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Public Art Agenda 05/17/2023PUBLIC ART COMMITTEE May, 2023 Lo71i'er�mtyTt?61ic " Committee Materials MayV f Packet Pg. 625 35.A.2 Collier County Public Art Committee AGENDA May 17, 2023 3:00 PM Hybrid Virtual Zoom Meeting Collier Museum at Government Center 3331 Tamiami Trail E, Naples, FL 34112 Chair Erin Wolfe Bell Vice Chair Paul Gower Lisa Cataldo-Absher Ricki Baker Nora Beyrent Muffy Clark Gill Bonny Hawley Zoom Meeting Registration Information When: May 17, 2023 03:00 PM Eastern Time (US and Canada) Register in advance for this meeting: https:Hus02web.zoom.us/meeting/register/tZEgceyugjopHtAyyjIsay3HqEtB2igAskiL After registering, you will receive a confirmation email containing information about joining the meeting. Two or more members of the Collier County Board of County Commissioners may be present and may participate at the meeting. The subject matter of this meeting may be an item for discussion and action at a future meeting of those boards, councils, or agencies. All interested parties are invited to attend and to register to speak. All registered public speakers will be limited to three minutes unless changed by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board, or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. Anyone who requires an auxiliary aid or service for effective communication, or other reasonable Q accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. For more information, call John Melleky at (239) 252-6293. Collier County Public Art Committee Materials May 2023 Packet Pg. 627 35.A.2 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes S. Staff Report a. John Melleky, Arts and Culture Manager 6. Public Comments— 3 minutes 7. New Business a. Mural policies — review and compare 8. Old Business a. Holiday Banner Sub Committee — Bayshore b. Update— Macaw statue— Bayshore CRA c. Public Art Inventory 9. Advisory Board Member Discussion 10. Next Meeting a. July 21, 2023, 3:00 pm Location: Collier County Museum at Government Center 11. Adjournment M N 0 N R a� m m m m E E 0 U r a` 2 a. 0 CM N W N Collier County Public Art Committee Materials May 2023 Packet Pg. 628 35.A.2 MINUTES OF THE COLLIER COUNTY PUBLIC ART COMMITTEE Naples, FL April 19, 2023 LET IT BE REMEMBERED the Collier County Public Art Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in a REGULAR SESSION in the Collier Museum at Government Center, Naples Florida with the following members present: Erin Wolfe Bell Lisa Cataldo-Absher Ricki Baker -virtual Nora Beyrent Muffy Clark Gill Paul Gower Bonny Hawley ALSO PRESENT: John Melleky, Arts and Culture Manager Ms. Colleen Greene, Office of the Attorney, Collier County 1. Call to order and Roll Call Ms. Bell called the meeting to order. A quorum of six was established by those members present in the room. Ms. Gill made a motion to allow Ms. Baker to attend the meeting remotely due to extraordinary circumstances. Mr. Gower seconded the motion. The motion was carried unanimously with those present in person, 6-0. A quorum of seven was established by those members present in the room and Ms. Baker. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Approval of Agenda COLLIER COUNTY PUBLIC ART COMMITTEE MINUTES APRIL 2023 1 Collier County Public Art Committee Materials May 2023 Packet Pg. 629 35.A.2 Ms. Hawley made a motion to approve the agenda. Ms. Gill seconded the motion. The motion was carried unanimously, 7-0. 4. Approval of Minutes Ms. Hawley made a motion to approve the minutes from the March 15, 2023, meeting. Mr. Gower seconded the motion. The motion was carried unanimously, 7-0. 5. Introduction of Advisory Board Members Each member introduced themselves so that everyone can meet each member. Ms. Gill has been in Collier since 1984 and is a working artist and represents District 4. Ms. Beyrent grew up in the area and is a working artist and part of the Naples Art District and represents District 5. Ms. Bell is in Arts Administration in the area for 9 years and represents District 1. Ms. Hawley is an artist who has been in the area for 35 years and represents District 4. Ms. Absher is a graphic designer and represents District 3. Mr. Gower is an artist that represents District 4. Ms. Baker is a painter and board president of Naples Art Institute and has been in the area for 12 years and represents District 2. 6. Staff Report Mr. Melleky is the Arts and Culture Manager and the staff liaison for the Public Art Committee. His background is in nonprofit management, fundraising, and the festivals/events industry. He was most recently at The Ringling, the State Museum of Art, in Sarasota. Mr. Melleky mentioned the committee started a year ago and has been working to build the infrastructure of the public art committee. The meeting today is an Orientation, to prove the committee with the procedures on how government advisory committees operate, along with the standards of conduct. The session will include what the committee is working on, along with some information on the public art found in Collier County. 7. Public Comments Mr. Mike Rogan spoke to the committee about his family that were stonecutters and produced works of art and buildings in the area. He mentioned that the public art here has to withstand elements such as sun and hurricanes. He asked that his document on public art commissions and ways to avoid conflicts of interest be shared with the committee. Mr. Melleky will provide that in the next meeting materials. COLLIER COUNTY PUBLIC ART COMMITTEE MINUTES APRIL 2023 2 Collier County Public Art Committee Materials May 2023 Packet Pg. 630 35.A.2 8. New Business a. Orientation i. Sunshine Laws and Ethics Ms. Greene presented the Sunshine Laws and Ethics for Advisory Committee members that all members must follow. ii. Attendance and meeting schedule Ms. Greene reviewed the attendance requirements for the committee. It is expected that members will attend the meetings in person. Virtual attendance can be obtained for extraordinary circumstances. Members must be present for at least 75% of the meeting or it is an absence and members must attend 75% of the committee meetings. Mr. Melleky presented the meeting schedule of the third Wednesday of odd -numbered months. Each April will be an orientation session for the committee. iii. Resolution of committee Mr. Melleky shared the resolution forming the committee to showcase the charge of the committee iv. Vision and Mission Mr. Melleky shared the vision and mission of the committee that will become a part of the Public Art plan. v. Overview of the Master Plan Mr. Melleky shared the master plan overview and the various sections that will be in the plan including general public art policies, temporary art projects, rights of artists, the selection of artists, murals, permanent installations policies, current inventory, and plans for locations and timelines of future public art projects. vi. Public Art Inventory vii. New Public Art Installations and Projects Mr. Melleky reviewed the current public art inventory and the new installations and projects that have been approved by the committee. COLLIER COUNTY PUBLIC ART COMMITTEE MINUTES APRIL 2023 3 Collier County Public Art Committee Materials May 2023 Packet Pg. 631 35.A.2 b. Selection of Chair and Vice Chair Mr. Gower made a motion to select Ms. Bell as Chair of the Public Art Committee. Ms. Gill seconded the motion. The motion was carried unanimously, 7-0. Ms. Hawley made a motion to select Mr. Gower as Vice Chair of the Public Art Committee. Ms. Bell seconded the motion. The motion was carried unanimously, 7-0. c. Artist Survey Mr. Melleky presented a draft of the artist survey for feedback. This survey will be used to develop a list of individual artists, studio locations, and mediums of work. The data will be located in the Convention and Visitors Bureau (CVB) database. A link to the questionnaire will be found on the CVB website, paradisecoast.com. A separate survey will be developed for performers. Changes suggested included adding a business address, primary address, County, website, social media handles, and a part-time address. For art mediums listed on the survey, it was suggested to include Performance Art, Fiber, Textile, 2d Mixed Media, 3D Mixed Media, Environmental, Installation, Collage, and an "other" category. 9. Old Business a. Bayshore Subcommittee — Holiday Banners and Murals Ms. Hawley updated the committee on the banner project. Subcommittee members were instructed to provide ideas for the holiday banners in the Bayshore area. The ideas will be voted on by the committee and up to 3 designs selected to then be given to the banner firm to design. Mr. Gower and Ms. Baker left the meeting, leaving the quorum to 5. Ms. Gill made a motion to select Ms. Absher as the second Public Art Committee representative to the Holiday Banner and Mural subcommittee for the Bayshore CRA. Ms. Hawley seconded the motion. The motion was carried unanimously, 5-0. b. Florida Association of Public Art Professionals (FAPAP) Conference Mr. Melleky updated the committee on the FAPAP Conference, which will from May 9- 11, 2023 at the Hilton Garden Inn in Downtown Orlando. COLLIER COUNTY PUBLIC ART COMMITTEE MINUTES APRIL 2023 4 Collier County Public Art Committee Materials May 2023 Packet Pg. 632 35.A.2 10. Advisory Board Member Discussion There were no comments from advisory board members. 