MUNICIPALITY OF SIOUX LOOKOUT Policy Manual SECTION NAME SECTION NO. POLICY NO. Recreation and Cultural Services 14 14-2 POLICY REVIEW DATE NO. OF PAGES Public Art Policy September 15,2014 9 EFFECTIVE DATE REVISIONS September 15, 2010 IMPLEMENTATION September 16, 2010 ADMINISTERED BY Economic Development Office - - - -- -- --- PREAMBLE The Corporation of the Municipality of Sioux Lookout (the Municipality) recognizes the value of art in public places that reflects the diversity of our community, provides unique attractions for citizens and visitors, and strengthens community pride. Public art will contribute to our unique community identity by affirming a sense of place, strengthening connections between people and place, celebrating the social, historical, cultural and natural environment, and enhancing our economic vibrancy. POLICY STATEMENT The Municipality's Public Art Program will be realized through processes that engage the community, foster neighbourhood sustainability, and stimulate excellence in the built environment. This Policy will provide the framework for Municipal Council, staff and volunteers to encourage, fund, select, preserve and, as required, de-accession Public Art.
ATTACHMENTS Attachment "A" - Regulations POLICY REVIEW This Policy will be reviewed as required, but in any case no later than four years from the date of the most recent review. POLICY REVIEW PROCEDURE The Economic Development Officer will be responsible for initiating the review of this Policy. \ 2
ATTACHMENT "A" - REGULATIONS TO POLICY NO. 14-2 1.0 GUIDING PRINCIPLES: 1.1 The Public Art Policy will endeavour to ensure that: Public Art is integral to the civic planning and development process; Public Art is accessible to all citizens by providing opportunities for participation that are equitable and inclusive; Cultural links are created through the promotion of opportunities for community development, community engagement, community partnerships and community education; A wide variety of creative expression, art practice and artwork is encouraged, developed and considered for Public Art; Adequate' resources are developed and made available to preserve existing and create new Public Art; and Public Art pieces are evaluated on artistic merit through qualified adjudication and selection processes. 2.0 DEFINITIONS: In this policy: 2.1 Artist means a person who is critically recognized as an artist, possesses skill, training and/or experience in his or her artistic discipline; is active in and committed to his or her art practice; has a history of public presentation; and who is not excluded by the Municipal Conflict of Interest Act. 2.2 Conservation means a specialized activity that is intended to maintain the quality, appearance and integrity of works of art that is typically performed by a recognized professional. Examples include removal of graffiti or restoration. 2.3 De-accessioning means the process of permanently removing a piece of art from the Municipality's Public Art inventory.. 2.4 Municipal Public Art Technical Team (PATT) means Municipal staff with expertise and/or stakeholder status vis-a-vis the acquisition of Public Art, including, but not limited to, Municipal: Chief Administrative Officer - to provide strategic advice and direction; Economic Development Officer - to serve as Municipal staff lead; Manager. of Development Services/Engineer - to provide an impact analysis of proposed public art installations from a design perspective; 3
Planning Administrator _. to. provide. insight and. advice on the appropriateness of pliblic art installations from an urban design perspective; Treasurer - to provide advice on financial options and implications of public art acquisitions. Manager of Community Services - to provide insight and advice on public art installations in parkland areas. 2.5 Public Art means an original work of art that is located in a publicly accessible location and created with the intention of reflecting and/or engaging the community. Public Art works may be permanent, temporary or mobile. Public Art may be integrated into a site, or it may be a stand-alone piece and may have functional and/or aesthetic qualities. Public Art includes, but is not limited to: sculpture i.n any material or combination of materials whether in the round, bas-relief, high relief, mobile, fountain, kinetic or electronic; murals, painting, drawing, photographs, film or videotape; earthworks, fiber-works, glass, metal, mosaics, lighting, sound effects; and original works of art that are specific to their site. Public Art does not include: directional elements such as signage or colour coding, except where these elements are integral parts of an original work of art; art objects which are mass-produced of standard design; landscape architecture and landscape gardening, except where these elements are an integral part of the original work of art, or are the result of collaboration among design professionals including at least one artist; temporary displays or exhibitions of art work that do not leave a lasting record of their creation (e.g. ice sculptures); artifacts or archival collections in museums, libraries or galleries; or art on private lands. 2.6 Public Art Jury means a group of volunteers appointed by the Municipal Arts, Culture & Heritage Committee that serve to evaluate potential Public Art acquisitions (whether by donation, loan, purchase, bequeath, or commissioning), and shall include at a minimum: Artists from a variety of artistic disciplines; Art educators; Community members with an identified and demonstrated interest in the arts, and who are not serving on any other Municipal Board, Commission or Committee; and Municipal Public Art Technical Team (PATT). 4
