LOCAL LAW NO. “L” FOR 2024
A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK ESTABLISHING CHAPTER 112 OF THE ALBANY COUNTY CODE TO CREATE A PUBLIC ART FUND
Introduced: 7/8/24
By Reidy:
A Local Law creating Chapter 112 of the Code of the County of Albany, entitled Arts and Culture, and Article 1 of such Chapter, entitled Public Art Fund, to provide public financial support for public art in Albany County.
BE IT ENACTED by the Albany County Legislature as follows:
Section 1. Chapter Creation.
Chapter 112, Arts and Culture is hereby created.
Chapter 112, Article I, Public Art Fund, is hereby created.
Section 2. § 112-1, Title.
This Local Law shall be known as the “Albany County Matthew Peter Public Art Law.”
Section 3. § 112-2, Legislative Intent.
The Albany County Legislature hereby finds and determines that art is essential to the human experience and should be accessible to all County residents.
The Legislature further finds and determines that, in addition to aesthetic value, public art installations provide a community-building effect that evoke empathy, understanding, identity, and a sense of belonging.
The Legislature further finds and determines that public art is an indispensable tool combat blight, promote mental and physical health, deter criminal activity, and increase public safety in communities.
The Legislature further finds and determines that public art allows the community to participate in the creation of public spaces and is a powerful way to increase neighborhood pride and identity, foster social bonds, and provide access to art for all people regardless of their circumstance.
The Legislature further finds and determines that public art brings economic benefits such as increased tourism and new jobs by encouraging pedestrian activity, improving the viability of local businesses, and stimulating the local creative economy.
The Legislature further finds and determines that local artists should be valued for their work and provided opportunities to use their essential talents and skills to better the County in exchange for fair compensation.
The Legislature further finds and determines that due to the aforementioned reasons, Albany County would benefit greatly from the creation of a funding mechanism for public art related to certain County capital construction projects.
Section 4. § 112-3, Definitions.
“Public Art” includes any application of artistic skill to the production of tangible objects according to aesthetic principles. “Public Art” includes, but is not limited to, paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, fountains, streetscapes, drawings, ceramics, topiary, and other decorative public use features.
“Capital Projects” includes:
(a) New construction of a building or of additional space added to a building; and/or
(b) Any reconstruction or renovation of a building or part of a building, whether financed through the issuance of bonds, pay-as-you-go funding, or other non-County funding sources.
“Projects” shall not include those which are solely for rehabilitation of equipment.
“Cost of a Project” includes design, architectural and engineering fees, site work, construction, and contingency allowances for a project.
“Public Art Fund” means a fund to which 1 percent of the value of a new capital project, up to a maximum of $10,000 for each capital project, will be allocated to fund public art initiatives in Albany County.
“Board” refers to the Public Art Board of Directors.
“Master Public Art Plan” means the annual plan drafted by the Public Art Committee to ensure a transparent, culturally-competent acquisition program and clear implementation guidelines.
Section 5. § 112-4, Public Art Fund.
Capital projects that are $250,000 or greater, whether funded by capital funds or operating funds, shall include the appropriation of funds equal to 1 percent of the cost of the project, with said funds to be appropriated for the acquisition, maintenance, and management of public art, except where the appropriating resolution, bond resolution, or budget may provide otherwise; provided, however, that, where applicable, such amount shall be reduced to the extent that state funds, Federal funds, and funding derived from water rates, water quality treatment charges, sewer rents and sewage, wastewater and refuse collection charges in the County, are not authorized to be used for such purpose. The maximum allocated for public art shall be $10,000 from each eligible capital project.
A public art fund shall be created by the Department of Management and Budget to hold funds for implementation of the projects finalized in the Master Public Art Plan and/or projects chosen by the Public Art Board of Directors. The fund shall be known as the “Matthew Peter Public Art Fund” in memory of the late Legislator Matthew Peter who championed public art projects in the City of Albany.
The use of any funds appropriated for any project for public art purposes shall be in accordance with the Master Public Art Plan, except that any such funds provided from the proceeds of County serial bonds or notes shall be used only for public art purposes related to the project for which such bonds or notes were authorized. To the extent the total appropriation of a project is not used for the acquisition of works of art for said project, upon the approval of the County Legislature, the remainder may be used for:
(a) Arts program administrative costs, insurance costs, or the repair and maintenance of any artwork acquired under this law; or
(b) Supplementing other appropriations for the acquisition of artwork under this law or to place artwork in or near government facilities which have already been constructed.
