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2012-28091 Reso RESOLUTION NO. 2012 -28091 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 OF $1,000 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 WHEREAS, on November 14, 2012, as required pursuant to Section 82 -504 of the City Code, the City Commission set a public hearing for the December 12, 2012, Commission Meeting, to hear public comment regarding the establishment of the proposed memorial; and WHEREAS, on November 29, 2012, Max Sklar, Interim Assistant City Manager, met with Robert Levine, the donor, Agustina Woodgate, the artist, Zed Bennett, the fabricator and Rosa Lowinger, the conservator retained by the City to evaluate the annual cost of maintenance of the proposed bench, and it was agreed that the amount of the maintenance reserve account should be $1,000 for the first year, after which time such costs may be more accurately determined. 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 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 of $1,000 for the first year of maintenance and repairs to said Memorial Bench. PASSED and ADOPTED this lam day of December,, 2012. 'MAYOR ATTESTED BY: �' Y INOORP CITY CLERK ORAT ED' h APPROVED AS TO FORM & LAN AGE & FON CU ON 2 13 ey to t ` J COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting 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 of $1,000 for the first year of maintenance and repairs to said memorial bench. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand Supporting Data (Surveys, Environmental Scan, etc.): N/A 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. On November 29, 2012, the Administration met with the Donor and agreed to establish a maintenance reserve account of $1,000 for the first year of maintenance and repairs. The Administration recommends adopting the Resolution. Advisory Board Recommendation: HPB 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 Funds: Amount Account Approved OBPI Total Financial Impact Summary: — City Clerk's Office Legislative Tracking: Max Sklar, ext. 6116 Sign-Offs: Department Director Ass' t nRger Qty Manager MAS I MAS I KGB M IAMI BE AC H AGENDA GTEf+A 91 DATE m . I M AM I BEACH City of Miami Beath, 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: December 12, 2012 SUBJECT: LEVINE MEMORIAL BENCH DONATION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 OF $1,000 FOR THE FIRST YEAR OF MAINTENANCE AND REPAIRS TO SAID MEMORIAL BENCH. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a Destination Brand 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. I. 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. Page 2 of 6 Proposed Public Art Donation 1 Stanley Levine Memorial Bench City Commission Meeting December 12, 2012 "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; 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 Page 3 of 6 Proposed Public Art Donation 1 Stanley Levine Memorial Bench City Commission Meeting December 12, 2012 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. 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 receivedi and the following description is taken from RLA's consultation report: k ; 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. r 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. Page 4 of 6 Proposed Public Art Donation 1 Stanley Levine Memorial Bench City Commission Meeting December 12, 2012 As a result of Mr. Levine's request that the City share the costs of the proposed memorial bench, the APP 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 the annual maintenance costs. APP 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. On November 29, 2012, Max Sklar, Interim Assistant City Manager, and staff met with Robert Levine, the donor, Agustina Woodgate, the artist, Zed Bennett, the fabricator and Rosa Lowinger, the conservator retained by the City to evaluate the annual cost of maintenance of the proposed bench. Ms. Woodgate clarified to all that the surface of the bench would be painted, so that it would appear to an outgrowth of the pavement. Ms. Lowinger opined that the painted surface would be much easier to maintain than she had previously thought, since it could be repainted fairly easily. Max Sklar mentioned Lincoln Road is pressure cleaned weekly and the black and white stripes on the pavement are painted about every three years, and that the bench could be included in these regularly scheduled activities without incurring additional cost to the City. Mr. Bennett advised he was comfortable with using the proposed material in an area with a high pedestrian traffic. The amount of the maintenance reserve account agreed upon by the City and the Donor for the first year is $1,000; paint cost was estimated at $216 and labor at $350, with an additional $434 in contingency. Long term maintenance and repair costs will be determined after the first year. CONCLUSION The Administration recommends adopting the proposed Resolution. Page 5 of 6 Proposed Public Art Donation 1 Stanley Levine Memorial Bench City Commission Meeting December 12, 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: 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. (2) 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. ( After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the city commission regarding same. ( 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. ( 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. ( 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. ( 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 December 12, 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. 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