Agenda of Arts and Creative Industries Advisory Committee 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)

Committee members are reminded that they should declare and manage all conflicts of interest in respect of any matter on this Agenda, in accordance with the Code of Conduct.

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.

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

BYRON SHIRE COUNCIL

Adoption of Minutes from Previous Meetings 3.1

Adoption of Minutes from Previous Meetings

Report No. 3.1 Adoption of Minutes of the Arts and Creative Industries Advisory Committee Meeting held 16 March 2023

Directorate: Corporate and Community Services

Report Author: Storm Townsend, Executive Assistant Corporate & Community Services

File No: I2023/414

RECOMMENDATION:

That the Minutes of the Arts and Creative Industries Advisory Committee Meeting held on 16 March 2023 be confirmed.

Attachments:

1 Minutes 16/03/2023 Arts and Creative Industries Advisory Committee, I2023/359

Report

The attachment to this report provides the Minutes of the Arts and Creative Industries Advisory Committee Meeting held on 16 March 2023.

Report to Council

The minutes were reported to Council on 27 April 2023

Comments

In accordance with the Committee Recommendations, Council resolved the following:

23-151 Resolved that Council notes the minutes of the Arts and Creative Industries Advisory Committee Meeting held on 16 March 2023. (Ndiaye/Westheimer)

23-152 Resolved that Council adopts the following Committee Recommendations:

1. The Arts and Creative Industry Advisory Committee notes the report and supports the development of the Events Strategy.

2. The Arts and Creative Industry Advisory Committee puts forward any additional stakeholders they would like to be considered for further consultation during the Events Strategy development. (Ndiaye/Westheimer)

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1

Staff Reports - Corporate and Community Services

Report No. 4.1 Basketball Court Art Project Proposal received from Laith McGregor & Art Courts Australia

Directorate: Corporate and Community Services

Report Author: Melitta Firth, Arts & Culture Officer

File No: I2022/1901

Summary:

The purpose of this Report is to seek feedback from the Committee on the proposal received from artist Laith McGregor to create an artwork at the Byron Recreation Grounds Basketball Court, Tennyson Street, Byron Bay.

RECOMMENDATION:

That the Committee provides feedback on the art proposal.

Attachments:

1 Confidential - ARTCOURTS Fee Proposal with Laith McGregor Basketball Courts Byron Rec Ground, E2023/36923

2 Confidential - Laith McGregor - Artist Fee Quote - Basketball Court -Byron Bay (21 Feb 2023), E2023/36932

Report

Council has received a proposal from contemporary artist Laith Macgregor to reinvigorate the Basketball Court at the Byron Recreation Grounds, Tennyson Street, Byron Bay.

The artist would work in partnership with specialists, Art Courts Australia, to create an integrated dynamic artwork design on the surface of the basketball court that is fully compliant with court line marking requirements.

Benefits of reinvigorating the court include increased community use, opportunity for engagement with youth in creation of the work and creating an iconic artwork by a leading contemporary artist at scale in the heart of Byron Bay.

The artist proposes developing three concept designs based on the history of the site for approval by the Committee, allowing local youth to be involved in the design trajectory, and potentially in the outer margins of the court painting.

Council is also currently investigating upgrades to this area, considering the proximity to the newly opened Sandhills Estate Skate Park, Jarjumirr Park. This project could complement planned upgrades and improve amenity of the area.

Site specifications:

There is one basketball court and two netball courts located at the site.

The artist has provided two options for the reinvigoration of the Byron Recreation Grounds:

1. Basketball court: 500m2 approx. = 16,280.00 + GST (excluding artists fees)

2. 2 x netball courts: 800m2 approx. = $ 46,040.00 + GST(excluding artists fees)

All three courts are in the process of being resurfaced due to severe weather damage.

The artists and Art Courts Australia have been liaising with Summer Jam in Prahran, a long running successful painted court in Victoria.

