Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 22 June 2017

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

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.

 

 

 

Ken Gainger

General Manager

 


CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§  A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§  The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§  It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§  Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§  Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under Division 2A of Part 6 of that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

5.    Tabling of Pecuniary Interest Returns (s450A Local Government Act 1993)

6.    Adoption of Minutes from Previous Meetings

6.1       Byron Shire Reserve Trust Committee held on 25 May 2017

6.2       Ordinary Meeting held on 25 May 2017

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       National Housing Conference 2017.................................................................................. 6

9.2       Byron Bay Bypass............................................................................................................. 8

10.  Petitions

10.1     Flood Mitigation and Response....................................................................................... 13

11.  Submissions and Grants

11.1     Byron Shire Council Current Grants and Submissions as at 31 May 2017.................... 20

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Competitive Grant Funding............................................................................................. 23

13.2     Mullumbimby Hospital Site Acquisition........................................................................... 33

13.3     Research Report - Towards smoke-free and litter-free beaches in the Byron Shire..... 35

Corporate and Community Services

13.4     Council Resolutions Quarterly Review - 1 January 2017 to 31 March 2017................. 37

13.5     Adoption of the Community Strategic Plan 2027, Delivery Program 2017-2021 and Operational Plan 2017-2018 (including Statement of Revenue Policy, Budget, Fees and Charges)........ 41

13.6     Sub-lease to Mullumbimby and District Neighbourhood Centre..................................... 69

13.7     Sub-lease to the Byron Youth Service............................................................................ 72

13.8     Mayor and Councillor Fees 2017/2018........................................................................... 75

13.9     Public Art Panel - minutes of meetings held in March and May 2017............................ 78

13.10   Council Investments May 2017....................................................................................... 81

13.11   Review of Council Investment Policy............................................................................. 88

13.12   Making of the 2017/2018 Ordinary Rates and Charges................................................. 92

13.13   2017/2018 Special Rate Variation Outcome................................................................... 99

13.14   Related Party Disclosures............................................................................................. 105

Sustainable Environment and Economy

13.15   PLANNING - 10.2016.663.1 Dual Occupancy (detached) swimming pool, strata subdivision 2 lots and tree removal 9 Trees at Granuaille Crescent Bangalow ....................................... 108

13.16   Byron Affordable Housing Summit Issues Action Plan................................................ 125

13.17   Short Term Rental Accommodation - Enforcement Options ...................................... 130

13.18   Road Airspace Policy review........................................................................................ 138

13.19   PLANNING - 26.2016.3.1 Reclassification of Council owned land - Manfred St, Belongil 141

13.20   PLANNING - Proposed Amendments to Development Control Plan 2014 - E5.5 Bayshore Village....................................................................................................................................... 146

13.21   Council Nominations for the Joint Regional Planning Panel......................................... 150

13.22   Peer Review of Draft West Byron DCP ...................................................................... 153

Infrastructure Services

13.23   Bangalow Parking Strategy........................................................................................... 160

13.24   Former South Byron STP - Options for Redevelopment............................................. 170

13.25   Out of Session Local Traffic Committee - Byron Bay to Ballina Coastal Charity Walk for Westpac Rescue Helicopter......................................................................................................... 177

13.26   A Further Report on Remediation of Dip Site at Lot 2 DP 747876 Bangalow.............. 180

13.27   Proposed Smart Drum Lines - Byron Bay.................................................................... 182

13.28   Lot 16 Dingo Lane Myocum Sale.................................................................................. 188

13.29   Draft Plan of Management - The Cavanbah Centre.................................................... 192

13.30   Byron Bay Urban Recycled Water Connection Policy................................................. 195

Organisation Development

13.31   Supporting Partnerships Policy..................................................................................... 197   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Internal Audit Advisory Committee Meeting held on 18 May 2017........ 200

14.2     Report of the Finance Advisory Committee Meeting held on 18 May 2017................ 204

Infrastructure Services

14.3     Report of the Transport and Infrastructure Advisory Committee Meeting held on 18 May 2017 207

14.4     Report of the Water, Waste and Sewer Advisory Committee Meeting held on 1 June 2017       210   

15Questions With Notice

15.1     Flood Response in Byron Shire .................................................................................... 213

15.2     Sewerage ..................................................................................................................... 215

15.3     NSW Crown Holiday Parks Trust ................................................................................ 216   

 

16.  Confidential Reports

General Manager

16.1     Confidential - Senior Staff Positions..................................................................... 217

Corporate and Community Services

16.2     Confidential - Tender for Internal Audit, Risk and Improvement Services Contract 219

Infrastructure Services

16.3     Confidential - Tender 2016-0018 Architectural Design of Mixed-use Building - 10 Lawson Street Redevelopment............................................................................................................. 221  

 

 

 

 

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

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     National Housing Conference 2017

File No:                                  I2017/787

 

  

 

I move:

 

That Cr. Paul Spooner attend the National Housing Conference 2017 as a Council representative to be held from 29 November to 1 December at the International Convention Centre, Sydney.

 

 

 

 

 

Signed:   Cr Paul Spooner

 

Councillor’s supporting information:

 

Information on this conference states:

 

“We invite you to join us in Sydney for the 10th National Housing Conference – the largest social and affordable housing event in Australasia. Whatever your interest in the housing industry and whatever your preferred style of conference participation, NHC 2017 in Sydney is an exceptional, multi-faceted forum for the housing industry.

For 18 years, AHURI, in partnership with a host state government has convened the biennial conference providing a forum for the best minds, the most experienced practitioners and the leading policy makers from Australia and abroad to come together to further progress the biggest issues facing the sector.

We call on everyone with an interest in the delivery of affordable housing to join us in Sydney – policy makers, housing practitioners, homelessness and housing providers, advocacy organisations, peak industry bodies, financiers, legal professionals, planners, builders, developers, researchers and other interested groups must be part of this important national conversation.

With Sydney as the destination and NSW leading the way in social housing policy reform, NHC 2017 will be our biggest conference ever. It will provide the opportunity to form meaningful connections and expand the network to help build for better lives.”

Full information regarding the conference is available at: http://www.nhc.edu.au/

 

 

 

Staff comments by Mark Arnold, Director Corporate and Community Services

(Management Comments must not include formatted recommendations – resolution 11-979)

 

The National Housing Conference 2017 will be held at the International Convention Centre, Sydney, NSW, from 29 November – 1 December 2017.

 

In accordance with Council’s Policy 14/010 Mayor and Councillors Payment of Expenses and Provision of Facilities, clause 8.4.1states:  “A resolution of Council is required to authorise attendance of Councillors at (d) Any other discretionary conference, seminar or training.

 

 

Financial/Resource/Legal Implications:

 

Council has an allocation for conferences of $19,400 within the 2017/18 budget (2145.004). At this stage there are no committed costs against this budget allocation.

 

Where:                     International Convention Centre, Sydney, NSW

 

Dates:                       Wednesday 29 November - Friday 1 December 2017

Costs:                       Registration Fee (early bird due 31 July)     $1,310.00

                                 Flights (approx)                                               $300.00

                                 Conference Functions  (approx)                     $150.00

Accommodation  (approx)                              $800.00

 

Total                                                            $2,560.00

 

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes.

 

EN2.1.2 - Establish planning for and provision of inclusive and accessible housing that can meet the needs of our community.

 

 

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Byron Bay Bypass

File No:                                  I2017/788

 

  

 

I move:

 

1.       That Council

 

a)      Provide an updated estimate for the full construction costs of the proposed Byron Bay bypass;

b)      Provide an estimate for the full construction costs of a roadway within the rail corridor from Lawson Street to Browning Street Byron Bay; and

c)      Identify the available sources of funds to construct the Byron Bay bypass.

 

 

Attachments:

 

1        Letter from Min Transport regarding Casino to Murwillumbah rail line dated 19 Dec 2014, E2017/61876

2        Letter from Parliamentary Sec for Transport and Infrastructure dated 1 June 2017, E2017/61934

 

 

Signed:   Cr Paul Spooner

 

Councillor’s supporting information:

 

Tamara Smith MP received a letter on 1 June 2017 (see attached) written on behalf of the NSW Minister for Transport and Infrastructure that stated the following:

 

“…if Byron Shire Council, the relevant road authority, wishes to propose the construction of a road within a specific section of the rail corridor in the vicinity of Byron Bay, the NSW Government would be happy to consider its proposal in further detail.

 

This letter provides confirmation from the NSW Government that the unused rail corridor within Byron Bay could be used as a roadway.

 

It would seem both prudent and financially sensible for Council to be fully informed of the relevant costs associated with the two viable options now possible for constructing a bypass around the Byron Bay CBD.

 

This motion will inform Council of both the costs and budget available to proceed with the construction of the Byron Bay bypass.

 

Staff comments by Executive Team members in collaboration

(Management Comments must not include formatted recommendations – resolution 11-979)

 

Responses to parts (a) and (c) of the motion can be addressed as follows:

 

a.   Current estimate for the bypass built on the Butler Street alignment is $20M.

 

c.   Available funding sources at this time are $10.5M funding from the Roads and    

Maritime Services, and $4M collected to date in Section 94 Developer Contributions specifically for the bypass. Approximately $2M of these funds have already been spent in preparing the EIS, BioBanking Statement and detailed design. A further $450K has been spent defending the Land and Environment Court legal challenge instigated by the Butler Street Community Network (BSCN). In order for the full bypass project to proceed the shortfall in funding would have to be addressed and would have to be sourced from either the State or Federal governments.

 

With respect to part b. of the motion the following information is put forward:

 

·    Transport for NSW (TfNSW) has consistently advised Council that a roadway within the rail corridor is not viable if the rail infrastructure is to be retained.

 

The previous member for Ballina, the Honourable Don Page, sought advice from the General Manager, Country Rail Contracts, TfNSW, Mr Terry Brady on 3 September 2014.

 

The advice from TfNSW was that the corridor was unlikely to be wide enough for the existing operational rail track, a two lane road with associated infrastructure and the proposed rail Trail.

 

Mr Brady confirmed his advice on 11 November 2014 regarding the feasibility of the rail corridor to accommodate the combined needs of the necessary buffer for any return of trains, a rail trail and the proposed bypass and associated infrastructure to Mr Brady advised that the option for the return of rail services was not closed and as such any proposal associated with the rail corridor needed to consider the buffer requirement of operational trains.

 

This advice was supported by the then NSW Minister for Transport, Gladys Berejiklian, who provided a letter to Council on 19 December 2014 that advised the rail corridor was not suitable for multimodal transport use. See attachment 1.

 

The letter quoted by Cr Spooner in his motion from TfNSW to the Honourable Tamara Smith reiterates this advice I am advised the Casino to Murwillumbah rail corridor is not wide enough to support multi-modal transport”. See Attachment 2.

 

The request made by Ms Smith was to “update a letter that you sent as Minister for Transport in 2014 or ask the current Minister for Transport to do so”. The update confirmed what had previously been advised.

 

·    To construct a roadway within the rail corridor would:

 

require an Act of Parliament to de-classify the land as a railway corridor. See section 99A of the Transport Administration Act 1988.

 

99A(1)  A rail infrastructure owner must not, unless authorised by an Act of Parliament or an order under subsection (1A) (which refers to the Greater Metropolitan Region) close a railway line.

 

99A(2)  For the purposes of this section, a railway line is closed if the land concerned is sold or otherwise disposed of or the railway tracks and other works concerned are removed.

 

Until a rail line is closed, and even if not operational, it is managed under relevant legislation pertaining to the rail network.

 

create heritage impacts associated with works within the Railway Precinct Conservation Area. As to this, the Land and Environment Court in its 2 June 2017 judgement said:

 

“According to Mr Staas (Heritage Expert), locating the bypass road on the rail corridor instead of joining the existing Butler Street would be a worse outcome in terms of the impact on the heritage significance of the State listed Railway Station and yard group heritage item, as such a proposal would have a major impact on the setting of those heritage items… I accept Mr Staas’ evidence that the alternative route through the centre of the Byron Bay Railway Station and yard precinct would potentially have a significant impact on the setting of the State listed heritage item”.

 

create impacts on the 6 residential properties on the eastern side of Butler Street which would be more difficult to manage than those impacts associated with the presently approved route.

 

require clearing of an additional 0.8 ha of native vegetation which includes SEPP14 Wetland, comprising Coastal Swamp forest heavily dominated with Paperbark trees.

 

The JRPP Assessment Report included consideration of vegetation impacts in the context of the options available. It said :

 

“(the Grab the Rail route) would also require clearing of additional native vegetation within the Railway Corridor within the Byron Bay Railway Yard precinct and east of the dwellings in Butler Street. Council mapping shows this to be predominantly Coastal Swamp Forest with a small area of Coastal Dune Dry Sclerophyll Forest near the Water Tower. It is estimated that the additional clearing would be more than half a hectare compared to using the existing formed Butler Street.”

 

·    It is anticipated that construction of the bypass within the rail corridor would cost substantially more than the bypass proposed on the Butler Street alignment for the following reasons:

 

Council would not invest substantial community funds to construct a major piece of roads infrastructure on land that it does not own – therefore Council would have to factor in the purchase price of that section of the rail corridor. As the rail corridor land abuts the Byron Town Centre it is likely that the market value of the land would be substantial and run to millions of dollars.

 

It is likely that the land comprising the rail corridor would be substantially contaminated after many years use as a railway and shunting yards. The cost of remediation of this land prior to construction of a roadway would likely be several million dollars.

 

If the roadway was to be constructed within the rail corridor where the space was shared with a rail trail and light rail (as proposed by the BSCN) substantial costs would be incurred in constructing infrastructure to separate the competing uses to ensure public safety.

 

Traffic noise amelioration requirements (and costs) would be exacerbated because the bypass would move closer to the densely populated Byron CBD area.

 

Council would not be able to use the existing road formation on Butler St but would have to build up a new and costly road profile for a significant distance along the rail corridor

 

·    Previous investigations of the comparative environmental impact of the two routes have indicated little difference between the two, however the additional necessary vegetation clearing in the rail corridor must be accounted for in the BioBanking process and will require additional compensatory credits.

 

·    In order for “full construction costs of a roadway within the rail corridor from Lawson Street to Browning Street” to be ascertained full construction drawings and bill of quantities would have to be prepared and costed. This would take at least 12 months and would cost of the order of $1M to prepare (see outline below). In preparing these plans and associated costs details of costs associated with potential site acquisition, contamination remediation, safety separation, traffic noise amelioration etc would have to be accurately assessed.

 

Extensive further investigation and assessment is required including:

 

·    Concept design preparation to direct investigation and assessment

 

·    Flooding impact assessment to ensure the design does not result in adverse impacts.

 

·    Noise assessment to facilitate the design and costing of remediation measures.

 

·    Survey to facilitate the concept design, cross sections and bill of quantities.

 

·    Land contamination assessment to inform remediation costs.

 

·    Geotechnical to facilitate the road construction design.

 

·    Heritage assessment to ensure any proposed alignment does not impact on the Water Tower and associated curtilage.

 

·    Ecological assessment particularly as it pertains to the increased amount of tree removal.

 

·    Biobanking assessment.

 

·    Estimate of costs associated with a new EIS and approval pathway through the JRPP

 

·    Given the complexity of negotiations and detailed design it is likely that Council would not be in a position to construct the bypass within the rail corridor for at least 5 years assuming that these matters could be successfully negotiated and TfNSW could be convinced as to the viability of such a project.

 

·    To proceed with a roadway in the rail corridor would also mean:

 

Forfeiture of the $10.5M in RMS funding which was provided exclusively for a bypass constructed on the Butler Street alignment;

 

Wasting the $2.45M already spent in getting the current proposal to the construction stage;

 

A significant opportunity cost due to thousands of hours of Council staff time spent on the project to date having to be duplicated – this would have significant consequences for the capacity of staff to focus on other significant Council projects and service delivery.

 

Financial/Resource/Legal Implications:

 

As indicated in staff comments

 

 

Is the proposal consistent with any Delivery Program tasks?

 

a. and c. Yes

b. No  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Flood Mitigation and Response

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Estuary Officer

File No:                        I2017/649

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

At Council’s Ordinary meeting held on 25 May 2017 Cr Simon Richardson tabled a petition containing 233 signatures which states:

 

“….We the undersigned request the following action from Byron Shire Council in the immediate

affect;

 

·   A Resident and Business Forum with the aim at re-evaluating our Flood Mitigation Plan

and discussion about ongoing viability of the area should work not be undertaken.

·   The Dredging of Marshal's Creek and Reading's Bay and possible outlets to the sea.

·   Revision of SES capacity to handle flood response and evacuation practice.

·   The maintenance of storm water drains to be undertaken and maintained regularly.

·   Proper consultation with the community regarding systems that are put in place and

transparent action plans to be undertaken during future events.

·   Council to effectively lobby State Government as to the Shire's plight, so that we are on

equal footing with our neighbours’’

 

Comments from Director Sustainable Environment and Economy and Director Infrastructure Services:

 

Resident and Business Forum

 

The petition presented to the 25 May 2017 Ordinary Council meeting raised a number of issues regarding flood mitigation and response which were raised following the March/April flooding experienced in the Shire. 

 

It is understood that flood response is a key issue for the community and Council has already taken a number of actions following the recent event.  These are summarised below:

 

·   A business forum was held on 26 April with flood affect business owners and operators. Some 30 businesses attended.  Attachment 1 (E2017/28326) provides the unofficial minutes of this meeting. In response to this forum the following key actions have been undertaken:

 

-    A submission was made to the State Government in support of the NSW Government Application to the Commonwealth for the declaration of Category C Disaster Assistance for affected Businesses in Byron Shire Local Government Area. This application was successful with notification on 25 May that Flood Recovery grants of up to $10,000 are now available for small businesses in Billinudgel and additional support also includes surrounding buffer zones: Mullumbimby, Ocean Shores and The Pocket. Businesses in these areas are in the process of being advised of the availability of this grant.

-    At the Business Roundtable on 17 March natural disaster resilience preparation was an agenda item. Attachment 2 (E2017/34451) provides a summary of matters arising from Discussion on Natural Disaster Resilience.

 

·   A combined meeting with residents and business community was held on 1st June with approximately 100 people attending.  Various issues were discussed, including flood mitigation, flood planning processes, disaster management and differences between Council and SES responsibilities.

 

Dredging of Marshal's Creek and Reading's Bay and possible outlets to the sea

 

Flood mitigation options including dredging of Marshalls Creek and Readings Bay, and consideration of creating floodwater outlets north of Brunswick Heads were investigated in the Marshall Creek Floodplain Management Plan (adopted by Council November 1997).

 

The following text is an extract from the complete report document in relation to floodwater outlets:

 

10.4    Ocean Outlets

 

Three sites have been identified for assessment for the construction of flood outlets through the frontal dune to the Pacific Ocean. The sites are located at:

 

·    Holiday Village" between New Brighton at South Golden Beach;

·    Ocean Shores North,  north  of the "Fern Beach" subdivision; and

·    Wooyung,  some 3.5 km north of South Golden Beach.

 

The proposed outlets comprise the excavation of 75 m wide slots through the dune with variable bed levels. The outlets at "Holiday Village" and Ocean Shores North are to be some 1.7 m above high tide level, while the outlet at Wooyung is proposed to be tidal. The proposed combinations of flood outlets above was defined by the Floodplain Management Committee after the Value Management Workshop (Reference 13) was completed.

 

The coastal dynamic processes are discussed in detail in Chapter 4. The impact of these processes on the performance of the ocean outlets is outlined below.

