AGENDA #6
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Percent for Art Program
DATE: November 12, 2001
The attached Resolution A would establish a Percent for Art Program and the Council’s policies for implementing it. The Manager recommends adoption of the attached resolution.
In the alternative, the attached ordinance would establish a Percent for Art Program, and the resolution would state the Council’s policy regarding the implementation of the program.
A Percent for Art Program would provide for annual review by the Council of pending capital projects, with Council decisions regarding which budgets would include funds for public art and generally where that art would be located. The Public Art Commission would present a prioritized list of recommendations for the Council’s consideration.
Generally speaking, the Council would make budget and general location decisions and the Public Art Commission would make aesthetic decisions.
The Manager recommends the program proposed by the Public Art Commission, modified by a more limited list of capital projects for the Council to consider in its annual decision. Due to North Carolina law and practice, the Manager also recommends establishment of the program by resolution and a different means of accounting.
On July 5, 2000, the Town Council agreed to proceed with a “percent for art program” as a part of the short-term (two-year) implementation of the Comprehensive Plan. Since then staff have worked with the Public Art Commission and various sub-groups of the Commission to organize the program in general and to implement the first public art project as a part of the new southern fire station.
The Public Art Commission has recommended an artist for the new southern fire station, and the Council approved a contract with him in June 2001 for $10,054. The preliminary model is ready for review by the Commission and then presentation in a public forum. It is anticipated that it will be completed and installed next spring.
On October 22, 2001, Renee Piechocki, Co-chair of the Public Arts Commission, proposed to the Council a program that would establish a process in which the Town Council would decide annually on allocating funds for public art. A copy of this proposal is attached.
The program as proposed is a process based on a yearly review by the Town Council of potential opportunities for public art in proposed capital projects; Council decisions on which projects to fund and on general locations of each public art project; and, budget appropriations. The Commission primarily and Town staff secondarily would implement these decisions. Generally speaking, the Council would make budget and general location decisions and the Commission would make aesthetic decisions.
Also generally speaking, the Commission would make recommendations to the Council and the Council would make decisions. Types of recommendations by the Commission would include:
· An itemized and prioritized list of public art projects, including locations and budgets, that the Council should consider adopting, known as the Annual Public Arts Program.
· The artist to be selected for each public art project.
The Commission’s proposal does not address the issue of location of public art, although the inclusion of the possibility to pool funds implies that the art need not be located on, in or near the capital project whose budget provides the funding. We recommend that the Council’s policy guidance include this topic and we propose a policy for your consideration.
With three modifications, we recommend the program proposed by the Public Art Commission be adopted by the Town Council.
We believe that the list of potential projects appears to be unrealistically long. For instance, such a list would include seven projects funded in 2001/2 by the current Capital Improvements Program whose budgets total about $3,965,000, with 1% being $39,650. Appendix B includes some other projects whose funding we expect to be approved in the next couple of years. We believe it would be more helpful to planners and budgeters, and to the public whose expectations may be raised unrealistically, to designate only those types of projects most likely to be included in a public art program. Therefore, we recommend that the list of eligible capital projects be limited to new buildings, parks and greenways.
In any case, the Council would have the opportunity annually to consider prospective projects in the light of the current budget situation and other competing needs of the Town
b. Program establishment by ordinance
The Council requested that we present tonight an ordinance to establish a Percent for Art program, and it is included after this memorandum. Nevertheless, we would note that Council programs are not normally established by ordinances; they normally are established by resolutions.
In 1995, David M. Lawrence and Warren Jake Wicker wrote in Municipal Government in North Carolina (Institute of Government):
“Textbooks usually define ordinance as a permanent rule of conduct imposed by a city on its citizens. Thus ordinances may limit the amount of noise that citizens may make, regulate how they may use their land, or require their business to treat sewage before discharging it into the city’s system. In North Carolina, cities also appropriate money and levy taxes by ordinance (A) board might set out the city’s policy…by resolution…” (p. 39)
Following these definitions, as the Town Attorney advises, the Percent for Art Program normally would be established by Council resolution. Annual, or more frequent, budget ordinances would appropriate the funds needed to implement the program.
