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 Code of Conduct for Councillors (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 the Code of Conduct for Councillors.

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.

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 of the provisions in the Code of Conduct (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 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 Memento Aestates - Project Update

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2020/717

Summary:

Council has commissioned a work (Memento Aestates) by artist Giovanni Veronesi for installation in the Byron Bay town centre.

This report:

· Provides an update on the Byron Rail Corridor project and its suitability as a site for Memento Aestates

· Provides a recommended alternative location for the artwork

· Provides a recommended manufacturing timeframe for the artwork

· Provides design documentation for the final form of the artwork

RECOMMENDATION:

That the Public Art Panel:

1. Supports / does not support the location of the Sandhills Estate Precinct for the artwork.

2. Recommends Council advises UAP to proceed with manufacture of the artwork and delivery to the depot for secure storage upon its completion.

3. Reviews the final design documentation for the artwork and advises of any concerns or issues to be resolved prior to final design endorsement.

Attachments:

1 Memento Aestates - Artist Handover Presentation Final design, E2020/34376 , page 8⇩

2 Memento Aestates - Folding Addendum - final design, E2020/34378 , page 20⇩

3 Memento Aestates - Panel Method REF - final design, E2020/34380 , page 21⇩

REPORT

Background

Memento Aestates by Giovanni Veronesi working under Urban Art Projects (UAP) Brisbane is the artwork commissioned by Council in November 2018 as part of the upgrade to Railway Park in the Byron Bay town centre.

There were delays in determining material and form of the sculpture. As a result of both delays and the finalisation of other design elements within Railway Park, Council resolved to remove Memento Aestates from the Railway Park scope of work and consider it for other locations within the Byron town centre.

Specialist consultant, Dan Plummer of Plummer & Smith, subsequently identified potential sites within the Byron Rail Corridor that may be suitable for Memento Aestates. The Public Art Panel then provided advice to Council on which site within the corridor would be most appropriate, which was adopted by Council at 12 December 2019 Council meeting (res 19-627).

Location of artwork

In December 2019, Council endorsed concept plans for restoration of the Byron rail corridor. Concept plans included Memento Aestates within the rail corridor as a feature / focal point.

In early 2020, Council engaged specialist consultants to advise on the project through the detailed design phase. Specifically, these were:

· Detailed design – Plummer & Smith

· REF – Geolink

· Heritage advice – Catalyst Heritage Architects

· Arts Coordinator – Plummer & Smith

Plummer & Smith have progressed with detailed design for the project and provided 50% detailed design to Catalyst Heritage Architects for formal advice.

In April 2020, Council received advice from Catalyst Heritage Architects in relation to the rail corridor project, which included the following:

Proposed Public Art ‘Banyan Tree’ (sic) appears to have little obvious interpretive connection or meaning relevant to the highly significant historical rail activities of the former Byron Bay rail corridor. Accordingly, the current location nominated for this Public Art piece (in the middle of the former rail corridor) is assessed as intrusive and will result in an adverse impact on heritage values. Accordingly, it is recommended that an alternative location be found to house this Public Art piece, noting it does not seem to be visibly connected to any of the former rail activities. If it must proceed, a location associated with the existing vegetation / wetlands may represent a more suitable location.

Staff and Plummer & Smith have discussed the advice with Catalyst and interrogated the rationale, with no change in the outcome.

Staff and Plummer & Smith have investigated opportunities for placing the artwork within the corridor but outside the heritage curtilage area. Plummer & Smith have advised that the site is not considered to be appropriate – the location is a low profile part of the site with low levels of visual access. This small area is dominated by existing trees, the adjacent car park, and an existing padmount transformer.

Staff assessed alternative sites within the Byron Bay town centre and wider surrounds, however the latter were discounted due to the artwork's Byron Bay site specificity.

Council staff identified public art opportunities within the Sandhills Estate precinct. The site opportunities were considered in light of both location and project timelines. Discussions are underway with stakeholders in preparation for the design phase of the Sandhills project. The Public Art Panel has previously supported this as a possible location for Memento Aestates and it is recommended the Panel restates its preference for Sandhills Estate precinct as the future site for this artwork.

Manufacture of the artwork

On 24 April 2020, a project meeting was held between:

- Council staff

- Plummer & Smith (in the Arts Coordinator capacity)

- UAP (Contracted artist)

- Giovanni Veronesi (artist/designer)

The purpose of this meeting was to provide UAP and the artist with an update on the status of the rail corridor project, and to discuss options for the project moving forward.

Feedback from UAP was as follows:

- They would like Council to pursue alternative site options so the artwork can continue to completion

- There is material available at the moment to begin manufacturing in June, but there are likely to be supply issues in terms of materials later this year which are likely to continue for an unknown period of time

- Supply issues will have a direct impact on project cost and will need to be reassessed once project timeframe in the new location is known.

Council staff have determined that the manufacture of the artwork can proceed and be delivered to the Council Byron Bay Depot for secure storage upon its completion.

