Agenda of Public Art Panel Meeting

Notice of Meeting

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Public Art Panel Meeting

A Public Art Panel Meeting of Byron Shire Council will be held as follows:

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 28 September 2017
Time	9.00am

Mark Arnold

Director Corporate and Community Services I2017/1354

Distributed 22/09/17

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 Presentations on Public Art Projects

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2017/1301

Theme: Society and Culture

Community Development

Summary:

The Public Art Panel are requested to allow time for presentations to Panel members.

RECOMMENDATION:

That the Public Art Panel receive presentations on the following projects:

1. Mullumbimby Sculpture Walk

2. Brunswick Nature Sculpture Walk

Attachments:

1 Mullumbimby Sculpture Walk - Evolving Sculpture in Mullumbimby_Brochure_A4_Bi-fold-v2, E2017/88517 , page 6⇩

2 MULLUMBIMBY SCULPTURE WALK - sample expression of interest used, E2017/88515 , page 8⇩

3 Overview and history of Brunswick Nature Sculpture Walk, E2017/88520 , page 13⇩

4 Seeking Sponsors Document - Brunswick Nature Sculpture Walk, E2017/88521 , page 16⇩

Report

The Public Art Panel are requested to allow time for the following presentations to Panel members:

· Mullumbimby Sculpture Walk (Suvira McDonald)

· Brunswick Heads Nature Sculpture Walk (Sam Moss)

Attachments are provided which Panel members can review prior to the meeting which provide an overview of the projects.

The Public Art Panel requested a presentation about the Mullumbimby Sculpture Walk following a request to approve a public art piece for the walk at the 4^th May meeting. The Panel were interested at the time in the Expression of Interest process used by the Mullumbimby Sculpture Walk committee.

Sam Moss has requested to provide presentations about the Brunswick Nature Sculpture Walk to the Panel.

The Panel may elect to make some recommendations to Council arising from these presentations.

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 4.1 - Attachment 2

MULLUMBIMBY SCULPTURE WALK

Expression of Interest

To prepare design concepts for a

new Public Art Work in Mullumbimby

The recycle, reuse, renew and reinvent

Public Art Project

Creative Mullumbimby announces

our inaugural expression of interest process

to develop a concept for this exciting art project

Supported by:,

Creative Mullumbimby

Background

Located within the Mullumbimby Sculpture Walk, Palm Park on Brunswick Terrace are a cluster of items including:

· a water tap,

· a red lid wheelie bin

· and a disused unloved public barbecue earmarked for demolition by Byron Shire Council:

and in close proximity to:

· a streetlight

· a large picnic table and seating

· pathway lined with native grasses, shrubs and trees alongside the Brunswick River.

A local resident suggested to a council officer that rather then demolish the barbecue its concrete and brick base could be recycled as part of a work of art. Out of this initial simple notion emerged the broader idea of an environmental work of art on the theme of:

recycle, reuse, renew and reinvenT

This Project has A BUDGET of AROUND $30,000, Currently holding around $8,000.

the balance will be raised through a combination of Crowd Funding and GranTs.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 2

Project Brief

The tap, bin and barbeque are unloved and ugly pieces of park furniture that should be incorporated into a single environmentally themed work of public art that “recycles, reuses, renews and reinvents” mundane public infrastructure. As the name suggests, this project has a broad environmental theme, interpretations of this brief can incorporate political and social comment on issues such as:

· Heavy use of bottled water for drinking;

· Resource and waste management; and

· Consumption

The essential elements of the artistic brief are:

1. The disused barbecue base should be recycled and incorporated into the work. There is no intention of it being used again as a barbecue.

2. Currently there is one red landfill bin, although in the near future a yellow recycling bin will be added. The red bin is often used by people depositing their domestic rubbish, associated with this there are the antisocial issues of people overfilling the bin and driving cars over the park to access the bin. The artwork should attempt to address and resolve these issues by covering, disguising, and/or celebrating the bins without compromising their function. This might engage in a wider a educational process around waste management.

3. Recognising that the simple brass garden tap is used for bush regeneration along the river, it also presents an opportunity to create a new artistic drinking fountain with education about reducing plastic water bottle use.

4. The artwork should incorporate all three in a single work that surprises and reinvents their function.

5. The artwork should be "site specific" responding to its physical and cultural context, but this can be interpreted in a variety of ways. Particular physical elements nearby are the picnic table, the overhead light, the cycle path and the Landcare regeneration work along the river.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 2

Content of Expressions of Interest

The expression of interest process will be in two parts.

Part 1 - Concepts for Shortlisting

This project does not seek to exclude amateur or student artists. If you have a really good concept we would seek to pair you with a professional to help the concept be realized. If you require assistance this should be stated in the EOI.

Present drawings, models, photo montage or animations in a form that best conveys the concept and addresses the artistic brief including:

· 100 - 300 word description of concept.

· Personal identification of your concept should be on a separate single A4 sheet that includes full contact information and a single image of the concept.

· No personal identification of the artist on physical submissions so that judging can be based on the merit of the artistic concept.

