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 Railway Square Public Art project in collaboration with Plummer and Smith

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/1786

Theme: Society and Culture

Community Development

Summary:

Following previous reports and presentation to the Public Art Panel about the Railway Square Public Art project, this report provides the final (stage 2) submissions from the two shortlisted artists from the Expressions of Interest process. The Public Art Panel are requested to make a recommendation to Council selecting the artist to award the final commission.

RECOMMENDATION:

That the Public Art Panel recommend to Council that _______ is appointed from the shortlisted artists and be granted the commission for the Railway Square Public Art Project.

Attachments:

1 Artist brief - Railway Park Upgrade, E2018/54712 , page 7⇩

Report

A presentation was made by Plummer and Smith to the Public Art Panel Extraordinary meeting in May and a subsequent report was provided to the August Public Art Panel meeting regarding plans for Public Art in the newly developed Railway Park. At the August Public Art Panel meeting, the Panel shortlisted the artists that had responded to an Expression of Interest process.

This report provides the final (stage 2) submissions of the two shortlisted artists. Due to confidentiality, the submissions will be provided by email to the Public Art Panel members.

The Expressions of Interest brief is provided for Panel members information at attachment 1.

The two shortlisted artists provided a presentation of their final concepts at a workshop held on 17 September and some of the Panel members were able to attend.

The assessment criteria developed by Plummer and Smith with input from the PAP for this selection is copied below from the brief.

Stage 2 – assessment criteria

One selected artist will enter a contract with Council to deliver this artwork for Railway Square.

· A project plan submitted to Council, prior to the commencement of work, confirming the design, methodology, timeline, budget and payment schedule;

· Regular updates on progress to nominated Council officers and project professionals through face-to-face meetings and by email as agreed;

· Presentation of a detailed design and methodology for the final artwork creation, application and installation for Council approval;

· Creation, supervision and installation of the artwork;

· Supply of certification from a structural engineer and engineering details (If required);

· The artist will be required to provide Council with a maintenance manual on completion of the project, detailing products and procedures for maintenance of the artwork;

· A Risk Assessment and Management Plan, in keeping with Council’s Work, Health and Safety and Insurance Requirements;

· Council may consult with community and stakeholders, seeking their feedback and input to selection and design stages of the project. The artist must agree to be available for community members to discuss direction and comment on the design as the project progresses

Mandatory requirements include:

· The artist must hold appropriate insurances, including public liability insurance to the value of $20 million

· The total budget for the project must consider all costs including installation of the artwork to final completion as outlined under the heading ‘budget’

· The project can be completed within the timeframe specified

Any proposals that do not meet the mandatory requirements will not progress.

Financial Implications

The budget allocation for the public art in the new Railway Square is included in the budget for the whole renewal project funded from capital works.

The total amount proposed for public art throughout the precinct is $130,000, with $80,000 for a sculpture allocated via an Expression of Interest process.

There is no cost to the public art budget.

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Strategy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 1

Byron Shire Council

Public Art for Railway Square

Expression of Interest

Artist Brief

Contents

Project Context 4

Byron Shire Council Public Art Strategy (Extracts). 4

Permanent art work. 4

Site specificity. 4

Meaning. 4

Sustainability. 4

Guiding Principles. 4

History. 5

The Site / The Park- Railway Square. 5

The Park Concept 6

Proposed Location for Primary Public Art Opportunity. 8

Curatorial Direction.. 9

Concept Design Considerations. 9

Budget 10

Timelines. 10

Project Stages. 10

Stage 1.. 10

Stage 2.. 11

Stage 3.. 11

Terms and Conditions. 12

Moral rights. 12

Other Terms and Conditions. 12

Project Context

In 2016 Council adopted the Byron Bay Town Centre Masterplan – a strategic document outlining a 20 year vision for the town. The Masterplan identifies Railway Park as a ‘catalyst site’ – its connection to the centre of town, the Railway Station, the bus stop on Jonson Street, the Visitor Centre and the Community Centre means that the park is a valued public space for the local community and a prominent space within the town centre for visitors.

