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to: |
Roger L. Stancil, Town Manager |
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from: |
Jeffrey J. York, Public Arts Administrator, |
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subject: |
Acceptance of the Sculpture Pillar of Fire by Paul Penny into the Town’s Public Art Collection |
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date: |
February 23, 2009 |
The purpose of this report is to request that the Council accept the sculpture Pillar of Fire by artist Paul Penny into the Town’s public art collection. This gift is being made by the Chapel Hill Public Arts Commission. The value of this artwork is $4,000.
The annual SculptureVisions Program organized by the Chapel Hill Public Arts Commission (CHPAC) places piece of temporary (on loan) sculpture in locations throughout downtown Chapel Hill and surrounding neighborhoods. In April 2006, the sculpture Pillar of Fire, by artist Paul Penny (image of the artwork- attachment 1) was sited, with town approval, for display in the Boundary Street traffic island north of North Street at the bequest of the Coker Woods Neighborhood Association.
Certain neighborhood members made inquiries of CHPAC as to how the artwork could remain in that location beyond the usual one year exhibition period. An agreement (attachment 2) was reached between CHPAC, the artist and the Coker Woods Neighborhood Association (CWNA) for the artwork to remain on loan until August 2010 or until the artist received the total value of the artwork less a 15% commission to CHPAC. Payment of the owed amount would be paid in five installments to CHPAC by the CWNA each June on an established schedule. CHPAC would then pay the artist. The third installment for the sculpture purchase was received in June 2008.
Because of the transition of CHPAC to a Town Advisory Commission and CHPAC’s assets being transferred to Town accounts and their books closed, another agreement was reached with the CWNA to pay the remainder of the funds owed to CHPAC prior to the June 2010 payment deadline and the closing of CHPAC’s accounts. The final payment was received from CWNA on December 30, 2008 and the artist was paid in full by CHPAC.
The intention of CHPAC in entering into the installment agreement with CWNA was that upon final payment, title to the sculpture would be transferred to CHPAC and the artwork would be offered as a gift to the Town’s Public Art Collection for continued display in the Coker Woods traffic island.
The title transferring ownership from the artist to CHPAC and the Town is dated January 20, 2009 (attachment 3)
On July 9, 2007 the Permanent Collection Committee of CHPAC met and voted to offer the work to the Town’s Public Art Collection. “The Gifts Panel (the members of the Permanent Collection Committee) discussed and voted in the affirmative to recommend that the gift (Pillar of Fire by Paul Penny) be accepted by Town Council.” This was done in accordance with the gift policies and procedures established by CHPAC in 2005. This recommendation was revisited with the full Public Arts Commission at their January 14, 2009 meeting. By unanimous vote of those present, the Commission passed a motion to recommend that Pillar of Fire be accepted by Chapel Hill Town Council into the Town’s Permanent Collection.
This gift is in keeping with the goals of the Chapel Hill Public Art Program by “providing for art in public spaces to enhance the aesthetic quality of public buildings and spaces.” (Ordinance 2002-03-04/O-1 establishing the Public Art Program). The Chapel Hill Public Art Collection currently numbers some 50 works of art maintained by the Office of Public Arts.
The artwork remains sited in its original location as previously approved by Town Engineering staff (Mike Taylor). The intent is to leave it at that location and therefore the location has been re-approved by Town Engineering staff as per email 02/16/08. As Town property, the Town Manager retains authority to remove the artwork from the public right-of-way if necessary for public safety reasons. (i.e. due to damage from an ice storm or impact from a vehicle.)
I recommend that Council accept [by resolution] the gift of the sculpture Pillar of Fire, by Paul Penny, for the Chapel Hill Public Art Collection.
