AGENDA #8
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Percent for Art Program
DATE: March 4, 2002
The attached ordinance would establish a Percent for Public Art Program. The attached resolution would establish the Council’s policies for implementing it. The Manager and the Public Arts Commission recommend adoption of both.
A Percent for Public Art Program would provide consideration annually of funding for public art. The Public Arts Commission, in conjunction with Town staff, would review each spring the list of pending capital projects in the Capital Improvements Program and would recommend to the Town Council which project budgets should include funding for public art and where that art should be located. The Town Council’s decisions on these topics would be known as the annual Public Art Plan.
Generally speaking, the Council would make budget and general location decisions and the Public Arts Commission would make aesthetic decisions.
The recommended resolution includes the outline of the Percent for Public Art Program, policy guidance from the Town Council regarding such matters as the development of the Public Art Plan, art and artist selection procedures, and review of the development of commissioned artwork.
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 Arts 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.
In June 2001, the Council followed the recommendation of the Public Arts Commission and approved a contract with Mike Roig to produce the artwork for the new Fire Station #5. The preliminary model was reviewed by the Commission, presented at a public forum, and displayed at the Town Hall and the Library; written comments were solicited from all viewers. Work on the final piece is underway now, and it is scheduled to be completed and installed in late 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, dated October 12.
On November 12, the Council discussed this proposal and recommendations from the Town Manager and requested the Commission to continue to work with Town staff until they could present a program proposal and ordinance that all could support. We describe such a proposal below.
We believe that the following program proposal would meet the objectives defined in the Comprehensive Plan, is supported by the Public Arts Commission and would be workable and practical.
The following language is taken from chapter 3, Community Character, section 3D. Public Art, of the “Comprehensive Plan” adopted May 8, 2000.
Program Objective: To provide art accessible to the public and to the users of Town facilities, 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.
The proposed program is a process based on a yearly review by the Public Arts Commission and the Town Council which would result in the annual Public Art Plan, and the implementation of that plan by the Commission, Town staff and artists. Because the concept is based on “a percent for art” model, the basis of the review would be the preliminary Capital Improvements Program.
The Public Arts Commission would review the preliminary Capital Improvements Program (CIP) with Town staff early each spring and would present its recommended Public Art Plan to the Town Council. The plan would include which projects would contribute 1% of their budget for 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 might recommend pooling funds if 1% of the project budget did not provide enough funds to commission or purchase a piece, or if the capital project in question did not provide a suitable location for public art.
The recommended plan would also include suggestions on how and where to spend the pooled funds, or whether to save the pooled funds for expenditure at a later date. The Town Council would consider the recommendations of the Public Arts Commission and of the Town Manager and make its decisions on the annual Public Art Plan. Funds for public art could be included as a line item in project budgets or as an appropriation to the pooled fund. Because a new plan would be adopted each year during the budget process, it would be possible for the Council to consider the funding of public art in the context of the immediate and most recently projected financial situation.
Generally speaking, the Council would make decisions on budget and general location, and the Commission would make aesthetic decisions.
The budget
If 1% of the new appropriations for the year 2001-02 in the Capital Improvements Program had been allocated for public art, there would have been $7,625 available.
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 that when the design program is developed, the program would be limited by the budget available.
The source of funding is important when considering how much, if any, could be allocated for art. For example, some local funding may be restricted by bond order. For another 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. If the grant funding could 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.
Because of this situation, we propose that we not define the base from which 1% is to be calculated as the costs of designing, building and equipping the facility. Rather, we have included wording in the policy statement to specify that the base would be the Town’s share of all these costs.
Public art funds would be identified and maintained in a multi-year fund. Such a fund would facilitate the pooling of small amounts of funding until enough is accumulated for a significant piece.
Staffing
Although the members of the Public Arts Commission are appointed by the Town Council, the 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 for work that includes managing the Percent for Public Art Program.
The Commission’s staff reports to the Commission and not to the Town Manager. Therefore, the Town Manager or his designee would work with the Commission staff and members to implement the program.
We believe that the Town’s monitoring and liaison with individual art projects nornmally can be included in the duties of the departmental staff representative for future individual projects. We cannot estimate at this time how much staff time would be needed to implement the annual review of the preliminary Capital Improvements Program and develop the recommended annual Public Art Plan to be reviewed by the Town Council, but we believe it could be accommodated with present staff.
