection, acquisition, and display of public
art.
§5-2. Purpose and duties.
The purposes and duties of the Commission shall be as follows:
A. To create a public art plan for Common Council to adopt and to advise the Common Council
about mechanisms for implementation of a public art program to enrich the visual and aesthetic
environment of public, private and semipublic spaces within the City of Ithaca.
B. To initiate and develop proposals, to receive recommendations and to solicit contributions for
additions to the existing collection of art in public places.
C. To develop criteria and guidelines for approval by Common Council for the selection,
acquisition, exhibition and display of new works of art, either temporary(on loan)or permanent.
The criteria and guidelines shall relate to, but are not limited to, economic feasibility, maintenance,
security and aesthetics.Acquisition of art includes either the purchase of art by the City or the
acceptance of a donation of art to the City.
D. To advise the Common Council about the selection of acquisitions and donations of public art
that meet the selection criteria and guidelines and to determine whether to accept unsolicited
donations of art and where they may be located.
E. To review and advise Common Council on all proposals for the exhibition and display of public
art in the City's public spaces, in public buildings, and public facilities and infrastructure.
F. Appropriate locations and elements of the environment that the Commission will consider or
promote for the placement of public art may include but will not be limited to:
(1) Outdoor public spaces.
(2) Publicly owned buildings, interior and exterior.
(3) Privately owned outdoor public space, with the agreement of the owner.
(4) Privately owned semipublic interior spaces, with the agreement of the owner.
(5) Public works projects, e.g., parking facilities, bridge improvements and lighting, acting in
cooperation with other City departments.
G. To review proposals for decorative elements in the City's public spaces, e.g. banners and
fountains. The Commission shall provide advice on the location and aesthetics of these items.
H. To replace and take over the responsibilities of the Centennial Arts Commission and as such
to oversee the maintenance of the Centennial art collection; find appropriate public places for the
display of this collection; and, where appropriate, see that the works are appropriately displayed in
places with adequate security and see that the works are marked with plaques containing the title
of the work, the artist and,
32
City code continued appendix A
where appropriate, a notation that the work was a part of the Centennial collection developed
during the City's centennial year of 1988.
I. To submit an annual report to the Common Council and to the Board of Public Works and to
report on a regular basis to the Mayor.
§5-3. Membership.
A. The Commission shall consist of seven members, all of whom shall be voting members,
appointed by the Mayor subject to the approval of the Common Council. Of the seven members,
at least five shall be residents of the City of Ithaca. At least four members of the Commission shall
be professionals from the field of design, visual arts, architecture or landscape architecture.
B. Nonvoting members of the Commission shall include a liaison from the Common Council, a
member of the Department of Planning and Development, a member of the Department of Public
Works, and the Directors of the Community Arts Partnership and the Ithaca Downtown
Partnership (or their successors). The Mayor may make other nonvoting appointments as
deemed necessary and appropriate.
§5-4.Terms of office; vacancies.
A. The seven members shall be appointed for terms of three years, except that the terms of the
first Commission members shall be for such lesser periods of time as to provide appropriate
staggered rotation and continuity.
B. Vacancies on the Commission shall be filled in the same manner as the original appointment,
except that a vacancy occurring other than by expiration of term of office shall be filled only for the
remainder of the unexpired term.
§5-5. Officers.
The Commission shall have a Chairperson and a Vice Chairperson,who shall be appointed by the
Mayor.
§5-6. Compensation of members.
The members of the Commission shall receive no compensation for their services as members
thereof but may be reimbursed for reasonable and necessary expenses incurred in the
performance of their duties within the appropriations made available therefor.
§5-7. Meetings.
A. A quorum for the transaction of business shall consist of four members of the Commission.
B. The Commission shall meet at least every other month.
C. The Commission shall adopt rules and procedures for its meetings. It shall keep accurate
records of its meetings and activities and shall file an annual report as provided in§ 5-2 of this
chapter.
Public Art Guidelines
[Adopted by the Common Council of the City of Ithaca 11-6-2002
by Ord. No. 02-06. Amendments noted where applicable.]
A. General authority.
1. Definition. Works of art or art work-All forms of original creations of visual art which may be
portable as well as permanent; to include but not limited to:
33
City code continued appendix A
a. Paintings of all media, including both portable and permanently affixed works such as frescoes
and murals;
b. 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.
Also included are reliefs, mobiles, kinetic, electronic and neon, sculptures;
c. Other works of visual art, such as inscriptions, stained glass, fiber works, carvings, mosaics,
photographs, drawings, collages, textile works, and prints. Also included are crafts, both
decorative and utilitarian, in clay, fiber, wood, metal, glass, stone, plastic and other materials;
d. Artist-designed landscapes and earthworks, including the artistic placement of natural
materials or other functional art objects.
2. Among its other duties, the Public Art Commission, hereinafter referred to as"the
Commission,"is authorized by Common Council to:
a. Review proposals for the acquisition of public art on behalf of the City;
b. Plan for the siting of all public art;
c. Accept on-loan art work for display;
3. Common Council shall have the authority to acquire art work for City ownership pursuant to its
general authority to acquire property and materials by and for the City.
4. The City shall be subject to these guidelines if it wishes to purchase art w ork and/or display art
work on City property.
5. These guidelines shall not supersede the authority of Common Council.
B.Acquisitions-General.
1. Acquisitions shall include art work that is either purchased by the City, donated to the City, or
on loan to the City.
2. Acquisitions of public art shall be free of restrictive conditions by the Artist or Donor unless, in
the discretion of the Commission, with the concurrence of Common Council, such conditions are
reasonable and not detrimental to the City. The location of pieces will be the responsibility and
right of the City.
3. All acquisitions of art work must be accompanied by the following statement:
The Donor or the Artist, in cases where an Artist loans or makes a donation, or a piece is
purchased by the City, represents and warrants to the City of Ithaca, New York, that it intends to
loan or donate(as the case may be)the art work to the City. The Donor or Artist also represents
that s/he has not entered into any agreement that may impair this Agreement. The City recognizes
and respects artists' rights as set forth in the Visual Arts Rights Act of 1990(VARA) and Section
14.03 of the New York State Arts and Cultural Affairs Law, including, but not limited to, the right to
claim authorship, the right to not have his/her name used on any work not created by the artist,
and the right not to have his/her work intentionally distorted, mutilated or modified so as to
prejudice the artist's reputation. However, the City expressly reserves the right, in its sole
discretion, to relocate or remove from display visual art, and an artist shall sign a waiver to allow
such relocation or removal.
4. There are no absolute criteria for the acquisition of works of art, except for the following
general tenets:
34
City code continued appendix A
a. Outdoor works of art must be deemed safe and durable for public display and be able to
withstand weather conditions. Pieces should also be free of sharp or protruding edges or be able
to be sited in a manner that minimizes the possibility of injury.
b. Pieces should be suitable for unrestricted public viewing. Art located in a public setting does
not require a ticket or necessitate a decision to choose to view. Therefore, the art should be
suitable for all audiences.
c. The Commission shall strive toward a goal of representing a broad variety of tastes within
the community and the provision of a balanced inventory of art in public places to ensure a variety
of styles and design throughout the community that will also be representative of the eclectic
tastes of the community.
5. Siting.
a. The siting and location of all public art work will be the responsibility and right of the City.
b. Until such time as the Commission can prepare comprehensive plans for specific areas of
the City, decisions on siting will be made by appropriate City Planning and/or Public Works
Department staff in consultation with the Commission and with consideration of recommendations
from the Commission. Once the Commission prepares comprehensive plans for the siting of art,
then location decisions will reside with the Commission.
c. Proposals for the siting of public art acquisitions shall also be reviewed by other City
boards and commissions which have potential interest in the siting of art work. This may include,
but is not limited to: the Parks Commission, the Commons Advisory Board, the Shade Tree
Advisory Committee, and the Board of Public Works. Review of proposals by other boards and
commissions shall be confined to issues that do not include aesthetics. (Appropriate review
includes items such as maintenance, safety, and location.)
d. Public art shall be identified with suitably designed and sized plaques approved by the
Commission. Plaques for donated art work or on-loan art work(as discussed below) can include
the name of the piece and the donor but shall not include any advertising.
6. Installation, maintenance, alteration, refinishing, moving, and removal of art in public places
shall be done in consultation with the artist whenever feasible.
7. Art work acquired by the City shall be insured by the City's insurance to cover damage,
vandalism, theft, and fire. Damage from natural disasters and normal wear and tear are excluded
from coverage by the City. Therefore, repairs and maintenance for normal wear and tear of pieces
acquired by the City and put on public display shall be provided by the City at its discretion. "Wear
and tear" includes such things as normal aging or exposure to the elements, or similar
circumstances(e.g., rust, cracks, fading). The City shall make a good faith effort to maintain the
art work, pedestal, and plaque in good condition, on par with other art works on public display
owned by the City.
C. Donations.
1. In addition to the guidelines set forth below in this Section C, the guidelines in Sections A and
B above shall apply to donations.
2. All costs for installation shall be negotiated by the City's designee and the donor at the time of
donation.
35
City code continued appendix A
3. Should the City choose to remove a piece of art work from public display for a period of at least
one year, the City shall make a good faith effort to attempt one of the following actions: (1)to
negotiate with the donor an extended period of time for the piece to remain out of public display;
or(2)to offer to return the piece, at donor expense, to the donor. If the original donor cannot be
contacted after reasonable efforts or chooses not to accept the return of the piece, the City
reserves the right to sell or convey the piece.
4. If an art piece is damaged, it may be repaired at the donor's expense. The City also reserves
the right to repair the piece, at its own discretion. If a piece is not repaired and is subsequently
removed from public display, the provisions in Section C.3 apply.
D. On-Loan Items.
1. On-loan public art is defined as art that is not owned by the City.
2. In addition to the guidelines set forth below in this Section D, the guidelines in Sections A and
B above shall apply to public art on loan to the City, which is displayed by the City or on City
property.
3. The City will assume the costs of pedestals and plaques.
4. On-loan art work shall be insured by the City's insurance to cover damage, vandalism, theft,
and fire. Damage from natural disasters and normal wear and tear are excluded from coverage by
the City. Therefore, repairs and maintenance for normal wear and tear of on-loan art work put on
public display shall be provided by the loan or, or by the City at its discretion. "Wear and tear"
includes such things as normal aging or exposure to the elements, or similar circumstances(e.g.,
rust, cracks, fading). The City shall make a good-faith effort to maintain the art work, pedestal,
and plaque in good condition, on par with other art works on public display owned by the City.
36
APPENDIX B
CITY ARTWORK DIRECTORY
Listed below are artworks that are part of the City of Ithaca's holdings. The information included
includes the title, artist, medium and location.
Centennial Collection
1. "The Swimming Pool"; Joy Adams; oil on spackle board; City Attorney's office at 108 E.