Art Courts Australia provided an initial quote and then agreed to reduce the price by approximately $4,000 in order to make the costing more viable for Council.

Examples of the type of art are included in Figure 1 and Figure 2 below.

Basketball Art Court

Figure 2: Belgian artist Katrien Vanderlinden’s painted mural informed by a children’s games in inner-city Aalst, Belgium.

Figure 2. Summer Jam Court, Victoria

Key issues

Managing vandalism

In the event the work is vandalised, the artist can repair the work at an hourly rate of $65. Art Courts have suggested it's worth noting that it is very difficult to damage these courts in a way that would require more than a pressure wash to remove. The surfaces are durable and tolerate all forms of traffic including heavy machinery which have been stress tested. To date Council has not had an issue with courts being vandalised with graffiti.

Ongoing maintenance

The Art Court life expectancy should be similar to that of usual line markings requiring attention after 10 years.

It is estimated that an annual budget of $2,000 is required for pressure cleaning and touch ups.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity	2.1.1: Public Art - Increase creativity in public spaces and build public art opportunities	2.1.1.1	Support Council’s role in public art across policy and projects (Council and Community), the Creative Place Grant program and the Development Control Plan.

Legal/Statutory/Policy Considerations

Public Art Guidelines

Public Art Strategy

Financial Considerations

The total project budget is expected to be $36,280 plus GST.

There is currently $33,000 in the public art budget (with $5,000 already committed). Additionally, there is $39,000 in the arts and culture budget (with $6,000 committed) that could be utilised towards this project.

Laith McGregor- Artist Fee $20,000 +GST

Art Courts Fee $16,280 +GST

Consultation and Engagement

Staff	Title	Outcome
Damian Kelly	Sports & Recreation Operations Coordinator	Supportive.
Malcolm Robertson	Manager Open Spaces and Facilities	Supportive. Encourages consultation with sports teams and communities who have undertaken this type of project.
Rachel Derbyshire	Acting Place Manager Byron Bay	Supportive. Advised that Byron Youth Service is supportive of project and would like to collaborate.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Jonson and Lawson Street Roundabout Mosaic Artworks

Directorate: Corporate and Community Services

Report Author: Melitta Firth, Arts & Culture Officer

Malcolm Robertson, Manager Open Space and Facilities

File No: I2023/557

Summary:

The purpose of this report is to consider options for repair or decommissioning of the mosaic roundabouts on Jonson and Lawson Street in Byron Bay town centre.

RECOMMENDATION:

That the Committee provides feedback and advice on the options for repairing or decommissioning the mosaic roundabouts in Byron Bay.

Report

The mosaic roundabouts on Lawson and Jonson Streets and Lawson and Middleton Streets are well loved iconic artworks in Byron Shire.

Unfortunately, they are currently damaged and in a poor state of presentation.

Council has explored options for repair, and for reasons outlined below is now considering decommissioning and removing these artworks.

Key considerations and constraints include traffic safety design and maintenance requirements.

Staff are seeking feedback from the Committee.

Images of the roundabouts are presented below.

Figure 1: Middleton and Lawson Street roundabout

Figure 2: Middleton and Lawson Street roundabout

Figure 3: Middleton and Lawson Street roundabout

Figure 4: Middleton and Lawson Street roundabout

Figure 5: Jonson and Lawson Street roundabout

Figure 6: Jonson and Lawson Street roundabout

Figure 7: Jonson and Lawson Street roundabout

Figure 8: Jonson and Lawson Street roundabout

Figure 9: Jonson and Lawson Street roundabout

Key issues

Risk to traffic safety

The raised walls, which provide the base for the applied artwork, are infrangible and pose a risk to traffic. This is evidenced by the frequent damage from vehicles and potentially damage to vehicles.

