[Adopted 12-19-2018 by Ord. No. 18-006[1]]
[1]
Editor's Note: This ordinance also repealed former Article
III, Community Art and Civic Design Commission, adopted 11-18-2009
by Ord. No. 2831, as amended.
The following terms shall have the meanings assigned them below
for purposes of this article. The present tense shall be taken to
include the future tense; the word "shall" shall be taken as mandatory;
words in the singular shall be taken to include the plural, and vice
versa.
The Advisory Board serves in an advisory capacity to Council,
recommending artwork to be placed on public and private property and
shall coordinate its activities with Council, the Borough, and other
such local governmental bodies.
A public or private entity, or individual responsible for
a proposed project on public or private property requesting advice,
comment or feedback from the Advisory Board.
A visual artist shall be considered any of the following:
one who works in, is skilled in, or conceptually creates in any area
of the fine arts, such as painting, drawing, sculpture, etc., but
also including one whose skill and primary focus are cross-disciplinary;
a practitioner in the arts; a "professional artist," i.e., any person
who by virtue of professional training, exhibition history, and/or
critical review is recognized as skilled in creating artwork and recognized
by critics and peers as a professional possessing serious intent and
ability; a person who has a reputation of artistic excellence, as
judged by peers, through a record of exhibitions, public advisory
boards, sale of works, educational attainment, or other mean; a person
who is a working professional making the majority of their income
from creating artworks.
For the purpose of this policy, any permanent or temporary
objects, including gifts and loaned pieces, such as a sculpture, murals,
memorials, monuments, mosaics, reliefs, or drawings and functional
objects, including seating, lighting, planters, or fences; a physical
or virtual space such as landscape, structures, infrastructure installations,
or websites; and works in media with an undefined or malleable presence
such as sound, light, and video projections, or other artwork which
are designed by an artist, regardless of the entity that fabricated
the work. The definition or consideration of artwork does not include
similar types of objects that are designed by members of allied fields
such as architecture, engineering, landscape architecture, or graphic
design.
The Borough of Wilkinsburg.
The Council of the Borough of Wilkinsburg.
The procedure for the withdrawal of an artwork from the Borough's
collection.
An artwork that is paid for or owned by an entity other than
the Borough and given on a permanent basis to the Borough.
Technical structures that support a society and represent
the physical components of interrelated systems providing commodities
and services essential to enable, sustain, or enhance societal living
conditions, including, but not limited to, street furnishings, streetlights,
banners, signs, benches, bollards, bus shelters and trash containers.
For the purpose of this article, infrastructure shall not include
street design impacting traffic flow or any stormwater- or sewage-related
projects.
Any space, either public or private, including from the building
facade to the street.
An artwork that is paid for or owned by an entity other than
the Borough and given on a temporary basis to the Borough.
A permanent or temporary work of art, item, functional object,
or designated space established to preserve the memory of a significant
person, entity, or event that occurred or existed in the past.
A permanent or temporary object such as a plaque, functional
object, building, or designated space established to commemorate a
significant person, event, entity, or abstract concept or quality
(e.g., peace, brotherhood, or equal rights).
Property owned by a private citizen or other private entity.
Any project that will be reviewed by the Advisory Board.
Any public right-of-way, park, easement, or other area under
control of the Borough of Wilkinsburg.
The use of local print publications, social media, Borough
website, email, United States mail, on-site postings and other methods
available to the Borough to inform residents of projects.
Any area owned and under control of the Borough including
but not limited to public rights-of-way, parks and easements.
Any new, remodeled or renovated building. This definition
also incorporates railings, water features, walls, fences and trellises.
Written notification sent to property owners by first-class
mail and postmarked at least seven days before any action is to be
taken or at least 15 days in the case of a notification of a public
hearing.
A.
Membership and terms.
(1)
Appointment and vacancies.
(a)
The Advisory Board shall consist of 11 members, three who are
recommended by the community organizations listed below who are approved
and appointed by Council. Members shall be eminent in their respective
professions and known advocates for the arts and design. Should one
of these community organizations cease to exist, it is the responsibility
of Council to appoint an active legal entity with a similar purpose.
