HomeMy WebLinkAboutDSD-2021-173 - Public Art Sculpture Moments, McLennan Park and Public Art Policy AmendmentREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:November 8, 2021
SUBMITTED BY:Emily Robson, Manager, Arts & Creative Industries,519-741-2200
ext.7084
PREPARED BY:Karoline Varin, Public Programs Administrator, Arts & Creative
Industries, 519-741-2200ext.7912
WARD(S) INVOLVED:6
DATE OF REPORT:October 20, 2021
REPORT NO.:DSD-2021-173
SUBJECT:PUBLIC ART SCULPTURE “MOMENTS”, MCLENNAN PARK AND
PUBLIC ART POLICY AMENDMENT
RECOMMENDATION:
That the deaccessioning anddispositionofthe sculptural public artwork titled
“Moments”, located in McLennan Park,as outlined in Development Services
Department report DSD-2021-173be approved; and,
That thedisposition methods prioritize an option that seeks to keep the work in the
public sphere; and further,
That Public Art Policy GOV-COR-816 be amended, as outlined in Report DSD-
2021-173, to include a new section 4.19 identifying the reasons and process for
deaccessioning artwork from the city’s public art collection.
REPORT HIGHLIGHTS:
The purpose of this report is to seek approval for deaccessioning the public art
sculpture Momentsand to add a deaccession clause to Public Art Policy GOV-COR-
816.
The key finding of this report is thatconsidering the safety of park visitors, available
budgets and costs, that deaccessioning of the artwork is prudent.
The financial implications arethe approximate cost of removal of the sculpture from
the park estimated at$2700.
Community engagement included consultations with industry experts and city staff,
as well as the City’s Public Art Working Group and Arts & Culture Advisory
Committee.
This report supports the delivery of core services.
BACKGROUND:
McLennan Park sits atop of the former Ottawa Street Landfill and is under the shared
management of the Region of Waterloo (responsible for the management of the former
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
landfill beneath the park) and the City of Kitchener (responsible for the management of
park amenities and infrastructure). The park opened in 2011.
The park is home to Moments,a sculpture made from aluminum tubing by Gary
Houghton. The public artwork was commissioned through the Public Art Policy in 2011 to
coincide with the opening of the park. The commission cost $50,000 in 2011.
This artwork has sustained damage over the years: a number of joints in the sculpture
have become damaged or have fallen off, and cracking continues to appear. It is
suspected that the damage is due to site settlement, significant windexposure, weight of
the artwork, and the sculpture being used as a climbing frame by park visitors.
Timeline of maintenance challenges:
Two years after installation, in 2013, GP Heritage Consulting noted in their
conservation review of the city’s public art collection, that the remote location,
combined with little or no surveillance, places this artwork at greater risk from
vandalism.
In the summer of 2020, once again it was noted that pieces were broken off,
indicating that the sculpture was still being climbed.
Arts & Creative Industries (A&CI)staff were informedthat repairs which would
require extensive welding, could not be executed onsite due to the proximityof
methane vents.
In the fall of 2020, A&CIstaff engaged MTE Consultants to complete a structural
condition assessment. The report indicated that it wouldbe unlikely, even if
repaired and reinstalled, that the sculpture would be able to sustain the site
conditions and use in this, or any other,outdoor/public environment.
In the spring of 2021, parks staff noted the base of the sculpture starting to lean
to one side.At this time, the leaningdoes not pose a public risk.However, it
was noted that since the construction of the artwork is not robust, if the lean
becomes greater, it will warrant removal for re-levelingto ensure safety.
REPORT:
As outlined in the artist agreement, the artwork became part of the city’s public art
collection by acquisition. As stewards of the collection, city staff is mandated to keep the
artwork safe and well-maintained. A&CIstaff has considered the artwork’s theme,
damage sustained over timeand site conditions, recommendations from engineers and
aconservator, and reached out to repair companies and internal expertsto determine the
best course of action.
Staff considered the option of afull restoration of the artwork. As advised by industry
experts,due to safety concerns arising from the current structural instability of the work,
thechallenging environmental conditionsand public useofthe site, the artwork should
notbe re-sited at McLennan Parkor any outdoor site.Noalternativeindoor city locations
have been confirmed at this time. In addition, A&CIstaff obtainedindustry quotes on
restoration/repairat an off-site workshopand relocationandfound these to be extremely
high,potentially in excess of the original commission costs.
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As per copyright standards, multiple efforts have been made to connect with the artist,
Garry Houghton, aboutthe artwork, but these attempts have not been successful.
