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HomeMy WebLinkAboutAgenda - 10-25-2004-4ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 25, 2004 Action Agend_ a Item No. L~ SUBJECT: Orange Count Percent for Art Program DEPARTMENT: Arts Commission ATTACHMENT(S): • Overview • Proposed Orange County Percent for Art Resolution • Proposed Orange County Percent for Art Ordinance PUBLIC HEARING: (Y/N) No INFORMATION CONTACT: Martha Shannon, ext 2335 • Chapel Hill Public Art Resolution TELEPHONE NUMBERS: • Chapel Hill Public Art Ordinance Hillsborough 732-8181 • City of Charlotte Public Art Ordinance Chapel Hill 968-4501 • Mecklenburg County Public Art Durham 688-7331 Ordinance Mebane 336-227-2031 PURPOSE: To discuss and consider an Orange County Percent far Art Program, administered by the Orange Council Arts Commission (OCAC), which would offer Orange County the opportunity to acquire or commission works of art specifically far County-funded construction projects, bring artists into the design process and enrich the County's civic and community buildings and public spaces. BACKGROUND: The OCAC developed the EXCERPTS Public Art Project (during Orange Couhty's 250~h Anniversary) far the Government Services Center. The OCAC is currently working with the Chapel Hill Public Arts Commission on two public art projects: Homestead Aquatics Center and Southern Community Park, The BOCC also previously asked the OCAC to coordinate a public art project at Southern Human Services Center and provided $9,000 in funding during FY05, The BOCC has demonstrated an interest in finding public art, and a willingness to involve the OCAC in administering public art projects. Chapel Hill has a Percent for Art Program in place by ordinance. Charlotte and Asheville also have established Percent for Art Programs. Other NC cities with public art plans and/or public art committees in place include Cary, Hickory, Wilson, Kinston and Hendersonville. Mecklenburg County has adopted acounty-wide Percent for Art Program, If enacted by the BOCC, Orange County would be the second county in North Carolina to adopt a Percent for Art Program, FINANCIAL IMPACT: The money (1 %) for Percent for Art projects is allocated from the construction budget for each public space or facility, The Percent for Art Program would apply to County-funded capital constnuction projects that provide public services and accessibility, Public spaces, new construction and existing facilities undergoing substantial reconstruction would be considered by the BOCC. RECOMMENDATION(S): The Manager recommends that the Board discuss and consider the establishment of an Orange County Percent for Art Program by resolution or ordinance, to be administered by the Orange County Arts Commission. Proposed Orange County Percent for Art Program • A Percent for Art Program makes art accessible and visible throughout our county. It brings art into everyday life, Public sites provide an important venue for Orange County residents and visitors to appreciate artwork outside the traditional museum or gallery setting. • Public Art serves as an expression of the community, as well as a landmark. It helps to define the county's identity and sense of place. • Public Art helps to promote social interaction and discourse. • Public Art can memorialize the past as well as express shared values for the future, All great civilizations are recognized by the presence of public art, • Percent for Art projects demonstrate how art that is integrated into its site enhances civic architecture and a wide range of public spaces. • The Orange County town of Chapel Hill already has a Percent for Art Program in place by ordinance. (Charlotte and Asheville also have established Percent for Art Programs. Other NC locations with public art plans and/or public art committees in place are Cary, Hickory, Wilson, Kinston, and Hendersonville. New light rail construction efforts in Charlotte and Raleigh will include public art as part of those projects,) Administered by the Orange County Arts Commission, the Percent for Art Program offers Orange County the opportunity to acquire or commission works of art specifically for county-funded construction projects, The purpose of the program is to bring artists into the design process and enrich the county's civic and community buildings and public spaces. The Percent for Art Program would require that one percent (1 %) of the budget far eligible county- fimded construction projects are spent on artwork for county facilities, The Percent for Art Program would apply to county-funded capital constn~ction projects that provide public services and accessibility, New construction and existing facilities undergoing substantial reconstruction would be considered, These include, but are not limited to, firehouses, schools, shelters, police precincts, courthouses, hospitals, clinics, passenger terminals, prisons, detention centers, parks and sanitation facilities. The money for Percent for Art projects is allocated from the actual construction budget for each public space or facility. Percent for Art projects are site-specific and engage a variety of media -painting, mosaic, glass, textiles, sculpture, and works that are integrated into infrastructure, or architecture, The artwork must be allocated in an area of the facility that is accessible to the public, Artwork could be broadly defined as "all forms of visual arts conceived in any medium, material or combination thereof," It may be commissioned or purchased, or an existing county-owned artwork may be restored and re-sited. The Program would commission or purchase artwork from artists of all races and backgrounds that reflect the diversity of Orange County. A DRAFT RESOLUTION DEFINING A PERCENT FOR PUBLIC ART PROGRAM AND THE GENERAL POLICIES OF THE PROGRAM FOR ORANGE COUNTY WHEREAS, the Board of County Commissioners (BOCC) supports the arts in Orange County by continued funding of the Arts Commission, including the recent increase to a full-time staff