2.7 Public Space(s) means areas frequented by the general public that are owned or controlled by the Municipality, including, but not limited to: parks, open space, trail systems, waterways, road allowances, boulevards, streets, courtyards, squares, bridges, building exteriors, foyers, and publicly accessible interior areas. 3.0 ACQUIRING PUBLIC ART: 3.1 The Municipality or its designate may acquire Public Art through: 3.1.1 Purchasing an existing piece of art; 3.1.2 Commissioning a piece of art through a competition or proposal call; 3.1.3 Accepting a donation or bequeath of an existing piece of art, where the ownership is transferred to the Municipality from an individual, organization, group, corporation, or another municipality. 3.1.4 Accepting a piece of artwork on loan from an Artist, private individual, organization, group or corporation. 3.2 Evaluation: 3.2.1 Each piece of art that is being considered for acquisition or donation to the Municipality's Public Art inventory shall be evaluated by the Public Art Jury who will recommend to the Arts, Culture & Heritage Committee, whether or not the piece is appropriate. 3.2.2 The Public Art Jury shall evaluate the work of art according to the following criteria: Adherence to the Public Art Policy; Relevance to the Municipality's natural or built environment, cultural heritage, and/or history; Quality of the piece of art; Suitability of the art for display in a public space; Authenticity of the piece of art; Condition of the piece of art; Municipality's ability to maintain and conserve the piece of art, including considerations for vandalism mitigation; and Ethical, legal and financial considerations regarding ownership. 5
3.3 Purchase or Commission: 3.3.1 The Municipality or its designate may elect to purchase works of art, which would become a part of the Municipality's Public Art inventory. Public Art may be purchased, or artists may be commissioned to produce artworks for purchase. In all cases, purchase or commissioning shall involve a fair and transparent process, adhere to the Municipality's Purchasing and Procurement By-Law, be vetted through the juried and evaluative process described herein, and have a maintenance plan. 3.3.2 The purchasing or commissioning of artworks shall normally be accompanied by a community engagement and education process, which may include opportunities for public comment on proposed purchases, and learning, participation and experimentation opportunities for the public in arts and culture. 3.4 Donation: 3.5 Loan: 3.4.1 All donations (including bequeaths) of existing artworks considered for the Public Art inventory shall be subject to the review and recommendation of the Public Art Jury. All donations shall have an accompanied maintenance plan, provided by the donor, in accordance with conservation considerations and will be subject to approval by the Public Art Jury. Location(s) of donated works of art shall be determined by the Municipality in conjunction with the donor. The Municipality reserves the right to decline any anticipated donation of works of art. 3.4.2 The donor is responsible for meeting Government of Canada criteria to receive a tax credit for the work of art. Donated Public Art works will normally include a funding donation for the maintenance and conservation/restoration of the work being donated, the amount of which will be negotiated as part of an acceptance agreement. 3.5.1 The Municipality may secure, on a temporary basis, pieces of art for display in public spaces. The loaned art shall be subject to the juried and evaluative process described in Section 3.2. 3.6 Unsolicited Works of Art Upon discovery of unsolicited works of art in public spaces, the Municipality, at its sole discretion, may require these works to be removed at the owner's expense. 6
4.0 FUNDING FOR PUBLIC ART: 4.1 Multifaceted Approach: The Municipality shall employ, in isolation or in combination, the following approaches to fund Public Art: 4.1.1 Public Art Budget: An annual allotment of public funding for Public Art initiatives, including purchasing, commissioning, maintenance and conservation, and public education and awareness. 4.1.2 Public Art Reserve Fund: A fund established to provide for the ongoing purchase, commissioning, maintenance and conservation, and public education and awareness of Public Art. Annual budgeted Public Art allotments not spent by fiscal year-end shall be transferred to the Public Art Reserve Fund. The Fund shall also accept monetary donations from the general public in support of Public Art initiatives. 4.1.3 Grant Applications: The Municipality shall investigate and apply (where appropriate) for grants for the acquisition of Public Art and/or related engagement and education efforts. 4.1.4 Acceptance of Donations, Loans and Bequeaths: Notwithstanding any other provisions within this Policy, it shall be the general practice for the Municipality to enter into an agreement with the donor, loaner, or estate from which the bequeath was received, to ensure sufficient funds are provided in addition to the donation, loan or bequeath to enable the installation and maintenance of the art. Failure to provide funds for the installation and/or maintenance of the art may result in the nonacceptance of the art. 5.0 SITE SELECTION, INSTALLATION, MAINTENANCE/CONSERVATION, STORAGE AND INSURANCE 5.1 Site Selection: The Municipality or its designate shall coordinate the site selection of appropriate locations for the installation of Public Art on Municipally-owned or controlled public spaces, in accordance with strategic guidelines developed by the Arts, Culture & Heritage Committee. 7