Green Street; part of Centennial Commission collection 1989
2. Untitled; Jim Powers and Glenn Miller; photographic collage; second floor hallway at 108
E. Green St; part of Centennial Commission collection 1989
3. "Give Me Your Scraps"; Mary Milne; fabric collage; third floor hallway at 108 E. Green
Street; part of Centennial Commission collection 1989
4. "Blue Cypress 1"; Laurel Hecht; 20x20 poly chrome landscape, 1985; third floor office at
108 E. Green Street, part of Centennial Commission collection 1989
5. Unknown; Linda Tsang; paint; Planning Department office, third floor, at 108 E. Green
Street; part of Centennial Collection 1989
6. "Trees With Shadows II"; Laurel Hecht; paint; Planning Department office, third floor, at
108 E. Green Street; part of Centennial Collection 1989
7. "The First Hundred Years Are The Hardest"; Liese Bronfenbrenner; fabric collage;
storage; part of Centennial Collection 1989
8. "Kevin's First No-Hitter"; Margaret Larsen; reproduction of an original pencil drawing;
storage at Ithaca Youth Bureau, 1 James Gibbs Dr.; donated during Centennial Art in
Park show 1989
9. "Fishermen in Cascadilla Creek"; Muli Tang; oil on canvas; part of Centennial
Commission collection, in storage, second floor of City Hall, 108 E. Green St., 1989
10. "Stripes"; Kumi Korf; mixed media with handmade paper; City Courthouse second floor
office atrium; part of Centennial Collection 1989
11. "Spring Green, Cayuga"; Daphne Sola; serigraph; fourth floor hallway at 108 E. Green
Street; part of the Centennial Collection 1989
12. "Dreams of the Diamond II"; Mary Shelley; low relief wood painted with acrylics; part of
Centennial Collection 1989
13. "Scarf and Color Tubes"; Gregory Page; limited edition print; part of Centennial
Collection 1989
14. "Sunset Ithaca"; Beverly Livesay; photograph; part of Centennial Collection 1989
15. "It Came From Cayuga Lake, 1988"; Chester Hall Salustri; ceramic stoneware; part of
Centennial Collection 1989
16. "Undercurrents"; Renate Ferro; collograph; second floor hallway of 108 E. Green St.; part
of Centennial Collection 1989
Other artworks collected
17. "City Hall"; Stein; paint; first floor entrance at 108 E. Green Street; donated by New York
State Electric and Gas (NYSEG) 1988
18. "We The People"; Dan Burgevin; oil on canvas; third floor hallway at 108 E. Green
Street; donated by artist during Centennial celebration 1988
19. "NY Bicentennial of the Constitution"; Mary Shelley; paint on wood; Seneca Street
Parking Garage on Tioga Street, 1989
20. "Toxic Pollack"; Kay Walkingstick's Advanced Painting Class; oil on canvas; second floor
conference room at 108 E. Green Street; donation by class in 1990
21. Untitled; Gail Scott White; brick and steel rails in pavement; Commons, 1993
22. Art Underfoot; Bill Benson and Jon Meigs; plaques on the Commons pavement and
metal gate marker Bank Alley electrical box, 1993-1994
23. Sagan Planet walk stations; Erin Caruth; metal, plexiglass, masonry; various city
locations; partnership with Sciencenter and the City of Ithaca 1999
37
24. Untitled Ceramic Murals; Tim Merrick, artist, and Linda Blossom, ceramicist; ceramic
tiles; Route 89 bridge; part of bridge redesign competition—joint Department of
Transportation and city project 1999
25. "Silent City"; John Snyder; metal; Route 96 bridge; part of bridge redesign competition—
joint Department of Transportation and city project 1999
26. "Merge"; Ethan Stern; steel; Commons Center pavilion,west side; donation 2001
27. "Song of Innocence"; Christi L. Harrington; bronze sculpture; Commons, donated by
Sciarabba Walker Co. 2002
28. "Businessman in Touch with Nature", Cherry Rahn; bronze sculpture; Commons;
donated by NYSEG after the Art in the Heart Program administered by the Ithaca
Downtown Partnership 2003
29. "Unknown" (fire bell); artist unknown; metal; Dewitt Park near Cayuga Street
Some other art activity done by students and staff/not a part of the formal collection
30. Mural; artist unknown; paint; GIAC inside; first done in mid 1980s, retouched mid 1990s
31. Mural; John Ewing and Carlos Rodrigez; paint; Greater Ithaca Activities Center(GIAC)
and Youth Employment Service student works; maintenance building on N. Plain St.,
1989/1990
32. Untitled Mural; local teens; paint on masonry wall; Ithaca Youth Bureau
33. Untitled Sign; Dan Burgevin and teens; paint on wood; Ithaca Youth Bureau
34. Mural; Cass Benson, staff member of Cass Park; paint; Cass Park near end of ice rink,
1997
35. Mural; Tim Wood and other Cass Park staff members; paint; old filter building at Cass
Park 1999
36. Mural; Michael Meier, staff member of Cass Park; paint; Cass Park pool filter building,
2001
37. Murals; Carlos Rodrigez; paint; GIAC on Albany Street side of building; GIAC funded,
2000
38. Mural; graffiti artists and youth; paint; GIAC on court side of building facing playground,
2001
39. Mural; graffiti artists and youth; paint; GIAC run project located on Cherry Street, 2001
40. Untitled Bridge Sculpture; Roberto Bertoia's Cornell University sculpture class; metal;
Neptune Bridge, 2002
38
APPENDIX C
ACQUISITION SELECTION STEPS
Selection Steps: The selection process for acquisitions/commissions would include the
following selection steps. Refer to the criteria listed earlier in this report.
Site Selection Steps
1. Priority sites are selected through a Public Art Commission (PAC) process and approved by
Common Council.
2. Once a site is identified, city staff, the PAC, Planning Department, Department of Public
Works, and site liaisons conduct initial site usage study to determine project parameters
(budget, timeline, site considerations, potential locations).
3. Public is notified of public art project site. Comments encouraged.
Artist Selection Steps
Selection of the appropriate artist is one of the single most important steps in the acquisition
process. Generally, artists selected would have a record of working with public art projects and
experience with the scale and elements required by a particular site and commission.
The Artist Selection and Commission Design steps listed here will vary depending on the
method of artist selection used. The more lengthy process is described here, including first
artist selection, then community input and design phase with the chosen artist, then design
approval. This longer process includes all the ideal outreach steps in an acquisition selection
process. A shorter process such as a direct invitation to an artist, could be used depending on the
circumstances of the acquisition.
1. The PAC defines the most appropriate method of artist selection (open competition, limited
invitational process, direct invitation or blind competition).
2. The PAC defines project parameters to be used in artist selection and city staff
drafts call for artists (budget size, site area, project objectives, etc.).
3. City staff and the PAC set up Acquisition Advisory Panel. The panel would include some
PAC members, visual arts experts, architects, and other professionals. Representatives
from the site/community user group and outside of Tompkins County may be included. The
PAC could choose to constitute itself as the panel. Or, the Advisory Panel could be merged
into the PAC with the technical experts of the Advisory Panel and the PAC working together
to review artists and proposals. A different panel could be convened for different projects.
4. City staff and the PAC receive and review artist submissions to determine if submissions
fulfill requirements of acquisition.
5. The PAC and city staff prepares Advisory Panel by giving them written instructions outlining
duties, selection review criteria, review process steps and project parameters.
6. City staff sets ups panel review time and administers process. The Advisory panel
conducts review and selects two or three semi-finalists from the group of eligible artists.
7. Semi-finalists are invited to present examples of their work at a public meeting.
Slides/photos are displayed and written comments from public invited during a week's
period. (Artists are offered travel and per diem if artists do presentations to the public.)
8. The PAC considers community input, panel input and makes artist recommendation to
Common Council. Common Council votes on artist acceptance. (Denial by Common
Council requires beginning artist selection process again.)
39
Appendix C—Acquisition Selection Steps continued
Commission Design Steps
1. If artist is approved, the PAC and city staff works with artist on design phase (community
input gathering, site refinement, timeline, final budget, and contract).
2. Artist signs contract and VARA waiver.
3. Should the work scope warrant it, an outside agency is engaged to carry forward the
next phases of the commission design process, mainly the community input gathering
phase.
4. City staff or contracted outside agency conducts plan for gathering community input
and summarizes site usage information. (Community processing like a charrette is
referenced in the appendix.)
5. Artist works with community and receives input as well as site usage information.
6. Advisory Panel is reconvened for review of artist designs. (Panel receives written
instructions in advance, detailing criteria and community input.) Panel makes
recommendation.
7. Recommended design is checked with city engineers and other city department advisors.
8. The PAC presents approved design to community for review and comment. After one
week, comment period is closed. Appeals process is opened.
9. Finalized design is presented to Common Council and submitted for approval.
10. Fabrication and construction phase begins, monitored by city staff or contracted agency,
with updates to PAC.
Installation Steps
1. Commissioned work is installed. Plaques and insurance arranged by city staff or
contracted agency.
2. Community celebration is hosted through the PAC.
3. Follow up public information programs held. Work is added to city web site, art map, and
art directory.
4. Post process evaluations conducted by the PAC and city staff.
5. Yearly maintenance inspection and record kept by city staff and followed up by DPW or
designee.
6. Every five years—maintenance check by professional restorer/curator.
Various Methods of Artist Selection
It is recommended that artists invited to submit proposals are offered an honorarium for the
creation of their proposal. An honorarium would not be used in a request for proposals situation.
• Open Request for Qualifications-Artists submit proposals in response to a public
advertisement. Detailed information describing the project and how to apply are
distributed. Artists usually submit a package that includes a resume and slides of their
work. The selection committee then reviews proposals and recommends an artist or
artists for acquisitions or requests more detailed information from selected artists,
perhaps even an interview.
• Limited Invitational Process/Curated Pool of Artists-The PAC recommends a limited
number of artists based on an interview or review of work. This short list or curated pool
of artists are invited to apply. The artists then develop a site-specific proposal for a
particular project. The artists are given an honorarium and all the necessary information,
as in the open request, as well as the opportunity to present a model and proposal to the
committee. This process is used when the project schedule does not allow for an open
call or when a specific set of skills is required.
• Direct Invitation - In this process, one artist is invited by the PAC to submit a proposal or
participate in community design process. This situation is used when a majority of
commission members feel the artist is particularly well qualified for a project.
40
Appendix C -Acquisition Selection Steps continued
• Blind Request for Proposals (RFP) -A detailed package of information including site
plans and design guidelines is issued. Artists design proposals based on the RFP
guidelines. Each proposal is given an identification number used during the review
process. One advantage to blind competition is that the process allows an even playing
field. This process is most often used when there is a high profile project and large
budget to support the process.
41
APPENDIX D
DONATION STEPS
The selection steps for donations would include the following selection steps. Selection criteria to
be used is listed earlier in this report.
Selection Steps:
The process described below and the use of the above criteria are guidelines that will help ensure
that the art accepted by the City is of the highest quality, enhances public spaces and is well
served by the City's ability to maintain the work.
1. Donor submits letter regarding art donation to the Director of the City's Department of Planning
and Development or the PAC city staff liaison.
2. Information regarding the artwork is gathered (description, photo/slides, artist information,
siting requirements, etc.) and submitted to the PAC.
3. Information regarding the review process and criteria is shared with donor by city staff liaison.
4. Donation is reviewed by city engineer and other departments for safety and durability.
5. City staff liaison schedules review of donation by the PAC or Advisory Panel (PAC
Chairperson, PAC member, artists familiar with work in affected medium, community member
from site, visual arts experts, etc).
6. Donation is reviewed and recommendation is made to the PAC and Common Council.
7. Common Council accepts or declines donation, donor notified in writing by city staff liaison.
8. There is public notification of donation and appeals process starts/ends (appeals described in
appendix e).
9. Upon acceptance by Common Council, the PAC notifies donor of accession and donor
contract is signed.
10. Donation is installed. Plaques and insurance arranged.
11. Press releases, announcements made.
12. Education programming and follow up planned by city staff liaison. Work is added to web
site, art map and directory.
13. Yearly maintenance inspection and record done by city staff liaison and DPW.
14. Every five years—possible maintenance check by professional restorer/curator.
42
APPENDIX E
APPEALS PROCESS
The Public Art Commission recommends an appeals step as part of the public art acquisition
process. The intention is to ensure that public art process and criteria are followed. Therefore,
appeals would be based on process issues only.
Information about the appeal and selection procedures will be shared with the public at the start of
each acquisition process in order to promote understanding of the public art program and to
ensure an open process. In addition, should it be necessary, Public Art Commission and
Common Council decisions may be appealed in writing based on the following criteria.
• Appeals should be based on process issues only, including:
1) the decision was based on something other than the established review criteria;
2) the required information or other pertinent supporting material was not used
during the review process;
3) conflict of interest procedures were not followed.
Appeals should be submitted in writing after the appellant has first consulted with the Public Art
Commission to review the considerations that went into the acquisition or donation process.
Appeals should be submitted to the Mayor in writing within two weeks of written notification or
public announcement of the selection, acquisition or donation.
• Upon receipt of the appeal letter, the Mayor and the PAC Chair will meet within two weeks
with the appellant to hear their grounds for reconsideration. The Mayor has the authority to
determine whether or not there are grounds for reconsideration based on the appeal criteria
listed above. If there are grounds, the PAC or advisory panel will review the process and
decision. After the reconsideration, a letter will be sent to the appellant.
• Notice of appeals will be shared with the Common Council.
• All appeals will be reported in the annual report.
Because this is a city program, only city residents could submit appeals.
43
APPENDIX F
DISCUSSION OF SELECTION CRITERIA
The selection of the artist and artwork in the acquisition, donation and loan programs is based on
established review criteria as described in the acquisition, donation and loan sections of this plan.
Further(though not all inclusive)discussion of the intent of the selection criteria is listed below.
Acquisition Process
1. Artistic merit and quality of work: This criteria is the most important review criteria. This
criteria refers to inherent quality of the artwork in terms of timelessness of its vision, design,
aesthetics, and excellence. Acquisitions will strive to include artworks of the highest quality.