position; and WHEREAS, on October 1, 200.3, the Board of County Commissioners included county funding for a Public Art Program at the Homestead Aquatics Center and Southern Community Park; and WHEREAS, at the BOCC's suggestion, the Orange County Arts Commission and the Chapel Hill Public Arts Commission are working together to commission artwork for these two new city/county projects; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County that the BOCC hereby establishes a Percent for Public Art Program for Orange County: to help define the county'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 County buildings and parks, for the improvement of the quality of life in Orange County, and more specifically to: • help define the county'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 BOCC shall meet at least annually to consider a Public Art Plan recommended by the Orange County Arts Commission. The recommended Public Art Plan shall include: a. Those capital projects which will include I% of their project budgets for public art b. The distinction between those capital projects which will 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 BOCC shall decide on which capital budgets shall include 1 % for art and the general site(s) ofthe art, and shall appropriate funds. This set of decisions shall be known as the Public Art Plan for the given year.. 5 3. Budget: 1 % of the annual Capital Improvements Program shall be considered by the BOCC for reservation for public art. However, the base from which the 1% is calculated shall exclude grant funds for which the County 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 Comity for designing, building and equipping the facility, including site work but excluding the acquisition of ]and. 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: a. Location of artwork shall generally be on the site of the capital project unless determined otherwise in the adopted Public Art Plan, Specific location within the specified site shall be considered by the Orange County Arts Commission as part of the selection and review of its design development. b. 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 to be selected and placed to enhance the project as a whole, 5. Selection of Artists and Art: a, The Orange County 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 Orange County Arts Commission shall appoint a committee to be chaired by a Commission member,. This committee may include at least one representative each of the Orange County Arts Commission, BOCC, the designer of the capital project (if relevant), the host department, the public at large; and at least two art professionals. c. The committee shall make its recommendation to the full Orange County Arts Commission, d. The Orange County Arts Commission shall present to the BOCC the artist and his/her style, the type of artwork which would be expected to result from a commission; or the specific artwork it recommends be acquired; or the artwork which it recommends be maintained or' conserved. The BOCC shall authorize a contract as recommended, with or without its own conditions, or shall request another recommendation from the Orange County Arts Commission. 6. Execution of Artist's Commission: a. The artist's contract shall define a process for his/her design development. b. The artist's contract shall define the review points during the design development c. The artist shall be involved with the design development of the capital project if relevant and if'the artist is chosen in time. d. The process shall include a means of involving the public, including a public forum to consider the design concept.. e. It is possible that, after the Orange County Arts Commission or its committee, County 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 County Manager shall accept the artwork before the final payment is made to the artist.. 8. Accounting: Ftmds 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 County may receive for the selection, establishment, maintenance and deaccessioning of public art shall also be placed in this multi-year fund. This the day of , 2004. 7 A DRAFT ORDINANCE ESTABLISHING A PERCENT FOR PUBLIC ART PROGRAM FOR ORANGE COUNTY FUNDED CAPITAL IMPROVEMENT PROJECTS BE IT ORDAINED by the Board of County Commissioners (BOCC) of Orange County that the BOCC does hereby establish a program for supporting art in public places as follows: Section 1, Findings and purposes. The BOCC does hereby find that: (a) Expanding the opportunity for the citizens to experience public art will promote the genera! 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 objective of strengthening the arts in Orange County; and, (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 County buildings and parks will improve of the quality of life in Orange County, and more specifically will • help define the county'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 county'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 BOCC 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 BOCC's authorization to commission, acquire, maintain and conserve art shall be consistent with Commission adopted policy and shall include input from the public as well as from the Orange County Arts Commission (OCAC). Section 5. Policies for Implementation of Percent for Public Art Program by BOCC, The BOCC's Policies for implementation of the Percent for Public Art Program will be established by the BOCC in writing, with input from the OCAC, and shall be available upon request. This the day of , 2004, S A RESOLUTION DEFINING A PERCENT FOR PUBLIC ART PROGRAM AND THE GENERAL POLICIES OF THE PROGRAM (2002-03-04/12-8) 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 1T 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, Q 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 I% 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 f:urded by the Tonn7 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 plwnbing, wiring or lighting; publicity; celebration; and any other cost related to the public art project. 