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Cary Town Council - January 26, 2010

DRAFT
Contact the town clerk at (919) 469-4011 for official minutes

Town Council Public Art Master Plan Work Session

January 26, 2010

Conference Room 10035

316 N. Academy Street, Cary, N.C.

 

Present: Mayor Harold Weinbrecht, Council Members Gale Adcock, Don Frantz, Jennifer Robinson, and Jack Smith

 

Council Member Erv Portman participated in the work session by speaker phone.

 

Mayor Pro Tem Julie Robison arrived late and her arrival is noted in the minutes.

 

Mayor Weinbrecht called the meeting to order at 5:31 p.m.

 

Mr. Lyman Collins of the Parks, Recreation and Cultural Resources Department (PRCR) introduced consultant Jennifer Murphy of Citi Arts, a Public Art Master Planning, Administration and Urban Planning firm in Charlotte, North Carolina.  He reviewed the agenda and purpose of the work session, which is to afford council the opportunity to provide their perspective on the Public Art Master Plan. (Staff’s PowerPoint presentation is attached to and incorporated herein as Exhibit A.)

 

Robison arrived at this point in the meeting at 5:32 p.m.

 

Murphy provided an update on the master plan and reviewed the community process and recommendations. The plan, program and vision were created utilizing input from the council, staff and citizens. The first step of creating a program is creating guidelines.  Citizens want art integrated into the environment and public art should be part of the thought process for future projects.

 

Murphy reviewed her work to date, including observations, successes and challenges. She reviewed the funding method, noting that the Town’s funding practices work well and are a testament to the staff. The standard project funding is one to two percent. The idea of pooling funds is to create larger projects with more emphasis.

 

In reviewing the current processes, she stated that the artist selection panels are an important part of the process and cited two recent case studies in Cary.

 

Murphy said that community input is needed when updating the Public Art Master Plan. She suggested using a Charrette process as part of the conceptual design phase. The artist works together with a team, inclusive of staff, hired consultants, and council, allowing each to contribute to the development and design of a project as well as developing a rapport with the artists.

Council Discussion:

 

a.   Consideration of Creating an Ordinance/Policy

Robinson asked for a definition of ‘institutionalized’ as mentioned by the consultant. Murphy said it refers to more thought about public art being consistent with every project, such as signage.

 

Adcock asked if the funding mechanism, ordinance, and policy would be included in program. Murphy said yes. She said as the program evolves it will begin moving toward something that is standardized.

 

Robison asked about the implications of adding the percentage of cost to a designated art project. Murphy said the added percentage has to comply with the building budget so there usually are no implications.

 

Frantz said that the City of Raleigh is currently discussing the cost of art on a proposed downtown building.  Murphy said she does not know much about the project, but questioned whether the discussion is over the percentage. Robinson said Raleigh’s project is being considered as one big package. Adcock said a large amount of cost is difficult to consider in today’s economy.

 

Robinson stated that Cary’s current program is successful because projects are considered on a case-by-case basis.  There isn’t a steadfast proposed percentage. 

 

Frantz understands that an entire project has a certain cost; however he believes the average citizen would appreciate removing some frills and reducing the total cost.  Robinson said people want a good design but they don’t want to have extra costs going into a project.

 

Frantz struggles with putting in a percentage.

 

Portman likes the idea of a percentage guideline with common sense decisions from council that will add to quality of life. He said there needs to be some relativity to the type of project being built, i.e., a town hall, library, community center, parks, etc., which are great projects to incorporate public art. Cary has the ability to create things that are meaningful and long term for the future.

 

Portman supports an ordinance that suggests guidelines, the building of a timeless community, and guidance in terms of more institutionalizing through ordinance; he supports it being separate in terms of types of facilities warranting that type of allotment and council’s judgment as to whether it is something the community could support at the time.

 

Portman said there is a part of political leadership that calls for good stewardship of money and the insurance that what is built speaks of the current and future citizens.

 

Adcock asked if a percentage guideline would be an ordinance or policy. Murphy said that the City of Charlotte has guidelines within an ordinance. They set a precedence of an ‘up to’, which refers to percentage, and that it had to be public places that people would use. 

 

Smith said that anytime there are guidelines, the maximum is always used.

 

Adcock asked if the next step of institutionalizing is policy or ordinance. Murphy said either one could be the next step; but an ordinance institutionalizes the approach. Collins added that both require council action. An ordinance requires a public hearing whereas policy does not; and policy is easier to change.

 

Robinson said a policy would allow ongoing scrutiny by the council. It would be a process where there is debate about what will occur.  Collins said a policy or ordinance can be structured that way.

 

Frantz wondered if it can be addressed through better architectural guidelines rather than a policy.

 

Town Manager Ben Shivar said an ordinance sets penalties and points out the legalities. A policy would be a better fit because it directs council and staff on what is to be taken into account.  Town Attorney Chris Simpson added that it can also be done by adopting a resolution. Shivar said whatever the council adopts as a policy staff will follow through.