Artists will be selected on the basis of their qualifications as demonstrated by their past work. The
merit of an artwork would be substantiated by past history of exhibitions or sales, awards or other
recognition, or an outstanding first work. Selection of the artist will be made without regard to
race, gender, religion or sexual orientation.
2. Safety and durability of work: This refers to the artwork and its ability to withstand Ithaca
weather conditions, as well as structural and surface integrity. Consideration should be given to
its permanence and protection against theft and vandalism. Artwork should be examined for
unsafe conditions or factors that may bear on public safety and liability.
3. Unrestricted public viewing of work: This refers to public access and suitability. Will the public
have free access to the artwork? Outdoor art would be the most accessible. Consideration also
should be given to the fact that public art is a genre that is created in the public context and will
embrace other factors such as public participation, social and political attitudes, and functional
considerations.
4. Administration of work: This refers to considerations in the shipping, fabrication, installation
and maintenance of an artwork. The City will consider whether an artwork will be able to be
maintained over the life cycle of the work.
5. Balanced inventory of the permanent collection: The City will consider the existing works in its
art collection and strive for a diversity of style, scale and media, recognizing that some styles and
media will be more appropriate for public, outdoor art.
6. Artist's demonstrated ability to respond to the project site and context: This refers to an
artist's history and record of working with the scale required for the project, the materials, and the
fabrication and installation process needed for the commission.
7. How work fits into the natural or built environment of the site: The immediate social and
physical environments where the artwork is placed should be considered. Scale, form, material
and content should be appropriate for the site.
8. Compatibility with established patterns of use of the site: The artwork should not interfere with
existing usage of the site unless that site is undergoing a total renovation.
9. Established objectives of the acquisition program: The Public Art Commission will set yearly
and multi-year objectives for its programs. These objectives will be considered in selecting
artworks.
10. Use of community input in design: Community input will be sought during the design process
by the Public Art Commission or artist. This input will be considered in the design creation.
Donation Program
Refer to criteria 1 —5 above and these criteria listed below.
6. Physical condition of work: This is self-explanatory.
7. History and provenance of the work: Does the donor own the work?
8. Suitable location for work: Does the City have an appropriate location for donated artwork?
9. Compatibility with the City's donations program objectives and education plan: Does the
artwork further the city's donation program goals?
10. Contribution to the existing public art collection: How does the artwork fit into the overall
collection of public art?
44
Appendix F
Review criteria continued
Loan Program
Refer to criteria 1-5 above and the criteria listed below.
6. Public information and programming opportunities: The loan program would provide
opportunities for the public to learn about the artwork and/or engage in dialogue with the artists.
Public information opportunities would be considered in designing loan programs.
45
APPENDIX G
FUNDING METHODS
The majority of government public art programs are funded through a "percent for art" program.
These programs are varied in their implementation but all designate a certain percentage of
capital improvement money to fund public art. This relatively small fee has been a great benefit in
the cultural and economic development of many communities. Numerous cities, both large and
small, have established this program across the United States. This funding method has become
widely accepted as demonstrated by the fact that 300 cities, counties and other government
bodies around the U.S. have public art programs.
Government entities have found percent for art funding useful for many reasons. This kind of
funding mechanism enables artwork to be a part of overall project planning from the beginning of
the capital design phase. Past experience has shown that this is a key element in public support
and acceptance of the art, because the community can be engaged from the beginning. Since
thorough planning is often key to a successful public art project, percent funding secures an ideal
timeline. Percent for art also allows a flexible approach, enabling adaptation to the size of the
project and to community needs.
Implementation approaches to percent for art can be broken down into three broad categories:
public, public-private and private. Public percent for art programs obtain funds through public
financed capital improvement projects(CIP). Public-private percent for art receives funding
through both private and public development projects. A private percent for art program usually is
run by an organization or foundation that receives funding through contributions, with percentages
as goals. The percent designation usually begins at one percent and can go as high as three
percent. Within each of the public, public-private and private categories are many variations and
qualifications that include ordinances or voluntary contributions, separate funds, definitions of
capital improvement project size, minimums and maximums. A review of percent programs also
suggests it is important to designate a portion of the funds for administration and maintenance of
the public art. In New York State, New York City, Rockland County, the City of Buffalo and City of
Huntington have governmental public art programs.
The Public Art Commission reviewed these possible funding models, which are listed below in the
Commission's order of priority. A public percent for art ordinance with voluntary private
participation is the preferred option to support a public art program in the city at this time, with
consideration of the establishment of a private percent for art to occur subsequently.
1. Public Percent for Art with Voluntary Private Participation
2. Public-Private Percent for Art Ordinance
3. Public Art General Fund through a per capita or other assessment set aside
46
Funding methods continued
Preferred Option/Option 1
Public Percent for Art Ordinance with Voluntary Private Participation:
In this option, public capital improvement projects would have a 1% designation for public art and
a voluntary .3 or.5%designation on private development as per the proposed zoned approach
listed below. Participation by private developers would be voluntary and follow some of the
parameters described below in option#2.
Preferred Option #2
Public-Private Percent for Art Ordinance
A percentage of all public capital improvement projects and private development projects are
considered for a public art fee. Art for public projects is owned by the city and selected through a
process defined by the Public Art Commission as described in this plan. Art for private
development projects is chosen and owned by the developer. Developers would allocate money
for art and demonstrate completion prior to receiving a certificate of occupancy. The Public Art
Commission would be available to advise private developers on the art commissioning process if
requested. Nonprofit development projects would be exempt but project sponsors could be
encouraged to make a voluntary contribution or plan for their site. The specific parameters and
limits are listed below.
Implementation:
Zones
The Public Art Commission recommends the use of a zoned approach to percent for art program.
Public projects-all zones
Since the City would take a leadership role in public art, the percent for art would be 1%of the
total capital project costs in all geographic areas of the city.
Given the current economic climate, it is important to understand how a percent for art program
would impact the city budget. As such, capital project costs for the past eight years were
examined in order to gauge how expensive a percent for art program might have been for the city
had a percent for art been in place in 1996. These figures were then projected forward for a
twenty year period to determine possible future costs.
Each year the city establishes a list of capital projects that contains a wide array of items to be
funded with serial bonds. Typical items on the list include new cars and vans, repairs to city
buildings, new playground equipment, bridge and garage repairs, and the construction of park
trails.
Communities across the country with percent for art ordinances use a variety of definitions to
determine eligible capital projects. A conservative approach for this analysis was taken by using a
narrow definition of eligible capital projects. Thus, items such as improvements to bridges, parks,
and city buildings costing over$50,000 were included, but projects for street and road
improvements, sidewalks, traffic calming projects, land acquisition, or project design costs were
omitted.
According to the analysis, the annual cost for a percent for art program, including payment of both
principle and interest at 5% (the city's historic borrowing rate), would have ranged from a low of
$249 in 1996 on capital projects costing $314,000 to a high of$3,478 in 2001 on capital projects
costing $4,391,600. The average cost over the last eight years of retiring debt for these art
expenses would have been $1,825 per year.
47
Funding methods continued
Total capital project costs vary considerably over the years and with different city administrations,
but if this annual rate is representative of typical spending over time, the annual payment for debt
retirement would range from $1825 in year 1 to$36,500 at the end of year 20 as annual costs
accumulate by 2024 (20 times$1825 or$36,500 in 2003 dollars). Inflation will, of course,
increase this amount, but its real value in constant dollars should remain relatively unchanged. As
an example, $36,500 translates into .09 percent of the city's 2003 $43 million budget.
The chart below demonstrates what annual costs for the past eight years would have been if a 1
percent program had been in place. The analysis does not include a percent for art project for the
new Cayuga Garage, a$17.5 million project. Although this development project merits an art
component, this item was excluded in the analysis because the city doesn't typically construct
such large projects and it is an anomaly in terms of its cost.
Annual Debt Service on Yearly
Eligible Capital Projects
Year Eligible Capital Projects
1996 $ 314,000 $ 249
1997 $1,802,125 $1,427
1998 $2,567,630 $2,033
1999 $2,615,000 $2,071
2000 $2,263,312 $1,792
2001 $4,391,600 $3,478
2002 $ 505,000 $400
2003 $3,983,024 $3,154
Total $18,441,691 $14,604
Average Annual
Cost $2,305,211 $1,825
Private projects—selected zones
Recognizing the economic difficulty of private development, especially in the urban core, the
Commission recommends a zoned approach for private development percent for art projects.
In the Urban Core, the percent for art would be .3%of the total development costs. The urban
core area roughly covers downtown, the West End, and Inlet Island. More specifically, the intent
is to apply the .3% provision to the defined area subject to the density policy, which is
implemented by the Tompkins County Industrial Development Authority(IDA)and which provides
tax abatement to qualified projects.
In the Route 13 Corridor and in Collegetown, the percent for art would be .5% of the total
development costs.
Examples of how the percentages would work:
Project Cost %for Art Dollars for Art
Urban Core a. $4.5 million .3% $13,500
b. $10 million .3% $30,000
Rte.13/Collegetown a. $1.5 million .5% $7,500
b. $12 million .5% $60,000
48
Funding methods continued
Preferred Option #3
Public Art General Fund Options
Public Art General Fund through Per Capita Funding:
This type of funding mechanism has been used in some smaller cities. An annual fund is
designated based on a per capita set aside in the General Fund. This city art fund can be carried
over from year to year and pooled to create larger projects. The City of Kent, WA uses a $2
designated per capita mechanism and a private percent for art.
OTHER FUNDING OPTIONS
Public Art General Fund through another assessment set aside:
A set aside program could be established to fund public art by pooling fees into a designated
general fund. For example, a$4 (Four For Art)or$5 for art notion added to the city permit
application system. These set aside ideas could be developed with public information that would
build awareness of program purposes.
Another set aside idea could designate a voluntary contribution for public art paid with city tax
payments. This option has yet to be explored in terms of any legal issues.
Other Percent for Art Options
Public Percent for Art Options:
Public Percent for Art Voluntary-On public development projects, contribution toward a percent
for art is optional.
Public Art General Fund Designation - Public development projects are funded through a general
fund designation determined in each yearly budget cycle.
Public/Private Percent for Art Options:
Public/Private Percent for Art Voluntary-On all public and private development projects, a
contribution toward percent for art is optional.
Public/Private Percent for Art in an Arts/Entertainment Zone-On public and private development
projects in a designated area of the city, percent for art is applied.
Local Option
A local funding source for public art may be the room tax. The room tax could be a mechanism
for providing ongoing revenue support but the impact on other existing art activities funded by this
source would need to be explored.
49
Funding Methods continued
ADDITIONAL INFORMATION ON PERCENT FOR ART
Percent for Art Provisions
Listed below are some general provisions that are a part of percent for art parameters.
Cap-
The percent for art calculation could be capped at$15 million for each project, public or private.
The minimum project cost could be$200,000-500,000 for private developers.
Administration-
A percent of each public project(beginning at 5%and up to 15%) should be reserved for
administration and maintenance. Some projects might require a higher percentage, some a lower
percentage, depending on the acquisition process used and the level of community interaction
during the planning stages. In the public project example listed on a preceding page, the
administration cost might range from $750 to$2,250 for a total artwork budget of$15,000.
Funding methods continued draft 10/9/03
Administration costs should include staff salaries, overhead, public relations, project development,
artist selection, community outreach, artwork dedication and maintenance.
Pooled Fund -
All projects could have the option of using the percent funds to support artwork on site or
contribute funds to a pooled fund. Use of pooled funds could be determined by public art plan
priorities. Administration and maintenance money would be set aside from the pooled fund for
each project.
Ownership—
Private property owner would retain ownership of the artwork.
Art Placement—
Generally, artworks should be outside and publicly accessible. However, art placed in the interior
of a building must be in an area accessible to the public from 9:00 a.m. to 5:00 p.m.
Eligible capital projects—
All new construction and all renovation projects which undergo alterations or repairs that exceed
fifty percent of the value of the existing structure could be eligible.
Artwork costs-
Artwork costs would include approximately 15% to artist design fee, research, travel, project
proposal, engineering and construction documents and approximately 85%to
fabrication/installation (artist travel, materials, studio overhead, subcontractors, fabricators,
installation, site preparation, insurance, bonding). Artists should consider 10% contingency fund
for unknown project costs within the fabrication/installation portion of the budget.
Capital Improvement Project definition—
(There are other communities that have a broader definition of capital improvement, for example,
including roads and drainage).
