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06-29-2011 (Public Arts Advisory) Minutes • Public Arts Advisory Board CITY OF WYLIE Minutes Special Called Meeting June 29, 2011 - 5:30 p.m. Wylie Municipal Complex Council Chambers 300 Country Club Road, Bldg. 100 Wylie, Texas 75098 CALL TO ORDER Announce the presence of a Quorum. The meeting was called to order at 5:45 p.m. by Chairman Stewart Matthews. Board members in attendance were Erin Dougherty, Thomas Gaudreau, Ashley Burt, Kathy Spillyards, and Deya Harris. Board member Polly Harrison was absent. Staff present included Shane Colley, Construction Manager, and Carole Ehrlich, board liaison/secretary. BUSINESS ITEMS 1. Consider and act upon approval of the minutes from the June 16, 2011 Public Arts Advisory Board meeting. (C. Ehrlich, PAAB staff liaison) Board Action A motion was made by board member Burt, seconded by board member Gaudreau to approve the June 16, 2011 PAAB minutes with one correction; showing Ashley Burt as being present at the meeting and remove her absence to page #1. A vote was taken and the motion passed 6-0 with board member Harrison absent. Tabled from June 16, 2011 Motion to remove from the table and consider. Board Action A motion was made by board member Gaudreau to remove Item #2 from the table, seconded by board member Burt. A vote was taken and the motion passed 6-0 with board member Harrison absent. 2. Consider and act upon final approval of Voices of Wylie by Living Lenses and approval of the final payment of$63,500. (C. Ehrlich, PAAB staff liaison) Staff/Board Discussion PAAB liaison Ehrlich explained the board tabled this item to acquire more information regarding some marks appearing on the sculpture and how they could be remediated. The board also wanted to see if additional June 29,2011 Wylie Public Arts Advisory Board Meeting Minutes P c 2 instruments could be programmed to the same melody changing the sound of the sculpture. She explained to the board that the artists were wishing to work with the board regarding the dents and pin marks M" on the sculpture. She read an e-mail from Mr. Wang regarding the difficulty to send the piece back to the fabricator in cost and in the results of attempting to fill in the dents. Construction Manager Shane Colley addressed the board stating that staff had reviewed the issues with Custom Stainless and the contractor noted that making the dents larger to enable stainless to be added and spot welded was not a great option and would show marks worse than the dent damage currently appeared. Colley noted that without completely disassembling the sculpture and pounding the marks from the inside, there were not good options for changing the dents visually from the outside. Mr. Colley reported the artists did want to work with the board and with the original fabricator to bring this issue to a resolution. PAAB liaison Ehrlich asked the board if they were ready to contact Living Lenses by phone to discuss the options open for corrections to the sculpture. Ehrlich contacted the number left by Living Lenses but got no answer after several attempts. Board member Harris asked if there was an instrument that could take the dents out from the outside somewhat like a vehicle dent removal. Mr. Colley explained that this would not work on this sculpture as the dents were part of the welding that was attached to the support structure from the inside; there is just no way to pull the dents out. Construction Manager Colley explained that the conversation between Ehrlich, Living Lenses and he was to have the fabricator construct two outer shells to be placed over the existing hemispheres that appeared to be the most damaged on either outer side of the sculpture. These shells would then be shipped to the city for installation over the damaged hemispheres and welded to the sculpture. This would appear smooth, hiding all damage to the inner original hemispheres. Colley explained that once this was discussed with the original fabricator and all agreed, the creation of the shells could begin. Colley explained that the board needed to come up with a figure they were comfortable with to retain until the board was satisfied with the resolution. Board Chair Matthews stated that the amount should be enough to encourage the artists to correct the problems with the sculpture. Mr. Colley reported that the material and fabrication within the artist's budget was about $45,000. He stated that the amount determined to be held should include some of this fabrication cost. Board member Burt stated that the entire edge of the piece was uneven where the hemispheres were welded together. She felt the amount held should be much more than 10% and should cover some of the payments designated for final approval of the piece and contingency funding. Board member Gaudreau agreed that the amount should be substantially more than 10% so it was in the best interest of the artist to correct the damage of the sculpture. Ehrlich explained that when the sculpture had been completed prior to shipping, a picture was sent of the piece with no apparent damage showing. It wasn't until the piece was polished and cleaned and under clear light that the damage showed up. Board Chair Matthews noted that within the contract it would be acceptable to withhold the final city inspection and approval of the delivered piece ($20,000) and the final acceptance by the Construction Manager ($8,000) as the piece could not be finally approved by either party at this point. PAAB liaison Ehrlich noted that the artist had a balance of$63,500 of which the city had not been invoiced at this time. She explained the artists were waiting for the city to determine how much was acceptable for release so they could create an invoice for the correct amount. She explained, should the board decide on a specific amount to hold, she could contact the artist to make that recommendation and ask for invoicing of the amount that could be released at this time. Board member Spillyards stated that she was uncomfortable with the 10% but was very comfortable holding back $28,000. She explained that it was imperative that the piece was brought to acceptable standards. She explained that it was her opinion that the city was just beginning the art program and each piece of art needed to be completed to the highest standards possible. Board Action A motion was made by board member Spillyards, seconded by board member Harris to recommend release of $35,500 to Living Lenses and withhold a portion in the amount of $28,000 until such time as final approval could be made for the Voices of Wylie sculpture; a secondary recommendation should June 29,2011 Wylie Public Arts Advisory Board Meeting Minutes 1 3 the artist be unsatisfied with the above recommendation would be to remit $41,000 to the artist retaining $23,500 until such time as final approval could be made. A vote was taken and the motion passed 6-0 with board member Harrison absent. ADJOURNMENT With no other business before the board, a motion was made by board member Spillyards, seconded by board member Gaudreau to adjourn the meeting at 7:04 p.m. A vote was taken and the motion passed 6-0 with board member Harrison absent. ewart Matt ews, Chair Carole Ehrlich, cretary