[HISTORY: Adopted by the City Council of the City of Newburgh as indicated in article histories. Amendments noted where applicable.]
City Council — See Ch. 20.
[Adopted 12-12-2005 by Ord. No. 10-2005]
There is hereby created an Arts and Cultural Commission for the City of Newburgh. Said Commission shall have the following mission, goals and objectives:
Mission statement: to advise and make recommendations to the City government and its agencies on issues related to the development of art and culture and to insure public funding for the arts and arts education; to promote arts and culture as an integral part of community life; to foster a creative environment reflective of the multicultural nature of the City of Newburgh and to guarantee equal access to the arts; to enhance access to, appreciation of and participation in the arts for all persons, including youth in particular; to provide more educational opportunities for all persons to learn about the arts, and to increase the role played by the arts in education in all its forms.
To develop an environment that enables the arts and cultural groups to flourish, with adequate work, performance, exhibition space and economic opportunities to artists of all disciplines; to encourage artists to become more involved in community and public-based institutions and projects.
To include the Arts Commission in all facets of the community, including the planning, design and development of cultural districts, economic development and planning, arts education and the creation of art programs, and the development and administration of public art commissions for social, civic and public projects.
To vigorously, and on a continuing basis, market the arts for the City of Newburgh; to increase public awareness of the availability, excellence, diversity, accessibility and affordability of the arts in the City of Newburgh.
To use new technologies to develop methods for the delivery of the arts more efficiently. This would include but not be limited to the presence of a City of Newburgh arts website linked directly to the official City of Newburgh arts and cultural website, including a database of artists, venues and events.
To document information, data and studies demonstrating the capacity of the arts to attract business, create jobs, increase tourism, and in general enrich the quality of life in our community.
To create expanded educational opportunities to all persons, and to young persons in particular, to offer learning about the arts, and to expand the use of the arts and artists in providing education to all persons.
To inspire youth to become aware of and involved with the arts and the role of art in their lives and in the life of the City of Newburgh; and to provide youth with opportunities to learn about and participate in the arts and arts-related projects, thereby enriching their own experience and enhancing their ability to contribute to the enrichment of their community.
Develop a marketing campaign that encourages greater participation in Newburgh's arts and cultural activities in the City of Newburgh by collectively and continually marketing Newburgh's artists, arts organizations, galleries and art venues.
Develop a brand and vehicle for presenting the arts as an attractive and desirable activity and demonstrating Newburgh's arts community as unique.
Work with the City to establish a position in the City government to assist the Commission in advancing the mission, goals and objectives of the Arts and Cultural Commission.
Educate the community about the importance of arts and culture and link it directly to the quality of life in Newburgh socially, economically and aesthetically.
Develop and recommend funding mechanisms, such as, for example, a percent-for-art program, which would provide within the jurisdiction of the City of Newburgh for the creation and installation of works of public art.
Using a prominent City-owned building, establish the Newburgh Center for the Arts, a facility that would offer classes, workshops, lectures, exhibits and performances.
Connect the arts and culture to the success of economic development.
Connect the arts and culture to the existing educational opportunities available.
Strengthen and expand dialogues among artists and art organizations; develop and forge collaboration among artists, arts groups, businesses, and the corporate and philanthropic community.
Support and strengthen participatory arts and cultural programs for people of all ages.
The Commission shall be composed of volunteers who by their background, qualifications and life's activities shall have demonstrated a sincere commitment to arts and culture and to the City of Newburgh. The Commission shall consist of no more than 15 and no fewer than nine members. The City Council shall make appointments to the Commission. At all times a majority equivalent to 2/3 of the members shall be residents of the City of Newburgh. Commission members who are not City of Newburgh residents shall have a demonstrated investment in the City of Newburgh.
Members shall serve terms of three years, dating from the date of their appointment, with the exception that the first group of Commissioners shall be divided into three groups with terms of one, two, and three years respectively. Vacancies occurring other than by expiration of a term shall be filled by the City Council for the balance of the unexpired term. A member whose term has expired may hold over until replaced by the City Council.
All members shall serve without compensation and shall not be deemed to be officers, officials or employees of the City of Newburgh.
The Commission shall elect a Chairperson from among its members, and may elect such other officers of the Commission as the Commission may deem necessary and appropriate to its function and purpose. The Commission may adopt its own bylaws, rules and procedures to organize and assist in its function.