1) new construction of a building or of additional space added to a building;
2) any reconstruction or renovation of a building or part of a building equal to or exceeding in cost,
fifty thousand dollars;
3) any other project, the intended use of which requires that it be accessible or visible to the
public, including but not limited to parks and bridges;
4) projects shall not include equipment or rehabilitation of equipment;
50
Funding methods continued
Cost of project could include site work, and contingency allowances for a project, but could
exclude land or building acquisitions and subsequent changes to the project unless such
subsequent changes exceed fifty percent of the initial cost of the project.
Total Cost does not include costs for: design and engineering of the building, administration, fees
and permits, building demolition, relocation of tenants, contingency funds, land acquisition,
environmental testing or indirect costs, such as interest during construction, advertising and legal
fees.
Art parameters-
The following non-artistic items do not meet the intent of this program: Reproductions, by
mechanical or other means, of original works of art; decorative, ornamental, or functional
elements which are designed by the architect or consultants engaged by the architect as opposed
to an artist commissioned for this purpose; those elements generally considered to be
components of a landscape architectural design except when elements are designed by the
selected project artist and are an integral part of the project artwork; "art objects"which are mass-
produced of standard design; directional or other functional elements such as super-graphics,
signs, color coding, maps, etc.; modification in or improvements to building surfaces or structural
elements of the building, and services or utilities necessary to operate and maintain an artwork
over time.
Eligible projects include, but are not limited to: sculpture, murals, portable paintings, earthworks,
neon, mosaics, photographs, prints, film, sound, video, any combination or forms of media and
new genres; standardized fixtures such as grates, streetlights and other design enhancements as
are rendered by an artist for unique and limited editions.
New York State Examples of Public Art Ordinances
Rockland County- Run by Rockland Center for Arts, population 280,000. Ordinance states that
1%of first$15 million of bonded County capital projects is used for art on project site.
NYC Percent for Art Program -Ordinance allocates 1%of municipal construction budgets for
newly constructed or reconstructed capital projects, cap of$400,000. Annual cap of$1.5 million.
Huntington, Town (Division of Cultural Affairs) - No ordinance for percent for art, but an allocation
is part of annual operating budget. This is a new program with an initial allocation of$5,000.
Buffalo- Part of city government but run by Buffalo Arts Commission. Ordinance states that any
capital improvement project of over$1 million with any city funding designates 1%for art.
51
APPENDIX H
FUNDING SOURCES
The sources and ideas listed below could be utilized for future funding of public art projects and
programming. Broad categories of funding include: public/private sector collaborations; percent
for art programs; participation from developers; and alternate sources. Percent for art funding is
discussed in more detail in appendix G.*
• National Endowment for the Arts, 1100 Pennsylvania Avenue, NW, Washington, DC 20506,
(202)682-5400, www.arts.gov,matching funds for public art. Also have sponsored"Mayor's
lnstituties"where government leaders can bring design projects to an institute for discussion.
• New York Foundation for the Arts(NYFA), 155 Avenue of the Americas, 14th Floor, New York,
NY 10013, (212) 366-6900 Artists and Audiences Exchange program will provide funding for
artist workshops and presentations.
• New York Foundation for the Arts(NYFA), www.nyfa.org, features an interactive web page
and provides links to grant sources.
• New York State Council on the Arts(NYSCA),www.nysca.org. The NYSCA visual arts
category funds organizations to provide a variety of programs and services.
• Community Beautification Program, contact Chrys Gardener, cab9 @cornell.edu, possible
Collaboration with landscaping/beautification efforts. Small grants available to municipalities
and volunteer organizations.
• Development Grants, liaison Jackie Kippola,jkipploa @tompkins-co.org, Tourism grants
awarded to organizations for the initiation, development, expansion, and enhancement of
Tompkins County tourism attractions and events with broad appeal. This source might be
be used to produce brochure on the city's public art collection.
• Directory of Corporate and Foundation Giving, The Foundation Center, 79 5th Avenue, New
York, NY 10003-3076, 212-620-4230, http://fdncenter.org
• Funding for public art in other communities across the country has come from alternate
sources, such as:
Room tax;
Neighborhood appeals;
Parking meter revenue;
Sales tax revenue;
Proceeds from the sale of city land;
Funds pooled with the county;
Partnerships with arts organizations;
Local companies/businesses;
Arts councils;
Funds dedicated from a large scale event;
Historic preservation/renovation funds;
Funds as part of a larger grant, eg. transportation funding.
*Some funding information is from Project for Public Spaces.
52
APPENDIX I
PUBLIC ART PLAN KEY INFORMANTS
During the process of creating this plan, the Public Art Commission wanted the participation of key
informant persons and groups that might have interest in or feedback on public art questions. The
people and groups listed below received letters from the commission seeking input on the public
art plan. An asterisk indicates that a response was received via letters or through meetings.
Community Arts Partnership, Richard Driscoll and Loralyn Light*
Ithaca Downtown Partnership, Gary Ferguson and Board*
Community School of Music and Art, Tom Scharff*
Saltonstall Foundation for the Arts, Lee Ellen Marvin
Historic Ithaca, Scott Whitham
Dewitt Historical Society, Matt Braun*
Ithaca City School District, Judy Pastel and Craig Evans*
Ithaca Community Fine Arts Booster Group, Patti Nozell
Tompkins County Public Library, Janet Steiner
GIAC, Marcia Fort
Ithaca Youth Bureau, Allen Green*
Southside Community Center, Diann Sams and Board
State of the Art Gallery, Stan Bowman, current chair
Cornell University Art Department, Buzz Spector, chair
Ithaca College, Susan Weisand
Sciencenter, Charles Trautmann
Public Service Center, Cornell University, Leonardo Vargas
Cornell Council on the Arts, Milton Curry
Johnson Museum, Frank Robinson*
PTA Council, Pam Hanna
CAP artist email list(Jeff deCastro, John Snyder, Anne Campbell, Nancy N. Maas, Camille
Doucet, Rob Licht)*
Board of Public Works*
Strategic Tourism Planning Board, Scott Wiggins
Chamber of Commerce, Jean McPheeters*
City Affairs Committee, Chamber of Commerce*
Neighborhood list-
Bryant Park Civic Association, Nancy Leeming and Mary Tomlan
Center Street Neighborhood Watch, Dorothy Rollins
Collegetown Neighborhood Associaiton, Nancy Schuler and Gary Stewart*
Cornell Heights Civic Association, Michael and Erica Decatur
CAN-DO Neighborhood Association, Leslyn McBean
East Spencer Street Association, David Henderson
First Street Neighborhood Association,Armin Heurich and Gail Brisson
Hector Street Neighborhood Association, Margot Brinn
Henry St. John Civic Association, Gloria Landes and Eric Rosario
Latino Civic Association, Leonardo Vargas
Marshall and Linn Street Association, John Barradas
Marshall and Utica St. Neighborhood Association, Linda Farthing-Kohl
Northside Neighborhood Planning Association, Wendy Workman
Orchard Place Association, Terrence and Jane Fajans
We Are Neighbors Too, John Beach
South of the Creek Neighborhood Association, Rick Grossman
Spencer Road Neighborhood Association, Crystal Buck and Ben Coakley
South Hill Civic Association, Jim Meyer
53
Key informants continued
Titus Towers Tenant Council, Betty B. Miller
University Hill Neighborhood Association, Kate Lunde*
Washington Park Neighborhood Association, Jutta Dotterweich and Michael Vitucci*
West Hill Civic Association, Amy Christian
Wood Street Neighborhood, Rick Rogers
Church/Religious Organizations:
Ithaca Reform Temple, Abby Lyon
Temple Beth El, Rabbi Scott Glass
First Assembly of God, John Sotero
Tabernacle Baptist, David Nelson
Immaculate Conception Church, Father Leo Reinhardt
St. Catherine Greek Orthodox, Stephen Lilley
St. John's Episcopal, Phillip Snyder
St. Paul's United Methodist, Rebecca Dolch
Unitarian Church of Ithaca, Stan Sears
St. James A M E Zion Church, Robert E. Williams
First Baptist, Wendy Fambro
Calvary Baptist
First Presbytarian, Ron AIIin
*groups responded via letters or meeting notes or phone
54
APPENDIX J
VARA (VISUAL ARTISTS RIGHTS ACT)
In 1990, Congress proposed VARA, an addition to the Copyright law. This federal law guarantees
artists their moral right to claim or disclaim authorship in artwork; preserves limited rights to
prevent distortion, mutilation, or modification of a work; and the right, under some circumstances,
to prevent destruction of a work that is incorporated into a building. These rights are referred to
as the right of attribution, the right of integrity, the right to withdraw a work, and the right to
disclosure(allows the artist to determine when a work is complete). The rights last for the life of
the artist for works created after June 1, 1991. New York state law also protects artists' rights.
These rights can be waived if the artist signs a written document stating the rights be waived and
the specific artwork is identified.
Access to the copyright law information regarding VARA is available at
http://www.loc.gov/copyright/title17/92chapthtml#106a(basic provision) and
http:l/www.Ioc.gov/copyright/title17l92chapl.html#113(exception for artworks fixed to
buildings). In addition, the National Endowment for the Arts posts a guide to the Visual Artists
Rights Act at http://arts.endow.gov/artforms/ManageNARA.html.
55
APPENDIX K
CONTRACTS
A review of sample artist and donor contracts indicates that the following elements have been
considered as part of contracts.
For the artist:
Description of the artwork
Requirements and approval for the design of the artwork
Artist's scope of work description
Schedule for artwork, including any progress reports and artwork review
Fabrication and installation requirements
Use of community input, if applicable
Site preparation
Delivery/transportation and installation
Price/payment schedule/sales tax
Inspection and review of artwork/loss/damage/delivery
Delays in construction
Copyright and reproduction agreements
Warranties/insurance
Indemnification
Maintenance protocol or requirements
Signage
Relocation and removal conditions, including signing of Visual Artists Rights Act waiver
Death or disability of artist/termination conditions
Applicable law
Notices
Miscellaneous (servability, entire agreement)
With each contract, artists should receive a copy of any maintenance or appeals policy conditions.
For the donor:
Site selection information
Base or pedestal requirements
Delivery of artwork
Representations
Covenants
Relocation and removal conditions, including signing of Visual Artists Rights Act waiver
Indemnification
Notices
Miscellaneous(governing law,jurisdiction, venue)
With each contract, donors should receive a copy of any maintenance or appeals policy
conditions.
56
APPENDIX L
POTENTIAL PUBLIC ART PARTNERS
Tompkins County and the surrounding area are home to a variety of individual artists and
arts/community organizations. There are potential collaborations with many of these individuals
and groups who could be public art partners. Listed below are brief descriptions of how these
potential partners could connect with public art activities. This information was submitted directly
by these groups.
Community Arts Partnership(CAP)
The Community Arts Partnership serves as a liaison organization to the Public Art Commission.
CAP has advised the Commission on artist issues, made connections to artist groups and
facilitated access to CAP's artist slide registry. CAP would continue to advise on programs, assist
connection to the artist community and potentially serve as a contracted agency/consultant on
public art projects.
Ithaca Downtown Partnership(IDP)
The Ithaca Downtown Partnership serves as a liaison organization to the Public Art Commission.
IDP has embraced in the incorporation of art and art activities into the downtown business district
and views this activity as good for business. IDP created and administers the Art in the Heart of
the City temporary sculpture exhibit and they run the Art Walk program. IDP's long-range plans
include an art focus; refer to their vision plan included in the appendix.
Tompkins County Public Library(TCPL)
The Tompkins County Public Library's new home in November 2000 has served as a valuable
exhibit space for art. The library hosts four exhibits a year with support from the Community Arts
Partnership, and through partnerships with other organizations such as The Inkshop. The
Inkshop cosponsored "Textscapes" in 2002-03, a show resulting from the work of public art
creator Jeff deCastro who collaborated with printers and poets in writing and printing workshops to
"wrap the library." The library will continue to serve as an exhibit space for art and will continue to
do arts programs, including many children's arts programs, and to work in partnership with other
organizations.
Community School of Music and Art(CSMA)
The Community School of Music and Art offers classes to all ages in a variety of arts areas. In
addition, CSMA's home on State Street has served as an exhibit space for a variety of arts
exhibits. The Community School of Music and Art can assist the Public Art Commission with
planning; act as a resource for identifying artists in the community; provide space for temporary
installations; and schedule some meeting/work space for public art activity.
