[HISTORY: Adopted by the County Council of Allegheny County 9-6-2005 by Ord. No. 39-05. Amendments noted where applicable.]
ADMINISTRATIVE CODE REFERENCES
For additional information regarding County grounds, properties and buildings, see Administrative Code Art. 701.
It shall be the policy of Allegheny County to provide a specific allocation for public art when the County, or its defined authorities, provides appropriations for capital improvement projects, including eligible bond projects, eligible grant-funded projects, and other eligible capital projects funded from other sources. Such allocation shall be used to promote the cultural heritage and artistic development of the County by enhancing its character and identity, contribute to economic development and tourism, and increase the opportunities for its citizens to participate in the arts.
It shall be the policy of Allegheny County to encourage allocation for public art by private developers within the County. Such action by private developers will impact upon the cultural heritage and artistic development of the County by enhancing its character and identity, contributing to economic development and tourism, and increasing the opportunities for the County's citizens to participate in the arts.
The following words and phrases, when used in this chapter, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
- ALLEGHENY COUNTY ARTS BOARD
- The agency created pursuant to this chapter and vested with the responsibilities set forth in § 207-5.
- See "public art."
- An individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, exhibition record, publications, and production of artwork.
- ARTS BOARD
- See "Allegheny County Arts Board."
- ARTS ORGANIZATIONS
- Those associations generally recognized by artists and art patrons as an administrative and functional structure of persons having a common interest in art.
- ARTS PATRONS
- Those individuals that are generally recognized as being socially or financially supportive of art and/or artists.
- A roofed and walled structure built for a permanent use.
- One skilled in the theory, practice, and administration of teaching.
- A piece of ground in or near a municipality kept for ornamental and recreational purposes or maintained in its natural state as a public property.
- The construction or improvement of any building, park, or public facility, other than routine or periodic maintenance.
- PUBLIC ART
- Works in a variety of media produced by professional visual artists that may be permanent, temporary, or functional in nature. Public art encompasses the broadest possible range of expression, media, and materials and is displayed or provided in a public facility. The term shall also include any historical restoration of existing buildings, parks, or public facilities, with the exception of work to the facade.
- PUBLIC FACILITY
- The part of any building owned or operated by Allegheny County to which the public has access during normal operating hours. The term shall also include open spaces which are an integral part of the building, such as atriums or courtyards.
- SPECIAL ACCOUNT
- A restricted account with the Grants & Special Accounts Budget of the County that has an undefined entitlement period and revenues that are based on a particular funding source.
- WORKS OF ART
- See "public art."
Any project that is paid for wholly, or in part, by the County, or the issuance of bonds by the County, for the construction or improvement of any building, park, or public facility, other than routine or periodic maintenance, shall set aside at least 2% of the County's authorized allocation, but in no event shall more than $100,000 be required to be set aside, for the inclusion of public art when the County's contribution to said project exceeds $50,000, to the extent that such set-aside would not violate local, state or federal law.
Any project that is directly paid for wholly, or in part, by the Redevelopment Authority of Allegheny County, the Allegheny County Industrial Development Authority, the Allegheny County Residential Finance Authority, the Allegheny County Hospital Development Authority, and the Allegheny County Higher Education Building Authority, or the issuance of bonds by such authority, for the construction or improvement of any building, park, or public facility, other than routine or periodic maintenance, shall set aside at least 2% of the County's authorized allocation, but in no event shall more than $100,000 be required to be set aside, for the inclusion of public art when the Authority's contribution to said project exceeds $50,000, to the extent that such set-aside would not violate local, state or federal law. For avoidance of debt, this Subsection B does not apply to funds which are the subject of a loan, or any similar transaction, by any such authority to a third party.
No set-aside shall be required to be made until such time as the contract or agreement for completion of a specific project that meets the qualifications of this chapter is executed.
County Council may, by resolution, by majority vote, exempt any project from the scope of this chapter prior to the execution or authorization of any project agreement.
There shall be no general requirement that funds appropriated pursuant to this chapter be used for the specific projects that generated the funds, although such use shall be preferred, promoted, and encouraged.
In each contract or agreement for the construction or improvement of any building, park, or public facility, the department in charge of the project shall meet with the architect or engineer employed for the project to determine whether works of art, as defined within this chapter, are desirable and in the public interest. If so, the department shall include the works of art in the plans for the project.
In the event that a determination is made that works of art are not desirable or not in the public interest for a specific project, an amount equal to the two-percent set-aside, in the amount set forth in § 207-3A and B, shall be placed into a special account to be utilized for public art or maintenance of public art in furtherance of the purposes of this chapter.
