Loading...
2012-28064 Reso RESOLUTION NO. l 2012 -28064 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER ACCEPTING THE DONATION FROM THE LEVINE FAMILY OF A MEMORIAL BENCH DESIGNED BY AGUSTINA WOODGATE HONORING THE COMMUNITY LEGACY OF I. STANLEY LEVINE, FOR PLACEMENT ON THE NINE HUNDRED BLOCK OF LINCOLN ROAD; AND FURTHER, IF APPROVED, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LEVINE FAMILY ESTABLISHING A MAINTENANCE RESERVE ACCOUNT FOR THE FIRST YEAR OF MAINTENANCE AND REPAIRS TO SAID MEMORIAL BENCH WHEREAS, on December 8, 2010, the City Commission, at the request of Mayor Bower, referred a request by the Levine family for the establishment of a monument or memorial on Lincoln Road in honor of I. Stanley Levine, to the Neighborhood /Community Affairs Committee (NCAC); and WHEREAS, on January 11, 2011, the NCAC passed a motion to recommend the approval of a memorial bench, to be placed on Lincoln Road in honor of Mr. Levine; and WHEREAS, on October 5, 2011, the AiPP Committee met and passed a motion recommending the approval of a proposed memorial bench, to be designed by the artist, Agustina Woodgate; and WHEREAS, on November 8, 2011, the Historic Preservation Board (HPB) reviewed and approved the proposed memorial bench; and WHEREAS, on December 1, 2011, the City retained professional art conservator Rosa Lowinger and Associates (RLA) to review the proposed methods and materials under consideration by the artist, and determined that the projected annual maintenance costs for the proposed memorial bench were estimated at $7,500 for the first year; and WHEREAS, on September 25, 2012, the AiPP Committee met and unanimously passed a motion withdrawing its previous support for the memorial bench; the AiPP Committee felt that public funds should not pay for the establishment of a private memorial (by a third party) on public property (and thereby setting a precedent which would allow others to make similar requests); and WHEREAS, on October 15, 2012, following extensive discussion and public comment, the NCAC passed a motion recommending the establishment of a memorial to honor. Mr. Levine, by way of the placement of the proposed memorial bench (by the artist, Agustina Woodgate), which would be donated to the City by the Levine family and placed on the 900 Block of Lincoln Road; and WHEREAS, the NCAC's recommendation was further conditioned on the proviso that the. Levine family establish a maintenance reserve account to cover professional art restoration services that might be required to maintain the bench; above and beyond the City's standard maintenance for Lincoln Road Mall; and i I WHEREAS, as required pursuant to Section 82 -504 of the City Code, the City Commission must set a public hearing to hear public comment regarding the establishment of the proposed memorial. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby set a Public Hearing to consider accepting the donation from the Levine family of a memorial bench designed by Agustina Woodgate honoring the community legacy of I. Stanley Levine, for placement on the nine hundred block of Lincoln Road; and further, if approved, authorizing the City Manager to execute an agreement with the Levine family establishing a maintenance reserve account for the first year of maintenance and repairs to said Memorial Bench. PASSED and ADOPTED this A day of November, 2012. ---- 'MAYOR ATTESTED BY: CITY CLERK INCORP11 ORATED` APPROVED AS TO FORM & LANGUAGE & FOR EX CUTION �, 1l�O Cit t rney a �r� COMMISSION ITEM SUMMARY Condensed Title: A Resolution setting a public hearing to consider a donation from the Levine Family of a memorial bench designed by Agustina Woodgate honoring I. Stanley Levine, for placement on the 900 Block of Lincoln Road, and to execute a contract with the Levine Family accepting the donation valued at $40,000 and establishing a maintenance reserve account for the first year of maintenance and repairs to said memorial bench. Key Intended Outcome Supported: Increase community rating of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey shows that 67% of residents 56% of businesses feel the City has "about right' the amount of cultural activities. Issue: Shall the City seta public hearing date to consider the donation of a memorial bench for the 900 block of Lincoln Road? Item Summa /Recommendation: The above referenced item was first deferred to Neighborhood /Community Affairs Committee (NCAC) at the City Commission meeting on Dec. 8, 2010, at the request of Mayor Herrera Bower. The process of approving the placement of a commemorative memorial is governed by City Code, Article VI. Naming' of Public Facilities and Establishment of Monuments or Memorials, Sec. 82 -504 and the City's Art in Public Places (AiPP) Guidelines donation policy. On Jan. 11, 2011, NCAC discussed proposal to honor I. Stanley Levine with a bench on Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of a memorial and staff reminded the Committee that the City had not budgeted funds for