In addition to the foregoing, the City Council may appoint up to five additional advisory members to the Commission. Such advisory members shall not have voting rights for the conduct of the business of the Commission. They shall be selected on the basis of their experience and background and may, but need not be, residents of the City of Newburgh.
The Commission shall make such recommendations to the City Council and the City Manager as to the policies and programs as shall be in harmony with the mission, goals and objectives of the Commission and as the Commission and the City Council shall agree are in the best interests of the City of Newburgh, and shall promote arts and culture in the City of Newburgh and generally, according to the mission and goals of the Commission.
The Commission shall hold regular meetings which shall be open to the public. The Commission shall give the City Manager advance notice of its meetings sufficient to allow notice of such meetings to be publicized. Such meetings may be held on City property at such places as the City Manager may designate or allow.
The City Manager may also provide secretarial staff and other support to the Commission as the City Manger may deem appropriate and necessary.
The Commission shall present verbal and written reports to the City Council and City Manager from time to time as the Commission may deem appropriate and necessary, and as the City Manager may request. A written report on the Commission's functions, operations, projects and status shall be provided to the City Manager on or before May 1 of each calendar year, covering the immediately preceding twelve-month period.
[Adopted 11-26-2007 by Ord. No. 14-2007]
As used in this article, the following terms shall have the meanings indicated:
- CAPITAL COST OF THE PROJECT
- Includes architectural and engineering fees, site work and contingency allowances for a project, but shall exclude land or building acquisitions, taxes, legal fees, insurance costs, costs of compliance with regulatory requirements, and other costs unrelated to actual construction, and shall also exclude the cost of subsequent changes to the project unless such subsequent changes exceed 25% of the initial budgeted cost of the project, or if such changes are physically implemented less than five years after the date of final approval of the original site plan by the City Planning Board. If applicable law, or the conditions of funding, as the case may be, prohibits the use of particular funds for the arts, then such funds shall be excluded from the cost of the capital project.
- A. Shall include any project undertaken within the City of Newburgh, undertaken directly by the City, or on property partly or wholly owned by the City of Newburgh, or by a private developer on land, part or all of which was directly conveyed, leased or licensed by the City to such developer with no intervening conveyances or other extant third-party ownership rights or interests, which land is as an integral part of such project, and which is:
- (1) New construction of a building of no less than 10,000 square feet of usable space or of additional space added to a building of no less than 10,000 square feet of additional usable space; or
- (2) Any reconstruction or renovation of a building or part of a building equal to or exceeding $250,000 in capital cost.
- The City of Newburgh, unless otherwise stated.
- The Newburgh Arts and Cultural Commission, unless otherwise indicated.
- PUBLIC ART
- Any work of art integrated into the design of, or placed or performed in, on or about, the site of a capital project in a place generally accessible or visible to the general public.
- WORK OF ART
- Any application of skill and taste to the production of tangible objects according to aesthetic principles, including but not limited to paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, drawings and ceramics, but excluding purely structural or supportive elements or those required by applicable law, code, rule or regulation.
Capital projects, whether funded by capital funds or grant funds, shall include the appropriation and expenditure by the owner, developer, and/or sponsor or a person or entity acting on their behalf with reference to the subject capital project, of such funds equal to 1% of the capital cost of the project as defined herein, said funds to be paid to the Public Art Account as provided in § 14-8 below or otherwise credited as defined herein, except where unlawful in connection with a bond resolution or other law or contractual requirement; provided, however, that, where applicable, such amount shall be reduced to the extent that state or federal government funds or other grant award is not authorized to be used for such purpose. The funds to be appropriated for public art for a particular capital project as described above shall be referred to as the "capital project art appropriation."
The appropriation of 1% of the capital cost of the project as defined in this article shall apply to the first $100,000,000 of said capital cost only, and the appropriation required hereunder shall be limited to $1,000,000 only, for each project.
The Comptroller shall establish a non-general fund account to be designated the "Public Art Account," into which shall be deposited the capital project art appropriation for each capital project, as well as such other funds as the City Council may from time to time appropriate for expenditures related to public art, and any gifts or grants received by the City for purposes of public art as may be allowed by the terms of such grant, gift or award. Funds in the Public Art Account shall be appropriated and/or disbursed by the City Council upon the approval of same by the City Manager with the advice and recommendation of the Commission, in accordance with the public art annual plan, or such other plan or design as may be specifically approved in connection with the subject project, and as required by applicable law.