The use of an ordinance has been recommended by the Public Art Commission as a means of enhancing the legitimacy and continuity of the Percent for Art Program. The Public Art Commission also believes that an ordinance may make it easier to attract grants.
If an ordinance were used to establish the program, it would have little practical effect until the Council passed a budget ordinance or amendment that provided funding for the program. A multi-year account could be established to hold funds not expended during the year in which they were appropriated, but continued funding would still require additional budget ordinances.
In general, no town council in the State of North Carolina can bind a future council. An ordinance can be amended or rescinded by the same council which adopted it or by a future council. An ordinance cannot require the appropriation of funds; only a budget ordinance can appropriate funds, and only as a one-time action and not on a continuing basis.
We would point out that the Commission has already received several grants, including a $5,000 grant from this past month from the Orange County Arts Commission.
We believe that the value and strength of the public art program would be judged by how regularly annual appropriations are made and by the quality and quantity of the public art that results.
The Council asked us to review the ordinance proposed by the Commission on October 22 and revise it appropriately. We have done so, and include a point by point discussion as Appendix C.
The Public Art Commission proposes to establish a restricted account in which all funds appropriated and received as gifts and grants for public art would be placed and expended only for the stated purpose.
We believe that the Commission’s intent is to segregate and protect funds for public art and to maintain them over several years if necessary until they are spent for public art. We believe that North Carolina law would allow us to identify public art funds and maintain them in a multi-year fund. However, the law does not allow us to protect funds from reappropriation by the same or subsequent Councils for other uses.
Nevertheless, we note that the Town has accepted gifts for restricted purposes, particularly in the Library Gift Fund, over many years. Even though the law does not require it, the Council has always respected the wishes of those making restricted gifts.
Please see Appendix D for a more detailed discussion of accounting principles.
We believe that these three modifications: a. restriction of the list of potential sources of public art funds; b. establishment of the program by resolution; and, c. accounting for funds according to North Carolina law and governmental accounting principles, would not impact the purpose of the Percent for Art Program and would make it consistent with Council practice and state law.
The Budget
If 1% of the project budgets for new buildings, parks and greenways built since 1998 had been allocated for public art, $110,662 would have been spent for public art. (Please see Appendix A.) It is impossible to say which expenditures already made for these projects would have been eliminated.
If 1% is allocated for art from future project budgets, it could come from what has been estimated for contingency, which is usually included at 10% for new construction. For example, if the Southern Community Park budget is $3,905,000, one percent would be $39,050. If the aquatic center is funded at $5,530,000, one percent would be $55,300. These two projects have not been defined in detail, so the design program would be limited by the budget available.
The source of funding is important when considering how much could be allocated for art. For example, most State and federal funding used for sidewalks, road improvements, parking facilities and greenways generally carries the requirement of a 10% or 20% local match. Since the grant funding could probably not be used for art, the local match would need to be increased by 1% of the project budget. That one percent of the project budget would be equivalent to a 5% or 10% increase in the cost to the Town of the sidewalk, road improvement or greenway.
The ordinance proposed by the Public Art Commission defines the base from which 1% is to be calculated as the costs of designing, building and equipping the facility. We have included wording in the policy statement to specify that the base would be the Town’s share of these costs.
Staffing
The Public Arts Commission hires its own staff. For several years the Council allocated $7,000 to the Commission, much the way it does to independent agencies. This year that amount was raised to $30,000. The Performance Agreement states that this funding shall be used for arts administration services, art shows and other art programs. The current budget of the Commission includes $19,500 to pay a staff person for 25 hours a week to, among other things, manage the Percent for Art Program.
The Commission’s staff reports to the Commission and not to the Town Manager. Therefore, the Town Manager or his designee would need to monitor implementation of the program and approve expenditures of the funds that the Council allocates.
We believe that the Town’s monitoring and liaison with individual art projects can probably be included in the duties of the project manager of future individual projects. However, we cannot estimate at this time how much staff time would be needed to implement the annual review of the Annual Public Art Program by the Town Council.
