NOTICE OF MEETING

 

 

 

 

ORDINARY MEETING

 

 

An Ordinary Meeting of Byron Shire Council will be held as follows:

 

Venue

Council Chambers, Station Street, Mullumbimby

Date

Thursday, 9 February 2012

Time

10.30am

 

 

This meeting will be open to the public and the press.

 

Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

Submissions and questions from the public - Anyone wishing to make a submission to Council on an item outside the Agenda or to ask a question of a general nature to Councillors or to the General Manager will be able to do so at the completion of the Public Access period (refer note above) time permitting and at the discretion of the Mayor.

 

 

 

 

 

Graeme Faulkner

General Manager                                                                                                                   #1194387

                                                                                                                                    Distributed 02/02/12
Amended 03/02/12 (Late Report 16.1)
Amended 07/02/12 (Late Report 17.1)


 

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.


BUSINESS OF ORDINARY MEETING

 

1.    APOLOGIES

 

2.    REQUESTS FOR LEAVE OF ABSENCE

 

3.    DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY

 

4.    TABLING OF PECUNIARY INTEREST RETURNS (s450A Local Government Act 1993)

 

5.        ADOPTION OF MINUTES FROM PREVIOUS MEETINGS

 

5.1.       Extraordinary Meeting held on 8 December 2011

5.2.       Ordinary Meeting held on 15 December 2011

 

6.    RESERVATION OF ITEMS FOR DEBATE AND ORDER OF BUSINESS

 

7.    MAYORAL MINUTE

8.        NOTICES OF MOTION

 

8.1.       Exercise Equipment............................................................................................................. 4

8.2.       College of Marine Studies.................................................................................................... 6

8.3.       Mullumbimby Civic Centre Precinct Safety Stakeholder Meeting..................................... 8

8.4.       CBD & Town Centre Design and Development Conference............................................ 10

8.5.       Review of Rates for bed and breakfast establishments.................................................... 12

8.6.       Review of charges for community markets and holiday park cabins............................... 14

 

9.    PETITIONS

 

10.  SUBMISSIONS AND GRANTS

 

11.  DELEGATES’ REPORTS

 

12.    REPORTS BY DIVISION

 

General Manager

12.1.   Management Plan Review 2011-2014 for the period October to December 2011.......... 17

12.2.   Loss of Crown Caravan Parks administered by Byron Shire Holiday Parks Reserve Trust in 2006       19

12.3.   Constitutional Recognition of Local Government.............................................................. 22

 

Community Infrastructure

12.4.   Report of Belongil Creek Floodplain Risk Management Committee meeting held on 13 December 2011                                                                                                                                            24

12.5.   Report of North Byron Coastal Creeks Floodplain Risk Management Committee meeting held on 13 December 2011................................................................................................................. 29

12.6.   Public submissions on Draft Policy for Wet Weather Sporting Ground Closures............. 32

12.7.   Naming of fields at Bangalow and Byron Regional Sport and Cultural Complex............. 35

12.8.   Status report on Fleet Management Action Plan............................................................... 37

Corporate Management

12.9.        Local Government Elections September 2012 Key Dates – Constitutional Referendum or Council Poll......................................................................................................................................... 40

12.10.    Draft Guidelines - Section 355 Management Committees............................................. 44

12.11.    Heritage House Bangalow Section 355 Committee – Amended fees and charges....... 46

12.12.    Water, Waste and Sewer Advisory Committee membership......................................... 50

12.13.    PLANNING - Public submission on the exhibition of the Draft Air Space Policy........... 52

12.14.    Request for reduction in fees - Byron Artisan Market.................................................... 57

12.15.    2011-2012 Financial Assistance Grant........................................................................... 61

12.16.    Council holiday parks financial performance 2010/2011................................................ 64

12.17.    Investments –November and December 2011............................................................... 67

12.18.    Budget Review - 1 October to 31 December 2011........................................................ 74

12.19.    Council Resolutions Review for the period October to December 2011........................ 85

12.20.    Removal of rotunda in Mullumbimby Reserve............................................................... 87

 

Environment and Planning

12.21.    Byron Shire Greenhouse Emission and Energy Consumption Status Report - 2010/11 Period            91

12.22.    Evaluation of trial beach scraping episode, New Brighton Beach.................................. 95

12.23.    PLANNING - Report on expenditure of S94 funds Broken Head Hall at 356 Broken Head Road, Broken Head.............................................................................................................................. 109

12.24.    PLANNING - 10.2011.377.1 - Subdivision to create 11 lots and balance lot............... 112

12.25.    PLANNING - 10.2011.319.1 - Subdivision to create four residential lots and one residual lot   140

12.26.    PLANNING - 10.2011.359.1 - Consent conditions 1 Mullumbimby Road, Myocum... 172

12.27.    PLANNING - 10.2011.191.1 s82A Review - Use of part of the tourist premises for up to 14 functions annually - Limited to a maximum of 70 guests per function - 6/137 Beach Road, Broken Head          174

12.28.    PLANNING - DA 10.2010.576.1 Beaches of Byron Caravan Park at 5-37 Broken Head Road, Byron Bay................................................................................................................................ 182

 

Organisational Support

12.29.    PLANNING - Legal Status Report as at 23 January 2012........................................... 222

12.30.    PLANNING - BSC ats Bowen LEC 41265/2012.......................................................... 233

 

Society and Culture

12.31.    Request to join the steering committee for a proposed Byron Shire Local Tourism Organisation         238

12.32.    Youth Council appointments 2012................................................................................ 241

12.33.    Revised status report on the implementation of the Disability Access and Inclusion Plan 2008-2013   244

 

13.    COMMITTEE REPORTS

 

Society and Culture

13.1.        Report of the Tourism Advisory Committee Meeting held on 8 December 2011........ 247

 

14.    COUNCILLORS’ QUESTIONS WITH NOTICE

 

15.    CONFIDENTIAL REPORTS

 

Community Infrastructure

15.1.        CONFIDENTIAL Tender Assessment – Management Contract Multi Purpose Facility BRSCC          250

 

Environment and Planning

15.2.        CONFIDENTIAL Old Byron Bay Beach Resort site, Bayshore Drive, Byron Bay...... 254

 

Water and Recycling

15.3.   CONFIDENTIAL Land Matters - Myocum Landfill......................................................... 258

 

16.  LATE REPORT

 

Corporate Management

16.1.    Request for lifting of Caveat - Byron Bay Community Association - 69 Jonson Street, Byron Bay Lot 1 DP524709...................................................................................................................... 260

 

17.  CONFIDENTIAL LATE REPORT

 

Community Infrastructure

 

17.1.... CONFIDENTIAL Interim Management of BRSCC Multi Purpose Facility.................. 263

 

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Executive Manager prior to the meeting. Any suggested amendments to the recommendations should be provided to the Administration section prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 

 

 

 

 

Version 3 of 3

 

 

NOTICES OF MOTION

 

Notice of Motion No. 8.1.

Exercise Equipment

ENG540000 #1177327

 

I move that Council receive a report on the installation of exercise equipment at the following places.  The equipment to be the same as that installed in Waterlily Park at Ocean Shores.

 

1.    Mullumbimby Civic Centre precinct

2.    Brunswick Heads Terrace Park

3.    Bangalow (a site to be determined)

4.    Byron Bay in Railway Park

 

 

Signed:   Cr Diane Woods

 

Councillor’s Background Notes:

 

The Waterlily Park exercise equipment installed recently has proved to be a great success, providing a great area for the community to gather with their children to socialise and also gain health benefits by using the installed equipment.

 

It would be of great advantage to have the same equipment installed in the neighbourhood precinct of the Mullumbimby Civic Centre, as it would provide an area for the community who gather there, a place to increase their physical wellbeing at no cost.

 

The area suggested for Brunswick Heads is at the southern end of the Terrace Park, near the swings and under the lovely fig tree.

 

The installation of this equipment if done the same as Waterlily Park, contains the cost to one area and is less expensive to maintain than if it was spread out along the riverbank as was first suggested for Brunswick Heads.

 

For Bangalow, consultation with the community for a suitable site would be best.

 

For Byron Bay, the Railway Park precinct would be improved with such an area where adults and children could gather.

 

Recommended priority relative to other Management Plan tasks:

High.

 

Definition of the project/task:

A report come back to Council early in the New Year.

 

Source of Funds (if applicable):

Open Space supported by grant applications.

 

Comments Executive Manager Community Infrastructure:

 

Clarification of project/task:

The exercise equipment installed at Waterlily Park has proved popular but has been subjected to vandalism, consequently further installations should be in positions where a high level of informal surveillance is possible. Guidelines for crime prevention through environmental design (CPTED) should be employed when designing the installation.

Executive Manager responsible for task implementation:

Community Infrastructure

 

Relationship to, priority of, and impact on other projects/tasks:

Consideration should be given as to the likelihood of this equipment being exploited by the many personal fitness trainers and commercial boot camps operating in Byron Bay and Brunswick Heads. This may have implications within Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves.

 

Financial and Resource Implications:

The array of equipment and associated soft-fall installed at Waterlily Park cost $50,000. It would need to be ensured that these amounts were available from Section 94 or an alternative source for each proposed location.

 

Legal and Policy Implications:

Council resolved (11-486) not to undertake maintenance works on Crown land that is not under Council control or management this may preclude the installation at the terrace Brunswick Heads which is under Crown management unless it is on a full cost recovery basis.

 

 

Notice of Motion No. 8.2.

College of Marine Studies

COR405527 #1189931

 

I move that Council reaffirm its support to the Marine College proposal and write a letter to the Minister for Local Government, Don Page, and the Minister for Primary Industries and Small Business, Katrina Hodgkinson, stating its support.

 

 

Signed:   Cr Diane Woods

 

Councillor’s Background Notes:

 

The Marine College proposal has been developed over 8 years and a feasibility study showed that it would be a great asset to the Byron Shire.

 

The proponents have been working tirelessly to bring together the Education Department, Department of Infrastructure, Indigenous groups and many other interested parties, to assist with the development of the proposed college.

 

Recommended priority relative to other Management Plan tasks:

NA

 

Definition of the project/task:

NA

 

Source of Funds (if applicable):

NA

 

Comments Executive Manager Corporate Management:

 

Clarification of project/task:

The Notice of Motion is seeking Council to reaffirm its support to the Marine College proposal and write to the Minister for Local Government, Don Page, and the Minister for Primary Industries and Small Business, Katrina Hodgkinson, stating this support.

 

Representatives of the Marine College proposal, at a meeting held on 24 January 2012, indicated that they would be meeting with the Minister for Primary Industries on 9 February 2012 to discuss the proposal. The representatives at this meeting sought the support of Council and asked that Council write to the Minister and the Minister of Local Government reaffirming Council’s support for their proposal.

 

On the basis that Council was not meeting until 9 February 2012, and as such is unable to consider this most recent request until that date, management have written to both the Minister for Local Government, Don Page, and the Minister for Primary Industries and Small Business, Katrina Hodgkinson, to provide copies of past Council resolutions indicating the Council’s support of the Brunswick Heads Boat Harbour/Marine College proposal.

 

A copy of the correspondence to Minister for Local Government, Don Page, and the Minister for Primary Industries and Small Business, Katrina Hodgkinson, has been included at Annexure 42(a) and 42(b) to this Notice of Motion.

 

Executive Manager responsible for task implementation:

Executive Manager Corporate Management

 

Relationship to, priority of, and impact on other projects/tasks:

This task will not impact on other projects or tasks.

 

Financial and Resource Implications:

The task will be undertaken within existing allocated resources and will not have any additional resource impacts.

 

Legal and Policy Implications:

The Notice of Motion will reaffirm the position of support previously adopted by Council.

 

 

Attachments:

 

·       Correspondence to Minister for Primary Industries and Small Business
#1189963 [7 pages]......................................................................................................... Annexure 42(a)

·       Correspondence to Minister for Local Government #1189939 [7 pages]............................. Annexure 42(b)

 

 

 

 

Notice of Motion No. 8.3.

Mullumbimby Civic Centre Precinct Safety Stakeholder Meeting

COR405527 #1191153

 

I move:

 

1.       That a meeting be convened with key precinct stakeholders to identify main issues around the safety, security and maintenance of the Mullumbimby Civic Centre Precinct.

 

2.       That the meeting is to be convened before April.

 

3.       That recommendations arising from the meeting be brought to Council.

 

 

Signed: Cr Simon Richardson

 

Councillor’s Background Notes:

Recently, it has become apparent that many safety and security issues have begun to hamper efforts in maintaining the facilities around the Mullumbimby Civic Hall. Homeless members of the community have felt safe to sleep and keep their possessions in and around the Hall for many years. However, of late, property damage and unsanitary behaviour have occurred.  This has the potential for current hirers and users of the space to seek to move elsewhere, depriving the area of popular events and classes and weakening important threads in the fabric of the Mullumbimby and surrounding community. As the rotunda in the open space area within the precinct has also often been the subject of resident’s complaints and property damage, a failure to address these issues has the capacity to escalate tensions within the community, perhaps leading to further estrangement felt by our homeless. A meeting convened by Council and attended by members and organisations surrounding the precinct would be a first step in an effort to minimise risks to all precinct users and the general public.

 

Recommended priority relative to other Management Plan tasks:

This meeting and the recommendations arising may assist to inform the Community Safety Plan and the review of existing and development of new policies and procedures for Community Infrastructure 2011/12 (15.2 and 16.1 of Management Plan).

 

Definition of the project/task:

The convening of a meeting to address safety and security issues within the Mullumbimby Civic Centre Precinct.

 

Source of Funds (if applicable):

As for current meetings only staff time will be impacted.

 

Comments Executive Manager Corporate Management:

 

Clarification of project/task:

In response to complaints received over the last twelve months or so by Council and Mullumbimby Police, staff have prepared a report to this meeting titled “Removal of Rotunda in Mullumbimby Reserve. The complaints received from the community relate to people occupying and living in the rotunda in Mullumbimby Reserve. 

 

The report provides a background on the complaints received and the investigations undertaken.

 

In addition to complaints received by Council and Mullumbimby Police in relation to the occupation of the Rotunda or other structures within the precinct, complaints are received in relation to behaviour impacting on the operation of the Mullumbimby Civic Hall.

 

The most recent complaint was received on 31 January 2012, and related to an instance where someone threw a beer bottle through the door trying to hit the cleaner while they were mopping the floor.  The bottle smashed and glass went all over the floor just missing the cleaner. The cleaner was unable to identify the person involved as they ran off. 

 

There is a concern that this incident or similar incidents may impact on hiring of the hall and result in a loss of revenue.

 

The Notice of Motion requires the convening of a meeting with key precinct stakeholders to identify main issues around the safety, security and maintenance of the Mullumbimby Civic Centre Precinct. The meeting is to be convened prior to April 2012 with the recommendations from the meeting to be reported to Council.

 

The meeting should ideally include interested Councillors, members of the Mullumbimby Civic Hall Board of Management, representatives of Corporate Management and Society and Culture, precinct stakeholder representatives from the RSL and the Mullumbimby & District Neighbourhood Centre and a note taker.

 

Executive Managers responsible for task implementation:

Executive Manager Society and Culture and Executive Manager Corporate Management

 

Relationship to, priority of, and impact on other projects/tasks

It is not envisaged that convening of a meeting and preparation of a report to Council will have an impact on other priorities or projects.

 

Financial and Resource Implications:

Staff resources in the organising and holding of a meeting.

 

Once the meeting has identified all the security and safety concerns, it will be necessary for these concerns to be reported to Council.

 

Community complaints to Council have been made in relation to the rotunda located in the Mullumbimby Civic Precinct, near the Mullumbimby Civic Hall. The report provided to Council at this meeting discusses this specific topic, and offers some recommendations for future action. A budget allocation of $2,000 has been identified in this report in respect of the staff recommendation.

 

Legal and Policy Implications:

Council has obligations under the Workplace Health and Safety Act to ensure that minimum standards of health and safety are maintained. The meeting will allow for any issues to be identified. The meeting outcomes will also inform any review of existing and the development of new policies and procedures.

 

 

 

Notice of Motion No. 8.4.

CBD & Town Centre Design and Development Conference

COR405000 #1187159

 

I move that Council appoint a Councillor or Councillors to attend the CBD & Town Centre Design and Development Conference in Sydney from 23-24 May 2011.

 

 

Signed:   Cr Jan Barham

 

Councillor’s Background Notes:

 

This conference will provide comprehensive analysis and advice on how to optimise the infrastructure and design of key community hubs.

 

The conference will provide valuable information on how we on how Council can enhance our town centres for the benefit of the whole community.

 

Source: www.cbdconference.com.au

 

Recommended priority relative to other Management Plan tasks:

High.

 

Definition of the project/task:

N/A

 

Source of Funds (if applicable):

Councillor Expenses – Professional Development – Conferences (2145.4)

 

Approximate cost:

 

-            Registration        $900

-            Travel                 $400

-            Accommodation $250

 

Total:                     $1,550

 

Comments Executive Manager Corporate Management:

 

Clarification of project/task:

This Notice of Motion seeks funding for attendance at the CBD & Town Centre Design and Development Conference.  Councillor attendance at the conference is supported.

 

Executive Manager responsible for task implementation:

Corporate Management

 

Relationship to, priority of, and impact on other projects/tasks:

There will be no impact on other projects.

 

Financial and Resource Implications:

The approximate funds currently available in the Councillors – Conferences Budget is $8053.17.

 

Legal and Policy Implications:

In accordance with Clause 7.3.1 of Council’s Policy 1.1 Mayor and Councillors Payment of Expenses and Provision of Facilities “A resolution of Council is required to authorise attendance of Councillors at any other discretionary conference, seminar or training.”

 

Clause 7.2.1 details the Conferences and Seminars that may be attended by Councillors.

 

Clause 7.2.1 reads as follows:

 

“7.2.1. The conferences, seminars, workshops, courses and similar to which this

policy applies shall generally be confined to:

 

a)      Local Government Association Annual (LGA and Australian local Government Association (ALGA) Conferences;

 

b)      Special “one-off” conferences called or sponsored by or for LGA and/or ALGA on important issues;

 

c)      Annual conferences and congresses of the major professions in local government;

 

d)      Australian Sister Cities Conferences;

 

e)      Regional Organisation of Councils Conferences

 

f)       Conferences which advance the professional development of elected members in their role as Councillors.”

 

g)      Any meetings or conferences of organisations or bodies on which a Councillor of the Council may be elected, or appointed to be, a delegate or member of the Council or the LGA.

 

h)      Seminars which further the training and development efforts of the Council and within the budget framework.

 

 

 

Notice of Motion No. 8.5.

Review of Rates for bed and breakfast establishments

COR405527 #1190553

 

I move that Council consider the application of commercial rating charges for bed and breakfast establishments and take appropriate steps to ensure compliance with legislation and or review other means of allocating a sliding scale rating for bed and breakfast establishments.

 

 

Signed:   Cr Jan Barham

 

Councillor’s Background Notes:

 

The approval of bed and breakfast establishments (B&Bs) has included the payment of S94 Developer Contribution fees and the application of commercial rate charges.  The tourism industry is a major economic contributor to Byron Shire and these establishments play an important part in the managed tourism accommodation facilities offered in the shire.  For some time there have been concerns raised about the payment of the associated costs with B&Bs especially since the proliferation of holiday letting which has in effect created competition and an unlevel playing field in terms of the costs associated. 

 

A recent response to a query by operators about the ability to reduce the rating charges for B&Bs from staff has raised concerns about the appropriateness of the charges on this type of development, see attached email.

 

I referred the response from staff to the operators and have now received a representations requesting that the issue of commercial rating be reviewed.

 

There are issues for consideration in terms of the application of the commercial and the fact that most of the B&B’s are in residential areas and do not fall into a zoned commercial area or a defined area of business as they are dispersed.

 

It’s important for council to consider the matter and determine if the charges are appropriate and if there is the potential to amend the rating charges applied to B&Bs to ensure compliance with the legislation and fairness to a sector of the tourism industry.

 

Attachments:

 

·       Email from Mark Arnold dated 5 September 2011 #1190563 [3 pages]................................. Annexure 40

 

Recommended priority relative to other Management Plan tasks:

The application of appropriate rates.

 

Definition of the project/task:

Clarification of the legal issues of rating.

 

Source of Funds (if applicable):

NA

 

Comments Executive Manager Corporate Management:

 

Clarification of project/task:

Review of rating structure in particular rates applied to B&Bs to ensure compliance with legislation (Local Government Act 1993) and fairness in the imposition of rates.

 

 

Executive Manager responsible for task implementation:

Executive Manager Corporate Management

 

Relationship to, priority of, and impact on other projects/tasks:

As the rating structure for 2011/2012 has been determined by Council through resolution 11-511 and as explained in Annexure 40 there is no possibility to review the rating structure for the 2011/2012 financial year.  Council could undertake a review of the rating structure but this could not apply until the 2012/2013 financial year.  If it is Council’s desire to do this it would need to devise rating options that are legislatively compliant and consult on these as part of the upcoming community consultation on the Community Strategic Plan, Delivery Plan and Operational Plan.

 

Financial and Resource Implications:

Any amendment to the rating structure would not create any financial implications to Council as the outcome of this Notice of Motion. The impact of any changes would be to redistribute amongst ratepayers the proportion of rates payable.  Council would still collect the same revenue it is allowed in compliance with rate pegging limits set but if there is a reduction in rates for a category of ratepayer then this would cause a corresponding increase amongst another category or categories of ratepayers depending upon the rating structure adopted by Council.

 

Legal and Policy Implications:

In determining an appropriate rating structure, Council must consider the requirements of Chapter 15, Part 3 of the Local Government Act 1993 being sections 514 to 531.  Given the current legislative restrictions, it is not possible to create a specific rating category for B&Bs.  As outlined in Annexure 40, categorisation for rating purposes is determined on the dominant use of the property in question.  Council is constrained with the rating categories defined in Section 514 of the Local Government Act 1993.  Whilst Section 529 of the Local Government Act 1993 provides the ability to subcategorise within the generic rating categorisations and establish appropriate rates accordingly, sub categorisation is based on the notion of a centre of activity.  An example of sub categorisation would apply in the business category for say a business centre or industrial estate where a geographic boundary can be determined.  This does not provide the ability to create a subcategory for B&Bs that are not concentrated in a specific geographic area but are scattered throughout various locations in the Shire.

 

Council has a process in place that provides individual ratepayers the ability to seek a review of their respective rating category.  On the current rating structure for B&Bs they would either be categorised as business or residential depending upon the dominant use of the land the B&B is situated.  In considering whether a B&B should be rated residential or business, Council would consider as part of an application process by the owner of the B&B criteria such as:

 

 

Upon assessment of an application a B&B would be rated residential if the dominant use of the property is residential and it would be rated business if the dominant use of the premises was for B&B activities.

