AGENDA #9b

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Recommended 2004-05 Public Art Plan

 

DATE:              May 10, 2004

 

 

The following resolution would adopt the 2004-05 Public Art Plan, providing one percent of all eligible capital projects for public art, pursuant to the Percent for Art Program adopted by the Town Council on March 4, 2002.

 

BACKGROUND

 

The Percent for Art program was adopted to:

 

 

The Percent for Art Program calls for the Public Arts Commission and the Town Manager to review the Capital Improvements Program and make recommendations to the Town Council regarding public art.  The recommendations include which capital projects should dedicate 1% of their budget to public art, which projects would have artwork on-site and which projects should contribute 1% of their budget to a pool of funds to be used to commission, buy, maintain or conserve public artwork elsewhere. The Commission may recommend pooling funds if 1% of a project budget does not provide enough funds to commission or purchase a piece, or if the capital project in question does not provide a suitable location for public art.

 

The source of funds is relevant when considering whether a percent should go to public art.  Some grants are specific about what types of expenses are eligible for grant funding.  The wording of some bond referendum ballots do not allow use of bond proceeds for public art.  Some installment purchase contracts do not allow the borrowed funds to be used for art, particularly off-site pieces.  However, the Town Council has greater leeway in spending general revenues and when it explores the use of borrowed funds for public art before the terms of the borrowing have been finalized.

 

The first Percent for Art Work Plan Program was adopted on June 24, 2002.

 

 

DISCUSSION

 

We believe that the intent of the recommendation of the Public Arts Commission is reasonable and workable.

 

Section 3 of the March 4, 2002 ordinance that the Council adopted to define Percent for Public Art and the General Policies of the Program includes the following:

 

1% of the annual Capital Improvements Program shall be considered by the Council for reservation for public art.  However, the base from which the 1% is calculated shall exclude grant funds for which the Town provides a local match, bond funds which do not allow such a use, and any other funds whose source would prevent their use for public art.

 

a.         The project budget shall include all costs funded by the Town for designing, building and equipping the facility, including site work but excluding the acquisition of land. 

 

b.         The public art budget shall include all costs of artist selection; artist fee; fabrication; installation, including special plumbing, wiring or lighting; publicity; celebration; and any other cost related to the public art project.

 

The Public Arts Commission recommends that all eligible Capital Improvement Program projects allocate one percent of their appropriated budget to create a Percent for Art Fund defined as pooled funds for public art commission, acquisition, maintenance and/or conservation.

 

The Public Arts Commission has identified several large planned capital projects, for which funding has not currently been appropriated. These include:

 

 

We believe it is appropriate to designate one percent for art of funds the Council appropriates for any of these projects and are pleased the Public Arts Commission has included planning for these in its 2004-05 Public Art Plan. However, we do not believe the percent for art can be designated until the funding has actually been appropriated and, therefore, is available to be expended. This means that funding for several of the projects identified above will come in phases, consistent with the projects’ funding. In addition, we note that all current development funding for Southern Community Park is from the 1997 and 2001 Orange County bond referendums. Percent for Art funding for that project as currently planned will come exclusively from the County.   

 

Finally, the Commission also recommends that the Council allocate previously identified and approved funds to a Percent for Art fund that would aggregate small amounts in to a more useful pool. Previously approved FY03-04 pooled project funds include:

 

 

RECOMMENDATIONS

 

Public Arts Commission’s Recommendation: The Commission met on April 21, 2004 and voted to recommend that the Town Council adopt the Public Art Plan for 2004-05 presented above.

 

Manager’s Recommendation:  That the Council adopt the following resolution that would authorize the implementation of the Public Art Plan for 2004-05.

 

ATTACHMENT

 

1.         March 4, 2002 Resolution Defining a Percent for Public Art Program (p. 6).

 

 

 

           

 

 

A RESOLUTION ADOPTING A PUBLIC ART PLAN FOR 2004-05 (2004-05-10/R-16)

 

WHEREAS the Council of the Town of Chapel Hill adopted a Percent for Art Program on March 4, 2002; and

 

WHEREAS, this program includes an annual consideration by the Town Council of a Public Art Plan to be recommended by the Chapel Hill Public Arts Commission; and

 

WHEREAS, the Public Arts Commission has recommended such a program, including several projects which should include 1% of the project budget for public art; all eligible Capital Improvement Program projects which should allocate one percent of their proposed budget to create a Percent for Art Fund defined as pooled funds for public art commission, acquisition, maintenance and/or conservation; and several previously  identified projects and approved pooled funds to this new Percent for Art fund;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager in conjunction with the Public Arts Commission is authorized to implement the following Public Art Plan:

 

All eligible Capital Improvements Program projects allocate one percent of their appropriated budget to create a Percent for Art Fund defined as pooled funds for public art commission, acquisition, maintenance and/or conservation.