Johnson Museum of Art
The Herbert F. Johnson Museum of Art is a nationally recognized museum as part of the Cornell
University campus. The Johnson Museum can help by providing staff expertise, contacts with
artists, some fundraising and grant writing, and publicity for the program in the museum's own
outlets. In addition, Frank Robinson has offered his expertise as a former commission member in
Providence, RI.
Dewitt Historical Society of Tompkins County
The Dewitt Historical Society is devoted to collecting, preserving and interpreting the history of
Tompkins County. The Dewitt has offered to connect with Public Art Commission activities
through its role in a variety of areas including: the only museum located in the downtown
business district; its location at Gateway Plaza; its role in the history of the county; use of its
collection; promotion of the appreciation of history to foster civic pride and civic engagement;
collaboration to benefit the historical society, the PAC and potentially attract and retain people and
business to the downtown area.
57
Potential partners continue
Ithaca Youth Bureau
The Youth Bureau building and Cass Park are city-owned and managed by the Youth Bureau.
These spaces would be available for the display of art.
Ithaca City School District
Response from Carol Spence, 2002-03 High School Fine Arts Coordinator, suggested a student
collaboration with future public art activities. Students could view art and discussions could be set
up with the artists. Advanced students might also participate by contributing their artwork for an
appropriate public venue.
Individual Artists
Several individual artists have expressed a desire to collaborate with the public art program as
commissioned artists and to provide feedback on program activities.
Other organizations
Other organizations have articulated their desire for future collaborations. The Saltonstall
Foundation, the Cornell Council on the Arts and the Discovery Trail are examples of organizations
that have expressed interest in exploring and considering future collaborations.
58
APPENDIX M
ITHACA DOWNTOWN PARTNERSHIP: PLAN FOR DOWNTOWN
THE ITHACA DOWNTOWN PARTNERSHIP
2003-2010 DEVELOPMENT STRATEGY
THE ROLE OF ART IN DOWNTOWN
One of downtown Ithaca's market niches is as a center for the appreciation and commerce of art.
The role of art in transforming downtown centers across the country is well documented. Here in
Ithaca, there is an opportunity to grow upon a solid base of art programs and art businesses to
create a center of regional and even national prominence.
Downtown is ideally suited to serve as a center for art. Downtown's ambience and aesthetics, its
collection of older commercial buildings, its existing status as a tourist destination and its present
group of art businesses, organizations and programs all make it an excellent candidate for further
art growth and development.
There are several overall art goals for downtown:,
To enable visitors to downtown to experience art on each and every trip;
- To build a critical mass of art businesses that, on its own, can stand as a visitor attraction
and destination draw;
To be perceived regionally and throughout the Northeastern United States as a center for
art.
•
To attain these goals during the period 2003 to 2010, the Ithaca Downtown Partnership will work
with the Ithaca community to:
(1) Continue and work to institutionalize the Art in the Heart of the City annual
sculpture exhibition. Now in its 4th year, Art in the Heart of the City has earned praise for
its breadth and scope. It was cited by Yankee Magazine as one of New York State's must
see attractions for 2003. The IDP will work to grow the exhibition and find a partner to
help co-produce the project.
(2) Build a permanent downtown sculpture collection. Downtown currently has four
permanent sculpture pieces. The goal of the IDP will be to add a new piece of public art to
the permanent collection in downtown each year. Pieces can be held publicly or privately.
(3) Develop a mural art program. The City has already purchased four permanent mural
boxes that the IDP will program with mural art on a rotating basis. It is the goal of the IDP
to add one new mural to downtown each year on either public or private property. The IDP
will also work with the Board of Public Works and the Public Arts Commission to inventory
downtown public structures and pre-qualify possible mural art locations.
(4) Encourage the growth of art galleries. The IDP will work increase the number of public
art galleries(both private and nonprofit)to at least 12.
(5) Encourage art in private buildings and businesses. The IDP will institute a voluntary
program to encourage downtown buildings and businesses to integrate art into the public
spaces. The goal will be to encourage at least 50% of the businesses and major buildings
of downtown to feature art in some fashion.
59
(6) Investigate an art incubator program. The IDP will explore the feasibility of creating a
downtown art incubator program that could cluster studio artists and also serve as a
center for visitors.
(7) Accent art as a key feature in downtown public amenities. The IDP will work with the
City of Ithaca to ensure that, to the greatest extent possible, new or renovated public
facilities, infrastructure and/or street and sidewalk amenities will have built-in art features.
Among the future projects to be targeted are TCAT bus stops and shelters, Commons
entrance improvements and benches and pavilion upgrades.
(8) Champion the creation of satellite art museum. The IDP will investigate the future
feasibility of creating a downtown art museum, most likely a satellite facility from either
Cornell University or Ithaca College.
(9) Organize an ongoing busker program. Public art can also include performance art. The
IDP will work to create an ongoing busker street performer program that seeks to provide
musical or other performance entertainment at key visitor times throughout the year.
60
APPENDIX N
PUBLIC ART RESOURCES AND INFORMATION
The resources below were used in compiling this plan; some of these resources could be used for
the future implementation of the plan.
• Tompkins County Quality of Life 2000, a report of the Tompkins County Quality of Life
Committee, December 2002.
• Community Cultural Assessment, Community Arts Partnership, Ithaca, NY July 2002.
• Project for Public Spaces, Inc., 153 Waverly Place, NY, NY 10014, pps(C�pps.orq,
Cynthia Nikitin, Assistant Vice President, PPS Slide Library
• Making Public Art Work, Cynthia Abramson Nikitin, Sculpture Magazine, April 2000,
http://sculpture.orq/documents/scmagg00/april00/pub/pub.htm This article describes the
charrette process for gathering community input.
• FORECAST Public Artworks, 2324 University Ave.W#102, St. Paul, MN 55114,
www.forecast.orq.
• The Tilted Arc Controversy:Dangerous Precedent? By Harriet F. Senie, U of MN Press
2001.
• 2003-2004 Public Art Program Directory, Renee Piechocki editor, Public Art Network—
Americans for the Arts, 2003, www.AmericansForTheArts.orq.
• Public Art Funding-Developing Percent for Art Programs, Brenda Brown and Mary Rubin,
American for the Arts monograph, December 2000.
• Public Art Review, various issues, http://www.publicartreview.orq/Public Art Review, 2324
University Ave W., #102, St. Paul, MN 55114, also for images of public art.
•
• Public Art 101- Curricular Book, Seattle Arts Commission, October 2001,
www.cityofseattle.net/arts
• Arts in Public Places Policy Manual, City of Brea, CA, June 2001, www.citvofbrea.net
• Austin City Connection, Arts in Public Places Program guidelines,
http://www.ci.austin.tx.us/aipp/quideo3.htm
• New York City Department of Cultural Affairs Percent for Art Program Implementation
Guidelines, December 1985, amended January 1996, NYC Percent for Art Program,
Department of Cultural Affairs, 330 W. 42nd Street,l4th floor, NYC, NY 10036,
www.nvc.gov/html/dcla
• Town of Huntington Public Art Initiative, Public Art Advisory Committee Guidelines and
Administrative Plan, Town of Huntington Division of Cultural Affairs and Huntington Arts
Council, September 2001, John E. Coraor, Director of Cultural Affairs,
icoroar(a�town.h untington.ny.us
• City of Buffalo public art ordinance, Buffalo Arts Commission, 222 City Hall, 65 Niagara
Square, Buffalo, NY 14202
• County of Rockland, NY public art ordinance, Arts in Public Places of Rockland County,
NY, Rockland Center for the Arts, 27 South Greenbush Road, West Nyack, NY 10994,
Julianne Ramos, (845) 358-0877, info@rocklandartcenter.org
• Public Art and Private Development—Report on Program Policies, King County Public Art
Program, Office of Cultural Resources, Smith Tower, 506 Second Ave., Suite 200,
Seattle, WA 98104, 2002, www.metrokc.gov/exec/culture/publicart
• Public Art Seattle interactive cd, http://www.cityofseattle.net/arts/publications/publicart
• The Arts in Public Policy:An Advocacy Agenda, Thomas L. Birch, The NASSA Advocate
2002, The National Assembly of State Arts Agencies, 1029 Vermont Ave. NW, 2nd floor,
Washington, D.C. 20005, www.nasaa-arts.orq
• National Assembly of State Arts Agencies, cultural tourism description, www.nasaa-
arts.org
61
• Public art resources and information continued
• Municipal and State Programs That Support Artists, Noelle Backer, Art Calendar
September 2002.
• Northside Neighborhood Plan "Turning the Corner"first draft April 2002, Leslie Chatterton,
Tim Logue, Northside Steering Committee, Cornell Department of City and Regional
Planning Community Planning Workshop
• Public Art Pittsburgh, Code of Ordinances, http://www.city.pittsburgh.pa.us/artcomm
• Artspace Projects, Inc., http://www.artspaceproiects.org
• Yes in My Front Yard: Community Participation and the Public Art Process, Marie Gee,
High Performance#69/70, Spring/Summer 1995,
http://www.communityarts.net/readingroom/archive/publicartprocess68.php
• Paducah Artist Relocation Program, Paducah, Kentucky Department of Planning, City
Hall, 300 South 5th Street, P.O. Box 2267, Paducah, Kentucky 4200202267, Mark Barone,
Coordinator mbarone(a�ci.paducah.kv.us
• Who's on First?Resolving Problems of Implementation in Public-sector Planning, Craig
Dreeszen, Ph.D., National Endowment for the Arts publications Lessons Learned:Essays,
http://arts.endow.qov/pub/Lessons/Lessons/Dreeszen2.html
• The Planning Process, Creative Montgomery, Arts and Humanities in Montgomery County
MD, http://www.ahcmc.orq/2001/set/process.html
• City of Santa Fe Arts Commission Art in Public Places Program guidelines,
http://www.ci/sante-fe.nm.us/arts/paqe9/html
• Providence Arts and Culture entertainment zones,
http://www.providenceri.com/arts/arts.html
• City of Albuquerque Capital Implementation Program for Public Art Program, Urban
Enhancement Trust Fund, http://www.cabq.gov/cip/cipart/html
• Minnesota Percent for Art in Public Places Program, Minnesota State Arts Board,
http://www.arts.state.mn.us/artists/art9.html
• City of Ventura Public Art Program,
http://www.ci/ventura.ca.us/cityhall/commsrvcs/cultural/pubart/pubart.sht
• City of Laguna Beach Art in Public Places,
http://www.scaq.orq/homepaqes/laquna beach/artaipp.html
• Minneapolis Arts Commission Art in Public Places, http://www.ci.minneapolis
• City of Fort Collins, CO Art in Public Places, South Taft Hill Road Project,
http://www.ci.fort-collins.co.us
• Miami-Dade County Art in Public Places, http://www.co.miami-
dade.fl.us/publicart/about.html
• Cambridge Arts Council Public Art Program conservation and maintenance,
http://www.ci.cambridge.ma.us
• Public Art Fund, New York presenter of artists' projects, http://www.publicartfund.org
• Public Art in Urban Regeneration:An Economic Assessment, Tony Bovaird, Public Art
Observatory Databank, 1999, http:/lwww.us.es.escult/LIBRARY/bovaird.htm
• Broward County Cultural Affairs, Public Art and Design, www.browardarts.net
• APinews, a publication available online reporting on current directions in public art, a
project of the Community Arts Network(CAN), http://www.communityarts.net/api
• Mural Arts Program, Philadelphia, PA—example of mural arts program at
http://www.philart.org
• The Rise of the Creative Class, Richard Florida, Basic Books, 2002
• Public Art Process and Product 1998, a video written and directed by Vincent Ahern,
University of Florida, Contemporary Art Museum
• Public Art Practices, A Reference Guide for Developing Public Art Programs, St. Louis
Regional Arts Commission, 3540 Washington Ave., St. Louis, MO (314)652-5511
62
• Public art Resources and information continued
• Art Plans: Pro Parks and Community Center, Carolyn Law, describes integrating art into
new and renovated parks and community centers in Seattle
http://www.cityofseattle.net/arts/publications/publicart/artsplans
• LA Metro Art, contact Erik Qvale, (213)922-2724, metropolitan transit project
incorporating public art, funded through county, state and federal transit funds
• The Economic Impact of the Arts on New York City and New York State, Alliance for the
Arts, 1997, 330 West 42nd Street, Suite 1701, New York, NY 10036, (212)947-6340
• Volunteer Lawyers for the Arts, One East 53rd Street, 6'h floor, New York, NY 10022,
www.vlany.org
• "Crop Buster", Charles and Thomas Danziger,Art and Antiques Magazine, January 2003,
article discussing art law issues
• The Arts and Smart Growth: The Role of Arts in Placemaking, Funder's Network,
translation paper number twelve, April 2003,www.fundersnetwork.org
or through Grantmakers in the Arts (GIA), gia @giarts.org
Public Art Helps Strenghten Columbus Community, artsPerspective, Ohio Arts Council,
www.oac.state.oh.us
• Percent for Art slide registry, New York City Department of Cultural Affairs, Percent for Art
Program's main resource for selecting artists, www.nyc.gov./html/dcla.