 

As noted in Chapter 4, the ocean water levels can be seen as comprising of a series of components  principally:

 

·    tidal variations;

·    storm surge;

·    coastal wind  set-up;

·    nearshore wave set-up; and

·    possible addition to the above by "Greenhouse" changes to ocean  static levels  .

 

The various components of the "Steady" ocean water levels are indicated on Figure 6.

 

It is estimated that wave setup on the open beaches at the identified outlet sites resulting from 5 m high offshore waves would effectively raise the ocean water level on the beach by 0.8 m. By comparison, these waves would pass through the Brunswick River entrance with minimal obstruction and dissipate as they travelled up the main river channel.

 

As a result, there would be a difference in water level of 0.8 m between the beach and the river. This means that any outlets must be located where the flood level in Marshalls Creek is at least 0.8 m higher than the ocean water level at the entrance to the Brunswick River in order that floodwaters can discharge to the ocean.  If this condition is not satisfied, seawater from the ocean will flow through the opening and increase flooding along Marshalls Creek.

 

The identified outlet sites satisfy the water level differential constraint. However, the Wooyung outlet in the early stages of a flood event would tend to admit water from the ocean into the Marshalls Creek area. This would be the direct opposite of the proposed function of the outlet, ie to discharge floodwaters to the ocean.

 

The outlets at "Holiday Village" and Ocean Shores North would discharge floodwaters when the level of the floodwaters in Marshalls Creek exceeded the water level on the beach and exceeded the level of any constructed weirs at the outlets. This would depend on the magnitude of the creek flood, tidal phase and ocean storm conditions.

 

The ocean outlets would need to be located at a level which prevented ocean storm waves from passing through the outlets and discharging seawater into the Marshalls Creek system.

 

This occurred in May 1975 when the ocean waves broke through the frontal dune at "Sheltering Palms",  the southern end of New Brighton and north  of New Brighton.

 

The dune north of New Brighton had been overtopped in October 1972 and had not built up to an adequate height. Earthmoving machinery was used to repair the break in the dune following the 1974 event. The coastal processes have continued the replenishment of the dune. The location of the break-through is still evident in recent aerial photography, some 20 years after the event.

 

The analysis of ocean storm water levels outlined in Chapter 4 recommends a minimum crest level for the outlets at RL 4.0 m AHD. This level is 1.2 m above the 1% AEP flood level in Marshalls Creek at the "Holiday Village" site.

 

There are conflicting requirements for the dune heights. Prevention of ocean break through into the Marshalls Creek floodplain requires the dunes to be kept high. However, allowance for (or dependence on) a flood breakout through the dunes to reduce flood levels requires the dunes to be kept low such that a natural break can occur.

 

It would be possible to adjust the dune height by earthmoving machinery by:

 

·      maintaining the dune height to prevent ocean  inundation;

·      maintaining a stockpile of material  at the break-out  point;

·      on receipt  of  flood  warning,  cutting  the beach  dune such  that  a natural  erosion process can begin;  and

·      refilling  the  low  level  break  from  the  stock  pile  after  the  flood  recession  to accelerate the natural re-building  of the dune.

 

It is not considered prudent to undertake the alternative procedure of keeping the dune low and building during ocean storms because of the dangers of operation of machinery near a surf zone.

 

The short time scale of Marshalls Creek flooding, the limited warning and the occurrence of ocean storms would require earthmoving equipment to be on virtually permanent standby to lower the outlet in advance of the creek flood and to rebuild the outlet to withstand ocean storm conditions immediately following the creek flood.

 

Large volumes of sand would have to be excavated, stored and returned within a short period of time.   This is clearly not practical.

 

The estimated reduction in 1% AEP flood levels which may be achieved with the ocean outlets is 0.08 to 0.1 m at New Brighton and Ocean Shores (Ref.l6). There are 4 houses in New Brighton and 4 houses in Ocean Shores which are inundated in floodwaters less than 0.1 m deep in the 1% AEP flood.   This option may prevent floodwaters entering some these houses.

 

Therefore, construction of the ocean outlets is considered to be relatively ineffectual, due to the small number of houses protected and impracticable due to the management and operational requirements.

 

Therefore at this stage the construction of outlets is not recommended. 

 

The following text is an extract from the complete report document in relation to dredging of Marshalls Creek and/or lowering/removal of training walls:

 

Prior to the construction of the Brunswick River training walls in the early 1960's, the Marshalls Creek channel joined the Brunswick River channel at the eastern edge of Reading Bay.  The initial river works retained this channel confluence.

 

Following the severe ocean storm which washed over the beach dune and destroyed part of the "Sheltering Palms" village in 1974, a new low level training wall was constructed in Reading Bay in order to prevent a break-through from Marshalls Creek to the ocean which could ultimately replace the Brunswick River entrance.

 

At this time, a section of the northern wall of the Brunswick River was removed at the western end and the confluence with Marshalls Creek diverted 500 m upstream.

 

The channel of Marshalls Creek between Capricornia Canal and the Orana Bridge has a meandering alignment with a number of residual meander loops immediately downstream of the canal.        

A number of options for dredging the channel of Marshalls Creek between the Capricornia Canal

and Reading Bay have been  investigated  in previous  studies.

         

Lowering the training walls was found to reduce the flood levels by 0.11 m at Orana Bridge and

0.06 m at Capricornia Canal.

 

This would reduce the number of houses inundated in the 1% AEP flood in New Brighton by three with no alteration in the number of houses flooded elsewhere.

 

The early dredging investigations assumed dredging to a bed level of RL -2.5 m AHD. The preliminary EIS investigations indicated dredging of this magnitude would yield some 330,000 cubic metres of material but that recognition of environmental issues would reduce this volume by two thirds (that is a dredge yield of less than 100,000 cubic metres). Thus, it is concluded that the full reductions in flood levels quoted by dredging to RL -2.5 m AHD are unlikely to be achieved.

 

As discussed in Chapter 3, rock outcrops have been observed at a number of locations along Marshalls Creek within the proposed dredging limits.   Therefore, it is considered unlikely that a significant increase in channel capacity can be achieved by dredging.

 

Notwithstanding the potential environmental impacts associated with the dredging option, the estimated reduction in flood levels which could be achieved is 0.10 m in Ocean Shores and New Brighton.

 

Thus, dredging of Marshalls Creek and lowering the training walls in Reading Bay would possibly save 4 houses in Ocean Shores and 4 houses in New Brighton from being inundated in the 1% AEP flood.

 

The channel of Marshalls Creek is a dynamic area with sediment transport being a continuous process. Material eroded from the catchment is transported along the creek during floods and discharged into the Brunswick River and carried out to the ocean.  Some of this material settles to the bed of Marshalls Creek and does not reach the ocean. It is also likely that some of the bed material in Marshalls Creek is a relic of past ocean breaks through the dune system transferring dune material from the beach to the creek channel.

 

The normal tidal cycle transports sand up and down the creek channel. The limit of this active tidal sediment transport is considered to be located near the Marshalls Creek/Brunswick River confluence.

 

Comparison of creek channel surveys in 1986 and 1991 indicates that there is a relatively slow build-up of sediment in Marshalls Creek, downstream of Capricornia Canal, under the current hydraulic regime.

 

It should be noted that the time interval between surveys was short, when compared to the time­ scale of the sedimentary processes. The apparent nett sediment accumulation rate may well be distorted by the occurrence of a major flood (the 1987 event) in the period between surveys.

 

The natural hydraulic processes determine the channel geometry and alignment. These natural processes tend to respond to man-made changes in such a manner as to return the channel to a "natural" condition.  Thus, it can be reasonably expected that sediment will build up in the dredged section of the channel over a period of time until the channel returns to the quasi-stable configuration existing at the present time.

 

The time-scale for the filling of the dredged channel is dependent on a number of factors, principally related to rainfall and oceanic factors. However it is generally accepted that dredging of creek and river channels is not a permanently effective flood mitigation works option unless regular maintenance dredging is carried out to retain the improved hydraulic capacity of the channel.

 

The channel dredging and lowered training walls option is considered to be relatively ineffectual due to the small reduction in flood levels achievable and the small number of properties which would benefit from the works. The option also requires on-going commitment to the maintenance of the dredged channel in order that the benefits are not diminished as time goes by.

 

Therefore at this stage the dredging of Marshalls Creek and/or the lowering/removal of training walls is not recommended.

 

Should Council wish to further pursue the above mitigation options the most appropriate method is via a Floodplain Risk Management Study and Plan.

 

Such a plan will scientifically investigate the effects of such mitigation options on flood levels and complete a cost benefit analysis of such a mitigation option.

 

Council is currently awaiting a grant approval from the Office of Environment and Heritage for the purposes of preparing the North Byron Floodplain Risk Management Study and Plan. This is the next step following on from the North Byron Flood Study.  A number of flood mitigation options will be investigated in this study, included a fresh review of the ocean outlet and dredging idea. The most cost effective options will be included in the Floodplain Management Plan for action. 

 

Without an adopted plan state government are very unlikely to fund a flood mitigation scheme because it has not been investigated appropriately and its likely success has not been proven.

 

Council simply does not have the budget to complete a flood mitigation scheme without the support of state government; therefore, any flood mitigation schemes for North Byron Shire will need to await the adoption of the North Byron Floodplain Management Plan

 

Revision of SES capacity to handle flood management

 

The question of the capacity of the SES to handle flood response and their evacuation practice is an internal SES matter and not one for Council. SES are and will be having debrief meetings at local, regional and state level within their organisation. Council staff have made SES aware of these issues already. A local debrief meeting was held locally at the Ocean Shores Country Club on 28 May 2017

 

There have already been multi agency debrief meetings held at the regional level within our Region.

 

Stormwater Maintenance

 

On 29 May 2017 Council resolved the following. This resolution addresses the petitions concerns regarding stormwater maintenance.

 

17-189 Resolved:

 

1.   That Council use the North Byron Floodplain Risk Management Study and Plans to investigate potential methods for lowering flood levels in the Marshall’s Creek floodplain through options such as floodwater outlets, dredging, rock wall alterations and flood levies.

 

2.   That Council considers doubling the funding for north urban drainage maintenance and rural drainage maintenance from all available resources to speed up the flood mitigation works in the Marshalls Creek Floodplain including:-

 

a.     Gutter maintenance

b.     drain and channel cleaning

c.     increasing pipe sizes where necessary

d.     road culverts maintenance; and

e.     causeways

 

3.   That the maintenance program is reviewed annually. 

 

4.   That to support items 1 & 2 above, staff provide funding source options and wider financial implications to the 22 June 2017 Council meeting, to be considered as part of the adoption of the 2017/18 Operational Plan.

 

5.    That Council establish a North Byron Floodplain PRG for a 12 month period to examine the implications of the recent flood event and review previous modelling and to invite community membership and notify past members.

 

6.   That parts 1 to 5 inclusive here of are resolved without admissions and without prejudice.

 

                                                                                                                             (Hunter/Richardson)

 

In accordance with Part 4 of the Resolution, Parts 1 and 2 are to be considered separately at this meeting as part of the adoption of the 2017/2018 Operational Plan.

 

Consultation with the community regarding actions to be taken during future events

 

This has been noted as part of the questions Council has received from the community and during the community forum on 1st June at Ocean Shores.

 

Council have relied upon the SES’s education programs in the past to direct the community on what to do during disaster events. Following this event Council will be considering the option to have its own annual disaster education program.

 

The option for an app such as the Sunshine Coasts SCC App will also be considered. See link for information on this app. https://www.sunshinecoast.qld.gov.au/Site-Help/SCC-App

 

This issue will also be considered as part of the North Byron Floodplain Risk Management Study and Plan project.

 

Council to effectively lobby State Government

 

Council has made two separate submissions through the State Government to the Federal Government for financial assistance for flood affected businesses and residents. The Federal Government Assistance sought is the same as was announced for the neighbouring Local Government areas of Tweed Shire and Lismore City.

 

Both submissions have been supported by lobbying from the Mayor and staff to both State and Federal Local Members and the responsible State and Federal Ministers, as well as lobbying by the State Local Members and Ministers of their Federal counterparts.

 

The submissions made by Council were for:-

 

·   Eligibility for affected Byron Shire residents to receive the Australian Government Disaster Recovery Payment/Disaster Recovery Allowance

 

·   Eligibility for Australian Government Category C Natural Disaster Relief and Recovery arrangements for affected businesses

 

As indicated in the comments under the Resident and Business Forum above, the latter submission and application was successful, with notification on 25 May that Flood Recovery grants of up to $10,000 are now available for small businesses in Billinudgel and additional support also includes surrounding buffer zones: Mullumbimby, Ocean Shores and The Pocket. Businesses in these areas are in the process of being advised of the availability of this grant.

 

The first submission is yet to be determined by the Federal Minister, and Council staff have provided additional information to the Office Federal Minister for Justice in response to request from the Minister.

 

 

  

 

RECOMMENDATION:

1.       That the petition regarding flood mitigation and response be noted.

 

2.       That action taken to date with respect to the issues raised in the petition be noted

 

3.       That the petition be referred to the Director Sustainable Environment and Economy           and Director Infrastructure Services for appropriate action.

 

 

Attachments:

 

1        Flood Impact Business Meeting Minutes 26 April 24.2017.15.1, E2017/28326

2        Byron Shire Business Roundtable May 2017 Summary of Ideas for Natural Disaster Resilience linked to presentation E2017/29189, E2017/34451

 

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Current Grants and Submissions as at 31 May 2017

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2017/703

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council have submitted applications for a number of grant programs which, if successful, would provide significant funding to enable the delivery of identified projects.  This report provides an update on these grant submissions.

 

 

  

 

RECOMMENDATION:

That Council note the report

 

 

Attachments:

 

1        Byron Shire Council Current Grant Applications as at 31 May 2017, E2017/49852

 

 


 

Report

 

This report provides an update on grant submissions including funding applications submitted, potential funding opportunities and those awaiting notification.

 

Funding Application Success

 

·   Aboriginal School Based Traineeship (Elsa Dixon Aboriginal Employment Program, NSW Government) – $10,000

·   Arakwal reconciliation week events (National Reconciliation Week, Australian Government) - $5,000

 

Funding opportunities identified for consideration by staff

 

·   Blindmouth Creek Crossing replacement (Bridges Renewal Programme, Australian Government)

·   Replacement of the Southern Shire Bridges (Bridges Renewal Programme, Australian Government)

·   Byron App (Smart Cities and Suburbs, Australian Government)

·   3D Mapping Tool (Smart Cities and Suburbs, Australian Government)

·   Safer Roads including Black Spot Funding (Roads and Maritime Services, NSW Government)

·   Active Transport (Roads and Maritime Services, NSW Government)

·   Regional Jobs and Investment Package for North Coast NSW (Australian Government)

 

Funding submissions awaiting notification

 

·   CPTED lighting for Byron Bay (Crime Prevention Grants, NSW Government)

·   CCTV stage two Byron Bay (Community Safety Fund, NSW Government)

·   Bayshore Drive Roundabout (Building Better Regions Fund Infrastructure Stream, Australian Government)

·   Fishing Platform Brunswick River (Recreational Fishing Trust, NSW Government)

·   Upgrade to Bangalow Weir Parklands (Community Development Programme, Australian Government)

·   Byron’s Young Innovators (Churchill Fellowship, Winston Churchill Trust)

·   Building capacity in Byron’s Community Halls (Building Better Regions Fund Community Investments, Australian Government)

·   In Good Company (Regional Growth Marketing and Promotion Fund, NSW Government)

·   Tree Change (Regional Growth Marketing and Promotion Fund, NSW Government)

 

It should also be noted that staff are actively working to prepare major project submission for the following funding rounds as soon as they are announced:

 

·   ‘Poles and Wires’ funding (NSW Government)

·   Building Better Regions Fund, Round 2 (Australian Government)

·   Regional Growth Fund (Australian Government)

 

Additional information on the grant submissions made and or pending is provided in Attachment 1 – Grants report as at 31 May 2017

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $3 million would be achieved which would provide significant funding for Council projects.  Some of the grants require a contribution from Council (either cash or in-kind) and others do not.  Council’s contribution is funded. The potential funding and allocation is noted below:

 

Requested funds from funding bodies                                                                        $3,434,922

Council cash contribution                                                                                            $2,763,254

Council in-kind contribution                                                                                            $549,441

Funding applications submitted and awaiting notification (total project value)  $6,747,617

 

Statutory and Policy Compliance Implications

 

Council is required under Section 409 3(c) of the Local Government Act 1993 to ensure that ‘money that has been received from the Government or from a public authority by way of a specific purpose advance or grant, may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose’. This legislative requirement governs Council’s administration of grants.

 

  


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.1

 

 

Staff Reports - General Manager

 

Report No. 13.1           Competitive Grant Funding

Directorate:                 General Manager

Report Author:           Ken Gainger, General Manager

File No:                        I2017/749

Theme:                         Corporate Management

                                      Organisation Development

 

 

Summary:

 

In accordance with Council’s adoption and adherence to successive Financial Sustainability Plans since 2013, considerable effort has been placed into focusing on improved grant funding from various sources but in particular, State and Federal governments. Changes adopted by the Council in an effort to improve grant funding performance include the employment of a dedicated Grants Officer, adoption of a centre led organisational Grants team comprising grants “champions” across Directorates, subscribing to on-line grants information services, establishing active relationships with Northern Rivers RDA and other funding agencies/facilitators, developing networks of grants specialists and research capacity to learn from others and build grants success.

 

Apart from a handful of recurrent annual grants such as Financial Assistance Grants (FAGs) and Roads to Recovery which are automatically received without a competitive application process, most grant opportunities require councils to actively compete for funding pools where demand significantly exceeds available funds and where grant funding eligibility criteria is continually becoming more onerous and expectations are that applicants must demonstrate that they are “shovel ready” to deliver projects in a timely manner should funding applications be successful.

 

It is of growing concern that because of tightening state government operating/capital budgets grant funding eligibility is being increasingly broadened to include state agencies, i.e. local government is now often having to compete for the grant funding dollar with hitherto ineligible state government agencies in funding domains previously the exclusive province of local government and/or community based organisations. Thus state government agencies who would have previously placed budget bids for projects and programs are now being forced to scrounge for grant funding opportunities to fund those projects/programs effectively robbing already financially squeezed councils of limited grant funding prospects.

 

This report seeks to highlight this growing problem and encourage the Council to take the issue up with governments and peak local government organisations.

 

  

 

RECOMMENDATION:

That Council notes the report and:

 

1.  Writes to the state Treasurer and Minister for Local Government and local members seeking a reversal of the practice of including federal and state government agencies among those eligible for grant funding opportunities/programs;

2.  Writes to adjoining councils, NOROC and LGNSW seeking their support.

 

 

 

 

 

 


 

Report

 

In accordance with Council’s adoption and adherence to successive Financial Sustainability Plans since 2013, considerable effort has been placed into focusing on improved grant funding from various sources but in particular, State and Federal governments. Changes adopted by the Council in an effort to improve grant funding performance include the employment of a dedicated Grants Officer, adoption of a centre led organisational Grants team comprising grants “champions” across Directorates, subscribing to on-line grants information services, establishing active relationships with Northern Rivers RDA and other funding agencies/facilitators, developing networks of grants specialists and research capacity to learn from others and build grants success.

 

Apart from a handful of recurrent annual grants such as Financial Assistance Grants (FAGs) and Roads to Recovery which are automatically received without a competitive application process, most grant opportunities require councils to actively compete for funding pools where demand significantly exceeds available funds and where grant funding eligibility criteria is continually becoming more onerous and expectations are that applicants must demonstrate that they are “shovel ready” to deliver projects in a timely manner should funding applications be successful.