4. Location: a.. Location of artwork shall generally be on the site of the capital project unless specified otherwise in the adopted Public Art Plan. Specific location within the specified site shall be considered by the Public Arts Commission as part of'the selection of the artwork and review of its design development , b, Consideration shall be given to the unique site, surrounding uses and development, function of the facility, users of the facility, style of the facility, visibility to the public, maintenance and security issues. Artwork should be selected and placed to enhance the project as a whole. 5. Selection of Artists and Art: a. The Public Arts Commission shall establish a process with written guidelines, available to the public, for' the selection of artists and the review of the art proposed for acquisition. The process shall be open to the public and shall encourage participation by as wide a variety of citizens as possible. 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 capita] project (if relevant), the host department, the public at large; and two art professionals, c. The committee shall make its recommendation to the full Public Arts Commission. d, The Public Arts Commission shall present to the Town Council the artist and his/her style, the type of artwork which would be expected to result from a commission; or the specific artwork it recommends be acquired; or the artwork which it recommends be maintained or conserved. The Town Council shall authorize a contract as recwmnended, with or without its own conditions, or shall request another recommendation from the Public Art Commission. io 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, gif4s and other revenue the Town may receive for the selection, establishment, maintenance and deaceessioning of public art shall also be placed in this multi-year fund. This the 4~h day of March, 2002. AN ORDINANCE ESTABLISHING A PERCENT FOR PUBLIC ART PROGRAM FOR TOWN FUNDED CAPITAL IMPROVEMENT PROJECTS (2002-03-04lO-I) 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 4`s day of'March, 2002, 12 ORDINANCE Ni1MBER: AMENDING CHAPTER 15 AN ORDINANCE AMENDING CHAPTER 15 OF THE CHARLOTTE CITY CODE ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS" WHEREAS, pursuant to G,S. 160A-488, the City has the authority to appropriate funds for the establislunent and support of arts programs and facilities; and WHEREAS, by resolution dated November 23, 1981, the City Council established the Charlotte-Mecklenburg Art Commission and authorized the allocation of funds for public art; and WHEREAS, by resolution dated May 10, 1993, the City Council restructured the Charlotte-Mecklenburg Public Art Commission and authorized the allocation of funds for public art programs; and WHEREAS, the City Council now desires to adopt an ordinance that restructures the Public Art Commission and authorizes the allocation of funds for public art programs; NOW, THEREFORE, be it ordained by the City Council of the City of Chazlotte, that: Section 1. Chapter 15 of the Charlotte City Code is amended by adding a new Article IX to read as follows: "ARTICLE IX. Public Art Program Section 15.211 Short Title. This Article will be lmown and may be cited as the "Charlotte Public Art Program." Section 15.212. Purpose and Intent The City of Charlotte accepts responsibility for expanding the opportunity for its citizens to experience art in public places.. The City also recognizes that the inclusion of public art in appropriate capital improvements projects will promote the cultural heritage and artistic development of the City, enhance the City's character and identity, contribute to economic development and tourism, add warmth, dignity, beauty and accessibility to public spaces, and expand the experience and participation of citizens with visual azts. A policy is therefore established to direct that funding for the inclusion of works of art in certain capital improvement projects constructed by the city be allocated through this public azt program that supersedes and replaces the joint public art program previously operated by the Charlotte-Mecklenburg Public Art Commission that had been established through resolutions duly adopted by the City of Chazlotte and Mecklenburg County. 1.3 Section 15.213. Definitions As used in this chapter, the following words, terms and phrases will have the meanings indicated in this section: Artist means any professional practitioner in the arts, generally recognized by critics and peers as a professional in the field as evidenced by his/her education, experience and artwork production. Artwork means original works, produced by an Artist pursuant to this chapter and approved by the Public Art Commission, in a variety of media. Artwork may be permanent, temporary, or functional, may stand-alone or be integrated into the architecture or landscaping and should encompass the broadest range of expression, media and materials. Artwork shall not include reproductions of original works of art.. ASC means the Arts & Science Council -- Charlotte/Mecklenburg, Inc., or its affiliated designee approved by the Gity, which assists in the administration of the public azt program described herein in accordance with an annual contract with the City and the Public Art Commission Capital Improvement Program means the City's program for advance planning of capital development. Capital bnproven:ent Project means any capital project paid for wholly or in part by the city for the construction or substantial renovation of any building, facility or open space to which the public is generally invited, including projects in the Business Corridor Program that are funded from the Capital Improvement Program. For purposes of this Article, a substantial renovation project is one that has been included in the Capital Improvement Program. Eligible Fund means a source of funds for a Capital Improvement Project from which City expenditures for public