Taking into considerations the risk to public safety, very high costs of repair,staffis
recommending deaccessioningthe artwork with intent of disposition. Although rare with
the city’s collection, this is a common practice at galleries and museums. Deaccessioning
is a necessary and appropriate tool in collections management. Ifan object does not fit
the organization’s scope of collections, cannot be cared for properly or poses a hazard to
staffor the public, the object may be considered for deaccessioning.
Staff have worked to create a removal plan for the piece.The disposition of the artwork
will be done in accordance with the city of Kitchener purchasing by-law and policies in
collaboration with Procurement.In accordance with the City’s Public Art Policy, should
future major capital investments be planned for McLennan Park, a 1% contribution to a
new public art piece would represent the most appropriate method for reintroducing
public art within the park.
The Public Art Working Group (PAWG) made a motion to deaccession the artwork on
September 13, 2021 and to amend the policy to include the deaccession clause. The
Arts and Culture Advisory Committee (ACAC) made a motion to add the deaccession
clause to the public art policy on September 21, 2021. However, it suggested to staff to
further investigate options for alternative locations for re-siting the work, approaches to
restoration and funds, specifically from outside sources, to support the remediation of the
artwork.In response, staff investigated further, and concluded these approaches were
not viable. Staff presented the findings at a joint PAWG and ACAC committee meeting
on October 19, 2021. Subsequently thefollowing motion was carried by both committees:
“That the deaccessioning and removal with intent to disposition the public artwork called
Moments in McLennan Park, be approved. Further, that disposition methods prioritize an
option that seeks to keep the work in the public sphere.”
Policy Amendment:
Furthermore, currently Public Art Policy GOV-COR-816 does not include a deaccession
clauseto address situations where such an action may be warranted.Staff proposes to
add a deaccession clause to the policy. The Policy including proposed changes have
been included in Appendix A, specifically section 4.19which has been highlighted.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The Public Art Maintenance capital account supports the restoration and remediation of
works in the public art collection.Deaccessioning of the artworkis the most economical
option, costing$2700 for removal and disposition.The Public Art Maintenance capital
account would support that cost.
COMMUNITY ENGAGEMENT:
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INFORM –This report has been posted to the City’s website with the agenda in advance
of the council / committee meeting.
CONSULT –GP Heritage Consulting initially evaluated the sculpture in their conservation
review of the city’s public art collection. More recently, A&C staff engaged MTE
Consultants to complete structural condition assessment. This company along with Don
and Erb Construction company also gave their input on the lift of the ground beneath the
sculpture and safety concerns.
APPROVEDBY: Readman, Justin -General Managerof Development Services
ATTACHMENTS:
Attachment A –amended Public Art Policy GOV-COR-816
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APPENDIX A
POLICY Policy No:GOV-COR-816
Approval Date:December 8, 2008
Policy Title:PUBLIC ART POLICY
Policy Type:COUNCILReviewed Date:July 2016
Next Review Date:July 2021
Category:Governance
Reviewed Date:
Sub-Category:Corporate
Last Amended: November 14, 2011
Author:Author Unknown
Replaces:I-816 Public Art
Dept/Div:CAO/Economic Development,
Arts & Culture
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1.POLICY PURPOSE:
Kitcheneris a vibrant community where the best forms of public art explore our
diversity, tell our stories, and welcome artists to use creativity and imagination to
make our public spaces landmarks and gathering places.
The goal of the public art policy is to contribute to the City’s cultural identity and its
strategic priorities. Better quality of life, increased social cohesion, good urban
design, broad community involvement, increased potential for economic
development and public access to the arts are some of the intended benefits.
2.DEFINITIONS:
Public Art: original art works, permanent or temporary, in any medium or discipline,
placed, incorporated or performed in publicly accessible indoor or outdoor locations
in response to the site and for the benefit of the public.
For the purposes of this policy, Public Art does not include plaques, archival
collections or heritage assets already supported by other budgets, committees and
policies.
3.SCOPE:
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POLICY APPLIES TO THE FOLLOWING:
All Employees
All Full-Time EmployeesAll Union
ManagementC.U.P.E. 68 Civic
Non UnionC.U.P.E. 68 Mechanics
TemporaryC.U.P.E. 791
StudentI.B.E.W. 636
Part-Time EmployeesK.P.F.F.A.
Specified Positions only: Other:
CouncilLocal Boards & Advisory Committees
3.1 The policy serves the City of Kitchener’s many neighbourhoods. It supports
the development of partnerships with the general public, the arts community
and arts service organizations, and with institutional and private sector
partners.