In 2018-19 Council is upgrading Railway Park - bringing the area to life so that it can become a space the community is proud of and an attraction in its own right. Public Art elements will be incorporated into the upgrade to express the town’s culture and stories.

Byron Shire Council Public Art Strategy (Extracts)

Public art installations are considered an opportunity to showcase local artwork and also provide an opportunity to express the key ideas behind the commission (see below) to locals and visitors alike.

The Public Art Panel will be overseeing the artistic process as governed by the Public Art Guidelines and Criteria, the Public Art Strategy and the Council’s Public Art Policy.

Council is looking for public art that meets the public art objectives and considers the physical location in the artistic expression. The relevant guiding principles and policy statement are provided here for clarity.

Permanent art work

The Strategy recommends focusing resources on more permanent and sculptural works for the Shire.

Site specificity

All public art has to be relevant to its site, commissioned in response to values of identity and place, and of an appropriate scale to its context.

Meaning

Public art must reflect the cultural narratives of the Shire, calling on core themes that resonate with Byron Shire’s identity, sense of place and its indigenous heritage.

Sustainability

The longevity and robustness of artwork is vital not only to its artistic integrity but also as a means of minimizing maintenance requirements. In ephemeral public artworks this means ensuring work is of sustainable materiality

Guiding Principles

1. Distinctive Spaces - Create and commission innovative public art that reflects the values of the Shire’s communities.

2. Diverse Art Forms - encourage new, innovative art forms and styles.

3. Local Skilling and Employment - provide opportunities for local artists and community members to develop their professional skills.

4. Partnerships - develop and maintain collaborative partnerships with those involved in public art projects.

5. Local Culture- Public Art will reflect the local cultural diversity, identities, issues, values and sites of significant cultural and natural heritage.

6. Quality Facilities - create public art that contributes to the provision of quality amenities and facilities.

7. Sponsorship - encourage private and commercial sector contributions to public art and effective mechanisms for partnerships.

Council recognizes that high quality public art has the ability to enhance public places and spaces. It can also add immeasurably to a community’s sense of place, contribute to civic identity, address community needs, and activate public spaces.

Public art acquisitions will be:

a. Integral to social and cultural development as outlined in the Byron Shire Community Strategic Plan.

b. Developed and managed by appropriate procedures and processes (refer to Public Art Guidelines and Criteria)

c. Created considering standards of excellence, in a professional manner

d. Adequately planned with relevant stakeholders throughout the project duration

e. Meaningful, aesthetically stimulating and site specific

f. Aimed to provide a cultural outcome (see Cultural Outcomes below)

g. Supportive of local creative industries.

History

People have always come to Byron Bay.

The Aboriginal name for the Byron Bay area was "cavvanbah"- meeting place. Aboriginal people have lived in and visited the area for over 22,000 years. Northern NSW is the traditional land of the Bundjalung people and two clans include the Byron Bay area in their territory – the Arakwal from the south and Minjungbal from the north. The landscape is a source of Dreamtime stories and a place of plenty – the land provided views, sheltered and sandy beaches, seafood, wildlife, rainforest foods and clean water.

It is estimated that approximately 500 aboriginals were living in area when Captain Cook sailed past in May 1770. The bay and its three rocks were mapped in 1828 by William Johns of the HMAS Rainbow, which was under the command of Captain Rous.

Since the area was settled by Europeans in the late 1800’s the area has supported numerous industries such as cedar cutting, dairy farming with a significant co-op and butter factory, a pig industry producing small goods and canned products, sand mining and a short lived whaling industry. These industries where made viable due to the railway and jetty enabling products to be transported.

‘Byron Bay has been a working man's town. It's only since the factories have closed, and the many social and economic changes of our nation have created the time and the money to spare, that Byron Bay has become a playground.’ www.byron-bay.com/byronbay/ehistory

The Site / The Park- Railway Square

Railway Square is a traditional meeting place within the town centre of Byron Bay.

For generations children have played in the park and its trees, and people have rested in a quiet place close to the street- enjoying the shade in summer and the sunshine in winter.