The Commission has proposed that the program’s need for legal counsel be met by the Town Attorney. We cannot estimate at this time how much time would be needed and whether those services would need to be provided through the hiring of outside counsel. In addition, because the Commission is not a Council advisory board, we do not recommend that, by ordinance or otherwise, theCouncil require that the Town Attorney provide legal counsel to the Commission.
POLICY ISSUES
Regardless of whether the program is established by ordinance or resolution, we recommend that the Council articulate its policy guidance. The policies would be included in a resolution or in a combination of an ordinance and a resolution. We present below policies for your consideration.
We have reviewed the program and its implementation guidelines presented by the Public Art Commission. We have simplified the wording and presented more general policies, but with few exceptions, we believe that the policy points presented below are consistent with the Commission’s proposal. (We list the differences following the proposed policies.)
Policy Guidance by Resolution
The following policies are included in Resolution A, which we recommend be adopted with or without an ordinance.
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.
Annual Public Art Program: The Town Council shall meet at least annually to consider the public arts program. The Public Arts Commission shall present its recommended list of prioritized public art projects and their recommended locations to the Town Council. 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.
Potential Budget: 1% of major capital project budgets shall be considered by the Council for reservation for public art.
Location: Location of artwork shall generally be on the site of the capital project. 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. However, the Council may designate funds to be used on sites other than those of the capital project in whose budget the funds originate, subject to other possible restrictions including terms, for example, of an applicable Bond Order.
Selection Process of Artists and Art: The Public Arts Commission shall establish a process with written guidelines for the selection of artists and review of the proposed pubic artworks. The process shall include participation by at least one representative each of the Public Arts Commission, Town Council, the architect, the host department, and the public at large.
Selection Decision on Artist: The Public Arts Commission shall present to the Town Council the artist and his/her style, the type of artwork to be purchased or which would be expected to result from a commission, and the general location of the piece on the site. The Town Council shall authorize a contract with the artist with or without conditions, or request another recommendation from the PAC.
Execution of Artist’s Commission: Detailed plans shall be developed by the artist and reviewed by the Public Arts Commission and architect and approved by the Town Manager before funds are released.
Acceptance of Art: The Town Manager shall accept the artwork before the final payment is made to the artist.
Accounting: Funds appropriated for public art shall be placed in a multi-year account(s) specified for this purpose. Grants and gifts and other revenue the Town receives for the selection, establishment, maintenance and deaccessioning of public art shall also be accounted for in this multi-year fund.
Policy guidance by ordinance
The attached ordinance draft includes the following general points of policy. If the Council decides to adopt this ordinance, we would recommend that the resolution also be adopted to expand on these policy points.
· 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.
The recommended policies above differ from the Commission’s proposal in that:
· The program is established by resolution, not by ordinance
· The list of projects to be included automatically in the annual review of pending capital projects whose budgets might include 1% for public art would include new buildings, parks and greenways, with the possibility of the Council adding any other projects as it wishes. The Commission would have the automatic review also include renovation projects, roads, sidewalks and bridges; the Council would then narrow down the list from there.
· Includes a policy for siting public art
· Specifies a multi-year account in which to account for funding instead of the wording used by the Commission
· In cases in which non-Town funding is used, 1% of the Town’s share of the cost of the eligible construction budget shall be considered for public art, rather than 1% of of the full project budget
The attached ordinance draft includes the following general points of policy. If the Council decides to adopt this ordinance, we would recommend that the resolution also be adopted to expand on these policy points.
· 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.
Public Arts Commission: That an ordinance be adopted establishing the Percent for Arts Program that is described in the attached memorandum dated October 22, 2001, and its attachments, which are in Attachment A of this memorandum.
Adoption of Ordinance _ and the following resolution would effect this recommendation.
Town Manager’s Recommendation: that the Council adopt the following resolution, which would establish a Percent for Arts Program.