3.2The policy supports:
(a)Involvement of citizens, including young people, in public art projects
whenever possible;
(b)Opportunities for the involvement of educational institutions whenever
possible; and,
(c)The continuation of current youth programming.
3.3Two citizen advisory committees are directly involved inthe public art program:
the Arts and Culture Advisory Committee and the Public Art Working Group.
3.4 The policy affects the following City departments: Economic Development,
Finance, Legal, Facilities Management, Community Services, and
Development andTechnical Services (Planning, Engineering). The Arts and
Culture Unit, Community Services Department, is primarily responsible for
policy implementation.
3.5 The policy governs programming which results in the permanent acquisition
and/or temporary display of public artworks. Program funding derives from a
one percent allocation applied to civic projects with construction budgets over
$100,000. The municipal public art collection develops through this program.
3.6Eligible projects include new construction or construction that achieves major
changes in the scope of the facility such as new programs, services or
functions. This does not include projects where only routine maintenance is
being carried out.
3.7 The policy does not govern programming under the Industrial Artifacts Project
title, nor the Artist-in-Residence program.
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4.POLICY CONTENT:
4.1Through the public art program, the City acquires art works of excellent quality
for the purpose of permanent or temporary displays in public places such as
civic buildings, civic plazas, streetscapes, and open spaces (parks, trails).
4.2A master plan for public art contains strategies for the best use of funding and
preferred sites based on specific criteria. Criteria for preferred public artsites
and art works include high visibility locations and appropriate scale, ease of
public access, relevance to the community, ease of maintenance, consistency
with the City’s Urban Design Guidelines and Neighbourhood Design
Guidelines, quality of the art work, budget considerations and equitable
distribution of sites throughout the City.
4.3 One percent of the costs of civic projects with construction budgets in excess
of $100,000 are allocated to a consolidated public art capital account. The
maximum allocation at the one percent contribution is $300,000.
4.4 Civic construction projects contributing to the consolidated capital account are
eligible for a public art project as follows:
(a)Projects that generate less than $10,000 (e.g. one percent of a capital
budget less than $1 million) are supplemented from the consolidated
account to the $10,000 level for any one public art project
(b)Construction projects that generate more than $100,000 (e.g. one
percent of a capital budget greater than $10 million) will consume 60%
of the one percent allocation for their public art project. The remaining
40% of the one percent allocation is contributed to the consolidated
fund for use by smaller projects and to complete the priorities of the
community as expressed in the public art master plan.
(c )Construction projects that generate an amount between $10,000 and
$100,000 will consume the exact amount of the percent allocation for their
public art project.
4.5 The program offers a choice of options for municipal public art projects:
(a) Public art projects at civic sites; public art projects at priority sites:
All potential sitesare assessed with the following criteria:
Ownership:The site should be owned by the City or there should be
assurance that an agreement for its use is attainable.
Public Exposure:If outdoors, the site should have complete
public visibility and unrestricted access at all times, and offer
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easy surveillance to minimize opportunities for vandalism. If indoors,
the site can be used and/or enjoyed by the public at least five business
days per week a year, less statutory holidays (252 days).
Significance:Locations of historical significance or that function
as gateways into districts and neighbourhoods provide special opportunities
for art work.
Safety and Preservation of Art Work:Sites where high levels of
chemical use for snow removal, or where maneuverability of snow
clearing machinery is required may present problems for some public
art installations. Medians in roadways may not be suitable sites due
to the level of riskcaused by vehicle collisions.
(b)Temporary installation projects such as digital projections on
the Berlin Tower,
(c)Promotion of the collection and public education.
4.6Civic construction projects are reviewed annually to identify those eligible for
one percent assessments. Eligible projects include: community centres, fire
stations, arenas, City Hall and other public-access facilities, Kitchener
Memorial Auditorium, parks and trails, and streetscape improvements with
elements of feature landscape designs.
These projects will be reviewed using the same criteria described in Section
4.5
4.7 The program continues to support public art objectives as described in the
Official Plan and other approved planning documents.
4.8The City engages in public art partnerships with the private sector, the
institutional sector, arts organizations, and other governments.
4.9 The City encourages the private development sector to participate voluntarily
in the percent for art program.
4.10In construction projects for which the City has provided grants or loans to an
outside agency, the terms of the loan or grant agreement include a
requirement for public art to be included in that project. The grant or loan must
be in excess of $100,000. The one percent allocation will not exceed
$300,000.
4.11 The public art collection is documented and maintained to the highest
standards.
