Chapter 2.30
ARTS COMMISSION
Sections:
2.30.020 Purpose and establishment.
2.30.030 Membership and terms.
2.30.050 Vacancies and removal.
2.30.060 Election of officers.
2.30.070 Compensation and conflict of interest.
2.30.090 Meetings and records.
2.30.095 Time and place of meetings.
2.30.100 Rules and procedures.
2.30.110 Council and staff support.
2.30.010 Definitions.
The following terms shall have the following definitions for this chapter:
A. “City” means the City of Ferndale.
B. “Commission” means the Ferndale Arts Commission.
C. “Commissioner” or “member” means an individual appointed to serve on the Arts Commission.
D. “Council” means the Ferndale City Council.
E. “Mayor” means the Ferndale Mayor.
F. “Public space” is any place or property within the City which is open to the general public for its use, or which is in public view, or is generally accessible to the public.
G. “Public art” shall include the creation, education, installation, or celebration of art and performance art in its various forms, but not be limited to paintings, mural decorations, glass art, statues, bas-reliefs, monuments, fountains, arches, or other structures of a permanent or temporary nature intended for ornament or commemoration. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)
2.30.020 Purpose and establishment.
The City recognizes that public art is essential to human needs, enhances the City’s physical beauty, promotes economic health and enhances the quality of life. To these ends, there is established a Ferndale Arts Commission whose purpose is to act in an advisory capacity to the elected officials and staff of the City with regard to the planning, design, and establishment of public art, as defined herein, in the City. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)
2.30.030 Membership and terms.
The Commission shall consist of no less than five and no more than nine members, appointed as follows:
Members shall be appointed by the Mayor and confirmed by a vote of the majority of the City Council. The term shall be for four years. Positions and their expiration dates shall be assigned as follows: Position Nos. 1, 2, 3, and 4 terms expire on June 30th of even years, beginning June 30, 2016. Position Nos. 5, 6, 7, 8, and 9 terms expire on June 30th of even years, beginning June 30, 2018. A quorum shall be defined as a majority plus one of the current membership number. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 2022 § 1 (Exh. 1), 2017; Ord. 1954 § 1 (Exh. 1), 2016; Ord. 1511 § 1, 2009; Ord. 1462 § 1, 2008; Ord. 1452 § 1, 2008)
2.30.040 Qualifications.
Qualifications for appointment to the Commission are as follows:
Members shall be appointed upon the basis of demonstrated interest in, and knowledge and support of, the arts. At least five members of the Commission shall reside within the Ferndale School District boundary at the time of their appointment and throughout their terms in office. Up to four members may be nonresidents who have resided in Whatcom County for at least one year. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 2144 § 1 (Exh. 1), 2020; Ord. 2022 § 1 (Exh. 1), 2017; Ord. 1452 § 1, 2008)
2.30.050 Vacancies and removal.
Vacancies resulting from any cause shall be filled by appointment by the Mayor and confirmed by the majority vote of the City Council. The appointment shall be for the unexpired term. If a member is absent from three consecutive regular meetings, unless by permission expressed in the Commission minutes, or if they cease to comply with the provisions of FMC 2.30.040, their office shall become vacant and shall be so declared by the City Council. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)
2.30.060 Election of officers.
The officers of the Commission shall be a chairperson, vice-chairperson, and a secretary. They shall be elected for a term of one year at the first meeting of the year. The chairperson shall preside at all meetings, appoint all committees and their members, execute all documents authorized by the Commission, and may serve as an ex officio member of all committees. The vice-chairperson, in the absence of the chairperson or their inability to act, shall preside at all meetings and perform all other duties of the chairperson. The secretary shall record minutes of all meetings, keep a record of its business proceedings, and shall perform all other duties as are generally associated with this office. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)
2.30.070 Compensation and conflict of interest.
Members shall serve without compensation from the City, or from any trust, donation, or legacy to the City; provided, that members may be reimbursed for necessary expenses related to their duties that have been previously authorized by the City Council and included in the annual City budget.