· A format that is easily displayed on the web, (provide a minimum of three JPEG files and an artist statement electronically).

Note shortlist judging will be preceded by a period when local people can comment on entries online.

Part 2 - Presentation of Shortlisted Concepts

Between 3 and 5 concept submissions will be shortlisted and asked to prepare more extensive submissions.

Short listed concepts will be determined by the expert panel based on merit and public comments.

Each shortlisted artist will receive $500 to prepare a final concept presentation.

Presentations must include:

· Additional presentation drawings or models if requested by the panel.

· An extended artist statement including:

o Description of how the fabrication of the project will be accomplished;

o Description of intended wider local community benefits; this might include how local people might be involved in fabrication for transfer of skills, resources or money.

· An overall budget for fabrication and erection. Creative Mullumbimby suggest the total budget to be a maximum of $30,000. We currently have $8,000 seed funding with the remainder to be set as a fundraising target through crowd funding and/or grants. If the budget is greater then $30,000 then this must be weighed in the judging process.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 2

Judging

Judging will be a panel of predominantly professional artists and at least one local community person. It will choose the best overall concept based on the following criteria in this order:

· Artistic merit of concept;

· Answers the brief, this includes functional and philosophical requirements, plus appropriateness to "site";

· Budget and practicality of fabrication;

· Wider public benefit fabrication of concept provides to Mullumbimby community such skills exchange or financial flow back into the community.

· Public reaction through comments.

Timeline

Entries for Shortlisting should be submitted by Friday January 20th 2017

Shortlisted concepts announced Friday February 3rd 2017

Final submission of shortlisted concepts by Friday February 24th 2017

The winner will be announced on March 11th at the Public Art Forum

After the announcement we will commence a crowd funding campaign plus applications for grants This will occur between March and June 2017.

Fabrication will occur in the second half of 2017

The project has a small starting budget of:

· $2000, thanks to excess fund raising for our new drinking water fountain in Stuart Street by The Mullumbimby Chamber of Commerce and our community.

· $5,000 seed funding from the Evolution of the Mullumbimby Sculpture Walk project (funded by Arts NSW)

This does not include funding for the administration of the expression of interest process, which is also funded by the Evolution of the Mullumbimby Sculpture Walk

Submissions and More Information

Submissions are to be presented by:

Mail or in person: Unit 9, 6-8 Burringbar Street Mullumbimby

Email: info@creativemullum.org.au

The organisers of this expression of interest process do reserve the right to choose more then one concept for fabrication or no concepts depending on the quality of the concepts presented.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 3

Who we are

We are a Not for Profit organisation. The committee is made up of artists, designers, publicists, educators, environmentalists, event managers, small business owners, curators, and community residence. Through interactive installations and workshops we endeavor to create a sculptural walk along the foreshore of Brunswick Heads, an event held triennially in October will enliven the site as an experience of man in nature, 2018. It is a free, grassroots event, developed to be sensitive to the environment. Sculptors, community and visitors are able to respond to the site and contribute to its evolving nature.

This diverse landscape with wetlands, coastal scrub, rivers, ocean dunes and open parklands lends itself to sculptural installations that raise awareness and connect to community through Art and Nature. Artists and educators that help explore the environment as a source of healing.

The event in 2015 attracted over 10,000 visitors over 4 days. Bringing over 2 million dollars into the local economy.

'Nature 2018' Brunswick Sculpture Walk invites nationally recognised artists to present works from the popular to the conceptually demanding. It also provides much needed opportunities for regional artists to engage with community and offer workshops and mentoring to local artists in different regions and states.

Visitors can also engage with a range of artworks on display, including art and environment workshops, guided tours, and talks. Nurturing through art in the landscape.

Our History

• In 2012 The ‘Brunswick Nature Sculpture Walk’ was founded and included into the ‘Brunswick Heads Strategic Plan’ for the Byron Shire.

• In 2013 we received a CASP grant from ‘NSW Regional Arts’ Grant‘ - Fishtales’, a ceramic wall mosaic in Torakina Part, Brunswick Heads. This involved 800 community members, educating community groups and visitors about our local marine life through public and school run workshops.

• In 2015, Inaugural BNSW was held, with 45 national and local artists exhibiting sculptures set amongst the landscape of Brunswick Heads. Including workshops, Nature Walks and talks with Artists, Schools, and Environmental organisations e.g. Brunswick Valley Land Care, Brunswick Heads Dune care, Byron Bay Bird Buddies, Byron Bamboo, and Sustainability Byron Shire.

Our Achievements

A successful 2015 ‘Brunswick Nature Sculpture Walk’ event

• 3 Established Awards for excellence in sculpture ‘Brunswick Sculpture Award’ – in recognition for a work which reflects an environmental issue, ‘People’s Choice Award’ and ‘Local Artist Award

• 2 Permanent acquisitions, Joanne Mott – ‘Simpson's Sofa’ and David Walsh – ‘Oh My Cod'

• 15 permanent sculpture sites approved by Byron Shire Council.

• Commitment from artists and community to support a triennial event.

• A Documentary Film produced of ‘BNSW’ 2015’, interviews with 12 Sculptors about their arts practice.

