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Public Art Policy
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THE CORPORATION OF THE CITY OF WINDSOR
POLICY
Service Area: Social Development Health & Culture
Policy No.:
Department:
Cultural Affairs
Approval Date:
Division:
Recreation & Culture
Approved By:
CR 510/2017
Effective Date:
August 28, 2017
Subject:
Public Art Policy
Procedure Ref.:
Review Date: August 28, 2021
Pages:
Replaces: CR 665-2016
Prepared By:
Anna Ciacelli/Cathy Masterson
Date: November 7, 2016
1.
POLICY
1.1
The Public Art Policy is a framework whereby public art is selected, showcased and
maintained in specific areas around the City to promote the diverse culture and
heritage of this area. This policy provides a vision and goal for the direction of
public art in the community while maintaining integrity and a fair process for
selection.
1.2
The City of Windsor is fortunate to have such a widely diverse collection of public
art. Sculptures, monuments, murals, statues, fountains, and paintings dot the
landscape along the riverfront and throughout the City in parks, buildings, and
offices. This integration of art into the fabric of the City enriches residents' lives
and contributes to the physical attractiveness of this area.
2.
PURPOSE
2.1
The City of Windsor Public Art Policy has been established to:
a) Guarantee an approved, fair and consistent public selection process of public
art so that all the citizens of Windsor can access and participate in the cultural,
economic, social, developmental and tourism opportunities afforded by public
art;
b) Provide stewardship for public art and municipal collections;
c) Ensure that public art is included in the planning and design of publicly
accessible spaces;
d) Ensure that public art continues to make the environment visually engaging,
while reflecting the City's heritage and cultural diversity;
e) Recognize the importance of public art;
f) Allow for the integration of public art into various parts of the City to be
enjoyed by all;
g) To support and promote the development and creativity of local artists by
offering a venue to showcase works of art, encouraging civic pride;
h) Provide an opportunity for the general public to enjoy and take pride in their
community by providing/showcasing these visually appealing and often times
significant works of art, presenting a positive image to visitors and potential
investors;
i) Determine appropriateness and method of placement of various works of art;
j) Promote the City's creative appeal to residents and visitors;
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k) Increase public awareness regarding public art and the value it brings to the
area;
l) Interpret the City's collective values, social issues, political events and
cultural patterns that contribute to civic life;
2.2
The objectives of the Public Art Policy are:
a) To demonstrate through projects that public art can significantly enhance the
City;
b) To ensure that through its selection process, qualified artists provide a variety
of arts and cultural expressions that are compatible with development
aspirations;
c) To encourage community members to participate in developing the resources
of public art to reflect the diverse cultural nature of the City of Windsor;
d) To create a public education plan for learning and participation in arts,
heritage and culture.
2.3
The guiding principles of the Public Art Policy ensure that public art activities will:
a) Be accessible to all citizens by providing opportunities for participation that
are equitable and inclusive;
b) Be flexible to encourage a wide variety of creative expression, art practice
and art work;
c) Be integral to the civic planning and development process;
d) Be supported with adequate resources to create and preserve the City's
significant public art works;
e) Encourage excellence, quality and innovation;
f)
Demonstrate the significance of art in community life;
g) Create cultural links through the promotion of opportunities for community
development, community engagement and community partnerships.
2.4
General Management of the Collection
The City recognizes that it is in the public interest to preserve the integrity and
security of a work of art. The City owns and has responsibility for many works of
art.
The City will care and preserve its art collection by establishing:
(a)
an inventory of current City owned public art works and significant
private works placed at publicly accessible private sites; and
(b)
annual maintenance and long term care plans of works in its collection.
The inventory should, as is reasonably possible, provide information on materials,
construction, location, site conditions, and other information about the work of
art, the donor, if applicable, and the artist.
The City will ensure the development of collection management systems and
associated policies with documentation standards and procedures modelled on
museum practices and with an ongoing program of maintenance and inspection of
works of art in public places through the professional practice of civic cultural
staff and/or contract specialists as required.
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Prior to the installation of any public art, whether on a permanent or temporary
basis, the City will enter into an agreement with the appropriate party or parties
governing the rights, obligations, custody and care of the work of art.
The agreements should, as is reasonably possible:
- identify the party responsible for the costs of maintaining and insuring the
work of art;
- acknowledge the artist's moral rights;
- identify responsibility for the installation, maintenance, documentation
and long term care of the work of art;
- allow the City to move, modify or repair the work of art in the event of an
emergency without the prior consent of the artist or donor.
Discussions with the artist or donor of the art and outcomes should be
documented and retained in the database.
When appropriate, stamped engineering drawings should be obtained from the
artist or donor of the work of art prior to installation to provide direction for the
installation and ongoing maintenance of the work of art.
When partnering with another person or organization regarding the commission or
receipt of a work of art, the City should also require the partnering party to advise
it of any key terms and specifications that the party has with other parties which
may have an impact upon the City related to the work of art.
3.
SCOPE
3.1
This policy applies to all pieces of public art, public art projects or private art works
that are located on public property within the City of Windsor.
