ORDINANCE 5.09 Sponsors: Councilor Paul,
Burlington City Arts, Ordinance Committee
First reading: 03/22/21
Referred to: Ordinance Committee
Second reading: 06/28/21
Signed by Mayor: 06/30/21
It is hereby Ordained by the City Council of the City of Burlington as follows:
That Chapter 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of Burlington be and hereby is amended by adding a new article, Article X, Percent for Public Art, thereto to read as follows:
ARTICLE X. PERCENT FOR PUBLIC ART
(a) Name. This Ordinance shall be known as the Percent for Public Art Ordinance.
(b) Purposes. The purpose of this Article is to provide funding for public art in capital projects funded wholly or in part by the City of Burlington. Public art strengthens public places and enhances and promotes Burlington's identity as a livable, creative city and a desirable place to live, work and visit. The purpose of the Percent for Public Art Ordinance is to provide funding to involve artists in the design, implementation and integration of art in public projects, to support administration of the public art process, and to establish funds for maintenance of the City's public art collection.
21-121 Definitions. For purposes of this ordinance, the following terms shall have the following meanings:
(a) "The Art in Public Places Guidelines and Policies" (the Guidelines) shall mean a policy adopted by the Board of Advisors of Burlington City Arts and approved by the City Council that will guide the development of the City's Art in Public Places program and that will be funded in part through the Percent for Public Art Fund established by this ordinance.
(b) "Capital project" shall mean any project that is funded wholly or in part by the City of Burlington and that involves the construction, renovation, or remodeling of buildings, structures, or parking facilities; street improvements; streetscape improvements; or park or recreational area construction or remodeling. It does not mean any project or any portion of a project that is solely for repair or maintenance.
(c) "Eligible budget" shall mean that portion of the total budget for the capital project that is related to construction or rebuilding, but not debt issuance costs, permits, fees, maintenance, or other costs as may be excluded by the Guidelines.
(d) "Public art" means a work of visual art or an artistically designed feature created by an individual who is professionally engaged in the production of creative and original artwork that is owned by the City of Burlington. The work shall be intended to be permanent or longstanding, not temporary or transitory, so as to qualify for capital funding.
(e) "The Percent for Public Art Fund" shall mean one or more reserve funds of the City created for the purpose of housing the funds set aside pursuant to this ordinance and shall be carried over from year to year until expended.
(f) "The Public Art Administrator" shall mean the employee of Burlington City Arts responsible for administration of the City' s public art collection and Art in Public Places program.
(g) "The Public Art Committee" shall mean a committee created by the Board of Advisors of Burlington City Arts that includes City planning staff and may include individuals who are not members of the Board. A majority of the committee shall be residents or taxpayers of the City of Burlington. The Board may appoint specific members to serve on the Public Art Committee for any specific public art or capital project.
21-122 Eligible Projects.
(a) One Percent Set Aside. Any capital project, except as provided below, shall set aside at least 1% of its eligible budget for public art.
(b) Set Aside Not Required. A capital project is not required to set aside funds for public art if:
(1) the ability to set aside project funds is limited by law, regulation, bond covenant, grant terms, or funding agency rules;
(2) the project is funded by a bond for which the voters did not authorize the use of funds for public art; or
(3) the City Council specifically determines that a particular project will not fund the 1% for public art.
(c) Public Art or Set Aside Funds. The 1% set aside shall either be used to incorporate public art into the project or be contributed to the Percent for Public Art Fund, as determined by the Public Art Committee in consultation with the project's managers, except that for any capital project resulting in a set aside of $10,000 or less, the set aside will be contributed to the Percent for Public Art Fund.
(d) Determination of Eligible Capital Projects. For each capital project of the City within the City's capital budgets, the Chief Administrative Officer and the Executive Director will consult with the responsible department head and project manager to determine whether the project is a capital project within the meaning of this ordinance. The mayor will resolve any dispute about the eligibility of a capital project.
(e) Additional Contributions. The City may encourage other projects that are not capital projects to contribute to the Percent for Public Art Fund, as appropriate.
21-123 The Percent for Public Art Fund.
(a) Eligible Costs. Monies reserved in the Percent for Public Art Fund are dedicated to the creation, management and maintenance of public art. They may be used, with respect to public art, for any of the following capital expenses:
(1) design, selection, acquisition, purchase, or commissioning,
(2) display, installation, or transport,
(3) conservation, cleaning, repair, maintenance, or restoration,
(5) decommissioning or sale, or
(6) administration of the Art in Public Places program.
(b) Ineligible Costs. Monies from the Percent for Public Art Fund may not be used for:
(1) mass-produced, standard design objects or visual works;
(2) decorative, color, textural, or functional elements of a project designed by an architect, rather than as an integrated art work by an artist;
(3) landscape architecture or gardening except if an artist has included them as integral parts of a work of art;
(4) directional signage except as an integral part of an artist's design , or
(5) other ineligible costs identified in the Guidelines.
(c) Percent for Public Art Fund Budget. The Executive Director of Burlington City Arts, with the approval of the Public Art Committee, will annually prepare a budget for the Percent for Public Art Fund that includes maintenance of the City' s public art and administer ati on of the City's Art in Public Places program to be included in the annual Mayor's Recommended Budget for City Council approval.
(d) Committee Authorization. The Executive Director may authorize the acquisition of any public art using the Percent for Public Art Fund, consistent with the approved budget and the Guidelines.
21-124 Public Art Project Guidelines and Policies
(a) Establishment of Guidelines. The Board of Advisors of Burlington City Arts will create and oversee the Guidelines related to the selection, management, and maintenance of public art and the related use of the Percent for Public Art Fund, subject to approval of the Guidelines by the City Council.
(b) Content of Guidelines. The Guidelines shall include:
(1) criteria for the selection and placement of the City's public art, including standards for public solicitation of artists;
(2) requirements to ensure that the City's public art reflects the cultural, racial, and ethnic diversity of the City, including methods to ensure representation by artists who reflect that cultural, racial, and ethnic diversity;
(3) standards to ensure sufficient funding for the continuing conservation, maintenance, repair, and restoration of the City's public art;
(4) procedures for acquiring and de-accessioning the City's public art;
(5) a process for public input and selection of members to serve on artist-selection juries.
(c) City Ownership. The City of Burlington shall own all public art funded pursuant to this ordinance unless formally deaccessioned.