HomeMy Public PortalAbout2008_09_23_R148 - Adopting the COPA Guidelines
The Town of
Leesburg,
Virginia
PRESENTED September 23. 2008
RESOLUTION NO. 2008-148
ADOPTED September 23. 2008
A RESOLUTION: ADOPTING THE COMMISSION ON PUBLIC ART GUIDELINES
WHEREAS, the Leesburg Town Council supports the Commission on Public Art,
established in 2006 (COPA Article XII Section 2-100 of the Leesburg Town Code); and
WHEREAS, the work of the Commission on Public Art encourages and supports art to
enhance Leesburg's identity as a community and to demonstrate that Leesburg values art and
creativity within the community; and
WHEREAS, after more than twelve months of work, at their July 2008 meeting, the
Commission on Public Art voted unanimously in support of the Leesburg Public Art Guidelines;
and
WHEREAS, staff recommends endorsement of the guidelines.
THEREFORE, RESOLVED that the Council of the Town of Leesburg in Virginia adopts
the Leesburg Public Art Guidelines dated July 24, 2008.
PASSED this 23rd day of September, 2008.
A
Leesburg Public Art Guidelines
Public art enhances Leesburg's identity as a community. It can build our sense of
Town pride, enrich the quality of our lives, and publicly demonstrate that Leesburg
values art and creativity in the community. Public art fulfills these purposes in a myriad
of ways: by improving our experience of public spaces through excellent and harmonious
design; by sensitively preserving or highlighting vistas; by introducing surprising,
enlivening, or mirthful elements into otherwise ordinary spaces; and by engaging us with
insightful interpretations of our community's activities, aspirations, and history; by giving
individuals, families, and children a shared cultural experience; and finally by making us
smile about, reflect on, or appreciate some aspect of our lives or world.
In sum, public art has the capacity to humanize our urban and suburban
environments. In recognition of the importance of integrating public art into the daily
lives of the residents of the Town of Leesburg, Virginia, the Town Council supports a
strong public art program. To this end the Town Council hereby establishes the Town of
Leesburg Public Art Guidelines ("Guidelines") with the following goals in mind:
. To create exciting, appealing, and harmonious public spaces and buildings by
integrating art into architecture, urban design and the planning of infrastructure at
the earliest design stage;
. To celebrate our community's heritage, ethnic diversity, commonality, and
civic pride. To build a public art collection that contributes to the pride and
enjoyment of citizens, visitors and workers and creates a positive emotional
connection to the community as a special place;
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. To enhance Town of Leesburg's image locally, regionally and nationally by
insuring the creation of the highest quality public art;
. To foster the public's understanding and enjoyment of public art;
. To stimulate collaboration between artists and the citizens of Leesburg; and
. To encourage federal, state and private support for Town of Leesburg's public
art program.
Through these Guidelines the Town Council seeks to promote opportunities for creating
exciting and attractive public spaces that are used and enjoyed by Town residents,
workers and visitors. A Leesburg Town Council Member may serve as a liaison to the
Council for public art in all areas outlined in said document, Leesburg Public Art
Guidelines V.!, dated February 25, 2008.
I. Definitions
1. Acauisition - the addition of a work of art for Leesburg, Virginia's permanent art
collection, whether by commission, purchase, gift, or other means.
2. Art Advisory Panel- the panel convened by the Commission on Public Art to
review a specific project, select an artist to be commissioned and/or an artwork to be
purchased. A list of qualified art professionals/practioners is compiled by the
Commission on Public Art and referred to when panelists are required.
3. Artist - Students of art; professional or academic in nature.
4. Public Art Commission- shall mean the Leesburg Commission on Public Art.
5. Town Council- the elected Town Council members of the Town of Leesburg.
6. Capital Improvements Pro2ram (CIP) - all capital projects ofthe Town.
7. Work of Art - means any work of visual art, including but not limited to, a drawing,
painting, mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of
graphic art (including an etching), works in clay, textile, fiber, wood, metal, plastic,
glass, and like materials, or mixed media (including a collage, assemblage, or any
combination of the foregoing art media). For projects which involve no structure,
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"Work of Art" may include a combination of landscaping and landscape design
(including some natural and manufactured materials such as rock, fountains,
reflecting pools, sculpture, screens, benches, and other types of street furniture).
