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

Staff Reports - Corporate and Community Services 3.1

Staff Reports - Corporate and Community Services

Report No. 3.1 Byron Shire Council Creative Public Spaces Grant 2023 -Succesful Applicants

Directorate: Corporate and Community Services

Report Author: Melitta Firth, Arts & Culture Officer

File No: I2023/1090

Summary:

The purpose of this report is to inform the Committee of the two successful applicants for the Creative Public Spaces Grant 2023.

RECOMMENDATION:

That the Committee notes successful applicants for the 2023 Creative Public Spaces Grant.

Report

Seven applications were received for Council’s 2023 Creative Public Spaces Grant Round. The total pool of funds available in this round is $5,000.

The Selection Panel was composed of two relevant Council representatives and one independent arts industry professional.

Two high quality projects have been selected for funding by the Selection Panel:

1. Lighting for the LOVE sign Mullumbimby & Launch – The Paddock Project: $3,700

The Paddock Project will recreate and light up the iconic Byron Shire “LOVE” artwork that sits at the entrance to Mullumbimby as a backdrop of Mt Chincogan. The LOVE sign is well recognised and appreciated by the community, evidenced by the significant community fundraising already achieved for its repair.

The LOVE sign was irreparably damaged in the floods and the Paddock Project has spent the past year raising money for its replacement. Studio Kite, a design studio based in the Pocket, has been appointed to remake the work. The new sign will be fabricated out of recycled plastic, 3D printed and secured to a concrete strip footing in its current position. Council funding will support the costs to illuminate the LOVE sign at night and a launch of the new sign. Lighting will allow illuminate different projections on culturally significant days like for example, NAIDOC week and LGBTQI pride events.

2. Signage – Queer Family: $1,300

A series of community workshops will bring artists and community together to collaborate on the creation of signage for Queer Family Inc. The co-designed signage will be significant for the organisation’s community visibility, as well as acting as a cultural marker in town.

Local artists Asphyxia and Nina Hurr will work closely with Queer Family and community

members in a co-design process to develop the concept for the sign. Local organisation Shedding will help bring the design to life, and community members will be invited to a workshop to help construct and decorate the sign.

Both projects will be required to work with Council to ensure adherence to the Development Control Plan (Signage) and to consider flood protection or mitigation strategies.

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.

Recent Resolutions

· 20-295: Report of the Public Art Panel meeting held on 9 April 2020. Resolved: 1. That Council adopts the Public Art Annual Small Grants Program, incorporating feedback provided from Public Art Panel members, and prepares to advertise the first round.

Legal/Statutory/Policy Considerations

Public Art Policy – adopted August 2018.

Public Art Strategy – adopted August 2018.

Public Art Guidelines – adopted December 2019.

Creative Public Spaces Grant Guidelines 2023

Financial Considerations

$5,000 from the Public Art Budget

Consultation and Engagement

Previous Public Art Panel

Council’s 2023 Creative Public Spaces Grant Selection Panel

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 3.2

Staff Reports - Sustainable Environment and Economy

Report No. 3.2 Events Strategy - Findings Paper

Directorate: Sustainable Environment and Economy

Report Author: Sharyn French, Manager Environmental and Economic Planning

File No: I2023/32

Summary:

We are working with consultants from Tilma Group to develop an Events Strategy for small to medium events in our Shire. The project aims to:

· align events with the values of our communities

· consider existing venues and land available

· streamline event planning and approvals processes for best practice

· support economic and social recovery

On the back of extensive research and discussions with event organisers through focus groups and interviews, a Findings Paper has been produced. The Findings Paper is the precursor to the Events Strategy and will be on exhibition until 10 September for broader industry and community feedback.

Linda from Tilma Consulting will present the paper to the Committee for their input.

RECOMMENDATION:

That the Committee note the presentation from Tilma Consulting on the Events Strategy Findings Paper.

Attachments:

1 Event Strategy Findings Paper - exhibition version, E2023/80308 , page ⇩ 12

Report

This Findings Paper has been developed to provide a platform for discussions on the critical elements of a Byron Shire Events Strategy. Specifically, the Paper seeks to:

1. Reflect the views and expertise of event stakeholders on the challenges and opportunities facing small to medium sized event attraction, growth and development in the Shire

2. Outline the aspirations, overarching principles and key pillars for best practice events.

Feedback gathered to date and directly to this Findings Paper will inform the development of the Events Strategy. The Byron Shire Events Strategy will:

• Outline the types of events that will achieve the best economic, social and environmental outcomes for Byron Shire now and in the future

• Identify the resources and initiatives needed to ensure event success

• Provide Byron Shire Council (Council) with a strategic framework to guide decision making on event support that maximises economic and social outcomes, optimises Council resources and increases the sustainability of local events.

The Strategy will fulfill actions in the draft Arts and Cultural Action Plan, the Community Strategic Plan 2032 and will align with the Business Industry and Visitor Economy Strategy being developed concurrently.