A recent review by Council Traffic and Transport Engineers has confirmed:

1. The existing structures would not be approved for construction under current standards for traffic control.

2. Maintenance and repairs can only safely be completed with full road closures.

The Open Spaces Team has advised that repairs to each roundabout are likely to take several days and the impact to traffic movement within Byron CBD would be significant. The cost of the required traffic control would also exhaust the annual budget to maintain public artworks across Byron Shire.

Any repairs would be temporary as the damage would be recurrent.

Engineers have reviewed whether the mosaics could be angled for protection however this would negatively impact the visibility of the work.

Open Spaces is recommending decommissioning the concrete / hebel walls, where the artwork is located. The artwork will be removed once budget is available to do so.

It is proposed that when budget allows, the raised walls be replaced by a mountable curbing and the roundabout maintained with a focus on vegetation rather than public art.

The cost to repair the roundabouts excluding the artwork would be at least $120,000 and would include night works, road closures and other expenses.

Compliant roundabout curbing and landscape renewal would be included in works.

Artist input

If repaired, the artist Colin Heaney has suggested that the structured waves that were prefabricated in hebel were brittle, so it may be possible to re-pour them in concrete. While this would be more durable it would be less flexible in terms of impacts of vehicles.

Public art significance

The 2018 Public Art Strategy identifies these roundabouts as key public art assets to be retained if possible.

Of note, the Strategy identified:

…. Damaged and unmaintained artwork presents a neglectful public image of the Shire. A review of various artworks on and off the Public Art Register reveals the importance of a strong maintenance program to be embedded in Council works programs. …

The mosaic roundabout in Byron Bay at Jonson and Lawson St should …. be repaired. This is an iconic intersection with a strong character, and the roundabout mosaics, installed by artist Colin Heaney and a band of talented volunteers in about 1999, should be repaired and restored to maintain the amenity of this site. Its sister roundabout at Middleton St, with small mosaics in a blue finish has established a thematic continuity to the street.

To remove the mosaics, simply because of neglect would be unpopular.”

Application for grant funding

Council has recently prepared a grant application to seek funding to support this roundabout renewal under the Community Local Infrastructure Recovery Package - Arts and Cultural Assets Program (ECAP Arts).

In recognition of the importance of the artworks to the history and creativity of our community, the grant application included a request for funding of $123,000 for decommissioning and to allow Council to commission new artwork in a more suitable location. Any new artwork could potentially incorporate sections of the mosaic that can be renewed.

Council is currently awaiting notification as to whether this grant application has been successful.

Other stakeholder input

The issues regarding sustainability and safety associated with the Lawson Street roundabout artworks were tabled for discussion at the Byron Masterplan Collective meeting in early June 2023.

A walk-through and viewing of the artworks were undertaken by the Masterplan Collective members, and there were no concerns about the artworks being decommissioned. The need for additional art installations was noted, but there was a strong position that art on roundabouts should be avoided.

The Masterplan Collective suggested the following options be explored

· Original artist be engaged to create an updated artwork elsewhere in Byron Bay

· There is a need for more artworks within Byron Bay CBD – as suggested by the draft Byron CBD Design Guide

· Potential locations could be considered at future main beach upgrades

· Options for imbedded mosaic designs within upgraded pedestrian pathways in CBD

· Possible add-on mosaic to the Byron Street town clock

Decommissioning process

The 2019 Public Art Guidelines outline the criteria for decommissioning:

Before a work may be considered for removal from public display, a formal process should be implemented and may consider:

· any conditions relating to the decommissioning of the artwork, as outlined in the original contract;

· changes to the environment impact on the integrity of the work, affecting the artist’s original intent or moral rights;

· whether the work has deteriorated and represents an unacceptable level of risk or danger to the public

· whether the artwork is beyond restoration or the cost of restoration is excessive in relation to the value of the public artwork;

· the opinions and advice of relevant stakeholders, including the artist, maintenance contractors, the owners of the building or land on which the artwork is located, or any other experts, such as engineers;

· community or cultural issues associated with the artwork, building, land and/or original commissioning process.

