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 Byron Bike Rack Project in collaboration with Stone & Wood

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/640

Theme: Society and Culture

Community Development

Summary:

Following the finalisation of the Stone & Wood ‘Byron Bike Rack Project’ competition, this report requests the Public Art Panel to formally recommend to Council to adopt the winning design and note the installation of the bike racks in Byron Bay.

RECOMMENDATION:

That the Public Art Panel recommend that Council:

1. Note the success of the Stone & Wood Bike Rack project which proved to be an excellent collaborative effort between Council and Stone & Wood resulting in a benefit to the Byron Shire community;

2. Approve the donation of ‘Happy Hoops’, the winning design, in four locations in Byron Bay as public art sculptural bike racks

3. Note Council is responsible for the installation of the pieces from the Byron Streetscapes Renewal budget and the ongoing maintenance of them as for any public art piece owned by Council.

Attachments:

1 Larc Collective - Byron Bike Rack Project winners - Happy Hoops public art proposal, E2018/29659 , page 6⇩

2 Public Art Asset Application Registration Pro Forma_LARC Collective for Happy Hoops, E2018/29661 , page 15⇩

3 Public Art Maintenance Manual - Larc Collective for Happy Hoops proposal, E2018/29664 , page 16⇩

4 Public Art Risk Assessment - Larc Collective for Happy Hoops proposal, E2018/29668 , page 18⇩

5 Final approved locations for Stone & Wood Sculptural Bike Racks in Byron Bay - revised from original, E2018/29902 , page 22⇩

Report

The Public Art Panel have received information about the Stone & Wood Bike Rack project via a report at the 15 February 2018 Public Art Panel meeting. At that meeting, the six finalist’s designs were shown to Panel members and an update was provided by the three members selected from the Public Art Panel to be part of the judging process.

Stone and Wood held a winner’s announcement function at their headquarters in the Byron Bay Industrial Estate on 8^th March. The winners were the Larc Collective with their ‘Happy Hoops’ designs.

Attached is the public art proposal for Happy Hoops, outlining the designs, an asset application form, a maintenance manual and a risk assessment. These documents are all required for the Public Art Panel to recommend the project according to the Public Art Guidelines and Criteria.

Staff have met with the designers to discuss the location and installation requirements. The final approved locations are attached for the Public Art Panel’s information.

Stone & Wood are planning a community bike ride and launch when the Happy Hoops are installed. More details about the launch will be provided to the Public Art Panel when information comes to hand.

Financial Implications

The costs to Council for this project will include installation of the artworks. The designs will now be fabricated with installation scheduled for late May / early June 2018, funded from the ‘Byron Streetscapes Renewal’ budget and estimated to cost approximately $2,000.

There is no cost to the public art budget.

Statutory and Policy Compliance Implications

Public Art Policy

Draft Public Art Strategy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 2

bsc_logo_cmyk_solid_colour Public Art Asset Application pro forma

Please refer to Sections 6 and 7 of the Public Art Guidelines and Criteria.

Title of Artwork:

Happy Hoops

Name of Artist:

LARC Collective / Luke Jones & David Thompson

Type of Artwork Proposed:

Sculptural Bike Racks

Artwork Materials and Construction Details:

Metal construction and in either Stainless Steel or Powder Coated Steel

Date of creation (date of artwork)

29/1/18

Dimensions

900mmH x 1200mmW in 50mm square hollow Stainless-Steel tube construction.

Proposed Location of Artwork:

6 locations stipulated by Byron Council

Proposed Signage for Artwork:

Small engraved logo or plaque – Happy Hoops

Do you have public liability insurance?

Yes. Our cover is with CGU and if required our Policy can be reviewed upon request.

PI- $2 Mil / $4 Mil (as aggregate)

PL - $20 Mil

Procurement Method (check box as applicable):

Commission

Direct purchase

Donation

Loan – proposed period of loan:_______________

Date of Procurement:

deliver to the Byron Shire Council by 7 May 2018

Estimated Life of Artwork:

10 – 15 years on Stainless steel

12 months on Powder coated finish

Value of Artwork (estimate if unknown):

$20,000 total for 6 sites.

We note costs vary between designs $650 - $870 per unit.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 3

Public Art Maintenance Manual example

Please refer to Section 14 of the Public Art Guidelines and Criteria to ensure all aspects of maintenance are considered.

Maintenance Manual

HAPPY HOOPS

6 locations – refer to map in presentation

Completion date: 7 May 2018

Artist Details

LARC Collective – Luke Jones & David Thompson

1/10 Station Street, Bangalow, 2479

ABN: 75 620 053 018

Ph: 0411710320

Email: luke@larccollective.com

Artwork Details

Description

900mmH x 1200mmW in 50mm square hollow Stainless-Steel tube construction (SHS).

Artist Statement

The suite of Happy Hoops consists of Peace Loop, Wave Window, Sun

Follower and Rainbow Ring all eluding to the life we live in Byron Bay.

The culture of Byron and Northern Rivers is deeply rooted around the

beautiful environment we live amongst and each of the four elements

reflect this.

The functionality of each design has been key in its evolution

– pared back and simple, much like life in Byron Bay…

Materials

Metal construction and in either Stainless Steel or Powder Coated Stainless Steel

Fabricators and suppliers

Neil Mathie

N.A Mathie Steel Fabrications

Welding - Binna Burra, NSW 2479

Lot 4/ 911 Friday Hut Rd, Binna Burra NSW 2479

Maintenance Schedule

Routine maintenance

Remove grime with damp cloth weekly. Apply mild automotive polish to maintain original appearance.

Note: referring to original manufacturer for instructions is NOT acceptable

Details of any treatments, protection or coatings required or applied and the frequency of re-application and the recommended products.>>

Graffiti removal and repair to accidental or deliberate damage

Depending on the graffiti wash with soapy water using a clean cloth (and if necessary a Scotch-Brite pad). Remove non-washable deposits on stainless steel surfaces with a cream cleaner (non-abrasive) or commercial stainless steel cleaner. Clean in one direction along the original polish lines. Do not use steel wool or metallic scrapers. Should tea staining occur, clean with hot soapy water and a nylon Scotch-Brite pad.

Longevity of Artwork

12 month finish warranty (Powder coating)

10-15 year SS structure warranty. We note: the corrosion of stainless steel and steel parts due to use in a confined chlorinated environment or as a result of direct use in harsh seafront locations which are not covered under this warranty. Tea staining will occur on Stainless Steel and is not covered by this warranty.

Neil Mathie has extensive experience in using steel in the Northern Rivers and is a wealth of knowledge. Neil is confident our design will stand the test of time and is willing to assist Council with any repairs or advice.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 4

Public Art Risk Assessment

Please refer to Section 11 of the Public Art Guidelines and Criteria to ensure all aspects of risk assessment are considered.