4.12 IMPLEMENTATION
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4.13Roles and Responsibilities
4.13.1 The Arts and Culture Unit manages the public art program and is
responsible for project development and monitoring, competition
processes, collection management, communications, and
partnership creation. However, the program’s implementation
depends on participation from many departments in varying
degrees. These roles range from contract preparation to art work
maintenance.
4.13.2 The Arts and Culture Advisory Committee’s permanent sub-
committee, the Public Art Working Group (PAWG), provides
specialized advice on policy, program and projects and champions
the program in the community. All acquisitions, whether by
competition-derived commission, direct purchase, or donation, are
reviewed by PAWG and then by the Arts and Culture Advisory
Committee. This advisory committee support is communicated to
Council when recommendations are made. PAWG members
routinely serve on competition juries.
4.13.3Both the general community and members of the arts community
participate in competition juries to provide balance and stakeholder
involvement. Ward councillors are invited to participate on a public
art juries which serve their wards.
4.13.4Public art celebrations are designed to be public events.
4.14 Project Planning
Public art information is included in RFP documents for eligible construction
projects. With this approach, public art is integrated earlier into the capital
project for both efficiency and optimum results.
4.15 Acquisition Methods
A variety of acquisition methods are used to better serve the needs of unique
projects and situations and the overall mandate of the collection. Open
competition-generated commissions, invitational competition-generated
commissions, direct purchases and donations are used.
4.16 Jury Procedures
Competition juries ensure a fair public process through balanced participation
by community representatives, other project stakeholders and professional
arts community representatives. Competition juries function in accordance
with established procedures.
4.17 Technical Review of Proposals
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All commission proposals derived from competitions, and proposals for direct
purchases, are reviewed by an interdepartmental staff team and, as needs
warrant, by outside experts, to assess compliance with mechanical, structural,
health and safety, and maintenance requirements.
4.18 Education
Public education strategies include, but are not limited to, participation on
juries, communication tools such as signage, artist talks, brochures, website
information, and public art symposia.
4.19Deaccession
DEFINITION: Deaccessioning refers to the formal and permanent removal of
an item from the collection originally acquired on a temporary or permanent
basis.
The City of Kitchener reserves the right to remove objects from its public art
collection under the following conditions:
a)The item has been lost, stolen, or damaged beyond repair.
b)The item has deteriorated to a non-restorable condition where the costs
of conservation outweigh the value to the collection.
c)Duplication: The object is a duplicate of another one in the collection.
d)The item’s non-conformity to the collection mandate or problematic
changed cultural significance.
e)Endangerment of public safety.
f)Legal compliance (proof of ownership; maintenance of the integrity of the
public trust).
g)Site redevelopment.
4.19.1 Process of Deaccession
a)Deaccessioning will be by means of gift, exchange, sale or intentional
discard (destruction of an object that has lost its integrity or cannot be
gifted or sold). The method of disposition will be in accordance with the
City of Kitchener purchasing by-lawsin consultation with Procurement.
b)A decision to deaccession must be based on the recommendation of City
staff with consultation received from PAWG and ACAC. The consent to
deaccession shall be recorded in writing and remain as an integral part of
the documentation pertaining to the transaction and the object’s city public
art collection history.
c)The recommendation must be approved by Council.
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d)First consideration is given to a not-for-profit institution that can provide a
high level of care for the object and can continue to keep the object
accessible to the public. Second consideration is given to the disposal of
objects through public sale, and third disposal.
e)All proceeds from sale or auction of works shall be credited to the Public
Art Trust Fund.
f)In the event that artwork accepted by the City is to be deaccessioned or
moved, and it relates to or otherwise reflects the history of the City’s
Administration and Local Government (i.e. Portrait of Mayor, City Hall or
City owned facility), it will be donated free of charge to the City’s Archives
and be managed through the Corporate Records Management and
Archive Services Department in compliance with the Corporate Records
Management Policy.
g)The object will not be transferred for ownership to any employee of the
City, or any person associated with the program.
h)When there is any doubt on the legality of the disposition, consult
independent legal counsel.
i)The disposition must be documented:updated condition at time of
disposition including photographs, all agreements, correspondence,
record of the decision of the method of dispositionand any subsequent
use of any funds from the sale of deaccessioned artworks.
j)Ensure complete transparency and communicate the dispositionto the
public.
5.HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-Policy I-816 template re-formatted to new numbering system and
given number GOV-COR-816.
Formal Amendments
2010-08-20-As per Council directive
2011-11-14-As per Council directive
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