The park has also been used as a gathering place for community events and demonstrations and for temporary market events such as the Byron Artisans Market.

Over more recent times some of these uses have reduced as a result of factors such as the termination of train services in 2004 and the disuse of the Station building, the dilapidation of park infrastructure, and the dilapidation of areas adjacent to the park including car park areas and buildings. As a result the park’s role as a welcoming and generous piece of public space at the gateway to the town centre has diminished.

For this reason Council is in the process of a significant upgrade of the park- a park Concept was endorsed by Council in 2017 and a small first stage of works was completed in early 2018.

Below is an aerial image of the park.

The Park Concept

The driving principle of the Park Concept is to make the park open and welcoming. Some of the key components of the park upgrade will include:

· A new public plaza area along the southern edge of the park that extends the park into areas that are currently car park and provides a public open space forecourt to the heritage Station Building

· A new play ground

· A central gathering feature around the existing Cottonwood tree at the heart of the park

· A pocket park entry space on the eastern edge of the park along Jonson Street

· A relocated toilet that allows for views into the park from Jonson Street

· Upgraded lighting

Also included in the Concept are elements of integrated and commissioned public art. This brief is for the primary commissioned public art component. The park design team is also in the early phases of a consultation process with local Arakwal representatives for the creation of integrated artwork treatments.

Below is a plan showing the Park Concept.

Proposed Location for Primary Public Art Opportunity

The proposed / preferred location for the public art piece is in the south-eastern corner of the park. This means that the piece can become a critical part of the welcome to the park and, by extension, the town centre. Artists can propose alternate locations for their artwork if desired- these proposals will be assessed on merit.

Below is a detail of the park plan showing the proposed location / zone for public art.

Curatorial Direction

Byron Bay is a cherished place. Loved by its locals and loved by over two million visitors every year. The selected site is prominently placed to welcome people to the park and to the town. The artwork should communicate new ideas of Byron Bay - environment, culture, people - while acknowledging what has come before.

We invite creative thinking and art proposals that:

· Reflect the cultural life of Byron Bay.

· Avoid slogans and cliché stereotypes.

· Think outside the box - create situations that will surprise, delight and engage.

· Are creative and innovative responses to the community and location.

· Create an experience not just decoration.

· Inspire curiosity, challenge our assumptions.

· Are cognisant of the existing site and proposed upgrades – refer attached concept design.

· Consider the heritage values of the Railway precinct.

Artists and artist teams are encouraged to undertake their own research to develop their artwork proposals. Artists can propose an alternative location if it better suits their concept.

Concept Design Considerations

The following concept and design considerations and constraints are important in developing the artwork proposal:

· Appropriateness to site and community - Artists should consider the history of the site and uniqueness of the location and its value to the Byron Bay community - site-specific proposals that reflect the region’s values and identity.

· Artwork considerations - Artworks should be of an appropriate scale to suit the context of the park and surroundings. Artworks with the ability to engage a broad audience are sought

· Functionality - Artworks should be cognisant of pedestrian movement around the Plaza and along Jonson St

· Lighting - Artists may consider design elements such as lighting or ensuring sculptural works have a night-time presence. Lighting is planned for the broader design of the park but it is encouraged that lighting specific to the artwork is considered.

· Materials – sustainability, safety and resilience - Fabrication of the artwork should consider its impact on the environment and long-term resilience. Minimum maintenance requirements and the coastal environment should be key considerations. The artwork must be as vandal-proof as possible and should pose no safety concerns to the community. Life expectancy of the artwork must be a minimum of 20 years.

Budget

A budget of up to $80,000 (excluding GST) is available.

The costing should include, but is not limited to artist fees, fabrication, transportation, installation, equipment, engineering and insurance costs, etc. The budget must cover all items and resources required to complete the project.