The expenditure of funds in the special account shall be authorized through the Grants & Special Accounts Budget or amendment thereto on a per-project basis.
All funds in the special account shall be allocated within three years from the date that the funds are deposited and shall be subject to annual or biannual audit by the Controller's Office.
At the request of the Board, the time frame by which funds shall be expended may be extended with the approval of the Chief Executive and Council.
Funds expended from the special account shall be used in accordance with the legal parameters established by the individual funding sources from which the set-asides were made.
There is hereby created as an agency of the County to become effective the first business day of January 1, 2006, a new Allegheny County Arts Board, hereinafter referred to as the "Arts Board." The purpose of the Arts Board shall be to:
Recommend to the Chief Executive and County Council the use of funding within the designated special account for public art in furtherance of the purposes of this chapter;
Advise on the acquisition and placement of works of art on property of the County of Allegheny, including the promotion of public performances and the public exhibition of the arts on County property, to the appropriate members of the Administration; and
Designate items as public art and approve the location of such public art.
The Arts Board shall consist of nine members. In making appointments to the Arts Board, the racial, geographic, age, and gender diversity of the County shall be considered. All members shall be residents of Allegheny County for at least the immediate year preceding appointment and shall remain a resident for the duration of their terms.
The members of the Arts Board shall be: two members who are artists who are eminent in their respective professions; one member who represents an arts organization; two members who are architects or landscape architects; one member who is an arts patron; one member who is an educator; one member who represents the business community; and one member who represents the general public. The Director of Public Works and the Director of Economic Development, or their designees, shall serve as ex-officio members of the Arts Board.
The appointed members of the Arts Board shall not be employed by the County, an elected official of a municipality or school district, a member of any other County agency or authority, and may not hold employment or engage in business with the County outside of their positions on the Arts Board.
Five members of the Arts Board shall be appointed by the County Council. Four members shall be appointed by the Chief Executive, with the consent of at least a majority of the seated members of County Council. All terms shall be for three years, but no appointed member shall serve beyond the expiration of his or her term. Initial appointments to the Arts Board shall be made at least 30 days prior to the organization of the Arts Board.
If a vacancy occurs on the Arts Board, the vacancy shall be filled in the same manner in which the appointment was made, except that the new member shall serve a full three-year term.
The Arts Board members shall be sworn in and organize on or before January 17, 2006. At such organization, one member shall be selected as the Chair and one as Vice-Chair. The Board shall reorganize within 30 days following the expiration of the terms of the majority of the members.
All appointed members shall serve without compensation, except that they shall be reimbursed for actual and necessary travel expenses incurred, provided that the expenditure is incurred for attendance at a regularly scheduled Board meeting in accordance with the County's travel policy.
A majority of the seated members of the Arts Board shall constitute a quorum for the transaction of any business or the decision of any matters within their jurisdiction.
The Arts Board may adopt its own rules and regulations, not inconsistent with any law or ordinance, and shall make such rules and regulations available pursuant to the provisions of the Open Records Law, 65 P.S. § 66.2 et seq. All meetings and hearings shall be made open to the public, subject to the provisions of the Sunshine Act, 65 P.S. § 271 et seq.
The Chair of the Arts Board shall ensure that appropriate measures are taken to keep minutes of the Board's proceedings and records of other official actions. Such records shall be kept and preserved in accordance with applicable law.
The Administration shall make all determinations regarding furnishing the Arts Board with necessary clerical assistance, supplies, and other appropriate and reasonable administrative support, except that it shall be required to designate at least one person to staff the Arts Board on, at least, a part-time basis. The Administration shall also make all determinations regarding reimbursable travel expenses within the parameters referenced within Subsection B.
Within 30 days of the enactment of this chapter, the Chief Executive and County Council shall designate staff to draft program guidelines for the Public Art Program. The guidelines shall be provided to the Executive Committee to review and subsequent introduction to the full Council, in resolution form, for approval. The guidelines shall be approved at least 30 days prior to the organization of the Arts Board and shall be adopted by reference by the Arts Board at its first meeting.
The funds within the Public Art Special Account, upon the recommendation from the Arts Board, shall be used for purposes within the following parameters:
For artist design services;
For the selection, acquisition, purchase, commissioning, placement, installation, exhibition, maintenance, conservation, and display of works of art;
For related education programs;
For the development of design concepts and models; or
For project support and community participation of public art-related activities on publicly-owned property.
County Council may provide for the specific appropriation of the funds contained in the Public Art Special Account by resolution.