October 12, 2001
TO: Mayor Rosemary Waldorf and Town Council members
FROM: Ellen Fussell and Renee Piechocki, Co-Chairs, CHPAC
Executive Summary: Public Art Ordinance and Guidelines for the Town of Chapel Hill.
History:
The Comprehensive Plan recommends that a percent for art ordinance be developed and adopted by December 2001. On July 5, 2000 by a unanimous vote, the Town Council agreed to develop a percent for art program. As the advisory Commission to the Council on art related matters, the CHPAC studied public art policies and ordinances of towns, counties and cities across the country for the past year. We also studied contemporary trends in public art and have worked with Town staff to organize the program. The result of this extensive study is the attached draft ordinance that the CHPAC recommends for adoption by the Town Council. This ordinance is based on sound and established public art practices. CHPAC understands that this proposed ordinance is subject to review by Counsel to ensure that it conforms to all applicable local and NC laws.
· Establishes a Public Art Program for the Town whereby the Town Council will have authority over the budget and selection of eligible projects, and the Commission and Town staff will be responsible for aesthetic judgements and project implementation.
· Establishes an Annual Public Art Program which informs the Town Council and the community about the opportunities for public art. An itemized and prioritized list of anticipated art projects will be presented to the Town Council during its annual budget review process. The Council will have the authority to approve of the art program in parts or as a whole. The CHPAC and the town staff will also have the opportunity to explain the pros and cons of the various projects.
· Establishes a Public Art Restricted Account. This account will receive monies appropriated by this Ordinance as well as gifts and grants from other sources.
· Establishes that one percent (1%) of any facility or system funded for construction or renovation including buildings, parks, greenways, roads, sidewalks, parking facilities and bridges will be eligible projects. The ordinance does not limit the types or numbers of projects because this will become a natural extension of the Annual Public Art Program review process. This broad approach will make the program more creative and flexible which will be important as the town’s public art vision develops and as the program matures.
· Authorizes the allocation of funds for art and artists’ design services, for the development of design concepts and models, for selection, acquisition, installation, fabrication, maintenance and display of artworks. This ordinance also authorizes the pooling of funds which is highly desirable. Pooling allows the program the flexibility to locate artwork in highly visible or desirable public spaces that may never have a funding source or where the funding source is very small.
· Sets forth the method for calculating the appropriated funds. The basis for appropriation for the Public Art Fund will be the Eligible Construction Costs budget for the project. This includes all costs of designing, building and equipping the facility, including site work but excluding the acquisition of land.
The CHPAC has prepared implementation guidelines, selection procedures, maintenance, gift and deaccessioning policies to facilitate this Ordinance. The implementation guidelines call for community involvement which is essential if the program is to be successful. Artists and artworks will be selected and approved by committees that include Town staff, Community members, Town Council members and CHPAC members. In addition, the CHPAC is responsible for presenting the designs, plans, or purchases of artworks at community forums and education sessions. The Town Manager will have final approval of a project upon installation before it is accepted into the Town’s art collection.
Closing Comments: The CHPAC has studied nationwide public art policy
to develop the attached draft ordinance and guideline policies. In the United
States, public art programs have been popular for over 40 years. It has been
our intention to build upon standards in the field to develop the best program
for the Town of Chapel Hill.
October 12, 2001
WHEREAS the Council of Town of Chapel Hill of Orange County, North Carolina finds that expanding the opportunity for the citizens to experience public art will promote the general welfare of the community; and,
WHEREAS providing for art in public places will enhance the aesthetic quality of public buildings and spaces; and,
WHEREAS the Chapel Hill Public Arts Commission was established by a resolution of the Town Council of Chapel Hill, North Carolina in 1992,
WHEREAS the Comprehensive Plan of the Town of Chapel Hill includes public art as a part of the section on Community Character, and
WHEREAS the Town Council has included a Percent for Art Program in the short-term implementation measures adopted on July 5, 2000 and
WHEREAS the Chapel Hill Public Arts Commission and its subgroups have been working with the Town staff to develop policies and procedures for a Percent for Art Program.