Risk Assessment and Hazard Control Summary of Public Art

Risk Category & Hazard	Risk Rating	Possible Cause	Control Measure	Residual Risk Rating
OH&S
Slippery or loose surfaces/sharp edges on artwork.	Low	Unruly member of public may climbs bike rack when wet	Designed with rolled edges om SHS steel	Low
Potential for injury or illness to public.	Low	Member of public runs or slips into bike rack	Placed in location to not interfere with pedestrians	Low
Manual handling required during installation.	Medium	Injury while installing	Correct lifting method and safe wrok method statements SWMS	Low
Traffic Hazards.	Low	Driver mounts kurb	Located away from road and does not obstruct views. Bright colours	Low
Engineer report required?	N/A
Concrete pads or barriers required?	Yes – reuse current pads where possible	Potntial workplace injury while installing comcrete	Reuse pads and only some required at site. safe wrok method statements SWMS	Low
Public Liability
Stable foundation.	Medium	If fixings not installed correctly and public lean on or climb structure resulting in injury	Install correctly as stipulated in documents	Low
Need for lighting/illumination.	N/A
Need for enclosure.	Low – during install	Public gets in way of construction	Lightweright barrier during constrction eg. Witches hats.	Low
Is infrastructure sound?	Low	Incorrect installation	Manufactured by qualified steel fabricator & installed by qualified persons	Low
Ongoing safety checks required to ensure stability?	Annual inspections of steel and fixings	Chips or damage to paint	Refer maintnenace doc on page 9 of 9	Low

Environmental hazard check including earthquake, winds and flood required?	No
Environment
Impact on environment/earth collapse or erosion.	Nil
Potential impact on flora and fauna, air, soil, waterways or drains, noise.	Nil
Financial
Financial impacts – immediate and ongoing.	Nil
Governance, Contractual & Legal
	Insignificant
Political, Reputation & Image
	Insignificant
Other	Nil

Risk Rating Matrix

			Insignificant	Minor	Moderate	Major	Catastrophic
		Governance, Contractual and Legal	Isolated non-compliance or breach; minimal failure of internal controls managed by normal operations; negligible financial impact.	Contained non-compliance or breach with short term significance, some impact on normal operations and minor financial impact.	Serious breach involving statutory authority or investigation; significant failure of internal controls; prosecution possible with significant financial impact.	Major breach with fines and litigation; critical failure of internal controls; long term significance and major financial impact.	Extensive fines and litigation with possible class action; threat to viability of organisation, program or service.
		Public Liability or OH&S	Injuries or ailments not requiring medical treatment; minimal loss to organisation.	Minor injury or First Aid Treatment Case; medium loss to organisation.	Serious injury causing hospitalisation or multiple medical treatment cases; high loss to organisation.	Life threatening injury or multiple serious injuries causing hospitalisation; very high loss to organisation.	Death or multiple life threatening injuries; worst case loss to organisation.
		OH&S	Injuries or ailments not requiring medical treatment	Minor injury or First Aid Treatment Case	Serious injury causing hospitalisation or multiple medical treatment cases	Life threatening injury or multiple serious injuries causing hospitalisation	Death or multiple life threatening injuries
		Environment	Minimal environmental impact; isolated release only	Minor environmental impact; on-site release immediately controlled.	Significant environmental impact; on-site release contained with assistance.	Major environmental impact; release spreading off-site; contained with external assistance.	Fatalities occur; extensive release off-site; requires long term remediation.
		Financial	1% of Budget or <$5K	2.5% of Budget or <$50K	> 5% of Budget or <$500K	> 10% of Budget or <$5M	>25% of Budget or >$5M
		Political, Reputation & Image	Isolated, internal or minimal adverse attention or complaint. No impact on funding or political support.	Heightened local community concern or criticism. Possible minor impact on funding and political support at local level.	Significant public criticism with or without media attention. Significant impact on funding and/or political support at local level.	Serious public or media outcry, broad media attention. Major impact on funding and/or political support at local and state level.	Extensive public outcry; potential national media attention. Complete removal of funding source and/or political support.
		Matrix	1	2	3	4	5
Almost Certain	Is expected to occur in most circumstances	5	Medium	High	High	Extreme	Extreme
Likely	Will probably occur	4	Medium	Medium	High	High	Extreme
Possible	Might occur at some time in the future	3	Low	Medium	Medium	High	Extreme
Unlikely	Could occur but doubtful	2	Low	Medium	Medium	High	High *
Rare	May occur in exceptional circumstances	1	Low	Low	Medium	Medium	High *

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Draft Public Art Strategy matters

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/641

Theme: Society and Culture

Community Development

Summary:

This report provides an update on the Draft Public Art Strategy and makes recommendations to Council to enable delivery in future of some of the recommendations in the Strategy.

RECOMMENDATION:

That the Public Art Panel recommend to Council:

1. That a Public Art Panel extra-ordinary meeting be held (either 8 or 15) May to enable the discussion of submissions to the draft Public Art Strategy.

2. That remaining unspent funds in the public art budget for 2017/18 be carried forward to the 2018/19 financial year. This meets a recommendation of the draft Public Art Strategy to ‘pool funds’ to create a realistic public art budget for future commissions for quality public art.

3. That a sub-committee of the following selected Public Art Panel members work with staff to progress the commissioning of a public artwork for the Bayshore Drive Roundabout __________________, _____________________, and ____________________

Report

Following a recommendation from the 15 February Public Art Panel meeting, Council resolved (18-182) to:

1. Note the new strategic direction for Public Art in Byron Shire

2. Endorse the draft Public Art Strategy and revised Public Art Policy and place them on public exhibition for 28 days, with any submissions to be reported back to Council through the Public Art Panel.

The public exhibition of the Strategy has begun with submissions closing on 30^th April 2018.

Several items from the Strategy have commenced:

1. A report to the Public Art Panel 26 April meeting outlines the process for undertaking a comprehensive review of the Public Art Chapter from the Development Control Plan;

2. A report to the Public Art Panel 26 April meeting outlines a draft Memorandum of Understanding with Creative Mullumbimby;

3. A budget is currently being secured to undertake the first commission project from the Strategy as outlined on p37 – public art on the Bayshore Drive roundabout.

As the next Public Art Panel meeting is scheduled on 30^th August, there are concerns that that the reporting of submissions to the draft Public Art Strategy will not be dealt with in a timely manner.

It is therefore recommended that an extra-ordinary meeting of the Public Art Panel be held on either Tuesday 8^th or Tuesday 15th May from 4pm. Alternatively, the submissions could be reported directly to a Council ordinary meeting for a final decision regarding the Strategy.

Due to the next Public Art Panel meeting being held in August, it is recommended that the Public Art Panel select members for a sub-committee to work with staff on progressing the commissioning of a public artwork for the Bayshore Drive roundabout.