 

A ratepayer then has the right to appeal Council’s decision as to the categorisation of their property to Council in the first instance and then ultimately to the Land and Environment Court if they still believe the categorisation determined by Council is incorrect.

 

To create a specific rating category for B&Bs as indicated in this Notice of Motion would require an amendment to the Local Government Act 1993.

 

 

 

Notice of Motion No. 8.6.

Review of charges for community markets and holiday park cabins

COR405527 #1190551

 

I move that Council review the charges identified in the Rates and Charges 2011/2012 in relation to:

 

a)      temporary community markets

b)      caravan park cabin charges

 

and consider reducing the temporary community fee and allowing for a seasonal fee and consider the reduction of the cabin charges.

 

Signed:   Cr Jan Barham

 

Councillor’s Background Notes:

 

The adoption of 2011/2012 Fees and Charges resulted in changes to the fees applied for temporary community markets and cabin fees.  It appears that these charges may have been applied without clarity about the outcomes.  The community market fees have been levied at a rate that is above commercial rates, see attachments and doesn’t allow for seasonal markets such as the Artisan Market in Byron Bay as there is no variation for the per day rate for extended periods as is defined for Temporary Commercial Activities.  This results in the situation where commercial activities operating for more than 21 days is $145 per day, while the fee a temporary market licence is fixed at $320 per day with no sliding scale for the per day for extended days of trading.  There has also been an increase in the daily Temporary Market Licence fee – 2010 - $275, 2011 - $320.

 

The Holiday Park cabin fee increases for peak periods were approximately 32% for First Sun and 25% for Suffolk Park, see attachments.  Unfortunately neither of these peak pricing areas identified a comparison with the previous year as had been previously done, see attachments for 2010/11 e.g. First Sun – Ocean View cabin 2011/12 - $400 per night, 2010/11 - $290.

 

Council has received correspondence about the Artisan market fees and I have personally had the cabin fees raised with me by a Member of Parliament who is a long term visitor with her family to the First Sun Holiday Park.

 

It is important the levying of fees and charges is fair, open and transparent and I propose a review of the fees and charges in light of what appears to be excessive increases.

 

Attachments:

 

·       Byron Bay Community Association letter to BSC re market charges- dated 3 October 2011
and BSC 2010 and 2011 fees described #1149813 [4 pages]............................................. Annexure 39(a)

·       BSC response to BBCA dated 31 October 2011 #1158501 [2 pages]................................. Annexure 39(b)

·       BBCC email response to BSC dated 15 December 2011 #1190567 [1 page]....................... Annexure 39(c)

·       Temporary Market Licence 2010/11 - Fees and Charges page 23 #979201 [1 page]............. Annexure 39(d)

·       Temporary Market Licence 2011/12 - Fees and Charges page 25 #1108562 [1 page]........... Annexure 39(e)

·       First Sun Holiday Park Pricing 2010/11 - Fees and Charges page 25 #979201 [1 page]........ Annexure 39(f)

·       First Sun Holiday Park Pricing 2011/12 - Fees and Charges page 27 #1108562 [1 page]...... Annexure 39(g)

·       Suffolk Park Holiday Park Pricing 2010/11 - Fees and Charges page 26 #979201 [1 page].. Annexure 39(h)

·       Suffolk Park Holiday Park Pricing 2011/12 - Fees and Charges page 26 #1108562 [1 page].. Annexure 39(i)

 

Recommended priority relative to other Management Plan tasks:

Fees and Charges.

Definition of the project/task:

Review of charges.

 

Source of Funds (if applicable):

NA

 

Comments Executive Manager Corporate Management:

 

Clarification of project/task:

Review of fees and charges associated with market licences and holiday park fees and charges.

 

Executive Manager responsible for task implementation:

Executive Manager Corporate Management

 

Relationship to, priority of, and impact on other projects/tasks:

Any amendments to fees and charges subject of this Notice of Motion could be dealt within existing priorities if Council chose to determine alternative fees by resolution.

 

Financial and Resource Implications:

Prior to Council’s adoption of a temporary market licence fee, there where no fees or charges levied for the use of Council owned land or Crown Reserves for which Council is the Reserve Trust Manager.   

 

Council first considered the establishment of fees and charges for temporary market licences as part of its consideration of the new draft Market Policy at its Ordinary Meeting held 22 April 2010, with a report titled “Policy 5.51 – Markets on Council Owned and Controlled Land”, refer http://www.byron.nsw.gov.au/meetings/2010.   Management’s recommendation for establishing fees and charges for temporary markets was linked to the new draft Policy’s inclusion of provision for a temporary market licence.  The current draft Market Policy that is currently on public exhibition states at section 3.3 that:

 

A licence to conduct a temporary Market shall only be granted for a one-off, once a year Market conducted for not more than three (3) consecutive days and in accordance with the Local Government Act or Crown Lands Act.

 

The fees and charges for temporary market licence were intended by Management to apply to one-off, once a year Market.  The fee was recommended to ensure appropriate income is received by Council to maintain the asset based on the possible or known impact of the activity on that asset.  Market activities are considered to be high-impact activities for Council owned and controlled assets.

 

Council has had only one occasion to issue a temporary market licence that is not consistent with the original intent of applying the fee in one-off, once a year Market activities.    On 22 September 2011, Council considered a Notice of Motion titled “Approval of Byron Artisans Market”, refer www.byron.nsw.gov.au/meetings/2011-09-22-strategic.  After considering the Notice of Motion, the Committee resolved [11-743], in part, under delegated authority to:

 

1.   That Council, being aware of legal advice received on 20 September 2011 (#1143876) issue the Byron Bay Community Association (BBCA) a temporary licence to operate the Artisan Market at Railway Park, Byron Bay from 1 October 2011 until 7 April 2012, as per application received.

2.   That the General Manager issue the licence as per the regulating code 4.2. Development Consent, in the existing Markets within Byron Shire Policy.

3.   That the licence is considered temporary as a term of a standard licence is three

consecutive years, as stated within regulating code 4.3. Licence, in the existing Markets within Byron Shire Policy.

Management have issued the licence in accordance with the resolution and levied the adopted fees and charges for temporary market licences.   Council have received an application for a reduction in the temporary market licence fee from the Byron Bay Community Association, which is the subject of a report titled “Request for reduction in fees – Byron Artisan Market” that is included in this Ordinary Meeting Agenda for Council’s consideration.

 

In considering a review of the adopted temporary market fess and charges, Council may wish to consider issues associated with income generation to ensure sufficient income to maintain Council owned and controlled assets, consistency of fees and charges across Crown Reserve managed by Council and Council owned community land, and Policy consistency in relation to the application of temporary licence fees to occupy Council owned and controlled land.

 

If there is any review of the fees and charges for the Council Holiday Parks with a view to reduce them, this could possibly reduce the revenue of the Holiday Parks. 

 

Information received as a result of Park bookings concerning cabin utilisation and revenue over the peak December/January period of 2011/2012 compared to the same period of 2010/2011 has revealed the following results by Park:

 

·         Suffolk Park Beachfront Holiday Park over the December 2011/January 2012 peak period identified revenue increases of $2,588 in cabin bookings compared to the December 2010/January 2011 period.  Occupancy though fell from 90% over the December 2010/January 2011 period to 79% for the December 2011/January 2012 period.

·         First Sun Holiday Park over the December 2011/January 2012 peak period identified revenue increases of $50,739 in cabin bookings compared to the December 2010/January 2011 period.  Occupancy has remained consistent at 88% for all cabins at First Sun Holiday Park.

 

The fee for the Ocean View cabin at First Sun Holiday Park is currently $400 per night in the December/January peak period as identified in the Notice of Motion.  In regard to this cabin in isolation occupancy over the peak period of December/January was 96% in 2011/2012 compared to 87% in 2010/2011 when the fee was $290 per night. 

 

In the current and previous financial year there has been a significant investment in refurbishment of the cabins at First Sun Holiday Park that could suggest a justification for the increase in fees for cabins.

 

In relation to Council’s Holiday Parks, these are declared business units of Council.  At this Ordinary Council Meeting, Council is also provided with a report on the performance of its Holiday Parks for the 2010/2011 financial year compared to that of 2009/2010.  The report indicates whilst the Parks are profitable they are certainly not holding significant funds in reserve and provided a funding contribution of $814,900 to the General Fund in 2010/2011.  If it is considered to reduce cabin fees, this may have the potential to erode the existing profitability of the Parks and jeopardise the amount of contribution provided to the General Fund.

 

Legal and Policy Implications:

If Council are to amend any of the fees and charges identified by this Notice of Motion, it would be required to determine these by resolution and then advertise for public submissions for a period of 28 days in accordance with Section 610(F) of the Local Government Act 1993. 

 

 

GENERAL MANAGER’S REPORTS

 

Report No. 12.1.

Management Plan Review 2011-2014 for the period October to December 2011

General Manager

File No:                        FIN451010 #1177570

 

Principal Activity:

 

General Manager

Summary:

 

This report summarises the performance of the organisation against the adopted indicators in the Management Plan 2011-2014 for the quarter October to December 2011.  The majority of key performance indicators are on target.

 

 

RECOMMENDATION:

 

That Council receive and note the quarterly report and associated Annexures on the 2011-2014 Management Plan Review for the period 1 October to 31 December 2011.

 

 

Attachments:

 

·       December 11 Review of Principal Activities 1 to 22 #1177645 [76 pages].............................. Annexure 3(a)

·       December 11 Overview of Capital Expenditure – General Fund #1184923 [6 pages]............... Annexure 3(b)

·       December 11 Overview of Capital Expenditure – Water Fund #1184923 [2 pages].................. Annexure 3(c)

·       December 11 Overview of Capital Expenditure – Sewer Fund #1184923 [2 pages]................. Annexure 3(d)

·       Status Report – Grants Register #1189272, #1189273, #1189274 [4 pages]............................ Annexure 3(e)

·       Status Report Project Reference Groups #1183526 [8 pages]................................................ Annexure 3(f)


Report

 

The purpose of this report is to advise Council of the performance of the organisation against the specific measures and indicators for identified priorities in the Management Plan for the Quarter October to December 2011.

 

This is the Quarterly Report on the 2011-2014 Management Plan for the period to 31 December 2011.

 

The quarterly review report is provided for the public record.

 

Substantial work has been undertaken in relation to the activities and targets in the 2011-2014 Management Plan, with good progress recorded.

 

Details of progress are provided in Annexures 3(a) to 3(f).

 

It should be noted that the Environmental Laboratory Services Principal Activity is no longer required following Council’s Ordinary Meeting on 11 August 2011 and subsequent resolution
11-639.  The laboratory ceased operations on 28 September 2011.

 

Finance Implications

 

The Council’s financial performance for the Quarter is addressed separately in the Quarterly Budget Review. 

 

Statutory and Policy Compliance Implications

 

It is a statutory requirement that progress against the indicators in the Management Plan be considered by Council each Quarter.

 

 

 

Report No. 12.2.

Loss of Crown Caravan Parks administered by Byron Shire Holiday Parks Reserve Trust in 2006

General Manager

File No:                        BEN202000 #1181007

 

Principal Activity:

 

Executive Management

Summary:

 

During Council’s Ordinary Meeting of 15 December 2011, a number of observations and comments were made in relation to the loss in 2006 of a number of Council Controlled caravan parks to the then Department of Lands (DOL). A report produced by the DOL’s agent IAB Services is attached to this report in an attempt to give Councillors insight as to the reasoning behind the decision of the DOL to resume direct control of the caravan parks in question.

 

 

RECOMMENDATION:

 

That Council note the report.

 

 

Attachments:

 

·       Report commissioned by the then Department of Lands titled “A Management Review
of Crown Caravan Parks Administered by Byron Shire Holiday Parks Reserve Trust”
#1190761 [37 pages]..................................................................................................... Annexure 38(a)

·       Report Byron Shire Reserve Trust Committee Meeting #611819 [4 pages]........................ Annexure 38(b)

 

Report

 

During Council’s Ordinary Meeting of 15 December 2011, comment was made as to the reasons for Council’s loss to the Department of Lands of Terrace, Ferry Reserve and Massey Greene caravan parks in Brunswick Heads and Clarkes Beach at Byron Bay.

 

A report produced by IAB Services for the Department of Lands dated May 2005 concerning the management of Crown caravan parks by the Byron Shire is attached for Councillor’s information (the DOL/IAB report).

 

Reproduced below is an excerpt from the Executive Summary of the IAB Services report.

 

Summary of Key Findings

 

The key findings from our review are set out below.

 

We found that there is an urgent need to address the finalisation of management plans for the parks, as these delays are adversely impacting upon the validity of existing licences, expenditure on park assets, dealing with encroachment of buildings outside the site boundaries and insurance coverage of the parks. In addition, we are concerned that delays in addressing the noncompliant structures within three (3) of the parks may prevent relicensing of the parks in February 2006.

 

In summary, our findings for each area were as follows:

 

The three (3) items below identified during our review are deemed to be of ‘EXTREME RISK for DOL and should be given immediate management attention:

 

-          When the initial five (5) Crown Parks (including Broken Head) were licensed for a five (5) year term by Council’s Compliance Officer in February 2001, there were several conditions applied anticipating that the newly prepared draft POMs would be adopted within a short timeframe. For various reasons, Council acting as the Reserve Trust has not adopted these Plans and the Crown Parks are operating now in breach of the conditions of the licences. Moreover, it is highly unlikely that the Trust has the capacity to finalise the POMs and supervise the extensive upgrading and remedial work to enable the licences to be reissued in February 2006.

 

-          For the above reasons, we have recommended in our Detailed Report that the DOL take immediate action to initiate a management strategy to respond to the urgent breaches of the licence conditions and prepare the Crown Parks for extensive redevelopment in line with the previously adopted POM prepared in February 2000. We are concerned at the non-compliance of long-term dwellings at the three (3) Brunswick parks and the legality of operating the parks where issues identified by Council’s Compliance Officer in 2001 and made conditional upon the approval to operate have not yet been addressed. With the park licences due for renewal in February 2006, there is insufficient time available to make the Crown Parks compliant prior to this date without major management decisions that may involve closure of some of the parks. Such action will have a significant impact on a wide range of tourists and reflect adversely on the reputation of the Trust and the DOL will also have the potential for extensive media attention.

 

-          Two (2) of the parks are operating outside of their defined boundaries and Director, ATPM, Mr Tilton, who was the contracted manager at the time of the review, has advised us of recent enquiries by a previous on site manager at Suffolk Park to an insurer. The insurer confirmed that park managers would not be covered for public liability insurance purposes when working outside of the licensed area of the park. Mr Tilton advised further, that this Manager had sought an indemnity from Council but that this was not resolved prior to the Manager’s later departure. Council’s Director has provided a statement from Council’s insurer outlining its public liability coverage but we were unable to confirm the terms, conditions and exclusions of the contract and whether DOL and/or site management would be exempt from any claims made outside the current licensed boundaries. The major boundary issues are Massey Green where thirty five (35) sites and part of the amenities block has been identified as being outside the licensed area of the park. At Terrace, pending approval and implementation of the POM, there are sixteen (16) sites that are currently outside the current licensed park boundaries. Within the parks, many of the vans and annexes have extended outside the individual sites and many breach the conditions imposed by Council when issuing a licence in February 2011.

 

The other items that follow have a HIGH RISK rating, where urgent management attention is required.

 

-          There is evidence of a deterioration of assets and infrastructure with only limited capital expenditure over the past five (5) years, while the Trust was considering the POMs, which offered a new design outline for each of the parks. Maintenance expenditure has also been limited with higher priority being given to health and safety issues.

 

-          We found the facilities within the park to be of an average standard and identified OH&S issues including damage to the sewer line in Terrace, periodic sewer surcharge into the Manager’s residence at Ferry, non-replacement of slippery tiles in the amenities blocks and encroachment of verandas and gardens across site boundaries. In one case, an encroachment of a garden onto an access road within Terrace resulted in a serious accident earlier this year to a young visitor who was injured when he fell from his bicycle on to a garden stake and impaled his knee.

 

-          There is currently no formal separation of policy determination by the Trust and the operational role of Council administration, which has led to claims of community influence interfering with the good management of the Crown Parks. Strategic decision making by the current Trust in resolving the key POMs has been delayed and at Ferry altered to reflect the minority concerns of some local residents upon personal representations at Trust Meetings.

 

Conclusion

 

Based on our management review, the three (3) Brunswick Heads Crown Parks are continuing to operate in breach of the licence conditions issued by Council in February 2001. Deferral of POMs by the Trust has failed to take into consideration the impact of non-compliance to the licence conditions and the corresponding OH&S, legal and risk exposures to itself and the DOL. The DOL needs to instruct the Trust to immediately address the outstanding non-compliance issues and boundary realignments to ensure the park operations meet all legal and statutory requirements or alternatively implement separate management options.

 

The copy DOL/IAB Report was received by Council on 22 December 2006, after Council lodged applications under the then Freedom of Information Act (FOI). A copy of the report was circulated to then Councillors under memo dated 19 January 2007 (#650102).

 

The DOL/IAB Report bears the notation ‘confidential’ on the front page, however, it was released to Council under FOI and is therefore not confidential. Mr Graham Harding of the now Crown Lands Division of the Department of Primary Industries, confirmed verbally last week that the Division had no objections to the publication of the DOL/IAB Report as an attachment to this report.

 

Financial Implications

 

This report relates to matters considered by Council in 2006 and is submitted for information only. There are no financial implications arising from Council’s consideration of this report at this time.

 

Statutory and Policy Compliance Implications

 

This report is for information only and does not have any statutory or policy compliance implications.

 

 

 

Report No. 12.3.

Constitutional Recognition of Local Government

General Manager

File No:                        COR050505 #1187066

 

Principal Activity:

 

Executive Management

Summary:

 

The Local Government Shires Association of NSW (LGSA) has written to Council seeking support in a national advertising campaign aimed at achieving Constitutional Recognition of Local Government.

 

They have requested Byron Shire Council contribute a special levy of $17,247.09, payable in three instalments over three financial years. In addition, there will also be supplementary work for all councils to do for the campaign at a local level.

 

 

RECOMMENDATION:

 

1.       That Council support the Local Government Association of NSW to achieve Constitutional Recognition of Local Government.

 

2.       That Council allocate funding of $17,247.09 in three equal instalments over three financial years (commencing 2012/13).

 

3.       That Council note, in supporting the campaign, additional work will be required by Byron Shire Council staff to address issues at the local level.

 

 

Attachments:

 

·       Letter from Local Government Association of NSW #1185851 [2 pages].............................. Annexure 28

 

Report

 

The LGSA has written to Council seeking support for a national advertising campaign aimed at achieving Constitutional Recognition of Local Government.

 

At the next Federal election, a referendum will be held to include recognition of Local Government in the Australian Constitution. The Australian Local Government Association (ALGA) is leading the campaign on behalf of Local Government across the country and to date more than 85% of councils have moved to support the Constitution Recognition of Local Government.

 

It is expected the national campaign will cost in excess of $10 million, with $2.7 million coming from NSW Councils. The LGSA have requested Byron Shire Council to contribute a special levy of $17,247.09, payable in three instalments over three financial years. These funds will be used in the national campaign being coordinated by the ALGA. In addition to the financial contribution, there will also be supplementary work for all councils to do for the campaign at a local level.

 

The LGSA has also committed $200,000 in the current financial year to raising the profile of local government in NSW and a further $1,000,000 will be committed over the next two financial years for promotional activities and advertising.

 

Should the referendum or the national advertising campaign not go ahead for any reason, instalments paid to the LGSA will be refunded.

 

Financial Implications

 

$17,247.09, payable in three instalments over three financial years (commencing 2012/13).

 

Statutory and Policy Compliance Implications

 

Nil.

 

 

COMMUNITY INFRASTRUCTURE – EXECUTIVE MANAGER’S REPORTS

 

Report No. 12.4.

Report of Belongil Creek Floodplain Risk Management Committee meeting held on 13 December 2011

Executive Manager:   Community Infrastructure

File No:                        ENG091019 #1181460

 

Principal Activity:

 

Infrastructure Planning and Project Definition

Summary:

 

The Belongil Creek Floodplain Risk Management Committee (BCFRMC) met on 13 December 2011.

 

This report presents the minutes and recommendations arising from that meeting.

 

 

RECOMMENDATION:

 

1.       That Council note the minutes of the Belongil Creek Floodplain Risk Management Committee (BCFRMC) Meeting held on 13 December 2011 (Annexure 10(a), #1182550).

        

2.       That in relation to Report 4.1 – Presentation of Discussion Papers 5 to 7 (#1165811), Council adopt:

 

Committee Recommendation BCFRMC 4.1

 

a)    That the following recommendations be added to the Draft Belongil Creek Flood Risk Management Study and Plan:

 

i)     Installation of additional rainfall gauges in the Belongil catchment.

ii)    Installation of an ALERT water level gauge at the Ewingsdale Road Bridge.

iii)   Implementation of a multi-faceted community flood awareness campaign targeting accommodation providers and new residents, as well as existing residents.

iv)   Development of a flood information data set linking water levels to real world outcomes. In order to develop a flood action plan or flood intelligence card which can help Council or the SES understand how a predicted flood water level will affect the community.

v)    Implementation of an automated telephone and/or SMS flood warning system.

vi)   A review of existing SES emergency procedures using design flood information.

vii)  A review of flood and evacuation warning procedures. A wide range of warning methods should be considered and planned for well in advance of future flood events.

viii)            Identification of an alternative evacuation route. An alternative to Jonson Street is recommended which has greater flood immunity. It is recommended that the SES investigate this alterative and, if deemed suitable, it be adopted in the Byron Shire Local Flood Plan.

ix)  Prioritise evacuation of Belongil Spit. Early and prioritised evacuation of the Belongil Spit area would ensure that the most vulnerable residents have the potential to evacuate prior to the onset of flooding. It is recommended that the SES identify triggers which would prompt the evacuation of Belongil Spit before other areas in the catchment. It is also recommended that the residents in the Belongil Spit area are educated about their increased flood risk and the likelihood of early evacuation.

x)   Discussion Paper 5 be amended to list the correct responsibilities of the SES, namely that the Bureau of Meteorology is the legislated organisation that issues flood warnings, and amend the emergency response recommendations in discussion paper 5 to incorporate a layered warning system which includes sirens.

 

b)    That a Flood Planning Matrix be recommended for inclusion in Council’s Development Control Plan for Flood as part of the recommendations within the Draft Belongil Creek Flood Risk Management Study and Plan.