Except as provided herein, the term "Work of Art" does not include environmental
landscaping or ephemeral arts such as dance, voice, music or poetry unless expressed
in a manner defined above.
8. Public Art- Original or limited multiple edition works of art that are accessible on
public property and which may possess functional as well as aesthetic qualities (see
Work of Art for further clarification.)
9. Public Art Pro2ram- the entity and the activities including the Public Arts
Commission and appropriate Town Staff, which develop and implement the purpose
and goals of the Public Art Policy, following Town policies and procedures.
10. Public Art Collection- means the entirety of Works of Art in municipal places
which have been acquired by the Town of Leesburg.
11. Guidelines- is the term used to describe these regulations adopted by the Town
Council to establish procedures necessary to carry out the purpose of the ordinance
(pursuant to Town Code Article XII, Sec. 2-100). These guidelines shall include but
not be limited to criteria for the selection of artists and art works, maintenance of a
file of interested artists, payment practices, procedures for artistic competitions, and
requirements for the maintenance of art works.
12. Town Facility - for the purposes of the Public Art Program refers to publicly-
accessible facilities owned and operated by the Town of Leesburg; this may include
buildings, parks, public spaces or public works which are physically or visually
accessible to the general public.
13. Privately Owned- Property- refers to facilities or grounds which are not the
property of the Town of Leesburg or Loudoun County but on which Town of
Leesburg art projects may be sited.
14. Special Exception Proiects- the Town's Zoning Ordinance distinguishes between
uses permitted "by right" and uses allowed by "special exception". Site plan
approval and use permits are two forms of special exception that require a public
review process and include specific conditions of approval imposed by the Town
Council.
15. Work of Art- all forms of art conceived in any discipline or medium.
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II. Goals for the Public Art Program
In developing the Public Art Collection of the Town of Leesburg, the Leesburg Public
Art Commission and the Town Council have established these goals to guide the Public
Art Program:
- To create exciting, appealing, and harmonious public spaces by integrating
architecture, design and the planning of infrastructure at the earliest design stage.
- To celebrate our community's heritage, ethnicity, commonality and civic pride by
stimulating collaboration and understanding between artists and Leesburg's
diverse community.
- To enhance Leesburg's image locally, regionally and nationally by insuring the
creation of the highest quality of public art.
- To foster the public's understanding and enjoyment of public art.
- To encourage federal, state and private support for Leesburg's public art program.
III. Eligible Public Art
All public art commissioned or acquired under the Public Art Policy shall be designed, or
the process facilitated by an artist or if by a team, an artist is on the team. Public art may
include, but is not limited to:
A. Design work provided by an artist to be incorporated into a public construction
project, including but not limited to:
- Interior or exterior surfaces, fixtures and functional elements.
- Outdoor design elements in areas such as plazas, arcades, vehicular or pedestrian
passageways, landscape architecture and landscape design elements.
- Artistic design of transportation depots-related features, recreation trails, transit
system improvements, public works facilities or other infrastructure.
B. Forms of visual art such as, but not limited to:
- Any of the following forms or types: bas-relief, mobiles, fountains,
environmental, kinetic, electronic, etc., in any material or combination of
materials;
- Painting in all media, including portable and permanently affixed works such as
murals and frescoes;
- Printing and drawing, including media such as photography, film, graphic arts,
any print media (e.g. lithography, etching, etc), drawing, and calligraphy;
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- Ceramic, fiber and textiles, wood, metal, plastics, glass, stone, mosaics and other
materials.
- Technological media that may develop through artistic pursuit or adaptation of
digital, audio, video or graphic media; use of lighting, or the internet.
- Mixed media that is any combination of forms and media.
IV. Guidelines For Funding Sources
Various funding methods will be initiated and evaluated by the Leesburg Commission on
Public Art. The funding recommendation is the responsibility of the Commission and will
be included in any plans for Works of Art presented to the Town Council.
Gifts and Donations
Contributions for public art received in conjunction with a rezoning project may include
funding for a specific art project in a proposed development, funds for a project included
in the Public Art Master Plan, or a contribution to support the Town's public art program.
DonationslPrivate Entity
The Town may negotiate for the inclusion of an art amenity as part of the rezoning
process. If public art is a component of a rezoning, then the Public Art Commission shall
review the public art proposal subsequent to the rezoning application.