this project. Mr. Robert Levine (Donor), the son of I. Stanley Levine, stated the family was willing, if necessary, to fund this memorial. On Oct. 5, 2011, the AiPP Committee passed a motion to recommend approval of the proposed memorial bench and also advised the Levine family that per the City's AiPP Guidelines donations of works of art, include costs for design, fabrication, installation, insurance, bonding and maintenance. On Nov. 8, 2011, the Historic Preservation Board (HPB) approved the proposal for the memorial bench and deleted the maintenance provision. Dec. 1, 2011, the City retained the professional art conservators Rosa Lowinger & Associates to review the proposed methods and materials being proposed by the artist and determined because of the expected high use, location, material, and white color, it will require monthly maintenance and annual repairs estimated at $7,500. On Jan. 30, 2012, NCAC met and the Administration recommended the donor establish a maintenance fund for the project, as required by the City's AiPP Guidelines. The Committee moved to defer the item and allow Comm. Tobin to visit the site with Robert Levine and staff to determine if another material could be used to fabricate the work. On Sept. 24, 2012, Robert Levine contacted the City and advised he looked at building the structure out of concrete, per Comm. Tobin's request, and discovered it would be cost prohibitive, approximately $90,556 more than the original budget and that the City assumes the ongoing maintenance costs. On Sept. 25, 2012, AiPP met and unanimously passed a motion withdrawing its previous support of the memorial bench in response to the donor's planned request for the City to pay for the maintenance of the artwork recommending that public funds should not pay for the establishment of a private memorial by a third party, on public property, thereby setting a precedent which would allow others to make similar requests. On October 15, 2012, NCAC met and unanimously agreed to recommend acceptance of the proposed donation, with the provision that the donor establish a maintenance reserve account to cover costs of professional art restoration that may be required above and beyond the City's standard janitorial pressure cleaning on Lincoln Road. The amount of the maintenance reserve account remains to be negotiated with the donor. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION SETTING A PUBLIC HEARING Advisory Board Recommendation: Historic Preservation Board recommended in favor of the selected public art project on Nov. 8, 2011 and the NCAC recommended in favor of the project on Oct. 15, 2012. Financial Information: Source of Amount Account Approved Funds: OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Max Sklar, ext. 6116 Sign-Offs: Department Director As nt C M a i Manager FAS MAS KGB 11 A AGENDA ITEM C70 V4:� 7 MIA DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSON MEMORANDUM TO: Mayor Mattie Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: November 14, 2012 SUBJECT: SETTING OF THE PUBLIC HEARING: LEVINE MEMORIAL BENCH DONATION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER ACCEPTING THE DONATION FROM THE LEVINE FAMILY OF A MEMORIAL BENCH DESIGNED BY AGUSTINA WOODGATE HONORING THE COMMUNITY LEGACY OF I. STANLEY LEVINE, FOR PLACEMENT ON THE NINE HUNDRED BLOCK OF LINCOLN ROAD; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE LEVINE FAMILY ACCEPTING THE DONATION VALUED AT $40,000 AND ESTABLISHING A MAINTENANCE RESERVE ACCOUNT FOR THE FIRST YEAR OF MAINTENANCE AND REPAIRS TO SAID MEMORIAL BENCH. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND The above referenced item was first referred to the Neighborhood /Community Affairs Committee at the City Commission meeting on December 8, 2010, at the request of Mayor Herrera Bower. The subject was discussed at NCAC meetings in 2011 and 2012 as outlined below. The process of approving the placement of a commemorative memorial, in this particular case to honor Mr. 1. Stanley Levine by placing a bench designed by an artist, is governed by City Code, ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS, Sec. 82 -504. A copy of Section 82 -504 is attached for your reference (Exhibit 1) and the City of Miami Beach Art in Public Places Guidelines donation policy (Exhibit 2). PROPOSAL Agustina Woodgate: "The Stanley Bench" The following description of the project is taken from Agustina Woodgate's proposal, as further described in Exhibit 3. The dimension of the artwork is estimated at 8'15/16' in height, 25' in length, and the width is 9'. The proposed cost of the project is $40,000 and the project timeline reflects the fabrication is three (3) months and installation in one (1) week. "This bench is inspired by 1. Stanley Levine's commitment to the performing and visual arts which had a great influence in some of the seminal art organizations in Miami Beach; Concert Association; Page 2 of 6 Proposed Public Art Donation 1 Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 