Agenda of Public Art Panel Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§ Just because the person is a member of, or is employed by, the Council.

§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under Division 2A of Part 6 of that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1

Staff Reports - Corporate and Community Services

Report No. 4.1 New committee Code of Conduct training

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2017/250

Theme: Corporate Management

Governance Services

Summary:

The newly established Public Art Panel members are required to read and understand Council’s Code of Conduct.

A presentation on the Code of Conduct will be provided and members asked to sign that they have read and understood their responsibilities under the Code.

RECOMMENDATION:

That the Public Art Panel receive a presentation about Byron Shire Council’s Code of Conduct.

Attachments:

1 PDF of E2016 8002 Statutory Policy Code of Conduct 2016 (adopted 4 2 16 Res 16-21) (Supersedes E2013 12377) (Statutory_Policies) (Statutory_Documents), E2017/16255 , page 7⇩

Report

The newly established Public Art Panel members are required to read and understand Council’s Code of Conduct.

A presentation on the Code of Conduct will be provided and members asked to sign that they have read and understood their responsibilities under the Code.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Code of Conduct

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Election of Chair for the Public Art Panel

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2017/264

Theme: Society and Culture

Community Development

Summary:

This report provides a copy of the Public Art Panel Constitution and requests the Panel elect a Chairperson. The report also requests the members of the Public Art Panel familiarise themselves with the current Public Art Guidelines and Assessment Criteria.

RECOMMENDATION:

That the Panel:

1. Note the attached Constitution (or Terms of Reference),

2. Elect a Chairperson,

3. Note the current Public Art Policy and Public Art Guidelines and Criteria.

Attachments:

1 PDf of E2017 14185 Constitution Public Art Panel February 2017 (incorporating resolution 17-048, E2017/16259 , page 30 ⇩

2 PDF of DM1038499 Policy Public Art (Adopted Res 10-830) (Current_Policies), E2017/16260 , page 30⇩

3 PDD of E20174 72474 Revised Public Art Guidelines and Criteria following resolution 14-471 October 2014, E2017/16263 , page 30⇩

Report

Welcome to the newly established Public Art Panel. Members are appointed to the Public Art Panel for the term of Council which is expected to conclude in September 2020.

Please find attached the Public Art Panel Constitution (or Terms of Reference) for the Panel’s information. Note the purpose of the Public Art Panel, as stated in the constitution is:

The purpose of the Public Art Panel is:

a) Advise Council on Public Art trends and issues and manage expectations of the Byron Shire community.

b) Assist Council in meeting the objectives of the Public Art Policy.

c) Devise a strategic Public Art Statement, which sets out a proactive approach to public art in the Byron Shire.

d) Assess public art donation and loan proposals against the Public Art Guidelines and Criteria and provide recommendations to Council.

e) Provide advice, if required, pertaining to Public Art in private developments as per the Development Control Plan for Public Art and the Public Art Strategy.

The Panel is requested to elect a Chair. As outlined in the attached Constitution, the election of Chair is:

The position of Chairperson is to be elected from Councillors comprising the Panel but only in circumstances where the Mayor elects not to assume the position of Chairperson.

The new Public Art Panel are also requested to familiarise themselves with the current:

Ø Public Art Policy

Ø Public Art Guidelines and Criteria which are used to assess public art proposals.

The Panel can note that the 2017 Public Art Panel meetings are as follows:

Thursday 4 May 9am – 11am

Thursday 28 September 9am – 11am

Thursday 30 November 9am – 11am

Financial Implications

Nil

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2 - Attachment 3

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2 - Attachment 3

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3

Report No. 4.3 Public Art - A more strategic approach

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2017/254

Theme: Society and Culture

Community Development

Summary:

Following several years of managing public art in Byron Shire, it is timely to review the approach. This report outlines some of the limitations with the current policy and process and recommends a new strategic approach be implemented.

The report provides information and poses a number of questions for the new Public Art Panel to consider in order to develop new policy and processes to manage public art.

RECOMMENDATION:

That the Public Art Panel:

1. Consider the approach outlined in this report and provide guidance in developing a strategic framework for the future management of public art in the Byron Shire, and

2. Review the draft Public Art Policy attached and recommend to Council to place the new policy on public exhibition prior to adoption.

Attachments:

1 PDF of E2016 79294 Draft Public Art Policy - reviewed September 2016, E2017/16257 , page 30 ⇩

Report

Byron Shire Council developed of a Public Art Policy in 2010, followed by development of Public Art Guidelines and Criteria which provide a framework for managing public art.

The first Public Art Assessment Panel (PAAP) was established in 2013 and operated up until Council elections in September 2016, using the Public Art Guidelines and Assessment Criteria to assess various public art applications and undertake occasional commissions. The Terms of Reference for the PAAP were:

to review and provide objective independent recommendations to Council in relation to Public Art Projects including aesthetic issues, value for money, safety possibility of theft, maintenance required etc and to ensure the Public Art Guidelines and Assessment Criteria have been applied consistently and equitably for all applications.

Typically the PAAP dealt with small scale projects. Many of the projects were instigated by artists approaching Council on an ad hoc basis and the process has not been very successful in strategic attraction of high quality public art.

There is an opportunity for the approach to be more strategic and streamlined, rather than continuing to deal with small, ad-hoc art projects.

Feedback from the Public Art Assessment Panel prior to their disbanding supports this view:

· Rather than ad hoc submissions, it would be better to call for expressions of interest once or twice a year;

· Need to link in with Masterplan work that is underway;

· There are areas in the Shire with no public art;

· Small budget frustrates the process;

· Need to think about how to manage Council’s visual art collection;

· There are lessons to be learned from the Placemaking Seed Fund project conducted in 2016.

