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Public Art Policies and Procedures | City of Norfolk

Ordinance – Public Arts Commission and the Funding of Public Art

(Section 32-72.1 to 32-72.9) The city capital improvement budget allocates one percent of specified construction projects valued over $500,000 for the purpose of acquisition of artwork.  An 11-member Public Arts Commission was established as a formal mechanism to provide guidance and oversight for a public art program in the city.

Purpose

The purpose of the Public Arts Program is to:

  • Interweave art with the urban fabric;
  • Create a unique image and sense of place;
  • Encourage positive civic discourse;
  • Celebrate historic events and persons;
  • Inspire, educate, beautify and give character to public places, and
  • Provide opportunities to facilitate the community values of inclusion; civic pride, cultural diversity and appreciation of the creative spirit.

Definitions

  • “Commission” shall mean the Norfolk Public Arts Commission established by ordinance Section 32-72.1 to 32-72.7.
  • “Work of Art” means any work of visual art, including but not limited to, a sculpture, earthwork, drawing, painting, fresco, mosaic, photograph, neon, glass, limited edition prints, calligraphy, any combination of forms of media including sound, literary elements, film, and video systems; hybrids of any media and new genres.
  • “Work of Art” may include enhancements that are an integral part of architecture and landscape including the enhancement of infrastructure elements, such as sound-walls, utility structures, roadway elements and other items if designed by an artist or design team that includes an artist co-designer.
  • “Work of Art” may include temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach.
  • “Work of Art” is a visual work created by a professional visual artist or craftsman and may be created in collaboration with the project architect, landscape architect or engineer.
  • “Work of Art” does not include the ephemeral arts such as dance, voice, music or poetry unless expressed in a manner defined above.
  • “Work of Art” does not include signs, logos, mascots or other commercial displays.
  • “Prospectus” is the term used to describe the request for proposal or the request for qualifications that explains what is wanted in a particular Work of Art.  A prospectus usually includes such elements as the site, the desired medium for the artwork, theme, and other qualities which may help artists in responding to a public art project.
  • “City Facility” refers to publicly-accessible facilities owned and operated by the City of Norfolk; this may include buildings, parks, or public spaces which are physically or visually accessible to the general public.
  • “Publicly Owned” property refers to facilities or grounds which are not the property of the City of Norfolk but on which City of Norfolk public art projects may be sited; these include facilities of other public entities such as the State of Virginia, federal property or private facilities or properties once necessary public right of way has been obtained.
  • “User Department” refers to any City funded department, division or program with capital projects.

Goals

The goals of the Public Arts Program are to:

  • Encourage participation by citizens in the process of acquiring and commissioning Works of Art;
  • Foster quality design and the creation of an array of artwork in all media, materials, styles and disciplines that best respond to the distinctive characteristics of each project site and the community that it serves;
  • Reflect the diversity of culture, heritage and expressions of Norfolk and Virginia;
  • Build a diverse collection of public artworks by selecting a variety of artists to complete public art projects;
  • Encourage the selection of artists at the beginning stages of each project who can work successfully as members of the project design team, and to encourage collaboration among all arts and building disciplines;
  • Encourage art projects for open spaces, parks, infrastructure and facilities that enhance the quality, pride, and civic identity of neighborhoods in the City;
  • Encourage the role of artwork in enhancing economic development and cultural tourism;
  • Encourage the role of artists in the functional design of eligible capital improvement projects;
  • Foster and encourage the development of future public artists;
  • Document, preserve, restore and/or repair all public artwork acquired through this process or formally adopted by the Commission.

Norfolk Public Arts Commission

The Norfolk Public Arts Commission will provide guidance and oversight for public art projects in the City and will develop the program policies, procedures and regulations necessary to carry out the program.  At least one member of the Commission will serve on each project planning committee in order to serve as a liaison between the community, the Public Arts Commission and the City.  The Commission will review and make recommendations concerning all aspects of public art, including policy, projects, acquisition, siting, maintenance, adoption, deaccessining, education and outreach.