ArtCenter South Florida and Miami City Ballet. The site - specific project being proposed references the black and white pattern on the side walk that Morris Lapidus, the architect for Lincoln Road did when the Road was closed to vehicular traffic. The work is a surrealistic interpretation of the black and white pattern becoming the ebony and ivory keys of a piano and homage to Mr. Levine's love and support of music and art. It is as if the spirit of music has escaped from the sidewalk itself. The open design enables users to select their orientations and perspectives. This design enables the bench environment to host group conversations and /or individual respite. Levine helped keep a pedestrian promenade which encouraged social interaction, movement and music of everyday street life, art and culture. The bench seeks to create a microcosm of that gift to the City of Miami Beach." HISTORY On December, 8, 2010, the City Commission, at the request of Mayor Bower, referred the above referenced item to the Neighborhood /Community Affairs Committee for discussion. On January 11, 2011, the Neighborhood /Community Affairs Committee discussed a proposal to honor the community legacy of I. Stanley Levine with a bench designed by an artist on Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of a memorial in honor of I. Stanley Levine. Staff reminded the Committee that the City had not budgeted funds for this project and Mr. Robert Levine (Donor), the son of I. Stanley Levine, stated the family was willing, if necessary, to fund this memorial. Subsequently, the Levine family began discussions with the Administration for a commemorative bench on Lincoln Road. Originally, the Levine family proposed a bronze bench with a figurative representation of I. Stanley Levine. Due to I. Stanley Levine's involvement with ArtCenter /South Florida and his commitment to visual arts, the AiPP Committee and staff encouraged the Levine family to consider more contemporary artists for this project. The Committee also felt that contemporary artists would fit better with the types of public art commissions the City is currently funding. The Levine Family agreed with this direction and began working with the AiPP Committee to identify potential artists for the project. A Call to Artists was conducted by the Levine family and three (3) proposals were subsequently presented to the AiPP Committee. On October 5, 2011, the Art in Public Places Committee (AIPP) discussed the three (3) proposed designs for the I. Stanley .Levine memorial bench for Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of the proposed memorial bench designed by artist Agustina Woodgate, and based on the AiPP Guidelines Donation Policy. Please see Exhibit 3 for a rendering of the select art piece. The AiPP Committee also advised the Levine family that, per the City's Art in Public Places Guidelines, which were adopted by City Commission and referenced in Chapter 82 of the City Code, "donations of works art, to include costs for design, fabrication, installation, insurance, bonding and maintenance," are the responsibility of the donor. Throughout the process, the Levine family understood that they would be responsible for funding the aforementioned costs of the project, including the establishment of a maintenance endowment. On November 8, 2011, the Historic Preservation Board (HPB) reviewed and approved the proposal submitted by artist Augustina Woodgate for the I. Stanley Levine memorial art bench to be located on the 900 Block of Lincoln Road. The HPB deleted the `maintenance provision from their Motion to Approve, as they felt the City should be responsible for long -term maintenance. Planning Department staff however recommended retaining the maintenance provision in the HPB Staff Report because the City has always made the donor responsible for annual maintenance, in perpetuity. Typically, maintenance of public art projects has high costs due to constant exposure to the public and the weather, and to the fact that they must be maintained by a qualified conservator. Page 3 of 6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 Following the HPB recommendation, on December 1, 2011, the City retained professional art conservators Rosa Lowinger and Associates (RLA) to review the proposed methods and materials under consideration by the artist to determine projected annual maintenance costs for the proposed piece. On January 6, 2012, the conservation review was received and the following description is taken from RLA's consultation report: There are numerous concerns about public use. Most significant among these is the high use that the bench will receive. It will require monthly maintenance to keep clean. Properly anchored skateboard stoppers are a must. This bench is expected to require regular maintenance due to its location and white color. Barring any vandalism, it is expected to require monthly cleaning to remove dirt, gum, accretions, scuff marks, and grime. The