The Public Art Panel’s advice and expertise is sought regarding a decision around manufacture timeframe to provide to Councillors to aid decision-making on the artwork.

Final Design

Following the selection of material and feedback about the artwork form at the November 2019 Public Art Panel meeting, the artist has refined the artwork. UAP and the artist have provided final design documentation, (the attachments to this report).

The Public Art Panel is asked to provide any feedback, including concerns which may need to be resolved prior to the final endorsement of the design.

Next Steps

If the Public Art Panel agrees on a recommendation for the location within the Sandhills Estate precinct, the following steps will be undertaken:

1. Council resolution sought to adopt the Public Art Panel recommendation (likely 27 August Ordinary Meeting)

2. The artist and UAP notified of the decision and a request for an updated costing and timeline/ construction program based on the final design documentation provided by the artist.

3. UAP asked to proceed with manufacture of the artwork for delivery to the Council Byron Bay Depot for storage.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.1

Support and encourage our vibrant culture and creativity

2.1.3

Enhance opportunities for interaction with art in public spaces

2.1.3.1

Implement Public Art Strategy

Legal/Statutory/Policy Considerations

Public Art Policy – adopted August 2018.

Public Art Strategy – adopted August 2018.

Public Art Guidelines – adopted December 2019.

Reviewed by Legal Counsel: ☐

Financial Considerations

A total budget of $80,000 has been allocated for the commissioning of this artwork, funded from paid parking and Section 94 Developer Contributions.

A $40,000 deposit has been paid to UAP. The remaining $40,000 has been retained for contracted project completion.

Any additional costs in fabricating the sculpture are likely to result in the final artwork being adjusted, most likely the scale being reduced, to deliver within the total $80,000 budget available for the project.

Reviewed by Manager Finance: ☐

Consultation and Engagement

Pending the recommendation from the Public Art Panel, the following groups and individuals will be engaged:

Byron Bay Town Centre Masterplan Guidance Group

UAP (the contractor) and Giovanni Veronesi (the artist)

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Public Art Proposal - Byron Bay Rotary Clock Mural

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2020/745

Summary:

Council has received a proposal for a mural on the Rotary Town Clock in Byron Bay. This report provides the proposal to the Public Art Panel in order for it to make a recommendation to Council.

RECOMMENDATION:

That the Public Art Panel considers the proposal for a mural on the Town Clock, Byron Bay and makes a recommendation to Council.

Attachments:

1 Public Art Asset Application for Mural on Town Clock Byron Bay, E2020/36286 , page 26 ⇩

2 Public Art Maintenance Manual for Mural on Town Clock Byron Bay, E2020/36288 , page 28 ⇩

3 Public Art Risk Assessment for Mural on Town Clock Byron Bay, E2020/36289 , page 30 ⇩

4 Clock Tower Byron Bay - Scale Drawing, E2020/36292 , page 34⇩

5 Rotary WELCOME clock mural Proposal Byron Bay, E2020/36295 , page 35⇩

6 WELCOME CLOCK TOWER Byron Bay by NIKKI POULOS - ARTIST STATEMENT, E2020/36299 , page 36⇩

7 nikki poulos - artist - byron bay - press kit - 2020 - Clock Byron Bay, E2020/36302 , page 37⇩

8 Letters of support for Nikki Poulos floral mural on Town Clock Byron Bay, E2020/36297 , page 51⇩

REPORT

Council has been approached by Rotary of Byron Bay to undertake a mural on the Town Clock in Marvell Street, Byron Bay. The clock needs repairs and Rotary seeks to paint a mural on the clock as part of the repair process, in partnership with Council.

Council is planning to undertake the below works which can be funded and completed as early as June. The works include:

1. Bricks on upper area need re-pointing. Missing Brick to be replaced.

2. Face brickwork to the base and surrounding the clock faces and upper area cleaned and possibly sealed.

3. There was a brick detail on three sides (see last photo), now removed and mortared over. Cut out the mortar and refit bricks (depending on final decision about a mural).

4. All painted areas repainted in matching colours (if mural proposal is not accepted)

5. Clock Perspex to be fully cleaned inside and out.

If the mural did not fit with the removed bricks, they would not be replaced; rather the holes would be rendered and then painted over.

The proposal, attached to this report, indicates that the proposed mural artist will use the Council installed scaffolding and traffic management while they are in place for the clock tower renovations.

The mural would wrap around all four faces of the rendered part of the clock tower and take approximately one week to install. The cost of the traffic management and scaffolding for the mural installation will be absorbed by Council. The mural and anti-graffiti coating are being donated by Rotary of Byron Bay.

Picture of Town Clock Byron Bay Proposed mural

taken 13 May 2020

Earlier photo of Town Clock showing brick decoration

Considerations

As part of its considerations, the Panel should take into account:

· The need for, and value in, community engagement about the proposal (noting there are some letters of support provided with the proposal)

· Whether there should be an EOI process for the design

Consultation

External: Rotary of Byron Bay and the local artist have undertaken some consultation and provided letters of support along with the artwork proposal.