Timelines

Stage 1
EOI Opens	29 June 2018
EOI Closes	31 August 2018
Stage 2
Short listed artists notified	September 2018
Concept development due	October 2018
Stage 3
Selected Artist commissioned for documentation and fabrication	October 2018
Installation	Feb-June 2019 – to be confirmed with successful artist

Project Stages

Stage 1

EOI Submission requirements

· Artist/artist team contact details and CV

· Artwork statement (500 words) and dimensioned visual representation of proposed artwork

· Project Plan including materials, methodology and schedule for design, delivery and install of the artwork

· Budget including artist fees, delivery and install. The budget must cover all resources required to delivery your artwork.

· Referee contacts for 2 previously completed projects

· Insurance details

· Previous work – up to 10 images of previously completed projects

Submissions in PDF format should be emailed to : claire.mcgarry@byron.nsw.gov.au

Due Date 31^st August 3PM

Stage 1 – assessment criteria

1. Satisfies the principles, key ideas, thematic direction and purpose of the commission and best meets the requirements outlined in the project brief / shows an understanding of the brief;

2. The artwork is: a. Artistic and aesthetic concept design / demonstrates artistic excellence; b. locally and culturally appropriate; c. Requires low level maintenance (based on maintenance requirements);

3. Consideration of public safety, risk management and maintenance for anticipated life of the work

4. Meets relevant building and safety standards;

5. Meets the requirements of the project budget;

6. The project timeline can be met; and

Mandatory requirements include:

· The artist must hold appropriate insurances, including public liability insurance to the value of $20 million

· The total budget for the project must consider all costs including installation of the artwork to final completion as outlined under the heading ‘budget’

· The project can be completed within the timeframe specified

Any proposals that do not meet the mandatory requirements will not progress to further stages of assessment. Incomplete applications will not be considered.

Stage 2

Shortlisted Artists

A fee of $1,000 (exclusive of GST) will be paid to up to 4 selected artist/s to refine the artwork design and present to the Selection Panel and Council staff prior to contracting. 1 artwork will be selected to proceed to Stage 3.

Stage 3

One selected artist will enter a contract with Council to deliver this artwork for Railway Square.

· A project plan submitted to Council, prior to the commencement of work, confirming the design, methodology, timeline, budget and payment schedule;

· Regular updates on progress to nominated Council officers and project professionals through face-to-face meetings and by email as agreed;

· Presentation of a detailed design and methodology for the final artwork creation, application and installation for Council approval;

· Creation, supervision and installation of the artwork;

· Supply of certification from a structural engineer and engineering details (If required);

· The artist will be required to provide Council with a maintenance manual on completion of the project, detailing products and procedures for maintenance of the artwork;

· A Risk Assessment and Management Plan, in keeping with Council’s Work, Health and Safety and Insurance Requirements;

Terms and Conditions

The Terms and Conditions of the contract will address copyright and moral rights, including:

Copyright

· The successful artist/creative team will maintain copyright. However, Council’s intention is that the selected artist will give Council an irrevocable license to use the artwork and reproduce images of the artwork as Council sees fit.

· Council will properly attribute the role of the contractor in all reproductions of the artwork.

Moral rights

· The contract will also state that any moral rights of the artist are limited so as not to restrain the Council from making appropriate decisions relating to the artwork in the future.

Other Terms and Conditions

Process

Council is not bound to accept the lowest offer or any offer and will not be responsible for the costs incurred in preparing or submitting an offer.

Submissions that do not meet all the requirements of this RFQ may be excluded from further consideration.

Expenses

No payment will be made for any expenses or losses that may be incurred by the responding party in connection with the preparation of the RFQ or in visiting the site. Council is not liable for any expense or loss which may be incurred by a party in preparation of the RFQ.

Following assessment of all submissions received through the RFQ process, and prior to contracting, the selected artist may be required to further refine the proposal and present to the Selection Panel and Council Staff.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Bus Shelters Public Art Project

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/1790

Theme: Corporate Management

Community Development

Summary:

The Public Art Panel are requested to make a recommendation to Council selecting the artist to award the final commission.

RECOMMENDATION:

That the Public Art Panel recommend to Council that _______ is appointed from the shortlisted artists and be granted the commission for the Bus Shelters Public Art Project.