Linda from the Tilma Group will guide the Committee through the Findings Paper for their input.

Next steps

The Findings Paper will be on exhibition until 10 September 2023. A survey to accompany the paper will be available from 14 August at Events Strategy - Byron Shire Council (nsw.gov.au)

Committee members are encouraged to share the Findings Paper with their networks and can make further individual submissions.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
2: Inclusive Community	2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity	2.1.3: Events and festivals - Support and enable arts & cultural activity, festivals, projects, and events	2.1.3.10	Develop an Events Strategy

Recent Resolutions

• 22-288

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

Existing budget funds this work.

Consultation and Engagement

Engagement with Council staff, event organisers, venues, tourism and community representatives and state tourism bodies, as outlined in Attachment 1 of the Findings Paper, has informed the Paper.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 3.3

Staff Reports - Corporate and Community Services

Report No. 3.3 Preliminary Concept Proposal for Feedback - Arts & Culture Festival

Directorate: Corporate and Community Services

Report Author: Esmeralda Davis, Director Corporate and Community Services

File No: I2023/1104

Summary:

Council has received a preliminary concept proposal for a ‘Byron Shire Contemporary Art and Culture Festival’ (Attachment 1). The proposal was submitted by an Arts and Creative Industries Committee member, Cr Westheimer, for the Committee’s review and feedback.

RECOMMENDATION:

That the Committee notes the report and provides any feedback on the proposal.

Attachments:

1 Concept preliminary proposal for Art Festival - Cr Westheimer - Arts and Creative Industries Committee Meeting 17 August 2023, E2023/75589 , page 55

2 Further Information About Cementa Festival, E2023/76469 , page ⇩67

Report

Council received a preliminary concept proposal for an Arts and Culture Festival, submitted by Dr Peter Westheimer and Ms Maya Martin-Westheimer (Attachment 1).

The proposal notes that the proposed festival could be similar to multi-site hybrid festivals such as the Cementa Festival in Kandos NSW. The proposal cites a number of positive impacts for Byron Shire including cultural enrichment, economic opportunity, community connection and artistic development.

Council’s roles and priorities in arts and culture are documented in the Draft Arts & Culture Action Plan 2023-2026, on exhibition until end July, as well other strategic documents (e.g., Festival and Events Strategy under development). Council’s direct delivery of an Arts and Culture Festival has not been identified as a priority by stakeholders and is therefore not included in the Draft Arts & Culture Action Plan or Festival and Events Strategy.

Council has a limited budget for delivery of public art. The preliminary concept proposal does not include a budget or indicative budget range required for its delivery.

In light of these factors, it is vital to consider the role Council would have in progressing elements of this proposal.

It is recommended that the proposal authors further explore the preliminary concepts with regional creative groups and/or creative producers. Such discussions have the potential to achieve creative partnerships or may result in the proposal concepts being incorporated into another existing event(s).

Further detail on similar benchmark festivals is provided at Attachment 2.

Key considerations

· Leadership and coordination required from an industry organisation with dedicated creative producers and experienced event professionals,

· Ability to secure and attract sufficient funding and resourcing,

· Numerous established festivals in the shire, including Byron Music Festival, Art Byron, Brunswick Nature Sculpture Walk and others,

· Potential to partner with, and build on, existing festivals,

· Consistency with the Draft Arts and Culture Action Plan, Festivals and Events Strategy (under development), and the Business and Visitor Economy Strategy, and

· Council’s established role as an arts supporter rather than as a service provider in the festival and events industry.

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
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	2.1.3: Events and festivals - Support and enable arts & cultural activity, festivals, projects, and events		2.1.3.10	Initiate development of an Events Strategy

Recent Resolutions

Council Notice of Motion – Resolution 22-288 resolved:

1. That Council creates an action plan to enable and encourage small to medium sized festivals to operate in the Byron Shire.

2. That Council reviews small and medium sized festival proposals currently pending or recently determined to explore the feasibility for these festivals to be conducted in the period 2022-24.

3. That Council reviews its policy and processes to ensure we support enabling festivals to enhance our creative industries, provide jobs and opportunities for creative companies and workers, and to contribute to community well-being.

4. That as part of this process, council reviews their staffing and processes as part of an events strategy.

5. That council do further work to clarify the DA and tenure issues around local potential sites capable of hosting events of various sizes.

Legal/Statutory/Policy Considerations

Draft Arts and Culture Action Plan 2023-2026 identifies priority actions for Council in the arts and culture arena based on broad community feedback and consultation.

Festival and Event Strategy (under development) identifies priority actions related to Festivals and Events.

The proposed event does not currently align with identified Council priorities.

Consultation and Engagement

The preliminary concept could be further scoped and discussed with key stakeholders in the festival and events industry.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 17 August 2023
Time	9:00am