3.2
This policy applies to public art that is created for, facilitated, owned or maintained
by the City of Windsor.
3.3
To ensure the fair and equitable treatment of all participants in the public art
process, members of the Public Art Advisory Committee (PAAC) are prohibited
from directly or indirectly benefiting from their participation in the Public Art
Advisory Committee during their tenure. The City of Windsor Code of Conduct
and Code of Ethics/Conflict of Interest policies will apply to all members.
4.
RESPONSIBILITY
4.1
The Mayor and City Council will determine, from the qualifying pieces of art
chosen as a result of the initial selection process completed by Administration
and/or the PAAC Committee, which piece of public art will be selected for a
specific area.
4.2
The Manager of Cultural Affairs will:
a) Advise Council on proposed artwork gifts, bequests and donations to the City
of Windsor according to the established guidelines;
b) Implement and maintain the Public Art Policy while working directly with the
Public Art Advisory Committee (PAAC);
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c) Foster a relationship between the City, developers, and artists and provide
consultation that is current, informed and professional;
d) Ensure a fair and equitable process is in place for the selection of public art
and its location within the City;
e) Ensure that the proper maintenance program of public artworks is in place
and practised;
f)
Develop and maintain an inventory/cataloguing system to ensure all pieces of
Public Art and their locations are documented and accessible to specific
members of administration;
g) Encourage the development of private sector public art and public-private
partnerships for public art;
h) Advise Council on the implementation of the accessioning and de-
accessioning components of the Public Art Policy;
i)
Ensure the provision of opportunities for direct and informed public
involvement in the direction and selection of art work;
j)
Manage the day to day internal support for civic capital projects;
k) Work with the Parks Department to determine the feasibility of selected sites
for the placement of public art and to address any maintenance/repair
concerns;
l)
Ensure that all applicable laws are followed, including those regarding
censorship and obscenity;
m) Work in conjunction with the Finance Department to ensure that any
gifts/bequests of public art made to the City of Windsor have been issued a
proper tax receipt satisfactory to current Canada Revenue Agency guidelines.
n) Work in conjunction with the Legal Department to ensure all agreements are
executed in accordance with current legal practices.
4.3
With the assistance of City administration the Public Art Advisory Committee
(PAAC) will:
a) Advise Council on all matters concerning public art including providing input
to the selection process;
b) Review all proposed public art projects and ensure the application of
established procedures and guidelines on a project-by-project basis;
c) Advise Council on communication and outreach to the community regarding
public art;
d) Report their findings to the appropriate Standing Committee through a
Committee Report.
4.4
City of Windsor Cultural Affairs staff are responsible to maintain and/or update as
required any records produced as a result of the Public Art Policy.
5.
GOVERNING RULES AND REGULATIONS
5.1
A key feature of public art is the integration of art into the urban fabric of the City
in order to enrich and enhance its physical and cultural dimensions. Public art can
transform and enliven public spaces, contributing several benefits, from the purely
aesthetic, to economic and social benefits such as tourism, links with the City's
heritage, and an appreciation of different cultures. Examples of public art may
include but are not exclusive to sculpture, statues, murals, functional art (seating,
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lighting, manhole covers, sidewalks, etc.), forms of landscaping, and the like.
Public art may serve as a gateway, a memorial or commemoration, a marker or part
of an open space or landscape design. Public Art must be created by an artist.
They may be invited to complete an independent artwork or work as a collaborative
member of a design team.
5.2
The City of Windsor has several examples of the integration of public art into the
urban landscape; the Mural Programmes in Ford City, Wyandotte Business area
and in the Postcards from Home program. Such integration can also result in
functional art, such as the inclusion of lighting, seating and walkways in public
places. Art enriches its natural environment, and provides lifelong opportunities for
access to the arts, enhancing the quality of life for the community and its visitors.
5.3
To ensure that artistic design becomes an ever-increasing component of the City of
Windsor's urban fabric, the potential for integrating art (including functional art)
into the design of public spaces should be an active consideration in all Council
approved development projects in the City.
5.4
The Windsor Sculpture Park
The Windsor Sculpture Park was initiated through the generosity of the P&L Odette
Foundation and its maintenance has been undertaken by the City of Windsor. The
City is endeavouring to further develop the Sculpture Park, in large part through the
establishment of conditions that will broaden its potential donor base.
5.5 Temporary Art in Public Places
An increased emphasis will be given to promoting temporary public art works,
which enliven the environment, raise awareness and engender debate about public
art. The Public Art Advisory Committee, formed to implement aspects of this
Policy, will have a role in actively promoting and facilitating temporary public art
works. A list of possible sites where artists could locate public art works will be
developed, and a process established for artists seeking to create a temporary
exhibition/art work. There may be opportunities for promoting temporary public
art works, possibly with a focus on regular temporary exhibitions.
5.6
Community Art in Public Places
Community public art aims to assist communities towards self celebration and self
definition through the expression of a sense of identity and the creation of
community consciousness. It encourages active participation from community
members while also developing audiences as in the case of the international art
installation CarTunes on Parade. Other forms of community art expression may
also include murals created by students around construction projects. City Council
will provide opportunities to continue to work with the community to support and
develop community-based quality arts programmes and activities, including
community-based public art.