 

Portman believes a policy may be the way to go. A percentage limit would be a good idea and a one percent limit seems to be prudent for the kinds of public spaces being discussed.

 

Frantz stated that cost is included in the building; adding percentages for art increases the cost. He asked what costs are cut to pay for the art. Murphy said the art becomes a percentage of the upgrade and the architect has to meet the budget.

 

Robinson would rather create a policy or resolution stating that Cary strives to integrate art into the design of every building, before doing a percentage. Staff has been successful with current practices and has judgment to say when and how art is integrated.

 

Portman supports an up-to percent (one percent). Public art shouldn’t necessarily always be design of architecture. He agrees that there is a cost in the end. He said a value statement is being made to support the investment.

 

Robison wants to see it done because it’s a part of our value statement. She thinks an ordinance is more enforceable and exceptions can be built in. She wants to see the pros and cons of each choice. She is not opposed to seeing a percentage. She said they need to create something that will stand the test of time.

 

Weinbrecht summarized that it would be a benefit to council to hear pros or cons of which route to take—ordinance or policy. Parks, Recreation & Cultural Resources Department Director Mary Henderson said staff will bring recommendations back to council. Collins added that institutionalizing mandates considerations so that opportunities are not lost.

 

Adcock said that quantifiable data is needed; she suggested looking at other projects where art has been incorporated.

 

Mr. Frantz doesn’t want to include a percentage amount in an ordinance. He wants it to be discretionary, without being locked into a percentage.

 

Smith agrees with Frantz in that a set percentage when institutionalizing takes away creativity and creates bureaucracy. He said the things they are trying to do with the challenges discourages what is currently working. It goes back to aesthetics which are part of the Town’s look and feel, which is where you get more “bang for the buck”. He would rather see something that encourages community involvement. He said they should continue to set the challenge with what is done with art, that’s why he is not for the percent.

 

Robinson agreed with incenting the community. She said they want people to take ownership in the community; the partnership with Cary Visual Arts has been beneficial in engaging people in that regard.

 

Portman said a mandatory percent is a value statement that public art is important in investing in the community. It would be good to have the statement of that importance in the policy. He thinks one percent is not rigid and it will be under council guidance in the form of a policy.

 

Adcock said she does not hear consensus that council is ready to go with a percent but it’s good to know where they stand. Murphy said that public art master plan will be a good time to do an in-depth review with this type of decision making.

 

b.   Consider Adding Design and Engineering Expertise to the Board

 

Weinbrecht asked about adding design and engineering expertise to the Public Arts Advisory Board; council concurred. Adcock questioned whether members would be added or replaced. Frantz prefers replacing termed-out members. Murphy stated they would need an engineer to look at the artistic renderings on site and ensure they are feasible. Weinbrecht stated that council can make this a part of the process at the time of board appointments.

 

c.   Consider Charrette Process as Part of the Concept Development Phase

 

Portman worries about design by committee. Henderson said the Charrette is conceptual and is important to the process because it’s one way to attempt to get everyone involved up front.

 

Murphy said the Charrette idea is that citizens are invited to watch and get to know each other.  It’s a way to talk about the considerations of every project, the guidelines, goals and vision so the artist is aware of the holistic approach. Sites are also chosen. Considerations are brought to the table early to avoid future misunderstandings. She said it’s another level of community involvement.

 

Adcock said council involvement is a good idea. Smith said the logistics of the Charrette needs to be considered so that diversity of opinion is ensured.

 

Robison said in terms of council engagement a couple of options should be presented but they should also be specific. She suggested making Charrettes public meetings and that council members attend and participate.

 

d.   Consider Update Public Art Master Plan (10 years old)

 

Portman asked about the cost. Henderson said they don’t currently have the cost; it’s a budget issue. Staff will develop that information and bring it back to the council for consideration,

 

Robison asked if the public art master plan is the first step. Henderson said process-wise some policies need to be developed to ensure the project is appropriately in sync. Murphy said it would be best served during the master plan process because community input is important.

 

Closed Session:

 

ACTION: At 6:53 p.m. Adcock moved to hold a closed session for the following reasons. Robison provided the second; council granted unanimous approval.  (Note:  Portman did not register a vote because he was not physically present at the meeting.)

 

Pursuant to G.S. 143-318.11(A)(3), Closed Session is Needed to:

 

1.   Consult with attorneys employed by and/or retained by the Town in order to preserve the attorney/client privilege between the attorneys and the Town. Among other things, the council expects to receive advice concerning the following lawsuits:

 

Town of Cary v. South Hills Shopping Center and David J. Martin

 

William David Bowden v. Town of Cary

 

Mayor Weinbrecht adjourned the meeting at 8:57 p.m.