11. Next Meeting- Wednesday, May 17, 2023, at 3:00 pm at the Collier County Museum at Government Center There being no further business for the good of the County, the meeting was adjourned by Ms. Bell at 4:38 P.M. COLLIER COUNTY PUBLIC ART COMMITTEE Chair, Erin Bell These minutes were approved by the Committee on as presented, , or as amended COLLIER COUNTY PUBLIC ART COMMITTEE MINUTES APRIL 2023 Collier County Public Art Committee Materials May 2023 Packet Pg. 633 35.A.2 Arts and Culture John Melleky —Arts and Culture Manager 04/01/2023-04/30/2023 TDT GRANTS AND OTHER GRANT PROGRAMS • Reviewed grant applications received to check for any funding requests that were not eligible. • Ran attendee estimates in the Oxford Economics Event Impact Calculator for Festival and Cultural Events to determine economic indicators. • Finalized panel process and panel participants. Opened panel process for the panel to review grants. • Answered questions from the panel on process. • Ran panel reports and prepped for the panel meeting. • Held the panel meeting to determine final recommendations. • Finalized version of grant contract with legal department. • Prepped and edited Executive Summary and reports for the TDC meeting. Sent document for internal review and legal review. TDT GRANT PROGRAM MEETINGS AND FINANCIAL REPORT REVIEWS DATES ORGANIZATION 04/05/23 Everglades Seafood Festival 04/18/23-04/19/23 Naples Botanical Garden 04/27/23-04/28/23 Gulfshore Opera TDT GRANT PROGRAM TIMELINE FY 2023-2024 CYCLE DATE 01/23/23 ORGANIZATION Grant application portal opened at 9:00 AM. 03/03/23 Organizations can submit a draft application for review prior to the grant application deadline. Draft submission due by 5:00 PM. 4 organizations submitted. 03/06/23 Draft application reviews finalized — completed earlier than originally planned. 03/24/23 Grant Application Deadline — 5:00 PM. 13 applications received. 04/03/23 — 04/06/23 Grant applications were reviewed, and economic impact was measured for each grant application through the module. 04/07/23 - 04/21/23 Panel reviewed grants. 04/24/23 — 04/26/23 Panel reports created for the panel meeting. 04/26/23 Panel met and determined final awards. 05/15/23 Grants approved by Tourism Development Council. Arts and Culture Report May 2023 1 Collier County Public Art Committee Materials May 2023 Packet Pg. 634 35.A.2 GENERAL CVB PROJECTS • Database project o Reviewed questions of individuals working on their sections. o Updated arts and culture partners. o Created a draft of an individual artist survey to collect data. • Worked with Naples Art Institute and staff for the filming of a Travel and Tourism week segment. GENERAL COUNTY PROJECTS • Bayshore CRA o Attended subcommittee meeting about holiday banners in Bayshore that will have participation with two of the Public Art Committee members. • Created and submitted a report for County Manager's office on County Arts initiatives. PUBLIC ART COMMITTEE • Created the public notice and board materials and held the April committee meeting — orientation for committee members. iARTE VIVA! - HISPANIC ART FESTIVAL • Reviewed final options and implementation of the Meet the Artists series on the webpage. • Provided information for updates to general festival web page. • Created presentation for partner meeting. • Held partner meeting on April 19. • iARTE VIVA! Event Attendance DATE 04/03/23 ORGANIZATION Naples Botanical Garden — meeting with Frida Kahlo family 04/04/24 Opera Naples — Festival Under the Stars - Frida 04/07/23 Artis—Naples Troupe Vertigo 04/16/23 Face of Immokalee Public Art Launch 04/30/23 Gulfshore Opera — Don Giovanni Arts and Culture Report May 2023 2 Collier County Public Art Committee Materials May 2023 Packet Pg. 635 35.A.2 OUTREACH TO ARTS AND CULTURE ORGANIZATIONS Outreach to organizations includes meetings, introductions, and attendance at various arts and cultural activities throughout the month. 04/04/23 International Festival and Events — Virtual meeting Arts Events Group 04/05/23 Michael Rick— introductory meeting to discuss public art 04/05/23 United Arts Collier Centennial Celebration 04/06/23 Bayshore CRA Art Subcommittee meeting 04/13/23 Artis—Naples Marketing meeting 04/15/23 Naples Art District — Art Alive/World Arts Day 04/19/23 Destinations International — Oxford Economic Impact Calculator training — Local and Public Events Module 04/20/23 5t" Avenue South — introductory meeting with new Director 04/25/23 Americans for the Arts- Charitable Art Donations webinar 04/26/23 Naples Botanical Garden —Tour Evenstad Horticulture Campus 04/26/23 Naples Art Institute — filming interview for Travel and Tourism Week 04/28/23 Ave Maria/Barron Collier Companies — introductory meeting 04/29/23 Gulfshore Playhouse — opening Morning After Grace UPCOMING STRATEGIC INITIATIVES • Database project — continue updates and assist staff, implement individual artist survey. • Tracking of arts organization information — Zartico and from current grant projects running. • Implement financial reporting in grant system. Arts and Culture Report May 2023 Collier County Public Art Committee Materials May 2023 Packet Pg. 636 35.A.2 Naples Proposed Art ProgramAugust 2, 202213repared for Naples City Council Executive Summary Regarding Proposed New Art Program An innovative custom program for Naples versus a cookie cutter program. Naples changes from PAAC establishing all elements of selections for art to Naples' residents. The residents' control over sites and pieces commissioned creates a communal ownership of the total program. Our total population's decision -making involvement will best balance out biases and tastes within their program's direction and citizen -owned collection. A successful program is based on a free and open market. Integrity is everything. The free market and adhering to all regulations and policies are the best methods for combatting corruption. Room must be made for variations, which must be open for discussion to all. Naples -generated "Call to Artists" creates competition, fairness, and best products. This function and many other clerical functions are contracted through a local PR entity which is not involved in art. This PR relationship could be shared with the County. Naples requires two separate and distinct art programs. One for open spaces. Another for commercial developments. Each necessitates its own set of protocols for regulator control, selection of sites and pieces, maintenance procedures, documentation related to piece(s), and funding, etc. Refocus the program's talents to create generational and communal appreciation plus knowledge of the arts, centered in societal partaking in selections. Naples can be the most literate city in the world in this area. This will take decades. PAAC's role changes to facilitators, with tasks matching citizen volunteers' skill sets. This realignment of PAAC's skills and tasks should increase citizens' involvement with PAAC. The main function and effort of PAAC, the PR contractor and City staff is pointed at motivating we Neapolitans to participate in selecting placement and selection of pieces. Citizen "Ownership" will be communicated through an interactive Art Program website, within the City's site. Citizens will be able to interact with all submittals' creators. Don't underestimate the creativity required for this crucial never-ending task. Commercial projects' protocols will change. Funding is a direct percent of project. Other areas will change. I request a meeting with owners and developers to explore alternative plans. Open sites could remain funded by commercial projects. Or a referendum could be floated to measure residents' acceptance of property taxes to include art, just like our parks. Lastly, please study a few regulator adjustments I recommend on page 9. Page 1 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 637 35.A.2 Naples Proposed Art ProgramAugust 2, 2022Prepared for Naples City Council This is a discussion of an innovative alternative Naples' City Art Program, where all selections are determined by Naples' residents. My views are drawn from my family's interaction with outdoor art for three generations. have read virtually everything written plus attended many meetings of the Public Art Advisory Committee (PAAC) regarding Naples' program from 2001 on, including the present proposed changes to the City's art program. I was a member of PAAC and worked on PAAC issues. In 2016 one issue was conducting a survey of local developers and architects as to their feeling regarding the City's public art program. I wanted to find out why these two groups seldomly interact with PAAC's programs, since both groups directly and totally fund the program. Later, I resigned from PAAC. I wanted to make art in place of talking about art. The Naples City Attorney informed me I could not do both. Doing both was a conflict of interest. The attorney emphasized the importance of conforming to regulations plus avoiding the mere appearance of impropriety. Since resigning, I have devoted my time to creating art, plus involving myself with PAAC in on- going issues. I have never been paid by the City of Naples for anything. I received one contract for signage for the new fire station. The contract even though it was signage provided to me by a Fire Station #1, an architect was reviewed by PAAC even though regulations assign signage to the Design group. PAAC rejected my signage and changed that signage to be original artwork. They never informed me of the change nor asked for an original piece. As corrupt as art has been throughout history, we must keep in mind that the corruption is not normally the actual piece of art nor the producer of that art. The undesirable issues and instances almost always fester within the selling, buying and marketing of art. The solution to this undesirable side of art is identical to every other aspect of life and business. A successful Naples' art program must focus and commit to a totally free market which is open to all. None of us would accept a single seller or single broker for any goods or services we would purchase for ourselves. In my opinion our Naples' Art program has not aligned itself with a free open market. All regulations and policies enacted by the City must be adhered to. Our present program states the implementation