 

It is of growing concern that because of tightening state government operating/capital budgets grant funding eligibility is being increasingly broadened to include state government agencies, i.e. local government is now often having to compete for the grant funding dollar with hitherto ineligible state government agencies in funding domains previously the exclusive province of local government and/or community based organisations. Thus state government agencies who would have previously placed budget bids for projects and programs are now being forced to scrounge for grant funding opportunities to fund those projects/programs effectively robbing already financially squeezed councils of limited grant funding prospects.

 

This growing practice is akin to a Council calling for community applications for Section 356 grants then forcing staff to prepare competing applications for those funds in order to fund projects that have been excluded from the adopted Council budget. Council staff have become increasingly aware of state government agencies competing for grant funding pools with Council. A recent discussion with one state government department referenced applications for regional transport infrastructure grant funding that were being prepared by government officials which would be in direct competition with BBTCMP project applications.

 

The below table reviews a random selection of grant schemes and considers the eligibility criteria to ascertain competition. Results indicate that State government departments do indeed compete with Local Government Authorities and community groups for available funds. However, this is not uniform and depends upon the context in which the grant programme is being developed and offered.

 

The attached document reviews twelve grant schemes, with thirty nine sub-programs, to ascertain whether Council is competing with the NSW Government departments for grant funds. In thirteen cases, State government departments were eligible to apply for funding.

 

One such area is in black spot funding. Australian Black Spot funding is provided for both State and Local Government controlled roads. The main schemes are the Australian Black Spot Programme (Australian Government) and Safer Roads-State Black Spot (NSW RMS). At present, the Australian Government Black Spot Programme is only for Councils, but NSW RMS State Black Spot funding, assesses nominations for Local Government controlled roads and state roads.

 

In other areas, such as many of the programs that deliver funds for projects dealing with the environment, Local Government competes with State departments for funds. This is an effect of budget cuts, and state departments using grants to deliver projects that might have once been delivered through central funding.

 

An important consideration is that community groups are also provided opportunities to apply under many of these schemes.

 

For this reason, the table below outlines examples from thirteen schemes and shows eligibility for Local Government (LG); State Government (SG) and Community Groups (CG).

 

 

GRANT SCHEME

ELIGIBILITY

LG

SG

CG

COMMENTS

1

Black spot funding

 

Roads and Maritime Services administer (on behalf of the Australian Government) the Australian Government Black Spot Programme in NSW.  This includes:

·      Reviewing all NSW Black Spot nominations received against the eligibility criteria

·      Undertaking an economic assessment of the proposed treatment

·      Preparing a summary of the nominations received to present to the NSW Black Spot Consultative Panel for consideration

·      Roads and Maritime advises other road authorities within NSW of project approval and the process for delivery and payment for works completed. This includes management of any variation requests.

Nominations for the Australian Government Black Spot Programme will be automatically considered for the NSW Government’s Safer Roads Program. Other road authorities do not need to re-submit their nomination again, but will need to indicate their willingness to contribute to the funding of their project.

 

 

 

Australian Government Black spot Programme is administered by NSW RMS.

 

Council only has to apply with one nomination to be eligible for both state and federal schemes. 

 

 

This year’s Federal Black Spot Progamme will be wholly for Councils. This is likely to continue into the future.

 

Last year the State/Council split was

2015/16 – 80%/20%

2014/2015 – 50%/50%

 

 

One component of assessment is  by BCR which must be very strong, but Feds provide 100% funding if successful – up to $2M.

2

Safer Roads

The NSW Government’s Safer Roads Program is a key initiative of the NSW Road Safety Strategy, which aims to make state roads safer and reduce crashes on the road network. This program provides treatments where there are clusters of casualty crashes on local and regional roads. This is achieved by implementing low cost engineering treatments and countermeasures. The program is split into several sub-programs, all targeting high severity crash types, locations and/or vulnerable road users.

The sub-programs include:

·      State Black Spot

·      High Risk Curves

·      Fatigue

·      Safe Systems Pedestrian Safety

·      Vehicle Activated Signs (VAS)

·      Local Government Road Safety

·      Motorcycle Safety

·      Intersection Safety

·      Cycling Safety

·      Fatal Crash Response

·      Highway Route Review

·      Aboriginal programs

 

 

Council and RMS compete for this pool of black spot funds.

 

Councils must provide  matching funding, with total project cost up to $5M

 

 

One component of assessment is  by safety index.

3

NSW Liquor and Gaming

Arts and Cultural Grants

Sport and Recreation Grants

Emergency Relief Grants

​​based in NSW

incorporated, not-for-profit organisations, which are  solvent (financially sound and not in debt) 

hold a current ABN

NSW local councils

 

 

5

Building Better Regions Fund – Infrastructure and Community Investments

Your project must:

·      be located in regional Australia outside the major capital cities of Sydney, Melbourne, Brisbane, Perth, Adelaide, and Canberra

 

 

State not specifically excluded, but projects that partner with State gov departments are encouraged.

5

Community War Memorials Fund

 

An application may be made by any organisation or individual, provided the Owner or Custodian of the Memorial, local RSL Sub-Branch and local council support the bid, where applicable.

 

 

6

Elsa Dixon Aboriginal Employment Program

Organisations applying for funding must be:

▪ a NSW public service agency,

▪ a NSW local government authority operating under the Local Government Act 1993,

▪ an Aboriginal community organisation incorporated under the:

- Aboriginal Land Rights Act 1983,

- Aboriginal Councils and Associations Act 1976,

- Corporations (Aboriginal and Torres Strait Islander) Act 2006, or

and other Aboriginal incorporated organisation under the:

- Associations Incorporation Act 2009,

- Corporations (NSW) Act 1990, or

- Co-operatives Act 1992.

 

 

 

7

Environment Trust

Eco schools

 

 

 

 

 

Education (Government)

Government stream:

·    state government agencies and/or statutory committees

·    local councils

·    Local Land Services

·    regional organisations of councils other local government controlled organisations

·    universities

 

 

 

 

Lead Environmental Community Groups

 

 

 

 

 

 

Protecting Our Places

 

 

 

 

 

 

Research

·    The following organisations are eligible to apply as the lead applicant:  Universities

·    State government agencies and/or statutory committees

·    Community organisations or groups (see note below)

·    Incorporated associations/non- profit organisations

·    Non–commercial Cooperatives Councils

·    Local Land Services

·    Regional Organisations of Council

·    Other local government controlled organisations

·    Local Aboriginal Land Councils

 

 

 

Restoration and Rehabilitation

The following organisations can apply for the government stream:

 · State government agencies and/or statutory committees

· Councils

· Regional organisations of councils

· Other local government controlled organisations

· Universities (only eligible to apply for funding for projects on their own land)

 

 

 

 

Saving our Species Partnership Grants Program

·    encourage partnerships between government, the community, non-government organisations and industry

 

 

 

Waste Less, Recycle More Initiative

·    Community Recycling Centres

·    Recycling Innovation Fund

·    Landfill Consolidation

·    Organics Collection Systems

·    Major resource recovery infrastructure

·    Organics Infrastructure

 

 

 

 

 

 

8

Floodplain Management Program

 

The following organisations are eligible to apply.

·    local councils

·    county councils

·    other government bodies with equivalent floodplain risk management responsibilities to local councils (e.g. Lord Howe Island Board, Hunter Local Land Services (LLS)).

·    Local councils can also work together in a group, provided that:

·    one council is the lead agency in terms of signing of the funding agreement, managing monies and reporting on the project, or

·    a relevant Regional Organisation of Councils applies for and manages the funding.

 

 

 

Local Land Services are state authority

9

Flying-foxes grant program

Grants are open to NSW Local Government organisations including councils and ROCs. Collaboration with NSW agencies, Aboriginal Land Councils, business, research and community organisations is encouraged however each grant application must be lodged by a Local Government organisation that will be responsible for administering the grant.

 

 

 

10

NSW Heritage Grants

Aboriginal Heritage

To be eligible for assistance applicants must be: a) an Aboriginal organisation / community group, or

b) an individual, consultant or organisation supported by an Aboriginal organisation /community, or

 c) a NSW Local Council or group of Councils or

d) a State Government Agency where heritage is not:

 · its core business or

· part of its development obligations

 

 

 

Community Heritage – Peak Organisations

5.1.1 an applicant must have an ABN and

5.1.2 be assessed by OEH as a recognised peak community group, association or organisation including from the not for profit sector (excludes state or federal Government bodies)

5.1.3 be assessed as having capacity and commitment to undertake and complete the project.

 

 

 

 

Community Heritage Projects

 

 

 

No past guidelines available

 

 

Major Works

5.1.1 an applicant must be the owner and manager of the State Heritage Register listed item involved in the project

 5.1.2 the applicant must agree to provide matching funding towards the project if successful and

 5.1.3 an applicant must be assessed as having capacity and commitment to undertake and complete the project.

Must be a state heritage item – this means can be competing against departments like Public works, national parks and wildlife

 

 

Local Government Heritage Advisors

 

 

 

 

 

Local Heritage Places

the applicant must be:

· a NSW Local Council (local government entity/authority)

· a group of NSW Local Councils or

· an Agency acting upon behalf of an unincorporated area

 

 

 

 

 

Emergency Works

a) be an individual, organisation, community group, trustee or a NSW Local Council which is the owner (or perpetual lessee) and manager of a State Heritage Register-listed item or item with a current Interim Heritage Order within NSW, or

 b) be a State government agencies involved as a project partner assisting one of the owners and managers noted at 5.1.1 a)

 

11

Heritage Near Me

Activation Grants

Applications will only be accepted from owners or managers of heritage items that are:

• listed on LEPs, and

• regularly accessible to the public. Applicants must be holders of an Australian Business Number (ABN), and may be individuals, companies, not-for-profit organisations, or local government.

 

State government owned assets may be eligible for activation projects that are demonstrably outside core activities

 

 

 

Local Heritage Strategic Projects

 

EOIs are sought from a wide range of applicants, including owners and managers of heritage items, local government, and businesses and organisations seeking to develop projects that meet the program’s priorities.

 

 

 

 

12

Recreational Fishing Trusts

 Anyone can apply for funding from the Recreational Fishing Trusts, including fishing clubs and organisations, universities, councils, community groups, individuals and so on. Joint applications are also encouraged.

 

13

NSW Community Safety Fund

• community groups;

• non-government organisations;

• not-for-profit organisations;

• councils;

• chambers of commerce; and

• businesses seeking funding for projects that demonstrate community benefit.

 

 

14

Regional Growth – Environment and Tourism Fund

Project applications are invited from:

·        local and state government agencies;

·        Aboriginal Land Councils and other Aboriginal groups;

·        community groups registered as incorporated associations; and

·        non-government organisations.

 

·        The NSW Government encourages proponents to work together through their relevant Joint Organisation of Councils, Regional Organisation of Councils, Destination Networks and local tourism organisations to identify projects that involve more than one LGA and have been identified as regional priorities.

Applicants are also encouraged to work with private operators and industry organisations to identify potential projects. Applications that involve

 

 

 

Financial Implications

 

Clearly increasing and unfair competition for limited grant funding pools has significant implications for local government in NSW which is already reeling under pressure to find additional recurrent funding to reduce infrastructure backlogs and maintain key services.

 

Statutory and Policy Compliance Implications

 

Not applicable.


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Mullumbimby Hospital Site Acquisition

Directorate:                 General Manager

Report Author:           Ken Gainger, General Manager

File No:                        I2017/764

Theme:                         Corporate Management

                                      Organisation Development

 

 

Summary:

 

Following a community campaign over several years the Minister for Health, The Hon Brad Hazzard, wrote to the Council on 10th May 2017 supporting the acquisition of the former Mullumbimby Hospital site by the Council for $1. The transfer of the site to the Council was conditional upon the following:

 

·   Council entering into a contract for sale for $1 and accepting the property “as is” including any contamination or hazardous substances on the site and on the basis that NSW Health is fully indemnified of any future liability for any claim to costs for demolition of buildings and remediation of the site; and

·   Council arranging for demolition of all buildings and remediation of the site at Council’s cost given expert advice recommends this approach to ensure the health and safety of the community.

 

The Minister further advised that “for full transparency on hazardous materials on the site, NSW Health will make available further hazmat reports and documentation”. The Minister stated “Health Infrastructure has received a quotation for the safe demolition of the buildings and site remediation with a cost of several million dollars”.

 

This report discusses a potential way forward for converting this facility into a productive and affordable community space.

 

  

 

RECOMMENDATION:

1.       That the report be noted.

2.       That Council engage independent consultants to peer review the hazmat reports prepared for NSW Health for the former Mullumbimby Hospital site.

3.       That a budget of $50K be approved by the Council to fund the independent peer review.

4.       That a Project Reference Group (PRG) be established with a sunset period of 12 months, and comprising up to 15 representatives from critical Mullumbimby stakeholder groups, to propose and consider potential uses for the former Mullumbimby Hospital site.

5.       That the Mayor and Deputy Mayor liaise with the MHAG in determining which community representatives comprise the PRG.

6.       That the General Manager and staff support the PRG by developing a proposed community engagement strategy for the consideration of the PRG.

 

Attachments:

 

1        Attachment to email from Hon B Hazzard MP Minister for Health regarding acquisition of former Mullumbimby and District War Memorial Hosptial Site, E2017/60961

2        ELetter to Hon Brad Hazzard MP Minister for Health requesting draft contract regarding proposed acquisition of former Mullumbimby and District War Memorial Hospital site, E2017/34235

 

 

Report

 

At the date of writing this report the requested NSW Health hazmat reports and documentation relative to the former Mullumbimby Hospital site promised by the Minister have failed to materialise. NSW Health staff advise that these documents will be appended to the draft Contract of Sale when it has been prepared.

 

Clearly, before Council can entertain potential uses for this site it needs to first receive the hazmat/contamination reports so that they can be independently evaluated and assessed in terms of Council better understanding the nature and extent of contamination, the likely remediation works required and the cost of undertaking those works. It is proposed that the Council engage independent consultants to peer review the hazmat report/s provided to NSW Health. Past experience with contaminated sites indicates that it may take 2-3 years before Council can develop a remediation plan for this site which is endorsed by the Environmental Protection Authority. Then there is the matter of the Council identifying a funding source for the “several million dollars” (Health Infrastructure estimate) required to complete these works.

 

Quite understandably, the Mullumbimby community is excited at the prospect of utilising this site for the delivery of much needed community services. Clearly, given the scenario painted above, there is an available time frame for the Council to undertake extensive community consultation about such uses while Council grapples with the contamination issues.

 

Meetings held between Council and the Mullumbimby Hospital Action Group (MHAG) have led to the suggestion that Council should establish a Project Reference Group comprising representatives of MHAG and other critical Mullumbimby stakeholder groups and that the PRG be charged with responsibility for proposing and considering potential uses for the former hospital site having regard to potential constraints arising from the site contamination and the various options for remediating/removing that contamination. A PRG is a constructive and useful conduit for the Mullumbimby community to channel their future aspirations for the use of this site.

 

Should this approach be supported by the Council, it is suggested that the PRG have a sunset period of 12 months so as to establish an imperative for delivering outcomes. 

 

Financial Implications

 

The primary financial implication is the cost of remediation and identifying an available and viable funding source for this. A secondary consideration is identifying appropriate usage models for the site that provide an opportunity to firstly reimburse Council for the sunk remediation costs for the site as well as providing a recurrent revenue stream that can fund the development, maintenance and upkeep of the site. This will mean the need for the development of detailed business cases for potential uses for the site.

 

Statutory and Policy Compliance Implications

 

The conditions of the transfer of the site to Council imposed by the Minister and included in the summary to this report signal and outline the most significant statutory and policy implications for the Council.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.3

 

 

Report No. 13.3           Research Report - Towards smoke-free and litter-free beaches in the Byron Shire

Directorate:                 General Manager

Report Author:           Allison Rogers, Research Officer

Michael Matthews, Manager Open Space and Resource Recovery

File No:                        I2017/784

Theme:                         Community Infrastructure

                                      Waste and Recycling Services

 

 

Summary:

 

To investigate the possibility of declaring the foreshore area from Clarkes Beach to Belongil (and possibly further) a ‘no-smoking’ precinct with appropriate signage and enforcement.

 

Information/Background:

 

This draft Research Paper is the result of a research brief from the General Manager.  The paper considers:

 

1.    Council’s current policy on ‘Smoke-Free Outdoor Areas’ and how council can choose to enact this.

 

2.    Current Shire litter issues and evidence regarding the types of litter turning up on Byron’s beaches and foreshore areas.

 

3.    Issues posed by littering in a marine park environment and the impact this is having on marine life.

 

In reviewing the smoke-free beach legislation and education campaigns run by other councils and states, this paper sets out a number of ideas and a strong case for a smoke-free / litter-free campaign for Byron’s beaches and how this could be funded.

  

 

RECOMMENDATION:

That Council consider the following propositions, namely:-

 

·    Enact Councils existing ‘Smoke-free outdoor areas policy 11/010’ and invest in signage and enforcement resourcing;

 

·    Support the development of an overarching policy for litter reduction, which could include enforcement of the ‘Smoke-free outdoor areas policy’ as well as Council’s Dumping Action Plan and a new education campaign to enforce the anti-litter messages; and

 

·    Explore grant funding options to support relevant infrastructure and educational programs.

 

 

 

Attachments:

 

1        E2017 18771  Research Paper Draft 1 - Towards smoke-free and litter free beaches and foreshore areas in the Byron Shire, E2017/29306

 

Report

 

Refer to attachment 1 - #E2017/18771

 

Financial Implications

 

N/A

 

Statutory and Policy Compliance Implications

 

Refer to attachment 1 - #E2017/18771

 

Policy 11/010 - ‘Smoke-free Outdoor Areas Policy

Byron Shire Council Dumping Action Plan (10-634) - DM977623

  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.4           Council Resolutions Quarterly Review - 1 January 2017 to 31 March 2017

Directorate:                 Corporate and Community Services

Report Author:           David Royston-Jennings, Corporate Governance and Strategic Planning Officer

File No:                        I2017/463

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

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

 

It should be noted that 52 resolutions have been completed during the period 1 January to 31 March 2017 and there are 73 outstanding resolutions.  Resolutions could be outstanding due to budget constraints, staff resourcing, and extended negotiations with stakeholders.  There are a number that require no further action and should be closed.

 

 

  

 

RECOMMENDATION:

1.       That Council receive and note the information provided in this report on outstanding Council Resolutions in Attachment 1 (#E2017/53593).

 

2.       That Council note the completed Resolutions in Attachment 2 (#E2017/26454).

 

3.       That Council resolve that no further action be taken in respect of the following resolutions and that they be closed:

         

          Resolution 15-589

          Resolution 16-202

          Resolution 16-469

         

          Resolution 13-655                                                                                                                  

          Resolution 15-157

          Resolution 15-193

          Resolution 15-196

          Resolution 16-219

          Resolution 16-432

          Resolution 16-438

          Resolution 16-643

          Resolution 16-644

          Resolution 16-472

          Resolution 17-039

 

Attachments:

 

1        Outstanding Council Resolutions as at 31 March 17 , E2017/53593

2        Completed Council Resolutions 1 January 2017 to 31 March 2017, E2017/26454

 

Report

 

This report provides a quarterly update on the status of Council Resolutions to 31 March 2017:

·     52  resolutions were completed during period 1 January to 31 March 2017

·     73 resolutions remain outstanding as at 31 March 2017

 

The outstanding Council resolutions per Council terms are provided below:

 

·     36 Outstanding Council Resolutions from current Council (2016-2020)

·     34 Outstanding Council Resolutions from previous Council (2012-2016)

·     3  Outstanding Council Resolutions from prior Council (2008-2012)

·     73  Outstanding Resolutions as at 31 March 2017

 

Resolutions could be outstanding due to budget constraints, staff resourcing, and extended negotiations with stakeholders. 