Section 6. § 112-5, Public Art Board of Directors.
A. There shall be Public Art Board of Directors, henceforth referred to as the Board, consisting of five voting members. The County Executive shall appoint one member, the Majority Leader of the Legislature shall appoint two members, the Chair of the Legislative Black Caucus shall appoint one member, and the full County Legislature shall appoint one member. All five members shall be subject to confirmation by the Legislature. The Board shall appoint a Chair from its membership to serve a one-year term.
B. All Board members shall be experts in the fields of art, art history, architecture, or architectural history. Members must be residents of Albany County and may not be a County employee or officer or serve on any other County advisory boards. Members shall be professionally associated with local visual arts groups, such as art galleries or art schools, or have at least 10 years of experience creating professional art.
C. In addition to the five voting Board members, the County Executive, the Chair of the Legislature, the Chair of the Legislature’s Public Works Committee, and the Majority Leader of the Legislature, or their designees, shall serve as ex officio members of the Board.
D. The Board shall choose the method of acquisition of public art for each project. Methods of acquisition may include, but are not limited to, projects of preexisting art, direct commission, art competition, request for proposals, or acceptance of donations.
E. For each project, the Board may convene a panel comprised of at least three Board members, one of whom shall be designated panel Chair. The Board may also appoint additional art experts to serve as members of the project panel. The Board may appoint additional members to the panel to serve as advisors, such as community representatives, County employees, project managers, or others who will have frequent contact with the public art when it is completed. An architect or engineer shall be an ex officio member of each panel. The panel shall review the scope of each project and shall make recommendations to the Board on the nature of the public art to be considered for the project, the method of acquisition for each project, the specific artist and the specific art for each project, and what portion of the budget for each project shall be used for refurbishing or restoring existing works of art or to be set aside for the maintenance of a work of art.
F. The acquisition and siting of all artwork shall be subject to legislative approval.
G. Ownership and title of all works of public art acquired by the County under this Local Law shall be vested in the County of Albany.
H. The Board shall create by-laws, subject to legislative approval, which will govern the conduct and operations of the Board.
I. The Albany County Department of Economic Development and Planning shall serve as coordinator for the program and provide staff support to the Board.
J. The Board shall deliver an annual report to the County Legislature detailing its operations, Master Public Art Plan, and art created under its authority.
Section 7. § 112-6, Master Public Art Plan.
The Board shall prepare an annual Master Public Art Plan (“Plan”), subject to legislative approval, to ensure a transparent, culturally-competent acquisition program and clear implementation guidelines. The Board shall hold a public hearing on the Master Public Art Plan prior to its approval. The Master Public Art Plan shall be approved by the Board and submitted to the legislature annually by March 1.
(a) All acquisitions and sales of public art shall be in accordance with the Master Public Art Plan. The Board shall recommend acquisitions and the hiring of artists in addition to overseeing the public education and curatorial aspects of the acquisition program.
(b) The Plan shall make all efforts to be equitable and include artists from a variety of different backgrounds for public art projects. The siting of these projects shall be County-wide, but shall include efforts to place art in underserved areas.
(c) The Plan shall make all efforts to utilize artists who are County residents.
(d) The Plan shall emphasize the importance of fair and adequate compensation for artists.
(e) The Plan shall be voted on by the Legislature and presented to the Department of Economic Development and Planning by May 1st each year.
(f) The Board shall, through the Plan and its acquisition program, make best efforts to call for artist submissions and publicize the intention to find appropriate art within 30 days of the Plan’s approval each year.
(g) Final contracts to authorize public art contracts and the hiring of artists are subject to approval by the Albany County Legislature.
Section 8. Severability.
If any clause, sentence, paragraph, section, subdivision, or other part of this Local Law or its application shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder of the Local Law which shall remain in full force and effect except as limited by such order or judgment.
Section 9. SEQRA Compliance.
This County Legislature determines that this Local Law constitutes a “Type II action” pursuant to the provisions of the State Environmental Quality Review Act (SEQRA), and that no further action under SEQRA is required.
Section 10. Effective Date.
This Local Law shall take effect immediately following its filing with the Office of the Secretary of State.