of a "Call to Artists", and this net should be cast as wide as possible. To the best of my knowledge, PAAC has never implemented this basic competition technique. A "Call to Artists" is only effective when initiated by the City. The benefits of this policy are equally shared by all participants within this market. The citizens are positioned to receive the Page 2 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 638 35.A.2 Naples Proposed Art ProgramAugust 2, 2022Prepared for Naples City Council best cost and creativity for the product they may purchase. The potential creator of art should feel Naples' art program is not controlled by a flawed selection process. Buyers (citizens) and sellers (the artists along with brokers) must be positively motivated. This is not always the case. Without the proper motivation, the pieces presented will be like cold oatmeal. All producers save their best for open fair markets. Producers of art will make themselves keenly aware if Naples' art program is an open market. The cost to produce a concept into a sales presentation usually equals 10% of a piece's asking price. Why should producers risk time and capital to propose and produce products which will never be considered because of a flawed system? Once their design is public, the design risks being replicated. Open markets on the supply side force the bar to soar regarding creativity and price. Producers should flock to little Naples with their products. Naples could become a bastion for artist expression. This in turn could create additional opportunities for art related businesses/entertainments. The City has many of the necessary art regulations and policies already on the books, as they are with countless other cities. Sadly, in Naples these policies are not always adhered to. This destroys producers' trust. Naples requires two separate programs for art. The first program is for public spaces within the City limits. The second program is for builders, developers and re -developers of commercial structures within the city. This program must motivate this group to raise the bar by pushing the envelope on overall design. Blending original art within the total project's visual statement enhances a business' architectural branding identification. This group requires a return on investment, and rightfully so. Funding, I have changed my position on this point. We need to explore unconnected funding for public space and commercial projects. The application process and evaluating protocol must be tailored for public space and commercial projects' distinctive needs and societal goals of each program. My principal direction regarding the proposals already presented is narrowing and refining the mission statement of Naples' art program. Naples' long-term benefit should reflect a drive to create a practical and knowledgeable art appreciation society. The drive for art appreciation expands not only a societal art horizon in and of itself, but all societal thinking. Our thirst for high quality art will accelerate. To me, this Page 3 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 639 35.A.2 Naples Proposed Art ProgramAugust 2, 2022Prepared for Naples City Council redirection will drive our future selection of public pieces. And possibly encourage the launching of a low carbon footprint industry of designing. My personal goal for Naples is to be the most literate art community on the planet. This is attainable. We have the base infrastructure in place, or on our engineers' and architects' drafting tables. Now we must motivate producers. It will be difficult for a community of 25,000 to own the largest collection of art. However, developing one of the world's best -informed cities for artistic expression and appreciation is well within our reach. Our societal thirst for and evolution of art appreciation should be our generational goal. This drive will be a metamorphosis of our culture. My next suggestion for the new program is on structure and areas of involvement regarding PAAC. I will also touch on actions required by the City Council regarding site, individual piece selection, etc. The present requirements to be a member of PAAC as written are beyond the skill set of normal citizens and members of PAAC. PAAC candidates, as presently defined, must be skilled in themes for pieces to be acquired, site selection, monetary valuations, criteria for the acceptable engineering of a piece, acceptable materials employed in the piece, foundation design and installation, etc. Many of these skills require specific degreed certifications. Paid consultants can be required. Any consultants hired must adhere to PAAC regulations of not interacting with anyone or any entity involved in sale or promoting art, nor can they vote on site selection, the selection of a piece, or a proposed regulation or policy, etc. City staff may not vote but may render opinions. As I have observed, at times, both categories of art (art on public space and art on commercial property) required selection decisions that have caused PAAC an inability to function efficiently More importantly the latter selections of piece, site for piece, and cost should not be entrusted in the hands of volunteers. A few volunteers are not even a remotely true representation of Naples' overall societal tastes. Nor should these selections be in the hands of the City Council. Both PAAC and City Council hold biases and personal tastes. Even combined, they are too small a group sampling to generate a conversation which will produce a long-term societal consensus on selecting the very best art to represent Naples. In my opinion, the selection of sites, site priorities (which site first), and individual pieces should Q be in the hands of all Naples' citizens (legal residents). Long-term success and maximized benefit from this program rests in the hands of "we citizens". Our 25,000 citizens represent all communal bias and tastes. Page 4 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 640 35.A.2 Naples Proposed Art ProgramAugust 2, 2022Prepared for Naples City Council The small size of Naples in my opinion makes this system doable. We need to trust our masses regarding selections of taxation, disbursements of funds, etc. My logic is likened to that of Washington, Monroe, Jefferson, and other founders of our country. Trust the citizens. Once this system is up and running, non -art communal preferences could be measured and documented, e.g., the total height permitted for the remodeling of our hospital. PAAC focus should be redirected as established in 2001 by our City Council to be a liaison, promotor, and facilitator between the City Council and the citizens of Naples regarding art issues. Other areas of involvement for PAAC will include, but not be limited to, Naples' art collections' preservation, awareness, education, promotion for our community and visitors' involvement with our art collection, etc. Proposed new system for procurement of art on public space. The program's operational function(s) for PAAC and City's staff interaction(s) in the art marketplace's paradigm of standard procedures employs Thomas Jefferson's concept of governmental control over individual(s) an committees' actions. Power is assigned in the smallest of parts and then over the maximum number of non -overlapping individuals. PAAC and staff will gather the information required to produce a "call to artists". The actual mechanics of the "call to artists" will be performed by a yet -to -be determined contractor. This contractor and staff can have nothing to do with the sales or promotion of art as stated in PAAC member requirements. My initial thoughts on this contractor skill set was that of a Public Relationship or PR entity type. Besides running a "call to artists", the contractor must generate current and future press releases regarding art. The entity must be a Naples -based firm. The relationship should be limited to a three- or four-year term so fresh thoughts can be generated. This contractor could be shared with the County. PAAC will gather from contractor all submittals generated from each "call to artists". PAAC will certify all submittals received from contractor, then return submittals to the contractor (or city staff controlling Naplesgov.com). The contractor, or staff will post all submittals on the City's Naplesgov.com site in PAAC art area yet to be built. PAAC's area within Naplesgov.com will display all submittals for a specific location, for the community's viewing, evaluation and voting for selection, by citizens. Only one "call to arts" specific site is listed at a time. This contractor should also be capable to host the PAAC website within the City's website. Each "call to artist" will define a time and date for citizens to discuss the submittals, plus a date to cast their vote on the site. After the deadline for voting, the contractor will turn that "call to artist" results to PAAC. PAAC will form a recommendation and move that "call to artists" selection over to the City Council, for Council action. Page 5 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 641 35.A.2 Naples Proposed Art ProgramAugust 2, 2022Prepared for Naples City Council After a selection has been made and contract issued, PAAC will gather the necessary identifying information for the piece pedestal. The contractor will update the City's records and PAAC's website. PAAC and the contractor will need to focus on techniques to draw citizens to interact with our selection process. The selection of a contractor will add to professional appearance and effort necessary to achieving community acceptance and involvement. The skill sets required for these functions for present and future PAAC members are more commonly found within in all citizens. The skills are teachable and learnable. If the meetings and tasks of PAAC volunteers are friendlier and