The draft Public Art Strategy has a key recommendation to ‘pool funds’ for public art projects. In order to do this, the Public Art Panel has, in previous years, recommended to Council to carried forward any remaining unspent funds from the current financial year to the next. A similar recommendation is made in this report.

Financial Implications

The current public art budget balance for the 2017/18 financial year is $33,600. Note that $10,000 of this has been allocated to the Brunswick Nature Sculpture Walk. It is therefore recommended that $23,600 be carried forward to the 2018/19 budget.

Statutory and Policy Compliance Implications

Public Art Policy

Draft Public Art Strategy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3

Report No. 4.3 Review of Public Art Chapter of the 2014 Development Control Plan

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2017/2089

Theme: Society and Culture

Community Development

Summary:

A draft Public Art Strategy has been delivered to Council and includes a strategy to “build strength into the DCP [with regards to public art]”. This report outlines the process and draft timeline for delivery of a DCP amendment.

RECOMMENDATION:

That the Pubic Art Panel note the contents of this report and develop a range of proposed amendments for staff to research and consider further, with a draft of the amendment to be brought back to the next Public Art Panel meeting scheduled for 30 August 2018.

Report

A draft Public Art Strategy has been delivered to Council and includes a strategy to “build strength into the Development Control Plan [with regards to public art]”. The rationale outlined in the strategy for a review of the Development Control Plan (DCP) Public Art Chapter includes:

· To increase private contributions

· Introduction of minor controls on private walls which have a significant visual impact on the public realm.

In addition, other issues that have arisen in discussion at Public Art Panel meetings and other forums include:

· The location of public art in developments to enable true public access (freely publicly available at all times)

· The DCP Public Art chapter needs to align with the Public Art Policy, new draft Public Art Strategy and the Public Art Guidelines and Criteria

· The owner of the artwork once approved and installed should be clarified. Does the artwork become an asset of Council or remain as property of the building owner?

This report outlines the process and draft timeline for delivery of a DCP amendment. Some of the items to be considered in a review of the Development Control Plan Public Art Chapter are listed below and the Public Art Panel are requested to develop a range of proposed amendments for staff to research and consider further, with a draft of the amendment to be brought back to the next Public Art Panel meeting.

The process for an amendment to the Development Control Plan is as follows:

Public Art Panel outlines desires for the amendment.	26 April meeting
Research and consultation period with stakeholders, planners and enforcement staff if necessary	May - July
Preparation of draft amendment for Public Art Panel consideration. PAP make a recommendation to Council.	PAP meeting 30 August (Council report deadline 30 August)
Final draft of amendment reported to Council. Council resolves to proceed with public exhibition	20 September
Preparation for exhibition
28 day public exhibition period	3 October, submissions closing 31 October
review of submissions, required amendments & preparation of Council report	Council report deadline 31 October
Submissions Report to Council	22 November
Adoption of Amendments subject to Council Resolution	22 November
Public notification required within 28 days of Council resolution to adopt the amendment - the amendment becomes effective on the day of the public notification	5 December

Issues previously discussed by the Public Art Panel relevant to a DCP review

Contributions from developers

The key issues affecting the procurement of an artwork by a private developer is the availability of an appropriate public space within a development site; and the developer’s expertise to deliver art.

Ideally, developers could make a financial contribution to Council as an alternative to delivering public art, allowing these funds to then be pooled for larger commissions.

The DCP Public Art chapter was amended recently to enable developers to enter into a Voluntary Planning Agreement with Council to provide an equivalent financial contribution for the installation of Public Art in a suitable location to Council, rather than having to expend the money in the development itself.

The draft Public Art Strategy suggests that the current formula of 2% of capital expenditure is satisfactory, but suggests that the cap of $25,000 maximum be lifted so that a large multi-million dollar development makes a more appropriate contribution. An alternate consideration is that the contributions formula be reduced to 1% or $10,000 per million dollars with the cap removed.

Considerations for an amendment:

1. Allowing funds collected from developers to be pooled for larger commissions

2. Amend the current formula and remove the cap

More rigorous assessment of artwork in private development

The draft Public Art Strategy suggests that future submissions of art proposals by private developers are to have more rigorous assessment of quality before approvals are granted. Developers need to be informed of Council’s expectations of what constitutes quality and must be submitted well within comfortable time frames for the proposed artwork to be assessed by the Public Art Panel.

Considerations for an amendment:

1. Development Applications that are required to make a public art contribution need to have a more rigorous assessment of quality

2. Clearer information around what Council expects from developers in relation to public art needs to be provided prior to the DA being lodged

Compliance

The draft Public Art Strategy suggests that compliance is a critical aspect where Council can ensure that developers meet their obligations and are followed up or penalised for not doing so. The DA assessment process should include a trigger for the public art chapter to ensure all developments that fit the formula are making the appropriate contribution. It is also recommended that the final occupation certificate is not issued until Council approves the final artwork.

Considerations for an amendment:

1. The DA assessment process needs to include a trigger for the public art chapter to ensure all developments that fit the formula are making the appropriate contribution.

2. It is also recommended that the final occupation certificate is not issued until Council approves the final artwork

Guidelines for Murals and Paint on private walls

The draft Public Art Strategy suggests that painted murals be considered development that requires consent, and that guidelines be provided. The Strategy outlines some key questions to ask in determining whether or not a painted artwork should be installed. These questions could form the basis of providing guidelines to private developers when they are considering any art which will have a significant visual impact on the public realm:

· Would this artwork be considered suitable on the interior walls of a public hall or community centre?

· Does the subject matter of a mural relate to its context and surroundings?

· Is the artwork suited to a diverse audience?

· Does it add to the character and integrity of a place?

The Strategy also suggests that any street art must contribute to the agreed character of a town or place.

Considerations for an amendment:

1. Public art be considered development that requires consent and that guidelines be provided.

Financial Implications

Staff time will be required to review and process an amendment to the Public Art Chapter of the DCP. A Strategic Planner will assist Community Development staff to ensure the process is followed to increase the chance of success of the amendment being adopted and accepted by the community.

Statutory and Policy Compliance Implications

1. Draft Public Art Strategy

2. The amendment of development control plans is governed by Environmental Planning and Assessment Regulation 2000 (Part 3 – Development Control Plans). The amendment process is summarised below:

Part 3 of the regulation states that a draft development control plan must be publicly exhibited for at least 28 days and copies of the draft development control plan are to be made publicly available. After considering any submissions about the draft development control plan that have been duly made, the council:

(a) may approve the plan in the form in which it was publicly exhibited, or

(b) may approve the plan with such alterations as the council thinks fit, or

The council must give public notice of its decision in a local newspaper within 28 days after the decision is made. Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision. A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4

Report No. 4.4 Draft Memorandum of Understanding with Creative Mullumbimby

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/639

Theme: Society and Culture

Community Development

Summary:

Arising from the 15 February 2018 Public Art Panel meeting was a recommendation “That Council develop an MOU with Creative Mullumbimby to develop a mutually beneficial partnership for public art in Mullumbimby”. A draft MOU has been developed and is now presented to the Public Art Panel for feedback and/or a recommendation to Council to adopt.