 

Details of completed resolutions for the period are provided at Attachment 2. 

 

Resolutions completed during this time period include an application with IPART for a special rate variation (17-020), adoption of an updated Children’s Services Policy (17-034), amended Byron LEP to expand Tallowood Ridge Estate Mullumbimby (17-036), and award of tenders for sewerage pump station construction (17-016), award of Sunrise Boulevard and Ewingsdale Road roundabout construction (17-017), and North Ocean Shores fire main construction (17-041).

 

In 2014 Council (14-417) sought a review of outstanding resolutions to determine which ones currently fit within other resolutions, which ones cannot be resourced and which Council resolutions are able to be closed.  The below tables outline these resolutions.

 

Table 1: Council Resolutions that are no longer relevant or that have been superseded by other Resolutions

 

Resolution No.

Meeting Date

Report Title

Staff Comments and Recommendation

15-589

19/11/2015

Webcam Ewingsdale Road

Close – Google maps is constantly updated by GPS from mobile devices while waiting in traffic. No further action warranted.

16-202

24/04/2016

Changes to parking restrictions, Gilmore Crescent, Byron Bay

Close – NSW Roads and Maritime Service does not endorse the parking changes.

16-469

25/08/2016

Consistent Speed Limits on the Shire's Road Network

Close – Transport for NSW controls all speed zones in the Byron Shire. The warrants and guidelines are posted on the Safer Roads NSW website.

 


 

Table 2: Council Resolutions that are not resourced

 

The below table notes the resolutions which are not resourced and should therefore be closed. Alternatively Council may consider the priority of the respective resolutions and whether further action is required.

 

Resolution No.

Meeting Date

Report Title

Staff Comments and Recommendation

13-655

12/12/2013

Request for Parking Restrictions, Old Bangalow Road, Byron Bay

Funding required for design and initial works- estimated cost $10k

15-157

09/04/2015

Bus set down and pick up options at the Byron Bay Memorial Swimming Pool

Concept design and options should be incorporated into the Byron Bay Master Plan projects when appropriate.

15-193

30/04/2015

Cul-de-sac, St. Finbarr's Primary and Byron Bay High Schools

Part A completed. Part B requires a traffic count and a concept design. Estimated cost to investigate and report $6k.

15-196

30/04/2015

Proposed No Stopping, Village Greens grocer, Brunswick Heads

Funding required to complete lines and signs. Estimated cost $4k.

16-219

28/04/2016

Erect Signage on Ewingsdale Road

Funding required for consultant to complete action plan estimated cost $25k . Timing of works to be co-ordinated with Bayshore Drive intersection RAB upgrade.

16-432

04/08/2016

Speed bump needed in blackwood Crescent, Bangalow

Funding required  for traffic count, design and installation. Estimated cost $12k

16-438

04/08/2016

Coorabell Public School Bus Route - Request for Upgrade and Maintenance at 3 Bus Stops at Federal, Ewingsdale, Mullumbimby

Funding required. Estimated cost $90k - $115k.

16-472

25/08/2016

Review of Outstanding Council Resolutions (median works in Station Street Mullumbimby at the entrance / exit to Woolworths)

Funding required. Estimated cost $20k.

16-643

15/12/2016

Signage - Installation of No Stopping zones at Shearwater, The Mullumbimby Steiner School - Left Bank Road, Mullumbimby

Funding required. Estimated cost $6k.

16-644

15/12/2016

Signage - Relocation of Bus Zone on Bayshore Drive, Byron Bay including Installation of No Stopping and 30-minute Parking zones

Funding required. Estimated cost $3k.

17-039

23/02/2017

Traffic - Tennyson Street (North of Marvel St) - Time Limited 4P Parking Scheme

Funding required complete stage 2 works required. Estimated cost $112k.

 

 

It is recommended that these resolutions be closed and that any requests for the provision of budgets be considered in the preparation and consideration of the 2018/19 IP&R documents.

 

It should be noted that officers are currently reviewing the way complete and outstanding resolutions are reported to Council.

 

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 required. Should Council determine that the unfunded resolutions need to be actioned, an additional $300,000 (approximate) would need to be allocated however alternative funding sources would need to be found.

 

Statutory and Policy Compliance Implications

 

·     Council requires a quarterly report be prepared to allow it to consider the six monthly Operational Plan and Quarterly Budget reviews along with a review of Council Resolutions.

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

·     This report has been prepared in accordance with Part 3c) of Resolution 14-417.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Adoption of the Community Strategic Plan 2027, Delivery Program 2017-2021 and Operational Plan 2017-2018 (including Statement of Revenue Policy, Budget, Fees and Charges)

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Corporate Governance Coordinator

James Brickley, Manager Finance

File No:                        I2017/557

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council at its 20 April 2017 Ordinary meeting, endorsed the Community Strategic Plan 2027 (with minor amendments for Disability Inclusion Access Planning compliance), Delivery Program 2017-2021 and Operational Plan 2017-2018 (including the Statement of Revenue Policy, 2017-2018 Budget and 2017-2018 Fees and Charges) for public exhibition (Resolution 17-123 and Resolution 17-139), noting that a major review of the Community Strategic Plan will occur during 2017-2018.

 

This report reports the submissions received during public exhibition for Council’s consideration and recommends a number of proposed amendments. It also recommends that Council adopt the revised documents.

 

  

 

RECOMMENDATION:

1.       That Council consider the submissions received during the public exhibition period for the Integrated Planning and Reporting documents 2017, including the Community Strategic Plan 2027, Delivery Program 2017-2021 and Operational Plan 2017-2018 (including the Statement of Revenue Policy, 2017-2018 Budget and 2017-2018 Fees and Charges).

 

2.       That Council adopt the following Integrated Planning and Reporting documents:

a)      Community Strategic Plan 2027 as exhibited with the only amendment being the inclusion of the updated data from the 2011 census provided by the Australian Bureau of Statistics.

 

b)      Delivery Program 2017-2021 and Operational Plan 2017-2018 as exhibited.

 

c)      2017-2018 Statement of Revenue Policy incorporating the changes outlined in the Report under the heading ‘Management Comments – 2017/2018 Revenue Policy’ and the 2017/2018 Budget Estimates including:-

 

i)       the amendments identified in the Financial Implications section and summarised at Table 6 of this Report, and

 

ii )     an increase to the budget allocation for north urban and rural drainage maintenance of  $202,300, funded by a reduction of $202,300 to the proposed budget  for the Lighthouse Road project between Massinger Street and Tallows Beach Road.

 

d)      2017-2018 Fees and Charges incorporating wording changes outlined in the Report under the heading ‘Management Comments - 2017/2018 Fees and Charges’ and with the following amendments:-

 

i)          Addition of a new fee being the Information Technology Service Fee, to be levied against all new Development Applications received at 0.07% of the value of Development Applications.

 

ii)         Addition of a new fee relating to Temporary Food Businesses (ie Market Stalls) for inspections to be set at $80 for high risk, $60 for medium risk and $40 for low risk.

 

subject to the new fees in recommendation 2(d)(i) and 2(d)(ii) above, being exhibited for public comment for a period of 28 days, that the fees be incorporated into Council’s adopted Fees and charges for 2017/2018 should no submissions be received during public exhibition,

 

Attachments:

 

1        Confidential - Integrated Planning and Reporting 2017-18 Submissions Complete, E2017/61124  

2        Media Release dated 30 May 2017 fron NSW Government deferring FESL, E2017/61517

 

 


 

Report

 

Integrated Planning and Reporting provides a framework that sets out community’s main priorities and aspirations for the future and outlines how these will be achieved. The framework is led by the Community Strategic Plan and supported by a series of plans and strategies.

 

The Community Strategic Plan sets out the 10-year vision and is developed in partnership between council, government agencies, community groups and individuals.  The Delivery Program is a statement of commitment outlining the priorities for the next four years and how these will be achieved. The annual Operational Plan further details the Delivery Program and outlines what individual projects and activities will be undertaken.

 

Council is required to review its Integrated Planning and Reporting (IP&R) documentation within nine months of a council election (by 30 June 2017). Council is also required to undertake disability inclusion action planning by 1 July 2017 – this has been included in the IP&R framework rather than developing a stand-alone Disability Inclusion Action Plan.

 

At the Ordinary Meeting on 20 April 2017 Council resolved (17-123) and (17-139) to place the IP&R documents on public exhibition including the Community Strategic Plan 2027(with minor amendments for Disability Inclusion Access Planning compliance), Delivery Program 2017-2021 and Operational Plan 2017-2018 (including the Statement of Revenue Policy, 2017-2018 Budget and 2017-2018 Fees and Charges), noting that a major review of the Community Strategic Plan will occur during 2017/18.

 

This report presents the submissions received and seeks Council’s consideration of any proposed amendments from the submissions, Council resolutions adopted during the public exhibition period and the accompanying management comments. Following that consideration and the inclusion of any further amendments endorsed by Council, it is recommended Council adopt the revised Integrated Planning and Reporting documents as outlined in this report.

 

Resourcing Strategy – Long Term Financial Plan

 

Council reviews its Long Term Financial Plan (LTFP) on an annual basis and put it on public exhibition (resolution number February meeting 17-020).  The LTFP included the base case and three scenarios which formed part of the Special Rate Variation application to IPART in February 2017.

 

On 9 May 2017 the Independent Pricing and Regulatory Tribunal (IPART) approved Council’s special rate variation of 7.5 per cent per year for four years. Future LTFPs will be updated to reflect this the IPART determination along with any revisions to the Strategic Asset Management Plan.

 

Consultation and public exhibition

 

All of the documents were placed on public exhibition from 21 April 2017 to 25 May 2017. Key engagement activities included:

 

·     Community information stands which were attended by staff at:

­ Renew Fest Mullumbimby, 6 May 2017

­ New Brighton Farmers Market, 9 May 2017

­ Byron Bay Farmers Market, 11 May 2017

·     Community Roundtable, 3 May 2017

·     Business Roundtable, 17 May 2017

·     Direct email, including documents to various community and sporting groups, schools, Byron Youth Service, people with lived experience of disability and chambers of commerce

·     Weekly display advertisements in the Byron Echo and Byron Shire News

·     Weekly advertisements in Council Notices in the Byron Shire News

·     Daily 30 second announcements on BayFM

·     Council’s e-newsletter

·     Media release

·     Council’s website www.byron.nsw.gov.au displayed a full copy of the documents, including an eight page Community Summary and a four page Business Rates Handout.

 

The Integrated Planning and Reporting documents endorsed by Council at the 20 April 2017 Ordinary Council Meeting for public exhibition can be viewed using the following link:

 

www.byron.nsw.gov.au/integrated-planning-and-reporting-documents

 

Submissions

 

Council is required to consider any submissions received during the exhibition period prior to the Council’s endorsement and/or adoption of these documents. Full copies of the submissions are provided at Attachment 1 on a confidential basis. The full copies of the submissions contain personal information such as names and addresses of the person's lodging submissions which are relevant matters to be taken into consideration in determining this matter.

 

Community and Business Roundtable:

 

A presentation was made to the Community Roundtable on 3 May 2017 with questions raised and answered at the event.  There were 20 people in attendance with no submissions received at the event.

 

A presentation was made to the Business Roundtable on 17 May 2017. There were 21 people in attendance. Issues discussed at the Business Roundtable during the presentation included the impact on the properties categorised as Business under the rating structure proposed in the Statement of Revenue Policy.

 

Community Information Stands:

 

Issues raised at information stands included:

 

·     Renew Fest 6 May 2017 – Approximately 15 people attended the information stand with no submissions made at the time however one matter was raised in discussion:

­ Enforcement of no cats and dogs in Lillypilly – concerned with Council’s action to allow existing pets to remain in the neighbourhood

·     New Brighton Farmers Market 9 May 2017 – 22 people attended the information stand with no submissions made at the time however one matter was raised in discussion:

­ Flood mitigation – Requesting Council do everything possible to mitigate flooding in the Shire

·     Byron Bay Farmers Market 11 May 2017 – 18 people attended the information stand with three matters being raised:

­ Byron Bay Markets – raised pedestrian surface outside the nursing home needs to be cleaned as well as to be marked with a white line as it is a trip hazard and had caused someone to fall that morning

­ The state of the roads, where are rates going – no drainage, no kerb or channel, pot holes, beach side suburbs especially.

 

By email, mail or telephone:

 

Council received 18 submissions by email, 0 by mail and 0 by telephone.


 

Table 1 – Summary of submissions to the Draft Delivery Program 2017-2021 and Operational Plan 2017-2018

 

 

Doc No.

Regarding

Staff comment

E2017/29735

E2017/29737

CI4.1.5 Implement Future Options for Tyagarah Airfield:
Tyagarah Aerodrome is not a community priority and should not be a delivery program priority without further community consultation.

Council has previously resolved (17-121) to undertake a range of studies and evaluations regarding Tyagarah Airfield.

 

 

E2017/31478

CM1.1.3 Ensure Council’s information systems are efficient, effective, resilient and accessible:
Development application tracking interface

Searching by development application “type” will be included in new website to be implemented in 2017/18

 

CI1.1.1 Ensure an integrated and accessible transport network:
Bike paths and bike lanes, road works at Mullumbimby Road and Gulgan Road interchange; safety precautions at top of the hill on Mullumbimby Road between Saddle Road and McAuleys Lane

Council has proposed funding in 2017/18 to undertake a review of its Bike Plan and prepare a Pedestrian and Mobility Plan (PAMP). The funding for both includes a grant application to RMS. If the grant application is not successful then Council will need to consider whether it funds this work by itself. It is expected that the Bike Plan will identify a prioritised list of bike projects for the future. The plan will cover the routes listed in this submission.

No works are proposed for the intersection of Gulgan Rd and Mullumbimby Rd. It is recommended that this request be scoped and considered in budget discussions for 2018/19 for both short term and long term options and solutions.

No works are proposed for a bus shelter and bus layby on the western side of Mullumbimby Rd near The Saddle Rd. It is recommended that this request be scoped and considered in budget discussions for 2018/19. The issue of signs for concealed driveways will be investigated by staff.

 

CI1.2.1 Implement road and related projects:
Safety and amenity of Saddle Road

The traffic and stormwater issues will be investigated and scoped by staff and considered  in budget discussions for 2018/19.

The issue of illegal camping will be investigated by rangers and compliance staff.

 

SC2.4.3 Ensure the heritage of the Shire is protected, managed and utilised:
Heritage Near Me – Local Heritage Strategic Projects Grant program

Staff are alerted to invitations for grant applications and will seek funding by submission of an application for any appropriate grants.

For 2017/18 and 2018/19 Council has been successful in receiving grant funds from the NSW Heritage Office for the continuation of the Local Heritage Advisor program and Local Places Program. Both are listed in the Operational Plan.  Other grants under the Heritage Near me fund will be reviewed and applied for as relevant. The suggestion that a Saddle Road/MacAulay’s Lane Heritage Conservation Management Plan be prepared will be referred to the Council Heritage Advisor for consideration and possible grant funding opportunity.

 

CI1.7.1 Identify future use options for former sewage treatment plant sites:
Consult with Brunswick Heads community about options for Brunswick Heads sewerage treatment station.

Council is currently completing the demolition and remediation of the site. Future use options will then be considered by Council in consultation with the community.

 

CI4.1.5 Implement future options for Tyagarah Airfield:
Consult community regarding future uses of the facility

Options regarding the Tyagarah Airfield can initially be the subject of consultation through the community Transport & Infrastructure Advisory Committee. The studies associated with Resolution 17-121 will be relevant in this regard.

 

CI1.4.1 Implement review of parking management:
Introduce paid parking in Brunswick Heads and Mullumbimby

Parking strategies have been completed and community consultation is underway for Mullumbimby.

The strategy for Brunswick Heads will be reported to Council in the near future before any community consultation in undertaken.

 

EN1.3.1 Implement Coastal Zone Management Program and EN1.4.1 Implement Estuary Management Program:
Review the Coastal Zone Management Plan for the Brunswick Estuary

This Estuary Management Plan for Brunswick Estuary is currently under review in consultation with Office of Environment and Heritage for resubmission to the Minister for certification as a Coastal Zone Management Plan.

 

EN1.1.2 Restore degraded areas and habitats that have or provide significant or high environmental and or community value and EN3.1.2 Support inclusive community environmental and sustainability projects:
Council has not identified any eligible projects for Environment Trust – Council Roadside Reserves Grant Program

Staff are alerted to invitations for grant applications and will seek funding by submission of an application for any appropriate grants.

 

EN1.1.1 Protect and enhance our natural environment and biodiversity:
Inclusion of Saddle Road area has not been included in the Byron Shire Draft Koala Plan of Management

The Byron coast koala planning area comprises approximately 13,790 hectares of land located along the coastal portion of the Byron Local Government Area (BLGA), extending from the BLGA’s boundary with Tweed Shire in the north to its boundary with Ballina Shire in the south. The western boundary is an arbitrarily defined line earlier identified by Council, OEH and DP&E officers that served to delimit that area within which development pressure and other land uses with the potential to impact upon koalas were perceived to be greatest. The Pacific Highway bisects the koala planning area between Brunswick Heads – Billinudgel in the north to where the highway currently exits the planning area boundary in the vicinity of Bangalow to the southwest. Outside of this planning area, other State and Federal legislation applies with respect to the protection of koalas and their habitat.

 

SC3.1.2 Ensure Aboriginal and broader cultural heritage management reflects legislative requirements as well as community expectations and values:
Saddle Ridge should be given special attention as part of the Byron Aboriginal Cultural Heritage Study

An Aboriginal Stakeholder Steering Committee is supporting and informing the Aboriginal Cultural Heritage Study Stage One including site identification through the Shire.

 

E2017/32153

External safety audit as recommended by Local Traffic Committee February 2015

Budget proposed in 2017/18 to undertake audit and implement any approved works within the budget limits.

 

E2017/32238

1. Mullumbimby Swimming Pool and erosion

Staff have previously investigated and will continue to monitor.

 

2. Cease supporting triathlons in Byron Shire

Comments noted.

 

3. Consideration of hydroelectric scheme to power Council’s operations and possibly Mullumbimby township

The Wilsons Creek Power Station was listed on the State Heritage Register June 2014. Approval from the Heritage Council is required for any act, work, development etc.  Notwithstanding the above, a local community group - Community Owned Renewable Energy (CORE) has been investigating the option and feasibility for a Mullum Mini Hydro Project. No formal project has evolved for Council to consider to date.

 

4. Solutions to improve the standard of roads

The Independent Pricing and Regulatory Tribunal has approved a Special Rate Variation that will provide ongoing additional funds for infrastructure renewal including roads.

Once a pot hole forms it breaks the wearing surface and allows water to enter the base and sub base. If the moisture can not escape through drainage then we could have greater issues with the subgrade.

Pot hole repairs are just temporary treatments until that section of road can be excavated, the problem identified then rehabilitated back to the wear surface layer.

Highlighting pot holes with coloured paint puts the individual painter and traffic at risk due to the lack of traffic control. This proposal is not supported.

 

5. Volume of traffic in townships

Speed Zones are the sole responsibility of Transport for NSW. The best way to request a Speed Zone Review is to lodge a request at https://www.saferroadsnsw.com.au/haveyoursay.aspx 

Each pedestrian crossing would have to be accessed individually to see if safety improvements could be made. This can be investigated by staff in the short term.

The benefit with a pedestrian crossing on a street corner is there is a natural 10m No stopping zone to improve sight distance. Also pedestrians are likely to take the shortest route to their destination.