Now therefore be it ordained by the Council of the Town of Chapel Hill, North Carolina, that a Percent for Art Program is hereby established 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.
SECTION 1. PURPOSE. The Town of Chapel Hill, (“Town”) recognizes that providing for visual art is a basic service to all citizens, and that enhancing the appearance of buildings and spaces provides benefits to the community by expanding the historical, cultural, and creative knowledge of citizens. The purpose of this Ordinance is to establish a Public Art Program for the Town and to authorize the allocation of funds for art and artists’ design services, and for selection, acquisition and display of artworks.
SECTION 2. DEFINITIONS. For the purpose of this Ordinance, the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in singular number include the plural.
ADMINISTRATIVE COSTS: All costs incurred in connection with the selection, acquisition, installation and exhibition of, and publicity about, Town-owned works of art.
ANNUAL PUBLIC ART PROGRAM: An itemized and prioritized list of anticipated art projects including the objectives, site, design approach, budgets and scheduling for the upcoming year based on the Capital Improvement Plan developed by the Town of Chapel Hill. The Annual Public Art Program shall be developed by the Chapel Hill Public Arts Commission (“Commission”) in consultation with a representative(s) of the Town Manager and shall be presented to the Town Council during the annual budget process for consideration.
CAPITAL IMPROVEMENT PROJECT: Any facility or system funded for construction or renovation wholly or in part by the Town, including but not limited to buildings, parks, greenways, roads, sidewalks, parking facilities and bridges.
CHAPEL HILL PUBLIC ARTS COMMISSION: A Commission created by a resolution of the Town Council of Chapel Hill in 1992 to promote the public display of works of art.
ELIGIBLE CONSTRUCTION COSTS: Eligible project costs include all costs of designing, building and equipping the facility, including site work but excluding the acquisition of land.
PUBLIC ARTWORK: All forms of visual art conceived in any medium, material or combination thereof, which are placed in areas accessible or visible to the general public. Such works include, but are not limited to, paintings, sculptures, site specific installations, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, bas-reliefs and sound installations. Works may be permanent, temporary, or functional. Public art does not include any architectural or landscape design, except when commissioned and designed by an artist. It does not include any performing arts.
PUBLIC PLACES: All spaces owned by the Town, indoor or outdoor, that are accessible and/or visible to the public.
RENOVATION: Redesign and remodeling of all or part of a facility or system which is included in the Town’s capital improvement budget, including expansion or significant change in use.
SECTION 3. PUBLIC ART RESTRICTED ACCOUNT
A. There is hereby established a public art restricted account.. This account shall be a separate account or accounts set up by the Town to receive monies appropriated by this Ordinance as well as gifts and grants of a monetary nature from other sources. All appropriations pursuant to this ordinance shall be deposited by the Town to this account to be held in trust for and inure to the use and benefit of the Town, and said proceeds, together with the interest thereon, shall only be expended in accordance with the provisions of this Ordinance.
B. The Annual Public Art Program shall be presented to the Town Council outlining the projected art projects and associated costs for the upcoming year by the Commission. The Town Council shall take action on the program proposed.
C. Monies from the account may be used for artists’ design services, the development of design concepts and models, for the selection, acquisition, installation, fabrication, maintenance and exhibition of artworks.
D. The public art account is intended to be a multi-year fund, continuing from year to year unless specifically terminated by the Town Council by amendment to this Ordinance.
E. All expenditure of Town funds shall be in accordance with State guidelines and Town policies and procedures, including approval by the Town Manager or his/her designee.
SECTION 4. APPROPRIATIONS.
A. At the time of approval of the Annual Public Art Program, the Town Council shall appropriate an amount of one percent (1%) of the total eligible costs of the project or projects.
SECTION 5. METHOD OF CALCULATION.
A. The basis for appropriation for the Public Art Fund shall be the Eligible Construction Costs budget for the project.
B. Funds appropriated from the budget for one Capital Improvement Project, but not deemed necessary or appropriate for that project, may be pooled with funds attributed to budgets for other projects and may be used for any art and design project in the Town, subject to the Annual Public Art Program, and as allowed by the sources of funds.