RECOMMENDATION:

That the Public Art Panel recommend to Council that it:

1. Adopt the draft Memorandum of Understanding between Council and Creative Mullumbimby.

2. Note the Public Art Panel members selected to work with Creative Mullumbimby as outlined in the draft MOU are __________________, _____________________, ____________________

2. Authorises the Manager Community Development to sign the MOU on behalf of Council.

Attachments:

1 Draft Memorandum of Understanding: Public Art Partnership between Council and Creative Mullumbimby, E2018/29020 , page 34 ⇩

2 Public Art Panel update 9_4_18 from Creative Mullumbimby, E2018/30179 , page 38 ⇩

Report

A draft MOU has been developed based on a letter received from Creative Mullumbimby and presented to the Public Art Panel at 15 February meeting, and subsequent discussions with representatives from Creative Mullumbimby.

The draft MOU is now presented to the Public Art Panel for feedback and/or a recommendation to Council to adopt.

The Public Art Panel are requested to select members for a sub-committee to work with Creative Mullumbimby as outlined in the draft MOU.

Creative Mullumbimby have provided an ‘update’ for Public Art Panel members, which is attached.

Financial Implications

The draft Memorandum of Understanding does not refer to any financial assistance to implement. Staff and Public Art Panel members time may be required to fulfil some of the MOU’s activities.

Statutory and Policy Compliance Implications

Draft Public Art Strategy

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 1

Memorandum of Understanding: Public Art Partnership

Byron Shire Council

and

Creative Mullumbimby Inc

1. Memorandum of Understanding

Date:

Parties:

Byron Shire Council (ABN:14 472 131 473) (Council)

Creative Mullumbimby Incorporated (ABN: (Creative Mullumbimby)

Recitals:

1.1 The parties have entered this Memorandum of Understanding (MOU) to record their intentions regarding a public art partnership.

1.2 Council will provide assistance and support to Creative Mullumbimby to undertake their activities.

1.3 Creative Mullumbimby will strengthen the momentum for public art in Mullumbimby.

1.4 The intentions evidenced by this document is not intended by the parties to be binding on them. Rather, it represents the basis for their cooperation.

2. Background to the Agreement

2.1 Byron Shire Council have supported the Mullumbimby Sculpture Walk during its development and inception with the launch of the Gateway Sculpture.

The Public Art Strategy recommends that Council strengthen its relationship with community organisations specifically committed to public art in the Shire. “Formalising community partnerships through a Memorandum of Understanding will:

1. Create synergies and strengthen the momentum for public art across the Shire.

2. Provide the Public Art Panel with a stronger facilitation role. Early involvement by the Panel in public art projects initiated by the community will produce better outcomes.

3. Provide partner organisations with Council endorsement in their search for funds through grants, donations, and sponsorships from private sources, without having to continually go back to Council for letters of support etc.” (p33)

2.2 The mission of Creative Mullumbimby is:

· To initiate and assist individual creative art projects

· Manage community art and installations

· Appreciate existing built space, infrastructure and history

· Liaise and engage with other community groups and government agencies

· Develop strategy and influence policy to enhance a creative Mullumbimby.

3. Agreement of the parties

3.1 Creative Mullumbimby’s role and responsibilities

Creative Mullumbimby agrees to:

1. Launch the REVIVE sculpture, which was commissioned in 2017 as the second sculpture in the Mullumbimby Sculpture Walk. This will include a media launch of the sculpture and the program as outlined below.

2. Commission and manage sculpture projects on the Mullumbimby Sculpture Walk according to the DA 10.2014.248.1.

3. Facilitate a public art course in conjunction with Byron Community College entitled ‘Creating Public Art in Byron Shire’, scheduled for July 2018.

4. Coordinate and produce Mullumbimby Community Sculpture Festival to be held in November 2018.

3.2 Council’s role and responsibilities

Council agrees:

1. To work with the Public Art Panel to have selected members on a sub-committee to work with Creative Mullumbimby on their program as outlined above.

2. That the sub-committee as described in 1 above:

a. be involved in the selection panel for commissioned sculptures for the Mullumbimby Sculpture Walk

b. Be involved in the selection panel for sculptures for the Mullumbimby Sculpture Festival

c. Provide a liaison point between the parties to this agreement, providing feedback and advice with regard to public art activities where relevant.

recognising that the Pubic Art Panel members are bound by Council’s Code of Conduct as committee members and do not have any delegated functions of Council to make decisions, ie they play a role in an advisory capacity to Council only, they cannot approve or endorse any public art or activities related to public art on public land.

3. That the minutes of each parties meetings be provided to each other as a means of keeping communication lines open

4. To work with Creative Mullumbimby to identify appropriate speakers for the public art course in conjunction with Byron Community College entitled ‘Creating Public Art in Byron Shire’, scheduled for July 2018.

5. That Council’s Events Liaison Officer will provide support to Creative Mullumbimby to stage the Mullumbimby Community Sculpture Festival.

4. Legal effect of this document

4.1 Not legally binding.

This document is not legally binding.

4.2 Term of Agreement

This agreement will commence on the date it has been signed by both parties and will dissolve at the earliest on 31 December 2019 or earlier if agreed in writing by the parties.

Executed as an agreement:

BYRON SHIRE COUNCIL

Authorised Representative

_______________________________ __________________________

Signature Name

CREATIVE MULLUMBIMBY

Authorised Representative

________________________________ __________________________

Signature Name

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5

Report No. 4.5 Public Art Proposal - Mullumbimby Gateway Sculptures - Repair, Refresh and Renew

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/653

Theme: Society and Culture

Community Development

Summary:

A team of the original artists of the Mullumbimby Gateway Sculptures have approached Council with a proposal to repair, refresh and renew the sculptures on the corner of Gulgan Rd and Mullumbimby Rd

RECOMMENDATION:

That the Public Art Panel recommend to Council…

Attachments:

1 Mullumbimby Gateway Art Project - Outline, E2018/30094 , page 41 ⇩

2 Public Art Asset Registration Pro Forma - Mullumbimby Gateway Public Art Project, E2018/30095 , page 45 ⇩

3 Public Art Maintenance Manual - Mullumbimby Gateway Public Art project, E2018/30096 , page 48 ⇩

4 Public Art Risk Assessment - Mullumbimby Gateway Public Art project, E2018/30098 , page 50 ⇩

5 MULLUMBIMBY GATEWAY Public Art project - COSTS STAGE 1 –, E2018/30099 , page 54 ⇩

6 RICHARD MORDAUNT – BIO - Mullumbimby Gateway Public Art project, E2018/30100 , page 55⇩

Report

A team of the original artists, and supporters, have approached Council with a proposal to repair, refresh and renew the Mullumbimby Gateway Sculptures on the corner of Gulgan Rd and Mullumbimby Rd.