ATTACHMENTS
1. Appendix A Budgets of Previous Capital Projects (P. 13).
2. Appendix B Budgets of Recommended Pending Capital Projects (P. 14).
3. Appendix C Comments on Ordinance Proposed by Public Arts Commission (p. 15).
4. Appendix D Funding and Tracking Public Arts Funds (p. 20).
5. October 12, 2001 Memorandum from co-chairs of Public Art Commission, with draft ordinance and draft implementation guidelines attached (p. 21).
A RESOLUTION ESTABLISHING A PERCENT FOR ART PROGRAM AND STATING THE GENERAL POLICIES AND PROCESSES OF THE PROGRAM (2001-11-12/R-10)
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 Art Program in the short-term implementation measures adopted on July 5, 2000; and
WHEREAS the Public Art 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 RESOLVED by the Council of the Town of Chapel Hill that a Percent for Art Program is hereby established 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 by the Council of the Town of Chapel Hill that the program shall be guided by the following policies:
Annual Public Arts Program: The Town Council shall meet at least annually to consider the public arts program. The Public Arts Commission shall present its recommended list of prioritized public arts projects and their recommended locations to the Town Council. The Town Council shall decide on which capital budgets shall include 1% for arts and the general site(s) of the art, and shall appropriate funds.
Potential Budget: 1% of major capital project budgets shall be considered by the Council for reservation for public art.
Location: Location of artwork shall generally be on the site of the capital project. 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. However, the Council may designate funds to be used on sites other than those of the capital project in whose budget the funds originate, subject to other possible restrictions including terms, for example, of an applicable Bond Order.
Selection Process of Artists and Art: The Public Art Commission shall establish a process with written guidelines for the selection of artists and review of the proposed pubic artworks. The process shall include participation by at least one representative each of the Public Art Commission, Town Council, the architect, the host department, and the public at large.
Selection Decision on Artist: The Public Arts Commission shall present to the Town Council the artist and his/her style, the type of artwork to be purchased or which would be expected to result from a commission, and the general location of the piece on the site. The Town Council shall authorize a contract with the artist with or without conditions, or request another recommendation from the PAC.
Execution of Artist’s Commission: Detailed plans shall be developed by the artist and reviewed by the Public Arts Commission and architect and approved by the Town Manager before funds are released.
Acceptance of Art: The Town Manager shall accept the artwork before the final payment is made to the artist.
Accounting: Funds appropriated for public art shall be placed in a multi-year account(s) specified for this purpose. Grants and gifts and other revenue the Town receives for the selection, establishment, maintenance and deaccessioning of public art shall also be accounted for in this multi-year fund.
This the 12th day of November, 2001.
AN ORDINANCE ESTABLISHING A PERCENT FOR ART PROGRAM FOR TOWN FUNDED CAPITAL IMPROVEMENT PROJECTS (2001-11-12/O-3)
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHAPEL HILL that the Council does hereby establish a program for supporting art in public places as follows:
Section 1. Findings and purposes.
The Town Council does hereby find that:
(a) Expanding the opportunity for the citizens to experience public art will promote the general welfare of the community; and,
(b) Providing for art in public places will enhance the aesthetic quality of public buildings and spaces; and,
(c) Supporting public art will further the objectives of the Town established in the Town’s Comprehensive Plan.
(d) Providing for visual art is a basic service to all citizens; and,
(e) Enhancing the appearance of buildings and spaces provides benefits to the community by expanding the historical, cultural and creative knowledge of citizens.
(f) Providing art accessible to the public and to the users of Town buildings and parks will improve of the quality of life in Chapel Hill, and more specifically will
· 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 2. Percent for Art Program Established.
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 3. Selection of Sites for Public Art Annually.
The Council shall decide annually which capital budgets shall include 1% or another amount for public art, and on which sites the artwork should be located.
Section 4. Method for Selection of Artists and Art.
The Town Council’s selection of artists and the development of the artwork shall be consistent with Council adopted policy and shall include input from the public as well as from the Chapel Hill Public Art Commission.
Section 5. Policies for Implementation of Public Arts Program by Council.