C. Funds deposited or earmarked for the Public Art Fund and not expended or encumbered by the close of any fiscal year shall be carried over automatically to the next fiscal year.
SECTION 6. GENERAL PROCEDURES
A. Consistent with this ordinance the Commission shall prepare implementation guidelines, selection procedures, maintenance, gift, documentation, deaccessioning and organizational policies to facilitate this Ordinance, and to govern the manner and method of submission of proposed artworks to the Commission.
B. The Commission shall advise and inform the Town Council of acquisitions, installations and temporary displays of artworks and other public art activities.
C. The Commission shall educate and stimulate the participation of all citizens in a public effort to promote the Annual Public Art Program.
D. Administrative costs associated with the Annual Public Art Program, including staff support for the Commission, shall be designated annually by the Town Council.
E. The Town Attorney shall provide legal counsel as reasonably required by the Commission.
SECTION 7. OWNERSHIP AND MAINTENANCE
A. Ownership: Ownership of all artworks acquired by the Town shall be vested in the Town, and the Town shall hold title to each, unless the Town Council waives this requirement.
B. Maintenance: Funds for ongoing maintenance shall be designated annually by the Town Council as a part of the Annual Public Art Program. All artworks shall be required to be accompanied by detailed instructions for maintenance and ongoing care, including maintenance cost projections.
C. Deaccessioning: Review of the status of a public artwork will be the responsibility of the Commission.
SECTION 8. FILING OF ORDINANCE AND EFFECTIVE DATE
SECTION 9. INCLUSION IN CODE.
Draft Chapel Hill Public Art Program
These guidelines govern the manner and method of how to implement the Chapel Hill Public Art Program, as called for in Ordinance no. _______.
Section 1: Definitions. For the purpose of these Guidelines, the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in singular number include the plural.
Artist: A professional, fine Artist usually, but not necessarily, trained in the visual arts. The Artist may not be employed by the Prime Consultant’s firm or a member of the Chapel Hill Public Arts Commission. The Chapel Hill Public Arts Commission Conflict of Interest Policy shall govern all arrangements and transactions when contracting with Artists.
Arts Professional: An individual having outstanding knowledge in the visual arts field, and is generally, but not limited to being an art historian, curator, arts administrator, critic, artist, or design professional such as an architect or landscape architect, and is not associated with the Prime Consultant.
Artist Selection Committee (“ASC”): A group of people appointed by the Chapel Hill Public Arts Commission to select an artist, artwork, or consultant, or other art related task, for a public art project. The ASC shall consist of the following: two representatives of the Chapel Hill Public Arts Commission, a Council member from the Town of Chapel Hill, the Town Manager of Chapel Hill or a designee, a community member, a representative of the agency that will use or be responsible for the overall capital project site, the prime consultant’s representative, and two art professionals. The ASC will be chaired by the Chapel Hill Public Arts Commission member chairing the Public Art Review Committee.
Prime Consultant: The firm, usually architecture or engineering, that is responsible for the design of the overall project that the artwork is connected to. In cases where there is no Prime Consultant, the Town of Chapel Hill will assume the Prime Consultant’s responsibilities outlined in the Public Art Program guidelines.
Public Art Review Committee (“PARC”): The committee that oversees the concept, design, review, fabrication, and installation of an artwork at a public art site. The PARC consists of a member of the Chapel Hill Public Arts Commission, the prime consultant’s representative, a Town employee or representative, a representative of the agency that will use or be responsible for the overall capital project site, and a representative from the town council. The PARC will be chaired by the Chapel Hill Public Arts Commission member.
Section 2: Program Roles
The Artist: The Artist will design an artwork for the Town of Chapel Hill to the best of his/her ability, following the Commission’s guidelines, work with the Prime Consultant, the PARC and the ASC during all aspects of the project, and fabricate and install the artwork according to the proposal submitted by the Artist.