current appearance of the nearby fountain is an indication of how quickly this area requires cleaning and repairs. Minor repairs to the gel coat cannot be predicted fully, however it is safe allow for 20 hours per year, including set up and breakdown costs for such . .work. Polyester resins used in gel coats are toxic and odoriferous. If the public is kept 5 feet away from the work there should be no problem with toxicity; however the City should consider the fact that the scent of the work will still be palpable at that distance and there may be members of the public who will complain about real or imagined headaches, etc if they can perceive the scent of the material. Based on our assessment, the City should allow for the following budget for maintenance: . Cleaning: @ $500.00 per month = $6, 000.00 annually* Annual repairs: 20 hours @ $75.00 per hour = $1,500.00 annually* Total Maintenance Cost Per Year = $7,500. 00. * *Add 5% per year to these costs for subsequent years. Please see Exhibit 4 for the full report on estimated maintenance costs. On January 30, 2012, the Neighborhood /Community Affairs met and the Administration recommended the donor establish a maintenance fund for the project, as required in the City's Art in Public Places Guidelines, and requested the Committee reconsider this matter. On behalf of the family, Tina Levine stated that she believed the maintenance costs would be an issue for the family. The Committee moved to defer discussion until a future meeting of the Neighborhood /Community Affairs Committee to allow Commissioner Tobin time to visit and review the site. On Feb. 6, 2012, a site visit was conducted with Commissioner Ed Tobin, and Neighborhood /Community Affairs Committee, Chairperson, Robert Levine, Max Sklar, Interim Assistant City Manager and Dennis Leyva, Art in Public Places Coordinator. Commissioner Tobin suggested that to minimize the cost of maintaining the proposed art work and to address the issue of possible damage, the work could be created in reinforced concrete, either in a pre -cast method and assembled onsite, or a poured in place method, if the artist believed there was sufficient quality control to achieve the desired result. Mr. Levine agreed to investigate the change of material and to report his findings to the Committee. On September 24, and again on October 1, 2012, Robert Levine contacted the City and advised he had looked into building the structure out of concrete and discovered that it would be cost prohibitive, approximately $90,556 more than the original budgeted amount of $40,000. He is proposing that the memorial bench be fabricated as originally proposed to the City, and that the City assume the ongoing maintenance costs. As a result of Mr. Levine's request that the City share the costs of the proposed memorial bench, the AiPP committee at their scheduled meeting on September 25, 2012, unanimously passed a motion withdrawing its previous support for the project in response to the donor's request that the City pay Page 4 of 6 Proposed Public Art Donation 1 Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 the annual maintenance costs. AiPP members opposed establishing a precedent in which public funds would be used for a private memorial. It should be noted that on April 11, 2012, the City Commission adopted Resolution No. 2012 -27889 approving a Memorial Honoring Barbara Capitman. This approval included a commitment from the family to underwrite the construction and installation of the memorial, including the establishment of a long -term maintenance fund. On October 15, 2012, Neighborhoods /Community Affairs Committee once again considered the proposed donation and its maintenance. The Committee agreed that the bench should be included in the standard janitorial pressure cleaning that the City performs on Lincoln Road, but that the donor should create a maintenance reserve account to cover costs of removal of scuff marks, graffiti, and other damage that may require the attention of someone experienced in maintaining valuable works of art. The Committee then unanimously agreed to recommend acceptance of the. proposed donation and for the creation of a maintenance reserve fund to be funded by the donor for the first year. Long term maintenance costs would be analyzed further after the first year. The amount of the maintenance reserve account remains to be negotiated with the donor. CONCLUSION The Administration recommends setting a public hearing on December 12, 2012 to consider the proposed Resolution. e Page 5 of 6 Proposed Public Art Donation i Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 EXHIBIT 1 I Sec. 82 -504. - Monuments or memorials. (a) Whenever there is a proposal to establish a monument or memorial on public property in the city, it shall first be considered and reviewed by the committee according to the following procedures: (7) Any person, organization, association, corporation or other entity, including a member of the city commission or the