In dealing with artists around the process outlined in the Guidelines it has been identified that the current ‘one process fits all’ is onerous when dealing with ‘community art’ projects, such as murals on walls and other small projects. Staff have identified that there needs to be one process for dealing with small community art projects, and a different process for high end strategic public art projects. One suggestion is that the Public Art Panel focus on the high end, strategic public art direction and projects, and that an internal staff group manage the small scale, low budget community art projects.

Arts Northern Rivers held a roundtable forum in May 2016 inviting representatives from each local government area in the Northern Rivers to understand how public art is managed across the region and look for collaboration opportunities. It was identified that no one process was the same.

Staff have identified a process for establishing a more strategic approach for public art in Byron Shire through the following steps:

1. Review how other local government areas manage public art and obtain advice from the new Public Art Panel;

2. Review the Public Art Policy;

3. Consider a Public Art Strategy to identify the strategic direction for public art in the Shire;

4. Review the Public Art Guidelines and Criteria;

5. Review the process and materials for artists in applying for public art projects.

Staff have reviewed several public art documents from various other local government areas including: Tweed Shire Council, City of Sydney, Brisbane City Council, Gold Coast City Council, Melbourne City Council, Tasmanian Government and other regional and metropolitan areas.

A new Public Art Policy has been drafted incorporating the considerations above. The new policy has the following features:

· Provides definitions of ‘public art’, ‘community art’ and ‘place-making’;

· Focuses on art on public owned or managed lands; art in private development and Council’s visual art collection.

The Public Art Panel are requested:

1. to consider the approach outlined in this report and provide some guidance in developing a strategic framework for the future management of public art, and

2. review the draft Public Art Policy attached and make a recommendation to Council to place the new policy on public exhibition prior to adoption.

Questions for discussion:

· What is public art vs community art? Is this defined in terms of project cost, scale or scope?

· How does public art fit with place-making?

· What might be included in a strategic program for public art?

· What other considerations should be included in a strategic framework, for example, a four year program based on specific locations or based on a curated public art program?

· How does a proposed public art strategy work with the Masterplan work that is underway across the Shire? Are there place-making/ public art projects or are there public art projects outside the Masterplan areas?

Staff from the Strategic Planning section of Council will provide a verbal update on the master planning work occurring within the Shire.

Financial Implications

The remaining public art budget for the 2016/17 financial year is $21,000. This budget may or may not be carried forward into the new financial year.

The draft budget allocation for public art in the 2017/18 financial year is $16,900.

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4

Report No. 4.4 Public Art Proposal - Feather and The Goddess Pool

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2017/266

Theme: Society and Culture

Community Development

Summary:

A proposal has been received by Council to purchase a photographic print titled: Feather and the Goddess Pool. This report provides the relevant information for the Public Art Panel to make a recommendation to Council.

RECOMMENDATION:

That the Public Art Panel recommend to Council that whilst the quality of the artwork is noted, Council not purchase the artwork as proposed for the following reasons:

1. That Council does not have an appropriate location or conservation strategy for the artwork;

2. That Council is focusing on more strategic public art acquisition, rather than individual small artworks purchases.

Attachments:

1 PDF of E2017 14250 Artist Statement - Feather and the Goddess Pool by Natalie Grono, E2017/16267 , page 30 ⇩

2 PDF of E2017 14251 Public Art Maintenance Manual for Feather and the Goddess Pool by Natalie Grono, E2017/16268 , page 30 ⇩

3 PDF of E2017 14249 Public Art Asset Application for Feather and the Goddess Pool photo from Natalie Grono, E2017/16265 , page 30 ⇩

Report

A request has been received by Council to purchase a photographic print.

The artist has written to Council as follows:

I would like to offer the opportunity to Byron Shire Council to purchase the photograph work titled “Feather and the Goddess Pool” for their permanent collection. The work is a portrait of Byron Bay identity, Feather posed at Little Wategos Beach. The famed image won the National Portrait Prize Peoples Choice award in 2015 and also reached international exposure. The artwork has just been returned after national tour and it is my wish to have this important work acquired in the Byron region.

The Public Art Guidelines and Assessment Criteria provide a process and a number of Appendices including templates for completion by artists and Council for public art acquisitions. Attached to this report are the completed forms for the Public Art Panel to consider this request, including:

· A Public Art Asset Application

· An artistic statement

· A Public Art Maintenance Manual for the artwork

The Public Art Panel may need to consider this as part of Council’s visual arts collection. Council’s visual art collection includes artworks that have been donated to Council, bequeathed, or acquired through various Art Prizes over a number of years. The collection includes 71 paintings or photographs, the fish in the foyer (18), 17 photos of previous Councils or Councillors (dating back to 1906) and two photos of the Queen.

Previously there has been no policy or active management of Council’s visual art collection and Council currently does not have the resources to actively manage this collection. Many of the current visual artworks hang in the Council Administration office throughout the building as public space available to display the artworks is limited.

If the Public Art Panel make a recommendation to Council to purchase this work, some thought will be required as to where it will be displayed and how it will be conserved.

Financial Implications

The artwork is for sale to Council for $3,200.

The remaining public art budget for the 2016/17 financial year is $21,000. This budget may or may not be carried forward into the new financial year.

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Guidelines and Criteria

Venue	Meeting Room 1, Station Street, Mullumbimby
Date	Thursday, 16 March 2017
Time	9.00am