As established by ordinance, the Commission shall consist of eleven members all of who are citizens of the city, appointed by the City Council.  The membership of the commission shall consist of one representative from the Commission on the Arts and Humanities, City Planning Commission, Design Review Committee, visual arts, landscape architecture, building architecture, education and two representatives from the business community and citizens at-large.  Terms of members, after the initial appointments are for terms of three years and may be reappointed for up to three additional full terms, except that members initially appointed for less than a full term can be reappointed for four full terms.  The Commission shall elect a chair and vice chair from its membership who will serve one year terms for up to two terms.

Administration

The City of Norfolk Public Arts Program is administered by staff of the City’s Department of Cultural Facilities, Arts and Entertainment, Bureau of Cultural Affairs.  Staff is responsible for carrying out the policies and procedures to administer the program.

Program Funding 

The funds most associated with the Norfolk Public Arts Program are those referred to as the One Percent for Art funds.  This refers to one percent of the cost for construction projects approved in the annual capital improvement budget for over $500,000.  These funds will be deposited in the Public Art account and will be expended by the Bureau for art projects.  Any unexpended funds shall be carried over automatically.  A portion of funds may also be expended for the administration costs, education, outreach, repairs, maintenance or conservation costs of the program.

Participating funds for public art projects may be identified or solicited from other public sector agencies, foundations and granting bodies, businesses, organizations or individuals and deposited and expended through the Public Art Account.

 

Procedures for Selection and Acquisition of Artwork

Project Initiation The general intention of the one percent funds is to  acquire and install artworks at the project site as specified in the capital improvement budget.  However, the Commission may recommend that funds be pooled for other projects.  Public Arts Program staff will review with City Departments planned capital improvement projects to determine eligibility for public art programs.  The following criteria will be used to identify suitable public art projects:

  • Available public art opportunities;
  • Size and scope of project;
  • Community impact;
  • Timing; and
  • Goals of the Public Art Commission.

A public art plan of projects will be developed annually by staff and presented to the Public Arts Commission and City Council to help give focus to the annual work plan.

Project Planning Committee For each public art project, a Project Planning Committee will be established.  Members will include the Arts Commission liaison(s), user department representative(s), the project architect and/or landscape architect, a representative from the site design team, an artist, and a minimum of two community representatives.  Community representatives will be selected from civic leagues and city task forces as per consultation with the City Council.

Prospectus Development and Distribution The Project Planning Committee will develop project criteria such as site, media, theme, scale, artist residency requirements and other appropriate parameters.  The prospectus will be forwarded to the Public Arts Commission for review and approval, amendment or rejection.  Advertisement will be published according to city policies and procedures to include newspapers, arts publications, and other media. Invitations may also be extended to artists who are appropriate for the project.

Selection of Artist, Curator, Organization and/or Artworks Methods used for artist selection may include open competition, invitational competition, or by direct selection as recommended by the Commission to the City Manager.  The Project Planning Committee will recommend the finalists and/or artist based on evaluation of materials submitted by the artist as specified in the prospectus; slides, digital images, resumes, narrative or visual proposals, interviews, or maquettes.  The Public Arts Commission will recommend the selected artist to the City Manager.  A contract for the required services of the artist will be developed by the City.

Process for Creating the Artwork 

The initial design for the artwork will be reviewed and approved by the Arts Commission and then recommended to the City Manager.  The artist may be asked to make revisions.  If the artwork is not approved and the artist is unwilling or incapable of making appropriate revisions, another artist may be selected.  An artist may create the work of art independently or with subcontractors.  The Program may acquire a work of art by an artist who is deceased.

Overview of Process for Developing Public Art Project 

  1. Project Planning Committee is formed to develop project criteria and prospectus
  2. Commission approves final prospectus
  3. Project announced, artist’s proposals accepted
  4. Project Planning Committee recommends artist
  5. Commission approves artist and recommends to City Manager
  6. Artist develops concept and design for project
  7. Commission approves design and recommends to City Manager
  8. Optional community meeting to review design
  9. Artist fabricates and installs artwork
  10. Community dedication and celebration

Donations of Funds and/or Adoption of Works of Art

The Program and the Commission may seek private or public donations of funds or Works of Art or other services including in-kind services or items necessary for the development of the project.  The Public Arts Commission shall be responsible for reviewing all proposed gifts in accordance with its adopted Gift/Donation Policy and making recommendation to the City Council.