Community Initiated Projects
As currently exists through other Town funding sources, a Town of Leesburg community
group or neighborhood association may propose a public art project for a site that mayor
may not be on the Public Art Master Plan.
Percentage for Art Fund
With the goal of public art in our community, innovative solutions to provide funding and
integrating art into capital projects throughout the Town of Leesburg are being sought. It
is the Leesburg Public Art Commission's goal to be given the opportunity as part of the
Town Budget approval process to make recommendations to the Town Council regarding
funding opportunities for public art.
Program projects may be considered by the Council for reservation of funding for public
art. However, the base from which the art fund is calculated shall exclude grant funds for
which the Town provides a local match, bond funds which do not allow such a use, and
any other funds whose source would prevent their use for public art.
Other Funding Sources
The Commission will be active in applying for non-Town public, private funds, and
grants to support public art projects as appropriate. Individuals, businesses and
organizations will also be encouraged to make contributions to the Town for public art
projects.
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VI. Procedures for Selection and Acquisition of Works of Art
Town Initiated Projects
In general, Town Initiated Projects will be located on sites identified as part of a Town
planning document such as but not limited to the Town Plan, Business Development
Strategy, Transportation Plan, Parks and Recreation Master Plan, the Urban Forestry
Master Plan and the Public Art Master Plan. The plan may also be revised at such other
times as a proposal for inclusion of a project on a site not identified in the Plan is
received by the Town, if the Town finds such proposal to be consistent with laws and
regulations and the Town's general policies on public art.
The Public Art Commission, working with Town staff, will identify the highest priority
projects and recommend those projects for implementation as funding allows. As much
as possible, these projects should correspond with new construction or renovation
projects planned by the Town for that year.
V. Criteria for Selection of Artists, or Artworks
Eligibility requirements for each project will be established by the Art Advisory Panel
and consideration and collaboration with staff and other relevant commissions.
Artist or extant works of art will be selected on the basis of qualifications or quality as
demonstrated by past work, appropriateness of the proposal to the particular project, and
probability of successful completion. Selection will be based on the criteria set in the
guidelines below.
Criteria for selection of artist or existing works of art:
o Quality / originality: demonstrated capabilities of the artist and merit of the
proposed works of art;
o Suitability: appropriate in scale, material, form, and content for community and
physical environment;
o Durability: demonstrates structural and surface integrity, reasonable maintenance
cost and requirements;
o Safety / Public Liability: Work of art should not present issues in these areas.
Work of art should be reviewed by appropriate departments or offices to ensure
that the work of art does not present safety hazards.
Methods of selecting artists, existing work of art or' artist proposals:
o Open Competition / request for Qualification or Proposals: Any artist may apply,
subject to any limitations established by the panel;
o Limited competition: Artist invited by the panel to submit proposals;
o Hybrid selection: Artist selected through a combination of the above.
Non-Discrimination Clause: Neither the Town of Leesburg nor the Public Art
Commission shall discriminate against any artists on the basis of race, color, religion,
national origin or ancestry, disability, age, or gender
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Proposals for Works of Art that include inappropriate subject matter, in the sole opinion
of the Town Council, shall not be approved.
The Art Advisory Panel shall not approve the selection of any Artist or Work of Art
which has not been developed according to the procedures described in these Guidelines.
The Leesburg Town council has the final authority for Work of Art approval.
The Composition of the Art Advisory Panel
The Art Advisory Panel is an ad hoc group of a minimum of three [3] that may be
convened by the Commission on Public Art to review a specific project, or recommend
an artist to be commissioned and/or an artwork to be purchased. The Panel is populated
from "The List of Qualified Art Professionals / Practioners" which is compiled by the
Commission on Public Art and referred to when panelists are required.
The List of Qualified Art Professionals / Practioners shall consist of a minimum of twelve
[12] volunteer representatives each qualified as an artist with appropriate technical
background to evaluate relevant artists and proposals. The Public Art Commission will
maintain and update this List of volunteers to be called upon during the process of
developing / creating Works of Public Art.
The Commission on Public Art can populate The List through a call for artists,
recommendations and / or volunteers. The Commission is responsible for reviewing The
List members at least annually; maintaining communication with The List members;
educating The List members on guidelines and responsibilities; and selecting the
members of The List and the Art Advisory Panel.
List members can be added at any time and will serve a two-year term. There is no limit
to the number of terms a List member can serve.