Members of the Commission shall comply with all aspects of Chapter 42.23 RCW, Code of Ethics for Municipal Officers, and shall not have any direct or indirect financial interest in any public art activities of the City. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)
2.30.080 Powers and duties.
The Commission shall have the following powers and duties:
A. To act in an advisory capacity to the City Council in all matters pertaining to the artistic and aesthetic aspects of the City;
B. By August 30th of each year, to submit to the City Finance Director an Arts Commission budget for the following year, including a description and projected costs for all public art-related expenditures, including but not limited to: the placement and renderings or descriptions of new or modified artwork and the cost thereof, the type, schedule, and cost of proposed events, design or planning associated with proposed artwork, and any other planned expenditures. The Commission shall also identify any other public or private contributions or grants that are anticipated or will be sought in the upcoming year.
1. Upon approval of the annual Arts Commission budget, to work with the Mayor and relevant departments to implement all proposed public art-related tasks as described in the budget;
C. Recommend the adoption of such ordinances, rules, and regulations as it may deem necessary for the administration and preservation of art and aesthetic aspects of the community;
D. Foster public and private partnerships, donations, grants, or other support for the advancement of public art;
E. On behalf of the City, to encourage, conduct, sponsor, or cosponsor public art programs, and artistic performances, instructional activities, and festivals to further the development and public awareness of, and interest in, public art;
F. Review and recommend the acceptance of any donated public art to the City;
G. Review and recommend to the Council the removal, relocation or alteration of any existing works of art in the possession of the City;
H. Perform such other duties related to the arts as the Council may direct;
I. Where appropriate, coordinate with the Parks, Recreation, and Trails Advisory Board, the Community Impact Committee, the Public Works Department, the Community Development Department, and any other boards, commissions, or departments. (Ord. 2282 § 1 (Exh. 1), 2026; Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)
2.30.090 Meetings and records.
The Commission shall meet monthly or more often as is necessary and all of its meetings shall be open to the public. Special meetings may be called by the chair or a majority of the Commission; provided, however, that adequate public notice be given for all regular and special meetings. A quorum shall be a majority of the members. No action of the Commission shall be valid without the affirmative vote of at least four members. The Commission shall keep a record, which shall be available for public inspection, of all of its resolutions, proceedings, and other actions. The Commission shall make a written report to the City Council by August 30th of each year. The Council Liaison to the Arts Commission shall provide regular updates to the City Council during the year. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)
2.30.095 Time and place of meetings.
A. The second Wednesday of every month is established as the time of meeting of the Ferndale Arts Commission.
B. Effective Wednesday, March 8th, following adoption of the ordinance codified in this section, the regular meetings will commence as follows:
1. Starting at the hour of 5:00 p.m. the Ferndale Arts Commission will meet in the Main City Hall Conference Room located at 2095 Main Street in Ferndale, Washington, 98248.
2. All Arts Commission meetings are subject to the Washington State Open Public Meetings Act.
3. Any meeting that is cancelled for any reason shall be posted on the City’s website the day before said meeting.
4. At any meeting hereafter that may fall on a legal holiday, the meeting shall be held the following day. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1985, 2017; Ord. 1938 § 1, 2016)
2.30.100 Rules and procedures.
A. The Commission shall adopt and amend, by the affirmative vote of a majority of the members, rules and procedures for the conduct of the Commission’s business. Such rules and procedures shall be submitted to the Council for approval and shall not become effective until such Council approval is given. Such rules and procedures shall cover, but are not limited to, the following: preferred process for the selection of public art commissioned by the City; policies for the acquisition, display, and presentation of public art; identification of City projects that can benefit from artists’ involvement; selecting and commissioning of artwork; providing for the oversight and maintenance of public artwork after its installation; and development of an annual public art program.
B. All permanent art installations must be approved by the Mayor and relevant department head.
C. Permanent art installations that exceed $25,000 that have been approved by the Mayor and department head also require City Council approval. The $25,000 includes any supplemental private funding. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)
2.30.110 Council and staff support.
The City Council shall select from its members an Art Commission liaison whose duties will be to attend Commission meetings and provide information to and from the Council. Additionally, City staff will be available to aid the Commission in their activities. (Ord. 2264 § 1 (Exh. 1), 2025; Ord. 1452 § 1, 2008)