 

          The proposed planning matrix would:

i)    More stringently restrict incompatible floodplain development within high hazard areas of the floodplain.

ii)   Restrict development of critical Infrastructure and emergency services to flood liable lands.

iii)  Prescriptively list development control measures based on land-use type and flood hazard category.

iv)  The controls within the Planning Matrix would be based on current flood risk and future flood risk increases due to climate change projections have been taken into account where appropriate.

 

c)    i)     That the one (1) property that has been identified as eligible for voluntary house purchase and the four (4) properties that have been identified as eligible for voluntary house raising be listed in the Draft Belongil Creek Flood Risk Management Study and Plan.

       ii)    That additional properties, which were included in the voluntary house raising assessment, be considered for flood proofing.

 

d)    The flood planning level in the draft Byron LEP be based on 2100 event and that the draft DCP for flooding include controls for FPL1, FPL2 and FPL3, based on updated Discussion Paper 7 (#1173861, #1173875).

 

3.       That in relation to Report 4.2 – Amended Constitution (#1169811), Council adopt:

 

Committee Recommendation BCFRMC 4.2

 

That Council endorse the Belongil Creek Floodplain Risk Management Committee Constitution (Annexure 10(k), #1169595) to be amended to accord with resolutions 10-1066 and 11-360, Council’s advisory committee constitution template and the NSW Floodplain Development Manual.

 

4.       That in relation to Agenda Item 5.2 – Flood Modification Measures (#1159552), Council adopt:

 

Committee Recommendation BCFRMC 5.2

 

The committee recommends that the consultant prepare a report which identifies tangible cost/benefits relating to four flood modification measures, which include:

 

a) Training the Belongil Creek mouth versus existing opening strategy.

b) The Byron Bay Drainage Strategy 2010 including identification of structures that may need modification.

c) A full maintenance program for the existing drainage system.

d) Cost/benefit analysis of works on the Clarkes Beach drain.

 

Attachments:

 

·       Unconfirmed Report BCFRMC meeting 13 December 2011 #1182550 [3 pages]................ Annexure 10(a)

·       Agenda BCFRMC meeting 13 December 2011 #1189996 [11 pages]................................ Annexure 10(b)

·       BCFRMC meeting 13 December 2011 Annexures Part 1 #1190000 [33 pages]................... Annexure 10(c)

·       BCFRMC meeting 13 December 2011 Annexures Part 2 #1190002 [61 pages]................... Annexure 10(d)

·       BCFRMC meeting 13 December 2011 Annexures Part 3 #1190006 [21 pages]................... Annexure 10(e)

·       BCFRMC meeting 13 December 2011 Annexures Part 4 #1190008 [26 pages].................... Annexure 10(f)

·       Updated Discussion Paper 5 Response Modification #1173868 [33 pages]...................... Annexure 10(g)

·       Updated Discussion paper 6 Property Modification #1173872 [61 pages]........................ Annexure 10(h)

·       Updated Discussion paper 7 Climate Change (part A) #1190011 [21 pages]...................... Annexure 10(i)

·       Updated Discussion paper 7 Climate Change (part B) #1190020 [29 pages]...................... Annexure 10(j)

·       BCFRMC Constitution #1169595 [6 pages]...................................................................... Annexure 10(k)

 

 

Annexures 10(b)-(j) have been provided on the Councillors' Agenda CD only; electronic copies can be viewed on Council’s website.

 

Report

 

This report provides the recommendations of the Belongil Creek Floodplain Risk Management Committee (BCFRMC) meeting of 13 December 2011, for determination by Council.

 

Committee Recommendation BCFRMC 4.1

 

1.       That the following recommendations be added to the Draft Belongil Creek Flood Risk Management Study and Plan:

 

a)    Installation of additional rainfall gauges in the Belongil catchment.

b)    Installation of an ALERT water level gauge at the Ewingsdale Road Bridge.

c)    Implementation of a multi-faceted community flood awareness campaign targeting accommodation providers and new residents, as well as existing residents.

d)    Development of a flood information data set linking water levels to real world outcomes. In order to develop a flood action plan or flood intelligence card which can help Council or the SES understand how a predicted flood water level will affect the community.

e)    Implementation of an automated telephone and/or SMS flood warning system.

f)     A review of existing SES emergency procedures using design flood information.

g)    A review of flood and evacuation warning procedures. A wide range of warning methods should be considered and planned for well in advance of future flood events.

h)    Identification of an alternative evacuation route. An alternative to Jonson Street is recommended which has greater flood immunity. It is recommended that the SES investigate this alterative and, if deemed suitable, it be adopted in the Byron Shire Local Flood Plan.

i)     Prioritise evacuation of Belongil Spit. Early and prioritised evacuation of the Belongil Spit area would ensure that the most vulnerable residents have the potential to evacuate prior to the onset of flooding. It is recommended that the SES identify triggers which would prompt the evacuation of Belongil Spit before other areas in the catchment. It is also recommended that the residents in the Belongil Spit area are educated about their increased flood risk and the likelihood of early evacuation.

j)     Discussion Paper 5 be amended to list the correct responsibilities of the SES, namely that the Bureau of Meteorology is the legislated organisation that issues flood warnings, and amend the emergency response recommendations in discussion paper 5 to incorporate a layered warning system which includes sirens.

 

2.       That a Flood Planning Matrix be recommended for inclusion in Council’s Development Control Plan for Flood as part of the recommendations within the Draft Belongil Creek Flood Risk Management Study and Plan.

 

          The proposed planning matrix would:

 

a)    More stringently restrict incompatible floodplain development within high hazard areas of the floodplain.

b)    Restrict development of critical Infrastructure and emergency services to flood liable lands.

c)    Prescriptively list development control measures based on land-use type and flood hazard category.

d)    The controls within the Planning Matrix would be based on current flood risk and future flood risk increases due to climate change projections have been taken into account where appropriate.

 

3.       a)    That the one (1) property that has been identified as eligible for voluntary house purchase and the four (4) properties that have been identified as eligible for voluntary house raising, within Annexure 1(b) of this report, be listed in the Draft Belongil Creek Flood Risk Management Study and Plan.

b)    That additional properties, which were included in the voluntary house raising assessment, be considered for flood proofing.

 

4.       The flood planning level in the draft Byron LEP be based on 2100 event and that the draft DCP for flooding include controls for FPL1, FPL2 and FPL3, based on updated Discussion Paper 7 (#1173861, #1173875).

 

Committee Recommendation BCFRMC 4.2

 

That Council endorse the Belongil Creek Floodplain Risk Management Committee Constitution (Annexure 2(a) #1169595) to be amended to accord with resolutions 10-1066 and 11-360, Council’s advisory committee constitution template and the NSW Floodplain Development Manual.

 

Committee Recommendation BCFRMC 5.2

 

The committee recommends that the consultant prepare a report which identifies tangible cost/benefits relating to four flood modification measures, which include:

 

a)      Training the Belongil Creek mouth versus existing opening strategy.

b)      The Byron Bay Drainage Strategy 2010 including identification of structures that may need modification.

c)      A full maintenance program for the existing drainage system.

d)      Cost/benefit analysis of works on the Clarkes Beach drain.

 

Management Comments BCFRMC Recommendation 4.1

 

Management support the recommendation as written.

 

Management Comments BCFRMC Recommendation 4.2

 

Management has requested the Department of Environment, Climate Change & Water to provide formal confirmation of the NSW Floodplain Development Manual guidelines regarding Committee members’ voting rights.  Management will update the constitution in accordance with these guidelines.

 

Management Comments BCFRMC Recommendation 5.2

 

Management support the recommendation as written.

 

Financial Implications

 

All proposed actions are within the existing contract and will not increase any costs beyond that already approved.

 

Statutory and Policy Compliance Implications

 

None.

 

 

 

Report No. 12.5.

Report of North Byron Coastal Creeks Floodplain Risk Management Committee meeting held on 13 December 2011

Executive Manager:   Community Infrastructure

File No:                        ENG0910201 #1181570

 

Principal Activity:

 

Infrastructure Planning and Project Definition

Summary:

 

The North Byron Coastal Creeks Floodplain Risk Management Committee (NBCCFRMC) met on 13 December 2011.

 

This report presents the minutes and recommendations arising from that meeting.

 

 

RECOMMENDATION:

 

1.       That Council note the minutes of the North Byron Coastal Creeks Floodplain Risk Management Committee (NBCCFRMC) meeting held on 13 December 2011 (Annexure 11(a), #1182551).

 

2.       That in relation to Report 4.1 - Presentation and Acceptance of Model Calibration (#1165826), Council adopt:

 

Committee Recommendation NBCCFRMC 4.1.1

 

That Council note the results of the BMT WBM calibration assessment (Annexure 11(c) #1174610) and that the accuracy of the calibration is of a sufficient level that the model can now be used for the preparation of design flood event mapping for the final flood study. 

 

The committee accept the report on the proviso that the consultants (BMT WBM) meet with Mr Lambourne and discuss apparent discrepancies of rainfall data and that a review of assumptions regarding entrance maximum depth of scour is undertaken.

 

3.       That in relation to Report 4.1 - Presentation and Acceptance of Model Calibration (#1165826), Council adopt

 

Committee Recommendation NBCCFRMC 4.1.2

 

That BMT WBM provide the committee with a more detailed analysis of the resident survey including information about what geographic areas the survey respondents come from and their suggestions for reducing flooding, in accordance with the government guidelines on floodplain management.

 

4.       That in relation to Report 4.2 – Amended Constitution (#1169636), Council adopt:

 

Committee Recommendation NBCCFRMC 4.2.1

 

That Council endorse the North Byron Coastal Creeks Floodplain Risk Management Committee Constitution (Annexure 11(d), #1169503) to be amended to accord with resolutions 10-1066 and 11-360, Council’s advisory committee constitution template and the NSW Floodplain Development Manual.

 

Attachments:

 

·       Unconfirmed Report NBCCFRMC meeting 13 December 2011 #1182551 [2 pages]........... Annexure 11(a)

·       Agenda and annexures NBCCFRMC meeting 13 December 2011 #1182552 [65 pages]..... Annexure 11(b)

·       North Byron Coastal Creeks Flood Study FINAL Model Calibration #1174610 [64 pages]... Annexure 11(c)

·       NBCCFRMC Constitution #1169503 [6 pages]................................................................. Annexure 11(d)

 

 

Annexures 11(b) and 11(c) have been provided on the Councillors' Agenda CD only; electronic copies can be viewed on Council's website.

 

Report

 

This report provides the recommendations of the North Byron Coastal Creeks Floodplain Risk Management Committee (NBCCFRMC) meeting of 13 December 2011, for determination by Council.

 

Committee Recommendation NBCCFRMC 4.1.1

That Council note the results of the BMT WBM calibration assessment #1174610 (as provided under memo #1170748) and that the accuracy of the calibration is of a sufficient level that the model can now be used for the preparation of design flood event mapping for the final flood study. 

 

The committee accept the report on the proviso that the consultants (BMT WBM) meet with Mr Lambourne and discuss apparent discrepancies of rainfall data and that a review of assumptions regarding entrance maximum depth of scour is undertaken.

 

Committee Recommendation NBCCFRMC 4.1.2

It was requested that BMT WBM provide the committee with a more detailed analysis of the resident survey including information about what geographic areas the survey respondents come from and their suggestions for reducing flooding, in accordance with the government guidelines on floodplain management.

 

Committee Recommendation NBCCFRMC 4.2.1

That Council endorse the North Byron Coastal Creeks Floodplain Risk Management Committee Constitution (#1169503) to be amended to accord with resolutions 10-1066 and 11-360, Council’s advisory committee constitution template and the NSW Floodplain Development Manual.

 

Management Comments NBCCFRMC 4.1.1

Management support the recommendation noting that any discussions held between the Community Representative Mr Lambourne, with the Consultants, is to be reported back through the committee prior to inclusion of any findings into the model and reports.

 

Management Comments NBCCFRMC 4.1.2

Management support the recommendation as written.

 

Management Comments NBCCFRMC 4.2.1

Management has requested the Department of Environment, Climate Change & Water to provide formal confirmation of the NSW Floodplain Development Manual guidelines regarding Committee members’ voting rights.  Management will update the constitution in accordance with these guidelines.

 

Financial Implications

 

All proposed actions are within the existing contract and will not increase any costs beyond that already approved.

 

Statutory and Policy Compliance Implications

 

None.

 

 

 

Report No. 12.6.

Public submissions on Draft Policy for Wet Weather Sporting Ground Closures

Executive Manager:   Community Infrastructure

File No:                        COR050505 #1169508

 

Principal Activity:

 

Open Space and Recreation

Summary:

 

At the Ordinary Meeting of 28 April 2011 Council resolved to place the draft Wet Weather Sporting Ground Closures Policy on public exhibition for a minimum period of 28 days.

 

Minor changes to the draft policy were undertaken in accordance with Council resolution 11-363.

 

Council received one submission during the exhibition period, which was generally in support of the draft policy but requested one change. The requested change is not supported by management.

 

 

RECOMMENDATION:

 

1.       That Council note the one public submission received on the draft Wet Weather Sporting Ground Closure Policy but not support the requested change.

 

2.       That Council adopt the Wet Weather Sporting Ground Closures Policy as publicly exhibited and attached as Annexure 2(b) (#1190285).

 

3.       That a reply be provided to the one public submission received.

 

 

Attachments:

 

·       CONFIDENTIAL Submission #1134501 [4 pages]............................................................ Annexure 2(a)

·       Draft Wet Weather Sporting Grounds Closure Policy – Version 2 #1190285 [8 pages]......... Annexure 2(b)

 

Report

 

Council at its meeting of 28 April 2011 resolved:

 

11-363 Resolved:

 

1.    That the Draft Wet Weather Sporting Ground Policy (#1080432) be advertised for public comment for a minimum period of 28 days with amendments:

(a)   numbering

(b)   inclusion of Section 3 Notification (first paragraph in annexure 1) and items in annexure 1 be numbered and to include ABC radio and Bay FM text/email messaging service.

 

2.    That the outcome of the public consultation process be reported back to Council for consideration.

 

3     Insert as new point 2.5 Council reserves the right to open and close sportsfields as it sees fit.

 

4.    Remove in 2.4 the word inclement and replace with wet.

 

5.    Remove the words in 1.1 during periods of prolonged wet weather and insert due to wet weather.

 

6.    Page 8 paragraph 2 delete irreparable and insert substantial.

 

The draft policy was revised in accordance with the Council resolution 11-363 and placed on public exhibition (#1190285).

 

One submission was received during the exhibition period and is attached to this report as a confidential attachment at Annexure 2(a).  The issue raised is detailed in Table 1.

 

Table 1. Submission response table

 

Submission Ref.

Issue Raised

Comment

#1134501

Annexure  2(a)

“The need for club officials over a weekend period to have the discretion to open and close fields for either safety and damage, or conversely, to continue games and scheduled competition if weather has abated and fields have dried out in the course of the 24 - 36hrs following Council’s decisions to close the fields on Friday.”

The purpose of the policy is to provide a framework for the management of sporting grounds during wet weather.

 

It is not recommended to change the draft policy as publicly exhibited. The best option is for Council staff to control the closure and opening of sporting grounds.

 

The best option for Council is for staff to control when sportsfields are closed and opened. The closures will be done after a site inspection and assessment including due consideration of the condition of the grounds and the forecasted weather conditions. The risks associated with any decision will be with staff and fully in Council’s control. This will minimise the risk of injury to participants and spectators and minimise public liability insurance claims and damage to sportsfields.

 

Financial Implications

 

Administration for the implementation of the policy would be undertaken by Works Administration Staff and Open Space and Recreation staff.  These activities are already undertaken within the existing budget.

 

Statutory and Policy Compliance Implications

 

Local Government Act 2003

Crown Lands Act 1989

NSW Occupational Health and Safety Act 2000

 

 

 

Report No. 12.7.

Naming of Fields at Bangalow and Byron Regional Sport and Cultural Complex

Executive Manager:   Community Infrastructure

File No:                        COR050505 #1182400

 

Principal Activity:

 

Open Space and Recreation

Summary:

 

At the Ordinary Meeting of 8 September 2011 Council resolved to place the Community requests received for the naming of Sportsfields at Bangalow and the Byron Regional Sports and Cultural Complex (BRSCC) on public exhibition for a minimum period of 28 days.

 

All relevant families provided concurrence and gratitude with the requests from the Community.

 

The Bangalow Sports Association requested an amendment to their proposal that the western field be named ‘Jeff Schneider Field’, rather than Jeff Schneider Oval as originally proposed.

 

Council received one submission only during the exhibition period, which suggested an alternative name for a non-identified sports field within the Shire.

 

 

RECOMMENDATION:

 

1.       That Council note the one public submission received for the community requests for the naming of sportsfields at Bangalow and the BRSCC.

 

2.       That Council adopt the:

a)      naming of the north-western portion of the Byron Regional Sport and Cultural Complex (BRSCC) as the ‘Cornell Family Fields’;

b)      naming of the north eastern portion of the BRSCC as ‘Herb Elliott Field’;

c)      naming of the western portion of the Bangalow Sporting fields as the ‘Jeff Schneider Field’.

 

 

Attachments:

 

·       CONFIDENTIAL Submission #1162432 [3 pages]........................................................... Annexure 15(a)

·       CONFIDENTIAL Email from Bangalow Sports Association #1183895 [1 page]….............. Annexure 15(b)

 

Report

 

Council at its meeting of 8 September 2011 resolved:

 

11-708 Resolved:

 

1.       That subject to concurrence from relevant families or individuals, Council endorses

 

a)      the application for naming the north-western portion of the Byron Regional Sport and Cultural Complex (BRSCC) the “Cornell Family Fields”

b)      the application for naming the north-eastern portion of the BRSCC the “Herb Elliott Field”

c)      the application for naming the western portion of the Bangalow Sportsfields the “Jeff Schneider Oval”

 

2.       That following Council’s consideration, endorsed applications be placed on public exhibition for a period of 28 days for public comment, with any objects being reported back to Council.

 

3.       Following this exhibition period, applications to be forwarded to the Geographical Names Board of NSW for registration.

 

4.       Following this exhibition period, applications to be forwarded to the Geographical Names Board of NSW for registration.

 

One submission was received during the exhibition period and is attached to this report as Annexure 15(a).  The issue raised is detailed in Table 1.

 

Table 1. Submission response

 

Submission Ref.

Issue Raised

Comment

#1162432

 

The proposal to name a sporting venue within the Byron Shire as ‘The Pioneers’ Memorial Sportsfield’ in order to recognise all past and present residents of the Byron Shire who have been instrumental in the history and development of the Shire.

While the achievements of our pioneers are respected, the suggested name may be more fitting for a length of road, or a bridge associated with early settlement.

 

 

Financial Implications

 

The cost of timber routed signs (inclusive of GST) 190mm high with 125mm lettering is as follows:

 

Cornell Family Fields

$540

Herb Elliott Field

$471

Jeff Schneider Field

$493

 

Funds for these signs are available in Sportsfield Upgrade account.

 

Statutory and Policy Compliance Implications

 

The proposals comply with Council’s Policy No 11/004 Naming of Public Places and Community Facilities.

 

The guidelines provided by the Geographical Names Board (GNB) recommend that local councils do not prepare proposals to name features after living persons, but that the naming of a particular community facility such as a building or oval is acceptable.

 

 

 

Report No. 12.8.

Status report on Fleet Management Action Plan

Executive Manager:   Community Infrastructure

File No:                        ENG550000 #1185516

 

Principal Activity:

 

Plant and Resources

Summary:

 

To provide Council with a status report on implementing the adopted Action Plan from the external review of our Fleet Management.

 

 

RECOMMENDATION:

 

1.    That Council endorses the Fleet Management Action Plan - Revision 1 (#1186844 Annexure 27).

 

2.    That the Fleet Management Action Plan is implemented as funding and existing staff resources permit.

 

3.    That Council receive another progress report on the implementation of the Fleet Management Action Plan in August 2012.

 

 

Attachments:

 

·       Fleet Management Action Plan – Revision 1 #1184431 [17 pages]........................................ Annexure 27

 

Report

 

Council, at its meeting on 24 June 2010, considered a report on the Light Fleet Review, including the project brief for the external Fleet Management Review and resolved:

 

Resolution 10-499

 

4.    That Council note the intended further review of both light and heavy fleet, with the costs of same to be funded from the Plant Reserve.

 

Uniqco International Vehicle Management P/L was awarded the Fleet Management Review after an open, competitive procurement process across Australia.  They commenced the review on 19 October 2010 and completed it with the presentation of their report to the Internal Audit Committee at their meeting on 15 December 2010.

 

The recommendations from the Internal Audit Committee meeting were considered by Council at the meeting on 10 February 2011 with the following resolution:

 

Resolution 11-28

 

(a)   Council notes the report on the Fleet Management Review and endorses the Fleet Management Action Plan.

(b)   The Fleet Management Action Plan is implemented as funding and resources permit.

(c)   Council receive progress reports on the implementation of the Fleet Management Action Plan.

 

There were fifty seven (57) recommendations in the final Uniqco report presented to the Internal Audit Committee.  These have been formulated into the Fleet Management Action Plan, which has been updated as at 12 January 2012 as Revision 1.  A copy is provided as Annexure 27.

 

The progress to date in implementing the fifty seven (57) recommendations is:

 

Completed Actions

 

Current practice met Uniqco recommendation

11

Actions completed since review

14

 

 

Actions to be Completed by

 

June 2012

22

December 2012

4

After 2012

6

Total Actions

57

 

Of the twenty two (22) actions to be completed by June 2012, eleven (11) are associated with the AusFleet Fleet Management software. This software was upgraded to the new version in the later part of 2011.  To more quickly implement the items in the adopted Action Plan and make the necessary changes to our fleet management, there needs to be better use of the Ausfleet software.  This will be achieved through a facilitated site based training programme of staff in the first half of 2012.

 

The other actions will be implemented as funding and existing staff resources permit.  It is anticipated that eleven (11) will be achieved by June 2012 and another four (4) by December 2012.

 

The timing of the final six (6) actions has not been determined yet.  Three (3) actions are long term and more realistic target dates will be set after the AusFleet training programme has been completed and the other fifteen (15) actions completed during 2012.  Three (3) actions will now be done in conjunction with actioning the Council resolutions from the cost / benefit review of Community Infrastructure and Water and Recycling Divisions.  The target dates for these resolutions have not been finalised at the time of writing this report.  It is anticipated that the majority of the resolutions will be done some time in the first six to eight months of 2012.

 

Financial Implications

 

There are no negative financial implications proposed in this report.

 

Statutory and Policy Compliance Implications

 

There are no negative statutory and policy compliance implications proposed in this report.

 

 

 

CORPORATE MANAGEMENT – EXECUTIVE MANAGER’S REPORTS

 

Report No. 12.9.