Attachments:

1 Expression of Interest - Bus Shelters Public Art Project, E2018/67478 , page 23 ⇩

Report

Council currently has 40 bus shelters with a condition rating from condition 1 (excellent) to condition 5 (very poor). Eleven (11) bus shelters, rated condition 4 and 5, pose the highest risk and user safety issues to the community. These 11 bus shelters cannot be easily maintained and renewed at a reasonable cost due to the condition of their component parts and the best value for money spend for Council is to renew the 11 shelters.

Council has been successful in receiving a grant for $110,000 from the Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) to replace eleven (11) of the highest risk bus shelters. Council is responsible for any additional costs to complete the works at each shelter location.

Council initially called for tenders to design and supply new bus shelters to replace 11 deteriorating bus shelters across the Shire, however Council rejected all the tenders and selected to replace the shelters in a creative way, with the following resolution at the 24^th May meeting.

Resolution 18-343 states that Council:

1. Not accept any tender submitted for Contract 2017-0042; Supply and Installation of Bus Shelters.

2. Establish a design competition for the supply and installations of 11 Bus Shelters and that this process ensures:

a) The works are completed by 30 June 2019.

b) Disability Standards for Accessible Public Transport are met.

c) The design completion and resultant works are achieved within the current budget allocation.

d) That delegates from the Public Art Panel are involved in the process.

Due to the project being grant funded, there are tight timeframes for delivery of installed bus shelters. Bus shelter locations vary from rural to village settings. Council seeks designs that reflect the cultural life of Byron Shire. A minimum of two designs are sought. Designs may be unique for each of the 11 bus shelters, or include a smaller number of designs that are able to be replicated in a range of locations. As part of the commissioning process, Council will retain the designs to use for future bus shelter upgrades.

The purpose of the commission is to provide functional artistic bus shelters that meet the Disability Standards for Accessible Public Transport.

In response to the Council resolution, volunteers from the Public Art Panel were requested to work with staff and an Expressions of Interest brief was developed (refer copy attached). The Public Art Panel members to form a sub-committee to work on the project include Cr Jan Hackett, Rick Molloy and Denise Napier.

The call for Expressions of Interest was advertised from 25 July with submissions closing on 31 August. Five compliant submissions were received and the sub-committee shortlisted the submissions at a meeting on 4^th September.

Three artists were shortlisted and subsequently requested to move to Stage 2 concept development design, with their stage 2 submissions due by 5 October. One of the shortlisted artists has withdrawn based on not being able to meet the budget requirements.

The two remaining shortlisted artist final submissions will be provided by email when received after the 5 October closing date.

The Public Art Panel are requested to select one artist to award the commission to for the Bus Shelter Public Art project.

The assessment criteria developed by staff with input from the PAP for this selection is copied below from the brief.

The final design proposal is to include:

· A written statement of concept philosophy and description of concept proposal

· Documentation consisting of scaled technical drawings to include plan, elevation and section, sketches and/or a model to convey the concept and scale of the proposed design

· Site plans showing proposed location of work(s)

· Final project budget indicating design development and installation costs

· Preferred materials and fabrication methods

· Indicative detail of footings and fixings to footings

· Outline of public safety, risk management and maintenance considerations for the life of the project – provide a risk assessment.

· Demonstration of how the Disability Discrimination Act requirements have been met.

· Fabrication and installation timeline.

Mandatory requirements include:

· The artist must hold appropriate insurances, including public liability insurance to the value of $20 million

· The total budget for the project must consider all costs including installation of the artwork to final completion as outlined under the heading ‘budget’

· The project can be completed within the timeframe specified

Any proposals that do not meet the mandatory requirements will not progress

Financial Implications

Nil to the public art budget.

This project is funded from the Country Passenger Transport Infrastructure Grants Scheme as described in the report, and from Council works budgets.

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Strategy

Public Art Guidelines and Criteria

Disability Standards for Accessible Public Transport.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4

Report No. 4.4 Update from Creative Mullumbimby (MOU)

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/1791

Theme: Corporate Management

Community Development

Summary:

A written report has been received from Creative Mullumbimby in relation to the MOU between Council and Creative Mullumbimby. Creative Mullumbimby have completed an expression of interest process to acquire a new sculpture for the Mullumbimby Sculpture Walk and this report provides the details of the proposed sculpture for the Public Art Panel’s assessment and subsequent recommendation to Council.