• The Lost Soul Companion, Susan M. Brackney,www.lostsoulcompanion.com, lists Ithaca
13th artist-friendly city
• Michael Kammen, Professor of American History and Culture, Department of History,
Cornell University, McGraw Hall 433, Ithaca, NY 14850, mgk5 @cornell.edu,
Lecture on art, "A Time to Every Purpose: The Four Seasons in American Culture"
• Keeping it Clean;Removing Exterior Dirt, Paint, Stains and Graffiti from Historic Masonry
• Buildings, Anne E. Grimmer, Washington, D.C., National Park Service, 1988
• How Art Economically Benefits Cities and Report Says Nonprofits
Generate$134 Billion in Economic Activity, Project for Public Spaces,
http://pps.orgllbuildings/info/how_to/pub_art/art_impact
• Public Art as a Planning Tool, Maria Luisa de Herrera, Kathleen Garcia, Gail Goldman
http://www.asu.edu/caed/proceedings97/herrera.html
• Public Art consultants, Via Partnership. LLP, P.O. Box 23167, St. Louis, MO 63156, (314)
664-5902, art@viapartnership.com
• New York State Culture Zone Project, Executive Director, Alliance of New York State Arts
Organizations, (631)298-1234, http://www.thealliancenys.org
• Alliance of Artists' Communities, www.artistcommunities.org, 503-797-6988
• www.artswire.org, online education and technical support resources for artists
63
APPENDIX 0
SAMPLE ORDINANCES
This section contains copies of percent for art funding ordinances from Buffalo, New York,
Rockland County, New York and the City of Lawrence, Kansas as a reference for future
consideration.
64
ART IN PUBLIC PLACES COMMITTEE
do Rockland Center for the Arts
27 South Greenbush Road
West Nyack, New York 10994
C. Scott Vanderhoef, County Execi.
LOCAL LAW NO. 6 OF 19 8 6
COUNTY OF ROCKLAND
STATE OF NEW YORK
A local law providing for a percent for arts amendment to the administrative code.
Be it enacted by the Legislature of the County of Rockland as follows:
Intention and Policy:
A. Whereas, art and culture are basic human needs, and the encouragement and protection of its
art and culture are as important a part of our government as the encouragement and protection of
industry, labor, the environment and other resources;
B. Whereas, the arts know no boundaries and when they flourish, they demonstrate our joy at
being free men and women challenged and stimulated by awesome individual expressions of
creative power;
C. Whereas, a public art program is one of the finest contributions a government can make to its
citizens since it provides the community with a unique identity, civic pride and thought-provoking
cultural landmarks, as well as a sense of community cohesion;
D. Whereas, in our democratic society, all the people, not just an elite few, have the right to be
participants in the arts and it becomes the duty of government to create access to, and encourage
participation in, arts and culture;
E. Whereas, many states, cities and counties throughout the United States, as well as the federal
government, have adopted percent-for-art ordinances, whereby a specified percentage of the
budget for new government construction and major renovation projects is allocated for the
commissioning or acquisition of works of art, indicating conscious efforts by elected officials and
community leaders to enhance the visual environment.
Section 1. Funding
Capital projects, whether funded by capital funds or operating funds, shall include the
appropriation of funds equal to one percent of the cost of the project for the first fifteen million
dollars appropriated, said funds to be appropriated for the acquisition, maintenance and
management of public art, except where the appropriating resolution, bond resolution, or budget
may provide otherwise; provided, however, where applicable, such amount shall be reduced to the
extent that state or federal government funds are not authorized to be used for such purpose.
Section 2. Definitions
A. "Capital Projects"shall include:
(1) new construction of a building or of additional space added to a building;
65
Rockland continued
2) any reconstruction or renovation of a building or part of a building equal to or exceeding in
cost, fifty thousand dollars;
(3) any other project, the intended use of which requires that it be accessible or visible to the
public, including but not limited to drainage, roads, parks and bridges, excepting therefrom sewer
lines;
(4) projects shall not include those which are solely for rehabilitation of equipment;
B. "Cost of a project" shall include architectural and engineering fees, site work, and contingency
allowances for a project, but shall exclude land or building acquisitions and subsequent changes
to the project unless such subsequent changes exceed fifty percent of the initial cost of the
project.
C. "Public art" shall include any application of skill and taste to production of tangible objects
according to aesthetic principles including, but not limited to, paintings, sculptures, engravings,
carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries,
photographs, drawings and ceramics.
This law shall apply to all capital projects in each annual budget of Rockland County as defined by
this local law.
Section 4. The Art in Public Places Committee
A. There shall be an Art in Public Places committee(hereinafter referred to as the"committee")
consisting of eleven members appointed by the County Executive, who shall serve at his or her
pleasure, subject to confirmation by the county legislature. The chairperson of such committee
shall be selected by the county executive from the members of the committee for a term of one
year. The county executive, the chairperson of the legislature, the chairperson of the arts, culture
and tourism committee of the legislature, the majority leader and minority leader or their
designees, shall serve as ex-officio voting members of the committee.
B. The members shall be experts in the fields of art, art history, architecture or architectural
history.
Section 5. Committee Duties
A. The committee shall prepare a master art plan to insure a coherent acquisition program and
implementation guidelines both of which shall be approved by the Rockland county legislature. All
acquisitions and sales of public art shall be in accordance with the master art plan and
implementation guidelines. The committee shall recommend acquisitions and shall oversee the
public education and curatorial aspects of the acquisition program. The Arts Council of Rockland
shall serve as coordinator for the program. The Art in Public Places committee shall deliver an
annual report to the county executive and the Rockland county legislature.
B. The committee shall choose the methods of acquisition of public art for each project. Such
methods of acquisition may include, but are not limited to, projects of pre-existing art, direct
commission, art competition or acceptance of donations.
C. The committee may, for each capital project, convene a panel comprised of at least three
members of the committee, one of whom shall be designated chairperson. The committee may
also appoint additional art experts as members of the panel. The committee may also appoint
additional members to the panel to serve as advisors, who may be community representatives,
county employees, project managers or others who will have frequent contact with the public art
when it is completed. The architect or engineer of the project shall be an ex-officio member of
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Rockland continued
each panel. The panel shall review the scope of each project and shall make recommendations to
the committee on the nature of the public art to be considered for the project, on the specific artist
and the specific art for each project, and what portion of the budget for each project shall be used
for refurbishing or restoring existing works of art or to be set aside for the maintenance of a work
of art.
D. The acquisition and siting of all art work shall be approved by the county executive and the
county legislature.
Section 6. -Use of Funds
The use of any funds appropriated for any project for public art purposes shall be in accordance
with the master plan, except that any such funds provided from the proceeds of county serial
bonds or notes shall be used only for public art purposes related to the project for which such
bonds or notes were authorized. To the extent the total appropriation of a project is not used for
the acquisition of works of art for said project, upon the approval of the county legislature the
remainder may be used for:
(1) arts program administrative costs, insurance costs or for the repair and maintenance of any
works of art acquired under this law, or
(2) to supplement other appropriations for the acquisition of works of art under this law or to
place works of art in or near government facilities which have already been constructed.
Note: Section 6, paragraphs 1 and 2, were later found to be contrary to state laws
governing use of bonded funds. Therefore, all bonded funds used for public art purposes
shall be used only for site-specific art. Remaining project funds may be turned back into
the general fund of Rockland County upon approval by the county legislature.
Section 7. Ownership and upkeep
Ownership and title of all works of public art acquired by the county under this local law shall be
vested in the county of Rockland.
Section 8. Effective date
This local law shall take effect immediately upon approval of the county executive in accordance
with the appropriate provisions of the Rockland county charter and the Rockland county
administrative code and the municipal home rule law, where applicable.
67
ART IN PUBLIC PLACES PROGRAM
CITY OF BUFFALO
RULES& REGULATIONS*
The Buffalo Arts Commission presents the following rules and regulations for the selection of
public art, pursuant to Chapter 409, Article II, Section 409-7, to The Buffalo Common Council and
Mayor Anthony Masiello.
Members of the Subcommittee and Committees responsible for the drafting of these rules and
regulations are: Christine Tebes, Chairperson, Judy Beecher, David Granville, David Hayes
(corporate counsel), and Nan Clarkson and Margaret Roblin.
An outline of the proposed rules and regulations are as follows:
1. History
I. The Ordinance
II. Definitions
III. Policies
IV.Overview of Responsibilities
V. Criteria
VI. Composition of APP Committee
VII. Development of An APP Project
VIII. Review of the APP Committee's Recommendation
IX. Project Implementation and Documentation
X. Eligible Costs
XI. Ineligible Costs
XII. Maintenance of Works of Art
XIII. Ownership
*Approved CCP 2/22/00 413
68
City of Buffalo Art in Public Places Program
Rules and Regulations
I. History:
On July 27,1999, The Common Council of the City of Buffalo passed an ordinance amendment to
Chapter 409 (Statues and Monuments)which establishes a policy to direct the inclusion of works
of art in public projects in the city.' Mayor Anthony Masiello signed the legislation making the
article effective on September 1, 1999.
The intent of the legislation is to expand Buffalo's citizen experience with visual art, while
encouraging artists capable of creating such art, and enhancing Buffalo's standing as a regional
leader in art. While Buffalo has several fine examples of public art most notably, the artwork in
Buffalo's Metrorail Stations, this is the first time that legislation directly supporting the inclusion of
public an in the city has been enacted.
II.The Ordinance:
Chapter 409, Article 11, Section 409-2 establishes the Arts in Public Place Program, and provides
for the set-aside of"an amount of One Percent(1%)of the total budgeted construction and design
cost of the Capital Improvement Project", the total of which"is equal to or greater than One Million
Dollars,"(See. 409-3) be set aside for works of arts in public places.
"Capital Improvement Project means any capital project paid for wholly or in part by the City of
Buffalo to construct or remodel any building, decorative or commemorative structure, park, plaza,
bridge, sidewalk, pedestrian mall, parking facility or any portion thereof within the limits of the City"
(See. 409-5). This includes multiphase projects on a single project site.
The amount of 1% is to be used for"the planning, design, construction, repair and maintenance of
the works of art- (See. 409-3).
The ordinance calls for the creation of an ad hoc Art in Public Places(APP) Committee of arts
professionals for each capital improvement project(Sec. 409-6). Its responsibility is the proposed
selection and placement of works of art pursuant to the rule and regulations promulgated by the
Buffalo Arts Commission (See. 409-7).
The ordinance notes that works of art may either be permanently or temporarily attached or
detached within or about any capital improvement project or other city owned, leased or rented
property. While the APP Committee shall authorize placement of works of art, final placement
shall be subject to any necessary conditions as set by the Commissioner of Public Works
(Sec. 409-8).
The ordinance allows the Common Council to waive the requirement of setting aside 1%when it
appears that a project is not appropriate for its application (See. 409-4).
III. Definitions:
APP means Art in Public Places.
Commission means the Buffalo Arts Commission.
APPC means Art in Public Places Committee.
APP Coordinator is the Executive Director of the Buffalo Arts Commission.
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Buffalo continued
Project Consultant is the coordinator chosen either by the City of Buffalo or the developer(or
both), to oversee the capital project.
APP Program refers to the Arts in Public Places initiative that was established by the Ordinance,
Chapter 409, Article 11, Section 409-2.
IV. Policies:
A. Relationship to Site:The Commission views the APP program as a dynamic process in which
artists are challenged to respond innovatively to Buffalo's unique weather.
1. In order to encourage works that respond to the city's rich physical settings and diversity of
public sites, the commissioning of new works shall have priority over the purchase and siting of
existing works.
2. Collaboration between artists and architects in the design process shall be encouraged to
promote the integration of the work of art and the site.
B. Diversity: Recognizing the multi-cultural nature of Buffalo's population, the Commission shall
promote diversity and pluralism in APP and shall encourage as wide a range of expression as
possible.
C. Responsibility to the Community:The Commission recognizes that works of art often
significantly alter public places, becoming a major new presence in the environment, and will,
therefore, review proposed works of art as to their effect on public usage as well as on
neighboring sites.