Attached for the Public Art Panel’s consideration are the following:

1. An outline of the project

2. A Public Art Asset Register Pro-forma

3. A Maintenance Manual

4. A Risk Assessment

5. A budget for the renewal project

6. A bio for Richard Mordant, who is leading the project.

The Public Art Panel are requested to consider this proposal according to the principles outlined in the Public Art Policy, the draft Public Art Strategy and the Public Art Guidelines and Criteria. Documents are available from the Council’s website https://www.byron.nsw.gov.au/Community/Arts-and-culture/Public-Art and have been provided to PAP members previously.

Financial Implications

The total budget for the project is $28,700.

The group have requested a donation of up to $14,350 from Council, with Mullumbimby Gateway Inc financing the remaining $14,350.

The current public art budget balance for the 2017/18 financial year is $33,600. Note that $10,000 of this has been allocated to the Brunswick Nature Sculpture Walk, leaving a remainder of $23,600.

Statutory and Policy Compliance Implications

Public Art Policy

Draft Public Art Strategy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5 - Attachment 1

MOVING FORWARD at THE MULLUMBIMBY GATEWAY 2018

A Byron Shire Council and Mullumbimby Gateway Project

Prepared by the Mullumbimby Gateway Committee

Revitalising, Repairing and Renewing this important site at the entrance to Mullumbimby.

THE MULLUMBIMBY GATEWAY was constructed in 1988 with the aim of creating a dramatic visual and high impact new entrance to the town of Mullumbimby off the Pacific Highway. It stands at the crossroad intersection that provides the main vehicular access to the town of Mullumbimby (population 3,676). Mullumbimby is the home of Byron Shire Council and the Gateway is used as a major drop off and rest stop everyday, for busloads of school aged children, visitors and local residents.

The repair and renewal of the Mullumbimby Gateway is a major community building project .

It is now a priority to repair and restore the sculptures which are the centrepiece of the Mullumbimby Gateway site. Over the years the Gateway has become a significant Byron Shire icon. However, due to the ravages of time in a moist tropical environment, the totem sculptures have deteriorated and are now in urgent need of repair.

Our project is to repair and protect the sculptures and bring the Mullumbimby Gateway back to life. It is an important piece of the cultural and heritage fabric of our community, much loved by this community and the thousands of people who visit Byron and Mullumbimby. The Gateway is unique in this area and restoring it is very important to the spirit of this community.

STAGE 1

At the centre of the Gateway is the sculptural installation, which was a Bicentennial Project funded by the NSW Government, the Byron Shire Council and the Mullumbimby Community.

The main concept and impetus behind the project was to showcase our region’s renowned artistic skills, environmental awareness and cultural heritage.

Project Background

The sculptures: on completion in 1988, consisted of three large totem style carvings.

· The largest sculpture is the Nature Pole depicting the animal and plant life of this region. It is 15 metres high, starting with carvings of tortoises and water symbols, it climbs through carvings of egrets and spoonbills, Bangalow palms and black bean pods, with a 14-ft. carpet snake climbing up around the carving; higher up a large goanna reaches up below a frieze of nightcap daisies. This pole is topped by a magnificent 8ft high pelican sitting on the shape of a locally found Aboriginal Nullla Nulla.

· Next to it is the 8 metre high Peace Pole, more abstract in form, it has messages reminding us of the fragility of the world we live in.

· The third sculpture was the 5 metre high Lady Pole. An unfolding leaf form, it was removed after it was eaten out by white ants. We will be inviting expressions of interest to replace this later this year.

· The project was designed and co-ordinated by Richard Mordaunt and Bob Gray.

Our team was Rose McKinley and Diana Barbara with carving done by Bob Gray, Jim Nutter, Roger Garlick and Ruby Collins.

· The Rotunda was designed by Christina Vadasz and built by Greg Tollis and the Mullumbimby Community.

· This is the first Gateway in Byron Shire and was supported by Mayor Oliver Dunne and Shire engineer, Greg Alderson

MULLUMBIMBY GATEWAY RENEWAL – STAGE 1 - PROJECT PLAN 2018

The Proposal

To achieve the repair of the sculptures and the renewal of the site, we have created:

· A new Mullumbimby Gateway Committee

· An expert advisory panel

· A working group of senior Byron Shire Council staff, with which we have held productive meetings including with Mayor Simon Richardson, Council’s infrastructure and planning Manager Phil Holloway, BSC Councillor Jan Hackett, Tara McGready Mullumbimby Master Plan, Andy Erskine Parks and open spaces (BSC) and the owners of all the adjacent land surrounding the Gateway.

· Essential Energy are supporting us and have agreed to lift and replace the sculptures while we are repairing them.

· We have an auspice relationship with Brunswick Valley Historical Society

· Identified appropriate funding sources

PROTECTING AND REPAIRING THE SCULPTURES

It was important in the original design concept that there were 3 sculptures, inside a circle of stones from Mt Warning.

1. The largest sculpture is the Nature Pole depicting the animal and plant life of this region.

2. The Peace Pole.

3. The third sculpture, the Lady Pole, was removed after it was destroyed by white ants*

* In June 2018, Mullumbimby Gateway Inc, will invite expressions of interest from the community, to replace the absent Lady's Sculpture with a new work. Existing footings are still in place.

Greg Alderson is part of the Gateway Committee and was Shire Engineer when the carvings were first put in place in 1988. He has been advising us on new technologies that will ensure longevity and sustainability of the proposed repairs.

THE WORK

1. To protect the sculptures into the future they will be cut at ground level, and utilising a technology developed by ‘Adapt-a-pole’, www.adaptapole.com, we will use stainless steel sleeves made by Hayes Engineering in Murwillumbah to protect the base of the sculptures above the ground. This is an approved technology used to protect electricity poles across NSW and Victoria. Essential Energy have agreed to support us and will use their crane to lift and replace the sculptures while we are repairing them

2. The carvings above ground level will be sanded back, filled, repaired with Megabond and then painted. By painting the sculptures with oil based lacquers, they will be protected and become highly visual and contemporary.

3. Following this process, the sculptures will last for another 50 years. The circle of rocks encircling the sculptures is important. These rocks were blasted from Mt Warning and will be moved closer to the carvings, thereby creating a circle of ‘Standing Stones’ through which portal one enters to view the sculptures.

4. The Gazebo will become a much used waiting area for the community, with a path leading from the bus and parking areas to the Gazebo. The Gazebo will contain documentation of the making and meaning of the Gateway, a map of the Caldera to Mullumbimy and a list of the Gateway sponsors.

The sculptures will be illuminated at night with solar LED’s, providing a welcoming light back to Mullumbimby.

The Stage 1 Plan will be submitted to Byron Shire Council (BSC) and the Mullumbimby Master Plan Committee. We hope that BSC will assist this project on a 50/50% funds matching basis.