Program Ordinance
While the policies regarding implementing the program would be stated in the attached resolution, we recommend that the program itself be established in the attached ordinance. Traditionally, ordinances in North Carolina are reserved for statements which permanently regulate the conduct of citizens of the locality which adopts the ordinance. Therefore, local programs such as the Percent for Public Art Program are normally established by resolutions adopted by the governing body.
However, the Public Arts Commission believes strongly that a public art program which is established by ordinance has greater stature in the eyes of grant-giving agencies than one which is established by resolution. While there are currently no such ordinances in North Carolina, we believe that the Council could adopt the following ordinance as an exception to its standard practice of enacting policy by resolution.
POLICY ISSUES
Because the recommended ordinance gives little detail about a public art program, we recommend that the Council articulate its policy guidance in the resolution that accompanies the ordinance establishing the program. We recommend that the policies be detailed enough to give the public a clear understanding of the intent and implementation of the program, but broad enough to allow room for experimentation and modifications as the new program develops. We present below policies for your consideration.
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:
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:
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.
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.
Public Arts Commission: That the Town Council adopt the attached ordinance establishing the Public Art Program and the attached resolution which articulates the policies that govern the program.
Town Manager’s Recommendation: That the Town Council adopt the attached ordinance establishing the Public Art Program and the attached resolution which articulates the policies that govern the program.
ATTACHMENTS
1. Executive Summary: Public Art Ordinance and Guidelines for the Town of Chapel Hill, October 12, 2001 (p. 12).
2. Appendix A Budgets of Previous Capital Projects (p.23).
3. Appendix B Budgets of Recommended Pending Capital Projects (p. 24).
4. Recommendation from Public Arts Commission (p. 25).
AN ORDINANCE ESTABLISHING A PERCENT FOR PUBLIC ART PROGRAM FOR TOWN FUNDED CAPITAL IMPROVEMENT PROJECTS (2002-03-04/O-1)
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) Enhancing the appearance of buildings and spaces provides benefits to the community by expanding the historical, cultural and creative knowledge of citizens.
(e) 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 Public Art Program Established.
A Percent for Public 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. Authorization to Commission, Acquire, Maintain and Conserve Art
The Town Council’s authorization to commission, acquire, maintain and conserve art 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 Percent for Public Art Program by Council.
The Council’s Policies for implementation of the Percent for Public Art Program shall be established by the Council in writing and shall be available upon request.
This the 4th day of March, 2002.
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:
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.
b. 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.
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.
ATTACHMENT 1
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.
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/Cameron Avenue** 2001 219,900
*materials only; Town staff costs omitted
** budget 80% from State Direct Allocation funds .
ATTACHMENT 3
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/basketball 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 ounty Parks and Recreation Bonds for both land acquisition and greenways development of $1,000,000
Date: February 25, 2002
To: Mayor and Town Council
From: Renee Piechocki, Co-Chair, Chapel Hill Public Arts Commission
Re: Percent-for-Art Program
Members of the Chapel Hill Public Arts Commission (“the Commission”) voted unanimously on February 20, 2002 to recommend that the Town Council adopt the following proposed ordinance and resolution that establishes a Percent-for-Art Program, as called for in the Comprehensive Plan. The Town Staff and the Commission have worked diligently for the past fourteen months to develop this program.
The Commission feels that the proposed ordinance and resolution are based on sound public art practices. The Annual Public Art Plan will inform the Town Council and the community about the opportunities available for public art. All capital improvement projects will be eligible for the Annual Public Art Plan review process. This broad approach, based on the Capital Improvement Program, will make the percent-for-art program as creative and flexible as possible and will make public art an integral part of community design and development. This program will add to the visual character, the economic development and the texture of the Town. It will also provide access to the arts for all of our citizens and visitors.
Commission members would like to thank the Town Staff including Kathryn Spatz, Jim Baker, Ralph Karpinos and Cal Horton for working with the Commission to develop this exciting program. We would especially like to thank Sonna Loewenthal for her time, effort and advice. The Commission would also like to thank the Town Council for its past and continued support of the arts in Chapel Hill.
The Commission supports the proposed ordinance and resolution and recommends that both be adopted.