[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.
A.
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.
B.
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:
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.
See "Allegheny County Arts Board."
Those associations generally recognized by artists and art patrons
as an administrative and functional structure of persons having a common interest
in art.
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.
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.
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.
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.
See "public art."
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
(1)
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.
(2)
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.
(3)
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.
D.
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:
A.
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;
B.
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
C.
Designate items as public art and approve the location
of such public art.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
The funds within the Public Art Special Account, upon
the recommendation from the Arts Board, shall be used for purposes within
the following parameters:
(1)
For artist design services;
(2)
For the selection, acquisition, purchase, commissioning,
placement, installation, exhibition, maintenance, conservation, and display
of works of art;
(3)
For related education programs;
(5)
For the development of design concepts and models; or
(6)
For project support and community participation of public
art-related activities on publicly-owned property.
B.
County Council may provide for the specific appropriation
of the funds contained in the Public Art Special Account by resolution.