 

6. Providing water bubblers and amenities where they’re needed

The resident will be requested to advise where these water bubblers are needed and then the request referred to the Water Team.

 

7. Commissioning of public art

No action required.

 

E2017/33102

Proposed civil works in the South Beach Road – Brunswick Surf Life Saving Club Parking area

These requested works are for horse trailer parking and associated facilities. It is recommended that this request be scoped and considered in budget discussions for 2018/19.

 

E2017/34165

1. Food and healthy eating

Comments noted.

 

2. Environmental Sustainability

Comments noted.

 

3. Transport

The support for Council’s plans is noted

 

4. Inclusion

Accessible transport is considered relevant to all including those with needs associated with disability.

 

5. Physical Activity

The support for Council’s plans is noted

 

6. Tobacco and Alcohol

Council’s Safer Community Compact 2016-19 has been endorsed by NSW Attorney General. A number of community partnered initiatives to address alcohol related violence are identified and will be implemented over the life of the Safer Community Compact. Council welcomes the participation of NSW Health in projects relating to alcohol related violence as part of the Compact.

 

E2017/33889

1. Signage, Walking and Driving

The request for additional signage for walking and driving around Wategos will be investigated by staff.

The requests for additional construction works for footpaths, roundabouts, landscaping, BBQ areas, and a bike path will be scoped and considered in budget discussions for 2018/19.

2 Brownell Drive, Byron Bay belongs to the Bunjalung of Byron Bay Aboriginal Corp (Arakwal). This private property has uncontrolled parking in Julian Place which is the responsibility of the property owner.

Council will meet with Arakwal to investigate options to solve this issue.

 

2. Surveillance Cameras

It is recommended that this request for installation of surveillance camera be scoped and included in budget discussions for 2018/19.

 

3. Marine Pde Stage 4 has not commenced

It is recommended that this request be scoped and considered in budget discussions for 2018/19.

 

4. Footpath Palm Valley Drive to Marine Parade (Rae’s side)

The red dashed line is currently being investigated as an option to improve pedestrian access from Marine Parade to Lighthouse Road.

It is recommended that this request be scoped and considered in budget discussions for 2018/19.

 

E2017/34490

1.   Pedestrian and cyclist access along Lighthouse Rd and Palm Valley Dr

Council has proposed funding in 2017/18 to undertake a review of its Bike Plan and prepare a Pedestrian and Mobility Plan (PAMP) in 2017/18. The funding for both includes a grant application to RMS. If the grant application is not successful then Council will need to consider whether it funds this work by itself. It is expected that the Bike Plan will identify a prioritised list of bike projects for the future. The plan will cover the routes listed in this submission.

 

2.   Speed Zone Review Request

Speed Zones are the sole responsibility of Transport for NSW. The best way to request a Speed Zone Review is to lodge a request at https://www.saferroadsnsw.com.au/haveyoursay.aspx 

 

3.   Illegal U-turns on Marine Parade near the third speed table from Rae’s.

The timber bollard size was selected as the best choice between strength, amenity and not allowing children to hide completely behind the bollard. Upgrading the timber bollards would require extensive capital works to be carried out and wouldn’t stop people turning around.

Construction of stage 4 would allow motorists to have a better ability to turn around in safer location.

 

4.   Relocate the Lighthouse/Wategos sign on the corner of Palm Valley drive & Lighthouse Rd.

The site has been inspected and due to the steep slope downwards onto NPWS land a custom sign and stand is be required. .

It is recommended that this request be scoped and considered in budget discussions for 2018/19.

 

5.   Vegetation maintenance at junction of Marine Parade and Palm Valley Drive

This vegetation is out side of Councils jurisdiction and under the custody of a trust managed by North Coast Holiday Parks.

 

6.   Road vegetation maintenance on Lighthouse Road and Wategos Beach

Maintenance works have been carried out on roadside vegetation around the Wategos Beach area to improve visibility in traffic lanes. These works are now programmed to be undertaken annually.

 

7.   Annual Traffic Count request for Lighthouse Rd and Marine Pde.

A biannual Standard Traffic Count Program is conducted on Lighthouse Road near the Paterson St intersection.  The traffic counts for Marine Parade will be included in this program

 

8.   Improved tourist signage

It is recommended that this request be scoped and considered in budget discussions for 2018/19.

 

9.   Council to seek funding for tourist signage.

Staff are alerted to invitations for grant applications and will seek funding by submission of an application for any appropriate grants.

 

10.  Improved cyclist access along Lighthouse Rd and Palm Valley Drive

Council has proposed funding in 2017/18 to undertake a review of its Bike Plan and prepare a Pedestrian and Mobility Plan (PAMP) in 2017/18. The funding for both includes a grant application to RMS. If the grant application is not successful then Council will need to consider whether it funds this work by itself. It is expected that the Bike Plan will identify a prioritised list of bike projects for the future. The plan will cover the routes listed in this submission.

 

11.  Road edge maintenance along Lighthouse Rd and Palm Valley Drive

The request will be investigated by staff.

 

12.  Ongoing enforcement of No Camping

The issue of illegal camping will be investigated by rangers and compliance staff.

 

13.  Road and Traffic

It is recommended that the requests for new works of traffic calming, landscape entry treatments, K&G, second entry point into the area, etc be scoped and included in budget discussions for 2018/19.

The design of the revised roundabout at Clifford St intersection, pedestrian refuge across Broken Head Rd and other short term traffic works will be investigated in 2017/18 with the existing funding provided.

 Council has proposed funding in 2017/18 to undertake a review of its Bike Plan and prepare a Pedestrian and Mobility Plan (PAMP) in 2017/18. The funding for both includes a grant application to RMS. If the grant application is not successful then Council will need to consider whether it funds this work by itself. It is expected that the Bike Plan will identify a prioritised list of bike projects for the future. The plan will cover the routes listed in this submission.

The preparation of both plans will include consultation with the community.

The preparation of the new plan will include bike paths from Suffolk Park into Byron Bay.

 

E2017/35805

1.   Sports Field

Comments noted

 

2.   Lake Area

Comments noted

 

3.   Sports Activity

Comments noted

 

4.  New Suffolk Community Land

Item 4 and 6 of Council resolution 16-587 with regard to the purchase of the Department of Education land at Suffolk Park states:

“4 That upon completion of the purchase the General Manager does all acts and things necessary to classify the land as community land and amend the Byron Local Environmental Plan to rezone the land to RE1 Public Recreation in the next housekeeping amendment.” 

“6 That Council, upon the purchase of the land, begin discussions with the community of Suffolk Park to ascertain the preferred uses of the land in question.”

As at the date of writing this response the sales process is proceeding but has not as yet been completed. 

It is recommended that Council allocate a budget of $55,000 from the Suffolk Park Open Space Section 94 account to prepare a plan of management, rezone the land and design and consult on the proposed works. 

Upon completion of the design and consultation the works can be costed and a budget allocated for construction in a quarterly review. 

 

5.  Footpath

This request for a footpath is currently being investigated by staff.

The footpath extension is partially on Council and NPWS managed land so it will take time to negotiate a location for a footpath.

 

6.  Vehicular movement eastern end      Marine Parade

The requests for additional construction works for footpaths, roundabouts, landscaping, etc will be scoped and considered in budget discussions for 2018/19.

 

E2017/39675

Parking – drainage Julian Place

2 Brownell Drive, Byron Bay belongs to the Bunjalung of Byron Bay Aboriginal Corp (Arakwal). This private property has uncontrolled parking in Julian Place which is the responsibility of the property owner.

Council will meet with Arakwal to investigate options to solve this issue.

 

E2017/44374

1.  Accessible Cycleways and Walkways

Council has proposed funding in 2017/18 to undertake a review of its Bike Plan and prepare a Pedestrian and Mobility Plan (PAMP) in 2017/18. The funding for both includes a grant application to RMS. If the grant application is not successful then Council will need to consider whether it funds this work by itself. It is expected that the Bike Plan will identify a prioritised list of bike projects for the future. The plan will cover the routes listed in this submission.

The preparation of both plans will include consultation with the community.

 

2.  Traffic management at the intersection of Bangalow Rd and Old Bangalow Rd in Byron Bay

It is recommended that this request be scoped and considered in budget discussions for 2018/19.

 

E2017/47738

Community Infrastructure CI 1.5

The report is being progressed through the Coastal Catchment Management Panel and Council. Once a resolution is adopted by Council, works will be implemented.

 

Community Infrastructure CI 2

Council is currently preparing a plan of management for the Valences Rd site that will include energy initiatives and possible cooperative projects with COREM/Enova. Solar farm schemes (new and expanded) are also being reviewed for the other STP sites.

 

E2017/47740

1.  Condition of roads

In the short term the potholes will be filled.

In the long term, the Independent Pricing and Regulatory Tribunal has approved a Special Rate Variation that will provide ongoing additional funds for infrastructure renewal including roads.

 

McGettigan’s Lane pot holes have been repaired between Parkway Drive North entrance and Ewingsdale Road on Thursday 25/05/2017.

Parkway Drive intersection with Avocado Crescent has been raised by the resident as having a rough surface and a 2018/19 budget bid has been created for a 200m long pavement renewal project.

 

E2017/48045

Community health and resilience

Request for Council to support and to fund 3 projects:

·   Centre for Ecoversity Teaching

·   Byron Water Protectors

·   Global Repair Summit

Council has an existing Sustainability and Environment program that can support initiatives and projects like these. Each request is considered on its merits and within annual budget allocations.

 

E2017/40045

Carlyle Street

It is recommended that this request be scoped and considered  in budget discussions for 2018/19

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table 2 – 2017/2018 Budget

 

Doc No.

Regarding

Staff comment

E2017/35645

Heritage Listed interpretative signage – suggested item to include in 2017/18 budget

Staff are alerted to invitations for grant applications and will seek funding by submission of an application for any appropriate grants.

For 2017/18 and 2018/19 Council has been successful in receiving grant funds from the NSW Heritage Office for the continuation of the Local Heritage Advisor program and Local Places Program. Both are listed in the Operational Plan.  The suggestion that a grant be applied for Interpretative Signage for the WW1 Memorial Pine Park will be referred to the Council Heritage Advisor for consideration and possible grant funding opportunity.

E2017/44361

SC3.3 Encourage and support residents from cultural and linguistically diverse backgrounds to participate in all aspects of community

A budget includes a vote of $1,000 to support Harmony Day activities. A range of support mechanisms including development of a CALD network and identification of priorities for CALD communities are identified activities in the 17/18 financial year.

E2017/48043

Australia Indonesia Hub Project

Council will be developing an international partnership strategy during 2017/18 and the Indonesian Hub proposal may fit within this. It is recommended that should Council include an additional $3,000 allocation in the 2017/18 budget, that this amount be funded from the unallocated S356 donations budget of $36,200 in the Community Development Program.

 

 

Table 3 – 2017/2018 Fees and Charges

 

Doc No.

Regarding

Staff comment

E2017/29735,
E2017/29737

Tyagarah Airfield – suggested adjustment to fees and charges

Comments noted.

E2017/47736

Byron Bay Basketball Association Fees

Current court hire fees are comparable, if not below, the fees charged by Regional Centres at Coffs Harbour, Port Macquarie, Grafton, Tamworth and Yamba. Ref E2017/48641

MOU is underway in consultation with BBBA to address the possibility of volunteerism to reduce weekend and night costs.

Council could consider offering Sunday off peak rates to regular users to increase utilization and alleviate training costs for the club.

 

Management Comments – Community Strategic Plan

 

The community and economic profile section of the Community Strategic Plan has been updated with 2011 census data from the Australian Bureau of Statistics.  The previous version had 2006 figures. 

 

Management Comments – Delivery/Operational Plan

 

The Mayor’s message and infographic on key capital projects will be updated following adoption by Council and final publication of the 2017-2021 Delivery Plan incorporating the 2017/2018 Operational Plan.

 

Management Comments – 2017/2018 Revenue Policy

 

Subject to another report to this Ordinary Meeting of Council concerning the making of Rates and Charges, the 2017/2018 Revenue Policy is proposed to be amended as follows:

 

·    Removal of the Rating Structure option that provided for the increase in Council’s rate revenue to comply with the 1.5% rate peg for 2017/2018, which is a required disclosure, should the Council’s application for a Special Rate Variation had not been approved.  The Rating Structure for 2017/2018 containing the Special Rate Variation approval and redistribution of the rating yield between Residential, Business and Farmland rating categories as publicly exhibited has been retained.

·    The Office of Local Government has announced via Circular 17-09 dated 18 May 2017 the maximum interest rate on overdue rates and charges of 7.50% per annum for the 2017/2018 financial year representing as reduction of 1.0% from the interest rate of 8.50% per annum applicable in 2016/2017. Council traditionally applies the maximum interest rate and the 2017/2018 Revenue Policy will be updated to reflect this.

·    There are proposed amendments to waste collection charges placed on public exhibition not in terms of cost of the service but to clarify disclosure around the type of service and frequency of collection as follows:

 

Council advertised the addition a new bundled weekly 3 bin collection service for urban domestic customers with a choice of either a 80, 140 or 240 litre mixed waste bin. The 80 litre service was removed as it is unavailable and the Draft 2017/2018 Revenue Policy placed on public exhibition incorrectly listed the recycling as being a fortnightly instead of weekly service frequency. These services are also subject to Council approval as they may not be available to some areas (dependent upon the contractor) and a notation to this effect has been added to the 2017/2018 Revenue Policy document that will be published.

The frequency of collection of the mixed waste bin for the existing 2 bin multi unit development bundled collection services was erroneously listed as fortnightly instead of weekly.

 

·    Given all the publicity and work behind the scenes by all Councils in NSW to implement the Fire and Emergency Services Levy (FESL) on behalf of the NSW State Government to be collected on the Council rate notice, Council was by surprise so close to implementation that the Premier and Treasurer of the NSW Government announced on 30 May 2017 the FESL implementation will be deferred.  This means this charge that is not Council revenue will not be listed on Council rate notices for the 2017/2018 financial year.  It is also not clear if or when the NSW State Government proposes to revisit this proposed reform.  A copy of the media release issued by the NSW Government is provided at Attachment 2.

 

Management Comments – 2017/2018 Fees and Charges

 

Aside from the public submissions received regarding the proposed fees and charges outlined in Table 3 to this report, there are further proposed amendments to the fees and charges that should Council approve will require  public exhibition for a period of 28 days in accordance with Section 610F of the Local Government Act 1993.  These proposed amendments are:

 

·    Addition of a new fee  known as an Information Technology Service Fee levied against all Development Applications received to assist in the cost recovery of:

The implementation and ongoing costs of the State governments ePlanning reforms and other technology related initiatives;

The introduction of e-forms, which is a powerful tool that will allow for technical officers to carry out a range of off-site  services such as inspections and to investigate an integrated assessment report for development and associated applications, with the ability to integrate with existing document management software.

Contribution towards and improvements in hardware and software licences relating to DAs online server hardware, firewall hardware, GMP connection, Civica’s ‘Authority’ product and TRIM document tracking;

Records staff servicing DA requests

It is proposed to set the Information and Technology Service Fee at 0.07% of the value of new Development Applications received.

·    Addition of a new fees relating to Temporary Food Businesses (ie Market Stalls) for inspections to be set at $80 for high risk (PHF processing, temperature control required, multi step processing), $60 for medium risk (coffee and cakes, pastries without cream/custards, any taste testing even if low risk food eg pickles/sauce), $40 for low risk (fruit and vegetables only, bottled jams/preserves/pickles, low risk packaged goods ie no refrigeration required, eggs)

 

·    The Office of Local Government have advised that the fee for 2017/2018 for Section 603 property certificates have been set at $80 by Circular 17-09 on 18 May 2017.  Given this fee is a statutory fee not set by Council, it is proposed not to advertise this particular fee but to update Council’s adopted fees and charges accordingly.

 

·    Alter the wording associated with Environmental Health and Compliance Fees relating to the service of notices and orders to include ‘S238 of Roads Act 1993’ to allow Council to charge cost recovery fee for notices relating to Roads Act offences. As this amendment is not to the fee itself that was advertised but is to wording, it is proposed not to advertise this particular fee but to update Council’s adopted fees and charges accordingly.

 

·    Alter the wording associated with fees for Annual Food Business Administration – Small food business due to a change in legislation to include ‘Per premises under Food Regulation 2015 Part 3 Clause 15. As this amendment is not to the fee itself that was advertised but is to wording, it is proposed not to advertise this particular fee but to update Council’s adopted fees and charges accordingly.

 

·    Deletion of Subdivision Application Fees currently included in the Draft 2017/2018 Fees and Charges that are duplicated with Development Application Subdivision Fees.

 

·    Alter the wording associated with Construction Certificate fees for subdivisions by removing the wording ‘per hour per lot’ and replacing the wording with ‘per lot’.

 

Management Comments – 2017/2018 Budget Estimates

 

Refer to Financial Implications Section below.

 

Financial Implications

 

The Draft 2017/2018 Statement of Revenue Policy placed on public exhibition in accordance with resolution 17-139 is based on the 2016/2017 budget reviewed at 31 December 2016 with various changes to reflect the increased price of service delivery across all programs developed from the input received from each Council Directorate.

 

The Draft 2017/2018 Budget Result placed on public exhibition on a Consolidated (All Funds) basis forecast a surplus result of $50,000 with details of that result being included below at Table 4

 

Table 4 – Forecast Budget Result 2017/2018 Consolidated (All Funds)

 

Item

Amount $

Operating Result

 

Operating Revenue

75,503,500

Less: Operating Expenditure

74,873,600

Operating Result – Surplus/(Deficit)

629,900

 

 

Funding  Result

 

 

 

Operating Result – Surplus/ (Deficit)

629,900

Add: Non cash expenses – Depreciation

13,175,500

Add: Capital Grants and Contributions

24,867,700

Add: Loan Funds Used

2,160,000

Add: Asset Sales

0

Less: Capital Works

(44,685,100)

Less: Loan Principal Repayments

(2,639,800)

Funding Result – Surplus/(Deficit) (Cash Movement)

(6,491,800)

Reserves Movement – Increase/(Decrease)

(6,541,800)

Overall Budget Result – Surplus/(Deficit) (Operating + Funding)

50,000

 

Table 4 above assumed inclusion of the additional revenue that would be provided by the Special Rate Variation (SRV) for the 2017/2018 financial year if it was approved.  As Council has now been provided advice from the Independent Pricing and Regulatory Tribunal (IPART), of that approval, the alternate budget option that was also reported to Council at its Ordinary Meeting held on 20 April 2017 without the SRV option has not been reproduced but the Budget result with or without the SRV option is still the same.  Table 5 below provides the indicated unrestricted cash balance of Council estimated at 30 June 2018 based on the Draft 2017/2018 Budget Estimates placed on public exhibition.