The composition of the Advisory Board should represent the diversity
of the Borough's residents and include the following members:
[1]
One architect.
[2]
One landscape architect.
[3]
Two professional visual artists.
[4]
One representative recommended by the Wilkinsburg Community
Development Corporation from its board or membership.
[5]
One representative recommended by the Chamber of Commerce from
its board or membership.
[6]
One representative recommended by the Wilkinsburg Historical
Society from its board or membership.
[7]
One curator, arts administrator, or urban planner.
[8]
Three residents of the Borough, one representing each ward,
who have an affiliation or interest in arts or design.
[9]
The Director of Code Enforcement, or an appointee in their absence,
who serves in an ex officio capacity.
[10]
The Borough Manager, or an appointee in their absence, who serves
in an ex officio capacity.
(b)
In the event a vacancy occurs and is unable to be filled with
a person meeting the requirements set forth above, then Council may
appoint a Borough resident for the balance of the vacated term.
(2)
Qualifications. All members of the Advisory Board should meet the
following qualifications:
(a)
All Advisory Board members shall be either residents of the
Borough or have their primary place of business in the Borough. There
shall be at least eight members of the Advisory Board who are Borough
residents. In the event that, in any of the professions required for
the composition of the Advisory Board, there is not a current Borough
resident available, then Council may appoint a former Borough resident
meeting the professional requirements to such position. Council may
appoint a member who is not a resident, business owner, or former
resident if a search has found no qualified members in any of the
professions required for the composition of the Advisory Board.
(b)
Have demonstrated a genuine interest in, and concern for, the
aesthetic development of the Borough.
(c)
Bring to their work as Advisory Board members a respect for
public process and an understanding of the impact that artwork and
other projects created with design excellence can have on the development
and reputation of the Borough.
(3)
Compensation. All Advisory Board members shall serve without pay
but may be reimbursed for expenses previously authorized by Council
from the funds budgeted annually for such purposes.
(4)
Terms.
(a)
In order to assure a continuity of membership, the terms of
the Advisory Board shall be staggered as follows:
[1]
Four Advisory Board members shall be appointed to serve an initial
term of three years, those being the architect, one visual artist,
one resident, and the representative from the WCDC.
[2]
Four members shall be appointed to serve an initial term of
two years, those being the landscape architect, the curator or arts
administrator or urban planner, one resident, and the representative
from the Chamber of Commerce.
[3]
Three members shall serve an initial term of one year, those
being one visual artist, one resident, and the representative from
the Historical Society.
(b)
After the initial terms served upon the establishment of the
Advisory Board, all subsequent appointments will be for three years.
Members may serve two consecutive terms. Vacancies will be filled
for the unexpired term by Council.
(5)
Quorum. A quorum shall consist of six members of the Advisory Board.
At times when all seats on the Advisory Board are not appointed, a
quorum shall consist of a majority of currently appointed members
in attendance as long as that majority consists of at least three
members. Members participating electronically shall not be counted
toward a quorum.
B.
Organization, records, and meetings.
(1)
The Advisory Board shall elect a Chairperson, Vice Chairperson, and
Secretary and other officers as they deem necessary. The Advisory
Board shall meet with whatever frequency they consider necessary to
accomplish the work at hand, but not less frequently than four times
a year.
(2)
The Advisory Board may seek the advice from consultants or experts
to help them accomplish the work at hand. In addition, the Advisory
Board may create a volunteer group or committee of residents to assist
Advisory Board members in their work. Such volunteers, however, shall
not have voting rights on the Advisory Board.
(3)
Minutes shall be kept of all meetings and made available to the Council
and public for their reference. The Advisory Board shall submit annually
a full report of its activities and a summary of approved expenses
for the last fiscal year of the Borough.
(4)
The meetings of the Advisory Board shall be open to the public and
interested residents of the Borough shall be encouraged to attend.
The schedule of Advisory Board meetings will be advertised by the
Borough.
(5)
Public notification.