The Arts and Creative Industries Committee will provide advice on Council’s public artwork collection and the decommissioning process. Any artwork identified for decommissioning or remediation should not be removed, relocated, sold or destroyed without first notifying the artist.

The Committee will be required to consult with individuals with the relevant qualifications and/or expertise prior to making a decision to decommission public art works (e.g. legal advice, a conservator, curator; technical and structural experts and relevant Council staff).

All recommendations to decommission artworks will be referred to Council.

Options

Committee recommendations and options include:

1. Decommissioning the artworks.

2. Further consultation to inform a decision.

3. Council continues to seek funding to install artwork in alternative locations such as buildings or footpaths.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity	2.1.1: Public Art - Increase creativity in public spaces and build public art opportunities	2.1.1.1	Support Council’s role in public art across policy and projects (Council and Community), the Creative Place Grant program and the Development Control Plan.

Legal/Statutory/Policy Considerations

Public Art Strategy identifies the roundabout as key assets to be retained.

Financial Considerations

$124,000 approximate costs to ensure reconstructed roundabout (without mosaic artwork) is compliant. This excludes the placement of any new artworks.

Consultation and Engagement

Colin Heaney - Artist

Byron CBD Masterplan Guidance Collective

Council Engineers

Open Spaces Team

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3

Report No. 4.3 Draft Arts and Culture Action Plan

Directorate: Corporate and Community Services

Report Author: Melitta Firth, Arts & Culture Officer

File No: I2023/897

Summary:

The purpose of this report is to present the draft Arts and Culture Action Plan to the Committee for discussion and feedback (Attachment 1 E2023/57998).

RECOMMENDATION:

That the Committee notes the draft Arts and Culture Action Plan and provides any feedback.

Attachments:

1 Byron Shire Draft Arts & Culture Action Plan 2023–2026, E2023/57998

Report

In 2020, Byron Shire Council conducted significant community consultation to develop an Arts and Cultural Policy (E2020/69370). Detailed community feedback and comment was received. Included in the feedback was the desire for a more specific action-focused document or strategy, as well as the initiation of an Arts and Culture Officer role in Council to provide arts and cultural expertise.

Council resolved (Res 18-256) for a report to be presented outlining the process and associated costs to develop an Arts and Cultural Strategy. Councillors voted to develop an Arts and Cultural Strategy (Res 21-542).

A draft Arts and Culture Action Plan has been prepared internally. The Plan is presented as an action plan, rather than a strategy, to ensure Council can be responsive, flexible and action oriented.

The Plan highlights Council’s role and the diverse range of key stakeholders that contribute to supporting the creative life of the community.

The Action Plan will be used to attract funding and resources, and demonstrate Council’s commitment to a coordinated, whole-of-organisational approach to arts and cultural development.

The draft actions, included in the Plan, have been shared and workshopped with key industry stakeholders at the Arts and Culture Forum, and have also been informed by:

· extensive feedback provided by the community during the public exhibition of the Arts and Culture Policy

· internal staff consultation and collaboration

· consultation with Councillors at the June 2022 Strategic Workshop

· public consultation conducted as part of the Arts and Culture Forum held in November 2022 and attended by 116 industry professionals and creatives.

· feedback from Executive Team

Arts and Culture Action Plan

The purpose of the Arts and Culture Action Plan is to:

1. Prioritise our actions and investment in arts and cultural activity over the next three years.

2. Demonstrate our commitment to a coordinated, whole-of-organisational approach to arts and cultural development.

3. Attract funding and increased resources to the arts.

4. Highlight the diverse range of key stakeholders that contribute to supporting the creative life of the community.

5. Balance community aspirations and Council’s current resourcing and capacity.

The Arts and Culture Action Plan is presented in several parts:

Our Context. Recognising the impressive scope and distinctive nature of arts and cultural activities already available, and the enormous contribution made by artists and creatives living and working across the Shire.