fun, citizen volunteers' involvement and desire to be involved should increase. The main goal for PAAC members is communication to sell citizens on being involved in Naples' art program. In theory, the more former PAAC members this program generates the more involved our whole community becomes. Lastly, I will recommend a few policies and/or regulation changes to better control art and serve Naples' citizens. Only one "call to arts" is handled at a time. Each selection must be special in and of itself. We want maximum community involvement. Only Naples' citizens will have the right to vote their wishes regarding all aspects of Public Art on public space. How do we accomplish this redirected effort in self -governance in art? A decade ago, implementation of such a system was a dream. Today this technology is available and somewhat common. Passwords are being replaced with thumb prints, facial and voice recognition. Naples' small-town population, and in my opinion, mind set makes this individual citizen interaction a reality. PAAC develops thru a contractor a PAAC blog anchored within the City's site Naplesgov.com. Here we display all pieces submitted, the presenters' blogs, locations available etc. The goal is to foster discussion between citizens regarding art selection. The proposed site would invite citizens to register, to share opinions, and to vote. This communal involvement generates "Ownership". Page 6 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 642 35.A.2 Naples Proposed Art ProgramAugust 2, 202213repared for Naples City Council Voting would be validated via face or voice recognition, thumb print, or the best system available, yet to be determined. This art site's information can be backed up and shared by our local TV, print media, radio, internet, etc. Media interaction would be the responsibility of the contractor. Anyone can present any piece, theme, artist, etc. This should be encouraged. Naples must be a center for the sharing of free thought. However, only a resident of Naples can present a specific singular proposal (site(s), theme(s), etc., and vote to support or not support this or any singular proposal. This system is unlike any art procurement model I have ever seen. My proposal's end goal is: Maximize Naples' citizens involvement and ownership of Naples' Public Outdoor Art Program, especially on public space, to create the highest level of appreciation for the arts. The second area of Public Art deals with voluntary involvement with commercial developers and owners. I feel motivation is the key. This area has a separate set of challenges. These challenges require an approach unique to businesses. 2001's program defines placement, etc. I see no issue here. My issues are with the whole concept of the handling of public art in conjunction with developers' and owners' projects. In 2015 when I joined PAAC, I was amazed through PAAC records at the developers', architects' and owners' attitudes and resistance towards Naples' art program. I first requested permission to perform a survey of developers' and owners' attitudes towards our art program. I'd like to take a second survey or meeting on this subject with this group. The 2001 program and this new proposed program, in my opinion, misses the point. Allowing them to keep some of their money demanded by the City isn't a solution. This issue needs real motivation. Funding Commercial Projects 1 % of the total cost of a project is in my mind realistic. Selection of a piece should rest with the owner. The ownership of a piece should remain in the hands of the owner. The funding of maintenance, etc., would rest with the building's owner. This would alleviate some municipal Q liabilities. This simplifies properties' transfer of ownership and the necessity of municipal additional regulations. The other PAAC regulations could remain in place. Page 7 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 643 35.A.2 Naples Proposed Art ProgramAugust 2, 202213repared for Naples City Council Funding Open Spaces I have pondered this issue for years. It always settles in a program where someone else covers the cost. My proposal is pointed at the "ownership" of the art program by Naples' residents for open spaces. This led me back to a direct adjustment to our property taxes. What would the cost be to collect $1,000,000.00 dedicated for an open space art increase from property taxes? The reality is, I have never asked citizens if they'd like a tax increase. The public space could be funded on commercial development. Would freeing up commercial developers from open space funding increase that group's acceptance and involvement of art regarding commercial structures? I think the issue of maintenance is over blown. Maintenance costs starts with overall design, engineering, material selection, and affixing components together. Art pieces should fall under the normal city maintenance system i.e., parks, round -a -bouts, etc. A dual system, in my mind, creates redundancies followed by inefficiencies. Residents will pay for it one way or another. Much work could be done using regular municipal employees. Some work will require the oversight and/or execution of an individual with my experience. We acquired one resident who is young, strong, owns specialty tools and is highly capable in the one-off engineering and fabrication of complex art pieces. My proposal of total community involvement by citizens is based on all decisions are made by citizens. This is an effort to have citizens buy into the ownership of communal appearance of art both long and short term. I have many other issues with other documents pertaining to the new art program. I feel I've filled all plates with the above discussion. If my views spur debate on other operational policies, details can be worked through later. Once a path is determined, new additional pieces must be one at a time. I fear once the submittal process is reopened, an immediate flood of pieces could be generated by privileged insider information. Insider information pits me or others with submittals competing with the City of Naples. Proposed policies and/or possible regulations regarding art for our city 1. The proposal presented by the consultant includes the addition of a City employee to handle the City's art program. I strongly disagree with this recommendation, it's overkill. If this action is accepted by the City Council regarding art, or any other program, a regulation should be added to the City's overall governance. This policy or Page 8 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 644 35.A.2 Naples Proposed Art ProgramAugust 2, 2022Prepared for Naples City Council regulation should state that all individuals who aid in drafting and/or supporting a proposal requiring an additional employee should be restricted from applying for or serving in that position for a term of sixty months. 2. All members of PAAC must be citizens of Naples. PAAC deals with issues regarding expenditures of City tax revenues. PAAC recommends tax increases. Not being a Naples resident who deals with our art program issues is like running for Mayor and not being a citizen of Naples. Or, allowing non -Naples' residents to vote in our municipal elections. PAAC can call for outside testimony and consultants for specific needs. 3. Any proposal for a piece of art's application for approval and acceptance by the City of Naples must include a sworn statement that the individual producing that piece will or will not be paid to a broker's commission or fee. The statement must include the percentage paid to any agent or broker along with the dollar amount. A tracking of parties involved is just good business. Page 9 of 9 Mike Rogan Collier County Public Art Committee Materials May 2023 Packet Pg. 645 35.A.2 Murals Policies Collier County Public Art Committee Materials May 2023 Packet Pg. 646 35.A.2 COLLIER COUNTY DRAFT May 2023 MURAL POLICIES M N O Signs 04, c� a� c Section 5.06.00 of the Collier County Land Development Code (LDC) defines "mural sign" as "A sign that is a painting c an artistic work compressed of photographs or arrangements of color that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicte on vinyl, fabric, or other similarly flexible materials that is held in place flush or flat against the surface of a building." E Section.5.06.06 of the LDC states that "Any sign not specifically permitted by this sign code shall be permitted." � j r L a Mural a A mural is an original, one of a kind unique mosaic, painting, or graphic art or combination thereof (including collage o effects) that is professionally applied to aesthetically enhance the exterior of a building or accessory structure such w dumpster encloser, fence, or site wall, that does not contain any brand name, product name, letters of the alphabet, `_' spelling, or abbreviating the same of any product, company, profession, or business or any logo, trademark, trade c name, or another commercial message as the main component of the artwork. M ri A mural can have a signature block. This is a section that includes the artist signature, text on the artwork or busines! including a hashtag at the bottom of the mural. This signature block cannot be any larger than six inches in height ani one foot in length. This block cannot be in the main portion of the original artwork. If this information is larger or a part of the artwork, the artwork is considered a sign. Process 1. A mural permit application must be completed. (1) No person, firm, corporation or other entity may authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any Original Artwork Mural within the County prior to obtaining a permit as set forth herein Such permit shall be known as a mural permit. (2) An application for a mural permit shall be filed jointly by a building owner and an artist with the planning department by way of a form prepared