Local Government Elections September 2012 Key Dates – Constitutional Referendum or Council Poll

Executive Manager:   Corporate Management

File No:                        ADM450000 #1182845

 

Principal Activity:

 

Corporate Management – Governance and Administration Services

Summary:

 

Council is required to advise the NSW Electoral Commission by 30 April 2012 if it wishes to conduct a Constitutional Referendum or Council Poll at the Local Government Elections to be held on Saturday 8 September 2012.

 

For your information key dates have also been published for the upcoming election.

 

 

RECOMMENDATION:

 

1.       That the information provided by the NSW Electoral Commission on the LG Election to be held on 8 September 2012 be noted.

2.       That Council advise the NSW Electoral Commission that it will not be holding a Constitution Referendum or Council Poll at the next election.

 

 

Attachments:

 

·       Letter from Electoral Commission NSW enclosing Service Level Document
#1179205 [18 pages]..................................................................................................... Annexure 14(a)

·       Division of Local Government Circular No. 11-30 Constitutional Referendums
#1149755 [4 pages]....................................................................................................... Annexure 14(b)


Report

 

Council at its meeting held on 13 October 2011 resolved via Resolution 11-764 to “engage the NSW Electoral Commission to administer any elections, referendums and polls until the conclusion of the September 2012 ordinary elections”.

 

The Electoral Commission in correspondence dated 16 December 2011 advised Council of the Commission’s Service Level Document and of the proposed regions where councils will share a returning officer. The Electoral Commission in this correspondence also requested details of whether Council proposes to hold a Constitutional Referendum or Council Poll at the 2012 Local Government Election.

 

For your information a copy of the Electoral Commission NSW’s (EC) letter and Service Level Document is shown at Annexure 14(a).

 

The EC requested Council’s acceptance of Byron Shire Council sharing a returning officer with Ballina Shire Council by 13 January 2012.  For your information management responded to this matter advising as follows:

 

“With regard to your advice regarding “Regions where councils will share a returning officer”, Council has no objection to sharing a Returning Officer (RO) with Ballina Shire Council. 

 

Council does request however that the Commission give consideration of the preferred location of the Regional RO to be located in Byron Shire.  At the 2008 Local Government Election the RO was situated in Ballina and Council received several objections from scrutineers having to travel to Ballina to scrutinise the election process.”

 

The EC will discuss this matter with the General Manager prior to making a final decision and Council will be advised accordingly of the decision once made.

 

The EC also requests to be notified by 30 April 2012 if Council proposes to conduct a Constitutional Referendum or Poll at the next election. It has been noted by management that there has been no requests or resolutions made by Council requiring a Referendum or Poll to be held at the next Local Government Election.  It should be noted that if Council does resolve to hold a Constitutional Referendum or a Council Poll the actual wording of the questions will not be required until 30 June 2012. 

 

For Council’s information the following are Key Election Dates (as currently anticipated).

 

Key Election Dates (as currently anticipated) 

April 2012

Candidate nomination forms/manuals available

mid May 2012

Expressions of Interest opens for election officials/office assistants

May/June 2012

Candidate Seminars

30 July 2012

Close of Authorised Roll (6.00pm)
Open Nominations

8 August 2012

Close of Nominations (12.00 noon)

Registration of Electoral Material (how-to-vote) opens

27 August 2012

Pre-poll voting starts

31 August 2012

Registration of how-to-vote closes (5.00pm)

3 September 2012

Postal Vote Applications close (5.00pm)

7 September 2012

Pre-poll voting closes (6.00pm)

8 September 2012

Election Day

10 September 2012

Return of Postal Votes closes (6.00pm)

 

Financial Implications

 

Council has requested from the NSWEC confirmation of the estimated costs to conduct the election so this can be included in the 2012/13 draft budget.

 

If a Constitutional Referendum or Poll were to be held at the next LG Election, additional costs would be required to be budgeted for at the time of adopting the 2012/13 Budget.

 

Statutory and Policy Compliance Implications

 

The Department of Premier and Cabinet, Division of Local Government issued Circular 11-30 on 6 October 2011 on amendments to the Act with regard to Constitutional Referendums. See Attachment 14(b).

 

Extracts from the Local Government Act 1993 regarding Council’s Polls and Constitutional Referendums are as follows;

 

Part 3 Expressions of community opinion

 

Division 1 Council polls

 

14   Council polls

A council may take a poll of electors for its information and guidance on any matter.

 

Division 2 Constitutional referendums

 

15   What is a constitutional referendum?

A constitutional referendum is a poll initiated by a council in order to give effect to a matter referred to in section 16.

 

16   What matters must be dealt with at a constitutional referendum?

A council may not do any of the following unless approval to do so has been given at a constitutional referendum:

(a)  divide its area into wards or abolish all wards in its area,

(b)  change the basis on which the mayor attains office (that is, by election by the councillors or by election by the electors),

(c)  increase or decrease the number of councillors in accordance with the limits under section 224,

(d)  change the method of ordinary election of councillors for an area divided into wards.

(e)  (Repealed)

 

17   What is the effect of a constitutional referendum?

(1)  The decision made at a constitutional referendum binds the council until changed by a subsequent constitutional referendum.

(2)  However, such a decision does not apply to a by-election held after the constitutional referendum and before the next ordinary election.

 


Division 3 General provisions concerning a council poll or constitutional referendum

 

18   What provisions apply to the conduct of a council poll or constitutional referendum?

Part 1 and Part 6 (except Divisions 3, 4 and 5) of Chapter 10 (How are people elected to civic office?) apply to a council poll, and Part 1 and Part 6 (except Divisions 3 and 5) of that Chapter apply to a constitutional referendum, with such modifications as may be necessary, in the same way as they apply to an election.

 

Note. Part 1 of Chapter 10 identifies the people who are entitled to vote in council elections, and Part 6 governs the conduct of those elections.

Division 3 of Part 6 of that Chapter deals with nominations for election, Division 4 with failure to vote and Division 5 with miscellaneous matters such as irregularities of form or procedure in elections, overdue elections and those declared void.

 

19   Day for taking council poll or constitutional referendum

A council poll or constitutional referendum may be taken on any Saturday, including the Saturday of an ordinary election.

 

20   When is a question at a council poll or constitutional referendum carried?

(1) The question at a council poll or constitutional referendum is carried if it is supported by a majority of the votes cast.

(2) The reference to votes in subsection (1) does not include a reference to any vote that, pursuant to the regulations, is found to be informal.


Expressions of community opinion

Types of expression

Council Poll

Constitutional Referendum

Question to be determined

Any question

•  Creation or abolition of all wards

•  Change in the way in which the mayor is chosen

•  Change in number of councillors

•  Change in the way councillors are elected for an area divided into wards

Result of Poll

If Yes

If No

If Yes

If No

Council chooses whether or not to proceed

Change must proceed

Change cannot proceed until passed by a later constitutional referendum

 

 

 

 

Report No. 12.10.

Draft Guidelines - Section 355 Management Committees

Executive Manager:   Corporate Management

File No:                        ADM252000 #1185008

 

Principal Activity:

 

Governance and Administration Services – Section 355 Committee Development

 

Summary:

 

Council originally adopted its Section 355 Committee Guidelines in August 1999.  The Guidelines have been amended over the years where required.

 

A networking meeting was held in July 2011 wherein it was advised that the Guidelines were being redrafted to reflect up to date practices and Committee members advised of areas of clarification required in the Guidelines.

 

 

RECOMMENDATION:

 

1.       That the draft Section 355 Committee Guidelines as shown at Annexure 25 (#1098905) be placed on exhibition for a period of 28 days and allowing a further 28 days for the receipt of submissions.

 

2.       That all Section 355 Committees be provided with copies of the draft Guidelines and asked to provide any submissions on the Guidelines by the end of the exhibition period.

 

3.       That the draft Section 355 Committee Guidelines be reported back to Council with any submissions received prior to adoption.

 

 

Attachments:

 

·       Draft Section 355 Committee Guidelines #1098905 [71 pages]............................................. Annexure 25

 

 

A copy of the existing Section 355 Committee Guidelines are available at www.byron.nsw.gov.au/section-355-committees


Report

 

A networking meeting with all Section 355 Committee members was held in July 2011.  At this meeting it was advised that the Section 355 Committee Guidelines were being redrafted to reflect up to date practices.  The Committee members also recognised areas in the Guidelines that needed updating such as:

 

·          Clarification on financial and GST reporting requirements;

·          Insurance clarification;

·          Health and Safety Guidelines;

·          General definitions to be updated where required;

·          Provision of templates for agendas, minutes, hire Agreement etc.

 

The Section 355 Committee Guidelines have been redrafted to reflect up to date practices and to provide the Section 355 Committees with templates to assist them with their management of Council’s facilities.

 

It has been recommended that the draft Guidelines be placed on exhibition for a period of 28 days and allowing a further 28 days for the receipt of submissions.  If any of the Committee members request a meeting with Council staff for clarification of any section of the guidelines, relevant staff will meet with members as required.

 

It is proposed the new Guidelines are to be adopted prior to disbanding all Section 355 Committees following September 2012 Council Election and are to be in operation for the commencement of the new Committees.

 

A workshop on the adopted Section 355 Committee Guidelines will be held with all new Section 355 Committee members after appointment by Council.

 

Financial Implications

 

Section 355 Committees are made up of community volunteers who manage Council facilities.  By resolution of Council some member’s positions are paid out of office expenses to assist them in carrying out their role on these Committees.  In all cases these payments in addition to minor building maintenance expenses are able to be funded from the income generated from the hall. 

 

Statutory and Policy Compliance Implications

 

Section 355 Management Committees can be formed to manage Council facilities on behalf of Council.

 

Local Government Act Section 355 states

 

Part 1 General

355   How does a council exercise its functions?

A function of a council may, subject to this Chapter, be exercised:

(a)      by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

(b)     by a committee of the council, or

(c)     partly or jointly by the council and another person or persons, or

(d)     jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

(e)     by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).

 

 

 

Report No. 12.11.

Heritage House Bangalow Section 355 Committee – Amended fees and charges

Executive Manager:   Corporate Management

File No:                        ADM252000 #1183300

 

Principal Activity:

 

Corporate Management, Governance, Committee development

Summary:

 

Heritage House Bangalow Section 355 Committee have requested their fees and charges be amended anticipating increase in hiring’s after the completion of the deck extensions

 

Council considered this report at its Ordinary Meeting held on 15 December 2011 and it resolved to defer this report to allow staff to seek clarification from Heritage House with regard to the fees recommended.  Staff have contacted the Chairperson of Heritage House Bangalow Section 355 Committee to confirm the recommended fees as detailed in the report and below are correct.

 

 

RECOMMENDATION:

 

1.       That the fees and charges for the remainder of 2011/12 for Heritage House Bangalow be as follows:

 

Bangalow Heritage House

1187.1

Commercial

Community

Meeting Room or Verandah Only

(includes casual use of the kitchen for morning/afternoon tea (urn, fridge, crockery, cutlery etc)

 

 

 

 

Per hour

 

8.00

7.00

Half Day (4 hours) (Community only)

 

N/A

20.00

Per Day (8 hours) (Community only)

 

N/A

35.00

Grounds only per day (7am to 5pm)

 

200.00

100.00

Meeting Room, Verandah and Grounds

Per Hour

 

 

150.00

 

150.00

Use of Kitchen (per booking - flat rate)

 

250.00

250.00

Bond 

 

500.00

500.00

Key deposit

 

50.00

50.00

Please note: The hiring of Heritage House Bangalow is subject to the Hirer reaching a suitable agreement with Bangalow Historical Society Inc. who are the permanent, principal tenant.

 

2.       That in accordance with the Local Government Act 1993 Section 610(f) the proposed amendment to the fees and charges for Heritage House Bangalow be advertised for a period of 28 days to allow for public submissions and:

 

a)      that if any submissions are received on the proposed amendments to the fees and charges they be reported back to Council prior to adoption; or

b)      that in the event that no submissions are received on the proposed amendment to the fees and charges they be adopted after the close of the exhibition period.

 

3.       That the reimbursement amount for out of pocket expenses for Heritage House Bangalow be increased from $1,000 to $2,000.


 

Report

 

The Bangalow Historical Society have recently built an extension to the Heritage House in Bangalow which now has large covered deck area which can be hired out by the Section 355 Committee when not operating as the Tea Rooms managed by the Historical Society.

 

Council has received a letter from Heritage House Bangalow requesting Council’s Fees and Charges be amended in line with their Hire Agreement as detailed in the Ordinary meeting agenda of 15 December 2011 Annexure 42.

 

Council considered this report at its Ordinary Meeting held on 15 December 2011 and it resolved to defer this report to allow staff to seek clarification from Heritage House with regard to the fees recommended.  Staff have contacted the Chairperson of Heritage House Bangalow Section 355 Committee to confirm the recommended fees as detailed in the report were correct.  To clarify the fee for the use of the kitchen when hiring the whole centre for a function the following wording has been included:  “Use of Kitchen (per booking - flat rate) $250”.

 

          2011/12 adopted Fees and Charges:

Bangalow Heritage House

1187.1

Commercial

Community

Meeting Room / Verandah

(includes casual use of the kitchen for morning/afternoon tea (urn, fridge, crockery, cutlery etc)

 

 

 

 

 

 

 

Per hour

 

8.00

7.00

Half Day (4 hours)

 

N/A

20.00

Per Day (8 hours)

 

N/A

35.00

Grounds per day

 

200.00

100.00

Other arrangements

Meeting room, verandah, kitchen and grounds by negotiations

 

 

2,000 min

 

2,000 min

Major function such as a Wedding

Includes house, verandah, kitchen and grounds.  This includes 1 day either side of the event for preparation and restoration of the site and 1 day for the event.

 

 

3,000

 

 

3,000

Bond  $500

 

 

 

Key deposit

 

50.00

50.00

Please note: The hiring of Heritage House Bangalow is subject to the Hirer reaching

a suitable agreement with Bangalow Historical Society Inc. who are the permanent,

principal tenant.

 

Recommended changes to adopted Fees and Charges as stated in their Hire Agreement.

Bangalow Heritage House

1187.1

Commercial

Community

Meeting Room or Verandah Only

(includes casual use of the kitchen for morning/afternoon tea (urn, fridge, crockery, cutlery etc)

 

 

 

 

Per hour

 

8.00

7.00

Half Day (4 hours) (Community only)

 

N/A

20.00

Per Day (8 hours) (Community only)

 

N/A

35.00

Grounds only per day (7am to 5pm)

 

200.00

100.00

Meeting Room, Verandah and Grounds

Per Hour

 

 

 

150.00

 

 

150.00

Use of Kitchen (per booking - flat rate)

 

250.00

250.00

Bond 

 

500.00

500.00

Key deposit

 

50.00

50.00

Please note: The hiring of Heritage House Bangalow is subject to the Hirer
reaching a suitable agreement with Bangalow Historical Society Inc. who
are the permanent, principal tenant
.

 

No income has been received for the hire of the House since August 2011 as the extension was being built. The extension has now been completed and they have verbally also requested if their reimbursement amount for out of pocket expenses could be increased from $1,000 to $2,000.

 

Council staff are presently meeting with the Section 355 Committee to ensure correct processes are followed with regards to their income and expenditure in managing Heritage House in line with the Section 355 Committee Guidelines. 

 

Financial Implications

 

The proposed fees and charges as requested by the Committee are appropriate for the use of the facility.

 

The reimbursement amounts for Section 355 Committees ranges from $1,000 to $2,000, depending on the use of the facility.  In accordance with the extra use, which will generate extra income, for this facility it has been recommended the reimbursement amount be increased.

 

Statutory and Policy Compliance Implications

 

The Section 355 Community manages the Heritage House Bangalow under adopted Guidelines and adopted Section 377 delegations which can be found on Council’s web site at www.byron.nsw.gov.au/section-355-committees

 

Section 355  How does a council exercise its functions?

 

A function of a council may, subject to this Chapter, be exercised:

a)              by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

b)              by a committee of the council, or

c)              partly or jointly by the council and another person or persons, or

d)              jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

e)              by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).

 

Advertising the amendment to the fees and charges are in accordance with Section 610F of Local Government Act 1993 which states:

 

(1)      A council must not determine the amount of a fee until it has given public notice of the fee in accordance with this section and has considered any submissions duly made to it during the period of public notice.

(2)      Public notice of the amount of a proposed fee must be given (in accordance with section 405) in the draft operational plan for the year in which the fee is to be made.

(3)      However, if, after the date on which the operational plan commences:

(a)   a new service is provided, or the nature or extent of an existing service is changed, or

(b)   the regulations in accordance with which the fee is determined are amended,

 the council must give public notice (in accordance with section 705) for at least 28 days of the fee proposed for the new or changed service or the fee determined in accordance with the amended regulations.

(4)      This section does not apply to a fee determined by a council for an application made in a filming proposal, if that fee is consistent with a scale or structure of fees set out in an applicable filming protocol.

 

 

 

Report No. 12.12.

Water, Waste and Sewer Advisory Committee membership

Executive Manager:   Corporate Management

File No:                        ADM250000 #1182823

 

Principal Activity:

 

Administration – Committee Coordination

Summary:

 

Council at its Ordinary Meeting held on 13 October 2011 adopted the Water, Waste and Sewer Advisory Committee minutes of 15 September 2011, which included resolution 11-826:

 

Committee Recommendation WW&S 4.1.1 Parts 2, 5 & 7

2.     That membership of the Advisory Committee be expanded through advertisement seeking two new community members with an interest in waste and recycling matters.

 

Staff subsequently advertised for the new community members and received 3 nominations.

 

 

RECOMMENDATION:

 

That Council consider nominations for two further community representatives for the Water, Waste and Sewer Advisory Committee.

 

 

Attachments:

 

·       Nominations received for the Water, Waste and Sewer Advisory Committee:

CONFIDENTIAL #1176065 [2 pages].............................................................................. Annexure 13(a)

CONFIDENTIAL #1175301 [2 pages].............................................................................. Annexure 13(b)

CONFIDENTIAL #1175536 [2 pages].............................................................................. Annexure 13(c)

 

Report

 

Council at its Ordinary Meeting held on 13 October 2011 considered a report on the Water, Waste and Sewer Advisory Committee meeting of 15 September 2011. One of the recommendations adopted by Council is resolution 11-826:

 

Committee Recommendation WW&S 4.1.1 Parts 2, 5 & 7

2.     That membership of the Advisory Committee be expanded through advertisement seeking two new community members with an interest in waste and recycling matters.

 

Staff subsequently advertised for the new community members and received three nominations.

 

In accordance with the resolution, Council can choose two new community members from the three nominations received.

 

Currently, the Water, Waste and Sewer Advisory Committee consists of:

 

a)      3 Councillor representatives; and

b)      3 community representatives.

 

Financial Implications

 

All community representatives on these advisory committees are volunteer positions.

 

Councillors appointed to advisory committees can claim travel expenses to and from each meeting in accordance with Council’s adopted Policy – Mayor and Councillors Payment of Expenses and Provision of Facilities – Clause 4 Travel Expenses.

 

Statutory and Policy Compliance Implications

 

Advisory Committees operate in accordance with their adopted Constitutions.

 

Further information on these advisory committees can be found on Council’s Webpage at www.byron.nsw.gov.au/committees#advisorycommittees.


 

 

 

Report No. 12.13.

PLANNING - Public submission on the exhibition of the Draft Air Space Policy

Executive Manager:   Corporate Management

File No:                        PLN106000 #1153177

 

Principal Activity:

 

Corporate Services

Summary:

 

Council resolved in relation to Strategic Planning Committee recommendation 7.1.1 at its Ordinary Meeting of 9 June 2011:

 

11-493  That Council receive advice on the result of the exhibition of draft airspace policy in that closed on 21 October 2010 and any advice required for fees and charges to be set, changed or modified

 

This report notes that no public submissions were received in regard to the draft airspace policy. However on the basis of advice in regard to relevant statutory provisions this report recommends amendments to the draft policy in order that regulatory control of airspace and leasing fees imposed accord with relevant statutory provisions.

 

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

 

RECOMMENDATION:

 

1.             That Council adopt the Air Space Policy.

 

2.             That leasing fees for air space development that provides for commercial floor area be imposed and calculated on the basis of a market valuation for the commercial use, in accordance with Council’s adopted Fees and Charges.

 

3.             That Council advise all premises owners that have existing and / or approved air space structures of the commencement of this Policy.

 

 

Attachments:

 

·       Draft Air Space Policy #1159070 [6 pages]..................................................................... Annexure 31(a)

·       CONFIDENTIAL Marsden advice on Draft Policy #1027114 [7 pages].............................. Annexure 31(b)

·       CONFIDENTIAL Marsden advice on Draft Policy #1031096 [5 pages]......... .....................Annexure 31(c)

 

Report

 

Summary:

 

              Council resolved in relation to Strategic Planning Committee recommendation 7.1.1 at its Ordinary Meeting of 9 June 2011:

 

11-493  That Council receive advice on the result of the exhibition of draft airspace policy in that closed on 21 October 2010 and any advice required for fees and charges to be set, changed or modified

 

This report notes that no public submissions were received in regard to the draft airspace policy. However on the basis of advice in regard to relevant statutory provisions this report recommends amendments to the draft policy in order that regulatory control of airspace and leasing fees imposed accord with relevant statutory provisions.

 

Background:

 

Council resolutions relating to airspace leasing policy date back to at least 2000. A draft Airspace Leasing Policy was prepared and placed on public exhibition in June 2002.

 

A revised draft policy was reported to Council’s Ordinary Meeting of 28 June 2005 at which meeting Council resolved (05-475) …..That Council abandons any further development on the Policy - Leasing of Airspace.

 

The matter of the leasing of airspace was revisited by Council at its Ordinary Meeting of 12 November 2009 in its consideration of DA 10.2008.742.1 for redevelopment of the Great Northern Hotel incorporating an above-footpath balcony and at which meeting it resolved as follows:

 

09-950: Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2008.742.1, for alterations and additions to the existing hotel including the replacement of the existing awning with a new awning/balcony, be granted consent subject to conditions listed in Annexure 16(b) (#902291).

 

09-951 Paragraph 1: Resolved that Council receive a further report on consent condition 49 regarding the lease value, terms and conditions for part of the public road reserve to be occupied by the proponent’s proposed balcony.

NB Condition 49 of DA 10.2008.742.1 provided that: A lease from Byron Shire Council of that part of the public road to be occupied by the balcony must be duly executed by all parties prior to issue of the Construction Certificate for Stage Two.

 

09-951 Paragraph 3: Resolved that any other air space usage in Byron Bay be reviewed for consistency with lease/licence arrangements.

 

Matters arising from paragraphs 1 and 3 of Council resolution 09-951 were reported to Council’s Ordinary Meeting of 13 May 2010 at which meeting Council resolved as follows:

 

10-364 Resolved:

 

1.       That Council undertake an audit of structures occupying the airspace over the public road reserve that have an approved use under the Environmental Planning and Assessment Act associated with commercial uses. 