Our Role. We are at times an enabler, commissioner, custodian, regulator, collaborator, or advocate.

Vision and Priorities. Our vision is to be an artistic and creative capital of Australia, home to world class creativity and a sustainable and thriving arts community. Our priorities focus on:

· Inclusive creative experiences for the whole community,

· Fostering a resilience creative sector committed to climate consciousness and ecological sustainability,

· Nurturing, amplifying, and supporting our artistic and creative industries, makers, artists and communities and

· Acknowledging and celebrating Aboriginal voices, stories, communities, cultural expression, and creativity.

Actions. The activities in the Plan are organised in four broad program areas that reflect Council’s arts and cultural touchpoints, organisational structure, and Community Strategic Plan. These program areas are:

· Arts and Cultural Infrastructure

· Public Art and Creative Activation of the Public Domain

· Enabling Arts and Cultural Activity

· Supporting Festivals Events and Screen Industry Activity

Actions in the plan are categorised under deliver, improve, and grow.

· Deliver: indicates activities that we already do to support the arts and creative industries

· Improve: activities that will require more time and allocation of resources

· Grow: acknowledges that some activities will take time to deliver, these are larger items that we want to see happen in our community with significant external resourcing required

Reporting. The actions and achievements of the Plan will be monitored through the Operational Plan and Annual Report each year.

Further feedback and consultation will occur through the public exhibition process via Your Say Byron Shire.

A further report will be brought to Council after submissions are received.

Arts and Creative Industries Advisory Committee members are encouraged to make a written submission via Council website.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity	2.1.4: Artistic and creative industries - Build, support, and advocate for the artistic and creative industries of the Shire to inspire a thriving and sustainable arts community	2.1.4.2	Develop Arts and Culture Action Plan

Recent Resolutions

Res 21-542 Notice of Motion No. 9.2 Drafting a Strategic Plan for Arts and Culture

· Resolved:

· 1. That a briefing be provided to Councillors in March 2022, outlining progress thus far on development of a Strategic Plan for the Arts and Culture. This progress report to consider:

a) Community and stake-holders engagement to date

b) Community needs and wants

c) What have we got, what’s working for us, what’s not?

d) Where do we want to take the arts and culture in this Shire (Vision)

e) Starting from what we’ve got, how might we reach our goals, over time.

· 2. That the Strategic Plan for the Arts and Culture be delivered by October 2022. (Hackett/Spooner)

Legal/Statutory/Policy Considerations

The requirements for Integrated Planning and Reporting are governed by Sections 402-406 of the Local Government Act 1993.

Relevant policies include:

· Arts and Culture Policy (2020)

· Public Art Guidelines (2019)

· Public Art Policy (2018)

· Public Art Strategy (2018)

Financial Considerations

The proposed actions in the draft Arts and Culture Action Plan will be delivered within the resourcing levels included in the operational and capital works budgets each financial year, subject to Council approval.

Actions included in the Plan are organised around three areas: deliver, improve, and grow.

Actions that require additional funding and resources to be progressed are classified as either improve or grow.

Consultation and Engagement

The Arts and Culture Action Plan has been informed by consultation and engagement with key stakeholders over the last five years, including:

· Community consultation and feedback received during the development of the Arts and Culture Policy in 2019 and 2020.

· Citizen’s Lottery - comprised of 400 people who nominated to provide feedback and opinion on Council matters

· Consultation with Councillors at the June 2022 Strategic Workshop.

· Community consultation at the Arts and Culture Forum in November 2022. 116 industry professionals and creatives were in attendance.

· Arts and Creative Industries Advisory Committee Members and Public Art Panel Members.

· Staff consultation and collaboration across all Directorates.

Prior to the adoption the Arts and Culture Action Plan, Council must consider any submissions received during the exhibition period.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 29 June 2023
Time	9:00am