by the planning department and shall include the following: Name of the artist and the owner. Street address and location of the proposed mural. b. Examples of previous work done by the artist, with references. C. Description of the materials to comprise the proposed mural and manner of application. C0l1UP-CQt*r4blic Art Committee Materials May 2023 [1] Mural Application P Packet Pg. 647 35.A.2 d. Statement regarding durability of the materials considering the location and positioning of the proposed mural. e. Plans and specifications for the proposed mural including an exact picture graphic and other description. The application should include clear and legible drawings with description showing the location c the mural. Drawings should show the dimensions and materials. Color photos of the building must accompan M the mural sketch, showing the wall to be painted in relation to adjacent streets and buildings. o N f. Statement that the proposed mural will remain in place for at least two years. a� c g. Statement that no compensation will be given or received for the right to display the mural or the rigl to place the mural on the property. The artist may be compensated for the completion of the mural, however m m h. Artist and building owner shall pay all costs associated with public hearing notifications. E E i. Artist must waive and release, in favor of the City and the building owner, the right of attribution or � j integrity which Artist has in the mural under 17 U.S.C. §§ 106A and 113(d)(Visual Artist Rights Act). a j. Artist's agreement to allow the City or the building owner to remove the mural with 90 days' notice b .5 the Artist at the address provided in the application and building owner if the mural is not maintained, or if it if becomes a safety hazard. o M N t0 k. Signed acknowledgement by artist and business owner to abide by all mural requirements and execul `,' all necessary documents. o 2. Review of Mural permit application. (1) The mural permit application shall be submitted to the Collier County Public Art Committee for review a. The Public Art Committee will review the artwork and approve the applications. b. This review shall be completed within 45 days. (2) The mural permit application shall be submitted to the to the Collier County Planning Department for review. a. The Planning Department review shall be completed within 30 days. 3. Board of County Commissioners approval of Mural permit application. (3) Board of County Commissioners? — is this review needed Review Criteria. The Collier County Public Art Committee shall review the Mural Application for the following criteria: C lIUP-C 31t*Ot blic Art Committee Materials May 2023 [2) Mural Application P Packet Pg. 648 35.A.2 a. The mural must be durable, permanent and easily protected from vandalism and weathering; considerati shall be given to the structural and surface integrity and stability of the building fagade, the permanence and durability of the mural, and the mural's resistance to weathering, theft, and vandalism. b. The mural must not have any unsafe features or conditions that may affect public safety. M C. The mural shall not violate or depict violation of federal, state, or local law. N 0 04, c� d. The mural must not disrupt traffic nor create any unsafe conditions or distractions to motorists or c pedestrians. m e. The mural surface must be prepared with an outdoor primer to ensure good adhesion for the artwork. f. Clear, anti -graffiti coating must be applied over the completed artwork. E E 0 U g. The mural must not extend more than six inches from the plane of the wall to which it is attached. a 2 h. The mural should enhance the aesthetic beauty of the area of its proposed location. a i. The painted mural should match the drawing presented. Any changes would need approval by the Collie) o County Public Art Committee. N The mural must be located on only one facade of a building. The mural may not be placed on the primary c fagade of the structure. Exceptions can reviewed, when the nature of the business is creative, artistic or N some other special circumstance is presented. N k. The mural must be compatible with the character of the surrounding area (particularly when near residential areas) in terms of its size, style, colors, materials, general appearance, and location. Any licensed, copyrighted, or trademarked characters or likenesses used on murals must have permission from the holder or owner of the license, copyright or trademark. M. No approval shall be issued for mural installation if there are outstanding code enforcement violations charged by the City on the property where the mural is to be located. Outstanding debts to the County must be paid in full prior to the issuance of the mural permit. Permit expiration and extension. Except as provided in subsection (2). below, if installation of the permitted original artwork mural has not taken place within twelve (12) months of the date of issuance of the mural permit, the permit is void and no further work on the mural may be done at the site until a new permit has be approved and new fee paid. An approved mural permit may be extended by the planning department for an additional period of no more than twelve (12) months upon the planning department finding that the applicant was unable to begin or continue the installation of the approved mural for reasons beyond his or her control. A request for permit extension must be in writing and must be received by the Planning Department before the original permit expiration date. CIlIUP_Ckldt#rlIt blic Art Committee Materials May 2023 [3) Mural Application Ppal­ 'I Packet Pg. 649 35.A.2 Maintenance The property owner is responsible for ensuring that a permitted original artwork mural is maintained in good condition and fully repaired in the case of vandalism or accidental destruction. Failure to maintain the Original Artwork Mural is declared to be a public nuisance and may be summarily abated or repaired by the City. The City may pursue additional remedies to obtain compliance with this section as appropriate, including removal of the mural. In addition to other remedies provided by law, in the event the property owner fails to maintain the mural, the City may perform all necessary repairs or removal of the mural, and all costs incurred by the City shall become a lien against the property. Mural alterations. In order to make alterations to an original artwork mural, the artist and building owner must obtain a new mural permit. Removal or replacement of murals; violations; enforcement Murals installed in accordance with this section shall remain on site in the approved location and cannot be altered, replaced or removed except as provided in this section, or when deemed to be unsafe by the city building official, or when the City determines replacement is necessary due to damage from natural disasters. The seller of a property containing a mural installed in compliance with this article shall include restrictions by deed or other instrument that requires the buyer to agree to retain and maintain the mural in compliance with this article. Removal of murals; violations, enforcement. This Section 3-72 may be enforced in accordance with the special magistrate code enforcement system in Article VII, Chapter 2 of the Code of Ordinances. Should an approved mural become deteriorated, or otherwise no longer satisfy the terms of the permit, enforcement shall include the City's right to enter upon the property and abate by such reasonable action as necessary to remove or restore the mural, in the City's discretion. Costs of abatement by the City. Upon the City's abatement of the mural, the costs, including the administrative costs incurred by the City, shall be assessed by the Special Magistrate against the real property from which the mural was removed, together with any fine imposed by the Special Magistrate, all of which shall become a lien against the real property in accordance with section 2 - 258 of the Code of Ordinances. Alternative remedies. Nothing in this section shall in any way limit the City to the remedy listed above. This remedy shall be in addition to any other remedy which the City can legally pursue, including, but not limited to, code enforcement measures under Article VII, Chapter 2 of the Code of Ordinances. Recording requirements. The mural permit and the determination of removal shall be recorded in the records of the City, and may be recorded in the official records of Volusia County, and shall be binding upon the heirs, personal representatives, grantees, heirs and successors of the parties. The replacement mural shall meet all of the requirements of this section. A replacement mural must be C111UP-Ck31t#rl1t4blic Art Committee Materials May 2023 [41 Mural Application P Packet Pg. 650 35.A.2 approved by the City Commission. C0116PVQOtyrO blic Art Committee Materials May 2023 [51 Mural Application P Packet Pg. 651 35.A.2 MURAL APPLICATION FORMS SECTION 1 Collier County Mural Program Overview The Mural Program was approved on (date) by the Board of County Commissions in coordination with the Collier County Public Art Committee to bring murals to the downtown area. Below is an overview of the Mural program: WHO MAY PARTICIPATE? Anyone who owns a building in the Ormond Beach Downtown Overlay District, or any merchant within that area with permission from the building owner to paint the building may commission a mural. The Ormond Beach Downtown Overlay District includes the length of Granada Blvd from A1A to Orchard Street. The District extends east/west from Tomoka Avenue to Lincoln Avenue. A MURAL IS NOT A SIGN. Mural designs may not include the following elements: • Words, numbers or lettering; and • Symbols. Murals must be appropriate to the neighborhood setting. Murals may have a small signature placement that can include a