 

2.       That the draft policy identified at #307324 be advertised for 28 days for public exhibition in relation to leasing of airspace #525455.

 

3.       That a register be established for leases and licenses over airspace.

 

4       That Council receive a report on the outcomes of the audit and draft policy and register for further consideration.

 

The draft airspace policy was publicly exhibited pursuant to Paragraph 2 of Council resolution 10-364 with the exhibition closing on 21 October 2010.

 

No public submissions were received in regard to the exhibited draft policy. However, legal advices received in late 2010 have provided relevant information in regard to the mechanisms available, and not available, to regulate and charge for the use of airspace.

 

              A Report in regard to Identifying cost saving/revenue within Environment Planning and Natural Resources Division was put to Council’s Strategic Planning Meeting of 26 May 2011.

 

              The Committee made recommendations to Council’s Ordinary Meeting of 9 June 2011 and Council resolved at this meeting as follows:

 

11-493 Resolved That Council receive advice on the result of the exhibition of draft airspace policy in that closed on 21 October 2010 and any advice required for fees and charges to be set, changed or modified.

 

Information:

 

The Exhibited Draft Policy

 

The exhibited draft policy provides for the following:

 

·                Requires a licence or lease in all instances where a structure, including verandas and awnings, occupies Council airspace

·                Recognises that the Roads Act provides that only the Director of the Department of Planning can approve leases of airspace over Council road reserves

·                Requires that rental be charged for usable space such as verandas and decks

·                Maximum lease/licence period of 3 years  

·                In exceptional circumstances a lease greater than 3 years can be allowed in which event a lease that can be registered is required and which in turn requires that a strata lot be created to which the lease applies

·                Maximum 10 years lease in any event

·                Provides considerations for the determination of a market valuation of appropriate rental fees

·                Provides impact assessment criteria for Council to consider when assessing applications for the construction of structures over public footpaths

 

Amended Draft Policy – Relevant Statutory Considerations

 

The proposed draft policy attached to this report as Annexure 31(a) incorporates a range of amendments that have been informed by legal advice received by Council in regard to the previously exhibited draft policy (Confidential Annexures 31(b) and 31(c). In determining the suitability of the provisions of the amended draft policy, the following matters have been taken into account.

 

·         Section 138 of the Roads Act permits a roads authority to approve the erection of a structure over a public road owned by the authority (NB Sections 125 – 127 of the Roads Act relate to Footway Restaurants).

 

·         Section 139 of the Roads Act permits a roads authority to impose such conditions as it thinks fit on an approval issued under Section 138.

 

·         Section 149 of the NSW Roads Act 1993 permits a road authority to grant a lease of air space above a public road owned by the authority subject to the consent of the Director of Planning being obtained.

 

·         Section 149 limits the maximum period of a lease to 99 years and does not otherwise restrict the terms of a lease.

 

·         The requirement that a leasing arrangement be entered into under Section 149 of the Roads Act can be made a condition of an approval under Section 138.

 

·         Section 149 does not confer on Council the right to grant a licence for air space with the consequence that Council does not have such a right.

 

·         A rental arrangement must be regarded as akin to a leasing arrangement therefore a rental arrangement would be subject to the same controls as a leasing arrangement.  If a rental, or cost, is to be imposed then a leasing arrangement is required.

 

·         A development consent granted under the Environmental Planning and Assessment Act for a structure over a public road does not, of itself, entitle the applicant to occupy the subject air space. Such entitlement derives from the application of the Roads Act.

 

·         The Real Property Act 1900 requires that a lease for any period exceeding 3 years must be registered. This entails that the lease be recorded on the land title.

 

·         Sections 23F and 23G of the Conveyancing Act 1919 require that a lease for more than 5 years including any option of renewal must be for an area defined as a lot in a current registered plan.  That is, if the proposed lease is to be longer than 5 years, a strata subdivision of the road reserve would be required to create a lot in a strata plan for the purpose of the lease.

 

·         Strata subdivision of a road reserve is permissible under s259 of the Roads Act.

 

·         Unless an approval under Section 138 of the Roads Act has been granted, the occupant of airspace and/or the owner of the occupying structure has no lawful right to so occupy the airspace.

 

·         In the event that no Section 138 approval has been granted, Council may issue an order under Section 107 of the Roads Act to remove the structure. Such an order is not appellable. 

 

If Council wishes to discuss the confidential legal advice, it is recommended that Council resolve to move into confidential session. If that is the case, the motion could be along the lines:

         

1.       That pursuant to Section 10A(2)(g) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss confidential Annexures 31(b) and 31(c).

 

2.       That the reasons for closing the meeting to the public to further consider this item be that it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

3.       That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as it could compromise the position of Council in current or future litigation and present a risk to public funds.

 

Amended draft policy – other considerations:

 

·                Proposed air space structures are to be assessed in the context of the entire development of which they are an element, of the existing streetscape and of the use of the ground level under the structure.

 

·                All air space structures are to have an approval under Section 138 of the Roads Act.

 

·                Section 138 approvals are to incorporate conditions that relate to the structural safety and appearance of the structure.

 

·                Where an air space structure incorporates commercial floor area, the required Section 138 approval shall include a condition that requires that a leasing arrangement under Section 149 of the Roads Act be entered into.

 

·                Fees to be imposed under any such leasing agreement are to be determined by a market valuation of the commercial floor area.  

 

·                Retrospective approvals and leasing arrangements for existing structures are not required, however all existing structures without approval will be required to obtain an approval under Section 138 of the Roads Act with appropriate conditions.

 

Financial Implications

 

Costs were involved in obtaining legal advice, however income will accrue when appropriate commercial leasing rates are applied to air space structures.

 

Fees for both new leases and licences of Council have already been adopted on page 24 in Council’s Fees and Charges 2011/12 (Res No. 11-546 – 30 June 2011).

 

Statutory and Policy Compliance Implications

 

Council should not retrospectively impose a leasing arrangement and fee for premises that have an existing and/or approved air space structure.

 

It is intended that from the date of the adoption of this Air Space Policy, leases will be required for the commercial use of airspace.

 

 

 

Report No. 12.14.

Request for reduction in fees - Byron Artisan Market

Executive Manager:   Corporate Management

File No:                        BEN400000 #1187488

 

Principal Activity:

 

Property and Contracts

Summary:

 

Council resolved to enter into a Temporary Licence with Byron Bay Community Association Inc for the Artisan Market to be held on Railway Park each Saturday evening from 1 October 2011 to 7 April 2012.

 

The Byron Bay Community Association Inc have requested a reduction in their fees payable to Council for the market.  This report recommends that Council determine whether it wishes to reduce its adopted fees and charges for temporary markets for the Artisan Market.

 

 

RECOMMENDATION:

 

That Council determine its position in relation to a reduction in its adopted fees and charges to the Byron Bay Community Association Inc for the Temporary Market Licence Fees for the Artisan Market.

 

 

Attachments:

 

·       Letter from BBCA dated 3 October 2011 #1149813 [2 pages]........................................... Annexure 34(a)

·       Letter to BBCA dated 31 October 2011 #1158501 [2 pages]............................................. Annexure 34(b)

·       Email from BBCA dated 15 December 2011 #1178530 [1 page]....................................... Annexure 34(c)

·       Letter to BBCA dated 17 January 2011 #1187192 [2 pages]............................................. Annexure 34(d)

 

Report

 

After considering a Notice of Motion made to the Strategic Planning Committee Meeting of 22 September 2011 – “4.2 Approval of Byron Artisan Market” (www.byron.nsw.gov.au/meetings/2011) the Strategic Planning Committee resolved under delegation:

 

11-743

 

“1.     That Council, being aware of legal advice received on 20 September 2011 (#1143876) issue the Byron Bay Community Association (BBCA) a temporary licence to operate the Artisan Market at Railway Park, Byron Bay from 1 October 2011 until 7 April 2012, as per application received.

 

2.       That the General Manager issue the licence as per the regulating code 4.2. Development Consent, in the existing Markets within Byron Shire Policy.

 

3.       That the licence is considered temporary as a term of a standard licence is three consecutive years, as stated within regulating code 4.3. Licence, in the existing Markets within Byron Shire Policy.

 

4.       That Council note that support for the artisan market conforms with Council’s cultural policy, creative industry strategy, draft economic strategy and community safety plan as support and recognition of the creative community and public safety.

 

5.       That Council request a report on the operations of markets over the last two years from the BBCA.”

 

Management wrote to the BBCA requesting a report on the operations of the Artisan Market over the last two years and enclosing their temporary Licence for execution and advising of Council’s adopted fees for temporary markets.

 

On 3 October 2011, the BBCA wrote to Council requesting a review of the fee structure for this market.  A copy of that correspondence is Annexure 34(a).  The fees for the Artisan Market have increased from a “community” lease/licence fee based on nominal Crown Rent in 2010 ($400 per annum) to Council’s adopted fees and charges for temporary markets, being $320.00 per market.

 

The setting of temporary market fees have been the subject of previous reports to Council.  A brief history of the setting of the temporary market licence fees is as follows:

 

“At its Committee Meeting of 17 November 2009 the MCI Committee considered a report “Policy 5.51 “Markets on Council Owned and Controlled Land”.  The MCI Committee made recommendations to Council’s Ordinary Meeting of 17 December 2009 (MCI 5.6.1).

 

That report contained the recommendations made by the Markets and Creative Industries (MCI) Committee to Council after consultation and meetings with stakeholders including Market Management and Stallholder Associations as part of the further review undertaken in accordance with Part 1 of Resolution 08-100.  Council following consideration of the MCI Committee Recommendations resolved, in part, as follows:

 

09-1140

 

2.       That Council formulate a process to determine the fees and charges for temporary market licences.

 

After considering a report tabled to the Ordinary Meeting of 22 April 2010 –

“12.3 Policy 5.51 Markets on Council owned and controlled land” (www.byron.nsw.gov.au/meetings/2010) Council resolved, in part, as follows:

 

10-271

 

1.       “That Council write to the individuals and organisations that provided feedback during the exhibition period of the Policy and thank them for their contribution.

 

2.       That Council adopt the fees and charges as set below for a Temporary Market Licence and that the adopted fees and charges be placed on public exhibition for a minimum period of 28 days.

 

Licence Fees - Temporary Market

Application Fee                                                                $150.00

 

Fee Per day                                                                     $275.00

(evidence of incorporation

as a non-profit association required)

 

3.       That in the event that no submissions are received on the Temporary Market Licence fee after the exhibition period, the fees be adopted and incorporated into Council’s Adopted Fees and Charges for 2009/10.”

 

Since that time, the adopted fees and charges for temporary market licences have increased to $170.00 Application fee and $320.00 Fee per day.

 

Management wrote to the BBCA on 31 October 2011 detailing the history of the setting of the temporary market licence fee and advising that Council staff do not have delegations to waive Council’s adopted fees and charges.  Management advised the BBCA that should they wish a report to the elected Council for their consideration of a reduction in fees be prepared, could they please advise in writing.  A copy of that correspondence is Annexure 34(b).

 

On 15 December 2011, the BBCA advised via email that they did wish a report to be prepared for Council’s consideration in relation to their request for a reduction in the Artisan Market fees.  A copy of that correspondence is Annexure 34(c).

 

On 20 December 2011, Management wrote to the BBCA advising that the report would be prepared for Council’s consideration.  That correspondence also pointed out that the Artisan Market Licence was not valid until such time as the licence document was executed and returned, together with any outstanding fees.  The BBCA was also advised that the report would be considered by Council in early 2012, and if at that time, Council resolved to reduce the fees payable, a credit and refund would be applied.  A copy of that correspondence in Annexure 34(d).

 

On 2 January 2012, the BBCA returned signed Licence Agreements.  Clause 4.2 of the Licence Agreement requiring payments of fees of $320.00 per market in accordance with Council’s adopted fees and charges had been crossed out and initialled.

 

Management wrote to the BBCA on 17 January 2012 explaining again that Council staff do not have delegated authority to waive Council’s adopted fees and charges and that the original Licence Agreement offered was required to be signed and returned, and all outstanding fees due paid within seven (7) days.  It was explained that the BBCA risked being issued an Order to cease unlicenced activities on the Park unless these actions were undertaken.  It was further explained that the report to Council detailing their request for a reduction in fees would be tabled at the Ordinary Meeting of 9 February 2012 and that if the elected Council resolved to reduce their fees, a credit and refund would be applied.

As Management and staff do not have delegated authority to waive Council’s adopted fees and charges, this report seeks Council’s determination on whether they wish to reduce the fees payable by BBCA for the temporary market licence fees for the Artisan Market.

 

Should Council determine to reduce the fees, it could do so by resolving to allocate a Section 356 Donation as Council’s contribution to the Byron Bay Community Association Inc., for the whole, or part of, the temporary market licence fee for the Artisan Market – such as:

 

          “That Council resolve the allocation by resolution of a Section 356 Donation to the Byron Bay Community Association Inc as Council’s contribution to the temporary market licence fee for the Artisan Market.”

 

Financial Implications

 

Fees for Temporary Markets were set by Council by resolution 10-271.  The fees are an Application fee of $170.00 and Temporary Market Licence fee of $320.00 per market.  The Artisan Market runs every Saturday evening from October to April.  The BBCA is invoiced monthly for the market, being $1,600 or $1,280, depending on how many markets are held in the month.

 

There is currently $4,480.00 in fees that have been invoiced and are unpaid.  The total amount due for the whole of the term of the temporary market licence is $8,960.00.  Prior to Council adopting the Fees and Charges for Temporary Markets, the BBCA was charged fees consistent with the minimum Crown Rental which is currently $432.00.

 

If Council determines to reduce the fees by allocation of a Section 356 Donation, there may be a need for consideration of that donation at the next quarterly review.

 

Statutory and Policy Compliance Implications

 

Section 356 of the Local Government Act states:-

 

356    Can a council financially assist others?

(1)     A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

 

(2)     A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.

 

(3)     However, public notice is not required if:

(a)   the financial assistance is part of a specific program, and

(b)   the program’s details have been included in the council’s draft management plan for the year in which the financial assistance is proposed to be given, and

(c)   the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

(d)   the program applies uniformly to all persons within the council’s area or to a significant group of persons within the area.

 

(4)     Public notice is also not required if the financial assistance is part of a program of graffiti removal work.

 

 

 

Report No. 12.15.

2011-2012 Financial Assistance Grant

Executive Manager:   Corporate Management

File No:                        FIN100500 #1170751

 

Principal Activity:

 

Financial Services

Summary:

 

Council has been advised of its entitlement regarding the 2011-2012 Financial Assistance Grant and details on how the grant has been calculated.  The NSW Local Government Grants Commission has asked that the calculation details of the Financial Assistance Grant be tabled at a Council Meeting.

 

This report tables the calculations from the NSW Local Government Grants Commission for the information of Council.

 

 

RECOMMENDATION:

 

That the report be received and noted.

 

 

Attachments:

 

·       Details of 2011-2012 Financial Assistance Grant Calculations #1158572 [30 pages]........... Annexure 20(a)

·       Details of 2011-2012 Financial Assistance Grant Entitlement #1136177 [14 pages]............ Annexure 20(b)

·       Copy of Council submission to the 2012/2013 Financial Assistance Grant
#1170413 [3 pages]....................................................................................................... Annexure 20(c)

 

Report

 

The NSW Local Government Grants Commission has advised Council of its entitlement to the Financial Assistance Grant for 2011-2012 and the detailed calculations surrounding Council’s grant allocation.  

 

Details of the monetary value of Council’s 2011-2012 Financial Assistance Grant was advised to Council on 1 September 2011 and is detailed at Annexure 20(b).  In summary Council 2011-2012 Financial Assistance Grant is detailed in the table below:

 

Grant Component

Value $

General Purpose

1,385,341

Roads Component

1,085,179

CPI Adjustment from 2010-2011 General

4,408

CPI Adjustment from 2010-2011 Roads

3,293

Total Financial Assistance Grant 2011-2012

2,478,221

 

 

 

The total General Purpose component of the Financial Assistance Grant for 2011-2012 is $1,389,749 and the total Roads component is $1,088,472.

 

For the last two financial years the Commonwealth has paid an instalment of the Financial Assistance Grant in advance.  In relation to the grant for 2011-2012, Council received a total advance payment of $628,745 in June 2011.  Grant payments received during the course of the 2011-2012 financial year will be reduced by the amount of the advance payment.

 

As indicated in Annexure 20(b), the Financial Assistance Grant to Council is a general purpose grant.  That is whilst it has defined components that make up the grant ie General and Roads, there are no conditions attached to the grant in terms of how Council expends it.  Council recognises this grant in the General Purpose Revenues Program along with rate revenue which by virtue of the budget is distributed to other programs of Council.

 

Outlined in Annexure 20(a) are the detailed calculation factors used by the NSW Local Government Grants Commission to calculate the Financial Assistance Grant for Council for 2011-2012.  This information was received by Council on 28 October 2011.  The Local Government Grants Commission has asked that this information be tabled at a Council Meeting and as such this is the reason for this report.

 

Council is able to provide a submission to the NSW Local Government Grants Commission on any of the factors utilised to calculate its grant entitlement.  Submissions for the 2012/2013 Financial Assistance Grant closed on 30 November 2011 and are optional. Council did provide a submission and the submission is detailed at Annexure 20(c). The theme of the submission related to the discount applied to the Grant by way of the revenue allowance which is related to land values in the Council area, the cost of road maintenance and the impact of Tourism and the relevance of the Financial Assistance Grant received by Byron Shire Council in comparison to neighbouring councils.

 

Financial Implications

 

There are no financial implications associated with this report as it is informing Council of its Financial Assistance Grant entitlement for 2011-2012 and how it was calculated.

 

Statutory and Policy Compliance Implications

 

Funding of the Financial Assistance Grant is provided by the Commonwealth Government via the NSW Local Government Grants Commission.  The NSW Local Government Grants Commission determines the distribution of the Financial Assistance Grant to each Council in NSW from the pool of funds allocated to the State of NSW by the Commonwealth Government.  Each State in Australia is required to have a Local Government Grants Commission to determine distributions to Councils in their respective State.

 

The Financial Assistance Grant is governed by the Local Government (Financial Assistance) Act 1995 Cth.

 

 

 

 

Report No. 12.16.

Council Holiday Parks Financial Performance 2010/2011

Executive Manager:   Corporate Management

File No:                        BEN200000 #1183987

 

Principal Activity:

 

Financial Services

Summary:

 

Council adopted the Annual Financial Statements for the year ended 30 June 2011 at its Ordinary Meeting held on 20 October 2011 through resolution 11-838

 

Council as part of its consideration of the Annual Financial Statements also dealt with the Special Purpose Financial Reports, which include specific reports on Council’s declared business activities such as the Council’s Holiday Parks. 

 

During its consideration of the Special Purpose Financial Reports, Council requested a further report be provided on Council’s Holiday Parks providing detail on the individual Holiday Parks, given they are reported on an aggregated basis in the Special Purpose Financial Reports. 

 

This report provides this information.

 

 

RECOMMENDATION:

 

That the report be received and noted.

 

 

Attachments:

 

·       Byron Shire Council Holiday Parks Financial Performance 2010/2011 #1183819 [2 pages]..... Annexure 17

 

Report

 

Council adopted the Annual Financial Statements for the year ended 30 June 2011 at its Ordinary Meeting held on 20 October 2011 through resolution 11-838

 

Council as part of its consideration of the Annual Financial Statements also dealt with the Special Purpose Financial Reports, which include specific reports on Council’s declared business activities such as the Council’s Holiday Parks. 

 

During its consideration of the Special Purpose Financial Reports, Council requested a further report be provided on Council’s Holiday Parks providing detail on the individual Holiday Parks, given they are reported on an aggregated basis in the Special Purpose Financial Reports. 

 

This report provides this information.

 

As outlined in Council’s 2011-2014 Management Plan and Budget Estimates, Council operates a budget program containing its two Holiday Parks (First Sun and Suffolk Beachfront) on a combined basis.  For the purposes of National Competition Policy Reporting in the Annual Special Purpose Financial Reports, Council also reports the financial performance of the two Holiday Parks on a combined or aggregated basis, as Council has defined its Holiday Parks as a declared business operation.

 

Council, although it reports on an aggregated basis, does keep separate accounting records for the operating revenue, operational expenditure and capital expenditure for each of the two Holiday Parks ,and as such a reconciliation of the 2010/2011 financial performance of First Sun Holiday Park and Suffolk Beachfront Holiday Park has been prepared and is provided at Annexure 17. 

 

There are some expenditures that Council currently does not split between the Holiday Parks but applies on a program basis. These relate to depreciation of assets, support costs and dividend payments to Council, which are disclosed under the column ‘Other Program’ in Annexure 17. 

 

Aside from these the following table summarises the financial results derived during the 2010/2011 financial year for each Holiday Park.

 

 

First Sun $

Suffolk Beachfront $

Other Program $

Overall Totals $

 

 

 

 

 

Operating Revenue

2,366,277

670,895

 

3,037,172

Operating Expenditure

1,172,572

530,427

 

1,702,999

Gross Operating Result before Other Program Costs

1,183,705

140,468

 

1,324,173

 

 

 

 

 

Other Program Costs

 

 

 

 

Depreciation

 

 

301,733

301,733

Support Services

 

 

80,200

80,200

Governance and Dividend

 

 

734,700

734,700

 

 

 

 

 

Total Operating Result

1,183,705

140,468

(1,116,632)

217,540

 

As the above table indicates in gross terms both First Sun Holiday Park and Suffolk Beachfront Holiday Park were profitable for the 2010/2011 financial year, were able to fund the depreciation of their respective assets overall and provided a contribution to the General Fund of Council amounting to $814,900.

 

In addition to the operational results above, Council undertook $199,510 in capital works at First Sun Holiday Park and $62,664 in capital works at Suffolk Beachfront Holiday Park.  A total of $313,788 in loan principal and interest was also repaid on outstanding Holiday Park loan borrowings during 2010/2011.

 

As at 30 June 2011, Council retains a reserve for the Holiday Parks with a closing balance of $190,615. The reserve is a combine reserve for both Parks and does not contained separate balances for each Park. Detailed movements within this reserve during the 2010/2011 financial year are also contained at Annexure 17.