RECOMMENDATION:

That the Public Art Panel:

1. Receive and note the report

2. Recommend to Council to approve the new sculpture for Mullumbimby Sculpture Walk – ‘Elevate’ by Ellen Ferrier.

Attachments:

1 Public Art Asset Application from Mullumbimby Sculpture Walk for Elevate, E2018/78777 , page 65 ⇩

2 Public Art Risk Assessment for Elevate, Mullumbimby Sculpture Walk sculpture, E2018/78779 , page 67⇩

3 Public Art Maintenance Manual - ELEVATE, Mullumbimby Sculpture Walk, E2018/78822 , page 70⇩

4 Elevate Presentation - Mullumbimby Sculpture Walk, for Public Art Panel information, E2018/78823 , page 72⇩

Report

The following written report has been received from Creative Mullumbimby in relation to Council’s MOU with Creative Mullumbimby. A quarterly meeting of Creative Mullumbimby was held on 19 September with the Public Art Panel nominated representatives invited to attend.

1. Creative Mullum is currently managing the selection for the Chincogan Sculpture. Denise Napier, who is on the selection panel, will provide a report on the process at the PAP meeting. Matt Baird is also standing in for Peter Wood for the occasion. Robyn Sweaney, well known local artist and resident of Brunswick Terrace is the third selector.

2. The Ingenuity Sculpture Fest is under way and we have secured a $5000 donation for an acquisitional prize, in addition $5000 through Ben Franklin towards exhibition expenses. The prize donor will make the selection and in the case that the piece is not able to be permanently installed on the Mullum Sculpture Walk, the Byron Community College campus is a standby site. We are formally partnered with Mullum Music Fest. There are currently 15 sculptures registered for assessment by our curatorial panel and several more pending, the sculptures will be inspected by a qualified engineer during installation and verified safe for public. Arrangements for road closure of Brunswick Terrace for the fest week are also on track.

3. Creative Mullum recently held a Producing Public Art in Byron course at the Byron Community College campus in Mullumbimby. There were 13 enrolments who heard from industry professionals including Merran Morrison (Consultant), Rebecca Townsend (Consultant), Peter Wood (ANR), Joanne McMurtry (BSC), Malcolm Price (Architect), Dev Lengjel (Curator). We are interested in assisting the development of local artists who are equipped to operate in the public domain and believe that mentorships with out-of-town artists would be beneficial to this development. In the recent case of a Melbourne artist being commissioned for the Ewingsdale Roundabout, a mentorship would have been an appropriate inclusion to the commission and in keeping with Council Policy. I am appealing to members of PAP to consider this type of professional development for our local artists.

4. Regarding the inevitable maintenance of the public art portfolio, it is already included in Council Policy. I propose PAP consider an allocation of funds for this purpose, perhaps justifying an appeal for increase in annual budget.

Creative Mullumbimby have completed an expression of interest process to acquire a new sculpture, as described in the information above, for the Mullumbimby Sculpture Walk. The details of the proposed sculpture are provided in the attached documents for the Public Art Panel’s assessment and subsequent recommendation to Council.

Public Art Panel members that assisted in the process will be able to provide further information to the Panel at the meeting.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Strategy

Public Art Guidelines and Criteria

MOU between Council and Creative Mullumbimby

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 2

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.	no
Potential for injury or illness to public.	insignificant
Manual handling required during installation.	Insignificant
Traffic Hazards.	Insignificant
Engineer report required?	yes	Ensuring structural integrity
Concrete pads or barriers required?	Yes, during installation	Use of heavy equipment	Site barriers & cyclone fencing	none
Public Liability
Stable foundation.	yes
Need for lighting/illumination.	no		Ambient street lighting nearby
Need for enclosure.	no
Is infrastructure sound?	yes
Ongoing safety checks required to ensure stability?	10 years