 

Table 5 – Forecast General Fund Unrestricted Cash Balance

 

Item

$

Forecast unrestricted cash balance to 30 June 2017 at 31 December 2016 Budget Review

1,146,500

Add: Estimated initial draft 2017/2018 budget result

50,000

Forecast unrestricted cash balance at 30 June 2018

1,196,500

 

During the public exhibition period, the Draft 2017/2018 Statement of Revenue Policy incorporating the Draft 2017/2018 Budget Estimates has been further reviewed.  The revised budget position is summarised in Table 6 below:

 

Table 6 – Forecast Budget Result 2017/2018 Consolidated (All Funds) revised during public exhibition period

 

Item

Amount $

Operating Result

 

Operating Revenue

74,074,900

Less: Operating Expenditure

75,603,400

Operating Result – Surplus/(Deficit)

(1,528,500)

 

 

Funding  Result

 

 

 

Operating Result – Surplus/ (Deficit)

(1,528,500)

Add: Non cash expenses – Depreciation

13,175,500

Add: Capital Grants and Contributions

26,917,700

Add: Loan Funds Used

2,160,000

Add: Asset Sales

0

Less: Capital Works

(51,445,400)

Less: Loan Principal Repayments

(2,639,800)

Funding Result – Surplus/(Deficit) (Cash Movement)

(13,360,500)

Reserves Movement – Increase/(Decrease)

(13,367,800)

Overall Budget Result – Surplus/(Deficit) (Operating + Funding)

7,300

 

Table 6 indicates a forecasted surplus budget result and this relates to the General Fund.  The forecast General Fund Unrestricted Cash Balance position based on the Draft Budget included at Table 6 is outlined in Table 7 below:

 

Table 7 – Forecast General Fund Unrestricted Cash Balance

 

Item

$

Forecast unrestricted cash balance to 30 June 2017 at 31 March 2017 Budget Review

1,145,200

Add: Estimated initial draft 2017/2018 budget result

7,300

Forecast unrestricted cash balance at 30 June 2018

1,152,500

 

The revised Draft 2017/2018 Budget Estimates are also suggesting that Council’s overall revenue and operational expenses are expected to be derived from the following sources and allocated respectively as outlined in the graphs below:

 

 

 

In addition to the operational aspects of the Draft 2017/2018 Budget Estimates as revised during the public exhibition period, Council is now preparing a capital works program of $51.45million. This amount includes $41.86million in the General Fund, $3.06 million in the Water Fund and $6.52million in the Sewerage Fund.  In terms of overall proposed capital works expenditure, the graph below indicates the proportionate allocation by Budget Program:

 

 

The major changes to the proposed Draft 2017/2018 Budget Estimates have been realised by the following factors:

 

Council Resolutions:

 

·    Council at its Ordinary Meeting held on 25 May 2017 resolved 17-201 part 4 “That Council allocate the proposal in the Capital Works program for 2017/18 for the Broken Head Road – Off Road Shared path with a budget of $292,600 to an On Road cycleway along Bangalow Street, Byron Bay to Suffolk Park’. This amendment has been made to the Draft 2017/2018 Budget Estimates.

 

·    Council at its Ordinary Meeting held on 25 May 2017 considered Notice of Motion 9.4 Lowering Flood Levels in North Byron Floodplain.  Council’s resolution 17-189 part 4 requires that to support resolution 17-189 part 1 and 2 that ‘staff provide funding source options and wider financial implications to the 22 June 2017 Council meeting, to be considered as part of the adoption of the 2017/18 Operational Plan’. The resolution asks Council to consider doubling the funding for north urban drainage maintenance and rural drainage maintenance to speed up works in Marshalls Creek Floodplain. 

 

Based on the funding provided in 2016/2017 for north urban drainage and rural drainage maintenance, this totalled $242,600.  If Council were to double this funding level it would need to provide total funding of $485,200.  Current provisions in the 2017/2018 Draft Budget Estimates is $282,900 so Council would need to find $202,300. 

 

Should Council wish to consider providing a further $202,300, following review of potential funding sources, Infrastructure Services have indicated Council could reduce the funding proposed to be allocated to the Lighthouse Road project between Massinger Street and Tallows Beach Road.  There is $350,000 proposed to be allocated to this project so if the $202,300 was reallocated to north urban and rural drainage maintenance, this would leave $147,700 to undertake some works and reconsider the remaining works for the 2018/2019 financial year.  In providing this option for Council’s consideration, in response to resolution 17-189 part 4, it should be noted this option is for the 2017/2018 financial year only.  This approach would be consistent with resolution 17-189 part 3 which recommends the drainage program be reviewed annually.  The request of staff in respect of this resolution was to provide an option but this option is not currently included in the Draft 2017/2018 Budget Estimates outlined in Table 7.  Should Council wish to proceed, it would need to adopt this option as well when adopting the overall 2017/2018 Budget Estimates.

 

Other Adjustments: 

 

Aside from the resolutions of Council outlined above, there are proposed adjustments to the Draft 2017/2018 Budget Estimates that are reflected in the Budget result presented in Table 7 of this report.  These adjustments include:

 

·    As part of the 2017/2018 Federal Budget handed down on 9 May 2017, The Federal Government have determined to advance 50% of the Financial Assistance Grants for the 2017/2018 financial year prior to the end of the 2016/2017 financial year.  This will require Council to reduce its Financial Assistance Grant revenue in 2017/2018 by an estimated $1,460,500.  This will have no impact on the overall budget result as the advance funding received in 2016/2017 will be restricted in reserve and carried forward to the 2017/2018 financial year.

 

·    Council upon adopting the 31 March 2017 Quarterly Budget Review removed $6.854million in works/projects within the Infrastructure Services Directorate that would not be completed in the 2016/2017 financial year.  These works and their funding have been added to the proposed 2017/2018 Budget to be completed during the 2017/2018 financial year.

 

·    A memo was provided to Councillors prior to the 20 April 2017 Ordinary Council Meeting following review of the Cavanbah Centre Budget Program by the Finance Advisory Committee.  The memo suggested a number of revisions to Cavanbah Centre budgets that will improve the budget result of the Cavanbah Centre by $90,000 and that of the General Fund.  These budget adjustments were not adopted by Council prior to public exhibition of the Draft 2017/2018 Budget Estimates but are now included into the budget result outlined at Table 7 to this report.

 

·    There is an additional $56,500 required to fund revised staffing structure within the Sustainable Environment and Economy Directorate across Environmental Health, Compliance, Economic Development and Planning Policy and Natural Environment Budget Programs.

 

·    Provide an additional $64,000 to fund the net cost of the dedicated Grants Officer that was not included in the original Draft 2017/2018 Budget Estimates but should have been within the Governance Services Budget Program.

 

·    With the NSW Government not proceeding with the implementation of the Fire and Emergency Services Levy, this will require a reduction of revenue from the Finance Budget Program of $18,000 as estimated revenue payable by NSW Treasury for administration of the FESL will now not occur and needs to be removed from the Draft 2017/2018 Budget Estimates.

 

·    Provide an additional $12,600 to undertake the New Years Eve event for 2017/2018 with funding sourced from the Special Event and Mitigation Reserve and provide an additional $11,500 for traffic management related to the event funded from budgets in the Community Development Budget Program not required.

 

·    Provide $55,000 to undertake a Plan of Management for the Suffolk Park Sportsfields funded from Section 94 Open Space for Suffolk Park to be undertaken subsequent to the land purchase by Council being completed.

 

·    Provide $20,000 to undertake the survey, design and consultation for the Bay Lane footpath and shared zone with funding provided by Section 94A funds.

 

Council in the preparation of its Operational Plan is required to include a number of statements in relation to its Revenue Policy for 2017/2018.  This includes a statement containing the estimate of Council’s Income and Expenditure or Budget for this period.  The other statements identified in Clause 201 of the Local Government (General) Regulation 2005 are in the main dependant upon the rate pegging limits approved by the Minister for Local Government (now the Independent Pricing and Regulatory Tribunal (IPART)), any application for a special rate variation and Council’s decisions in relation to expenditure, income and the associated fees and charges.

 

The assumptions/parameters used in preparing the Draft 2017/2018 Budget Estimates as presented in this report for Council’s consideration include the following:

 

·    Special Rate Variation of 7.5% as approved by the Independent Pricing and Regulatory Tribunal (IPART) inclusive of the 1.5% rate peg increase determined previously by IPART for 2017/2018.

·    Indexation of expenditure limited to 0.5% where possible to assist in deriving a 1% efficiency gain.

·    Allowance of the 2.0% pay increase applicable in 2017/2018 under the Local Government (State) Award.  The current Local Government (State) Award expires on 30 June 2017 and a new Award is still to be finalized at the time of preparing this report.

·    New loan borrowings of $6million between 2017/2018 to 2019/2020 devoted to bridge replacement programs.

·    Interest on investments around 2.6% plus active management of the investment portfolio to keep it short around three month maturities to take opportunities of market offerings or longer term investments to follow Council’s resolution regarding Environmental and Socially Responsible Investments..

·    Reflective of the Actions contained in the Draft 2017/2018 Operational Plan.

 

The immediate financial forecast of the General Fund has been discussed in detail in this report, however it is suggested Council needs to look at its longer term financial position, especially in the area of infrastructure maintenance and renewal in comparison to other areas of service provided.   This is especially so given the requirements stipulated by the NSW State Government as part of its ‘Fit for the Future’ reform, and the focus for Council of it approved Special Rate Variation (SRV) for 2017/2018 to 2020/2021 financial years.

 

The Water and Sewer budgets have been prepared with pricing to generate the required revenue to repay debt (Sewer), to address capital works and ongoing maintenance works in these Funds whilst providing no increase in service pricing for 2017/2018.

 

Whilst this report is concerned with the oncoming 2017/2018 financial year, Council also needs to consider its longer term financial projections.  The budget projections realistically still demonstrate the difficulty Council has absorbing additional costs without corresponding revenue.  It can only be emphasised that Council must consider carefully the long term implications on its finances, in any consideration to add a new asset/service. 

 

Statutory and Policy Compliance Implications

 

In regard to Strategic Planning, Chapter 13, Part 2 of the Local Government Act 1993 states:

 

402 Community strategic plan

(1)  Each local government area must have a community strategic plan that has been developed and endorsed by the council. A community strategic plan is a plan that identifies the main priorities and aspirations for the future of the local government area covering a period of at least 10 years from when the plan is endorsed.

(2)  A community strategic plan is to establish strategic objectives together with strategies for achieving those objectives.

(3)  The council must ensure that the community strategic plan:

(a)  addresses civic leadership, social, environmental and economic issues in an integrated manner, and

(b)  is based on social justice principles of equity, access, participation and rights, and

(c)  is adequately informed by relevant information relating to civic leadership, social, environmental and economic issues, and

(d)  is developed having due regard to the State government’s State Plan and other relevant State and regional plans of the State government.

(4)  The council must establish and implement a strategy (its community engagement strategy), based on social justice principles, for engagement with the local community when developing the community strategic plan.

(5)  Following an ordinary election of councillors, the council must review the community strategic plan before 30 June following the election. The council may endorse the existing plan, endorse amendments to the existing plan or develop and endorse a new community strategic plan, as appropriate to ensure that the area has a community strategic plan covering at least the next 10 years.

(6)  A draft community strategic plan or amendment of a community strategic plan must be placed on public exhibition for a period of at least 28 days and submissions received by the council must be considered by the council before the plan or amendment is endorsed by the council.

(7)  Within 28 days after a community strategic plan is endorsed, the council must post a copy of the plan on the council’s website and provide a copy to the Departmental Chief Executive. A copy of a community strategic plan may be provided to the Departmental Chief Executive by notifying the Minister of the appropriate URL link to access the plan on the council’s website.

 

403 Resourcing strategy

(1)  A council must have a long-term strategy (called its resourcing strategy) for the provision of the resources required to implement the strategies established by the community strategic plan that the council is responsible for.

(2)  The resourcing strategy is to include long-term financial planning, workforce management planning and asset management planning.

 

404 Delivery program

(1)  A council must have a program (its delivery program) detailing the principal activities to be undertaken by the council to implement the strategies established by the community strategic plan within the resources available under the resourcing strategy.

(2)  The delivery program must include a method of assessment to determine the effectiveness of each principal activity detailed in the delivery program in implementing the strategies and achieving the strategic objectives at which the principal activity is directed.

(3)  The council must establish a new delivery program after each ordinary election of councillors to cover the principal activities of the council for the 4-year period commencing on 1 July following the election.

(4)  A draft delivery program must be placed on public exhibition for a period of at least 28 days and submissions received by the council must be considered by the council before the delivery program is adopted by the council.

(5)  The general manager must ensure that regular progress reports are provided to the council reporting as to its progress with respect to the principal activities detailed in its delivery program. Progress reports must be provided at least every 6 months.

 

405 Operational plan

(1)  A council must have a plan (its operational plan) that is adopted before the beginning of each year and details the activities to be engaged in by the council during the year as part of the delivery program covering that year.

(2)  An operational plan must include a statement of the council’s revenue policy for the year covered by the operational plan. The statement of revenue policy must include the statements and particulars required by the regulations.

(3)  A council must prepare a draft operational plan and give public notice of the draft indicating that submissions may be made to the council at any time during the period (not less than 28 days) that the draft is to be on public exhibition. The council must publicly exhibit the draft operational plan in accordance with the notice.

(4)  During the period of public exhibition, the council must have for inspection at its office (and at such other places as it may determine) a map that shows those parts of its area to which each category and sub-category of the ordinary rate and each special rate included in the draft operational plan applies.

(5)  In deciding on the final operational plan to be adopted, a council must consider any submissions that have been made concerning the draft plan.

(6)  The council must post a copy of its operational plan on the council’s website within 28 days after the plan is adopted.

 

406 Integrated planning and reporting guidelines

(1)  The Departmental Chief Executive is to establish integrated planning and reporting guidelines (referred to in this Chapter as the guidelines) for the purposes of this Chapter.

(2)  The guidelines can impose requirements in connection with the preparation, development and review of, and the contents of, the community strategic plan, resourcing strategy, delivery program, operational plan, community engagement strategy, annual report and state of the environment report of a council.

(3)  In particular (but without limiting subsection (2)), the guidelines can impose requirements in relation to any of the following:

(a)  the procedures to be followed in the preparation, development or review of plans, strategies, programs and reports,

(b)  the matters to be addressed or provided for by plans, strategies, programs and reports,

(c)  requirements for consultation in connection with the preparation, development or review of plans, strategies and programs,

(d)  the matters to be taken into account or to which regard is to be had in connection with the preparation, development or review of plans, strategies, programs and reports.

(4)  A council must ensure that the requirements of the guidelines are complied with.

(5)  The guidelines can include other material for the guidance of councils in connection with the plans, strategies, programs and reports to which this section applies.

(6)  The Departmental Chief Executive may review and amend the guidelines from time to time.

(7)  The guidelines and any amendment of the guidelines must be posted on the Department’s website and notified in writing to each council by the Departmental Chief Executive.

 

Section 405(2) of the Local Government Act requires that the Statement of the Council’s Revenue Policy that must be included on the Operational Plan. Clause 201 of the Local Government (General) Regulation 2005 details the statements and information that must be included in the Revenue Policy and has been reproduced below:

 

201 Annual statement of council’s revenue policy

(1)   The statement of a council’s revenue policy for a year that is required to be included in an operational plan under section 405 of the Act must include the following statements:

(a)   a statement containing a detailed estimate of the council’s income and expenditure,

(b)   a statement with respect to each ordinary rate and each special rate proposed to be levied,

Note: The annual statement of revenue policy may include a note that the estimated yield from ordinary rates is subject to the specification of a percentage variation by the Minister if that variation has not been published in the Gazette when public notice of the annual statement of revenue policy is given.

(c)   a statement with respect to each charge proposed to be levied,

(d)   a statement of the types of fees proposed to be charged by the council and, if the fee concerned is a fee to which Division 3 of Part 10 of Chapter 15 of the Act applies, the amount of each such fee,

(e)   a statement of the council’s proposed pricing methodology for determining the prices of goods and the approved fees under Division 2 of Part 10 of Chapter 15 of the Act for services provided by it, being an avoidable costs pricing methodology determined by the council in accordance with guidelines issued by the Director-General,

(f)    a statement of the amounts of any proposed borrowings (other than internal borrowing), the sources from which they are proposed to be borrowed and the means by which they are proposed to be secured.

(2)   The statement with respect to an ordinary or special rate proposed to be levied must include the following particulars:

(a)   the ad valorem amount (the amount in the dollar) of the rate,

(b)   whether the rate is to have a base amount and, if so:

(i)    the amount in dollars of the base amount, and

(ii)   the percentage, in conformity with section 500 of the Act, of the total amount payable by the levying of the rate, or, in the case of the rate, the rate for the category or sub-category concerned of the ordinary rate, that the levying of the base amount will produce,

(c)   the estimated yield of the rate,

(d)   in the case of a special rate-the purpose for which the rate is to be levied,

(e)   the categories or sub-categories of land in respect of which the council proposes to levy the rate.

(3)   The statement with respect to each charge proposed to be levied must include the following particulars:

(a)   the amount or rate per unit of the charge,

(b)   the differing amounts for the charge, if relevant,

(c)   the minimum amount or amounts of the charge, if relevant,

(d)   the estimated yield of the charge,

(e)   in relation to an annual charge for the provision by the council of coastal protection services (if any)-a map or list (or both) of the parcels of rateable land that are to be subject to the charge.

(4)   The statement of fees and the statement of the pricing methodology need not include information that could confer a commercial advantage on a competitor of the council.

 

In accordance with clause 406 of the Local Government (General) Regulation 2005 the following provision applies in relation to the authorisation of expenditure.

 

211 Authorisation of expenditure

(1)  A council, or a person purporting to act on behalf of a council, must not incur a liability for the expenditure of money unless the council at the annual meeting held in accordance with subclause (2) or at a later ordinary meeting:

(a)   has approved the expenditure, and

(b)   has voted the money necessary to meet the expenditure.

(2)  A council must each year hold a meeting for the purpose of approving expenditure and voting money.

(3)  All such approvals and votes lapse at the end of a council’s financial year. However, this subclause does not apply to approvals and votes relating to:

(a)   work carried out or started, or contracted to be carried out, for the council, or

(b)   any service provided, or contracted to be provided, for the council, or

(c)   goods or materials provided, or contracted to be provided, for the council, or

(d)   facilities provided or started, or contracted to be provided, for the council,

       before the end of the year concerned, or to the payment of remuneration to members of the council’s staff.

 

The following provision of the Local Government Act applies in relation to the public notice of fees determined by Council.

 

610F Public notice of fees

(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.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Sub-lease to Mullumbimby and District Neighbourhood Centre

Directorate:                 Corporate and Community Services

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2017/581

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council holds a current Trust lease over 55 Dalley Street Mullumbimby NSW 2482, known as the ‘Old Council Chambers’.  The lease permits Council to sub-let the premises for business purposes.

 

The Department of Industry Lands and Forestry has consented to a sub-lease for the term of five (5) year with a five (5) year option to renew to the Mullumbimby and District Neighbourhood Centre Incorporated to commence on 1 August 2017.

 

This report recommends that Council grant a sub-lease to the Mullumbimby and District Neighbourhood Centre Incorporated for the provision of community welfare services and that a 50 per cent rent rebate is provided through a section 356 donation from Council.

 

  

 

RECOMMENDATION:

1.       That Council grant and execute a sub-lease to the Mullumbimby and District Neighbourhood Centre Incorporated, subject to Crown consent for Crown Reserve R540006, being Lot 8 Section 8 DP 758725, 55 Dally Street Mullumbimby NSW 2482, known as the ‘Old Council Chambers’, on the following terms:

 

a)      Commencement date 1 August  2017;

b)      Term five (5) years with five (5) year option to renew;

c)      Terminate Date 31 July 2022 and 31 July 2027;

d)      Initial Rent $29,880 per annum; and

e)      Rebate applied for Community Purpose (currently 50 per cent) in accordance with Crown Land Division’s relevant Rebate Policy of the day.

 

2.       That Council:

 

a)      subsidise the Rent following the application of the Rebate for Community Purpose (50 per cent of the annual sub-lease rent) to the value of $14,940, by way of a section 356 donation from Council to the Mullumbimby and District Neighbourhood Centre Inc., to be provided for in the 2017/2018 Budget, and the forward Long Term Financial Plan; and

b)      advertise the section 356 donation proposed to be made; and

c)      meet the costs of the Crown land application to transfer a Crown holding of $151.00 and $500.00 sub-lease preparation fee.