administration of the city, may propose the establishment of a monument or memorial at any time by submitting a proposal in writing to the committee. (Z) Within a reasonable time after receipt of the proposal, the committee shall meet to consider and review same. Notice of the meeting shall be given to all persons who have proposed the establishment of the monument or memorial. (3) After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the city commission regarding same. (4) The city commission may only consider a proposal to establish a monument or memorial that has been approved by a majority of the members of the committee. (5) Within a reasonable time after receiving the recommendation for the establishment of a monument or memorial from the committee, the city commission shall call a public hearing. (6) Notice of a public hearing regarding the establishment of the monument or memorial shall be published at least 10 days prior to the hearing in a newspaper of general circulation in the city. (7) At the close of the public hearing, the city commission may approve the establishment of the monument or memorial. In approving the establishment, the commission shall be governed by its established selection criteria. Additionally, any proposal to establish a monument or memorial must be approved by a five- sevenths vote of the city commission. (8) Upon approval of the establishment of the monument or memorial, the city commission shall forward the proposal to the art in public places committee. The art in public places committee will then make its recommendation to the city commission regarding the location, aesthetic quality, maintenance, and other related issues, in accordance with the its established criteria. (Ord. No. 2000 -3266, § 1, 9- 27 -00) Page 6 of 6 Proposed Public Art Donation I Stanley Levine'Memorial Bench City Commission Meeting November 14, 2012 EXHIBIT 2 AIPP GUIDELINES DONATION POLICY (page 16) Donations can be an important part of a collection. Proposed donations, monuments, memorials, or plaques, shall undergo a review process to ensure that acceptance of such donations take place in a fair and uniform manner and supports the criteria set for the by the City Commission. AiPP shall assist in the process relative to any donation of work of art to be accepted by the City for placement on public property in the City or located on public facilities within the City, including monuments, memorials, and plaques, as defined in Chapter.82, Article VI, Section 82 -502 of the Code of the City of Miami Beach, as amended. As deemed necessary, the Committee shall require proposals for donations of works of art to include costs for design, fabrication, installation, insurance, bonding, and maintenance, as deemed applicable. Such costs shall be solely underwritten by the proposed donor. In addition, the donor shall be responsible for costs of a pedestal, identification plaque, base, structural support, and any landscaping related to the proposed public site. If required, utility connections, site modifications, structural reinforcements, or other engineering requirements, and /or site modifications should be described in the donation proposal, and developed by way of construction plans and specifications. The donor shall be responsible of architectural and /or engineering plans, if required, which must be prepared and stamped by a licensed architect and /or engineer. If required, a maintenance endowment shall be negotiated with the donor on a project -by- project basis. Such factors, including but not limited to, value, size, material, location, and potential for vandalism will be considered in determining that the maintenance endowment is adequate to ensure proper care and maintenance of the donated work of art, and to assure that the work of art will remain in a condition and high quality satisfactory to the donor and the City. Maintenance shall include not only care of the work of art itself but, if applicable, the public property immediately surrounding the work of art; particularly if the art is placed in a City park. Donation Criteria • Is the proposed donation a work of art with aesthetic merit, of exceptional quality, and enduring value? • How is the proposed donation compatible or incompatible with the City's current collection of works of art, particularly those located on public property and /or facilities within the City? • Is the work of art compatible in scale, material, form, and content with its surroundings? ■ Consideration shall be given to the social context of the work, and the manner in which it may interact with people. • Relationship of the work of art and the proposed placement site shall be considered in terms of the physical dimension, social dynamics, local architectural character, and surrounding urban neighborhood context of the site, existing or as planned. • The following factors may also be considered: o visibility and accessibility o safety and traffic patterns (both interior and exterior) o significance