The selection process and the Council’s Policies for implementation of the Percent for Art Program shall be established by the Council in writing and available upon request.
This the 12th day of November, 2001.
BUDGETS OF PREVIOUS CAPITAL PROJECTS
Hargraves Gym 1998 $1,460,000
Landfill Maintenance Building ` 1998 362,000
Homestead Park 2000 4,462,000
Pritchard Park 2001 160,000
Lincoln Gym Restrooms 1998 148,000
Bolin Creek Phase II 1998 950,000
Dry Creek Trail 2001 270,800
Lower Booker Creek, Ph. I 2001 185,000
Lower Booker Creek, Ph. II 2001 742,000
Linear Park 2003 440,000
Brookview Bridge 1999 240,000
Willow Drive Bridge 2000 330,000
North Lakeshore Drive Bridge 2001 550,000
Kingston Drive 2000 114,000
Old Oxford Road 2000 6,400*
Piney Mountain Road 2000 6,700*
Willow Drive 2000 31,000
Cameron Ave 2001 86,400
High School Road 2001 60,000*
NC 54 2001 219,900
Weaver Dairy Road 2001 180,000
*materials only; Town staff costs omitted .
ATTACHMENT 2
APPENDIX B
Buildings $5,530,000 1%=$55,300
Community/Aquatics Center $5,530,000*
Parks $3,905,000 1%=$39,050
Southern Community Park $3,905,000**
Greenways *** $1,558,000 1%=$15,580
Undesignated 2001/2 – 2005/6 $1,558,000
Bridges $530,000 1%=$5,300
Replacement of Bolinwood Dr. Bridge 2002/3 $530,000
Sidewalks/Bikeways $658,000 1%=$6,580
Undesignated 2001/02 – 2005/6 $658,000
Hargraves Center/ Clark Bath House 2001/02 $ 940,000
Fire Station #2 2001/02 73,000
IFC Shelter 2001/02 309,000
Post Office/Court House 2001/02 1,196,000
Tennis courts/b’ball courts 2001/02 240,000
* Assumes funding from proposed 2001 County Parks and Recreation bonds of
$3,500,000
** Assumes funding from proposed 2001 County Parks and Recreation Bonds of $2,000,000
***Assumes funding from proposed 2001 County Parks and Recreation Bonds for both land acquisition and greenways development of $1,000,000
ATTACHMENT 3
APPENDIX C
COMMENTS ON ORDINANCE PROPOSED BY PUBLIC ARTS COMMISSION
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Proposed PAC Ordinance |
Manager’s Comments |
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WHEREAS the Town Council 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. |
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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. |
Wording is from the Comprehensive Plan, adopted in 2000; however, the Comprehensive Plan does not specifically call for an Ordinance. |
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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. |
As explained in the accompanying Memorandum, we believe that a resolution establishing Council Policy is a better mechanism to establish this program than an Ordinance. |
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ADMINISTRATIVE COSTS: All costs incurred in connection with the selection, acquisition, installation and exhibition of, and publicity about, Town-owned works of art. |
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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. |
It is the Council’s responsibility to act on the program once it has been “presented” to the Council. It also would require the Council to act on a more detailed description of potential public art projects, including design approach and scheduling, than would be consistent with having the Public Art Commission make aesthetic decisions. In addition, we believe that this level of detail could only be developed during the months following the Council’s decision on the budget and location of public art. |
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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. |
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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. |
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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. |
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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. |
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PUBLIC PLACES: All spaces owned by the Town, indoor or outdoor, that are accessible and/or visible to the public. |
It is possible that spaces owned by a public agency, such as DOT or another state agency, may be appropriate places for public art sponsored by the Town of Chapel Hill. (Offices of Town staff and private residences, as examples, would not be included in this definition.) |
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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. |
The more precise terminology would be Capital Improvement Program. In addition, a use could change without substantial expenditure, as in the reassignment of space from one Town department to another. |
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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. |
1. The intent of ensuring that certain funds are expended only for certain purposes cannot be achieved in this state. Generally, one Council cannot bind another Council with respect to a policy matter such as this. A single Council can adopt a budget ordinance and then amend or rescind it. To achieve the commission’s objective, we could establish a Public Art Account, a multi-year account into which the mentioned funds are deposited. However, any Council can vote to transfer funds into or out of such an account. 2. No funds are appropriated by this ordinance. Funds are appropriated only by a budget ordinance or amendment. |
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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. |
The Annual Public Arts Program must finally be adopted by the Council, after receiving recommendations from the Public Art Commission. |