(a)
The Advisory Board shall work with Borough staff to ensure that
the community is aware of its meeting schedule and projects that are
to be reviewed by the Advisory Board. The Advisory Board shall notify
the public of pending applications by public notification.
(b)
Property owners which abut the project site, which includes
those across a street or alley of those properties which abut the
project site, shall be sent a written notice by Borough staff that
includes a summary of the proposed project, the dates when the proposed
project will be reviewed by the Advisory Board, and the Advisory Board
meeting location. The public notification shall be posted on all structures
within a one-block radius of the proposed project site. The public
notification shall be posted at the proposed project location which
will include a short summary of the proposed project, the dates when
the Advisory Board will review the proposed project, and the meeting
location. The written notice and public notification will also include
information about how residents can give in-person or written testimony
to the Advisory Board regarding a proposed project. Posting shall
also take place on the Borough's website and social media outlets.
(c)
For infrastructure projects, the public notification shall be
published in a newspaper circulated in Wilkinsburg no less than 14
days from the date on which the project will be considered by the
Advisory Board. In addition, the public notification shall be placed
on the Borough's official website. In the event a newspaper is
no longer circulated in Wilkinsburg, Council may decide on additional
means for public notification.
A.
Design review.
(1)
The Advisory Board is advisory by nature. The Advisory Board shall
review, make recommendations on proposed design for new and renovated
structures, infrastructure, landscapes, works of art, memorials, and
monuments on public and private property as requested by applicants
or the Borough.
(2)
The Advisory Board may submit to Council any rejected designs and
will offer public discussion within a regularly scheduled public meeting
to hear reason(s) for the proposed rejection prior to Council proceeding
with a vote on a rejected designed project. No design rejected by
the Advisory Board can proceed without a majority vote of Council.
B.
Developing guidelines, bylaws and operating methods. The Advisory
Board shall develop guidelines, bylaws, and operating methods to carry
out the work at hand, including methods of review for projects under
the Advisory Board's purview. These shall be sent to Council
for its information and made available to the public for their review.
C.
Solicit and offer testimony and opinions.
(1)
The Advisory Board shall solicit feedback from the residents and
business owners of the Borough regarding issues of the design and
aesthetics of public and private property under its purview. This
feedback shall be considered by the Advisory Board during its deliberations
and reviews about potential projects and planning initiatives.
(2)
The Advisory Board may be consulted for opinions and feedback regarding
design and aesthetic issues by local agencies, government offices,
and community and residents' groups, for projects or planning
initiatives not under its purview that will have an impact on the
Borough.
(3)
The Borough may work with the Advisory Board whenever new private
developments are under consideration to ensure that appropriate design
standards are included in the final plans.
(4)
The Advisory Board may seek advice, assistance, and information from
advisors with expertise in areas relevant to projects that appear
before the Advisory Board.
D.
Research and planning. In addition to serving the Borough as a review
entity, the Advisory Board may engage in research and planning efforts
for art and design issues in the Borough. Examples of planning efforts
include, but are not limited to, an inventory of structures, landscapes,
artwork, monuments, and memorials in the Borough; a public art plan;
design guidelines and standards; streetscape plans; and the development
of art and design resources.
E.
Education. The Advisory Board may organize educational programs,
materials, and resources about art and design for the benefit of its
members and residents and business owners in the Borough.
F.
Fund-raising. With the approval of Council, the Advisory Board may
solicit and accept grants and contributions on behalf of the Borough,
provided that such grants and contributions be made to underwrite
the legitimate activities outlined in this article. Funds so obtained
will be expended for the specific purpose(s) and/or stipulations set
by the grantor or the Advisory Board with the specific approval of
the Council.
Approval from the Advisory Board shall not be required to obtain building permits from the Borough of Wilkinsburg for any project under its purview, as outlined in § 9-18A above.
A.
The Advisory Board may collect application fees and establish an
application fee structure for projects that come before its review.
All fees shall be subject to the approval of Council. Projects on
property owned by the Borough and other public entities will not be
charged an application fee.
B.
These fees will be earmarked to be used for expenses and initiatives
of the Advisory Board. The use of these funds shall be subject to
the approval of Council.