and relationship to the proposed site o social context (intend use of the work, if any) o facility /area users o landscape design and /or environmental concerns o future development plans for the area o existing works of art within the proposed site vicinity In addition to the AiPP review, as set forth herein, design, placement, and installation of donations of works of art on public property and /or City facilities are also subject to administrative design review. Notwithstanding the foregoing criteria, the final determination regarding acceptance of donated works of art for placement on public property in the City or located in public facilities within the City, shall be made by the City Commission. If the City Commission determines that the recommendation of either the Art in Public Places Committee or the administrative design review is not appropriate as to a particular proposed donation of a work of art, it may waive any or all of the aforestated criteria. D z U Z } W U) cr. m O W w Z:2 W J J Q C) W U) J � Z � Q Q H C%) - 0 0 0 ca us 3: C) to 4a) -� 0 o (D CL CL 0 0 '0 (D , E u r ) c m T c CO M (m m E a , Zo 0 > f3? 49 co TS in E — Q - (D 0 > 0 IU (D e AD W 0) — J- CA Q- 0 — :3.— 0 p 0 0 .- V) a) CL cn co o o cu 0 M C) M > M 0 o E 0 0 2— 0 E 4> 70 w C: m CL 0 C ca j :3 U. '03 m 0) to 75 N C w Cl to .2 lu C (D < r W o m o o E 0 GI c U (D G) Qt C: E (D W IV 06 (D co CO E 0) 0 c 0 ' c CL 0 S.- W 8) r C: L o Q 0 o -a > : 4) .- Ch I- M _j C 0 CL M M 0 CD 0 C) C .- > CU Cl - — .- Co N E -�= = 0} CL 0 -SC 0 Q) 10 co .0 1 S-- CL Jf 0 CD I= CA " C M CL a CL Q Q (0 to E E U 0 N U -J L = CD - cp CL 0 CL .0 co tlJi c 4D '0 w a �-N W -0 Q) ID E > U) 0 QL QJ 0 (i3 r , , ^ Y � x , uy 3 » L �{ Y . s « 9 ? /� cz �— „ is � n 1 r cu t�r 4 co `„ rr , Y" n, : m : .. uj , R5 O i tt I j f i j f i i 3 F tt9 fV 1 III } 433 'L:L k f , cU C� d r` d t . , w �f . tU m C� �4 tl'S S � - _ t . € t f 1 € { 1 1 ! I 1 1 I€ 4 `(f t II i 11 r l N • • s t+ Y • � �' g hT • � n ' � �' N • 1 i y N�{ IL 1 e h i c) 0 5 aj CL L u 0 c m to .i N an v C L) © k . t'S r 3 U w s C s Lo c . 4A 4D U) ° 0 c`ix 3 V L x LL U � .0 y y a C O cy > u. ,� g> o m m. v o ax c°y N = E y u its ,LA m o .; C] d [U OY in •�' IV Ox m 'Q p m W m _ cn '� 2} > : 2 U Y CO IM C E E CL w cn 0 � 0 a a m U. yam m @ Ca t.° N Lr Gi d dx 6 ui U 0 U- ui CL cu Uf Im :n ru cl CL Cn s — io q U Ic l!J qx v r d. CL GS QS to .O - 0 W XL L o 00 a] C 10L ^ y in h to 10 d w0 Q ux c U- N v m co en = 7 tv 4S ca 2) !�-t% r F C11� -- indO u W (U C7 fl) tL5 �'L . � . \ � � m � . . � ` . 0 .. O � P � a / f 3 5 � . w s , / 4 ■ ® - ! \ / �¥ / _ ®> 7 § % f Ln f a b \ . Q{_ ) �� CM �- - 0k m� \« ® t\ / `. f ei § \a 2 L 2 �g o � \ G \ u ® Q 2 . 2 S (n . CL _ w \ k ( z . \% z LU c o c < \� \ 2 § 2 E $ / / k L Q Q c' n c c . � c,1J 0) 0 m C as cu C- C C > o cu � � c CN + c LL tv •L ` N ? Cd7 �w Q CD co to ❑ c7 `- w CLl � 0 C) C3 0 Ul) 0 0 a O be* 0 C� (Z) C] 04= 0 C3 a) co C) et CD O C7 u] CD 0')0 O b9 EfS hl E9 i O r b9 r f13 d` Cj 6F3 �H Hi b9 CV 69 w w sp' ffi a t U) 0 as � _j ° o o E d Cl) c C w z � J O o 0 0 cu U- ° m �? >, L L) tj} m C: o O © CL� U co d? O O L fn 0 L! �= d CL . J t0 41 D U5 E C C C L 0 g N C H = C 0 0 0 C N CO N . .0 (D 0 O Q CO � :3 ac do c_> v c � uj LL u -i cL a to rn I--- U- M v m EXHIBIT 4 ROSA LOWINGER 8 ASSOCIATES CONSERVATION.OF ART + ARCHITECTURE CONSULTATION REPORT LEVINE BENCH- PROPOSED PUBLIC ART PIECE Prepared for: City of Miami Beach Department of Art in Public Places Tourism & Cultural Development 1755 Meridian Avenue, Suite 500, Miami Beach, FL 33139 T: 305.604.2477 F: 305.673.7772 Attn: Dennis Leyva, Art in Public Places Coordinator Prepared By: Rosa Lowinger, Principal and Chief Conservator Lauren Hall, Associate Conservator Rosa Lowinger & Associates 4728 NE Miami Place Miami, FL 33137 T: 305.573.7011 lhall @rosalowinger.com Date of Report: December 15, 2011; Revised January 5, 2012 Project: I. Stanley Levine Bench, A Musical Memory Art Project Proposed for the 900 Block of Lincoln Road Agustina Woodgate, Artist Subject: Review of proposed fabrication methods and materials SUMMARY OF PRIMARY RECOMMENDATIONS: • Ensure skateboard stoppers are secured in such a manner that they cannot be pried off easily. Identify what type of skateboard stoppers will be used and how they will be installed. • Switch anti - graffiti coating to one that is appropriate for a gel coated surface. • Provide information on installation methodology and materials of bench components to each other and the bench's installation to the ground itself. Include what type of bolts/ screws or other anchors will be used, at what intervals they will be installed, how each element is affixed to each other and to the ground. Provide shop drawings that illustrate the depth to which they will be installed into the pavement and information on how pavement will be drilled and/ or cored, and what methods of removal can be expected in the event that a section is damaged and requires removal for repair. Refine how the surface would need to