[HISTORY: Adopted by the City Council of the City of Newburgh
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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:
A.
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.
B.
Goals:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
C.
Objectives:
(1)
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.
(2)
Develop a brand and vehicle for presenting the arts as an attractive
and desirable activity and demonstrating Newburgh's arts community
as unique.
(3)
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.
(4)
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.
(5)
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.
(6)
Using a prominent City-owned building, establish the Newburgh Center
for the Arts, a facility that would offer classes, workshops, lectures,
exhibits and performances.
(7)
Connect the arts and culture to the success of economic development.
(8)
Connect the arts and culture to the existing educational opportunities
available.
(9)
Strengthen and expand dialogues among artists and art organizations;
develop and forge collaboration among artists, arts groups, businesses,
and the corporate and philanthropic community.
(10)
Support and strengthen participatory arts and cultural programs for
people of all ages.
A.
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.
B.
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.
C.
All members shall serve without compensation and shall not be deemed
to be officers, officials or employees of the City of Newburgh.
D.
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.
E.
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.
A.
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.
B.
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:
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.
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:
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
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.
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.
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.
A.
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."
B.
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.
A.
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:
(1)
The name and address of the owner of the property which is the site
of the intended capital project.
(2)
The specific location and description of the project site.
(3)
A description of the intended capital project.
(4)
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;
(5)
The calculation of the amount of the capital project art appropriation
for the intended capital project.
B.
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.
A.
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.
B.
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.