hashtag, business name, and artist signature. This placement must be at the bottom and not exceed 6" high by 12" long. WHO SUPERVISES THE MURAL PROGRAM? Applications are submitted to the Collier County Public Art Committee and The Collier County Planning Department. Applications are accepted from building owners/merchants. The Public Art Committee will: • Put out a call for artists, if requested by applicant. • Screen each mural artist. • Work with the building owner or retail merchant to obtain all required approvals and permits from the Collier County. • Work with and assist the artist in planning and finalizing the mural design, including securing any volunteers needed to assist with the mural execution. CIl1UP-CQt*r4blic Art Committee Materials May 2023 [6) Mural Application P Packet Pg. 652 35.A.2 • Promote the mural during and after completion and provide signage for all murals. WHAT IS REQUIRED OF THE BUILDING OWNER/RETAIL MERCHANT? • Contract with the artist and pay his/her fee. • Complete any required City permitting. • Appear before the Collier County Public Art Committee and Board of County Commissioners in support of the mural application. • Finalize a contract between owner/merchant, Collier County, and Artist. • Post permits prior to starting mural work. • Notify Collier County Public Art Committee and Collier County Planning staff when work is completed. • Maintain the artwork for a minimum of two years while it remains on site. • Failure to maintain the art piece will require the owner to remove it either upon notice by the County. ARTIST SELECTION Artists in the Muralists Registry are selected with four criteria in mind: • Appropriateness: Artists are selected based on the appropriateness of their proposal to the project. • Professionalism: Does the artist have a history of professional mural work? • Communication: The artist must have the ability to clearly communicate concepts both visually and through clearly written materials. • Performance: Does the artist have a good professional history of being able to work cooperatively and finish projects on time? Owners may supply their own artists for projects, but all artists must meet these criteria. The Public Art Committee will do its best to connect owners who wish to have a mural on their property with appropriate professional artists. All artists must submit a portfolio of past work for Mural Committee review, as well as their sketches for proposed murals. PROCESS STEPS: 1. Application packet submitted to Collier County Planning Department. 2. Ormond Beach Arts District Mural Committee reviews application. 3. Final proposal for mural presented to Ormond Beach Arts District Mural Committee. 4. Based on Mural Committee approval, the project will be finalized and forwarded to the City Commission for review. 5. Payment of advertising fees associated with the public meetings required by the mural ordinance. 6. Mural work begins. C0l1WP-Cdldt#rl1t blic Art Committee Materials May 2023 [71 Mural Application P Packet Pg. 653 35.A.2 For further information contact: Contact information CllIUP-CQt*Ot blic Art Committee Materials May 2023 [81 Mural Application P Packet Pg. 654 35.A.2 PROJECT LOCATION: Address: Parcel ID: APPLICANT/OWNER INFORMATION: Applicant Name/Title Company Street Address City / State / Zip Telephone Email PROJECT TITLE: PROJECT DESCRIPTION: Estimated Start Date: Estimated Completion Date: Collier County Application for Mural Project Owner Name/Title Company Street Address City / State / Zip Telephone Email C0l1UP-CQt*0t blic Art Committee Materials May 2023 191 Mural Application P Packet Pg. 655 35.A.2 ARTIST INFORMATION: Name: Business Name (if different) Address: Telephone: Email: PLEASE SUBMIT THE FOLLOWING MATERIALS AS PART OF YOUR APPLICATION: 1. Site Plan — Indicating the placement of the proposed mural at the site, including measurements and a photo of the existing structure. 2. Completed Sketch of Proposed Mural — Must include dimensions, all thematic proposals, and colors and as much detail as possible. A finished version of the design must be presented during the design review process. ❑� 3. Description of Proposed Materials and Colors — Including any manufacturer's specifications. Actual colors and materials must be presented during the design review process. 4. Detailed Maintenance/Conservation Plan — Describe required maintenance, including frequency of maintenance and projected costs. Indicate material to be used for final protective coating. ❑❑ 5. Artist's Resume, Portfolio and References — or a link to available online materials. 6. Owner's Application. M7. Lessee's Application — if applicable. 8. Mural Ownership Agreement. F79. Waiver of Rights Pursuant to Visual Artists Rights Act. All materials should be submitted to: Collier County, Planning Department, contact and address. When the City has received all the above materials, the review committee may request additional materials prior to scheduling a final committee review. C0l1UP-CQt*0t blic Art Committee Materials May 2023 1101 Mural Application P Packet Pg. 656 35.A.2 Mural Project Building Owner Application located at own the building would like a mural on my property. Attached to this application is proof of ownership. (Signature) (Print name) Email address: (Date) (Preferred phone number) OWNER HEREBY AGREES TO: 1) Finalize an application between owner/lessee, City and /artist; 2) Complete any permitting required by the Collier County; 3) Pay any applicable fees to the City or provide proof of payment by lessee/other; and 4) Remove mural from building, if the work fails to meet City upkeep requirements. PLEASE COMPLETE FORM AND RETURN TO: Collier County Planning epartment address Email: @colliercountyfl.gov Telephone: 289- and 00lIUP-CQt*0t blic Art Committee Materials May 2023 [11] Mural Application P Packet Pg. 657 35.A.2 Mural Project Building Lessee Application I, , am the lessee in the building located at and would like a mural on my property. Attached to this application is proof of ownership. (Signature) (Print name) Email address: BUILDING LESSEE HEREBY AGREES TO: (Date) (Preferred phone number) 1) Finalize a contract between owner/lessee, City, and artist; 2) Complete any required permit from Collier County; 3) Pay any applicable permit fee to the City or provide proof of payment by owner/other; and 4) Maintain mural to artist's and City's specifications. PLEASE COMPLETE FORM AND RETURN TO: Collier County Planning epartment address Email: @colliercountyfl.gov Telephone: 289- 00l1UP-CQt*0t blic Art Committee Materials May 2023 [12) Mural Application P Packet Pg. 658 35.A.2 Mural Ownership Agreement This Agreement is made this day of , 20 , between ("Artist"), the Collier County, Florida ("City)" and (`Building Owner") for the purpose of stipulating ownership and responsibility for all details pertaining to the installation of a mural in the Ormond Beach Downtown Mural Program. (Section 3-72, Land Development Code). Artist is the creator of a mural painting currently titled: Building Owner is the owner of the building on which the mural will be exhibited. The Building Owner will be responsible for surface preparation on the building for painting prior to the creation of the mural as well as preserving and maintaining the mural for the period set out below. Failure to maintain the art piece may require the owner of the wall on which the mural is located to remove it, either upon notice by the city or upon order by the Special Magistrate. Location of Mural: LICENSING: Artist warrants and represents that the mural painting and rendering(s) assigned by this Agreement have never been published or copied and that Artist is the sole owner of all rights herein, including and not limited to, the right to prevent the making and dissemination of copies, and the right to obtain statutory copyright extending to the Artist the exclusive right to manufacture and sell copies for a fully statutory term and renewal thereof. C0l1UP-CQt*0t blic Art Committee Materials May 2023 [13) Mural Application P Packet Pg. 659 35.A.2 TERM: Building Owner hereby agrees to the mural painting being maintained in place for a minimum of two (2) years from the date of the mural completion. The owner retains the right to remove the mural or repaint the wall after this period of time. EACH PARTY HEREBY CONSENTS TO VENUE OF COLLIER COUNTY AND THE MIDDLE DISTRICT OF FLORIDA. IN WITNESS WHEREOF, the parties have executed this Agreement and Memorandum of Understanding in Collier County, Florida, the day and year first written above. ARTIST (initial each line and sign below): I verify that the mural submitted is an original work of art and has not been previously used or seen. I verify that the mural will be painted/installed by me, or under my supervision if done as a community mural. I understand that the finished mural must match the submitted mural rendering/proposal. If the completed mural does not match the approved mural attached to the mural permit, I understand and agree that the CITY may require the removal of the completed mural. I have read and agree to fully abide by the Collier County Mural Code, Sec. 3-72, Land Development Code ("Mural Code"). I have read this Agreement and Memorandum of Understanding and understand the process and my responsibilities. I have signed the attached waiver of VARA rights. I may be compensated for the completion of the mural; however, I understand and agree that I may not receive compensation for the right to display the mural on the property. I understand and agree that I will have the right to use an image of the mural as part of my artist portfolio, but I will not have the right to recreate the mural anywhere else. I hereby give my consent to the Collier County and the Arts District to use an image of the mural for promotional purposes, such including but not limited to promoting