AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO ESTABLISH A PUBLIC ARTS COMMISSION AND PROVIDING FOR THE TRANSITION TO THE ADMINISTRATION OF A PUBLIC ART PROGRAM WITHIN THE TOWN OPERATIONS (2008-01-14/O-3)

 

WHEREAS, the Town Council by resolution established a Chapel Hill Endowment for Public Art on February 10, 1992;

 

WHEREAS, the Town Council by resolution created the Chapel Hill Public Arts Commission on November 9, 1998 as an autonomous commission to be appointed by the Town Council; and,

 

WHEREAS, the Chapel Hill Public Arts Commission was incorporated as a nonprofit corporation on August 24, 2004; and,

 

WHEREAS, the Town Council and Arts Commission have reviewed the status of the work of the Chapel Hill Public Arts Commission and, in June, 2006, the Council created a committee to evaluate various administrative options for sustaining and improving Chapel Hill’s commitment to public art; and,

 

WHEREAS, the committee recommended to the Town Council the establishment of a new relationship, including the provision for the budgeting and staffing of a public art program within the Town government; and,

 

WHEREAS, the Town Council on October 22, 2007, accepted the report of the Committee and directed the Town Manager to work with Public Arts Commission to develop a transition plan to facilitate the creation of the position of Public Art Administrator within the Town government; and,

 

WHEREAS, the recommended transition plan also includes a proposal to establish a new Chapel Hill Public Arts Commission as an advisory board to the Town and Town Council; and,

 

WHEREAS, the incorporated nonprofit corporation designated the Chapel Hill Public Arts Commission shall take the steps necessary to make appropriate changes to its By-Laws and Articles of Incorporation to establish itself as a self-perpetuating Foundation independent from the Town of Chapel Hill Municipal Corporation.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1.        A new Article XIII is hereby added to Chapter 2 of the Town Code to read as follows:

 

“ARTICLE  XIII.  PUBLIC ARTS COMMISSION

 

Sec. 2-175.      Created; named.

 

A public arts commission is hereby created for the Town of Chapel Hill to be named the Chapel Hill Public Arts Commission.

 

Sec. 2-176.      Membership, terms.

 

The public arts commission shall consist of sixteen (16) appointed members as hereinafter provided.  The terms of office shall be for three (3) years or until their successors are appointed and qualified.  Except as otherwise provided by this Article, appointments, reappointments and vacancies shall be filled as prescribed in the Town Council’s Procedures Manual, Section 11.D-2

 

Sec. 2-177.      Appointment, vacancies.

 

The members of the public art commission shall be appointed by the Mayor and council.  Vacancies shall be filled for the unexpired term only.

 

Sec. 2-178.      Meetings, chairperson.

 

The public arts commission shall regularly hold meetings at such times and places as it shall determine.  Meetings of the commission shall be in compliance with the Open Meetings Law of North Carolina.  It shall select a chair from its members, and such other officers as it deems appropriate, to serve for a term of one year. 

 

A quorum of the commission, necessary to take an official action, shall consist of a majority of the current membership of the commission, not counting any vacant seats.  The concurring vote of a simple majority of those members present shall be necessary to take any official action. 

 

Sec. 2-179.      Duties and powers.

 

The public art commission shall have the following powers and duties:

  1. Promote the appreciation of the visual arts by the citizens of Chapel Hill;
  2. Developing and proposing programs to enhance and enliven the Town community through public art;
  3. Advise the council regarding art-related issues, including management and administration of the Town’s Percent for Art Ordinance.
  4. Recommend programming for the arts for inclusion in the Town’s operating budget on an annual basis.
  5. Review and monitor the operation of the Town’s Public Arts program and the work of the Public Art Administrator and staff.            
  6. Perform such other tasks and carry out such other programs and projects for the enhancement of art in the Town as the Town Council may so request and authorize.”

 

Section 2.  For purposes of establishing the initial commission membership and terms of office, the following persons are appointed to the public arts commission for the terms indicated:

 

Name Initial term on Commission. (Term expires June 30)

 

Michael Cucchiara

2010

Eric Davis

2009

Mary Ellen Goyer

2009

Debbie Hepp

2010

Janet Kagan

2008

Ann Kendall

2009

Haig Khachatoorian

2010

Pamela Pease

2010

Scott Radway

2010

Richard H. Robinson, Jr.

2010

Lowell Roberts

2008

Erica Rothman

2009

Andi Sobbe

2009

Louise Stone

2008

Elizabeth Taylor

2008

Frank Webb

2008

 

Section 3.        Each member of the commission initially appointed is eligible for reappointment for one additional three year term following the expiration of their current terms if that member has not already served two terms on the existing Chapel hill Public Arts Commission.   New members appointed shall be eligible for appointment to two consecutive three year terms. 

 

Section 4.        The provisions of Resolution 98-11-9/R-6, as amended by Resolution 2004-06-30/R-21.1 and Section  II D. 4 b. inconsistent with this ordinance are hereby repealed.  The responsibilities for the private endowment referred to in said documents shall be assumed by the re-named Public Art Foundation pursuant to the transition plan approved by the current Public Arts Commission and the Town Council.

 

Section 5.        This ordinance shall be effective upon enactment, provided however that the on-going operations of the Chapel Hill Public Arts Commission shall continue until such time as a Public Arts Administrator has been hired and begins work for the Town. At such time as an Administrator is employed by the Town, the responsibilities for administering the Town’s public art program currently handled by the Commission shall be transferred to the Town staff in accordance with the Transition plan presented to the Town Council on October 22, 2007 and accepted by the Council on that date. 

 

This the 14th day of January, 2008.