 

Allocate one percent of funding appropriated for large planned capital projects. These include:

 

 

Previously identified and approved pooled funds reappropriated to this new Percent for Art fund. Previously approved FY03-04 pooled project funds include:

 

 

 

BE IT FURTHER RESOLVED that the program will be implemented according to the guidelines adopted in Resolution 2002-03-04/R-8, and only to the extent that funding is appropriated for the capital projects, and that the source of funding allows expenditures for public art.

 

This the 10th day of May, 2004.

 

           
ATTACHMENT 1

 

 

A RESOLUTION DEFINING A PERCENT FOR PUBLIC ART PROGRAM AND THE GENERAL POLICIES OF THE PROGRAM (2002-03-04/R-8)

 

WHEREAS, the Comprehensive Plan of the Town of Chapel Hill includes public art as part of the section on Community Character; and

 

WHEREAS, the Town Council has included a Percent for Public Art Program in the short-term implementation measures adopted on July 5, 2000; and

 

WHEREAS, the Public Arts Commission and its subgroups have been working with the Town staff to develop policies and procedures for a Percent for Public Art Program;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby establishes a Percent for Public Art Program:

 

To help define the community’s identity and sense of place,

To promote social interaction and discourse,

To bring the arts into everyday life and

To memorialize the past while expressing shared values for the future.

 

BE IT FURTHER RESOLVED that the program shall be guided by the following policies:

 

1.   Program Objective: To provide art accessible to the public and to the users of Town buildings and parks, for the improvement of the quality of life in Chapel Hill, and more specifically to:

 

Help define the community’s identity and sense of place,

Promote social interaction and discourse,

Bring the arts into everyday life, and

Memorialize the past while expressing shared values for the future.

 

2.   Annual Public Art Plan: The Town Council shall meet at least annually to consider a Public Art Plan recommended by the Public Arts Commission.  The recommended Public Art Plan shall include:

 

a       Those capital projects which should include 1% of their project budgets for public art 

 

b.      The distinction between those capital projects which should include public art on-site and which should contribute 1% of their budget to a pool of funds reserved for public art commission, acquisition, maintenance and conservation

 

c.      General location(s) for the art not recommended for the site of a capital project.

 

d.      The Town Council shall decide on which capital budgets shall include 1% for art and the general site(s) of the art, and shall appropriate funds.  This set of decisions shall be known as the Public Art Plan for the given year.

 

3.   Budget: 1% of the annual Capital Improvements Program shall be considered by the Council for reservation for public art.  However, the base from which the 1% is calculated shall exclude grant funds for which the Town provides a local match, bond funds which do not allow such a use, and any other funds whose source would prevent their use for public art.

 

a.   The project budget shall include all costs funded by the Town for  designing, building and equipping the facility, including site work but excluding the acquisition of land. 

 

b.    The public art budget shall include all costs of artist selection; artist fee; fabrication; installation, including special plumbing, wiring or lighting; publicity; celebration; and any other cost related to the public art project.

 

4.         Location:

 

  1. Location of artwork shall generally be on the site of the capital project unless specified otherwise in the adopted Public Art Plan. Specific location within the specified site shall be considered by the Public Arts Commission as part of the selection of the artwork and review of its design development.

 

  1. Consideration shall be given to the unique site, surrounding uses and development, function of the facility, users of the facility, style of the facility, visibility to the public, maintenance and security issues. Artwork should be selected and placed to enhance the project as a whole.  

 

5.   Selection of Artists and Art:

 

a.   The Public Arts Commission shall establish a process with written guidelines, available to the public, for the selection of artists and the review of the art proposed for acquisition.  The process shall be open to the public and shall encourage participation by as wide a variety of citizens as possible.

 

  1. The Public Arts Commission shall appoint a committee to be chaired by a Commission member and to include at least one representative each of the Public Art Commission, Town Council, the designer of the capital project (if relevant), the host department, the public at large; and two art professionals

 

  1. The committee shall make its recommendation to the full Public Arts Commission.

 

  1. The Public Arts Commission shall present to the Town Council the artist and his/her style, the type of  artwork which would be expected to result from a commission; or the specific artwork it recommends be acquired; or the artwork which it recommends be maintained or conserved.  The Town Council shall authorize a contract as recommended, with or without its own conditions, or shall request another recommendation from the Public Art Commission.

 

6.   Execution of  Artist’s Commission:

 

a.   The artist’s contract shall define a process for his/her design development.

 

b.   The artist’s contract shall define the review points during the design development

 

c.   The artist shall be involved with the design development of the capital project if relevant and if the artist is chosen in time.

 

d.   The process shall include a means of involving the public, including a public forum to consider the design concept.

 

e.   It is possible that, after the Public Art Commission or its committee, Town staff and the public review the artist’s design concept, the artist will be asked to modify the design concept before being authorized to begin fabrication.

 

7.   Acceptance of Art: The Town Manager shall accept the artwork before the final payment is made to the artist.

 

8.   Accounting: Funds appropriated for public art shall be placed in a project budget or multi-year account(s) specified for this purpose.  Grants, gifts and other revenue the Town may receive for the selection, establishment, maintenance and deaccessioning of public art shall also be placed in this multi-year fund.

 

This the 4th day of March, 2002.