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City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2004 / 08/17 / TOT Money

TOT Money


[Council Communication]  [Attachments]


Council Communication
Title: Public Arts Commission request for remaining TOT funds.
Dept: Administration
Date: August17, 2004
Submitted By: Ann Seltzer, Management Analyst, staff liaison to the Public Art Commission
Approved By: Gino Grimaldi, City Administrator

Synopsis: In FY 2004-05 $445,600 of transient occupancy tax was appropriated for Economic and Cultural Development (ECD) grants. Of that amount, the ECD sub-committee did not allocate $5,925. If not spent, the funds will revert to the ending fund balance of the general fund.

The Public Arts Commission (PAC) requests that Resolution 2004-11 be modified to allow the PAC to receive TOT funds and that the remaining $5,925 be dedicated to PAC for the acquisition, installation and maintenance of public art in Ashland.

The PAC is directed by ordinance "to enhance the cultural and aesthetic quality of life in Ashland…" though no financial support was provided to enable the commission to implement their work. While the city has a mechanism in place, the ECD grant process, to provide financial assistance to other organizations that provide cultural development in Ashland, the process currently prohibits the PAC from receiving any of those funds.

Funds allocated through the ECD grant process enable grant recipients to leverage dollars through other granting organizations by illustrating support at a local level. Amending the resolution gives the PAC the same opportunity as other organizations to apply for local support and would enable the PAC to leverage additional dollars through other granting organizations.

The council formally recognized the importance of public art to the community when it adopted Ordinance 2890 in November of 2002 and created the Public Arts Commission. The cultural contributions to the community through public art are no less deserving of financial support than other cultural grant recipients.

Recommendation: Staff recommends supporting the request of the Public Arts Commission by:
001) Modifying Resolution 2004-11 to allow PAC to be a recipient of TOT funds and
002) Allocating $5,925 to the Public Arts Commission for the development of public art in Ashland.

Staff suggests adding subparagraph 'g' under Section 4, in the resolution to read: "Irrespective of sub paragraph 'b', the City of Ashland Public Arts Commission may apply for and receive funds."

Options:
1) Approve modification of the resolution and allocate $5,925 to the PAC.
2) Modify the resolution to allow the PAC to apply for and to receive funds and ask the TOT sub-committee to meet and bring a recommendation back to the full council regarding the allocation of the funds to the PAC.
3) Refer the entire issue to the TOT sub-committee.
4) Do not modify the resolution and deny the request for funds.

Fiscal Impact: Allocating these funds to the PAC will not negatively impact the budget.
Background: The PAC has initiated numerous activities to call attention to public art and to raise funds for the public art components of the staircase being construction in Calle Guanjuato. The PAC has developed informational and fundraising brochures, manned a booth on two different weekends in the Calle as a part of the Lithia Artisan Market, hosted a neighborhood event at Pilaf Restaurant and continue to conduct face-to-face solicitation of funds from residents. Invitations to the neighborhood event were designed and printed by the PAC and mailed to all residents in the Granite Street neighborhood, all businesses on the Plaza and all elected and appointed officials.

There are three public art components to the Calle Guanajuato staircase: the overlook at the top of the stairs adjacent to Granite Street, the Arnie Krigel memorial sculpture garden at the mid-point of the staircase and the staircase railing inserts. Current efforts of the PAC are directed to the overlook component, as it is an integral piece of the staircase construction and must be completed first.

To date, the PAC has raised approximately $2,000 in non-dedicated funds for public art, which will be used towards the overlook public art component. An additional $10,500 has been raised and is dedicated to the memorial sculpture garden and $19,000, which was bequeathed to the city for a memorial honoring the McGee family.

The PAC has made presentations to the Parks Commission keeping them abreast of the proceedings for the staircase and has requested funds from the Parks Foundation.

The PAC has been in communication with a number of granting agencies including the Oregon Arts Commission, the Meyer Memorial Trust, the Collins Foundation and PGE Foundation and has conducted preliminary research on-line with other agencies at the state and federal level. All encourage the PAC to apply for funds once it can illustrate financial support from the local government and from individual citizens.

Funds are needed to pay the artist for their work, to pay for the installation of art and in the long term, to pay for periodic maintenance of the piece.

Section 2 of Resolution 2004-11 lists the goals the Economic and Cultural Development Committee attempts to meet by granting funds to Economic and Cultural Development grant applicants. It clearly lists items specific to Economic Development but does not elaborate on Cultural Development. While cultural development is not defined in the resolution, the PAC believes the acquisition and placement of art is cultural development.

Item 'a' under Section 4, Guidelines and Criteria of the resolution, states that "grantee shall be a 501 (c) non-profit agency, item 'b' states "grantee shall be a non-governmental agency". The Pubic Arts Commission is an appointed body of the City of Ashland, which is designated by the IRS as a 501 (c) agency. Specifically it is a 501 (c) 1 as compared to a 501 (c) 3 which is the designation for most non-profits.

From time to time there has been talk about the PAC forming a non-profit. However, the challenges associated with doing so are daunting at this time. It has been estimated that forming the non-profit would require approximately 60 hours of legal work. This is an expensive route though it may be possible to solicit pro bono work. However, should the non-profit be formed, it would need to raise funds for basic operational support and minimal staffing in addition to raising funds for public art.

Attachments:
1. Letter from Kip Todd, Chair Public Arts Commission
2. DRAFT resolution amending resolution 2004-11 (suggested change appears in bold)
3. AMC Section 2.17.005
4. Draft minutes from the May 20 and 21 ECD committee meetings.


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