5.7
Funding
The goal of funding opportunities is to establish a sustainable funding mechanism
that supports the City's commitment to spend existing and future funds more
creatively. City cultural staff will identify ways of encouraging the community to
play an active role in supporting and facilitating public art opportunities with the
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City of Windsor and in developing partnerships with other cultural organizations,
corporations, small business, residents and community groups to:
a) Recognize achievements in the arts;
b) Provide financial support for community programs;
c) Contribute to scholarships for arts education;
d) Contribute exhibit space;
e) Establish a Civic Public Arts endowment fund for the long-term maintenance,
preservation, conservation and acquisition of public works of art.
The Percent for Public Art program will cap funding for Public Art projects to a
total value of $250,000 per project. The allocation for public art will be identified
in the project's initial capital budget and will be reported to City Council with the
planned process for the inclusion of public art into the project. This will enable
Council to direct on a project by project basis to determine which projects to
enhance with a Public Art component and will give City Council the discretion as
to the final funding amount.
5.8
Acceptance of Gifts, Donations and Bequests
The Public Art Policy directs the process for determining acceptance for all gifts,
donations and bequests of public art work made to the City. These items may be in
the form of an existing artwork or a proposal for an installation of public art on
civic property, to be chosen through an objective art selection process.
Through the Public Art Policy, the guidelines and criteria for acceptance of gifts,
donations, bequests, the placement of artwork, acceptance of time limited loans, the
procedures of documentation and the authentication of proposed artwork to
professional standards are all to be developed by City of Windsor cultural staff and
PAAC, following museum practices.
Any official gifts received by the Mayor or Members of Council are deemed to be
presented to the City of Windsor and become the property of the City of Windsor.
If the gifts are considered artworks by City administration and/or PAAC they may
be accessioned into the City's collection to be displayed as a public artwork.
City Administration in conjunction with PAAC will inform City Council on a
regular basis of any donation, gift or bequest of artwork that is proposed for the
City.
5.9
Maintenance and Asset Management
The City is responsible for maintaining its public art to a reasonable and safe
standard. An Asset Management Plan for Public Art should be completed and
regularly updated to represent a complete register of Public artworks for which the
City has responsibility. The register will provide a conservation management plan
that details the condition and maintenance requirements of each artwork.
5.10 Deaccessioning of Artwork
Any actions or set of procedures that result in the cessation by the City of its
ownership and possession of the artwork is possible, provided that disposition of
the artwork is not contrary to the terms on which the City received it.
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Deaccession guidelines cover the relocation, removal, destruction or disposal of
public artwork. Considerations for deaccessioning may include:
a) Beyond restoration;
b) Duplication with another work on public display;
c) Copies, forgeries or reproductions;
d) Irrelevance;
e) Accidental loss (disappearance or theft)
5.11 Commissioning Public Art
Works of art may be commissioned by the City of Windsor for a specific situation
from time to time. In this case sole sourcing may be considered as part of the
regulations within the Purchasing By-law.
5.12 Definitions:
"Accession" is to make a formal record of an addition to a collection.
"Acquisition" is something that has recently been bought or obtained.
"Artist" is somebody who does something skilfully and creatively.
"Bequest" is something such as knowledge or a practice handed down to future
generations; something left to somebody in a will.
"Culture" is people with shared beliefs/attitudes and practices which identify the
particular place to which they belong.
"Donation" is a gift or contribution made to an organization or institution.
"Deaccessioning" is the procedure for the removal of an artwork from the public
collection.
"Endowment" is an amount of income or property that has been provided to a
person or institution.
"Gift" is something that is given to somebody.
"Heritage" is a country or area's history, historical building, and sites that are
considered to be of interest and value to present generations.
"Inventory" is a list of items, such as property, assets, or other resources.
"PAAC" is the Public Art Advisory Committee of the City of Windsor.
"Preservation" is the maintenance of something, especially something of historic
value, in an unchanged condition.
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"Public Art" is an original artwork installed permanently or temporarily in such a
way as to permit viewing by the public indoors or outdoors. It is intended to be
integrated as part of its environment and/or interactive with its surroundings and
encompasses a wide expression that may extend beyond traditional forms.
"Public Spaces" are areas owned by the City of Windsor provided for the use of
the community that may be frequented by the general public or visitors from time to
time.
"Purchase" is the act of buying something using money or its equivalent.
"Restoration" is returning something to an earlier and usually better condition.
"Temporary Public Art" is an original artwork that lasts or is designed to last for
a limited time.
"Works of Art" are objects of fine art of both a permanent or temporary nature,
e.g. a painting or sculpture.
6.
RECORDS, FORMS AND ATTACHMENTS
6.1 The City of Windsor Cultural Staff will review and recommend revision of the
Public Art Policy to Windsor City Council every four years in conjunction with the
new term of Council, or as required.
6.2 The Public Art Works Application Form is attached.
6.3 The City of Windsor Code of Conduct and Code of Ethics/Conflict of Interest
policies will apply.