D. Professional Conduct:The Commission shall oversee the acquisition of public art on the
basis of informed and carefully considered professional judgment.
E. The Private Sector. The Commission shall consider donations of works of art based upon the
criteria and policy set forth herein.
V.Overview of Responsibilities:
A. The Executive Director of the Commission shall make periodic reviews in cooperation with
other city departments, at least annually, of all capital improvement projects for the purpose of
making recommendations regarding appropriations for works of art and arts projects.
B. The Art in Public Place Committee(APPC), through the Commission, shall recommend to the
Mayor and the Common Council a method or methods of selection and commissioning of artists
with respect to the designs, execution and placement of works of art in connection with public
improvement projects
C. All recommendations for the placement of art projects shall be the initial responsibility of the
APPC. The same shall be reviewed by the Commission and appropriate contracts submitted to
the Executive Director of the Commission with the Commission's recommendation.
D. The primary functions/responsibilities of the APPC are to make recommendations regarding
appropriations for works of art through the Commission.
VI.Criteria:
A. All APP projects are open to any artist, except members of the Commission, APPC, or
employees of the City of Buffalo, all which shall be excluded from consideration.
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Buffalo continued
B. Artists shall be selected on the basis of the appropriateness of their proposal to the particular
project and its probability of successful completion, as indicated by the merit of their past work. In
the case of the design team approach, an artist's willingness to fully participate in a collaborative
process shall also be considered criteria for selection.
C. In making its selection, the APPC shall bear in mind the purpose of the APP Program, always
aiming to achieve the highest aesthetic quality.
D. The APPC shall, in making its selection, give due consideration to the appropriateness of the
proposed design. in terms of its scale, form, and content with respect to its immediate and
general, social and physical environment.
E. Community input may be solicited, when and where deemed appropriate by the Commission.
F. The APPC shall also give due consideration to the proposed design regarding its materials and
construction for questions of durability, maintenance, public access, appropriateness, safety, and
security.
G. The assurance that the agreed upon project budget will be met.
H. The aforementioned criteria are the minimum criteria on which the APPC shall base its
selection. Other criteria may by established by the APPC as dictated by a project's particular
requirements. Any additional criteria shall be outlined in the APPC's written instructions with its
RFP.
VII.Composition of the APP Committee:
The APPC, appointed by the Commission, shall have seven (7) members and serve as all ad hoc
committee of the Commission. The APPC shall be comprised of one representative from the
Commission and others as the Commission might appoint. At a minimum the Committee's
membership shall include five(5)visual art professionals, two of whom shall be representatives
from the environmental design fields (architecture, landscape architecture, urban
planning/design.)
Selection of the committee members shall reflect the ethnic, artistic, economic, and demographic
diversity of the community. "Each member shall be a professional in the fields of art, architecture,
art history or art conservation" (See. 409-6). Panelists shall serve on an ad hoc basis, serving no
more than twice every five years. No member may be a"seller of, or work for, a seller of public
art," (Sec. 409-6) but should have experience with and knowledge of the arts and arts community.
Administration of the APP Program shall come from the office of the Executive Director of the
Commission. The Executive Director of the Commission shall serve ex-officio without vote, and as
Coordinator for the APPC. The Chairperson shall be a member of the Commission. A quorum of
APPC members shall be required whenever any vote is taken. Minutes shall be recorded for each
APPC meeting.
VIII. Development of An Art in Public Places Project:
Art in Public Places projects may occur in, at, or near public buildings, parks, and open spaces.
These may be sites which are under development or existing sites where construction is
complete. The APP Coordinator shall, on an on-going basis, actively explore potential sites for
APP projects. In so doing, he or she shall seek the input of various city departments as well as the
community at large.
Once an APP project is identified, information will be disseminated as appropriate through the
media and mailings well in advance of the selection process to provide artists adequate time to
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Buffalo continued
prepare any necessary submissions of their designs. For sites under development, it is preferable
to involve the artist in the earliest phases of the design process to ensure a totally integrated
approach. Therefore, at the earliest time possible, all city departments shall inform the APP
Coordinator of proposed or planned eligible construction projects.
The city department responsible for an eligible construction project shall subsequently keep the
Coordinator apprised of the selection of the Project Consultant. Additionally, provisions for the
artwork project shall be appropriately included in the design program for the construction project.
The development of an APP project and subsequent selection of an artist shall commence
immediately upon the selection of the Project Consultant.
Once a project is identified, the APPC with the Coordinator shall recommend to the Commission,
in the form of a written prospectus, the overall approach and selection process. This prospectus
will strive for a solution that will allow for the artwork,whether purchased or commissioned, to be
appropriate to the particular project site. The prospectus can provide for the direct purchase of an
existing work(s) of art, the selection of an artist(s)to complete a specific work(s) of art, or the
selection of an artist(s)to participate in a design team.
A. The APP Coordinator shall research the background of each project, consulting, as necessary,
with the city departments, project consultant, project manager, and community representatives.
This information shall be utilized for formulating parameters regarding:
1. Recommended format for participation of the artist in the construction project's design
process and/or media.
2. Recommended location(s)within the site. Siting of the artwork may be determined prior to
the selection of an artist, or proposed by the artist selected for the project. In the case of sites
under development, it is preferable to allow the artist and the Project Consultant to coordinate the
location of the artwork within the construction project. In the case of existing sites where
construction is complete, the final location shall be determined by agreed the city departments
involved, the artist, and the APP Coordinator. In either case, whenever possible, the artist
selected should be given the opportunity to recommend siting of the artwork.
3. Maintenance assessment of the potential for vandalism and/or accidental damage at the
project site.
B. The APPC shall, with the assistance of the APP Coordinator, determine the method of artist
selection to be used for each project. Consideration should be given to choosing a method that is
timely and appropriate to the site.
1. The APPC shall maintain the following general guidelines regarding the methods of artist-
artwork selection: a. Open Entry competition -Any artist is eligible to enter, with recognition of the
possible residency requirement. Artists submit slides of their past work, resumes, and letter of
intent related to the specific project, or specific proposals for the project under review. The site
and prospectus are appropriately advertised.
b. Limited Entry Competition -The APPC invites a limited number of artists to participate in
the selection process. Artists submit slides of their past work, resumes, and letter of intent related
to the specific project or specific proposals for the project under review. The names of the artists
invited to participate shall be publicly announced upon receipt of written acceptance of the
invitation.
c. Direct selection of the Artist-An artist is invited to participate in the project and may be
asked to develop a proposal for the project. If desired, a team of artists may be put together.
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Buffalo continued
d. Direct Purchase of an Existing Artwork-A completed work of art is purchased. No more
that ten percent of the cost of the work may go toward a dealer or agent.
2. The APPC shall establish and the APP Coordinator shall maintain an open slide registry for all
artists interested in being considered for commissions through the APP Program. The slide
registry may serve as the primary resource in the competitive selection of artists/artworks.
3. In the case of a limited competition-and direct selection, an artist may be asked to develop an
artwork proposal for a specific APP project, in which case the artist may be paid a proposal fee on
the basis of an approved fee schedule. This schedule shall be determined by the APPC, and
consist of sliding schedule based on the total project commission.
IX. Review of the APP Committee's Recommendation:
The APP Committee's recommendation shall be transmitted to the Commission in the form of a
written report. The APP Coordinator, along with the APP Chairperson, shall be responsible for the
preparation of this information. In reviewing the APPC's recommendation, the Commission shall
take into account the APP's Policies and Criteria, as previously stated.
The Commission shall review the APPC's recommendation to determine if the process for
selection was properly implemented. If the Commission determines that the procedure for
selection was improperly implemented, the Commission shall return the decision back, in writing,
to the APPC for clarification. Individual aesthetic preferences/differences by members of the
Commission shall not be basis for this action.
Prior to the APPC's transmittal of its recommendation to the Commission, the Commissioner of
Public Works, and the city's managing departments responsible for housing the work shall be
requested to review the proposal for technical feasibility and maintenance expenses. In cases
where legitimate problems are demonstrated to the satisfaction of the APPC, the committee may
be reconvened to select an alternative work.
Upon completion of its review, the Commission and the APPC shall jointly forward its
recommendation to the Common Council and the Mayor.
X. Protect Implementation and Documentation:
A. Upon approval of the APPC, the Commission, the Common Council and the Mayor, The City of
Buffalo shall contract with the artist(s)for services and installation of a specific artwork. In general,
APP project contracts shall require the artist(s)to produce, deliver, and install a work of art for a
guaranteed maximum cost, and by a predetermined time which is keeping with the construction
project schedule.
Depending on the nature of the project, work by the artist may be contractually ensured through
phased payment for work completed and/or professional liability coverage. The APP Coordinator
and the artist shall review the budget to ensure that all necessary costs are met. The artist may be
asked to make a public presentation at an appropriate time and in an appropriate forum in the
community where the work is to be sited.
B. Prior to the construction of a work of art, the artist must obtain written approval of the final
design by the APPC and the Commission. In the case of an artist who has contracted with the City
of Buffalo to produce a specific work of art; written approval of the design prior to the signing of
the contract shall be considered sufficient. If, however, the design changes substantially from that
which was initially approved, the artist must return to the APPC for subsequent review. The APPC
and tile APP Coordinator shall have full authority to determine what constitutes a substantive
change in the design.
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Buffalo continued
B. continued
In the case of a design team approach, it shall be the primary responsibility of the artist and the
project consultant to collaborate on the design of the artwork and its relationship with the site. The
artist shall be required to bring the design, in its formative stages, back to the APPC for review.
This review shall appropriately parallel the consultants presentations of the schematic, design
development, and construction documents to all appropriate city hall departments. The stage at
which final approval of the design occurs will vary from project to project, and shall be specifically
set out in the artists contractual agreement with the City of Buffalo.
C. On site activity in connection with the installation of artwork shall be handled by the artist, the
APP Coordinator, and the appropriate city department representative.
D. The APP Coordinator shall function as a liaison between the artist and the various city
departments involved in the completion of the project. In instances where construction matters
cannot be resolved between the artist and the consultant, the APP Coordinator shall mediate, with
input from the Commissioner of Public Works.
E. The APP Coordinator shall establish and maintain appropriate records on each project, which
shall include the contract with the artist, records of the APPC and the Commission's actions,
interdepartmental agreements, all billings made in connection with the project and all
correspondence related to the project. In addition, the APPC Coordinator shall maintain records
particular to the project to ensure adequate standards of documentation, registration, care, and
installation of the artwork.
XI. Eligible Costs:
A. All APP contracts shall require the artist to design, produce, deliver and install a work of art for
a guaranteed maximum cost. Therefore, the following costs are eligible expenditures for the 1%
monies included in total project commission:
1. The work of art itself, including but not limited to:
a. Artist's fee;
b. Additional fees including: additional labor, materials and contracted services required for the
production and installation of the the work;
c. Artist's operating expenses related to the project;
d. Travel related to the project;
e. Transportation of the work to the site;
f. Installation of the work.
2. Identification plaques and labels.
3. Frames, mats, mountings, anchorage, pedestals, or materials necessary for the installation,
location or security of the work of art.
4. Photographs or slides of the completed work for the purposes or routine documentation of
the project.
5. Permits or fees necessary for the installation of the work of art.
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Bufflalo continued
6. Legal costs directly related to the project.
B. In addition, the 1% monies are to be used for the selection, acquisition, and maintenance of
the work of art. Therefore, the following items are eligible expenditures for the 1% monies:
1. The project specific costs of the APP Program associated with the selection and acquisition
of artwork.
2. Payment for artists invited to submit proposals for a project. This amount shall be
determined in advance by the APPC.
XII. Ineligible Costs:
The following expenditures are not allowable towards the 1% monies included in the total project
commission:
A. Directional elements such as supergraphics, signage, or color-coding except where these
elements are integral parts of the original works of art.
B. Arts objects which are mass-produced of standard design such as playground equipment or
fountains.
C. Reproductions, by mechanical or other means, of original works of art, except in cases of film,
video, photography, printmaking, or other media arts.
D. Decorative, ornamental, or functional elements, which are designed by the building consultant
as opposed to an artist, commissioned for the purpose.
E. Landscape architecture and landscape gardening except where these elements are
designed by the artist and are an integral part of the work of art by the artist.
F. Services or utilities needed to routinely operate or maintain the artwork over time.
G. Project Consultant's fees.
H. Modifications in or improvements to building surfaces or structural elements of the building.
I. General administrative costs of the APP Program, those which are not directly related to a
specific project.