be prepped for repairs. • Ensure any and all anchors and hardware are stainless steel. L... A. Siudio: 5418 Packard Street • I_os An elczs, CP. 90019 Levine bench. Miami Beach Miami Stc dn: 4728 NE Mlaml Place • Miami, i =L 33137 323 377.8425 • 305.5 73.7011 h1tpJ /r1cconseNa hOrl.cc)m ROSA LOWINGER 8 ASSOCIATES CONSERVATION OF ART + ARCHITECTURE INTRODUCTION: The following report is a review of the conservation - related concerns pertaining to the materials used in the proposed site - specific bench installation by Miami -based artist, Agustina Woodgate. The installation, designed for the 900 block of Lincoln Road, is currently in the design phase. Rosa Lowinger and Associates was retained by the City of Miami Beach Department of Art in Public Places to review the proposed methods and materials under consideration by the artist. DESCRIPTION OF THE ARTWORK: The artwork at this site consists of a multi- component bench in black and white that resembles a deconstructed piano keyboard. Intended to pay homage to I. Stanley Levine, a patron of Miami Beach's art and music organizations, the bench also refers stylistically to the black and white pavements created by architect Morris Lapidus for Lincoln Road. The overall dimensions of the bench are 25' width x 8' 15/16" height x 9' depth. The bench itself is fabricated entirely of closed cell fiber reinforced structural foam with a gel coat finish. It consists of two flat seating areas, one of which is attached to a ramp and three additional ramps/ curved forms that can also be used for seating. Each side of the bench is finished with two vertical elements that curve into two cantilevered overhangs that will provide shade to people below. SITING: The site is on Lincoln Road, a heavily pedestrian - trafficked outdoor mall with many adjacent shops and restaurants. A fountain, original to the design of the pedestrian mall, is within two feet of the bench. Pedestrians and shoppers will presumably consistently use the bench. The proposed site is located between two outdoor cafes. Several trees and multiple plantings are currently within 10' of the proposed installation but none are expected to overhang it. There is one lighting post ca. 5' from the piece. The installation is approximately ten city blocks from the Atlantic Ocean. Contact with the public will presumably be of the highest level. Street traffic (in varying volumes) is expected nearly 24 hours a day. The ramp configuration of the benches makes it a likely candidate for skateboard abuse- however the artist has indicated that skateboard stoppers will be used to prevent this. CONSTRUCTION / INSTALLATION: The bench will be fabricated and installed by: Polymeric Products 1256 5th Street West Palm Beach, FL 33409 561 471 -1322 phone; 561 615 -8219 fax Attention: Zed Bennett, President. According to Mr. Bennett, the bench will be fabricated out of Alcan AirX PXc Fiber Reinforced Structural Foam. The core will consist of a closed -cell fiberglass reinforced polyurethane foam core which is then encased in a 3/8" thick coating of fiberglass /vinylester resin impregnated L. A. SIudio 5418 Packard Street • Los AnOe!es, CA, 90010 Levine bench - Miami Beach Miami Studio: 47 8 ['IL marni Pioce • Marnl, FL 33137 323 377.8425 • 305.573.7011 Mid: / /ricconservr_7 tion.Cam ROSA LOWINGER eA ASSOCIATES CONSERVATION OF ART + ARCHITECTURE skins. The structure is finished using a marine grade UV resistant "gelcoat" finish. The artist proposes the use of Krylon Graffiti Barrier- a siloxane barrier coat that is reusable and does not require reapplication after each removal. In her specification drawings the artist indicates that the bench will be finished with "a concrete Facia giving it the Art Deco look of the surrounding areas." Mr. Bennett has clarified that the surface is a gel coat finished with an integral color therefore repainting is not a maintenance option. Materials: Structural Foam: AireX® PXc Fiber Reinforced Structural Foam Alcan Baltek Corporation 108 Fairway Court Northvale, N.J. 07647 1- 201 - 767 -1400 www.alcanbaltek.com Resin: Hydrex® loo 33350 SERIES 100% Vinyl Ester Laminating Resin Reichhold Industries Research Triangle Park 2400 Ellis Road Durham NC 27703 USA 1 919 990 7500 http://www.reichhold.com/eii/coatings.aspx Gel Coat: Polycor® Stypol® 944 Isophthalic Gel Coat Cook Composites and Polymers P.O. Box 419389 Kansas City, MO 64141 816 391 -6000 www.ccponline.com Anti- graffiti: Prosoco SC -1 Sacrificial anti - graffiti coating manufactured by Prosoco Inc. Or another appropriate coating selected by the artist Installation materials, methods, and drawings to be provided. FABRICATION CONCERNS AND RECOMMENDATIONS: The artist and fabricator have clarified the fabrication concerns. We are now clear that the piece has an integral gel coat finish and not a painted or cementitious surface. The anti - graffiti coating needs to be changed to an appropriate one for gel coats. Possibilities include PROSOCO SC -1 Anti - graffiti coating or Graffiti