 

 

 

 

 


 

Report

 

Land information

 

Crown Reserve R540006 Lot 8 Section 8 DP 758725, 55 Dally Street Mullumbimby NSW 2482, known as the ‘Old Council Chambers’.

Reserve Trust – Mullumbimby Reserve Trust.

Trust Manager – Byron Shire Council.

Gazetted – 16 September 1925

Gazetted purpose – Site for Council Chambers.

 

Trust Lease

 

Byron Shire Council holds a Trust Lease RE453912, over Lot 8 Section 8 Deposited Plan 758725, known as the ‘Old Council Chambers’ that expires on 31 July 2032.  In accordance with that Lease, Council is permitted to sub-lease the premises for business purposes.

 

In 2012 Council resolved (Resolution 12-600) to sub-lease the premises for a term of five (5) years to the Mullumbimby and District Neighbourhood Centre (‘MDNC’), which is due to expire on 31 July 2017.

 

Purpose of Sub-lease

 

MDNC requires the new sub-lease for the purpose of community welfare services.  MDNC is a not-for-profit community organisation that is run as a business under the control of a Management Committee.  MDNC receives financial grants from the Federal and State Governments and other individual donations. The business purpose of MDNC is the provision of community welfare services, is a compatible with the business purpose of Lease RE453912.

 

More specifically, the continuation of the current sub-lease would enable the provision of community welfare services that include:

 

·   Emergency Relief and financial counselling for community members experiencing poverty and disadvantage,

·   A range of prevention and intervention programs in response to Domestic and Family Violence,

·   Women’s support and resource services,

·   Child safety programs and parenting support, including targeted support for the local Indigenous community,

·   Support for older people, including computing skills and social inclusion activities,

·   Support for disengaged local young people and

·   Access to funded programs and services from mental health and disability support to tax help and Justice of the Peace functions.

 

Purposed Term of the sub-lease

 

The Department of Industry Lands and Forestry has consented to a new sub-lease for a term of five (5) years with an option of a five (5) year renew over the premise. MDNC, as the sole provider of many community welfare services to the Mullumbimby district, has requested a longer-term sub-lease to allow for long-term business planning as essential to meet the growing demand for community welfare services to the area.

 

 

 

 

 

 

Market Rent

 

The market rent reasonably expected to the paid for the Premises during the term of the sub-lease has been calculated at $29,880 per annum.  This value has been derived by the agreed formula of 6 per cent of the Valuer General’s Unimproved Capital Land Value published on 1 July 2015 which was $498,000.

 

Subsidised rent

 

MDNC is a registered not-for-profit community service organisation with a Charity ABN 88625199635, and is eligible for a rebate. This is in accordance with clause 2.2(b)(ii) of the NSW Government Department of Primary Industries Catchment & Lands rent concessions and hardship relief for Crown Land tenure holders guideline. In accordance with clause 2.8 of the guidelines the maximum eligible rebate for a community organisation is 50 per cent. The Department of Industry Lands and Forestry approved a 50 per cent rebate ($14,940) to the initial rent of $29,880 per annum.

 

MDNC has sought a Council section 356 donation for the remaining 50 per cent of rent ($14,940) and requested that Council meet the costs of $651 (inclusive of GST) for the Crown Land application fee ($151) to transfer a Crown holding and a lease preparation fee of ($500) as stated in Council’s 2016/2017 fees and charges.

 

Financial Implications

 

The total rent payable by the MDNC under the sub-lease is $29,880 per annum.  In accordance with the NSW Government Department of Primary Industries Catchment & Lands rent concessions and hardship relief for Crown Land tenure holders’ guideline, clause 2.8 provides a maximum rebate for a community organisation of 50 per cent being $14,940 per annum.

 

MDNC requested a subsidy of $651 (inclusive of GST) from Council by way of a section 356 of the Local Government Act.  This is for the Crown Land application fee ($151) to transfer a Crown holding and a lease preparation fee of ($500) as stated in Council’s 2016/2017 fees and charges.

 

Statutory and Policy Compliance Implications

 

The Local Government Act 1993 section 356 outlines how Council can provide financial assistance and Council’s policy ‘3.13 donations to community organisations other groups and persons’ further outlines the process.

 

As the parcel of plan is on a Crown Reserve section 34A of the Crown Lands Act 1989 which outlines requirements for granting a lease.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Sub-lease to the Byron Youth Service

Directorate:                 Corporate and Community Services

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2017/582

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council holds a current Trust lease over 34 Gordon Street Mullumbimby NSW 2482, known as the ‘Old War Widows Cottage’.  The lease permits Council to sub-let the premises for business purposes.

 

The Department of Industry Lands and Forestry has approved a five (5) year lease to the Byron Youth Service Inc to commence on 1 July 2017.

 

This report recommends that Council grant a sub-lease to the Byron Youth Service Incorporated and that a rent rebate is provided through a section 356 donation from Council.

 

 

  

 

RECOMMENDATION:

1.       That Council grant and execute a sub-lease to Byron Youth Service Incorporated subject to Crown consent for Crown Reserve R755692, Lot 4 Section 8 DP 758725, 34 Gordon Street Mullumbimby NSW 2482, known as the ‘War Widows Cottage’, on the following terms:

a)      Commencement Date 1 July 2017;

b)      Term five (5) years;

c)      Terminate Date 30 June 2022;

d)      Initial Rent $9,900 per annum; and

e)      Rebate for Community Purpose (currently 50 per cent) in accordance with Crown Land Division’s relevant Rebate Policy of the day.

 

2.       That Council:

a)   subsidise the Rent following the application of the Rebate for Community Purpose (50 per cent of the annual sub-lease rent) to the value of $4,950, by way of a section 356 donation from Council to Byron Youth Service Inc, to be provided for in the 2017/2018 Budget, and the forward Long Term Financial Plan; and

b)   advertise the section 356 Donation proposed to be made; and

c)   meet the costs of the Crown land application to transfer a Crown holding of $151 and $500 sub-lease preparation fee.

 

 

 

 

 

 


 

Report

 

Land information

 

Crown Reserve R755692, Lot 4 Section 8 DP 758725, 34 Gordon Street Mullumbimby NSW 2482, known as the ‘War Widows Cottage.

Reserve Trust – Mullumbimby Reserve Trust.

Trust Manager – Byron Shire Council.

Gazetted – 29 June 2007.

Gazetted purpose – Future Public Requirements.

 

Trust Lease

 

Byron Shire Council holds a Trust Lease RE461738 over Lot 4 Section 8 DP 758725 known as the ‘War Widows Cottage’ that expires on 30 June 2022.  In accordance with that Lease, Council is permitted to sub-lease the premises for the purpose of business purposes.

 

In 2012 Council resolved (Resolution 12-601) to sub-lease the premises for a term of five (5) years to the Byron Youth Service Incorporated (‘the Youth Service’), to expire on 30 June 2017.  The Youth Service requested a new sub-lease for a term of five (5) years over the premise.  Council made an application for consent to transfer Crown land. 

 

Purpose of Sub-lease

 

The Youth Service holds a current sub-lease over the Premise that expires on 30 June 2017 for the purpose of youth service facilities and administration.  The Youth Service is a not-for-profit community organisation that is run as a business headed by Management Committee.  The Youth Service is funded predominantly through Federal and State Governments grants and other individual donations. The business purpose of the Youth Service is the provision of services to young people aged between 12 and 24, is a compatible purpose to the purpose of Trust Lease RE 461738.

 

More specifically, the new sub-lease would enable the Youth Service to continue the provision of youth services that target:

 

·   Alcohol and drug issues

·   Mental health issues

·   Personal safety awareness

·   Health and wellbeing

·   Youth unemployment with help accessing alternative secondary education, vocational learning, pathways and training

·   Access to cultural, sport and recreational activities

·   Youth entertainment

·   Affordable and accessible transport

·   Affordable housing

 

Purposed Term of the sub-lease

 

The Department of Industry Lands and Forestry has approved a five (5) year lease to the Byron Youth Service Inc to commence on 1 July 2017. The Youth Service, as a sole provider of youth services to the Byron Shire requires the five (5) year sub-lease to allow for the implementation of long-term business strategies necessary to meet the growing demand for its services.

 

 

 

 

Market Rent

 

The market rent reasonably expected to the paid for the Premises during the term of the sub-lease has been calculated at $9,900.00 per annum (excluding GST).  This value has been derived by the agreed formula of 6 per cent of the Valuer General’s Unimproved Capital Land Value published on 1 July 2015 being 6 per cent of $165,000.

 

Subsidised rent

 

The Youth Service, is a registered not-for-profit community service organisation with a Charity ABN 76939913491, and is an eligible for a rebate.  This is in accordance with clause 2.2(b)(ii) of the NSW Government Department of Primary Industries Catchment & Lands rent concessions and hardship relief for Crown Land tenure holders guideline. In accordance with clause 2.8 of the guidelines the maximum eligible rebate for a community organisation is 50 per cent. Council sought approval to set the base rent at $9,900 per annum (excluding GST) with community rebate of 50 per cent.

 

The Youth Service has sought a Council section 356 donation for the remaining 50 per cent rent ($4,950) and that Council meet the costs of  $651 (inclusive of GST) for payment Crown Land application fee ($151) to transfer a Crown holding and a lease preparation fee ($500) as stated in Council’s 2016/2017 fees and charges.

 

Financial Implications

 

The total rent payable by the Youth Service under the sub-lease is $9,900 per annum.  In accordance with the NSW Government Department of Primary Industries Catchment & Lands rent concessions and hardship relief for Crown Land tenure holders’ guideline, clause 2.8 provides a maximum rebate for a community organisation is 50 per cent being $4,950.00 per annum.

 

The Youth Service has requested a subsidy for the remaining 50 per cent being $4,950 per annum (excluding GST), from Council by way of a section 356 of the Local Government Act donation.

 

Statutory and Policy Compliance Implications

 

The Local Government Act 1993 section 356 outlines how Council can provide financial assistance and Council’s policy ‘3.13 donations to community organisations other groups and persons’ further outlines the process.

 

As the parcel of plan is on a Crown Reserve section 34A of the Crown Lands Act 1989 which outlines requirements for granting a lease.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Mayor and Councillor Fees 2017/2018

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Corporate Governance Coordinator

File No:                        I2017/597

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

The Local Government Remuneration Tribunal has handed down its report and determinations on fees for Councillors and Mayors for the 2017/2018 Financial Year.  This report outlines the Tribunal’s fee range and the proposed Mayor and Councillor fees for 2017/2018.

 

  

 

RECOMMENDATION:

1.       That Council fix the fee payable to each Councillor under Section 248 of the Local Government Act 1993 for the period 1 July 2017 to 30 June 2018 at $19,310.

 

2.       That Council fix the fee payable to the Mayor under section 249 of the Local Government Act 1993, for the period from 1 July 2017 to 30 June 2018 at $42,120.

 

3.       That Council in accordance with its current practice not determine a fee payable to the Deputy Mayor.

 

Attachments:

 

1        LG Remuneration Tribunal Annual Report and Determination 2017, E2017/31153

 

 


 

Report

 

Each year the Local Government Remuneration Tribunal must determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors and mayors.

 

The Remuneration Tribunal has determined the maximum and minimum amounts of fees to be paid during the 2017/2018 financial year.  Byron Shire Council is categorised as a Regional Rural council and the appropriate fee range is as follows:

 

Councillor/Member

Annual Fee

Mayor/Chairperson

Additional Fee*

Category

Minimum

Maximum

Minimum

Maximum

Regional Rural

8,750

19,310

18,630

42,120

* This fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/member (s249(2)).

 

Currently the annual fees payable to Councillors and the Mayor for the 2016/2017 financial year are fixed at $18,840 per annum for a Councillor with an additional fee of $41,090 for the Mayor.

The Tribunal has reviewed the key economic indicators, including the Consumer Price Index and Wage Price Index, and had regard to budgetary limitations imposed by the Government’s policy of rate pegging.  It found that the full increase of 2.5 per cent is warranted. The Tribunal’s determinations have been made with the assistance of two Assessors.  The 2.5 per cent increase will apply to the minimum and maximum of the ranges for all existing categories.

 

A full copy of the Report and Determination of the Local Government Remuneration Tribunal is provided at Attachment 1 to this report and is also available at:

 

http://www.remtribunals.nsw.gov.au/local-government/current-lgrt-determinations

 

Financial Implications

 

Councillors and Mayoral fees presently paid

 

          $18,840 each x 9                                  =            $169,560

          Plus Mayor additional fee                     =            $  41,090

 

          Total Paid                                                           $210,650

 

Councillors and Mayoral fees 2017/2018 increased to maximum set by the Tribunal

 

          $19,310 each x 9                                  =            $173,790

          Plus Mayor additional fee                     =            $  42,120

 

          Total Paid                                                           $215,910

 

The draft 2017/18 Budget includes a total allocation of $215,800 for Councillor Fees and the Mayoral Allowance.

 

          Allowance for Deputy Mayor

 

Section 249 (Clause 5) of the Local Government Act states that:

 

“A council may pay the deputy Mayor (if there is one) a fee determined by the council for such time as the deputy Mayor acts in the office of the Mayor.  The amount of the fee so paid must be deducted from the Mayor’s annual fee.”

As stated in the above clause, Council is not bound to set a fee, but if it so chooses must deduct that sum from the amount available under the Mayoral allowance.

 

Current practice is that an acting period for Deputy Mayor would apply only in instances where the Mayor has leave of absence endorsed by Council and any pro rata fees would be deducted from the Mayoral allowance where agreed on a case by case basis in accordance with Section 249 of the Local Government Act 1993.

 

Statutory and Policy Compliance Implications

 

Section 248 of the Local Government Act 1993 states:

 

1.       A council must pay each Councillor an annual fee.

2.       A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

3.       The annual fee so fixed must be the same for each Councillor.

4.       A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

 

Section 249 of the Local Government Act also states (in the case of the Mayor)

1.       A council must pay the Mayor an annual fee.

2.       The annual fee must be paid in addition to the fee paid to the Mayor as a Councillor.

3.       A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

4.       A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

5.       A council may pay the Deputy Mayor (if there is one) a fee determined by the council for such time as the deputy Mayor acts in the office of the Mayor.  The amount of the fee so paid must be deducted from the Mayor’s annual fee.

 

Section 250 of the Local Government Act states:

 

Fees payable under this Division by a council are payable monthly in arrears for each month (or part of a month) for which the councillor holds office.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Public Art Panel - minutes of meetings held in March and May 2017

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2017/616

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

The first Public Art Panel meeting was held on 16 March 2017 and a subsequent meeting held on 4 May 2017. This report provides the minutes of the meetings. The new Public Art Panel are focused on improvements of the Public Art Policy, developing a Public Art Strategy and eventually, improvements to the Public Art Guidelines and Criteria. In addition, a number of public art items were discussed and the recommendations presented in this report are supported by staff.

  

 

RECOMMENDATION:

1.       That Council note that the Public Art Panel noted the Public Art Panel Constitution, the Public Art Policy and the Public Art Guidelines and Criteria at the first Panel meeting held on 16 March 2017.

 

2.       That Council note that Cr Sarah Ndiaye was elected as the Public Art Panel Chair.

 

3.       That Council roll-over the unexpended funds from the Public Art budget for 2016/17 to the 2017/18 budget.

 

4.       That Council that staff provided a report to the Public Art Panel meeting on 4 May 2017 about the Development Control Plan for Public Art and development contributions collected/ expected.

 

5.       That regarding the public art proposal of ‘Feather and The Goddess Pool’, whilst the           quality of the artwork is acknowledged, Council not purchase the artwork as proposed           for the following reasons:

 

a)    That Council does not have an appropriate location or conservation strategy for the artwork;

b)    That Council is focusing on more strategic public art acquisition, rather than individual, unsolicited artwork purchases.

 

6.       That Council conduct an Expressions of Interest process to engage an appropriately qualified contractor to develop a Public Art Strategy, with funds of up to $6,000 from the public art budget approved for this purpose, and that the contractor attends the next scheduled Public Art Panel meeting in September 2017.

 

7.       That Council provide in-principle support for the public art proposal ‘A Christmas           Installation’ for the Argyle / Station St roundabout in Mullumbimby from mid-          December through to end January 2018, but do not accept the artwork as a donation           and do not provide funds towards the project.

 

8.       That Council:

a)      Approve the ‘Revive’ sculpture as part of the Mullumbimby Sculpture Walk based on the information submitted to the Public Art Panel.

b)      Request Creative Mullumbimby to present to the Public Art Panel in the future about Expression of Interest processes and overall plans for the Mullumbimby Sculpture Walk.

 

Attachments:

 

1        Minutes 16/03/2017 Public Art Panel, I2017/343

2        Minutes 04/05/2017 Public Art Panel, I2017/559

 

 


 

Report

 

An inaugural Public Art Panel meeting was held on 16 March 2017. The Panel elected a chair and considered the development of a more strategic approach to public art than has been applied in the past. The Panel also considered a public art submission.

 

A subsequent Public Art Panel meeting was held on 4 May 2017 where the Panel further considered the development of a strategic approach to public art, and in addition, considered a number of public art proposals.

 

The Panel made several recommendations to Council as provided on the first page of this report, and these recommendations are supported by staff.

 

Financial Implications

 

The Public Art budget year-to-date balance for 2016/17 financial year is approximately $21,000.

 

Statutory and Policy Compliance Implications

 

Public Art Policy

Public Art Guidelines and Criteria

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Council Investments May 2017

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/680

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period 1 May to 30 May 2017 for Council’s information. 

 

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

 

  

 

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 30 May 2017 be noted.

 

 

 

 


 

Report

 

In relation to the investment portfolio for the month of May 2017, Council has continued to maintain a diversified portfolio of investments.  At the time of writing this report, the average 90 day bank bill rate (BBSW) for the month of May 2017 was not known, but is estimated to be around 1.75%.  Council’s performance to 30 May 2017 is 2.67%.  Council’s performance is again higher than the benchmark.  This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits and purchasing floating rate notes with attractive interest rates.