XIII. Maintenance of Works of Art
A. The Commission shall make an annual review of the City's Public Arts Collection for the
purposes of a maintenance needs assessment. The Commission shall communicate those needs
to the appropriate city hall departments.
B. The works of art acquired through the APP Ordinance become the property of the City of
Buffalo and are held in trust by the Commission. Expenses associated with the routine
maintenance and operation of each artwork shall be incurred by the appropriate city hall
department and considered to be part of the routine maintenance of the facility. The Commission
shall conduct a yearly review of all such routine maintenance which shall be understood to include
such things as the periodic cleaning of a work and operational costs such as water, in the case of
a fountain.
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Buffalo continued
No routine, or other maintenance, or repair work shall be performed by any city hall department
without the prior written consent of the APP Coordinator, and consultation with a conservator
selected by the Commission. Additionally, no city hall department shall not remove the artwork
from display, without the prior written consent of the Commission, and in conformance with legal
restrictions regarding the source of funds for that work of art.
C. Insofar as possible, in the event the repair of the artwork is required, the City shall consult with
the artist concerning that repair. The repair shall be carried out by a qualified conservator. The
conservator shall be selected by the Commission through an RFP solicitation for bids and
subsequent award of a contract to the one presenting the lowest and the most reasonable bid.
XIV.Ownership:
All artwork and art projects acquired pursuant to the APP Program shall be acquired in the name
of the City of Buffalo, and title thereto shall vest in the City of Buffalo.
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LAWRENCE ARTS COMMISSION
City of Lawrence, Kansas 2%for Art
ART SELECTION COMMITEE PROCED URE MANUAL
Program Background and Introduction
The Lawrence 2%for Art program was established in 1987 to fund the purchase and installation
of visual arts in public places. The resolution that currently governs the program authorizes the
City Commission to set aside up to 2%of the city's capital improvement costs for art acquisition. It
makes the Lawrence Arts Commission responsible for the art selection process, through an art
selection committee, and gives final approval of recommended selections to the City Commission.
The protocol described in this manual was developed by the Arts Commission in 1997, on the
basis of experience gained in making earlier selections, for use in making future selections.
Art Selection Committee
The governing resolution requires the Arts Commission to establish a subcommittee composed of
a cross-section of the community for each art selection project. It is the responsibility of the Arts
Commission member who will serve on an art selection committee to form the committee. Where
appropriate, the Arts Commission member will work with persons with particular interest in the
project in selecting members of the committee. It is the art selection committee that, after a
thorough consideration of the particular site and its function, selects the artists(s) and/or artwork
to be recommended.
Each selection committee member plays a vital role in placing permanent art of the highest
possible quality in public places. To ensure the quality of its ultimate selection(s), each member
must be committed to artistic and aesthetic excellence. Selection committee membership also
demands commitment to enhancing the character, distinction, and quality of our community and
commitment to stimulating citizens' enjoyment and understanding of the creative process and
products.
Where the artwork is to be integrated into or installed in conjunction with a structure, the art
selection committee should include those persons from among the following individuals who are
interested in participating in the selection process:
project architect,
representative of the contracting agency, e.g., a parks& recreation staff
member,
representative of the resident agency(if different from the contracting
agency),
a member of the Lawrence Arts Commission,
one or more representatives of the immediate neighborhood,
- one or more artists,
persons who have volunteered to serve on a committee, and
- persons with a particular interest or involvement in the site.
Committee membership is not limited to persons from this list. Each member must be prepared to
participate in a number of meetings and to participate throughout the selection process, which
may be a protracted one. All members possess equal voting power.
Administrative functions for the committee will be performed by representatives of the contracting
and resident agencies and the member of the Arts Commission with the cooperation of other
committee members. Administrative functions include(1) meeting organization and notification,
(2)communication with the City Commission and staff, (3) preparation and distribution of
Requests for Proposals, and (4) receiving, maintaining, and returning materials submitted by
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Lawrence, Kansas continued
artists. For the tasks of communicating with selected artists and overseeing installation of
artworks, the project architect also will be actively involved.
Art Selection Process
The process needs some flexibility in order to accommodate the varying natures of individual
projects and participants, but generally it will work as described.
Get to Know the Program and Project
Committee members'first task is to become familiar with the 2% for Art program. Studying the
project is the next step. At the first meeting; the architect and a representative of the resident
agency should lead an in-depth discussion about the space and the activities which occur there.
Identify Sites and Suitable Media
In most cases there will be a fixed amount of money allocated for the project. The committee
must decide how best to use the budgeted amount. In order to do so, the committee will identify
specific locations for artwork and the type of art most suitable for those locations. The committee
also will identify and budget for expenses that will be necessary for permanent public display of
the artwork, such as installation and labeling. The combined factors of budget and identified
locations will form a basis for the committee's deciding how many and what types of artworks to
solicit proposals for.
Determine Selection Method
The governing resolution permits three methods of selection: open competition, limited
competition, and direct selection. The committee's choice should take into consideration the
budget, any limitations, and any special or peculiar aspects of the project.
(1) Open Competition. A Request for Proposals is written that details specifics of the project
and the committee's directives and preferences as well as instructions and requirements for
submitting proposals. The Request for Proposals is sent to artists, and the opportunity is
advertised. This represents a critical step in the decision-making process for a committee that
uses the open selection method. If the Request for Proposals is drafted by fewer than all
members of the art selection committee, the draft should be studied and approved by the
committee as a whole. Clear presentation of adequate information about the project in the
Request for Proposals will help ensure high quality and suitable submissions. Artists should be
required to submit slides or photographs of examples of their completed work as well as
proposals for the project. Requests for Proposals from other projects will be available for the
committee to use as examples. Distribution of the Request for Proposals determines the field of
artists who will participate in the competition, and the committee should make a conscious
decision whether and how to limit distribution. Mailing lists that have been used for other projects
will be available. The committee should consider whether updating is required and whether use of
any specialized lists or methods of advertising would be likely to enhance results for the project.
(2) Limited Competition. A select group of artists may be invited to submit materials to the
committee for review and final selection.
(3) Direct Selection. The committee may directly select an artist or artwork for commission.
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Lawrence, Kansas continued
Reviewing Artists' Submissions
While considering the artists'submissions, the art selection committee members should keep the
following in mind:
- appropriateness to the project site(content, scale, etc.),
- durability of design and material (exposure to weather, sunlight, etc.),
- overall quality of work(artistic excellence, technical excellence, etc.),
- demonstrated ability to design and execute large scale work (if applicable),
- accessibility(physically and intellectually),
- timelessness(work that is not fad or transitory),
- public safety and ADA regulations,
- maintenance requirements and resistance to vandalism,
- adherence to budget, (including all installation costs),
- lighting requirements, and
- demonstrated willingness and ability to work cooperatively with architects,
contractors, etc.
The committee will review all submitted materials that meet the Request for Proposals
requirements. The merits of completed works and proposals will be debated. Committee
members may choose to devise and employ a ranking system. The committee may make
the final selection. If so, a majority vote of participating committee members is necessary
for artist or finalist selection. In the alternative, the committee may narrow the field to
finalists and leave final selection to a public poll. In either case, artists may be asked to
submit more detailed proposals or to make some modifications to proposals.
Receiving Public Comment
It may be desirable, although not required by the governing resolution, for the art selection
committee to seek the input of other citizens. Proposals that are final selections of the committee
may be displayed for public viewing, and written comments may be invited. Based on the
comments, the committee may request that modifications be made to proposals before the city
and an artist enter into a written contract. If the committee has narrowed the field to finalists rather
than making a final selection or selections, the finalists' proposals will be publicly displayed so that
citizens can make written comments and express preferences. If this method is used, the
proposed design selected by the greatest number of persons who express a preference in the
designated manner will make the final selection.
Presenting Selection to the Arts Commission and City Commission
The Arts Commission member of the art selection committee will be responsible for keeping the
Arts Commission advised of each step in the selection process. He or she also will be responsible
for presenting the final selection(s)to the Arts Commission. The final selection will be
recommended by the Arts Commission for City Commission approval unless the Arts Commission
determines that there has been some significant deviation from this protocol by the committee.
When the selection(s)of the art selection committee is under consideration by the Arts
Commission, the Arts Commission member of the committee will not be eligible to vote with the
Arts Commission. Before the Arts Commission's recommendation is made to the City
Commission, the artist(s)will meet with the city's legal adviser to examine the contract terms for
the purchase. The Arts Commission's recommendation to the City Commission will be made at a
regularly scheduled City Commission meeting. A representative of the art selection committee will
announce the selection(s)to the City Commission and may introduce other committee members,
introduce the artist(s), and describe the selection process.
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APPENDIX P
PUBLIC ART COMMISSION MEMBERS 2002-2003
Terry Plater, Chairperson
Terry Plater, Associate Dean for Academic Affairs in Cornell University's Graduate School, has
lived and worked in Ithaca for nine years. Trained as a professional architect and planner, she is
also a practicing artist and a member of the Greater Ithaca Art Trail.
Leslie Carrere, Commission Member
Leslie Carrere is a graphic designer and owner of Lunamedia. She serves as art director of
Training and Conditioning magazine, a national sports publication. She has also been an art
teacher and holds a BFA and MA from Cornell University. Her thesis focus was"Collaborative Art
with Community." She also has been active on local not-for-profit boards, currently with the Light
in Winter Festival board.
Sally Grubb, Commission Member
Sally Grubb is an administrator for the Tompkins County Public Library Foundation. She also
serves as a school board member for the Ithaca City School District and coordinates the Forest
Home Chapel Craft Fair each year. A long time community volunteer, Sally also has coordinated
the Ithaca Festival, created the Corner Book Store window displays and served on the Centennial
Arts and Culture Committee.
Barbara Mink, Commission Member
Barbara Mink is a painter and member of the Greater Ithaca Art Trail and the State of the Art
Gallery. Barbara is also a lecturer in the Cornell University Business School. She served for
several years on the Tompkins County Board of Representatives. She is the driving force behind
the upcoming Light in Winter Festival.
Alan Nemcek, Commission Member
Alan Nemcek is owner of Decorum, a furnishings store at 124 The Commons that features local
artists' handicraft. Alan is a former music teacher and has acted on local stages for such theaters
as the Hangar Theater.
Susan Blumenthal, Common Council liaison
Susan Blumenthal has been on the Common Council since 1996 and has served as the Council
liaison to the commission since 1999. As Chair of the Planning and Economic Development
Committee until 2001, Susan played a leading role in laying the groundwork for development in
downtown, Inlet Island, the West End, and the Southwest areas of the city. Susan also
spearheaded the ordinance changes in 1999 and 2002 that led to the writing of this plan. Her
training is in city planning.
JoAnn Cornish, City staff liaison
JoAnn Cornish, liaison from the city staff, serves as Deputy Director of the City of Ithaca's
Planning and Development Department and has been trained as a landscape architect and
planner. JoAnn has been actively involved in the Ithaca Downtown Partnership's"Art in the Heart"
and serves as the City's staff person for coordinating the City's permanent art collection.
Richard Driscoll, Community Arts Partnership liaison
Richard Driscoll is a liaison from a key partner agency, the Community Arts Partnership(CAP),the
arts council for Tompkins County. He has served as CAP's executive director since 1990. An
equity actor, Richard has been seen on the Kitchen, Hangar, and regional theater stages. Richard
has also served as three years (two as chair)on the review panel for the State and Local
Partnership Program of the New York State Council on the Arts.
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Gary Ferguson, Ithaca Downtown Partnership liaison
Gary Ferguson is a liaison from a key partner agency, the Ithaca Downtown Partnership (IDP).
He has served as IDP's executive director since 1999. The Ithaca Downtown Partnership is the
community organization charged with the management, promotion and revitalization of downtown
Ithaca. Among its many programs is"Art in the Heart of the City", an outdoor/indoor temporary
sculpture exhibition held each year from June—December. Gary also serves as board member
and chair of the City Affairs Committee of the Chamber of Commerce, a trustee of the Tompkins
County Public Library, a board member of Historic Ithaca, Inc. and a board member of the
Sciencenter.
Martha Frommelt,consultant
Martha Frommelt has been involved in arts in education and comprehensive arts planning
projects in Minnesota and New York. She was program director for the Minnesota State Arts
Board's Art in Education Program. Martha has also worked for the Chemung Valley Arts Council,
and as consultant for the Ithaca City School District and the Community Arts Partnership.
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