Internal: Team Leader Open Spaces; Open Space Technical Officer

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.1

Support and encourage our vibrant culture and creativity

2.1.3

Enhance opportunities for interaction with art in public spaces

2.1.3.1

Implement Public Art Strategy

Legal/Statutory/Policy Considerations

Public Art Policy – adopted August 2018.

Public Art Strategy – adopted August 2018.

Public Art Guidelines – adopted December 2019.

Reviewed by Legal Counsel: ☐

Financial Considerations

Council would continue to be responsible for structural maintenance of the Town Clock, however the artist has indicated that they would be available to maintain the artwork as required while it remains in place.

Reviewed by Manager Finance: ☐

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.3

Staff Reports - Sustainable Environment and Economy

Report No. 4.3 Advice 4 Marvell Street Public Art Plan

Directorate: Sustainable Environment and Economy

Report Author: Patricia Docherty, Planner

File No: I2020/705

Summary:

This report provides the Panel members with a presentation regarding the public art plan for a new hotel at 4 Marvell Street, Byron Bay. The development application (DA No. 10.2017.588.1) for a mixed use development (primarily a tourist hotel) was approved by the NSW Land and Environment Court on 27 June 2019. The consent was granted prior to amendments to the Development Control Plan (DCP) 2019 that came into force on 11 September 2019.

As this development approval falls under the old DCP Public Art Chapter, the Public Art Panel is being consulted to provide feedback to enable the Planning Services Team to make an assessment about the public art proposed for the development. This is to ensure that the Public Art Plan is in accordance with conditions of consent, to be satisfied prior to issue of a construction certificate.

RECOMMENDATION:

That the Public Art Panel provides feedback to the assessment officer with regards to the attached public art proposal for the hotel development at 4 Marvell Street, Byron bay. Note the presentation (#E2020/38948).

Attachments:

1 260520_Public Art Plan - Marvell Hotel, E2020/38948 , page 61 ⇩

Report

This report provides the Panel members with a presentation regarding the public art plan for a new hotel at 4 Marvell Street, Byron Bay. The development application (DA No. 10.2017.588.1) for a hotel was approved by the NSW Land and Environment Court on 27 June 2019. The consent was granted prior to amendments to the Development Control Plan (DCP) 2019 that came into force on 11 September 2019.

The lack of provision of a Public Art Plan was a stated contention in the Court proceedings as it had not been provided with the development application for consideration by Council. Council proposed that this be addressed by condition of consent for approval by the Court to ensure that provision of Public Art did not fall away and was still required to be considered prior to construction.

As this development approval falls under the old DCP Public Art Chapter, the Public Art Panel is being consulted to provide feedback to enable the Planning Services Team to make an assessment about the public art proposed for the development. This is to ensure that the Public Art Plan is in accordance with the following condition of consent, to be satisfied prior to issue of a construction certificate.

Public Art Plan

Prior to application for a Construction Certificate, a Public Art Plan is to be submitted to Council for approval. The Public Art Plan is to make provision of public art to the value of at least 2% of the total development cost (calculated in accordance with the Environmental Planning & Assessment Regulation) up to a maximum of $25,000, as an integral part of the development.

Details of the nature, form, location and size of the proposed public art must be submitted for approval to Council before it is submitted as part of the construction certificate documentation and must include details indicating that the proposed public art:

(a) Is permanent and durable;

(b) Is in location on the development site that is freely accessible to members of the public or clearly visible from the public domain; and

(c) Demonstrates that it meets the following Design Selection Criteria:

(i) relevance and appropriateness of the work in relation to its site;

(ii) relevance and appropriateness of the work to Byron Shire, including the Shire’s Aboriginal heritage, its particular natural environment and its diverse culture;

(iii) consistency with the Byron Shire Cultural Plan and Public Art Policy;

(iv) consideration of public safety, including public use of and access to the public art and associated space;

(v) consideration of maintenance and durability, including potential for vandalism;

(vi) evidence of funding sources and satisfactory budget, including provision for ongoing maintenance; and

(vii) evidence of Public Liability Insurance to cover construction and installation of the work

The plans and specifications to accompany the construction certificate application are to include the Council approved Public Art Plan.

The assessing officer seeks feedback from the Public Art Panel to enable the Planning Services Team to approve the public art plan for the purposes of satisfying the above condition for a Construction Certificate to be issued.

The public art proposal for the hotel development at 4 Marvell Street, Byron Bay is attached for consideration by the Public Art Panel (#E2020/38948).

Financial Implications

N/A

Statutory and Policy Compliance Implications

Development consent 10.2017.588.1 and conditions granted by the NSW Land and Environment Court on 27 June 2019 are pursuant to the Environmental Planning and Assessment Act 1979; Environmental Planning and Assessment Regulation 2000; and the applicable provisions under the former DCP 2019 Chapter 8 Public Art (#E2018/27657).

Venue	Council Chambers, Station Street, Mullumbimby
Date	Thursday, 11 June 2020
Time	11.30am