WHEREAS, the Mayor and Council of the City of Asbury Park (the “City”) have determined that it is more beneficial to the City to create a Commission to facilitate the development of public art in the City, rather than a Committee, as a Commission has greater authority and powers than a Committee and may be allocated independent budgetary funding on an annual basis for its activities; and
WHEREAS, the Mayor and Council therefore wish to adopt the within Ordinance in order to advance this objective.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the Mayor and City Council of the City of Asbury Park, in the County of Monmouth and State of New Jersey, as follows:
1. That current Section 2-43, entitled “Public Art Committee,” of Chapter II, “Administration,” of the “Code of the City of Asbury Park, New Jersey,” is hereby repealed in its entirety, and the terms of all existing members of the Public Art Committee shall terminate immediately as of the effective date of this Ordinance notwithstanding the natural termination dates which would have otherwise been applicable to their respective terms.
2. That a new Section 2-43, to be entitled “Public Art Commission,” of Chapter II, “Administration,” of the “Code of the City of Asbury Park, New Jersey,” is hereby established as follows:
2-43 PUBLIC ART COMMISSION.
There is hereby established a Public Art Commission in and for the City of Asbury Park in accordance with the provisions of this Section.
The purpose of the Public Art Commission is to facilitate the development of public art, including but not limited to murals, within the City, recognizing such as integral to the vibrancy of the community. The Commission shall ensure that public art contributions to the City will complement the building(s) or neighborhood(s) with which they are associated, as well as complement current strategies for economic development and tourism, enhance neighborhood and community identity, and educate children and adults alike.
2-43.3 Composition; Appointment; Alternate Members.
The Public Art Commission shall consist of nine (9) regular and two (2) alternate members, who shall serve without compensation, as appointed by the Mayor and Council. The membership shall include the City Manager or his/her designee, one (1) representative of the City Council, five (5) members of the public who are residents of the City or part of the City’s business community, and two (2) individuals who are representatives of art, tourism or cultural organizations that may be based within or outside of the City. The Commission shall designate one (1) of its regular members to serve as Chairperson and presiding officer of the Commission on an annual basis.
Alternate members shall be designated at the time of appointment as “Alternate No. 1” and “Alternate No. 2.” Alternate members shall serve during the absence or disqualification of any regular member or members. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
2-43.4 Term of Office.
The term of office of regular members of the Public Art Commission shall be for three (3) years, and the term of office of alternate members shall be for two (2) years. Any vacancy occurring other than by the expiration of a term shall be filled for the unexpired term only, in the same manner as the original term.
The terms of the regular Commission members first appointed shall be for a period of 1, 2, and 3 years, respectively, in such manner that the terms of at least two (2) regular Commission members and not more than three (3) regular Commission members shall expire in each year, so as to commence the staggering of terms. Thereafter, all appointments of regular members shall be for a term of three (3) years.
2-43.5 Removal of Member; Hearing
Any member of the Public Art Commission may be removed by the Mayor and Council for cause on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel.
2-43.6 Rules of Procedure; Design Guidelines; Meetings.
The Public Art Commission may establish rules of procedure and design guidelines for its use.
The Public Art Commission shall establish a schedule of its regular meetings on an annual basis. A quorum required to take action at Commission meetings shall be a majority of the full authorized membership of the Commission.
All Public Art Commission meetings shall be subject to the New Jersey Open Public Meetings Act, including the requirement of posting and notification of all meetings. Minutes of all meetings shall be maintained and Commission approved minutes shall be submitted to the City Clerk for appropriate record keeping.
2-43.7 Powers and Duties.
The Public Art Commission shall have the following powers and duties:
a. The power to commission and oversee the creation of art work where appropriate on both municipal and private property at the directive of the City Manager or the Mayor and Council.
b. The power to hear and review applications for the creation of public art within the City, including the erection, painting and/or installation of murals (as defined below), and the power to render decisions regarding the issuance or denial of permits therefor. The review process is outlined in Section 4-18 of the Code of the City of Asbury Park.
c. The power to advise the Mayor and Council, the Redevelopment Entity, the Planning Board and the Zoning Board of Adjustment, and other agencies of the City with regard to matters which affect the creation of public art within the City, including the erection, painting and/or installation of murals or streetscapes.
d. The power to create a non-exclusive list of spaces that are eligible and appropriate for the potential location and siting of murals within the City.
e. The power to develop, and to regularly review and update, a public art plan and public art guidelines, which identify, among other things, appropriate spaces and appropriate mediums, respectively, for public art within the City.
f. The power to review and recommend public art projects.
g. The power to make recommendations regarding any issues that may arise from a specific public artwork or art project.
h. The power to undertake any other duties or activities that may be assigned to it by the Mayor and Council.
The Mayor and Council may fix, determine and appropriate a sum sufficient to be utilized by the Public Art Commission for the purposes herein stated, on an annual basis or as needed.
3. That Section 4-18, entitled “Murals,” of Chapter IV, “General Licensing,” of the “Code of the City of Asbury Park, New Jersey,” is hereby amended in order to replace the terms “Public Art Committee,” “Mural Committee,” and “Committee,” in all instances, with the term “Public Art Commission.”
4. That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.
5. That the provisions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the Ordinance actually adjudged invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.
6. That this Ordinance shall take effect upon final passage and publication in accordance with the law, following the required twenty (20) day period after adoption, as set forth in N.J.S.A. 40:69A-181(b).