Prior to or at the same time as seeking municipal approvals for architectural and building plans for an intended capital project, the project manager for such capital project shall send a written notice to the City Manager, to the Corporation Counsel, to the Director(s) of Economic and Community Development and to the Arts Commission setting forth the following information:
The name and address of the owner of the property which is the site of the intended capital project.
The specific location and description of the project site.
A description of the intended capital project.
The cost of the capital project as defined in § 14-6, including an accurate summary or a copy of the budget of the capital project;
The calculation of the amount of the capital project art appropriation for the intended capital project.
Within 30 days after receipt of such notice, the City Manager, a representative of the Commission and the project manager for such capital project (or his designee) shall consult for the purpose of determining how public art shall be incorporated into the intended capital project. At the request of the Commission, the project manager shall include a consulting artist, mutually agreeable to the project manager, the City Manager and the Commission, in the architectural team for the intended capital project. The reasonable cost to the owner, sponsor or project manager of engaging such consulting artist may be deducted from the project art appropriation for the capital project.
Of the capital project art appropriation paid into the Public Art Account with respect to a particular capital project, 70% of such project art appropriation shall be expended for or on public art integrated into the design of, or placed or performed in, on or about, the site of such capital project. The 70% of such capital project art appropriation may be expended on any goods or services directly related to the creation and installation of public art and any appurtenances thereto (including, by way of example and not limitation, lighting, sound or exhibition systems, signage, conservation and security devices, and premiere or unveiling events and publicity), including, without limitation, artists' services, acquisition, creation, fabrication, installation, performance, insurance, maintenance, conservation, repair and professional services. Upon and with the advice of the Commission and with the approval of the City Council, the remaining 30% of the capital project art appropriation shall remain in the Public Art Account for use by the City at any time for purposes consistent with its public arts policy and laws. In appropriate cases, the City, with the advice of the Commission, may certify in writing that with respect to a particular capital project, public art is inappropriate or impracticable. Any such certification shall be made for good cause only and shall specify the basis upon which such determination has been made. In such cases, the City Council shall take such certification into account, and the City Council may then require that the entire capital project art appropriation for such capital project shall be paid into the Public Art Account as provided herein and may be used by the City at any time for purposes consistent with its policies and laws.
Within 30 days after approval of the City's annual budget by the City Council, the Comptroller shall submit to the Commission the authorized annual budget for capital projects, specifying the total appropriations dedicated to and available in the public art Account for the current fiscal year. The Commission shall, within 90 days after such submission by the Comptroller, develop a plan for public art for the current fiscal year designated the "public art annual plan," subject to the approval of the City Council. The annual plan shall reflect the policies established by the City Council, its laws and policies, and shall take into consideration the recommendations of the Commission.
All public art acquired by the City of Newburgh pursuant to this article, including the worldwide copyrights therein, unless otherwise provided by law or contract, shall be owned by and vested in the name of the City of Newburgh, and title therein shall be and remain vested in the City of Newburgh. Notwithstanding the foregoing, in appropriate cases the Commission may recommend in writing its recommendation to the City Council that with respect to a particular proposed work of public art, it would be in the interest of the City to permit the artist or a person or entity owning same to retain the worldwide copyrights therein. Any such recommendation shall be made for good cause only and shall specify the basis upon which such determination has been made. In such cases, the City Council may, in lieu of taking ownership and title thereof, request that it be granted a license under copyright from the artist and/or owner thereof for the duration of such copyright to reproduce and distribute the proposed work of public art for noncommercial purposes, including advertising and promotional purposes of the City of Newburgh and the Commission; or upon such other terms and conditions as may be required by law or as to which the parties may agree pertaining to the retention, display, use, advertisement of, or reproduction of images or likenesses or descriptions of such art.
Specifications, procedures, standard forms and guidelines for the implementation of this article may hereafter be developed and adopted by the City, taking into consideration the advice and recommendations of the Commission and subject to the approval of the City Council and/or City Manager, as the case may be, as required by applicable law.
It shall be a requirement of this article that any site plan approvals granted by the City Planning Board and that the issuance of a building permit by the City official and agency with jurisdiction thereover be conditioned on the prior approval of the Commission of the aesthetic and artistic components of the final certified architectural plans for any project subject to the provisions of this article, unless otherwise provided herein.