5.2 Installation: The Artist(s) is generally responsible for the installation of all works of art that the Municipality has acquired. All contractual requirements with the Artist(s) shall be overseen by the Municipality, and are identified, in advance, through the agreement of purchase, commission, donation or rental contract. All acquired works shall be condition reported upon receipt, and any problems found will be referred to the artist/lender for resolution. 5.3 Maintenance and Conservation: 5.3.1 Municipal Responsibility: The Municipality shall assume maintenance and conservation efforts for all Public Art, in accordance with the approved maintenance/conservation plan required for each piece. Development of the maintenance/conservation plan is the responsibility of the artist and shall be submitted with the proposal at the time it is being reviewed by the Public Art Jury. 5.3.2 Maintenance/Conservation Plan: The plans shall include, at a minimum, a maintenance dossier, shop drawings, manufacturers' lists, key contacts (including the Artist), and maintenance and/or conservation specifications and budgets. 5.4 Storage The Municipality shall ensure appropriate short- and long-term storage, as needed, for all works with its Public Art inventory. This does not include new works under development by an Artist. 5.5 Insurance: All Municipal Public Art eligible for insurance coverage shall be insured under the Municipality's Insurance Policy. 5.6 Recognition All reasonable efforts shall be made to ensure that each piece of art in the Municipal Public Art Inventory is annotated with the name of artist and/or donor, the title of the artwork, and the artwork's creation date. 8
.. 6.0 AGREEMENTS AND DE-ACCESSIONING: 6.1 Agreements: The Artist, donor or loaner shall enter into a written agreement with the Municipality following the approval of the acquisition of the Public Art. This agreement shall address the Municipality's obligations (as described herein), and the Artist's, donor's or loaner's obligations, including, but not limited to: Materials Timelines Installation Maintenance and/or Conservation plans (and, where applicable, funding) Warranty Copyright Payments to sub-contractors Duration of art display and/or retention period 6.2 De-accessioning: 6.2.1 The de-accessioning of Public Art shall occur following a comprehensive assessment undertaken by the Municipality or its designate. Public Art may be de-accessioned under the following situations: The Public Art is deteriorating and restoration is not a feasible option;. The Public Art is no longer relevant to the Municipality's inventory; The Public Art is discovered to have been stolen, or was offered to the Municipality for acquisition using fraudulent means; Other unforeseeable circumstances that offer no feasible alternative course of action. 6.2.2 The Arts, Culture & Heritage Committee shall be responsible for preparing a report providing the justification for recommending the de-accessioning and the method of disposal. 6.2.3 In the event of accidental loss, theft, or vandalism, the Municipality retains the right to determine whether replacement or de-accessioning of the artwork is appropriate. 6.2.4 The de-accessioned art may be returned to the artisudonor, moved, sold, or destroyed. All reasonable efforts shall be made to attempt to return the art to the artist/donor prior to considering other options. Any monies received through the sale of the Public Art shall be transferred to the Public Art Reserve Fund. 9
", 7.0 COMMUNITY ENGAGEMENT AND EDUCATION: 7.1 Community Engagement: The Arts, Culture & Heritage Committee shall be responsible for ensuring that the community has the opportunity to engage with Public Art by: Providing opportunities for community input and involvement; Supporting community art projects led by Artists, when appropriate; and Encouraging the identification of Public Art opportunities by local artists. 7.2 Community Education: The Arts, Culture & Heritage Committee shall be responsible for ensuring that the community has the opportunity to learn about Public Art by: Hosting, or arranging for, workshops, open houses and related educational opportunities; Encouraging youth participation in arts and culture activities; and Providing updates to the community vis-a-vis Public Art acquisitions and de-accession ing. 10
--- --r THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT BY-LAW NO. 50-10 BEING A BY-LAW TO ADOPT A PUBLIC ART POLICY FOR THE MUNICIPALITY OF SIOUX LOOKOUT WHEREAS Section 9 of the Municipal Act, 2001, as amended, grants a municipality the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and C) WHEREAS the Council of The Corporation of the Municipality of Sioux Lookout deems it necessary to implement a Public Art Policy; and WHEREAS implementing policies is deemed to be a natural person power; and WHEREAS Subsection 5(3) of the Municipal Act, 2001, requires that all municipal powers, including natural person powers, are exercised by by-law; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT ENACTS AS FOLLOWS: 1. THAT Policy No. 14-2, attached hereto, is adopted as the Public Art Policy for The Corporation of the Municipality of Sioux Lookout. 2. THAT this By-Law shall come into force and take effect on the date of its final passing. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS FIFTEENTH DAY OF SEPTEMBER, 2010. ( ~, ' ( ) \ I () ;...- ( ". () (,' () I I 1 (., Ii :..'() (.. {' i // /, \ \ o bmk: Aug/18/1 0