VI. The Process of Creating the Work of Art
Upon determining the need, funding and/or requirement for a specific public art
installation, The Commission for Public Art will convene an Art Advisory Panel. The Art
Advisory Panel will develop a recommendation through either an RFP process or
commISSIon.
Preliminary recommendations, concepts and designs shall be reviewed by the Art
Advisory Panel, prior to fabrication, for safety concerns, structural or engineering
requirements, durability, longevity, routine maintenance and conservation of all materials
and components.
That recommendation, including a complete design and budget, will be presented to the
Commission on Public Art for their consideration.
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During C.O.P.A. meetings called for the consideration of the recommendation of the Art
Advisory Panel, members from the BAR, Engineering and Public Works, Capital Projects
Management, and Economic Development Commission will be asked to attend to provide
their feedback and recommendations on a project.
The Commission on Public Art will determine if a project is acceptable and will present it
to Council for their consideration. Once a project has been approved by both the
Commission on Public Art and the Council a contract for the required services of the
Artist(s) shall be developed by the Town Staff and the Public Art Commission.
An Artist may create/fabricate a selected Work of Art independently, collaboratively, or
with subcontractors and may install the Work at the site, or may create the Work on site.
The Program may acquire a selected design from an Artist and execute the Work of Art
under a separate contract with a consultant or contractor other than the Artist.
If the initial design, created under contract, for the Work of Art is not acceptable, the
Artist shall have two additional opportunities to satisfy the Public Art Commission and
the Town Council. If not approved, another artist may be selected (and the artists will be
paid for their time in accordance with their contract terms.
1. Need, opportunity, funding for public art identified
2. Art Advisory panel convened
3. Art Advisory Panel recommends artist, design and budget to Commission
4. Commission reviews recommendation with input from other Commission and
staff members
5. Commission votes to endorse Panel recommendation
6. Council presentation - Council endorses proposed Public Art
7. Artist is contracted
8. Work created / installed
COPA = Commission on Public Art
VII. Collection Maintenance and Conservation
A. The Town of Leesburg shall have responsibilityto document, maintain, conserve, and
when appropriate, restore Works of Art in the Public Art Collection. When Notice of
Acceptance is issued and ownership of the Work of Art is transferred to the Town, the
Town shall protect the value, integrity and authenticity of the Work of Art, and shall
comply with the Visual Artists Rights Act of 1990, Title 17, United States Code, as
amended.
In general, for Town-initiated and community-initiated permanent works of public art,
the Town should own the physical work and copyrights should be retained by the artist,
with reproduction rights allowed the Town for appropriate promotional and educational
purposes. Legal title and copyrights in any Work of Art funded in whole or in part by
direct Town funding and/or the Public Art Fund, or donations or loans of Work of Art
that are accepted by the Town, shall be spelled out in a mutually agreeable contract
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between the Town and the artist and the owner. Ownership of art obtained through
special exception projects will be negotiated on a case by case basis. Insurance for value
and liability for Works of Art will be considered on a case-by-case basis. The details of
the insurance recommendation will be included in any plans for Works of Art presented
to the Town Council.
B. Maintenance and conservation are to be carried out by qualified consultants, who may
also review proposals by Artists. During planning for a public art project, maintenance
issues will be identified and addressed regarding the use of materials, fabrication
techniques, structural engineering, foundation and site design, and any other
considerations related to longevity and durability. The conservation effort includes
condition assessment reports of every Work of Art in the Collection, integrated with the
Program data base and updated periodically.
C. Deaccession of a Work of Art - Deaccession is the complete removal of a Work of Art
from the Collection and from public display. A Work of Art may require deaccessioning
for the following reasons:
- Destruction, either by deterioration, vandalism, or accident, to such an extent that
repairs or restoration are impractical or unfeasible.
- On-going maintenance has become impossible or is prohibitively expensive.
- Required changes by the Town the site, will destroy the integrity of the Work
because of its relationship to the site.
D. The procedures to deaccession a Work of Art will entail the following:
- Assessment to identify the problems and determine possible solutions. Review by
the Public Art Commission with a recommendation as to the action to be taken
and subsequent approval by appropriate administration officials.
- Prior to the deaccessioning of a Work of Art, appropriate public notification will
be made.
VIII. Effective Date and Filing.
These Public Art Policy Guidelines shall become effective on: September 23,2008
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