Project design and co-ordination,

Richard Mordaunt

Artist, arts co-ordinator and Film Producer

0407466461

richardmordaunt@bigpond.com

Bob Gray

Artist, arts co-ordinator, builder and wood creator.

66849168

spiceyfarming@gmail.com

The Mullumbimby Gateway Committee is supported by an expert advisory group that we inform and consult with at each new stage of the Gateway Project.

Advisory panel :

Simon Richardson - Mayor of Byron Shire, Phil Holloway - Byron Council infrastructure and planning Manager, Jan Hackett -Byron Shire Councillor, Tara McGready - BSC Mullumbimby MasterplanAndy Erskine - BSC Parks and Gardens ,

Peter Wood - President Arts Northern River, Lisa Hochhauser -Landscape Architect, Oliver Dunne - Ex Mayor of Byron Shire, Greg Alderson -Ex BSC Shire Engineer,

Maggie Brown - Social and Community Planner, Greg Aitken - Mullumbimby Drill Hall Theatre, Madelaine Faught- Social scientist, educator, Rainforest Rescue, Stephen Hall- President Brunswick Valley Historical Society Inc

Mullumbimby Creative, Malcolm Price - Architect, Joey Rulgrok Public - Art professional,

Suvira McDonald - Ceramic artist and sculptor, Michael Murray - Byron Property Search and filmmaker, Adam Jeffrey - builder and owner of Uncle Tom, Victoria Baldock & David Dombroski.

Artists - Gerhard Veit, Rose McKinley, Helen Adams, Diana Mordaunt, Jules Hunt, Mark Williams,

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5 - Attachment 2

bsc_logo_cmyk_solid_colour Public Art Asset Application pro forma

Please refer to Sections 6 and 7 of the Public Art Guidelines and Criteria.

Title of Artwork:

THE MULLUMBIMBY GATEWAY SCULPTURES

Name of Artist:

RICHARD MORDAUNT & BOB GRAY

WE ARE THE PROJECT DESIGNERS AND CO-ORDINATORS OF THE MULLUMBIMBY GATEWAY SITE.

Type of Artwo ed:rk Propos

OUR PROJECT IS TO REPAIR THE SCULPTURES AND TO REFRESH AND RENEW THE GATEWAY SITE. WE WERE RESPONSIBLE FOR CREATING THE MULLUMBIMBY GATEWAY IN 1987 AND THERE IS NOW AN URGENCY TO PROTECT AND REPAIR THE SCULPTURES AND BRING THIS SITE BACK TO LIFE.

Artwork Materials and Construction Details:

THE SCULPTURES ARE CARVED OUT OF GREY GUM. ESSENTAIL ENERGY HAVE AGREED TO SUPPORT US AND WILL BE LIFTING AND REPLACING THE SCULPTURES AFTER WEVE REPAIRED THEM.

WE WILL GRIND BACK AND REPAIR ALL ASPECTS OF THE SCULPTURES, FROM TOP TO BOTTOM.

THEN USING AN APPROVED TECHNOLOGY DESIGNED BY ADAPTABPOLE AND USED ALL OVER AUSTRALIA TO PROTECT ELECTRICITY POLES, WE WILL CUT OFF ALL TIMBER BELOW THE GROUND AND ONLY USING TIMBER FROM ABOVE THE GROUND, WE WILL FIT STAINLESS STEEL SLEEVES TO THE BASE OF THE SCULPTURES. THE SLEEVES ARE DESIGNED BY GREG ALDERSON AND MADE BY HAYES ENGINEERING IN MURWILLUMBAH.

ABOVE THIS POINT, FIRST USING OIL BASED UNDERCOAT, THE CARVINGS WILL BE PAINTED WITH OIL BASED COLOURS SO THAT THEY BECOME COMPLETELY VISUAL AND CONTEMPORARY. THEY WILL BE FINISHED WITH COATS OF UV PROTECTION COAT. THEY WILL THEN BE REINSERTED INTO THE TWO METRE LONG CONCRETE FOOTINGS THAT ALREADY EXIST AND WERE ENGINEERED BY GREG ALDERSON.

Date of creation (date of artwork)

THE SCULPTURES WERE CREATED IN 1987.

OUR JOB IS TO RESTORE AND REPAIR THEM SO THAT NO GROUND WATER AND MOISTURE CAN AFFECT THEM INTO THE FUTURE.

WE WILL INSPECT THE SCULPTURES EACH YEAR AND REPAINT THE SCULPTURES EVERY SIX YEARS - THIS MAINTENANCE PROGRAM IS ESSENTIAL -THEY WILL THEN LAST FOR THE NEXT 40 YEARS.

Dimensions

Proposed Location of Artwork:

THE MULLUMBIMBY GATEWAY IS LOCATED AT THE INTERSECTION OF GULGAN ROAD AND MULLUMBIMBY ROAD OPPOSITE UNCLE TOMS LEADING INTO MULLUMBIMBY..

Proposed Signage for Artwork:

THE GATEWAY TO MULLUMBIMY

Do you have public liability insurance?

YES.

THIS IS A BYRON SHIRE AND MULLUMBIMBY GATEWAY COMMUNITY PROJECT.

BECAUSE THESE ARE EXISTING ARTWOKS ON COUNCIL LAND AND ARE OWNED BY BSC,

WE CAN BECOME COUNCIL VOLUNTEERS.

BECAUSE IT IS A COUNCIL RESERVE, BSC HAVE SAID THAT WE NEED TO COMPLETE SECTION 138 IN ODER TO START WORK THERE.

Procurement Method (check box as applicable):

Commission

THIS IS A REPAIR AND MAINTENANCE PROJECT. WE WILL SUBMIT A BRIEF FOR THE 3^RD SCULPTURE WHICH WILL BE MADE OUT OF STEEL AND CALL FOR EXPRESSIONS OF INTEREST WITHIN THE COMMUNITY IN THE NEXT ROUND OF BYRON PUBLIC ART AND ARTS NORTHERN RIVERS.

Direct purchase

Donation

Loan – proposed period of loan:_______________

Date of Procurement:

Estimated Life of Artwork:

50 YEARS

Value of Artwork (estimate if unknown):

ESTIMATED VALUE OF ARTWORK AND GAZEBO $180,000

Attach copies of the following (check box as applicable):

Artist’s CV (including examples of previous relevant work)

Artistic statement

Photos/design drawings/ specifications providing visual samples of proposed work (photo’s should be attached as jpegs no less than 300dpi)

Risk Assessment (template available)

Maintenance manual (template available)

This form, with attachments, should be sent to the Public Art Asset Officer.

Your application will be considered at the next available PAAP meeting.