 

If comparison is made to the 2009/2010 financial year, the following financial results were achieved for each Park:

 

Operating Revenue

 

Year

First Sun

Suffolk Beachfront

2010/2011 - $

2,366,277

670,895

2009/2010 - $

2,194,511

612,790

Change - $

+171,766

58,105

Change - %

+7.8%

+9.5%

 

Operating Expenditure (excluding Other Program Costs)

 

Year

First Sun

Suffolk Beachfront

2010/2011 - $

1,172,572

530,427

2009/2010 - $

1,052,145

535,980

Change - $

+120,427

-5,553

Change - %

+11.4%

-1.04%

 

Individual Holiday Park Profitability (excluding Other Program Costs)

 

Year

First Sun

Suffolk Beachfront

2010/2011 - $

1,183,705

140,468

2009/2010 - $

1,142,366

76,810

Change - $

+41,339

+63,658

Change - %

+3.6%

+82.8%

 

The financial results indicated in this report are different to those identified in the published Annual Special Purpose Financial Reports forming part of the Annual Financial Statements for 2010/2011.  This is due to the exclusion of ‘notional’ costs that Council has to apply for the purposes of National Competition Policy in the Special Purpose Financial Reports but which are not physically incurred. 

 

These costs include debt guarantee fees, provision for income tax on profits and land tax.  Council is exempt from these costs but they are included for the purposes of National Competition Policy to demonstrate financial results, as if they did apply, so to compare Council’s results to results that may be derived by the private sector, which is not exempt from those costs.

 

It is pleasing that in 2010/2011 that the Council’s Holiday Parks demonstrated a positive financial performance for each Park when individually compared to the financial results of 2009/2010.

 

Financial Implications

 

None associated with this report.

 

Statutory and Policy Compliance Implications

 

Council is required to prepare Special Purpose Financial Reports each financial year in accordance with the Local Government Code of Accounting Practice and Financial Reporting for its declared business operations.  Council is also required to financially report and operate its declared business activities in accordance with the principles of National Competition Policy.

 

 

 

Report No. 12.17.

Investments –November and December 2011

Executive Manager:   Corporate Management

File No:                        FIN252000 #1171314

 

Principal Activity:

 

Financial Services

Summary:

This report includes a list of investments as at 30 November and 31 December 2011.

 

 

RECOMMENDATION:

 

That Council receive and note the record of investments for the month of November and December 2011.

 

 

Attachments:

 

·       Investment Valuations and Graphs November 2011 #1171315 [2 pages]........................... Annexure 21(a)

·       Investment Valuations and Graphs December 2011 #1184124 [2 pages]........................... Annexure 21(b)

·       Denison Investment Report November 2011 #1176383 [11 pages].................................... Annexure 21(c)

 

Report

 

Council has continued to maintain a diversified portfolio of investments. The average 90 day bank bill rate for the months of November and December was 4.57%.  Council’s performance for the months of November and December is a weighted average of 4.66%.  This performance is slightly higher than the benchmark for the first time in many months.  This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits.  The maturity of the Prelude CDO in December also had an effect on Council’s return as it was earning 0% interest.  This CDO repaid principal of $1,000,000 due on 30 December 2011 with payment in full received on 5 January 2012.  This leaves Council exposed to one CDO worth $1,000,000 that matures in March 2012.  This CDO is linked to commodity prices and not corporates.  Council’s investment portfolio should continue to out-perform the benchmark as the capital protected investments earning 0% interest begin to mature or are able to be switched favourably.  There are still a number of Council’s capital protected investments being partially and fully allocated to an underlying zero coupon bond.  This is part of the “Capital Protection Mechanism” and coupons will not be paid if any allocation is made to this bond.

 

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

 

For the months of November and December, the current value of investments has remained lower than the principal amount.  The table below shows a slight decrease in the unrealised loss for Council from October to December 2011.

 

Movement in Principal and Current Market Valuations

 

Month

Principal

Current Value (at end of month)

Unrealised Gain/(Loss)

OCTOBER

62,633,100.55

60,495,830.52

(2,137,270.03)

NOVEMBER

63,822,661.81

61,942,903.83

(1,879,757.98)

DECEMBER

60,336,462.62

58,505,039.56

(1,831,423.06)

 

This unrealised loss is a consequence of the lingering effects of the Global Financial Crisis.  Some of Council’s investments are linked to the Credit and Equity Markets which have been adversely affected and are yet to recover.  A breakdown of this can be seen in the table below.  The figures are for December 2011.

 

Dissection of Council Investment Portfolio as at 31 December 2011

 

Principal ($)

Investment Linked to:-

Current Value

Unrealised Gain/(Loss)

37,424,300.00

TERM DEPOSITS

37,424,300.00

0

1,612,162.62

BUSINESS ONLINE SAVER

1,612,162.62

0

3,500,000.00

MANAGED FUNDS

3,083,500.00

(416,500.00)

8,000,000.00

CREDIT

7,656,496.94

(343,503.06)

9,800,000.00

EQUITY

8,728,580.00

(1,071,420.00)

60,336,462.62

 

58,505,039.56

(1,831,423.06)

 

Council uses a diversified mix of investments to achieve short, medium and long-term results. Council’s historical strategy is to use credit/equity markets for exposure to long term growth. It should be noted that Council’s exposure to credit/equity products is capital protected when held to maturity, which ensures no matter what the market value of the product is at maturity, Council is insured against any capital loss.  The investment strategy associated with long term growth is now prohibited under the current Ministerial Investment Order utilising credit/equity markets to seek investment products.  However, the ‘grandfathering’ provisions of the Ministerial Investment Order provides Council can retain investments now prohibited until they mature.  Council is also looking continually at ‘switch’ opportunities for these investments in conjunction with its independent investment advisors.  Any ‘switch’ opportunities undertaken are reported to Council in the investment report relating to the month the ‘switch’ occurred.  Notwithstanding the current valuations of credit/equity investments, these products will trend toward their full principal value as they approach maturity.

 

During the month of November, Council wound up its exposure with Local Government Financial Services (LGFS).  This was due to the revised Ministerial Investment Order and the removal of LGFS as an authorised investment under that order.  LGFS concluded that the Fixed Performance Cash Fund (which Council held) should cease providing deposit taking services and repay all investments on the 29 November 2011.  Council invested $1,500,000 in the LGFS Fixed Performance Cash Fund in March 2008 which has grown through distributions to $1,834,684.62 at 29 November 2011.  This provided a return of approximately 6.09% per annum over the life of the investment.  The redemption was subsequently re-invested in term deposits purchased on 30th November.

 

Investments held as at 30 November 2011

 

Date

Principal ($)

Description

CP*

Rating

M’ty

Type

Rate

Current Value

15/11/05

1,000,000

PRELUDE EUROPE LTD

N

B

12/11

CR

0.00%*

959,200.00

26/3/07

1,000,000

CARGO II

N

AAA

03/12

CR

6.42%

916,600.00

24/7/07

1,000,000

AVERON II

CP

AAA

07/14

CR

0.00%*

830,000.00

17/1/08

1,000,000

ANZ SUB DEBT

N

AA-

01/13

CR

5.96%

995,782.02

30/1/08

1,000,000

SELECT ACCESS INVESTMENTS

CP

AA

11/12

CR

5.62%

951,400.00

22/4/08

2,000,000

ANZ TRANSFERABLE DEPOSIT

N

AA

04/13

CR

6.00%

2,016,980.00

14/11/08

2,000,000

ANZ TRANSFERABLE DEPOSIT

N

AA

12/12

CR

5.16%

1,993,080.00

16/12/08

2,000,000

CBA SENIOR TCD

N

AA

12/14

CR

6.58%

2,001,380.00

26/9/05

1,500,000

EMU NOTES

CP

AAA-

10/15

MFD

0.00%*

1,272,900

29/6/06

2,000,000

ALL SEASONS NOTE

CP

AA+

08/14

MFD

0.00%*

1,776,400.00

22/6/06

1,000,000

HIGH INCOME NOTES

CP

A+

06/13

E

0.00%*

904,900.00

5/9/06

800,000

MGD GLOBAL PROPERTY

CP

A+

09/12

E

0.00%*

770,720.00

22/11/06

1,000,000

LIQUIDITY

CP

A+

10/12

E

0.00%*

963,100.00

30/3/07

1,000,000

INFRASTRUCTURE AND UTILITIES NOTE

CP

A+

03/14

E

0.00%*

861,100.00

28/9/07

1,000,000

TRI-SECTOR LINKED NOTE

CP

A+

09/14

E

0.00%*

832,100.00

5/11/07

1,000,000

ELN 2

CP

AA

11/12

E

3.00%

986,100.00

28/11/07

3,000,000

CLIENT MANAGED NOTE

CP

A+

11/14

E

0.00%*

2,472,600.00

20/12/07

1,000,000

DANDELION NOTE

CP

AA

12/12

E

0.00%*

915,900.00

25/8/11

1,000,000

HERITAGE BUILDING SOCIETY

Y

NR

02/12

TD

6.00%

1,000,000.00

6/9/11

2,000,000

SUNCORP

P

A

12/11

TD

5.89%

2,000,000.00

27/7/11

2,000,000

CREDIT UNION AUSTRALIA

P

NR

01/12

TD

5.94%

2,000,000.00

29/9/08

2,000,000

WESTPAC BANK

N

AA

09/13

TD

8.00%

2,000,000.00

16/12/08

1,000,000

WESTPAC BANK

N

AA

12/13

TD

6.00%

1,000,000.00

28/9/09

785,000

INVESTEC BANK

Y

BBB+

01/14

TD

8.02%

785,000.00

2/10/09

1,734,800

ELDERS RURAL BANK

N

BBB

07/12

TD

6.93%

1,734,800.00

30/9/11

918,500

BANK OF CYPRUS

Y

NR

01/12

TD

6.00%

918,500.00

14/9/11

1,000,000

CREDIT UNION AUSTRALIA

N

NR

12/11

TD

5.83%

1,000,000.00

17/6/10

786,000

SUNCORP

N

A

06/14

TD

7.30%

786,000.00

29/4/11

2,000,000

COMMUNITY CPS

P

NR

01/12

TD

5.72%

2,000,000.00

29/8/11

1,000,000

ME BANK

Y

BBB

01/12

TD

5.90%

1,000,000.00

29/811

1,000,000

NEWCASTLE PERMANENT

Y

NR

01/12

TD

5.80%

1,000,000.00

7/9/11

2,000,000

SOUTHERN CROSS CR UNION

P

NR

12/11

TD

5.75%

2,000,000.00

12/5/11

1,000,000

INVESTEC BANK

N

BBB+

05/14

TD

7.48%

1,000,000.00

31/5/11

2,000,000

ING BANK (AUSTRALIA)

P

A1

03/12

TD

5.79%

2,000,000.00

28/9/11

4,200,000

WESTPAC BANK

N

AA

01/12

TD

5.85%

4,200,000.00

27/7/11

1,000,000

RABO BANK

P

AAA

5/12

TD

6.30%

1,000,000.00

8/8/11

1,000,000

RABO BANK

N

AAA

8/13

TD

6.50%

1,000,000.00

25/8/11

1,000,000

GREATER BUILDING SOCIETY

Y

NR

2/12

TD

6.05%

1,000,000.00

28/11/11

1,000,000

WIDE BAY LTD

Y

NR

04/12

TD

5.95%

1,000,000.00

28/11/11

1,000,000

ST GEORGE BANK

Y

AA-

02/12

TD

5.80%

1,000,000.00

30/11/11

1,000,000

ING BANK (AUSTRALIA)

Y

A1

01/12

TD

5.81%

1,000,000.00

30/11/11

1,000,000

ST GEORGE BANK

Y

AA-

02/12

TD

5.80%

1,000,000.00

30/11/11

2,000,000

NATIONAL AUSTRALIA BANK

Y

AA-

03/12

TD

5.99%

2,000,000.00

N/A

4,098,362

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

5.00%

4,098,361.81

Total

63,822,662

 

 

 

 

AVG

4.64%

61,942,903.83

 

Investments held as at 31 December 2011

 

Date

Principal ($)

Description

CP*

Rating

M’ty

Type

Rate

Current Value

26/3/07

1,000,000

CARGO II

N

AAA

03/12

CR

6.42%

916,600.00

24/7/07

1,000,000

AVERON II

CP

AAA

07/14

CR

0.00%*

792,100.00

17/1/08

1,000,000

ANZ SUB DEBT

N

AA-

01/13

CR

5.96%

994,592.72

30/1/08

1,000,000

SELECT ACCESS INVESTMENTS

CP

AA

11/12

CR

5.62%

944,570.00

22/4/08

2,000,000

ANZ TRANSFERABLE DEPOSIT

N

AA

04/13

CR

6.00%

2,015,994.22

14/11/08

2,000,000

ANZ TRANSFERABLE DEPOSIT

N

AA

12/12

CR

5.16%

1,992,640.00

26/9/05

1,500,000

EMU NOTES

CP

AAA-

10/15

MFD

0.00%*

1,272,900.00

29/6/06

2,000,000

ALL SEASONS NOTE

CP

AA+

08/14

MFD

0.00%*

1,810,600.00

22/6/06

1,000,000

HIGH INCOME NOTES

CP

A+

06/13

E

0.00%*

907,300.00

5/9/06

800,000

MGD GLOBAL PROPERTY

CP

A+

09/12

E

0.00%*

773,280.00

22/11/06

1,000,000

LIQUIDITY

CP

A+

10/12

E

0.00%*

965,500.00

30/3/07

1,000,000

INFRASTRUCTURE AND UTILITIES NOTE

CP

A+

03/14

E

0.00%*

863,600.00

28/9/07

1,000,000

TRI-SECTOR LINKED NOTE

CP

A+

09/14

E

0.00%*

833,500.00

5/11/07

1,000,000

ELN 2

CP

AA

11/12

E

3.00%

984,500.00

28/11/07

3,000,000

CLIENT MANAGED NOTE

CP

A+

11/14

E

0.00%*

2,483,100.00

20/12/07

1,000,000

DANDELION NOTE

CP

AA

12/12

E

0.00%*

917,800.00

25/8/11

1,000,000

HERITAGE BUILDING SOCIETY

Y

NR

02/12

TD

6.00%

1,000,000.00

6/9/11

2,000,000

SUNCORP

P

A

03/12

TD

5.88%

2,000,000.00

27/7/11

2,000,000

CREDIT UNION AUSTRALIA

P

NR

01/12

TD

5.94%

2,000,000.00

29/9/08

2,000,000

WESTPAC BANK

N

AA

09/13

TD

8.00%

2,000,000.00

16/12/08

1,000,000

WESTPAC BANK

N

AA

12/13

TD

6.00%

1,000,000.00

28/9/09

785,000

INVESTEC BANK

Y

BBB+

01/14

TD

8.02%

785,000.00

2/10/09

1,734,800

ELDERS RURAL BANK

N

BBB

07/12

TD

6.93%

1,734,800.00

30/9/11

918,500

BANK OF CYPRUS

Y

NR

01/12

TD

6.00%

918,500.00

14/9/11

1,000,000

CREDIT UNION AUSTRALIA

N

NR

03/12

TD

5.74%

1,000,000.00

17/6/10

786,000

SUNCORP

N

A

06/14

TD

7.30%

786,000.00

29/4/11

2,000,000

COMMUNITY CPS

P

NR

01/12

TD

5.72%

2,000,000.00

29/8/11

1,000,000

ME BANK

Y

BBB

01/12

TD

5.90%

1,000,000.00

29/811

1,000,000

NEWCASTLE PERMANENT

Y

NR

01/12

TD

5.80%

1,000,000.00

7/9/11

2,000,000

SOUTHERN CROSS CR UNION

P

NR

03/12

TD

5.80%

2,000,000.00

12/5/11

1,000,000

INVESTEC BANK

N

BBB+

05/14

TD

7.48%

1,000,000.00

31/5/11

2,000,000

ING BANK (AUSTRALIA)

P

A1

03/12

TD

5.79%

2,000,000.00

28/9/11

4,200,000

WESTPAC BANK

N

AA

01/12

TD

5.85%

4,200,000.00

27/7/11

1,000,000

RABO BANK

P

AAA

5/12

TD

6.30%

1,000,000.00

8/8/11

1,000,000

RABO BANK

N

AAA

8/13

TD

6.50%

1,000,000.00

25/8/11

1,000,000

GREATER BUILDING SOCIETY

Y

NR

2/12

TD

6.05%

1,000,000.00

28/11/11

1,000,000

WIDE BAY LTD

Y

NR

04/12

TD

5.95%

1,000,000.00

28/11/11

1,000,000

ST GEORGE BANK

Y

AA-

02/12

TD

5.80%

1,000,000.00

30/11/11

1,000,000

ING DIRECT

Y

A1

01/12

TD

5.81%

1,000,000.00

30/11/11

1,000,000

ST GEORGE BANK

Y

AA-

02/12

TD

5.80%

1,000,000.00

30/11/11

2,000,000

NATIONAL AUSTRALIA BANK

Y

AA-

03/12

TD

5.99%

2,000,000.00

13/12/11

2,000,000

BANKWEST

Y

AA-

03/12

TD

6.00%

2,000,000.00

N/A

1,612,163

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

4.75%

1,612,162.62

Total

60,336,463

 

 

 

 

AVG

4.68%

58,505,039.56

 

Note 1.    CP = Capital protection on maturity

                 N = No Capital Protection

                 Y = Fully covered by Government Guarantee

                 P = Partial Government Guarantee of $1,000,000

 

Note 2.    Type               Description

   CR                Credit                     Principal varies based on valuation, interest payable via a floating interest rate that varies except for those capital protected investments that have

                                                        transferred to their capital protection mechanism

E                     Equity                      Principal varies based on valuation, interest payable                         via a floating interest rate that varies except for

                                                                    those capital protected investments that have

                                                                    transferred to their capital protection mechanism.

MFD                Managed Fund       Principal varies based on fund unit

                                     Price valuation, interest payable varies depending upon fund performance.

   TD                Term Deposit          Principal does not vary during investment term.  Interest payable is fixed at the rate invested for the investment term.

CALL               Call Account           Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance at the cash rate +0.50%

 

Note 3.       Floating rate notes and Term Deposits can be traded on a day-to-day basis, and therefore Council is not obliged to hold the investments to the maturity dates.  Managed funds operate in a similar manner to a normal bank account with amounts deposited or withdrawn on a daily basis. There is no maturity date for this type of investment.

 

Note 4.       The coupon on these investments is zero due to the Capital Protection mechanism working.  This occurs when the investment falls below a certain level.  This coupon may be paid again in the future as the market recovers.

 

Note 5.       The following investment included in the November 2011 table (above) is a CDO that matured in December 2011.

                       

                   PRELUDE EUROPE LTD

 

Financial Implications

 

The reduction of the current value of Council’s portfolio is a result of the downturn in global markets stemming from the global financial crisis. It should be noted that Council’s exposure to the credit/equity markets is supported by capital protection which ensures that the initial value of the investment is not reduced when held to maturity.  In downward cycles, the capital is protected by allocating the investment to an underlying bond.  If the investment is 100% allocated to this bond, no interest will be paid up to maturity.  This will impact negatively on Council’s interest earnings on investments.

 

Council’s investment strategy is to invest for the long term while maintaining sufficient liquid investments to meet short term requirements. It is important that this strategy is maintained to ensure that principal attached to credit/equity investments is recovered over time as maturity occurs or ‘switch’ opportunities to alternative investments present themselves.

 

Statutory and Policy Compliance Implications

 

In accordance with clause 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies Council has invested under section 625 of the Local Government Act 1993.

 

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported.  In this regard, the current Council Meeting cycle does not always allow this to occur, especially when the second meeting of a month is a Strategic Planning Meeting or when the meeting dates are brought forward.  Under normal circumstances it is not possible to present the investment report to the first Ordinary Meeting in the month, as investment valuations required for the preparation of the report, are often received after the deadline for the submission of reports for the meeting.

 

Council’s investments are carried out in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Ministers Order – Forms of Investment, last published in the Government Gazette on 11 February 2011.

 

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

 

 

 

 

Report No. 12.18.

Budget Review - 1 October to 31 December 2011

Executive Manager:   Corporate Management

File No:                        FIN451010 #1185717

                                      

Principal Activity:

 

Financial Services

Summary:

 

This report is prepared to comply with Clause 203 of the Local Government (General) Regulation 2005 and to inform Council and the Community of Council’s estimated financial position for the 2011/2012 financial year, reviewed as at 31 December 2011.

 

This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund.  The specific details of these proposed variations are included in Annexure 5(a) and 5(b) for Council’s consideration and authorisation. 

 

Annexure 5(c) contains the new Integrated Planning and Reporting Framework (IP&R) Quarterly Budget Review Statement (QBRS) as outlined by the Division of Local Government in circular 10-32.

 

 

RECOMMENDATION: 

 

1.   That Council authorise the itemised budget variations as shown in Annexure 5(b) (#1189041) which includes the following results in the 31 December 2011 Quarterly Review of the 2011/2012 Budget:

 

a)    General Fund - $33,000 increase in accumulated surplus

b)    Water Fund - $30,400 decrease in reserves

c)    Sewerage Fund - $310,150 increase in reserves

 

2.   That Council authorise the creation of the Structural Change reserve as outlined in the below report, initially funded by $100,000 from the Employee Leave Entitlement (ELE) reserve.

 

3.   That Council authorise the budget allocation of $13,600 to cover the costs incurred for the Sandhills’ review from the savings made within this review.

 

4.   That Council adopt the revised working fund surplus of $340,800 for the 2011/12 financial year.

 

 

Attachments:

 

·       Budget Variations for the General, Water and Sewer Funds #1189044 [72 pages]............... Annexure 5(a)

·       Itemised Listing of Budget Variations for the General, Water and Sewerage Funds
#1189041 [5 pages]........................................................................................................ Annexure 5(b)

·       New Integrated Planning and Reporting framework (IP&R) required Quarterly Budget
Review Statement (QBRS) components #
1189038 [17 pages]............................................ Annexure 5(c)

 

Report

 

Council adopted the 2011/2012 budget on 30 June 2011 via resolution 11-546.  It also considered and adopted the budget carryovers from the 2010/2011 financial year, to be incorporated into the 2011/2012 budget, at its Ordinary Meeting held 25 August 2011 via resolution 11-693.  Since that date, Council has reviewed the budget taking into consideration the 2010/11 Financial Statement results and progress through the first quarter of the 2011/2012 financial year in the September 2011 Quarter Budget Review.  This report considers the December 2011 Quarter Budget Review.

 

The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Annexure 5(a), with an itemised listing in Annexure 5(b).  This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Annexure 5(a) is also effectively a publication outlining a review of the budget intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.

 

Contained in the document at Annexure 5(a) is the following reporting hierarchy:

 

Consolidated Budget Cash Result

 

 

 


General Fund Cash Result     Water Fund Cash Result        Sewer Cash Result

 

 

 


Principal Activity                                 Principal Activity                                 Principal Activity

 

 

 


Operating Income       Operating Expenditure            Capital income            Capital Expenditure

 

 

The pages within Annexure 5(a) are presented (from left to right) by showing the original budget as adopted by Council on 30 June 2011 plus the adopted carryover budgets from 2010/2011 followed by the September review,  resolutions between September and December and the revote (or adjustment for this review) and then the revised position projected for 30 June 2012 as at 31 December 2011.