art are not prohibited as an object of expenditure. Eligible Project means any Capital Improvement Project with the exception of (1) those projects that have statutory, contractual or other legal restrictions that prohibit expenditures for Artwork from all portions of the project funds, and (2) those Art in Transit Projects that are governed by the guidelines established by the Metropolitan Transit Commission for CATS' capital programs.. City Council reserves the right to exclude certain projects from consideration as an Eligible Projects or to limit the percentage of Construction Costs appropriated for Artwork on an Eligible Project on a case-by-case basis, Constr°uctior: Costs means the total amount appropriated for a Capital Improvement Project (including funding from outside sources which permit the acquisition of Artwork for the Eligible Project with such funds) less the actual costs of: (1) real property acquisition, (2) demolition of existing structures, (.3) environmental 14 remediation, (4) equipment costs, (5) change orders to Eligible Projects, and (5) legal, design and accounting fees. Public Art Account means a specially designated account or accounts established by the City to fund the public art program as set forth in Section 15.224. Public Art Allocation means the amount of funds identified on a line item in the project budget for an Eligible Project that shall be allocated to the Public Art Account for use in accordance with this Article. Public Art Collection means the entirety of Artwork in city-owned places that have been acquired by the City through the public art program, and its predecessor program as a result of the public art resolutions of November 23, 1981 and May 10, 1993 which preceded this ordinance. Public Art Connni sion or Connnission shall mean the Charlotte/Mecklenburg Public Art Commission described in Section 15.214 below. Sec. 15-214. Public Art Commission established; function. There is hereby established a commission to be known as the Public Art Commission which shall have the powers and duties as set forth in this Article in order to oversee and administer a public art prograni that will ensure the inclusion of Artwork in appropriate Capital Improvement Projects for the city to enhance the artistic and cultural development of the city. The Public Art Commission also administers a public art program for Mecklenburg County pursuant to an ordinance duly adopted by the Boazd of County Commissioners ofMecklenburg County on December 17, 2002.. This reestablishment ofthe Public Art Commission shall supersede and replace the Charlotte- Mecklenburg Public Art Commission previously established through resolutions duly adopted by the City of Charlotte and Mecklenburg County. Sec. 15-215. Composition; appointment of members. The Public Art Commission shall be composed of no less than nine (9) and no more than twelve (12) members, three (3) of which will be appointed by the city, three (3) of which will be appointed by the Board of County Commissioners ofMecklenburg County, and the remainder of which will be appointed by the Board of Directors of the Arts and Science Council. Two of the members appointed by the city shall be appointed by city council and the mayor shall appoint the other member. The members of the Commission shall be appointed as follows: City County ASC Visual arts or design professionals Representatives of the business sector Representatives of the education field Representatives of the community 15 Sec. 15-216. Terms of members; removal, etc. (a) Members of the Commission shall serve for three-year terms and may serve a maximum of two consecutive full terms, plus any partial term to which they may have been appointed.. Member terms shall be appointed on a staggered basis so that no more than three (.3) of the minimum nine (9) appointed seats become vacant at one time. (b) Any member serving in a position for which the term has expired shall continue to serve until the member's successor in that position is appointed and qualified. Any vacancy in a position shall be filled for the unexpired ternr, (c) Any member appointed by the city who fails to attend the requisite number of meetings as set out in the boards and commissions attendance policy adopted by the city council shall be automatically removed from the Commission.. Vacancies resulting from a member's failure to attend the required number of meetings shall be filled as provided in this section.. The city clerk will notify the mayor and council if a city appointed member is absent the requisite number of the meetings, and appointment will be made by the appointing authority to fill that vacancy. (d) Current members of the previously established Charlotte-Mecklenburg Public Art Commission shall serve out their remaining term and upon the expiration of such term, replacement members shall be appointed by the same entity that appointed the retiring member according to the fields designated above. Sec. 15-217. Compensation of members. Members of the Public Art Commission shall serve without compensation from the city or any firm, trust, donation or legacy to or on behalf of the city, provided, however, that a member of the Commission, or the firm, company or corporation with whom the member is associated, shall not be precluded from receiving compensation from the city under any contract for services rendered which have no relation to the member's duties as a member of the Commission. Sec. 15-218. Chairman. The chairman of the Public Art Commission shall be elected by a majority of the members of the Commission and shall hold such office for one year or until a successor has been elected and qualified. The chairman may serve as a member of the Board of Directors of the Arts and Science Council if so elected. Sec. 15-219. Role of ASC. The ASC is anon-profit organization that provides services and programs to the City pursuant to an annual agency contract. The Public Art Commission shall utilize the services of the ASC to administer the public art program. 