Guard®, would be appropriate. Still needed is information on the installation methods, materials and drawings to accompany such. In particular the City should have clear instructions on how to remove the piece or components of it if repair becomes necessary. L. A.. Studio: 5418 Packard Slre.et • Los Angeles, CA. 20019 Levine bench. Miami Beach Miami Studio 4728 NE Miami Place • Miami, != L 3313 / 323.377.8 • 305.573.7011 hl 1p.i /rlaconserva f ion.com ROSA LOWINGER & ASSOCIATES CONSERVATION OF ART + ARCHITECTURE The fabricator has assured the City through the conservator that this piece will meet high fabrication standards because the materials are made for the boating industry. RLA is in agreement that marine -grade materials are the highest quality available. However, their durability is usually predicated on regular maintenance. Therefore the City should expect to maintain this artwork on a monthly basis. The artist concurs with this assessment. Specifications are required on the types of skateboard stoppers that will be used, including information on the manufacturer and indicate how they will be installed so they cannot be pried off easily as is often the case. ARTIST MAINTENANCE RECOMMENDATIONS: The artist originally recommended repainting the bench on an annual /biennial basis. Now that the fabricator has clarified the method of construction, she has agreed that this is not the appropriate course of action. Cleaning will be done monthly. Regarding repairs, the artist sent the following information: From: Agustina Woodgate fmailto :agus(a)agustinawoodgate.com Sent: Thursday, December 22, 2011 3:55 PM To: rosa lowinger Cc: Zed Bennett; Leyva, Dennis; tbfitch(a.bellsouth.net Robert J. Levine; Sklar, Max; Ihall(a.rosalowinger.com rhondamitrani(a)gmail.com Cary, William; Tackett, Deborah Subject: Re: Lincoln Road BenchDear All, After an extense [sic.] conversation with Zed yesterday I came to understand that he won't be able to provide an estimate labor for any damage that occurs to the bench. Therefore, stating that the repairs will take one day a year is not something than can be estimated. The time will depend on the damage. Zed charges $75.00 an hour On the other hand, I am not too familiar with the repair process, but if any repair needs to get done, then should fencing be estimated in the budget? Warmest. Agustina CONSERVATOR'S MAINTENANCE RECOMMENDATIONS: This bench is expected to require regular maintenance due to its location and white color. Barring any vandalism, it is expected to require monthly cleaning to remove dirt, gum, accretions, scuff marks, and grime. The current appearance of the nearby fountain is an indication of how quickly this area requires cleaning and repairs. Minor repairs to the gel coat cannot be predicted fully, however it is safe allow for 20 hours per year, including set up and breakdown costs for such work. Polyester resins used in gel coats are toxic and odoriferous. If the public is kept 5 feet away from the work there should be no problem with toxicity; however the City should consider the fact that the scent of the work will still be palpable at that distance and there may be members of the public who will complain about real or imagined headaches, etc if they can perceive the scent of the material. A. Sludio: 5418 Packard Street • I_os Angeles, CA. 90019 Levine bench Miami Beach Miami Studio. 4728 NE Miami Plate - \Taml, =t_ 33137 323.377 8425 • 305.57 3.7011 nttr,: / /ricconserva tlor tcorrn ROSA LOWINGER & ASSOCIATES CONSERVATION OF ART + ARCHITECTURE Based on our assessment, the City should allow for the following budget for maintenance: For year 1: Cleaning monthly @ $500.00 per month = $6,000.00 annually Annual repairs 20 hours @ $75.00 per hour = $1,500.00 annually. TOTAL COST PER YEAR = $7,500.00. Please add 5% per year to these costs for subsequent years. ENVIRONMENTAL: There are several environmental concerns regarding the siting of the piece. Salt air and UV light (direct sunlight) will affect the piece but this will likely be mitigated by regular maintenance. The anchoring system, which needs to be provided, should meet appropriate hurricane safety requirements. Pigeons and birds are likely to roost on the top flat portions of the piece and guano may affect the surface finish. PUBLIC USE There are numerous concerns about public use. Most significant among these is the high use that the bench will receive. It will require monthly maintenance to keep clean. Properly anchored skateboard stoppers are a must. PUBLIC ABUSE Public abuse may include incised graffiti, chipping, scratches/ abrasions, dirt, and skateboard marks if the stoppers are not anchored in a manner that prevents them from being pried off- a common problem with ramp -like structures in public art. l Rosa Lowinger revised, January 5, 2012 L. A. SI'Udio 5418 Packord Streel • L An CA 900103 Levine bench Miami Beach Mbflt S tUdO. 4728 NFL Miarni Pbu- e -Miami, 33137 323.377.8928 • 305 773 7011 Y�1 tp: / /rlaCOr�serva f ion.COri