 

On the far right of the Principal Activity (pages 11 – 63 of 72), there is a column titled “Note”.  If this is populated by a number, it means that there has been an adjustment in the quarterly review.  This number then corresponds to the notes at the end of the Annexure 5(a) (pages 65 – 72 of 72) which provides and explanation of the variation.

 

There is also information detailing restricted assets (reserves) to show Council estimated balances as at 30 June 2012 for all Council’s reserves (pages 7 – 10 of 72).

 

A summary of Capital Works is also included by Fund and Principal Activity (page 64 of 72).

 

Division of Local Government Budget Review Guidelines:

 

The Division of Local Government on 10 December 2010, issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011.  This report includes for the second time a Quarterly Budget Review Statement (refer Annexure 5(c)) prepared by Council in accordance with the guidelines.

 

The Quarterly Budget Review Guidelines set a minimum standard of disclosure, with these standards being included in the Local Government Code of Accounting Practice and Financial Reporting as mandatory requirements for councils to address.  This is Council’s second attempt at preparing the Quarterly Budget Review Statement and as future quarterly budget reviews are undertaken the information provided will be further enhanced.

 

Since the introduction of the new planning and reporting framework for NSW Local Government, it is now a requirement for councils to provide the following components when submitting a Quarterly Budget Review Statement (QBRS):

 

·           A signed statement by the Responsible Accounting Officer on councils financial position at the end of the year based on the information in the QBRS

 

·           Budget review income and expenses statement in one of the following formats:

o          Consolidated

o          By fund (eg General, Water, Sewer)

o          By function, activity, program etc to align with the management plan/operational plan

 

·           Budget Review Capital Budget

 

·           Budget Review Cash and Investments Position

 

·           Budget Review Key performance indicators

 

·           Budget Review Contracts and Other Expenses

 

The above components are included in annexure 5(c):

 

Income and Expenditure Budget Review Statement by Type – This shows Councils income and Expenditure by type.  The original estimate in the far left column is reflective of pages 121 to 124 of the 2011-2014 Management Plan.  This has been split by Fund.  Adjustments are shown, looking from left to right.  These adjustments are commented on through pages 65 to 72 of Annexure 5(a).

 

Capital Budget Review Statement – This statement identifies in summary Council’s capital works program on a consolidated basis and then split by Fund.  It also identifies how the capital works program is funded. As this is the second quarterly review for the reporting period, the Statement may not necessarily indicate the total progress achieved on the delivery of the capital works program.  The December 2011 Quarterly Budget Review will give a better idea of how the capital works are tracking.

 

Cash and Investments Budget Review Statement This statement reconciles Council’s restricted funds (reserves) against available cash and investments.  Council has attempted to indicate an actual position as at 31 December 2011 of each reserve to show a total cash position of reserves with any difference between that position and total cash and investments held as available cash and investments.  It should be recognised that the figure is at a point in time and may vary greatly in future quarterly reviews pending on cash flow movements.

 

Key Performance Indicators (KPIs) Council is currently developing a series of KPIs to be built into the Long Term Financial Plan (LTFP currently under development).  At this stage, the KPIs within in this report are:

 

o          Debt Service Ratio - This assesses the impact of loan principal and interest repayments on the discretionary revenue of Council.

 

o          Rates and Annual Charges Outstanding Ratio – This assesses the impact of uncollected rates and annual charges on Councils liquidity and the adequacy of recovery efforts

o          Asset Renewals Ratio This assesses the rate at which assets are being renewed relative to the rate at which they are depreciating.

 

These may be expanded in future to accommodate any additional KPIs that Council may adopt to use in the Long Term Financial Plan (LTFP.)

 

Contracts and Other Expenses This report highlights any contracts Council entered into during the October to December quarter that are greater then $50,000.

 

CONSOLIDATED RESULT

 

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds budget movements for the 2011/2012 financial year projected to 30 June 2012 but revised as at 31 December 2011.

 

2011/2012 Budget Review Statement as at 31 December 2011

Original Estimate  1/7/2011

Adjustments to December including Previous Reviews

Proposed December Review Revotes including Resolutions

 

Revised Estimate 30/6/2012

Operating Revenue

58,926,500

118,500

22,000

59,067,000

Operating Expenditure

66,927,200

4,017,100

138,000

71,082,300

Operating Result – Surplus/Deficit

(8.000.700)

(3,898,600)

(116,000)

(12,015,300)

Add: Capital Revenue

6,433,200

1,354,500

0

7,787,700

Change in Net Assets

(1,567,500)

(2,544,100)

(116,000)

(4,227,600)

Add: Non Cash Expenses

13,397,800

3,098,200

0

16,496,000

Add: Non-Operating Funds Employed

1,351,600

0

(150,000)

1,201,600

Subtract: Funds Deployed for Non-Operating Purposes

(29,350,965)

(1,356,985)

323,250

(30,384,700)

Cash Surplus/(Deficit)

(16,169,065)

(802,885)

57,250

(16,914,700)

Restricted Funds – Increase / (Decrease)

(16,482,165)

(811,185)

24,250

(17,269,100)

Forecast Result for the Year – Surplus/(Deficit) – Working Funds

313,100

8,300

33,000

354,400

 

As the table above highlights, the forecast result for the year has improved by an estimated $33,000 during the review period including Council resolutions.  Results by General, Water and Sewerage Fund are provided below:

 

GENERAL FUND

 

In terms of the General Fund projected Accumulated Surplus (Working Funds) the following table provides a reconciliation to the estimated position as at 31 December 2011:

 

Opening Balance – 1 July 2011

320,700

Plus original budget movement and carryovers

313,100

Council Resolutions July – September Quarter

(30,000)

September Quarter Budget Review – increase / (decrease)

38,300

Council Resolutions October – December Quarter

0

December Quarter Budget Review – increase / (decrease)

33,000

Forecast Working Funds Result – Surplus/(Deficit) – 30 June 2012

354,400

Recommendations within this Report – increase / (decrease)

(13,600)

Estimated Working Funds Closing Balance – 30 June 2012

661,500

 

The General Fund financial position has improved by $33,000 (including budget movements and Council resolutions) in total as a result of this budget review. The various factors that have impacted on this result have been highlighted in the Annexure 5(a).

 

Council Resolutions

 

·                The were no resolutions that had an impact on the Accumulated Surplus (Working funds) during the October to December quarter for the General Fund.

 

Budget Adjustments

 

The budget adjustments identified in Annexure 5(a) and 5(b) for the General Fund have been summarised by division in the following table:

 

 

 

 

 

 

Division

Expenditure Increase/

(Decrease) $

Revenue Increase/

(Decrease) $

Accumulated Surplus (Working Funds) Increase/ (Decrease) $

General Managers Office

0

0

0

Organisational Support

0

0

0

Society and Culture

1,500

1,500

0

Corporate Management

27,000

39,000

12,000

Community Infrastructure

(513,900)

(515,900)

(2,000)

Environment and Land Use

15,000

38,000

23,000

Total Budget Movements

(497,400)

(464,400)

33,000

 

Budget Adjustment Comments

 

Within each of the Divisions of the General Fund, are a series of budget adjustments identified in detail at Annexure 5(a) and 5(b).  More detailed notes on these are provided in Annexure 5(a) from pages 65 to 72 of 72 but in summary the major additional items included are summarised below by Division and are included in the overall budget adjustments table above.

 

Society and Culture

 

Both revenue and expenditure have increased by $1,500.  This is due to a reduction of $5,000 for the International Day for Older People and an increase of $6,500 due to the purchase of a Free Wheeler Beach Access chair for Brunswick Heads.  Council resolved at their meeting of 8 December 2011 through Resolution 11-1001, point 3 “That Council investigate the following items:

a)      Storage facility of free wheeler beach wheelchair for Brunswick, consult with Surf Life Saving club;

b)      Explore the purchase of additional or new wheelchair.

 

It is anticipated the cost of the Free Wheeler Beach Access chair will be $4,230, with the remaining $2,270 to construct a storage area at the Brunswick Heads Community Centre.  This storage area would be enclosing a current paved area at the Community Centre.  From a compliance point of view, this conversion of space is permissible as long as the gate opens outwards and does not require a key from the inside.  Funding is available from the Community Development reserve.

 

Corporate Management

 

Within the Caravan Park program, capital works increased by $27,000.  These are funded through the Caravan Park reserve.

 

Within the Compliance Program an additional $12,000 in revenue has been added given the current level of Notices and Orders issued by the Compliance area.

 

Community Infrastructure

 

·                Within the Depot Services Program both revenue and expenditure has increased by $463,100.  This is due to a reduction of $200,000 in hire charges attributable to plant, offset by savings in plant expenditure.  An increase of $663,100 for the purchase of plant to reflect the 2011/12 program that was reported to Council as part of the 10 year plant replacements program. (Res 2011-646).  This is to be funded through the plant reserve.

 

·                Within the Local Roads and Drainage Program, the overall decrease in revenue and expenditure of $481,700 is primarily associated with the moving of the Rifle Range Road works ($500,000), funded through Section 94 from the 2011/12 to 2012/13 budget, and the increase of various storm water works ($18,300) funded through the storm water reserve.

 

·                Within the Open Space and Recreation Program, revenue and expenditure is decreasing by $34,200 and $32,200 respectively.  This relates to section 94 funded capital works that cannot be funded through this source.  The difference of $2,000 is attributable to the demolition of the Rotunda in Mullumbimby.  A separate report is on the agenda of 9th February 2012.

 

Environment and Land Use

 

·                Within the Development Assessment Program, revenue has increased by $47,000 mainly due to an increase in inspection fees

 

·                Within the Land and Natural Environment Program, both revenue and expenditure has increased by $15,000 respectively mainly due to grants being received for the Food Links Project, Mullum Harvest Parade, the Greenhouse Action strategy and the Emergency Action Sub plan projects.

 

·                Within the Certification and Customer Services Program, revenue has decreased by $24,000 due to a footpath dining fee income not going to meet the budget for the year.

 


Recommendations

 

Creation of a Structural Change Reserve

 

It is recommended that Council create a new reserve entitled Structural Change for the purpose of funding structural changes decided by Council as permitted under the Local Government Act.  It is proposed to cap this reserve at $300,000, initially funded through a $100,000 transfer from the Employee Leave Entitlement (ELE) reserve.  Subsequent allocations to this reserve would be through identified savings, including any that are reported pursuant to the quarterly financial reviews and consequently would build up over time.

 

Sandhill’s Review

 

The Strategic Planning Committee resolved under delegated authority on 26 May 2011:

11-427 Resolved (in part):

 

b)   “that during 2011/12 management investigate the feasibility of different models of delivery of early childhood education at the Sandhills Early Childhood Centre with a view to confirming the model adopted by Council for commencement by 2012/13 with funding for the feasibility assessment to be allocated as detailed in the report.”

 

The report (#1085765) noted on page 4 that the estimated cost of the feasibility investigation would be approximately $15,000 to be funded from General Fund savings identified in the report.  The actual cost of this report was $13,586.36.  It is recommended to fund the cost of this report from savings within this review.

 

WATER FUND

 

After completion of the 2010/2011 Financial Statements the Accumulated Surplus (Working Fund) balance for the Water Fund, as at 30 June 2011, is $1,529,538 with capital works reserves of $1,739,500.  It also held $8,569,400 in section 64 developer contributions at this time.

 

The estimated Water Fund reserve balances as at 30 June 2012, and forecast in this Quarter Budget Review, is derived as follows:

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2011

1,739,500

Plus original budget reserve movement

222,800

Less reserve funded carryovers from 2009/2010

(487,000)

Resolutions July -  September Quarter – increase / (decrease)

(615,000)

September Quarterly Review Adjustments – increase / (decrease)

(77,600)

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(30,400)

Forecast Reserve Movement for 2011/2012 – Increase / (Decrease)

(987,200)

Estimated Reserve Balance at 30 June 2012

752,300

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2011

$8,569,400

Plus original budget reserve movement

(490,000)

Less reserve funded carryovers from 2009/2010

(139,600)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

90,000

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2011/2012 – Increase / (Decrease)

(539,600)

Estimated Reserve Balance at 30 June 2012

8,029,800

 

Movements for Water Fund can be seen in Annexure 5(a), (pages 49 to 53 of 68) with a proposed estimated decrease to reserves (including S64 Contributions and unexpended loans) overall of $30,400 from this Quarter.

 

SEWERAGE FUND

 

After completion of the 2010/2011 Financial Statements the Accumulated Surplus (Working Fund) balance for the Sewer Fund, as at 30 June 2011, was $1,450,700 with capital works reserves of $632,400, plant reserve of $667,200 and lab reserve of $47,200. It also held $3,284,200 in section 64 developer contributions and $2,136,100 in unexpended loans.

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2011

$632,400

Plus original budget reserve movement

(54,200)

Less reserve funded carryovers from 2010/2011

(725,100)

Resolutions July -  September Quarter – increase / (decrease)

(641,600)

September Quarterly Review Adjustments – increase / (decrease)

(6,100)

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

300,150

Forecast Reserve Movement for 2011/2012 – Increase / (Decrease)

(1,126,850)

Estimated Reserve Balance at 30 June 2012

(494,450)

 

Plant Reserve

 

Opening Reserve Balance at 1 July 2011

$667,200

Plus original budget reserve movement

0

Less reserve funded carryovers from 2010/2011

0

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

0

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2011/2012 – Increase / (Decrease)

0

Estimated Reserve Balance at 30 June 2012

667,200

 

Lab Reserve

 

Opening Reserve Balance at 1 July 2011

$47,200

Plus original budget reserve movement

(47,600)

Less reserve funded carryovers from 2010/2011

0

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

0

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2011/2012 – Increase / (Decrease)

0

Estimated Reserve Balance at 30 June 2012

(400)

 


Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2011

$3,284,200

Plus original budget reserve movement

(429,000)

Less reserve funded carryovers from 2010/2011

(319,400)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

10,000

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

10,000

Forecast Reserve Movement for 2011/2012 – Increase / (Decrease)

728,400

Estimated Reserve Balance at 30 June 2012

2,555,800

 

Unexpended Loans

 

Opening Reserve Balance at 1 July 2011

$2,136,100

Plus original budget reserve movement

0

Less reserve funded carryovers from 2010/2011

(2,136,100)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

1,482,500

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2011/2012 – Increase / (Decrease)

(653,600)

Estimated Reserve Balance at 30 June 2012

1,482,500

 

Movements for the Sewerage Fund can be seen in Annexure 5(a), (pages 57 to 63 of 72) with a proposed estimated overall increase to reserves (including S64 Contributions and unexpended loans) of $310,150 from this review.  The Sewer capital works reserve is projected to be overdrawn by $494,450 in the 2011/12 financial year.  This will need to be closely monitored in subsequent budget reviews.  This forecast result will be dependent on the level of capital works actually carried out as the 2011/2012 financial year progresses.

 

Legal Expenses

 

One of the major financial concerns for Council over previous years was legal expenses. Not only does this item represent a drain on rate income, but it is also susceptible to large fluctuations. 

 

The table that follows indicates the allocated budget and actual legal expenditure within Council on a fund basis.

 

Total Legal Income and Expenditure as at 31 December 2011

 

 

Program

2011/2012

Budget ($)

 

Actual ($)

Percentage To Revised Budget

Income

 

 

 

Compliance

0

25,000

0%

Development Assessment

0

470

0%

Total Income

0

25,470

0%

 

 

 

 

Expenditure

 

 

 

General Managers Office

105,700

4,920

5%

Administrative Services

2,500

3,491

139%

Property Services

10,000

0

0%

Crown Property

1,000

0

0%

Council Caravan Parks

5,000

0

0%

Asset Management Services

1,500

0

0%

Development Assessment

555,500

19,433

3%

Building Certification

1,000

0

0%

Environmental Health Services

1,000

0

0%

Compliance Services

183,000

57,295

31%

Ranger Services

3,000

0

 

Community Planning

55,000

11,348

21%

Total Expenditure General Fund

924,200

96,487

10%

**Financial Services – S94

15,000

2,766

18%

**Sewerage Fund

30,000

0

0%

** These are restricted funds.

 

In addition to the above, however, there was a further $32,000 in legal costs billed but not paid at the end of December 2011, representing a further approximately 3% of total General Fund budget.

 

The current status of the Legal Services Reserve is shown below:

 

Legal Reserve

 

Opening Reserve Balance at 1 July 2011

$553,100

Less amount committed for Complaints investigations (Res 09-350)

(54,100)

Less Resolution 10-960

(420,000)

Forecast Reserve Movement for 2011/2012 – Increase / (Decrease)

(474,100)

Estimated Reserve Balance at 30 June 2012

$79,000

 

Because fluctuations in legal expenditure can happen from year to year, it is important to ensure that a legal reserve is maintained at a level that enables Council to manage these fluctuations.

 

Summary

 

The 31 December 2011 Budget Review of the 2011/2012 Budget has produced an estimated surplus result of $33,000. This result will increase the estimated accumulated surplus (working funds) position attributable to the General Fund by $33,000 from $642,100 to $675,100. This amount would be reduced $13,600 to $661,500 if Council adopts recommendation 3.

 

Statutory and Policy Compliance Implications

 

In accordance with Clause 203 of the Local Government (General) Regulation 2005 the Responsible Accounting Officer of a Council must:-

(1)     Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

 

(2)     A budget review statement must include or be accompanied by:

 

(a)     a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

(b)     if that position is unsatisfactory, recommendations for remedial action.

 

(3)     A budget review statement must also include any information required by the Code to be included in such a statement.

 

Statement by Responsible Accounting Officer

 

This report indicates that the short term financial position of the Council is satisfactory for 2011/2012, having consideration of the original estimate of income and expenditure at the 31 December 2011 Quarter Budget Review. 

 

This opinion is based on the estimated accumulated surplus (working funds) position and the anticipated improvement to that position by the current indicative budget surplus of $340,800 for 2011/2012 (including adjustment for adoption of recommendation 3.). 

 

That being said, the estimated Working Funds closing balance of $661,500  is still significantly below Council’s adopted target of $1,000,000 by an estimated $338,500 but an improvement on the position as at 30 June 2011.

 

 

 

Report No. 12.19.

Council Resolutions Review for the period October to December 2011

Executive Manager:   Corporate Management

File No:                        COR405520 #1177651

 

Principal Activity:

 

Administration

Summary:

 

This report provides an update on the status of Council resolutions outstanding and proposed actions, and on resolutions completed, for consideration by Council.

 

 

RECOMMENDATION:

 

1.       That Council receive and note the information provided in this report on outstanding Council resolutions.

 

2.       That Council note the completed resolutions in Annexure 4(b) (#1188926).

 

 

Attachments:

 

·       Summary Report on Council Resolutions – December 2011 Quarter #1188943 [1 page]....... Annexure 4(a)

·       Completed Resolutions – October to December 2011 #1188926 [64 pages]....................... Annexure 4(b)

·       Outstanding Council Resolutions status as at 31 December 2011 #1188936 [230 pages]..... Annexure 4(c)

 

Please note: Annexure 4(b) and 4(c) will be provided to Councillors on the Agenda CD and a hardcopy available in the Councillor’s Room.  The public may view these annexures online at www.byron.nsw.gov.au/meetings or at the Administration Centre.

 

Report

 

This report provides a quarterly update on the status of Council resolutions to 31 December 2011.

Council resolutions relate across all Principal Activities in Council’s Management Plan with responsible officers within Council providing input into this status report.

A summary status report is at Annexure 4(a).

 

·           211 outstanding resolutions balance from previous quarter

·           261 new resolutions created during the October to December 2011 quarter

·           148 resolutions completed during period 1 October to 31 December 2011

·           319 outstanding Council resolutions current Council (2008-2012)

·           5 outstanding Council resolutions from previous Council (2004-2008)

·           0 outstanding Council resolution from 1999-2004 Council

324 closing balance of outstanding resolutions as at 31 December 2011

 

Details of completed resolutions for the period 1 October to 31 December 2011 are provided at Annexure 4(b).


An update on the status of outstanding resolutions is provided at Annexure 4(c) which made up of:

·                previous Council 2004-Sept 2008 (pages 1 to 7 of Annexure 4(c))

·                current Council Oct 2008-2012 (pages 8 to 230 of Annexure 4(c))

 

Financial Implications

 

A number of resolutions note that resource constraints limit completion of action required. Council may consider the priority of the respective resolutions and whether further action is still required.

 

Statutory and Policy Compliance Implications

 

·                Council requires a quarterly report be prepared to allow it to consider the quarterly Management Plan and Budget reviews along with a review of Council resolutions.

·                Implementation of Council resolutions in accordance with the Local Government Act 1993.

 

 

 

Report No. 12.20.

Removal of Rotunda in Mullumbimby Reserve

Executive Manager:   Corporate Management

File No:                        BLD700000 #1168533

 

Principal Activity:

 

Environmental Services

Summary:

 

Homeless persons occupy the rotunda in Mullumbimby Reserve in Mullumbimby public park bound by Gordon, Tincogan and Dalley Streets Mullumbimby.

 

Over the last year or so, Council and Mullumbimby Police have received numerous complaints from the community objecting to people occupying and living in the rotunda. 

 

The issuing of penalties to homeless people who have no money and no formal residential address is not effective as an enforcement tool. When such individuals cannot pay the penalties, the courts will not take enforcement action. All that is achieved is making individuals angry and generating confrontations which may result in physical harm to individuals.

 

Despite the presence of the regulatory signs, enforcement of signposted restrictions by NSW Police or Council Rangers is not considered to be possible nor practicable.

 

Since September 2011 there have been a number of customer requests each demanding that Council should not allow this situation to continue.

 

The options considered before coming to the final recommendation were:

 

1.          Removal of all or part of the corrugated metal roof to make the structure uninhabitable, but keeping the remaining seating for public use. This option was unfunded, and was assessed to cause the deteriorated timber structure to become unstable and hasten the collapse of the structure.

2.          Fully enclosing the rotunda and it thereafter being locked to access after hours. The structure was assessed to be so poorly constructed so as to prevent the securing of the structure to exclude access after hours. The costs of such works were considered to be more than Council would fund for such a small community structure.

3.          Total demolition of the corrugated metal roof and timber walls and seats, and removal of the concrete slab. All waste material to be disposed of at the Myocum landfill site, and the site dressed and turfed.

 

 

RECOMMENDATION:

 

That Council authorise the immediate demolition and removal of the rotunda in the Mullumbimby Park and include a budget of $2,000 to undertake the required works in the December 2011 Quarterly Budget Review.