An early representation of the colours we will use on the Nature Carving at the Gateway (this is not a final drawing)

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5 - Attachment 3

THE MULLUMBIMBY GATEWAY CARVINGS

INTERSECTION OF GULGAN ROAD AND MULLUMBIMBY ROAD

DECEMBER 2018

Artist Details

THE MULLUMBIMBY GATEWAY INC

RICHARD MORDAUNT

0407466461

12 WAREHAM STREET, SUFFOLK PARK, 2481

BOB GRAY

0484184242

MAFEKING ROAD, GOONENGERRY

ABN: 69073823033

Ph: 0407466461

richardmordaunt@bigpond.com

Artwork Details

Description

· The largest sculpture is the Nature Pole depicting the animal and plant life of this region. It is 15 metres high. Starting with carvings of tortoises and water symbols, it climbs through carvings of egrets and spoonbills, Bangalow palms and black bean pods, with a 14-ft. carpet snake climbing up around the carving; higher up a large goanna reaches up below a frieze of nightcap daisies. Above this is the barrel shape of a locally found Aboriginal Nulla Nulla. On the top of the carving is a magnificent 8ft high pelican.

· Next to it is the 8 metre high Peace Pole, more abstract in form, it has messages reminding us of the fragility of the world we live in.

· The project was designed and co-ordinated by Richard Mordaunt and Bob Gray.

Our team was Rose McKinley and Diana Barbara with carving done by Bob Gray, Jim Nutter, Roger Garlick and Ruby Collins.

· The Rotunda was designed by Christina Vadasz and built by Greg Tollis and the Mullumbimby Community.

Artist Statement

Revitalising, Repairing and Renewing this important site at the entrance to Mullumbimby.

THE MULLUMBIMBY GATEWAY was constructed in 1988 with the aim of creating a dramatic visual and high impact new entrance to the town of Mullumbimby off the Pacific Highway. The centerpiece of the Gateway is a site specific sculptural installation which showcases our regions artistic skills, environmental awareness and cultural heritage.

Over the years it has become a significant Byron Shire icon. It is an important piece of the cultural and heritage fabric of our community, much loved by this community and the thousands of people who visit Byron and Mullumbimby. It is a unique historic site and restoring it is very important to the spirit of this community.

Materials

The sculptural totems are carved out of grey gum.

Their footings consist of two metre deep concrete cylinders below the ground.

Central to our repair work will be that the base of the carvings will now sit inside stainless steel sleeves. These will be made by Hayes Engineering in Murwillumbah and designed by Greg Alderson Associates.

Above ground, the sculptures will be repaired using grinders, then

filled with Megabond. They will then be painted with oil based undercoat and finished with long lasting oil based colours and topcoats of UV protection.

Fabricators and suppliers

Hayes Engineering Murwillumbah – 1300302270 - Steel Fabricators

Greg Alderson – Alderson Engineering – 0415663980

office@aldersonassociates.com.au

Routine maintenance

The sculptures will be painted with oil based undercoat, then oil based colours and finished with UV Protection coats..

There will be annual inspection of the totems and we will repaint the totems every 6 years.

Longevity of Artwork

The sculptures will be repainted every 6 years and using stainless steel sleeves, it is believed they will last 50 years.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5 - Attachment 4

Public Art Risk Assessment

Please refer to Section 11 of the Public Art Guidelines and Criteria to ensure all aspects of risk assessment are considered.

Risk Assessment and Hazard Control Summary of Public Art

Risk Category & Hazard	Risk Rating	Possible Cause	Control Measure	Residual Risk Rating
OH&S
Slippery or loose surfaces/sharp edges on artwork.		There are no sharp or slippery surfaces.
Potential for injury or illness to public.			After we’ve repaired the sculptures there will be no danger to the public
Manual handling required during installation.			Essential Energy are lifting and replacing the sculptures.
Traffic Hazards.		This is a Council Roadside Reserve. We will require a section 138 to carry out work there.
Engineer report required?			Greg Alderson will give an engineering report.
Concrete pads or barriers required?		These are already in place
Public Liability
Stable foundation.		YES
Need for lighting/illumination.			Solar LED’s
Need for enclosure.		The Current perimeter fence is in bad shape and needs to be replaced
Is infrastructure sound?		The Gazebo is sound and in good shape
Ongoing safety checks required to ensure stability?			Annual checks

Environmental hazard check including earthquake, winds and flood required?
Environment
Impact on environment/earth collapse or erosion.
Potential impact on flora and fauna, air, soil, waterways or drains, noise.
Financial
Financial impacts – immediate and ongoing.
Governance, Contractual & Legal

Political, Reputation & Image

Other

Risk Rating Matrix

			Insignificant	Minor	Moderate	Major	Catastrophic
		Governance, Contractual and Legal	Isolated non-compliance or breach; minimal failure of internal controls managed by normal operations; negligible financial impact.	Contained non-compliance or breach with short term significance, some impact on normal operations and minor financial impact.	Serious breach involving statutory authority or investigation; significant failure of internal controls; prosecution possible with significant financial impact.	Major breach with fines and litigation; critical failure of internal controls; long term significance and major financial impact.	Extensive fines and litigation with possible class action; threat to viability of organisation, program or service.
		Public Liability or OH&S	Injuries or ailments not requiring medical treatment; minimal loss to organisation.	Minor injury or First Aid Treatment Case; medium loss to organisation.	Serious injury causing hospitalisation or multiple medical treatment cases; high loss to organisation.	Life threatening injury or multiple serious injuries causing hospitalisation; very high loss to organisation.	Death or multiple life threatening injuries; worst case loss to organisation.
		OH&S	Injuries or ailments not requiring medical treatment	Minor injury or First Aid Treatment Case	Serious injury causing hospitalisation or multiple medical treatment cases	Life threatening injury or multiple serious injuries causing hospitalisation	Death or multiple life threatening injuries
		Environment	Minimal environmental impact; isolated release only	Minor environmental impact; on-site release immediately controlled.	Significant environmental impact; on-site release contained with assistance.	Major environmental impact; release spreading off-site; contained with external assistance.	Fatalities occur; extensive release off-site; requires long term remediation.
		Financial	1% of Budget or <$5K	2.5% of Budget or <$50K	> 5% of Budget or <$500K	> 10% of Budget or <$5M	>25% of Budget or >$5M
		Political, Reputation & Image	Isolated, internal or minimal adverse attention or complaint. No impact on funding or political support.	Heightened local community concern or criticism. Possible minor impact on funding and political support at local level.	Significant public criticism with or without media attention. Significant impact on funding and/or political support at local level.	Serious public or media outcry, broad media attention. Major impact on funding and/or political support at local and state level.	Extensive public outcry; potential national media attention. Complete removal of funding source and/or political support.
		Matrix	1	2	3	4	5
Almost Certain	Is expected to occur in most circumstances	5	Medium	High	High	Extreme	Extreme
Likely	Will probably occur	4	Medium	Medium	High	High	Extreme
Possible	Might occur at some time in the future	3	Low	Medium	Medium	High	Extreme
Unlikely	Could occur but doubtful	2	Low	Medium	Medium	High	High *
Rare	May occur in exceptional circumstances	1	Low	Low	Medium	Medium	High *

