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 Public Art Strategy - Progress Report

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/2122

Theme: Corporate Management

Community Development

Summary:

The Public Art Strategy was adopted by Council in August 2018. This report provides an update on the implementation on Strategy actions, with suggestions for future projects for implementation.

RECOMMENDATION:

That the Public Art Panel:

1. Notes the report of progress of the Public Art Strategy since its adoption in August 2018.

2. Endorses the projects for 2019, being:

a) Review the Public Art Guidelines and Criteria considering the updated Public Art Policy, new Public Art Strategy and noting these Guidelines were last reviewed in 2014.

b) Develop a conservation and maintenance framework for existing Council-owned public artworks across the Shire including listing these as assets of Council on Council’s Asset Management System.

c) Undertake a priority public art commission as outlined in the Strategy once budget allocation and capital works programs have been confirmed.

Report

The Public Art Strategy was developed during 2017/18 following consultation with the Public Art Panel (PAP). The Strategy was adopted by Council in August 2018. This report provides an update on the implementation of Strategy actions, with suggestions for future projects.

The Public Art Strategy provides a framework for Council’s planning and decision making in relation to the commissioning and acquisition of public art, as well as its ongoing care and maintenance.

The vision articulated in the strategy is to position Byron Shire as an arts and cultural capital of Northern NSW with vibrant, contemporary public art through an innovative program that reflects and promotes the unique character and lifestyle of the region.

It provides a framework for:

1. Focal areas for public art, with priority projects – Bayshore Drive Roundabout; Bangalow Weir; Suffolk Park Education Land; water/sewer infrastructure and Ocean Shores town entry.

2. Integrating art into public works, for example, public amenities upgrades

3. Pooling funds to deliver high quality permanent artworks

4. Strong curatorial direction & project management.

5. Building strength into the Development Control Plan

6. Partnerships with community

7. Conservation and maintenance

8. Advocacy and education

9. Deferment of gifts

Progress

The Strategy articulates a clear direction for Council which has resulted in an unprecedented year of public art outcomes. To date the following projects are underway:

Focal areas for public art – commissions

Bayshore Drive Roundabout public art commission

Artist: Corey Thomas

Artwork: The Lighthouse

Value: $55,000

Completion date: December 2018

Railway Park public art commission

Artist: Giovannie Veronesi

Artwork: Momento Aestates

Value: $80,000

Completion date: October 2019

Integrating art into public works

Bus Shelters artistic treatment

Artist: to be determined

Artwork: design to be purchased and incorporated into durable material to replace glass panels in bus shelters

Value: to be determined

Completion date: June 2019

Public Art Chapter in Development Control Plan

A review has been conducted by the Public Art Panel, an amendment drafted and Councillors have received a presentation at a Strategic Planning Workshop. Steps to completion are outlined below.

Final draft of amendment reported to Council	13 December
If Council resolves, preparation for exhibition with a minimum 28 day public exhibition period	Submissions close February in preparation for March reporting
Review of submissions, required amendments & Report to Council	March meeting 2019

Developments that have come to the Public Art Panel for feedback in the past year include:

· YHA Byron Bay renovations

· Habitat development

· Mercato development

Partnerships with the Community

1. Partnership with Creative Mullumbimby

The MOU between Council and Creative Mullumbimby has resulted in the following deliverables from the Public Art Strategy:

· REVIVE sculpture launched as part of the Mullumbimby Sculpture Walk

· Elevate sculpture in process of being assessed with Public Art Panel members included on assessment committee with Creative Mullumbimby

· Two day public art course delivered with Council to potential artists This meets the education and advocacy area of the Strategy with the course outlining what it takes to deliver high quality public art outcomes.

The MOU provides a point of reference for Council and Creative Mullumbimby to work together in achieving public art outcomes in Byron Shire.

2. Brunswick Nature Sculpture Walk

Council provided financial assistance for the Brunswick Nature Sculpture Walk 2018 of $10,000 to:

· Enable established interstate artists to provide workshops for local sculptors and community

· Acquire a permanent sculpture for Brunswick Heads

· Curate sculptures

Proposed 2019 Projects

Evaluation and Feedback

Following a period of intense activity in public art, it is timely to evaluate and review current processes for commissioning large public art projects for the Public Art Panel. It has become clear that processes need to be developed to better manage the interface of the Public Art Panel with the ways in which Council project manages commissions.

Some issues to be addressed include:

· Ensuring that commissioning issues are clearly articulated and agreed by the whole PAP

· Developing clear feedback processes to PAP at critical points throughout the project

· Developing a process to include PAP on variation requests and management

· Designating a PAP spokesperson for each major commission so that staff have clarity of issues that require follow-up

It may be useful to refer to the ‘purpose’ listed in the Panel’s constitution:

1. Preamble

The Public Art Panel is a Panel of the Council and does not have executive power or authority to implement actions.

The role of the Panel is to provide appropriate specialist advice and recommendations to Council on matters relevant to this Constitution.

2. Purpose

The purpose of the Public Art Panel is to:

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

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

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

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

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

Review of Public Art Guidelines and Criteria

Following the review of the Public Art Policy and development of a Public Art Strategy, a review of the current Public Art Guidelines and Criteria should be undertaken to reflect these documents. The last review of the Public Art Guidelines and Criteria was in 2014.

This review would reflect the learnings from the past year’s public art activities.

Conservation and maintenance

Council has a Public Art Register. There is currently no maintenance schedule or budget for public artworks acquired by Council and no formal program for decommissioning artworks which have reached the end of their natural life.

Staff will prepare a report to the PAP outlining a framework to improve current processes for asset management of public art in 2019.

Focal areas for public art – commissions

Preliminary staff discussions have begun in relation to commissioning a priority public art project. Further information will be provided to the Panel in early 2019.

Financial Implications

No specific financial implications arise from this report. Budget implications for projects listed above will be reported as to the Panel as the scope of projects is finalised.

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 4.2

Report No. 4.2 Sculpture Acquisition for Mullumbimby Sculpture Walk

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/2172

Theme: Corporate Management

Community Development

Summary:

Information was provided at the 11^th October Public Art Panel meeting about a new sculpture acquisition for the Mullumbimby Sculpture Walk. This report provides further details of the proposed sculpture as requested by the Panel. The artist will be present at the meeting to answer questions.

RECOMMENDATION:

That the Public Art Panel recommends to Council to approve the new sculpture for Mullumbimby Sculpture Walk, ‘Elevate’ by Ellen Ferrier.

Attachments:

1 Elevate Presentation - Mullumbimby Sculpture Walk, for Public Art Panel information, E2018/78823 , page 11⇩

2 Elevate - Amended proposal for Mullum Sculpture Walk, E2018/90623 , page 12⇩

Report

Creative Mullumbimby has completed an expression of interest process to acquire a new sculpture for the Mullumbimby Sculpture Walk. The details of the proposed sculpture were provided in the 11^th October Public Art Panel agenda.

Panel members requested further information in relation to some areas of concern and made the following recommendation to Council which will be considered at the 22 November Ordinary Meeting:

RECOMMENDATION:

Provide in-principle support for a new sculpture for Mullumbimby Sculpture Walk – ‘Elevate’ by Ellen Ferrier, however before recommending approval for the sculpture, that engineering and structural designs be provided with the height risks resolved and that these be provided to the next available Public Art Panel meeting.

Further details have been provided by the artist and are provided in the attachments, along with the original presentation. The artist, Ellen Ferrier will be present at the meeting to answer questions.

The Public Art Panel is requested to make an assessment about the public art proposal and make a recommendation to Council.

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

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 29 November 2018
Time	9.00am