16 Sec. 15-220. Administrative procedures. The Public Art Commission in conjunction with the city's Finance Department and the ASC shall prepare guidelines and specifications for the administrative procedures that are necessary to accomplish the purposes set forth in this Article. Sec. IS-221. Consultation with city officers and department staffs. City officers and staffs of city departments may consult and advise with the Public Art Commission from time to time on matters coming within the scope of this Article, and the Commission may consult and advise with such city staffs and officers, Sec. 15-222. Solicitation of gifts of art and funds. The Public Art Commission shall have the authority to solicit gifts of art on behalf of the city and to encourage public-spirited citizens to contribute funds, as well as permanent works of art, to the city and thereby help to beautify the city and the public buildings and grounds situated therein, Sec. 15-22.3. Powers and duties. (a) Subject to the provisions of this Article, the Public Art Commission shall be responsible for administering the city's public art program with the assistance of ASC, including the establishment of policies and guidelines, the designation of appropriate sites for Artwork, the determination of an art budget for Eligible Projects, the selection of artists and commissioning works of art, review of the design, execution and placement of Artwork and the removal of Artwork from the city collection. (h) The Public Art Commission, with the assistance of ASC, shall prepare an annual fiscal year work plan for approval by the city council which shall include at least the following: (1) a description of the Artwork completed, obtained or commenced in the previous year; (2) a description of the Capital Improvement Projects designated for inclusion of public art in the upcoming year and of the funding source; (.3) a budget for the income and expenditures for such projects; and (4) a general description of the public art plan for the upcoming year, The city council shall have final approval of the annual work plan and budget for the public art program. The annual work plan shall be contingent upon the availability of funds for capital projects,. (c) The Public Art Commission shall work together with the city and the ASC to examine all Artwork or a design or model of same which are proposed for permanent or long-term placement on city property or aze to become the property of the city by purchase, gift or' otherwise, except for those works to be placed in a museum or' gallery, to determine an appropriate space for the placement of such Artwork.. In any case in which the city and the Commission cannot agree on the location of placement of such works, the city's determination shall be final. 17 (d) Prior to moving or removing any Artwork placed in, on or about city property pursuant to the public art program, the city shall submit such proposed change to the Public Art Commission for a report and recommendation about a new space for the Artwork or alternatives to moving it. In any case in which the city and the Commission cannot agree on issues related to the relocation or removal of the Artwork, the city's determination shall be final. The Commission shall not be required to make recommendations regarding the temporary placement of Artwork on city property. (e) To encourage broad community pazticipation in the public art program and to ensure Artwork of the highest quality, the Public Art Commission may solicit the participation of community representatives and professionals in the visual arts and design fields as part of the aztist and art work selection process for particular public art projects in accordance with the size and complexity of the projects. These advisors may assist the Commission in the selection of aztists, project oversight and other related purposes, but shall have no vote on matters coming before the Public Art Commission. (f) During the design phase of the Artwork, the Public Art Commission shall advise the appropriate city departments through the city manager concerning the maintenance requirements of every Artwork, recommend to the responsible department the type, frequency and extent of maintenance required to preserve the quality and value of every Artwork, and inspect such maintenance work for the guidance of the city depaztments concerned, It is the responsibility of the site manager or appropriate department head to provide for the maintenance of Artwork in their routine site maintenance program. Any proposed Artwork which is determined by the Commission or demonstrated by an appropriate city department head to require extraordinary operations or maintenance expense shall be reviewed with the city manager and approved by city council prior to proceeding with the fabrication and construction of the Artwork. Section 15.224. Funds for Public Artwork (a) All allocations of funds for Eligible Projects shall include an amount equal to one percent (1%) of the projected Construction Costs at the time the project is included in the city's Capital Improvement Program to be rrsed for the selection, acquisition, commissioning and display of Artwork. No allocation shall be made for Eligible Projects with an estimated expenditure of less than the tlueshold amount for which formal bidding procedures are required pursuant to G.S. §143-129. If the source of funding, applicable law governing any particular Eligible Project or the expenditure of such funds precludes art as a permissible expenditure, the amount of funds so restricted shall be excluded from the Construction Costs in determining the amount to be allocated as provided herein. (b) The City's Finance Director shall establish a special fund designated the "Public Art Account" into which funds appropriated as set out above (the "Public Art Allocations") or derived from gifts or donations to the city for public art shall be deposited. For' the budget year that the city council appropriates