Procedures for Accepting Funds or Adopting Works of Art The donor shall contact and discuss the gift with the Bureau of Cultural Affairs and submit detailed written description of the artwork, including sketches and/or models or photographs if the artwork exists, all information pertaining to the artist, and a warranty of originality of the artwork.  Materials will be reviewed and additional materials developed that may be necessary to accepting the donation such as possible sites, installation costs, maintenance or Historic Review reports.  The Commission shall be allowed enough time to review and request further information pertaining to the artwork and /or site before final acceptance or refusal of any gift.

The review process will consider the following criteria:

  • Quality of work; high artistic standards are maintained for artworks displayed in the City.  Artworks should be compatible with the character of the community and should support a vision for the City’s public art collection.
  • Financial consideration; source of funding for installation, maintaining and conserving donated artwork are sufficient. In most instances, a maintenance agreement will be formed whereby the donor agrees to financially support the donated artwork.
  • Liability; issues will be reviewed based on the susceptibility of the artwork to damage and vandalism, potential danger to the public and special insurance requirements.
  • Appropriateness to the site, scale, and historical and ecological impact; environmental considerations shall be reviewed based on the physical appropriateness of the artwork to the site and the scale of the artwork.
  • User Department approval.

Conditions of acceptance may be negotiated.  All funds or works of art will be presented to the City Council for formal adoption and receipt.

Memorials and Monuments  A ‘memorial and/or monument’ is an object or the enhancement, modification or highlighting of an existing city property, tree or landscape feature, designed and established specifically in memory of an individual, association, anniversary or event.  For existing memorials, the Commission and public art staff can offer resources for maintenance review and assessment, and advice on reviewing and interpreting available records of construction, siting and local, state and federal artists’ rights and act as advisor.

The creation and/or donation of Memorials and Monuments is not the purview of the Public Arts Commission.  The Commission should serve as advisors regarding the process of new memorial design, creation, site placement and maintenance to ensure artistic excellence and aesthetic integrity and to preserve the cultural context of public displays in the City.  The Commission may choose as part of the yearly work plan to create a monument or memorial through this process with the 1% capital funds.

Maintenance and Conservation 

The City shall be responsible for the maintenance of all City initiated projects created through this policy and those adopted into the collection by the Public Arts Commission.  All permanent public art projects must have a plan to properly maintain the work.  Within the terms of the Artist’s contract, the Artist shall guarantee and repair artworks against all defects of material or workmanship for a period of one year following installation.  The Artist shall provide the Public Arts Program with drawings of the installation and detailed instructions regarding routine maintenance of the artwork.  The Artist shall have the opportunity to comment on and participate in, all repairs and restoration which are made during their lifetime.  The condition of artwork will be assessed on an ongoing basis.  The Public Arts Program will develop conservation procedures, including budget and timeline estimates.  Funds for the maintenance of the artwork will be allocated as a portion of the public art program’s operating budget.

Deaccession of Artwork 

The City will seek to ensure the integrity of the artist, their artwork, the site, and the public for which it was created, in accordance with the artist’s intention.  However, the City will reserve the right to relocate a piece of art if public necessity warrants such relocation.  Works of Art that are considered for removal from the City Art Collection will undergo the same degree of careful review as a decision to commission a work of art.  Recommendations to the Commission to deaccession artwork will take into consideration but not be restricted to:

  • Concerns that the condition or security of the artwork cannot be reasonably guaranteed;
  • Excessive maintenance or defaults in design or workmanship that cause repair or remedy is impractical or unfeasible;
  • Endangerment of the public safety;
  • Significant changes in the use, character, or design of the site which affect the integrity of the work; or
  • Replacement of artwork for something more appropriate by the same artist(s).

Procedures for Deaccession of Artwork

The Public Arts Commission shall review the circumstances surrounding the proposed deaccessioned artwork.  No artworks shall be removed within ten years of acquisition unless there are extenuating circumstances.  In the event that the Public Arts Commission chooses to replace, remove, or sell an artwork, living artists shall have the right of first buy-back, as specified in their contract.  A recommendation to deaccession or relocate a work of art will require a written report with the reasons, condition report, and current appraised value.