Environmental hazard check including earthquake, winds and flood required?	No	Covered in engineering report
Environment
Impact on environment/earth collapse or erosion.	none
Potential impact on flora and fauna, air, soil, waterways or drains, noise.	none
Financial
Financial impacts – immediate and ongoing.	nil
Governance, Contractual & Legal
	LOW
Political, Reputation & Image
	LOW
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 4.4 - 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

Elevate

The reserve adjacent to Brunswick Terrace, Mullumbimby

Installation date to be advised

Artist Details

Ellen Ferrier

26 Kings Rd, Federal

ABN: 569 0230 1030

Ph: 0481 171 930

Email: elleferrier@gmail.com

Artwork Details

Description

'Elevate' is a series of five elevation profiles of Mt Chincogan, of varying length, height and orientation, which frame the footpath parallel to Brunswick Terrace (Site 12 on Mullum Sculpture Walk - MSW).

Two of the five profiles straddle the footpath, providing an ‘archway’ to pass beneath and a secondary entry point to the MSW. The three peripheral profiles are low-lying, enabling their functional use as seating or resting areas.

Artist Statement

The pyramidal form of Mt Chincogan is an iconic symbol of Mullumbimby and a significant landmark amongst the Northern Rivers caldera. As vessels of time and evolving geography, mountains reveal to us the history of the land and hold the memories of cultures past and present.

'Elevate' traces her profile at various locations along the mountain, providing an abstract yet proportionate understanding of the lay of the land. The invitation to walk under, around and through the form of Mt Chincogan provides a spatial engagement with the mountain’s monumental landscape, enabling an embodied understanding and ultimately, a deeper connection to it. As an echo of her physical form, it is my hope that ‘Elevate' will provoke reflection and contemplation of her untold stories and ancient rumblings of evolution.

Materials

Elevate will be made from a particular type of weathering steel known as

‘Cor-Ten’, which corrodes slowly on exposure, giving a uniform rusty brown finish. The benches will have a Cor-ten frame with a reclaimed hardwood timber bench-top that will sit flush within the frame.

All concrete footings will be recessed below ground level.

Fabricators and suppliers

Engineering:

(Likely) Philip Wallace

Keats St

Byron Bay

pwallace1@optusnet.com.au

0410 623 348

Fabrication:

Mullum Joinery Wood & Metal

Ross Industrial Complex,

Shop 4/26 Mill St,

Mullumbimby

mullumjoinery@gmail.com

(02) 6684 2821

Byron Bay Crane Hire

Ewingsdale Rd,

Byron Bay

0418 665 213

Concreter:

As yet, unknown.

Maintenance Schedule

Routine maintenance

The distinguishing features of Cor-ten is its corrosion-resistance and tensile strength. It has been chosen due to its ability to oxidise and change colour over time. As such, routine maintenance is significantly reduced with no painting or sealing required for its preservation.

The hardwood timber used in the bench tops will be incredibly durable, resistant to insects, fungi, and weather.

Graffiti removal and repair to accidental or deliberate damage

Most traditional methods used to clean steel (sand, grit blasting or chemical removal) destroy the patina, taking the light rust away and exposing the smooth steel underneath. The patina can't 'grow' back in these places and so a non-uniform, blotchy appearance occurs. Dry Ice Blasting, is therefore preferred as the non-abrasive and non-grinding effect of the cryogenic, thermal explosion, means that the paint can be removed without destroying the patina, thus maintaining the uniform appearance throughout the structure. It has the additional benefits of having no odour, harmful solvents or hazmat concerns.

If this process is deemed too expensive, then we may instead consider painting the uprights with a graffiti sealant to ensure ease of removal. It will, however, affect the patina forming on these areas.

I can inquire into the associated costs vs. longevity of both methods.

Longevity of Artwork

Typically the use of Corten in architectural applications such as building facades and decorative sound barriers on freeways, is due to its longer lifespan and aesthetic appearance as compared to other steel. Many projects using Corten products were installed in excess of forty years ago and there are no problems.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 11 October 2018
Time	9:00am