funding far the Eligible Project and that the Eligible Project is instituted, the Public Art Allocations shall be 18 deposited into the Public Art Account in accordance with procedures established by the City's Finance Director. (c) Monies collected in the Public Art Account shall be budgeted and expended in the same manner as other city revenues and used for projects commissioned pursuant to this Article, Each disbursement from such account or from other appropriations for Artwork shall be recommended by the Public Art Commission and authorized in accordance with applicable law and accounting principles governing expenditures from the city's budget, Sepazate accounts shall be established whenever funds are required to be used at a designated Capital Improvement Project. (d) From the effective date of this section, applications for Capital Improvement Projects to granting authorities shall include amounts for Artwork as specified herein, insofaz as permissible by the granting authority.. Section 15.225. Uses of funds. Funds allocated in accordance with this Article may be used for the selection, acquisition, purchase, commissioning, fabrication, placement, installation, exhibition or display of Artwork.. To the extent practical, artist selection should be concurrent with selection of the architect or designer to ensure integration of the Artwork into the project architecture, In the event a particulaz Eligible Project is deemed inappropriate for the placement of Artwork by the Public Art Commission or by city council, if not otherwise prohibited by law, the funds appropriated for Artwork maybe used at other more appropriate public sites. Section 15.226. Public Art Acquisition Disbursement of funds fiom the Public Art Account to pay for Artwork acquired pursuant to this Article shall be made in accordance with procedures established by the City's Finance Director, but shall at least include the submission from the Public Art Commission of an accurate and complete invoice resulting from a contract with an Artist. The invoice for such Artwork may include a commission fee of fifteen percent (15%) of the cost of the Artwork for services rendered in connection with the acquisition and installation ofthe Artwork. Section 15.227. Ownership of Artwork All Artwork acquired pursuant to this Article shall be acquired in the name of the City of Charlotte, and title shall vest in the City of Charlotte. Section 15.228. Decriminalization A violation of this Article shall not constitute an infraction or misdemeanor punishable under GS.. 14-4." 19 Section 2. The previous Resolution restructuring the Public Art Commission approved by the City Council on May 10, 1993 in Resolution Book .31 Page 62 shall be repealed as of the effective date of this ordinance. As of the effective date of this ordinance, all existing and unspent funds appropriated for the works of art shall be transferred to the appropriate Public Art Account. Section 3. This ordinance shall become effective on .Tiny 1, 200.3. Approved as to Form: City Attorney 20 Mecklenburg County Public Art Ordinance Section 1.1 Purpose and Intent The City of Charlotte and Mecklenburg County have jointly operated a successful public art program since 1981 through the Public Art Commission that has resulted in the creation of nurnerous original wories of art in public places throughout the City and the County.. In 199.3, the City of Chazlotte and Mecklenburg County enacted a joint resolution restructuring the Charlotte-Mecklenburg Public Art Commission and Authorizing the Allocation of Funds for Public Art Programs. This resolution transferred the responsibility for administering the Public Art Program to The Arts & Science Council--Charlotte/Mecklenburg, Bic., under the supervision of the Public Art Commission. Irr order to further foster cultural activities for public spaces throughout the City and County, the City and County now desire to redefine the public art program and the Public Art Commission through this ordinance, The purpose of this ordinance is to promote the cultural heritage and artistic development of the County, to enhance the County's character and identity, to cmrtribute to economic development and tourism, to add warmth, dignity, beauty and accessibility to public spaces, and to expand the experience and participation of citizens with visual arts, by directing the inclusion of public art in appropriate County capital improvement projects. Section 1.2 Definitions a. "Artist" means any professional practitioner in the arts, generally recognized by critics and peers as a professional in the field as evidence by Iris/her education, experience and artwork production.. b, "Artwork" means original works, produced by an Artist pursuant to this ordinance and approved by the Public Art Commission, in a variety of media. Artwork may be permanent, temporary or functional, may stand-alone or be integrated into the architecture or landscaping and should encompass the broadest range of expression, media and materials. Artwork shall not include reproductions of original works of art, c. "ASC" means the Arts & Science Council--Charlotte/Mecklenburg, Inc. or its affiliated designee approved by the County which manages the public azt program described herein under contract with the County and the Public Art Commission. d. "Capital Improvement Program" means the County's program for advance planning ofcapital development. e, "Eligible Project" means any capital project paid for, in whole or in part, by the County for the construction, improvement, beautification or Renovation of any building, park, trail, greenway, bikeway, parking facility, or public space. Eligible 21 projects shall include all such projects, however financed, including but not limited to projects in any Capital Improvement Program.. f. "Eligible Project Costs" means the total amount appropriated for design, and construction of an Eligible Project (including funding from outside sources which permit the acquisition of Artwork for the