the City, the Downtown Overlay District, or the Mural Program. I understand that the property owner shall own the completed mural, and as such is responsible for maintaining the condition of the mural in accordance with the Mural Code. CIl1UP-CdQ0t#rl1t blic Art Committee Materials May 2023 [141 Mural Application P Packet Pg. 660 35.A.2 I understand that the mural must be maintained in accordance with the requirements provided in the Mural Code; and I hereby give my consent to the City and/or building owner to remove the mural, with ninety (90) days' notice being provided to me, if the mural is not maintained in accordance with the requirements of the Mural Code or if it becomes a safety hazard. ARTIST: Artist signature Witness signature Artist print name Witness print name Date: BUILDING OWNER (initial each line and sign below): I am the property owner of the subject property. All statements in this Agreement are true and correct. I have read and agree to fully abide by the Collier County Mural Code, Sec. 3-72, Land Development Code ("Mural Code"). A copy of the proposed mural is attached. The property owner and business owner agree to allow the approved mural on the subject building. Prior to painting of the mural, the property owner must obtain a mural permit from the City. The completed mural must match the approved rendering attached to the permit or the mural will fail final inspection. Painting a mural different than the approved mural design is a violation of the City Code which may result in the assessment of fines and the imposition of a lien against the subject property and all property in Volusia County owned by the property owner. I hereby give my consent to the Collier County and the Arts District to use an image of the mural for promotional purposes, such including but not limited to promoting the City, the Downtown Overlay District, or the Mural Program. I understand that I will be responsible for maintaining the condition of the mural in accordance with the Mural Code. C 11UP-C 31t*r# blic Art Committee Materials May 2023 [15) Mural Application P1111- Packet Pg. 661 35.A.2 I understand that the mural must be maintained in accordance with the requirements provided in the Mural Code; and I hereby give my consent to the City to cause the removal of the mural if it is not maintained in accordance with the requirements of the Mural Code. BUILDING OWNER: Building Owner signature Building Owner print name Date: COLLIER COUNTY, FLORIDA By: x x Date: Attest: x x Date: Witness signature Witness print name C111UP-Cd31t#rl1t blic Art Committee Materials May 2023 [161 Mural Application P Packet Pg. 662 35.A.2 Waiver of Rights Pursuant to the Visual Artists Rights Act have prepared designs for the following art work: (Specifically identify the work) The above -described work may be considered to be a "work of visual art" subject to the provisions of the federal Visual Artists Rights Act of 1990, specifically the rights of certain authors to attribution and integrity, as codified at 17 U.S.C. §106A(a). I am an author of the work(s) described herein, and am authorized to waive the rights conferred by §106A(a), in accordance with the waiver provision of 17 U.S.C. §106A(e)(1). STATUTORY PROVISIONS 17 U.S.C. §106A - Rights of certain authors to attribution and integrity. (a) Rights of Attribution and Integrity. - Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art — (1) shall have the right — (A) to claim authorship of that work, and (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create; (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and C0l1UP_CQt*0t blic Art Committee Materials May 2023 [171 Mural Application Ppal­ 'I Packet Pg. 663 35.A.2 (3) subject to the limitations set forth in section 113(d), shall have the right (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right. 17 U.S.C. §106A(e)(1) -Transfer and waiver. The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors. WAIVER As author of the above -described work, I hereby permanently waive my rights pursuant to 17 U.S.C. §106A(a)(3) to prevent any distortion, mutilation, modification or destruction of that work, for whatever reason and for whatever use of the work such distortion, mutilation, modification or destruction of the work is undertaken. This waiver does not extend to the rights of attribution conferred by 17.U.S.C. §106A(a)(1) or §106A(a)(2). Artist Signature Artist Print Name Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this to me. day of 20_, by , as artist, who (_) provided as identification, or (_) who is personally known Notary Public, State of Florida My Commission Expires: Collier County Public Art Committee Materials May 2023 Packet Pg. 664 35.A.2 MURAL GUIDELINES (in accordance with City of Tybee Island Ordinance 2014-34A INTRODUCTION Thank you for your interest in having a decorative mural for your business in the City of Tybee Island. Mural projects are an investment in cultural capital that goes far beyond tourism, improved aesthetics, increased business traffic and building occupancy, and eradication of blight. Murals are an investment in a city's unique identity and its cultural cohesiveness, and contribute to its public art. To effectively implement a successful mural program, which will ensure consistency and aesthetic value in the community; it is important that applicants adhere to the following guidelines, which will ensure the best possible results. The application process and guidelines that follow are intended to provide mural applicants with a reasonable process that will safeguard the interests of the community, as well as those of the individual property owner. Allowance of painted, decorative murals is intended to extend public art into commercial areas of the City of Tybee Island in order to enhance the cultural experience of the public. Applications for mural designs on privately -owned commercial buildings in the City of Tybee Island must be approved by the Development (Dev'I) Authority / Main Street Board of Directors through the Mural Design Review Application approval process described below. To make an appointment for reviewing the resource material, mural review for approval, and / or for further information, please contact the Tybee Island Dev'I Authority / Main Street Executive Director at (912) 472-5071 or cmorton@cityoftybee.org. COMMERCIAL BUILDING MURAL PROGRAM GUIDELINES 1) Theme / Design Criteria: a) Murals on privately -owned buildings must reflect the character, culture and history of the area/neighborhood. Murals will adhere to creative themes including: vintage / historic Tybee Island (photos for reference are available through the Tybee Island Historical Society and / or the Dev'I Authority / Main Street Office) Tybee beaches / ocean, nature scenes. An emphasis should be reflective of the specific area /neighborhood. b) Appropriate thematic and other relationships to the surrounding environment. c) Appropriateness of scale. d) No signage or subject matter that could be construed as advertising, copy, symbols or references directly promoting any product, business, brand, organization, service, cause, or political messages. 2) Site Selection Criteria: a) The building owner submits a letter of request with proposed mural details to the Dev'I Authority / Main Street Executive Director for consideration. The request must include the proposed idea or theme; a photograph of the wall on which the proposed mural will be created; and photographs of the surrounding area, including structures immediately adjacent to the building. The letter must include proof in writing that the required private funds and/or in -kind contributions are secured, as well as, a 5-year maintenance plan. b) The submittal must include a letter from the property owner (if different from applicant) confirming their approval of the proposed mural to be on their building and acknowledge they are responsible for upkeep. Collier County Public Art Committee Materials May 2023 Packet Pg. 665 35.A.2 3) Planning / Considerations: a) Once a mural is painted in an outdoor location, it becomes public art. There are a number of factors that need to be taken into consideration before a mural is started. b) The artist and the building owner should agree upon the content of the mural with an estimate of the cost. c) A written contract should be signed between all parties involved, i.e. artist, building owner or leaser) prior to work beginning. d) The contract should designate the lifetime of the mural (three, five, seven or other, agreed upon years) that the mural will be left undisturbed, after which the mural can be painted over without penalty. e) Consider the location of the wall in which to attach plywood for the mural to be displayed. Reasoning for plywood / maintaining the integrity of a building... For historic buildings and districts, careful consideration of the historic fabric and historic setting should be considered. Murals should not compromise the character defining features of a historic building or district, as this may compromise its eligibility for the National Register of Historic Places now and / or in the future. In some cases, attaching plywood to the exterior of buildings can help protect historic fabric, but can also cause other preservation issues if not maintained. f) Investigate the different paints available and strive for the most durable. g) Determine who will maintain the mural if the work is damaged and / or needs attention. h) Take into account the surrounding businesses and residents when planning the mural. 