Chapel Hill Public Arts Commission (“Commission”): The Commission will to the best of its ability oversee, organize and arrange the project identification, artist selection, implementation, and gifts of artworks processes for public art projects as outlined in these guidelines, act as a mediator in disputes, develop a program for community education about public art projects in the Town of Chapel Hill, assist the Artist whenever possible with project research and community relations, and maintain an archive of public art projects in the Town of Chapel Hill.
Prime Consultant: The Prime Consultant will work with the Artist to develop a public art project, present the design of the artwork to the Commission and oversee and manage the fabrication and/or installation of the public art project.
Town of Chapel Hill: The Town of Chapel Hill will to the best of its ability assist the Commission, the Artist and the Prime Consultant to ensure that the project is successfully completed. The Town of Chapel Hill will care for and maintain the art work in its collection.
Section 3: Project Identification
The Commission and a representative of the Town Manager will oversee the eligible project review and implementation of the individual artwork projects in accordance with the Annual Public Art Program. Art funds will be deposited in the Public Art Restricted Account. Eligible project costs will include all costs of designing, building and equipping the facility, including site work but excluding the acquisition of land. A capital improvement project is any facility or system funded for construction or renovation wholly or in part by the Town, including but not limited to buildings, parks, roads, sidewalks, parking facilities and bridges.
After the Commission and Town have reviewed eligible projects, the Commission and a representative of the Town Manager will prepare the Annual Public Art Program and present it to the Town Council. The Annual Public Art Program will be considered by the Town Council. The Annual Public Art Program will be presented and reviewed by the Town Council during its annual budget process at which time the Council may take action.
Section 4: Public Art Restricted Account
A. Ordinance No. ______ established a public art restricted account. This account shall be a separate account or accounts set up by the Town to receive monies appropriated by the Ordinance as well as gifts and grants of a monetary nature from other sources. All appropriations pursuant to this ordinance shall be deposited by the Town to this account to be held in trust for and inure to the use and benefit of the Town, and said proceeds, together with the interest thereon, shall only be expended in accordance with the provisions of this Ordinance.
B. The Town Council shall approve the amount of monies disbursed from the account in accordance with the Annual Public Art Program. The Annual Public Art Program shall be presented to the Town Council outlining the proposed art projects and associated costs for the upcoming year.
C. Monies from the account may be used for artists’ design services, the development of design concepts and models, for the selection, acquisition, installation, fabrication, maintenance and exhibition of artworks.
D. The public art account is intended to be a multi-year fund, continuing from year to year unless specifically terminated by the Town Council by amendment to Ordinance no. _______. The Town Manager or his/her designee will approve all expenditures in accordance with authorization and policies of Town Council.
E. All expenditures of Town funds shall be in accordance with State guidelines and Town policies and procedures, including approval by the Town Manager or his designee.
Section 5: Public Art Review Committee and Information Meeting
A. Public Art Review Committee (“PARC”)
The PARC committee will be formed once a site has been identified as eligible for public art. The Commission will assign a Commission member to chair the PARC for a particular project.
B. Information Meeting
Members of the PARC will meet with the Prime Consultant to discuss the overall site. The Prime Consultant will discuss the overall design and program for the site, and work with the PARC to identify public art sites, solutions and methods for the overall capital project.
Section 6: Artist Selection Committee / Artwork Selection Methods
A. Artist Selection Committee (“ASC”).
Once a project has been identified an ASC is appointed by the Commission in consultation with the PARC.
B. Artworks Selection Methods
The ASC will determine the number and methods of the ASC meetings, including but not limited to, the number of finalists, the materials requested of the finalists, the number of purchases and methods of viewing art works to be purchased, commissioned or conserved.
Section 7: Art Work Selection and Acquisition Methods
An artwork may be commissioned for the site using a variety of methods, including but not limited to:
Open competition. Request for Proposals (RFP). Artists are asked to submit detailed and specific proposals for the site.
Open competition. Request for Qualifications (RFQ). Artists are asked to submit slides and/or examples of their previous work, and
Limited call. Artists suggested by the ASC are invited to submit proposals and/or qualifications.