Eligible Project with such funds), but excluding the actual costs of: (1) real property acquisition, (2) demolition of existing structures, (3) environmental remediation, and (4) legal and accounting fees, g. "Public Art Account" means a bank account maintained by ASC pursuant to Section 1,.3 of this ordinance, h, "Public Art Funds" means the line items in the project budgets for Eligible Projects into which all monies generated under this ordinance or derived from gifts or donations to the County for public azt shall be allocated as set forth in Section 1.4 below. i. "Renovation" means any major redesign of a facility or system or portion thereof which is included in the County's Capital Improvement Program budget, including expanding or upgrading the capacity of the facility or system, enlarging the facility or creating a new use for the facility. Renovation does not include routine repairs, maintenance, the installation of mechanical equipment or modifications required solely for the purposes of code compliance, j. "Public Art Collection" means the Artworks owned by the County as a result of this ordinance or the public azt resolutions of November 23, 1981 and May 10, 199.3 which preceded this ordinance, ]t. "Public Art Commission" shall mean the Charlotte-Mecklenburg Public Art Commission described in Section 1.5 below.. Section 1.3 ASC Art Fund a. A Public Art Account shall be established at a national bank located in Charlotte, North Carolina. The account shall be opened in the name ofASC and designated as a "Public Art Account." ASC shall be the sole signatory on such account. Deposits and withdrawals from such account shall be strictly in accordance with this ordinance.. b. ASC shall maintain detailed ledgers of all transactions from the Public Art Account, and shall maintain copies of all account statements. The County shall have the unlimited right to review such ledgers and statements, and all supporting documentation for expenditures by ASC. for Eligible Projects. ASC shall cause the Public Art Account to be audited annually by a certified public accountant. The report of such audit shall promptly be delivered to the County Director ofFinance. 22 c. ASC shall not deposit any funds into the Public Art Account except for appropriations described in Section 1.4. d. ASC shall not withdraw any funds from the Public Art Account except: (1) to pay the expenses for an Artwork pursuant to an Artist Contract; (2) to pay to ASC an amount up to fifteen percent (I S%) of the I% of Eligible Project Costs appropriated pursuant to Section 1.4 of this ordinance to be used for program administration of the Eligible Project, including artist selection, design/proposal/maquettes costs, advisor and consultant fees, project management and project documentation. Funds for program administration of the Eligible Project not spent at the close of any fiscal year shall be carried forward into the next year, but ifnot spent for the Eligible Project for which appropriated within two (2) years after receipt, must be returned to the County. e. Funds deposited into a Public Art Fund for a specific Eligible Project, but not spent on that Eligible Project may be pooled and used for Artwork approved by the Public Art Commission to be located on other property owned by the County for other Eligible Projects funded from the same capital project ordinance, or another Eligible Project specifically approved in writing by the County Director of Finance as being an Eligible Project on which such funds maybe legally expended. f; All capital project ordinances, resolutions, or grant applications approved after the effective date of this ordinance shall make specific reference to the provisions of this ordinance to facilitate the appropriation and pooling of funds for public art to the extent provided herein and authorized by law. Section 1.4 Public Art Appropriations a. Beginning on the effective date of this ordinance, the County shall allocate to the appropriate Public Art Fund an amount equal to one percent (1%) of the total Eligible Project Costs far all Eligible Projects to be funded from the capital project ordinance to be used for the selection, design, acquisition and display of Artworks, and for the administration of the public art program.. b. All County department heads shall include in every estimate of necessary expenditures, every budget, and every request for authorization or appropriation for Eligible Projects a separate line item in the budget equal to one percent (1%) of the Eligible Project Costs. In addition, all County agencies shall include in all applications for funding for Eligible Projects to outside grant organizations or governmental agencies, if appropriate, a separate line item in the budget equal to one percent (1 %) of the Eligible Project Costs, These line items shall be described as "Public Art" in all such estimates, requests or budgets. 2.3 c. Within thirty (.30) days after the Board of County Commissioners approves any Capital Improvement Program which includes an Eligible Project, the County Manager or his designee shall forward a copy of the approved Capital Improvement Program to ASC.. d. Prior to any installment purchase financing or the sale of any bonds by the County, the Director of Finance shall consult with ASC to determine the cash flow needs of ASC for Artwork and program administration expenses for Eligible Projects to be funded from such financings to make sure that the sizing of such financing will include sufficient funding for such Eligible Projects for the period of time for which the financing is to satisfy necessazy cash flow needs.. e, Within twenty (20) days after the Board of County Commissioners adopts a capital project ordinance, the Director of Finance shall determine the total amount budgeted for' any Eligible Projects to be funded by that capital project ordinance, establish the appropriate Art Fund line item budget for that Eligible Project, and notify ASC of the amounts appropriated for Eligible