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5 - Attachment 5

MULLUMBIMBY GATEWAY - COSTS STAGE 1 –

1/REPAIRING AND PAINTING THE SCULPTURES

1ST WEEK -2 PEOPLE - CLEANING AND REPAIRING AND PAINTING THE EXISTING SCULPTURES

$40 AN HOUR - 6 HOURS - $240 a day - $1200 a week per person- $2400

2^ND WEEK – ,

2 PEOPLE - REPAIRING AND PAINTING SCULPTURES

$40 AN HOUR - 6 HOURS - $240 a day - $1200 a week per person- $2400

3^rd WEEK – CLEANING, REPAIRING THE ROTUNDA & THE GATEWAY SIGN $1200

TOTAL $6000

2/ MATERIALS

MEGABOND, SICKAFLEX AND BONDCRETE $700

OIL BASED LACQUER PAINT $2000

BANDINGS FOR SCULPTURES $300

TOTAL $3,000

3/STAINLESS STEEL SLEEVES FROM HAYES ENGINEERING MURWILLUMBAH TO

ENCASE THE SCULPTURES $4,000

CRANE HIRE / OR ESSENTIAL ENERGY TO LIFT AND REPLACE

THE SCULPTURES $------ TOTAL $4000

SECTIONS 1+2+3 TOTAL $13000

4/LANDSCAPING

EXCAVATOR TO MOVE THE ROCKS SURROUNDING THE SCULPTURES $1200 PLANTS $1500 SOLAR LIGHTING $1500

PATHWAY FROM ROTUNDA TO BUS AREA $2000

TOTAL $6200

SECTIONS 1+ 2+3+ 4

TOTAL $19200

5/ STRUCTURAL ENGINEERING PLANS - GREG ALDERSON $1,000

6/ ARTISTS FEES $1500

6/ PROJECT MANAGEMENT & CO-ORDINATION –

RICHARD MORDAUNT $2500

BOB GRAY $2500

7/ INFORMATION & SPONSORSHIP AREA $2,000

SECTIONS 5,6,7 $9,500

SECTIONS 1+2+3+4+5+6+7 $28, 700

TOTAL $28,700

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5 - Attachment 6

RICHARD MORDAUNT – BIO

Film Producer, Director, Writer, photographer

Visual artist / designer and co-ordinator of Public Art Projects.

Richard Mordaunt is one of Australia’s most experienced Documentary film-makers, producing award winning documentaries, often as collaborations with other film-makers, which have been shown worldwide.

He has also established art spaces and designed and co-ordinated public art projects.

In Australia he established the Mullumbimby Arts Gallery in 1985 and then designed & co-ordinated the Mullumbimby Gateway Project in 1988.

While in the UK he made films on David Hockney and the Picasso Exhibition at the Institute of Contemporary in 1967 and then went on to make 6 ground breaking documentaries in the UK.

Eric Burdon - House of the rising sun,

Otis Redding – Sweet Soul Music,

Procol Harum- Whiter Shade of Pale,

Voices – Godard and the Rolling Stones,

Ireland behind the Wire

Seeds of a New Life – Dorothy Heathcote

In 1979, Richard Mordaunt emigrated to Australia with Diana his Australian born wife and his two children Michelle and Kim. Since arriving in Australia he has made many artist stories for the ABC.

BRUSHES WITH FAME

This is a film about Australia’s most popular and controversial Art Prize, the Archibald Portrait Prize. We follow seven of Australia’s great painters over a year as they prepare their portraits for this annual competition. The film is also a history of the Archibald Prize and the first film in which we get to watch the judging process.

Produced by Richard Mordaunt and Diana Barbara.

Director Richard Mordaunt. Financed by Australian Film Commission.

52 mins. ABC TV.

JANET LAURENCE – THE LIFE WORLD

A portrait of one of Australia’s most successful installation artists.

‘Her work is brilliantly portrayed in this film. This is the work of a special artist’.

Produced by Richard Mordaunt and Diana Barbara

Director Richard Mordaunt - ABC - 30 mins

WENDY SHARPE PAINTS THE LIFE OF ANNETTE KELLERMAN

In this film Wendy Sharpe sets out to paint the amazing life of Australia’s legendary swimmer Annette Kellerman, who in the early 1900s became a trailblazer for the ‘new woman’. Later she found international fame as a high paid entertainer on the Vaudeville stage and became a star of America’s first silent films.

Produced by Richard Mordaunt and Diana Barbara. Director Richard Mordaunt

SETTING THE STAGE - 50 min ABC TV.

The creation of the largest Public Art Project in Australia’s history.

This film goes behind the scenes and tells the story of the artists who were commissioned to create major artworks for Australia’s Olympic site.

Produced by Richard Mordaunt and Diana Barbara. Director Richard Mordaunt

SALVATORE ZOFREA – MASTER OF LIGHT

This film tells the Life Story of Salvatore Zofrea, one of Australia’s great painters. From his studios in Sydney and the Blue Mountains to his birthplace in Southern Italy, the film follows Salvatore’s story as he creates ‘Morning Light’, the first of three 100 foot long giant circles. These monumental artworks are reminiscent of the work that Monet did at the end of his life. This is a hugely inspiring story. A brilliant artist.

Producer/Director Richard Mordaunt -

Producers Kim Mordaunt & Diana Mordaunt, Exec Producer Franco di Chiera

50,40, 28 min versions available

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.6

Report No. 4.6 Public Art in development - Habitat

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/642

Theme: Society and Culture

Community Development

Summary:

The report presents a public art proposal for the Habitat development for Public Art Panel feedback and comment.

RECOMMENDATION:

That the Public Art Panel provide feedback and comments to the planner attending the Public Art Panel meeting about the proposal public artwork for the Habitat development.

Attachments:

1 02 Habitat Art proposal 9 Mar 2016 - original proposal approved October 2017, E2018/29758 , page 59 ⇩

2 Habitat Revised Public Art Proposal Livework A+B April 2018, E2018/29759 , page 68 ⇩

Report

Public art proposals for developments have been presented to the Public Art Panel in the past for feedback and comment, in order for the planners assessing the Development Applications to manage the public art component of the Development Control Plan.

A public art proposal for inclusion in the Habitat development has been provided.

There are two proposals attached:

1. The first proposal was approved by Council’s Ecological Planner in October 2017.

2. A revised proposal has now been received by Council and is presented to the Public Art Panel for feedback.

A planner will attend the Public Art Panel meeting to receive the relevant feedback.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Public Art Chapter, Development Control Plan

Public Art Policy

Draft Public Art Strategy

Public Art Guidelines and Criteria

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 26 April 2018
Time	9.00am