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C. Monies from the account may be used forartists’ design services, the development of design concepts and models, for the selection, acquisition, installation, fabrication, maintenance and exhibition of artworks |
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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. |
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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. |
Implicit in State law and Town policy. |
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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. |
One Council cannot bind another by legislating that certain future appropriations must be made. |
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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. |
The Council may wish to appropriate more or less than 1% of the Eligible Construction Costs, depending on the particular project and on the budget situation. |
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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. |
This clause removes the assumption that public art projects are tied geographically to the project from whose budget they are funded. Therefore, it would be reasonable to have the Council specify the general site for each public art project when it is included in the Annual Public Art Program. |
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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. |
This is the function of a multi-year account, so it is not necessary to include this language. |
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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. |
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B. The Commission shall advise and inform the Town Council of acquisitions, installations and temporary displays of artworks and other public art activities. |
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C. The Commission shall educate and stimulate the participation of all citizens in a public effort to promote the Annual Public Art Program. |
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D. Administrative costs associated with the Annual Public Art Program, including staff support for the Commission, shall be designated annually by the Town Council. |
This wording does not clarify whether the administrative costs shall be part of the Annual Public Art Program. In 2001/02 the Council has appropriated $30,000 to the Commission to use for, among other things, administrative costs. |
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E. The Town Attorney shall provide legal counsel as reasonably required by the Commission. |
1. In cases in which there is a conflict between the interests of the Commission and the Town, this clause would appear to require the Town Attorney to work against the interests of the Town. 2. We believe that it is not reasonable or prudent to legislate how an employee of the Town Council shall spend his/her resources when future circumstances are unknown. |
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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. |
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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. |
Maintenance should be included explicitly in Section 3.B. and Section 5.B. |
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C. Deaccessioning: Review of the status of a public artwork will be the responsibility of the Commission. |
This clause puts the future of public art in the hands of the Public Art Commission, without further input from the Council. We believe that the Council should make the final decision, upon recommendation from the Public Art Commission. |
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SECTION 8. FILING OF ORDINANCE AND EFFECTIVE DATE |
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SECTION 9. INCLUSION IN CODE. |
We continue to believe that this program should be established by Policy rather than by Ordinance. However, if the Council wishes to establish it by Ordinance, we believe that, because its implementation is so closely linked to the appropriation process, implemented through project ordinances and the Budget Ordinance, that it should like those ordinances, which are not incorporated into the Town Code |
ATTACHMENT 4
APPENDIX D
FUNDING AND TRACKING PUBLIC ARTS FUNDS
We expect that there will be multiple sources for public art funds. The Council must approve any expenditure that comes from the Town or that is authorized through the Town, as for example with a grant. Authorization to spend is done through a budget ordinance or budget amendment. The Council may approve spending within a single year or for a multi-year project. In either case North Carolina law permits that Council, or any subsequent Council, to amend or rescind the previous budgetary authorization. In practice, Councils generally respect previous authorizations, but they are not required to do so.
In order to track revenues and expenditures against budgetary authority for public art funds, staff could set up a separate group of accounts within a multi-year project fund. (In principle, staff could set-up a completely separate fund, but North Carolina guidelines require that local governments maintain the fewest number of funds possible. The Local Government Commission would discourage the Town from using a separate fund.) In addition, staff could provide unique coding to track all public art budgets and expenditures included in other funds. For example, public arts funds might be budgeted within bond project ordinance funds. While these funds would not be included in the separate group of accounts, they could be reported together for the ease of the Public Arts Commission and other interested parties.