Projects. Following that notification, ASC may submit invoices to the Director of Finance to pay the expenses for an Artwork pursuant to an Artist Contract, based on the payment terms of that Artist Contract, and an 'invoice for amounts up to fifteen percent (15%) of the 1 % of Eligible Project Costs for program administration of an Eligible Project, Section 1.5 The Public Art Commission (creation, purpose, composition, administration, responsibilities) a, The County hereby appoints the Charlotte/Mecklenburg Public Art Commission as ajoint commission of the Board of County Commissioners and the Charlotte City Council to carry out this ordinance. The Public Art Commission shall be composed of nine (9) members, three (3) appointed by the City Council, three (3) appointed by the Boazd of County Commissioners, and three (.3) appointed by the Boazd of Directors of ASC. b. Members of the Public Art Commission shall serve staggered, three-year terms and may serve a maximum of two consecutive terms plus any partial term to which they may have been appointed. c, The members of the Public Art Commission shall be appointed by the City, the County and the ASC Board, as designated below: City County ASC Three from visual arts or design professions Two from the business sector Two from the education field Two at-large, community representatives 24 The current members of the Public Art Commission shall serve out their remaining terms. d. Any replacement member shall be appointed by the same entity which appointed the retiring member according to the fields designated above. e. The Chairman of the Public Art Commission shall be elected by a majority of the members of the Public Art Commission annually and shall serve as a member of the Board of Directors of ASC.. f. The Public Art Commission may, from time to time, select advisors for particular public art projects in accordance with the size and complexity of the projects. These advisors shall assist the Public Art Commission on artist selection, project oversight and other related purposes, but shall have no vote at Public Art Commission meetings. The Public Art Commission shall encourage broad community participation in the public art program, including naming a community representative on artist selection panels, g. The Public Art Commission shall engage ASC by contract to administer the public art program pursuant to an agreement between the County, the Public Art Commission and ASC, The Public Art Commission shall establish policies and procedures for the operation of the program, h. The Public Art Commission, assisted by ASC staff; shall annually review the capital projects proposed by the County, including those in the Capital Improvement Program, to determine which are Eligible Projects, Based upon such information, the Public Art Commission shall prepare an annual work plan for approval by the Board of County Commissioners. The annual work plan shall include at least the following: (1) a description of the projects completed or commenced in the previous year; (2) a budget for the income and expenditures of the Public Art Funds for the upcoming year; (3) a description of the Eligible Projects and the Eligible Project Costs for such projects; and (4) a general description of the public art plan for the upcoming year. The Board of County Commissioners shall have final approval of the annual workplan and budget for the Public Art Funds. The annual workplan shall be contingent upon the availability of funds for Eligible Projects. i. Once an Eligible Project is included in the approved public art workplan, the Public Art Commission shall be responsible for the selection of Artists and Artworks. Over time, the Public Art Commission should achieve an appropriate balance among local, regional and national artists in the progranr. The enduring quality of the Artworks should be a primary consideration during Artists Selection, ASC shall be responsible for contracting with Artists for the Artworks selected by the Public Art Commission on terms acceptable to ASC and approved by the Public Art Commission. Funds for the payment of contracts with Artists for Artworks shall be paid from the ASC Art Fund. 25 j. The County department which is responsible for maintaining the property upon which any Artwork is located shall provide routine maintenance for' such Artwork according to the approved maintenance plan submitted by the Artist. Any non-routine maintenance must be approved in advance by the Public Art Commission. k. The Public Art Commission may encourage and help obtain additional grants and gifts of public art from outside sources. Section 1.6 Placement of Artwork Artwork selected and implemented pursuant to the provisions of this ordinance maybe placed in, on or about County property. They maybe attached or detached, within or about such property, and maybe either temporary or permanent. County officials responsible for the construction oversight and real estate management of capital development projects shall make appropriate spaces available for the placement of Artwork. Section 1.7 Ownership of Artwork All Artwork acquired pursuant to this ordinance shall be acquired in the name of the Mecklenbrrg County, and title shall vest in the Mecklenburg County. Section 1.8 Repeal of Previous Resolution The resolution approved by the Board of County Commissioners on February 15, 1993 in Resolution Boak 34A page 330 public art program is hereby superseded. All existing and unspent Public Art appropriations shall be transferred to the appropriate Public Art Fund. Section 1.9 Severability If any section, sentence, clause or phrase in this ordinance is held to be invalid or unconstitutional by any court of competent,jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 1.10 Effective Date This ordinance shall be effective upon its approval by the Mecklenburg County Board of Commissioners and shall remain effective thereafter until repealed by the Boazd. ADOPTED on the 17°i day of December, 2002. Clerk to the Boazd