An artwork that already exists may be purchased for the site. The artwork may be by a living or a dead artist, and may be purchased from the artist, his/her estate, gallery, or collector.
If an artwork already exists at the site of the overall capital project site, the Commission may elect to restore or conserve that artwork instead of commissioning or purchasing a new work.
All artists, acquisitions and conservation projects must be presented to and approved by the Commission. Approval shall be by a simple majority vote. A quorum must be present at a duly called
meeting of the Commission. Prior to the Commission’s review of a proposed project and/or acquisition, technical feasibility and maintenance acceptability may be investigated by the prime consultant.
Section 8: Contract
Following the Commission’s approval a contract for purchase, commission or conservation of the work will be authorized by the Town Council and executed by the Town Manager or his/her designee.
Section 9: Design Development and Review
A. Design Development
Once an Artist has been selected, the Artist will work with the Prime Consultant to further develop the project for the site. The proposal will include, but not be limited to, a project description, drawing, model, sketch or other visual reproduction of the project, material samples, project budget, fabrication and installation procedures, project schedule and a maintenance plan. Once the design has been completed, the Artist and Prime Consultant will present the concept to the PARC and if approved by the PARC, the concept will be presented to the Commission.
B. Commission Approval
All projects, acquisitions and conservation projects must be presented to and approved by the Commission. Approval shall be by consensus. A quorum must be present at a duly called meeting of the Commission. Prior to the Commission’s review of a proposed project and/or acquisition, technical feasibility and maintenance acceptability may be investigated by the Prime Consultant.
C. Public Information Forum
Once a project has been approved by the Commission, a public information forum will be held to present the artwork concept to the public. The Town Council will be invited to this review. If objections to the artwork concept are raised during the public forum they will be taken into consideration by the Artist, the Prime Consultant, the PARC and the Commission. These objections may result in the redesign of the artwork or its concept. These decisions are at the discretion of the Commission, in consultation with the PARC and the Artist. Additional information forums may be scheduled.
Once a concept has been approved, the artist will proceed with the fabrication of the artwork as directed by the PARC. The artist will be responsible for giving the PARC progress reports and updates.
The PARC will meet with the artist to approve the fabrication of the artwork at 50% and 100% fabrication. The work cannot receive final approval from the Town until it has been approved by PARC. If the work is not fabricated in a site easily accessible to the PARC, the Artist must submit photo documentation for approval at 50% and 100% fabrication.
The Artist and the Prime Consultant will be responsible for contacting each other and the PARC about construction or fabrication delays in the artwork or overall project.
Section 11: Care and Maintenance of Art Work
The Artist will provide instructions for maintenance of the artwork. Any remedial maintenance including, but not limited to, cleaning, minor and major repairs, lighting, and landscape problems will be the responsibility of the user agency and/or the Town. A committee appointed by the Commission will review all public art at least once a year. A need for substantive maintenance will be reported to the Commission. Substantive maintenance would be the result of damage, deterioration from environmental factors or time, or structural problems which compromise the integrity of the artwork. At the discretion of the Commission, and with consideration of the budget, such maintenance will be contracted to a professional arts conservator.
Section 12: Permanent Record
The art work selection, acquisition and installation process will be accurately recorded, and the construction or provenance of each work acquired fully documented. This will be done via meeting minutes, photographs and other informational materials developed during the art process. This record will be recorded by the Commission and given to the Town for archival purposes.
Section 13: Gifts of Works of Art
Proposed gifts to the Town of works of art in public places, or of funds for the acquisition of works of art in public places, will be reviewed by the Commission and will be subject to the Commission’s Gift Review Policy.
Section 14: Deaccessioning
Review of the status of a public artwork will be the responsibility of the Commission. Issues of removal and relocation will be undertaken cautiously, and in accordance with the Commission’s deaccessioning policy. The Commission will seek to protect the integrity of the artwork and the process that brought it into being, while keeping in perspective reasonable rights of the community, owner and the Artist. All artworks sited on or in public spaces in the Town of Chapel Hill as of ___________are retroactively included under these guidelines.