4) Mural Making Process: a) When painting a mural, it is important to choose an appropriate wall and location. Protecting the integrity of buildings on Tybee Island is of utmost importance; therefore, plywood* must be attached to the building for the mural to be painted. Water leaks and cracks in the plywood may have adverse effects on the mural and should also be avoided. Murals, which face direct sunlight during the daytime hours fade and peel much faster than those which do not get direct sunlight or are protected by overhanging architecture. Murals located in heavily trafficked areas will be subject to more smog, dirt and chemicals which may change the colors of the original paint. b) Before painting, it is highly recommended that the surface be cleaned thoroughly. The cleaner the surface is, the longer the mural will last. After the surface has been cleaned, a coating such as gesso should be applied to create a smooth and consistent surface to which the paint can bond. Surface preparation, materials, paint, and anti -graffiti coating should be compatible with each other as well as with the surface. Consult manufacturers of products for specific information. One type of paint that may be used is mineral paint because it bonds extremely well with the wall and should last many years. Paint should be applied thinly and evenly. Thick layers of paint take longer to dry and tend to peel quickly. c) It is recommended that a protective anti -graffiti coating be applied to murals to protect them from graffiti and vandalism. Several products that employ a sacrificial coat to the mural surface are on the market. Some coatings may crack, bubble, fog, yellow or otherwise alter the colors on the mural. Therefore, a layer of varnish may be applied to the finished mural first to isolate and protect the paint layer. d) Consistent maintenance is extremely important to the durability of outdoor murals. It is recommended that a regular maintenance plan be devised for each mural. Collier County Public Art Committee Materials May 2023 Packet Pg. 666 35.A.2 5) Mural Design Approval Process a) Mural proposals are initially reviewed by appointment with the Dev'I Authority / Main Street Executive Director. b) The complete mural submission will be reviewed at the next scheduled Dev'I Authority / Main Street Design Committee meeting for a recommendation to be considered at the next scheduled Board of Directors meeting. The applicant is encouraged to attend the meetings. i) The Design Committee meetings are typically held the 1't Thursday of each month at 6pm. The Board of Directors meetings are typically held the 3rd Wednesday of each month at 6pm. Both meeting are held in the Tybee Island City Hall Auditorium at 403 Butler Avenue. c) A complete Mural Design submission must include the following: (1) Written description of proposed design, site, surface preparation, materials and processes to be used (including anti -graffiti treatment), individual/groups involved in the mural design, and/or preparation, and parties responsible for subsequent maintenance. Ideally, a separate maintenance plan should be included. (2) Written permission to proceed with the project, including any additional requirements, from the property owner. (3) Color scale rendering (no larger than 8-1/2" x 14") of proposed design, including any text. (4) Photographs of the proposed site and physical surroundings (5) Timeline for completing the project (6) Documentation of finished work. Photographic documentation of completed projects is required for our records. PLEASE NOTE: Once the Tybee Island Dev'I Authority / Main Street Board has approved the proposed mural design, the artist may not make additional changes to the design without returning to the Design Committee for recommendation of Board approval of the changes prior to implementation of the mural. During the review process, Directors may make recommendations to meet the intent of the mural guidelines and better assist the applicant. In the event that the applicant fails to receive Dev'I Authority / Main Street Board approval for submitted mural design, s/he may appeal this decision to the City Council. 6) General Definitions: Gesso — A traditional mix of glue binder, chalk, and white pigment, used to coat rigid surfaces (e.g. wooden painting panels) as an absorbent primer coat substrate for painting. Sign — An advertisement through graphics or text identifying a specific business, product, or service. Mural — A singular hand -painted work of art with graphics related to artistic design for public display. Collier County Public Art Committee Materials May 2023 Packet Pg. 667 35.A.2 Mural Idea Application We're looking for great ideas to collaborate on with neighborhoods and artists! Our community -driven mural -making process builds on Mural Arts' guiding principles of collaboration and equity, and is open to everyone in Philadelphia.We are looking for ideas that tell the story of our city and connect communities through art. You or your community group can submit your mural ideas here! Please review our mission statement before starting your application to better understand the types of projects we support. You will hear from us whether your application is approved or not approved. Artists with ideas are welcome! How to Apply: Fill out the online form! If you need assistance or a paper application, please contact a representative from Mural Arts Philadelphia Community Murals department, at 215-685-0750 or community@muralarts.org. You can fill out the application at any time. Mural Arts staff reviews mural applications twice per year: submit your application by April 15 to hear back by June 15, or submit by December 15 to hear back by January 31. Your information First name * Last name * Are you an artist proposing a project you would design? Select Phone number * Collier County Public Art Committee Materials May 2023 Packet Pg. 668 35.A.2 +1 (—) --. Email address * Your Mailing Street Address Mailing Address Mailing Address Line 2 Your City * Philadelphia Your State PA Your Zip Code * Section 1: Community & Organizational Support Mural Arts is interested in working with non-traditional organizations or new communities, as well as more established groups. These include but are not limited to: • Individuals representing topics of neighborhood and/or city-wide interests • Organizations with a strong community volunteer base • Non -English speaking communities • Civic Associations • Community Centers • Community Development Corporations Schools • Recreation Centers • Communities of Faith • Businesses • Block clubs • Business Improvement Districts • Non -profits Organization name (if applicable) Please list any other partner organizations or community groups who support this project. Collier County Public Art Committee Materials May 2023 Packet Pg. 669 35.A.2 Section 2: Project Topic Please describe the theme and/or concept you envision for this mural. Why is this concept timely and relevant to the neighborhood, community, youth, and/or the city of Philadelphia? Why do you feel a mural is the ideal way of exploring or bringing awareness to this concept? Section 3: Additional Questions Do you have a location in mind for this mural? * Yes No Collier County Public Art Committee Materials May 2023 Packet Pg. 670 35.A.2 Have you identified any additional funding resources to contribute to this project? * 0 Yes 0 No Are you affiliated with a Registered Community Organization? 0 Yes 0 No Are you representing a community group or association? For example, Friends of groups, Rec advisory councils, etc. 0 Yes 0 No Is your City Council office aware of this request? If so, please note your City Council District. Find your City Council representative: http://philacitycouncil.maps.arcgis.com/apps/InformationLookup/index.html?appid=5aa8ce8 6ed1a45c99c2c751bd9ebcc06 We love to support exciting ideas that expand the cultural landscape and artistic identity of Philadelphia. Do you envision bringing a special or unique process or material into this project? Tell us all about it! Would you like to join the Mural Arts Mailing List? Please enter your email! ❑ Send me a copy of my responses Submit Collier County Public Art Committee Materials May 2023 Packet Pg. 671 35.A.2 Wall Submissions for Potential Projects Do you have a great wall and want to beautify your neighborhood? Please fill out this form and we'll include your location in our database of potential mural sites. We will then reach out to you about the availability of your site regarding different projects. First and Last Name * Phone number * Email address * Your Mailing Address * Organization name (if applicable) Are you working with any community or neighborhood organizations? If so, please list them here: Factors to Consider for a Good Mural Site: Do you own the wall or have permission from the owner for a mural at the location? * 0 Yes 0 No 0 Permission from Owner What neighborhood is the wall located in? * If you are unsure, use this resource to find your neighborhood: https://www.dvrpc.org/webmaps/pin/index.html Select or enter value This wall is located INDOORS or OUTDOORS? 0 Indoors 0 Outdoors The Available Location Address: Street Address * Collier County Public Art Committee Materials May 2023 Packet Pg. 672 35.A.2 City * State Select Zip Code Wall Dimension * Please enter approx. dimensions H ft. x W ft. The wall is BRICK, CINDERBLOCK, STUCCO or OTHER?* Please be aware that there are some wall materials we cannot make a mural on. Good canvases for murals are smooth and undamaged such as stucco. ❑ Brick ❑ Cinderblock ❑ Stucco ❑ Other Why is this a great wall for a mural? Do you have an idea for the mural? If so, please tell us more! Upload images of the Wall * Drag and drop files here or ❑ Send me a copy of my responses Collier County Public Art Committee Materials May 2023 Packet Pg. 673 Florida Public Art - FAPAP Collier County Public Art Inventory Collier County Public Art Committee Materials May 2023 Packet Pg. 674 O W U m LL El O E E V E Q J � O co N O N T fC (6 (6 N E E 4 7 a ^, m U 0 _W O O U � co ULL }; N Q Q J 'I co N O N T fC (6 (6 N E E 4 a L CIO •� N W Q W coN O N fC (6 Ccu G