 

Attachments:

 

·       CONFIDENTIAL Customer Requests regarding the removal of the rotunda #1160024,
#1148860, #1129116, #1154691, #1154929, #1144566 [6 pages]........................................... Annexure 19

 

Report

 

The rotunda is a hexagonal sided hardwood timber structure with a corrugated metal roof located in a Council reserve adjoining the Civic Hall in Dalley Street Mullumbimby. Built on a concrete slab, each side of the rotunda is approximately 2.8 metres wide, and is generally open.

 

A public notice is displayed near the rotunda indicating that camping in the Park is prohibited under section 632 of the Local Government Act 1993.

 

Figure 1: Vacant rotunda at Tincogan Street Mullumbimby (25/1/2012)

 

In September 2011 Mullumbimby Police had cause to attend the rotunda and speak with the male occupants who had made the rotunda their temporary place of residence. The report from the Mullumbimby Police officers included graphic detail about the state of the structure, including waste and rubbish in and around the rotunda. As a result the police officers observations, a complaint was made to Council about the serious public health concerns. Council’s Environmental Services team was delegated to investigate and report to Manager Governance and the Executive Team.

 

A subsequent inspection of the rotunda on 19 September 2011 found a single male person living in the structure. The sides of the rotunda had been fully enclosed by fabric and a number of personal items were located within the structure, and around the outside of the rotunda. There was no kitchen, toilet, shower or washing facilities available. The area around the rotunda smelt, with the site in general, being observed as unsightly and unhealthy as a result of the occupation.

 

Figure 2: Rotunda occupied by individuals cause complaints to Council and Police

 

A review of the history of the construction and use of the rotunda was undertaken including a search of Councils’ records, a review of ‘heritage’ listed items, advice from the Brunswick Valley Historical Society, and discussions with elderly members of the Mullumbimby community. There was no information about when the rotunda was constructed, and whether the structure was associated with any special community purpose.

 

Over the last year or so, Council and Mullumbimby Police have received numerous complaints from the community objecting to people occupying and living in the rotunda. 

 

Police and Council Rangers concur that the issuing of penalties to homeless people who have no money, and no formal residential address is an effective enforcement tool. When such individuals cannot pay the penalties, the courts will not take enforcement action. All that is achieved is making individuals angry and generating confrontations which may result in physical harm to individuals.

 

Despite the presence of the regulatory signs, enforcement of signposted restrictions by NSW Police or Council Rangers is not considered to be possible nor practicable.

 

Since September 2011 there have been a number of customer requests each demanding that Council should not allow this unhealthy and unsightly situation to continue.

 

The complaints originated from a broad cross section of the Mullumbimby community. From the elderly residents concerned for their personal safety and their grand children using the Park, NSW Police, business owners such as the Mullumbimby Ex-Serviceman’s Club whose customers have to experience the intrusion of the unsightly structure and the inhabitants, members of the CWA who use the nearby hall and users of the Mullumbimby Civic Hall. See Confidential Annexure 19.

 

Many complainants alleged that they had raised the issue repeatedly with councillors over previous years, but were very upset that nothing has been done to rectify this unhealthy and illegal use of the public reserve.

 

Since the occupants were advised about complaints from the community the structure has been empty and unoccupied.

 

The options considered before coming to the final recommendation:

 

1.        Removal of all or part of the corrugated metal roof to make the structure uninhabitable, but keeping the remaining seating for public use. This option was unfunded, and was assessed to cause the deteriorated timber structure to become unstable and hasten the collapse of the structure.

2.        Fully enclosing the rotunda and it thereafter being locked to access after hours. The structure was assessed to be so poorly constructed so as to prevent the securing of the structure to exclude access after hours. The costs of such works were considered to be more than Council would fund for such a small community structure.

3.        Total demolition of the corrugated metal roof and timber walls and seats, and removal of the concrete slab. All waste material to be disposed of at the Myocum landfill site, and the site dressed and turfed.

 

Financial Implications

 

A quote from Council staff advises that the cost of demolishing the rotunda and depositing the waste at Myocum Landfill depot would be at least $2,000. No budget currently exists for this work but it is proposed to include provision of $2,000 in the December 2011 Quarterly Budget Review.

 

In addition, some complainants requested that after the rotunda is demolished, that Council should erect a children’s playground on the park. The estimated cost of the most basic children’s play equipment ($10,000+), a ‘soft fall’ area ($4,000), surrounding fence ($3,000) and shade structure over the equipment ($5,000) places this request at a minimum value of $22,000. No budget exists for this work. The close proximity to Tincogan Street is the reason that a barrier fence would be required if the site was used for a children’s playground.

 

Statutory and Policy Compliance Implications

 

The rotunda is in a poor structural condition which has not been enhanced by the occupation by transient individuals.

 

The current situation is that nobody is occupying the rotunda, and on this basis no assessment has been made of any costs to relocate ‘homeless’ individuals.

 

In any event Councils’ Homelessness Policy (08/106) includes advice that “primarily homelessness is a result of ineffective macro economic, housing and social policies that are the responsibility of State and Commonwealth governments”. The Rotunda as a structure is not considered as being “safe, secure and appropriate” and is not therefore an appropriate place for consideration within the ambit of the Policy.

 

It is at the request of members of the Mullumbimby community that the rotunda be demolished to prevent individuals drinking, fighting, disturbing the neighbours, threatening children and causing a general public health and safety hazard.

 

The community would like council to replace the rotunda structure with purpose-built children’s play equipment.

 

 

 

ENVIRONMENT AND PLANNING – EXECUTIVE MANAGER’S REPORTS

 

Report No. 12.21.

Byron Shire Greenhouse Emission and Energy Consumption Status Report - 2010/11 Period

Executive Manager:   Environment and Planning

File No:                        PLN657900 #1186651

 

Principal Activity:

 

Environment and Planning

Summary:

 

This report provides Council with an update of Council’s energy and greenhouse performance in relation to Council’s adopted greenhouse reduction target.

 

 

RECOMMENDATION:

 

That Council note the Byron Shire Corporate Greenhouse Emission and Energy Consumption Status Report 2010/11 (Annexure 26, #1075732).

 

 

Attachments:

 

·       Byron Shire Corporate Greenhouse Emission and Energy Consumption Status
Report 2010/11
#1075732 [7 pages]................................................................................... Annexure 26


Report

 

At the Ordinary Meeting of Council on 10/2/11 Council resolved:

 

11-11:

 

1.       That Council develop a Corporate Greenhouse Emission and Energy Consumption Reporting process that will be reported to Council’s Executive Team, staff and Councillors on a biannual basis.

2.       That Council adopt a revised corporate greenhouse emission reduction target of a minimum 30% reduction in greenhouse gases below 2003/04 levels by 2020.

3.       That Staff report back to the Committee on initiatives to reduce fuel consumption and energy use and consider the long term management of Council owned buildings to reduce the need for air-conditioning.

4.       That each division of Council develop long term sustainability goals and targets to
recognise investment in sustainability, including energy consumption and reductions, over a 20 year period, to inform decision making.

 

This report replates to part 1 of the above resolution.  Accordingly, Council’s Sustainability Officer has prepared a ‘2010/11 Byron Shire Corporate Greenhouse Emission and Energy Consumption Status Report’ (Annexure 26).  This report was presented to Council’s Executive Team on 20/09/11 and has been summarised below.

 

1.  Greenhouse Performance:
Council has adopted a revised corporate greenhouse emission reduction target of: a minimum 30% reduction in CO2 emissions below 03/04 levels by 2020 (Res. 11-11). This equates to a minimum target of 5,167 tonnes of CO2e by 2020.


During the 2010/11 period, Council produced 7,388 tonnes of CO2e. This represents a negligible change compared to the previous year, but is significantly higher than the 2010/11 projected target of 6,422 tonnes of CO2e required to meet Council’s 2020 corporate emissions target. Graphs 1 and 2 (below) show that whilst emissions have stabilised over the 2010/11 period, Council is not on target to achieve its adopted corporate emissions target by 2020.

Graph 1. Byron Shire Corporate Emissions Tracking Graph    

Graph 2. Byron Shire Corporate Emissions Profile

 

 

2. Energy Performance:
While corporate electricity consumption and greenhouse emissions appear to have stabilised, energy costs have significantly increased (by approx. $37,000) over the 10/11 period (excluding street lighting), due to increases in the cost per unit of electricity (Graph 3).

Graph 3. Byron Shire Corporate Emissions Tracking Graph (excludes street lighting)
* 1 Gigajoule (GJ) = 277.7 KWh

 

3. Anomalies Reporting:

To build a more systematic and accountable approach to monitoring Council’s corporate energy consumption, each Council facility has been assigned by Division. In instances where a significant change in energy consumption has occurred within a reporting period (compared to the same quarter in the previous year), the anomaly has been documented and provided to the responsible EM for review and explanation to increase the efficiency of Council operations.

 

The last review of anomaly accounts was conducted in September 2011 and sought the following commentary for accounts denoting >25% increase in energy consumption (Table 1).

 

 

Table 1 – Anomaly Accounts for Investigation

Accounts showing significant increase in consumption compared to the same quarter in previous year.

Period: April - June 2011

Responsibility

Account Name

Meter No.

% increase

kWh increase

Explanation?

Action? (if any)

Water and Recycling

SEWERAGE PUMP STATION, KIAH CLOSE

NFFFAA12975

37%

11,595

No response received

 

Water and Recycling

OLD PACIFIC HWY , BRUNSWICK HEADS, (TREATMENT PLANT)

46003680

1,387%

4,383

No response received

 

Water and Recycling

SEWERAGE PUMP STATION, ANN STREET

44071804110

33%

1,336

No response received

 

Water and Recycling

SEWERAGE PUMP STATION, SUFFOLK PARK CARAVAN PARK

44071856935

329%

1,244

No response received

 

Community Infrastructure

SOCCER GROUND, BRUNSWICK HEADS

44071862783

25%

319

Previous account was for 69 days period versus 91 days. Daily average consumption rose from 15.12 kWh to 17.42 kWh (approx 15% increase)

No action required

 

4. Abatement Action Recorder:

 

The following emission abatement actions have been documented as contributing towards Council’s 2020 corporate emissions target (Table 2).

 

Table 2 – Abatement Actions

Abatement Action

Action Date

Annual Energy Saving

Annual Dollar Saving

Annual Co2

Saving

Payback Period

Lighting efficiency retrofit of Council admin centre

March 2011

53 MWh

$14,000

57 tonnes

3.5 years

5kw solar system install at Brunswick Valley Community Centre

September

2010

7.7 MWh

$4,600

7.5 tonnes

5 years

10kw solar system install at Myocum Landfill

June 2011

15 MWh

$9,000

16 tonnes

6 years

Solar hot water retrofit of community buildings (5 systems), incl. Ocean Shores, Brunswick Valley & Suffolk Park Community Centre, Mullum Neighbourhood Centre and Depot.

September 2011

(7 - 48 kWh x 5)

137 kWh

($160 - $1,000 x 5) $2,900

(1 - 5 tonnes x 5) up to 15 tonnes

8 years

Streetlight upgrade

December 2011

387 MWh

$126,000

410 tonnes

1 year

 

Financial Implications

 

No costs identified as a direct result of this report. However, the report suggests greater investment in energy mitigation initiatives is required.

 

Statutory and Policy Compliance Implications

 

The report indicates that Council is not on-track to meet its adopted greenhouse reduction target, as per Res 11-11. Furthermore, over the 2011/12 period, Councils emissions are expected to increase with the operation of the Byron Regional Sporting Complex and Valances Road Sewerage Treatment Plant.

 

 

 

Report No. 12.22.

Evaluation of Trial Beach Scraping Episode, New Brighton Beach

Executive Manager:   Environment and Planning

File No:                        PLN360100 #1173715

 

Principal Activity:

 

Environment and Planning

Summary:

 

This report analyses the biological and physical impacts, cost and logistical issues associated with the Trial Beach Scraping Episode, New Brighton Beach and makes subsequent recommendations regarding a future beach scraping program at this location. The trial commenced in the latter half of 2010 and was conducted under the Natural Disaster Resilience Program with funding from the State and Commonwealth Government as well as Council.

 

 

RECOMMENDATION:

 

1.       That Council note that, overall, the Trial Beach Scraping Episode at New Brighton Beach reduced coastal hazard threat by increasing dune volume and resulted in minimal environmental harm, but that the works were not sufficient to fully offset coastal hazards and /or future climate change and that such works are unlikely to be a long term coastal management solution at this location.

 

2.       That Council commences the implementation of a beach scraping program at New   Brighton in 2013/2014 to attempt to maintain, in the short term, a preferred dune profile, volume, beach accessibility and recreational amenity; noting that:

 

a)      the proposed program will not remove the immediate coastline hazard threat to infrastructure and private property from a design storm event (100 year ARI), but is likely to modestly reduce the severity of this threat;

 

b)      adequate funding arrangements need to be established, as such a further report is to be tabled for Council’s consideration, by no later than October 2012, canvassing options for funding the program including the option to apply for a special rate increase;

 

c)      prior to the implementation of any scraping works, it needs to be established that appropriate physical conditions are met;

 

d)      each beach scraping episode is to be accompanied by a scientifically robust physical monitoring program, similar to that implemented during the Trial Beach Scraping Episode at New Brighton; and

 

e)      an adaptive management approach is to underpin the program, and will be used to inform the ongoing viability of the works as well as other issues such as the scheduling of works and amount of sand to be scraped each episode.

 

 

Attachments:

 

·       The Effects of Beach Scraping on the Infauna of New Brighton Beach, Northern NSW
#1159025 [35 pages]..................................................................................................... Annexure 36(a)

·       New Brighton Beach Scraping Trial: Analysis of Dune and Beach Profile Data
#1187097 [83 pages]..................................................................................................... Annexure 36(b)


 

Report

 

Background

 

At the Ordinary Council meeting of 17 December 2009, Council resolved:

 

09-1159 Resolved:

 

1.   That Council note the attached technical report “Development of a Proposal and Environmental Assessment of Beach Scraping – New Brighton and South Golden Beach” [Annexure 5(a) #914162].

 

2.   That Council resolve to further the progression of a trial beach scraping episode for the New Brighton Beach compartment (and note that Council has previously undertaken this work with a degree of success in the past) as proposed in Section 12.9 of Annexure 5(a) by:

 

a)    Undertaking Significance Assessments in accordance with Table 6.1 in Appendix A of Annexure 5(a), to be funded under existing Coastal and Estuary budget (#2606.012).

 

b)    Seeking relevant state government approvals for beach scraping works at New Brighton and South Golden Beaches as per Section 1.3 in Appendix A of Annexure 5(a) by:

 

i.     Developing and lodging a Preliminary Project Application report for submission to the Minister for Planning to decide whether the project would be assessed under Part 3A of the Environmental Planning and Assessment Act, 1979.

 

ii.     Subject to the advice of the Minister for Planning, that Council proceed with seeking relevant approvals for the undertaking of beach scraping works.

 

3.   That subject to completing relevant environmental assessments and gaining approvals for beach scraping works, Council resolve to consider a report on the findings of the required environmental assessment(s) and status of approvals for undertaking beach scraping.

 

4.   That Council consider allocating the full funding for a trial beach scraping episode at New Brighton Beach of $130,800 from the 2010/11 budget, with a funding application to DECCW Coastal Program to recover half the costs, in accordance with the recommendation under Section 12.9 of Annexure 5(a).

 

  1. That Council provide a report on the potential for cost sharing for the beach scraping strategy.

 

  1. That Council receive further information on the historical reports on beach scraping and evidence of positive or negative impacts.

 

At the Ordinary Meeting of 8 April 2010, Council resolved:

 

10-203 Resolved:

 

1.   That Council endorse staff to prepare and lodge a funding application with the NSW Natural Disaster Resilience Grants Scheme by 16 April 2010 to seek funding to undertake a trial beach scraping episode at New Brighton Beach in accordance with Resolution 09-1159 and Section 12.9 of the technical report “Development of a Proposal and Environmental assessment of Beach Scraping – New Brighton and South Golden Beach”, as previously reported to Council.

 

2.   That in progressing towards a trial beach scraping episode for New Brighton Beach in accordance with resolution 09-1159, staff provide a report to Council prior to June 2010 on the approval status of the proposed beach scraping activity in accordance with Part 3 of Resolution 09-1159, so that Council may withdraw or maintain its funding application with NDRGS under consideration of the approval status and/or other project complexities.

 

3.   That subject to the success of the funding application lodged in accordance with Part 1 above, and completion of Part 2 above, Council allocate their required 1/3rd funding of $43,600 from the 2010/11 Local Growth Management Strategy budget (job no. 2605.062) to undertake the trial beach scraping project.

 

4.   That should Council be unsuccessful in its funding application to the Natural Disaster Resilience Grants Scheme, Council continue to seek funding through any other relevant state or federal funding programs in accordance with Resolution 09-1159.

 

On 12 August 2010, Council resolved:

 

10-612 Resolved:

 

1.   That Council note the Summary Report (Annexure 14) and endorse the Review of Environmental Factors [Appendix C, Annexure 14 #990879].

 

2.   That Council proceed with undertaking a trial beach scraping episode at New Brighton Beach subject to Council receiving by the 12 August 2010:

 

a)    final approval from NSW Department of Industry and Investment.

b)    offer of funding from the Natural Disaster Resilience Grants Scheme (NDRGS).

 

3    That if Council is successful with the NDRGS funding application, Council allocate an additional $29,700 from the 2010/11 Local Growth Management Strategy Budget (job no. 2605.062), in addition to $43,600 allocated in accordance with resolution 10-203 Part 3 (subject to success of NDGRS funding) for the trial beach scraping episode at New Brighton Beach.

 

4.   That subject to Part 1, 2 and 3 above, Council implement the trial beach scraping episode at New Brighton Beach as per Table 3 of this report [further described in Annexure 14] and as itemised as follows:

 

a)    Implement the biological monitoring program.

b)    Inform community of works via media release and notices.

c)    Engage ecologist to undertake daily inspections of works site to assess presence/absence of bird and/or turtle species.

d)    Engage coastal engineer to supervise first 2 days of scraping.

e)    Scrape the designated work site to a depth of approximately 0.2m to place approximately 8m3/m to 16m3/m of sand against the erosion escarpment at New Brighton Beach.

f)     Implement the physical survey program to assess dune volume change and beach profile change and response.

g)    Implement dune rehabilitation     

 

5.   That trial beach scraping works do not proceed beyond 30 September 2010 under recognition of potential for impact to migratory species.

 

6.   That Council receive a further report following any trial beach scraping episode at New Brighton Beach, analysing the biological and physical impacts, and the cost and logistic issues associated with the works.

 

In accordance with resolution 09-1159 (Part 5) and resolution 10-612 (Part 6), this report provides a summary of the biological and physical impacts, cost and logistic issues, including the potential for cost-sharing arrangements to fund any future works, associated with the Trial Beach Scraping Episode at New Brighton Beach.

 

Project Summary

 

In accordance with resolution 10-612, Council implemented the ‘Trial Beach Scraping Episode at New Brighton Beach, Byron Shire NSW’ in the latter half of 2010. This trial was conducted under the Natural Disaster Resilience Grants Scheme (through Emergency Management NSW) with funding from the State and Commonwealth Government ($87,200) as well as Council ($73,300, however Council’s funding contribution was $43,600 as per funding agreement).

 

As reported to Council on 12 August 2010 (Report No. 12.16.), the objectives of the trial were to:

1.       Reduce the severity of the immediate coastline hazard threat to infrastructure (roads and services) and private property along New Brighton Beach.

2.       Provide data to allow analysis to determine the impacts (positive and negative) of beach scraping so that Council may consider the viability of beach scraping over the short to medium term.

 

Noting that the proposed trial beach scraping would not remove the immediate coastline hazard threat to infrastructure and private property at New Brighton Beach, but is likely to modestly reduce the severity of this threat.

 

The trial involved seven components which are outlined in Table 1. (The rationale for each of these project components was reported to Council on 12 August 2010 (Report No. 12.16).

 

Table 1 Summary of the main components of the Trial Beach Scraping Episode

#

Component

Description

1.

Beach scraping Works

 

During September 2010, 12-16m3/m of sand was mechanically removed from between the high and low water mark (intertidal zone) of New Brighton Beach and deposited on the crest and seaward face of the foredune. Scrape depth was generally in the order of 0.2 - 0.3m (acknowledging normal operator inconsistency). The works took place over a 1.3km stretch of the beach.

2.

Coastal engineer supervision

 

In the early stages of the scraping works, a coastal engineer was engaged to supervise scrape depth, placement technique and scraped volume; ensuring the works followed the agreed methodology and best practice.

3.

Ecological supervision

 

During the scraping works, an ecologist was engaged to undertake beach inspections, monitor for the presence of threatened fauna and other significant ecological values, and recommend adaptive management strategies to minimise any potential impacts.

4.

Approvals process and community consultation

 

Further details on approvals in the ‘Statutory and Policy Compliance Implications’ section

 

Prior to the works, notices were placed at New Brighton General Store and South Golden Beach General Store, media releases were distributed before (20/08/10), during (03/09/10) and after the on-ground works (23/12/10).

 

As part of Dunecare week, the Coastal and Estuary Officer delivered a presentation on the beach scraping works (07/12/10).

5.

Biological monitoring and evaluation of the effect of the works on beach infauna

 

The National Marine Science Centre (Southern Cross University) was commissioned to monitor and report on the impact of the scraping works on the biodiversity and abundance of beach infauna (specifically on the macrofauna inhabiting the beach matrix of the intertidal region).

6.

Physical beach monitoring and analysis of the effect of the works on dune and beach profile and volume

 

Council staff conducted regular surveys of the beach and dune profile at New Brighton, before and after the scraping works. The Water Research Laboratory (University of New South Wales) was commissioned to analyse and evaluate the survey data with respect to the objectives of the scraping works.

7.

Dune rehabilitation works

a)             beach accesses

 

 

 

b)             revegetation

 

 

Eight beach accesses were re-shaped, stabilised and formalised by Council’s outdoor staff (re-shaped, fenced with post and wire and shadecloth).

 

The scraped foredune was re-vegetated by an EnviTE team and a private contractor, with some volunteer involvement. Re-vegetation methods involved planting native coastal species using locally sourced seed and cuttings.

 

Logistical issues and considerations

 

The logistical issues encountered and lessons learnt during the beach scraping trial are detailed in Table 2 below, which also details recommendations for consideration should Council determine to implement a beach scraping program in the future. This analysis excludes financial issues as they are detailed in the ‘Financial Implications’ section.

 

Table 2 Logistical issues encountered, lessons learnt and recommendations

#

Logistical Issue

Lessons learnt

Recommendation for any future works

1.

Seasonal factors and timing of works