• ‘Documentary Film and Small Sculptures Exhibit’ at the Brunswick Picture House accompanying exhibition Launch Oct. 2016

It is a locally loved, significant outdoor sculpture event with ongoing acquisitions.

Our relationships

We have committed community support and are again seeking to gain sponsorship and funding through various organisations to help maintain this quality event.

The following organisations sponsored our 2015 event

• Brunswick Heads Progress Association – Aspicing body 2015 /18

• Byron Shire Council, The Brunswick Chamber of Commerce, The Byron Shire Echo, Byron News, Bay FM

• Tweed Regional Gallery –judging committee and providing workshop facilities for 2018 event.

• Southern Cross University - judging committee. Student professional practice support program – ‘Live Ideas’ mentored by BNSW Artists, Participation of three 3rd year Sculpture students in the 2015 BNSW.

• Local schools participating in workshops facilitated by professional artists in 2015. Mirra – Winni Gaze, Joanne Mott, Sue Davidson and Kathleen Browne building links in community, students learn about their local Environment, Culture and Sustainability through arts related expression. ‘Nature as a means to place and connection’.

• 20 local businesses sponsorships and in-kind donations from organisations in Byron Shire and continue to align ourselves with businesses that have a similar ethos

• 100 community volunteers

Testimonials

“I loved that nature was the theme and this made it completely different to other sculpture walks. The walk was very relaxing and the crowd was great!! The curating was excellent. My family loved the event.”

“A free event accessible for all and getting all sorts of people involved. A reflective event, people connected with nature, each other.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Membership changes to the Public Art Panel

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2017/1317

Theme: Society and Culture

Community Development

Summary:

A resignation of a Panel member and a change of staff at the Bundjalung of Byron Bay (Arakwal) Corporation Pty Ltd has resulted in a change in membership for the Public Art Panel.

RECOMMENDATION:

That the Public Art Panel recommend to Council to:

1. Note the resignation from Rebecca Townsend and provide a letter of thanks for her participation in the Public Art Panel;

2. Note the change of nominee for the Public Art Panel from the Bundjalung of Byron Bay (Arakwal) Corporation Pty Ltd.

Report

The membership of the Public Art Panel, according to the adopted constitution is as follows:

Membership

Council must appoint all Panel members. Appointment must take place prior to a member being conferred the responsibilities and rights as set out in this document.

Council may release individual members from the Panel at any time by a resolution of council. Council may also appoint any new members to a Panel at any time by a resolution of council.

Members will be selected because they have a broad base of experience and/or expertise in one or more of the following areas of public art:

· Public art curation and/or practice

· Landscape architecture

· Architecture

· Urban planning/ design

· Interior design

· Placemaking activities

· Public art sector development

· Public art policy

Membership is to include:

· 2 Councillors - Crs Hackett and Ndaiye

· community representatives with experience and/or expertise from the above as selected by Councillors

· A representative from Arts Northern Rivers

· A representative from Bundjalung of Byron Bay (Arakwal) Corporation

· General Manager (or staff member delegate)

Note: Staff members participating on the Panel do not have any voting entitlements.

A resignation was received from Rebecca Townsend on 19^th June which the Panel and Council are requested to note.

In addition, due to recent staff changes at the Bundjalung of Byron Bay (Arakwal) Corporation Pty Ltd, Gavin Brown is no longer the nominated representative. A request has been made to Bundjalung of Byron Bay (Arakwal) Corporation to nominate another representative to participate in the Public Art Panel.

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 4.3

Report No. 4.3 Public Art Strategy Principles

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2017/1300

Theme: Society and Culture

Community Development

Summary:

The Public Art Panel members have been discussing the need for a Public Art Strategy since the Panel’s establishment, that is, at the meetings held on 16^th March and 4^th May and more recently at a Strategy workshop held on 8^th September. The Panel are now requested to review the draft principles following the strategy workshop to inform the development of the Draft Public Art Strategy.

RECOMMENDATION:

That the Public Art Panel note the progress on the development of a new Public Art Strategy.

Report

As per Council resolution 17-218, part 6, an Expressions of Interest process to engage an appropriately qualified contractor to develop a Public Art Strategy was conducted, with Merran Morrison/ Public Artworks Pty Ltd being the successful contractor.

Merran has been collecting information relevant to developing a Strategy and presented some draft findings and ideas to the Public Art Panel workshop on 8^th September.

The Panel are now requested to review the draft principles following that workshop and adopt ‘in principle’ the ideas and way forward outlined.

Merran Morrison will provide a document for the Panel to review either by email prior to the Panel meeting, or at the Panel meeting on 28^th September.

The next steps will then include:

· develop a draft Public Art Strategy for further consultation;

· further refine the new draft Public Art Policy;

· request Council to adopt these new draft documents and place them on public exhibition for public comment; and

· once the new documents are finalised and fully adopted by Council, other documents need to be reviewed including the Public Art Guidelines and Criteria.

Financial Implications

The current public art budget balance for the 2017/18 financial year is $39,700.

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Guidelines and Criteria