 

The table below identifies the investments held by Council as at 30 May 2017:

 

Schedule of Investments held as at 30 May 2017

 

Purch Date

Principal ($)

Description

CP*

Rating

Maturity Date

Ethical ADI

Type

Interest Rate Per Annum

Current Value

20/06/12

500,000

Heritage Bank Ltd Bonds

N

BBB+

20/06/17

Y

B

7.25%

520,000.00

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

N

AA-

24/03/22

N

B

3.44%

1,000,000.00

28/10/16

650,000

Teachers Mutual Bank

N

BBB+

28/10/19

Y

FRN

3.17%

650,000.00

31/03/17

1,000,000

CBA Climate Bond

N

AA-

31/3/22

N

FRN

3.25%

1,000,000.00

18/04/17

2,000,000

NAB

P

AA-

23/08/17

N

TD

2.53%

2,000,000.00

22/02/17

2,000,000

NAB

N

AA-

12/07/17

N

TD

2.56%

2,000,000.00

07/04/17

2,000,000

NAB

N

AA-

08/08/17

N

TD

2.55%

2,000,000.00

04/04/17

1,000,000

NAB

N

AA-

03/07/17

N

TD

2.53%

1,000,000.00

06/03/17

2,000,000

NAB

N

AA-

30/08/17

N

TD

2.58%

2,000,000.00

22/02/17

2,000,000

NAB

N

AA-

12/07/17

N

TD

2.57%

2,000,000.00

06/04/17

2,000,000

Bank of Queensland

P

BBB+

08/08/17

Y

TD

2.50%

2,000,000.00

01/02/17

2,000,000

Police Credit Union

P

NR

02/08/17

U

TD

2.70%

2,000,000.00

05/04/17

2,000,000

ME Bank

N

BBB

15/08/17

Y

TD

2.50%

2,000,000.00

01/12/16

2,000,000

Beyond Bank

P

BBB

01/06/17

Y

TD

2.85%

2,000,000.00

10/05/17

2,000,000

Beyond Bank

N

BBB

13/09/17

Y

TD

2.65%

2,000,000.00

07/04/17

2,000,000

ME Bank

N

BBB

07/07/17

Y

TD

2.45%

2,000,000.00

08/03/17

2,000,000

ME Bank

N

BBB

08/08/17

Y

TD

2.55%

2,000,000.00

28/02/17

2,000,000

Beyond Bank

N

BBB

21/06/17

Y

TD

2.65%

2,000,000.00

04/01/17

3,000,000

Bank of Queensland

N

BBB+

04/07/17

Y

TD

2.75%

3,000,000.00

04/01/17

1,000,000

Bananacoast Credit Union

P

NR

04/07/17

Y

TD

2.75%

1,000,000.00

08/03/17

2,000,000

NAB

N

AA-

07/07/17

N

TD

2.56%

2,000,000.00

16/03/17

2,000,000

AMP Bank

N

A

18/09/17

N

TD

2.75%

2,000,000.00

10/03/17

2,000,000

NAB

N

AA-

09/06/17

N

TD

2.52%

2,000,000.00

27/04/17

2,000,000

ME Bank

N

BBB

30/08/17

Y

TD

2.55%

2,000,000.00

04/04/17

1,000,000

Bank of Queensland

N

BBB+

27/09/17

Y

TD

2.60%

1,000,000.00

04/01/17

2,000,000

Beyond Bank

N

BBB

04/07/17

Y

TD

2.75%

2,000,000.00

16/12/16

1,500,000

Auswide Bank Ltd

P

BBB-

28/06/17

Y

TD

2.80%

1,500,000.00

12/12/16

1,000,000

Auswide Bank Ltd

N

BBB-

13/06/17

Y

TD

2.80%

1,000,000.00

16/12/16

1,000,000

Police Credit Union

N

NR

05/07/17

U

TD

2.87%

1,000,000.00

20/01/17

1,000,000

AMP Bank

N

A

19/7/17

N

TD

2.80%

1,000,000.00

20/01/17

1,000,000

Bank of Queensland

N

BBB+

26/7/17

Y

TD

2.80%

1,000,000.00

03/02/17

1,000,000

Mystate Bank

N

BBB

09/08/17

Y

TD

2.75%

1,000,000.00

17/05/17

2,000,000

ME Bank

N

BBB

20/09/17

Y

TD

2.55%

2,000,000.00

16/02/17

1,000,000

Bank of Queensland

N

BBB+

15/08/17

Y

TD

2.70%

1,000,000.00

24/05/17

1,000,000

Beyond Bank

N

BBB

24/08/17

Y

TD

2.65%

1,000,000.00

01/03/17

1,000,000

Bananacoast Credit Union

N

NR

06/09/17

Y

TD

2.75%

1,000,000.00

03/03/17

1,000,000

Bananacoast Credit Union

N

NR

06/09/17

Y

TD

2.75%

1,000,000.00

03/03/17

2,000,000

Holiday Coast Credit Union

N

NR

13/06/17

Y

TD

2.70%

2,000,000.00

06/03/17

1,000,000

The Capricornian Credit Union

P

NR

23/08/17

Y

TD

2.70%

1,000,000.00

07/03/17

2,000,000

Beyond Bank

N

BBB

19/07/17

Y

TD

2.65%

2,000,000.00

07/03/17

1,000,000

Regional Australia Bank

P

NR

28/06/17

Y

TD

2.70%

1,000,000.00

23/03/17

1,000,000

Police Credit Union

N

NR

27/09/17

U

TD

2.80%

1,000,000.00

03/04/17

1,000,000

Beyond Bank

N

BBB

26/07/17

Y

TD

2.65%

1,000,000.00

03/04/17

2,000,000

Police Credit Union

N

NR

04/10/17

U

TD

2.80%

2,000,000.00

03/04/17

1,000,000

Beyond Bank

N

BBB

13/09/17

Y

TD

2.70%

1,000,000.00

02/05/17

1,500,000

Beyond Bank

N

BBB

16/08/17

Y

TD

2.65%

1,500,000.00

03/05/17

1,500,000

Auswide Bank Ltd

N

BBB-

08/11/17

Y

TD

2.68%

1,500,000.00

05/05/17

2,000,000

Beyond Bank

N

BBB

16/08/17

Y

TD

2.65%

2,000,000.00

10/05/17

1,000,000

Auswide Bank Ltd

N

BBB-

15/11/17

Y

TD

2.70%

1,000,000.00

17/05/17

1,000,000

Maitland Mutual Building Society

N

NR

27/09/17

Y

TD

2.60%

1,000,000.00

N/A

2,053,334

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

2,053,334.04

Total

77,703,334

 

 

 

 

 

AVG

2.67%

77,723,334.04

 

Note 1.

CP = Capital protection on maturity

 

N = No Capital Protection

 

Y = Fully covered by Government Guarantee

 

P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

 

 

Note 2.

Ethical ADI

 

Y = No investment in Fossil Fuels

 

N = Investment in Fossil Fuels

 

U = Unknown Status

 

Note 3.

Type

Description

 

 

B

Bonds

Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.

 

FRN

Floating Rate Note

Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.

 

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.

 

Environmental and Socially Responsible Investing

 

An additional column has been added to the schedule of Investments above, to identify if the financial institution holding the Council investment, has been assessed as an “Ethical” institution.  This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not.  The graph below highlights the percentage of each classification across Councils total investment portfolio.

 

 

For the period 1 May to 30 May 2017, as indicated in the table below, there is a dissection of the investment portfolio by investment type:

 

Dissection of Council Investment Portfolio as at 30 May 2017

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

72,500,000.00

Term Deposits

72,500,000.00

0.00

1,650,000.00

Floating Rate Note

1,650,000.00

0.00

2,053,334.04

Business On-Line Saver (At Call)

2,053,334.04

0.00

1,500,000.00

Bonds

1,520,000.00

20,000.00

77,703,334.04

 

77,723,334.04

20,000.00

 

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.

 

The table below provides a reconciliation of investment purchases and maturities for the period 1 May to 30 May 2017 on a current market value basis.  

 

Movement in Investment Portfolio – 1 to 30 May 2017

 

Item

Current Market  Value (at end of month) $

Opening Balance at 30 April 2017

75,723,334.04

Add: New Investments Purchased

12,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

0.00

Less: Investments Matured

10,000,000.00

Less: Investments Sold

0.00

Less: Call Account Redemption

0.00

Add: Fair Value Movement for period

0.00

Closing Balance at 30 May 2017

77,723,334.04

 

Investments Maturities and Returns – 1 to 30 May 2017

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

3,000,000.00

ME Bank

TD

04/05/17

120

2.75%

27,123.29

2,000,000.00

Beyond Bank Australia

TD

10/05/17

98

2.65%

14,230.14

2,000,000.00

ME Bank

TD

17/05/17

92

2.60%

13,106.85

1,000,000.00

Beyond Bank Australia

TD

24/05/17

92

2.65%

6,679.45

2,000,000.00

AMP Bank

TD

29/05/17

182

2.70%

26,926.03

10,000,000.00

 

 

 

 

 

88,065.76

         

The overall ‘cash position’ of Council is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account as well for operational purposes. In this regard, for the period 1 May to 30 May 2017 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 30 May 2017

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

72,500,000.00

72,500,000.00

0.00

Floating Rate Note

1,650,000.00

1,650,000.00

0.00

Business On-Line Saver (At Call)

2,053,334.04

2,053,334.04

0.00

Bonds

1,500,000.00

1,520,000.00

20,000.00

Total Investment Portfolio

77,703,334.04

77,723,334.04

20,000.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

3,751,855.93

3,751,855.93

          0.00

Total Cash at Bank

3,751,855.93

3,751,855.93

          0.00

 

 

 

 

Total Cash Position

81,455,189.97

81,475,189.97

20,000.00

 

Financial Implications

 

Council uses a diversified mix of investments to achieve short, medium and long-term results

 

Statutory and Policy Compliance Implications

 

In accordance with Regulation 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 investment valuations required for the preparation of the report, are often received after the deadline for the submission of reports for the meeting.  Endeavours will be made to ensure the required report will be provided to Council and this will for some months require reporting for one or more months.

 

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.

 

Council at its Ordinary Meeting held 8 October 2015 resolved through resolution 15-515 to insert a new objective into its adopted Investment Policy, which gives a third tier consideration by Council to Environmental and Socially Responsible Investments, when making investment decisions.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.11

 

 

Report No. 13.11         Review of Council Investment Policy

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/701

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report is provided to Council to consider the adoption of the Draft Policy – Council Investments 2017 for the purposes of public exhibition.  The Draft Policy has been developed following a presentation to the Strategic Planning Workshop on 9 March 2017 and consideration by the Finance Advisory Committee at Meetings held on 13 April 2017 and 18 May 2017.

 

 

  

 

RECOMMENDATION:

1.       That the Draft Policy - Council Investments 2017 be placed on public exhibition for a period of 28 days.

 

2.       That in the event:

 

a)    that any submissions are received on the Draft Policy - Council Investments 2017,           that those submissions be reported back to Council prior to adoption of the        policy; or

 

          b)    that no submissions are received on the Draft Policy - Council Investments 2017,        that the policy be adopted and incorporated into Council’s Policy Register.

 

 

Attachments:

 

1        Draft Council Investment Policy 2017 submitted to Council 22 June 2017, E2017/49772

 

 


 

Report

 

Council at its Ordinary Meeting held on 23 February 2017, following consideration of Report 13.4 regarding Council Investments January 2017, resolved (in part) as follows:-

 

17-043 part 2:

 

‘That a workshop on the financial investment strategy occurs at the next SPW on 9 March 2017’

 

A presentation was provided to the Strategic Planning Workshop (SPW) on 9 March 2017. Following from that presentation, a report was provided to the Finance Advisory Committee to consider an updated Draft Policy - Council Investments 2017 on 13 April 2017. 

 

After consideration of the Report, the Finance Advisory Committee recommended to Council at its Ordinary Meeting to be held on 25 May 2017:-

 

“Committee Recommendation 4.1.1

That the Finance Advisory Committee receive a further report on the review of the Council’s Investment Policy at its next meeting scheduled for 18 May 2017, with the following amendments to the Draft Policy - Council Investments 2017 to be included:

 

a)      Definition for Social and Environmentally Responsible Investments

 

b)      Decision making process for the investment of funds with an authorised deposit-taking institution.”

 

In accordance with Finance Advisory Committee Recommendation 4.1.1 above, a further report was provided to the 18 May 2017 Finance Advisory Committee, with the Draft Policy being  amended in accordance with Committee Recommendation 4.1.1.

 

After consideration of the Report, the Finance Advisory Committee recommended to Council at its Ordinary Meeting held on 22 June 2017 as follows:

 

“Committee Recommendation:

 

That the Finance Advisory Committee recommend to Council:

 

1.      That the Draft Policy - Council Investments 2017 be placed on public exhibition for a period of 28 days.

 

2.       That in the event:

 

a)      that any submissions are received on the Draft Policy - Council Investments 2017, that those submissions be reported back to Council prior to adoption of the policy; or

 

b)      that no submissions are received on the Draft Policy - Council Investments 2017, that the policy be adopted and incorporated into Council’s Policy Register.”

 

 

 

 

 

 

Given the latest recommendation from the Finance Advisory Committee to Council, this further report is provided subject to any further consideration or amendment, to recommend the adoption of a revised Draft Policy - Council Investments 2017 for the purposes of public exhibition.

 

The revised Draft Policy - Council Investments 2017, including the amendments requested by the Finance Advisory Committee has attached at Attachment 1.  The document has been updated to comply with the new template for Council policies and sets out the following guidance in relation to Council’s investments:

 

·   Set the objectives of investing.

·   Outline the legislative requirements.

·   Ascertain authority for implementation and management of the Policy.

·   Establish the capital, liquidity and return expectations.

·   Determine the diversity of the investment portfolio.

·   Environmentally and Socially Responsible Investing.

·   Define the risk profile.

·   Establish legal title.

·   Set benchmarks.

·   Establish monitoring and reporting requirements.

·   Define duties and obligations of Delegated Officers.

 

Financial Implications

 

There are no financial implications directly associated with this report.  However, the management of Council’s investments is a significant responsibility.  Poor investment decisions have the potential to negatively impact upon the financial position of Council through either revenue from investment interest or possible capital loss of principal invested. 

 

Statutory and Policy Compliance Implications

 

Section 625 of the Local Government Act 1993 governs how Councils can invest.  Specifically Section 625 states:

 

(1) A council may invest money that is not, for the time being, required by the council for any other purpose.

 

(2) Money may be invested only in a form of investment notified by order of the Minister published in the Gazette.

 

(3) An order of the Minister notifying a form of investment for the purposes of this section must not be made without the approval of the Treasurer.

 

(4) The acquisition, in accordance with section 358, of a controlling interest in a corporation or an entity within the meaning of that section is not an investment for the purposes of this section.

 

The forms of investment approved by the Minister for Local Government as identified in Section 625(2) of the Local Government Act 1993 refer to the Ministerial Investment Order.  The most recent Investment Order was issued on 12 January 2011 and the contents of this Order are provided in Attachment 1 as part of the Draft Council Investments Policy 2017.

 

Clause 212 of the Local Government (General) Regulation 2005 also outlines requirements regarding Council’s investments as follows:

 

(1) The responsible accounting officer of a council:

 

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

 

(i) if only one ordinary meeting of the council is held in a month, at that meeting, or

 

(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

 

(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

 

(2) The report must be made up to the last day of the month immediately preceding the meeting.

 

In regard to Council investments, attention also needs to be directed towards Section 14 of the Trustees Amendment (Discretionary Investments) Act 1997 where a trustee must exercise the care, diligence, and skill that a prudent person would exercise in managing the affairs of another person. As Councils are acting as custodians when investing public assets, account of the requirements of Section 14 should also be considered.  Specifically contained in Section 14(C)(1) are the following matters which should be considered:

 

(a) the purposes of the trust and the needs and circumstances of the beneficiaries,

(b) the desirability of diversifying trust investments,

(c) the nature of, and the risk associated with, existing trust investments and other trust property,

(d) the need to maintain the real value of the capital or income of the trust,

(e) the risk of capital or income loss or depreciation,

(f) the potential for capital appreciation,

(g) the likely income return and the timing of income return,

(h) the length of the term of the proposed investment,

(i) the probable duration of the trust,

(j) the liquidity and marketability of the proposed investment during, and on the determination of, the term of the proposed investment,

(k) the aggregate value of the trust estate,

(l) the effect of the proposed investment in relation to the tax liability of the trust,

(m) the likelihood of inflation affecting the value of the proposed investment or other trust property,

(n) the costs (including commissions, fees, charges and duties payable) of making the proposed investment,

(o) the results of a review of existing trust investments in accordance with section 14A (4).

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.12

 

 

Report No. 13.12         Making of the 2017/2018 Ordinary Rates and Charges

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/747

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

Council at its Ordinary Meeting held on 20 April 2017, following consideration of Report No.13.7 Public Exhibition – Draft 2017/2018 Statement of Revenue Policy, adopted resolution 17-139, which determined a proposed Rating Structure for the 2017/2018 Financial Year for the purposes of public exhibition, and placed the Draft 2017/2018 Statement of Revenue Policy comprising the Budget Estimates, Rates and Charges, Borrowings and Fees and Charges on public exhibition for twenty eight days.

 

The Statement of Revenue Policy provides a detailed description of each of the rates, charges and fees that Council will levy on the 2017/2018 Rates and Charges Notice, and also describes the circumstances of a property to which a specific ordinary rate, charge, interest or fee will apply. It also lists relevant sections of legislation that allows for the levy of each rate, charge or fee to be made.

 

The public exhibition period seeking submissions on the draft documents closed on 25 May 2017, with the details of those submissions being the subject of another report to this Ordinary Council Meeting.

 

Each year Council is required to make the ordinary rates and charges pursuant to sections 533, 534 and 535 of the Local Government Act 1993 (LGA), with section 543 of the LGA requiring Council to make a short separate name for each rate and charge it makes. Council is also required to set the rate of interest charged on overdue rates and charges in accordance with section 566 (3) of the LGA.

 

This report satisfies these legislative requirements for the 2017/2018 financial year.

 

 

  

 

RECCOMENDATION:

 

That in accordance with Sections 533, 534, 535, 543 and 566 of the Local Government Act 1993 (LGA), Council makes the ordinary rates, makes the charges and sets the interest rate to be charged on overdue rates and charges for 2017/2018 listed in the following tables.

 

1.   Ordinary Rates

 

Name of Ordinary Rate

(Rate Notice short name)

*Rate in the Dollar or Ad-Valorem amount ($)

Minimum Rate ($)

Ordinary Rate Residential

0.2169

747.00

Ordinary Rate Residential Flood

0.2169

374.00

Ordinary Rate Business

0.3715

747.00

Ordinary Rate Business Byron CBD

0.4730

747.00

Ordinary Rate Mining

0.3715

747.00

Ordinary Rate Farmland

0.1935

747.00

Ordinary Rate Farmland Flood

0.1935

374.00

*Applied to 2016 base date land valuation

 

2.   Domestic Waste Management Charges

 

Name of Domestic Waste Collection Charge

(Rate Notice short name)

Annual Charge ($)

Domestic Waste 80L Collection 3 Bins

123.00

Domestic Waste 140L Collection 3 Bins

260.00

Domestic Waste 240L Collection 3 Bins

386.00

Domestic Waste 140L Collect/Wk 3 Bin

680.00

Domestic Waste 240L Collect/Wk 3 Bin

867.00

Domestic Waste Rural Collection 2 Bins

277.00

Domestic Waste Vacant Land Charge Urban

25.00

Domestic Waste Vacant Land Charge Rural

25.00

Domestic Recycling Additional Bin

86.00

Domestic Organics Additional Bin

100.00

Domestic Waste 80L 3Bin Multi Unit Serv

123.00

Domestic Waste 140L 3Bin Multi Unit Serv

260.00

Domestic Waste 240L 3Bin Multi Unit Serv

386.00

Domestic Waste 80L 2Bin Multi Unit Serv

123.00

Domestic Waste 140L 2Bin Multi Unit Serv

260.00

Domestic Waste 240L 2Bin Multi Unit Serv

386.00

Domestic Waste Strata 2Bin Share Service

207.00

Domestic Waste Strata 3Bin Share Service

207.00

 

3.   Waste Management Charges (Non-Domestic)

 

Name of Waste Management Charge

(Rate Notice short name)

Annual Charges ($)

Commercial 140L Waste & Recycle Service

420.00

Commercial 240L Waste & Recycle Service

481.00

Commercial Waste 140L Bin Collection

420.00

Commercial Waste 240L Bin Collection

481.00

Commercial Rural Waste & Recycle Service

433.00

Commercial Recycling 240L Bin Collection

108.00

Commercial Organics 240L Bin Collection

100.00

Waste Operations Charge Residential

70.00

Waste Operations Charge Non-Residential

70.00

 

4.   Mixed Waste Bin Changeover Fee

 

Fee

Charges ($)

Mixed waste bin – size/capacity changeover fee

(first changeover free of charge then all subsequent changes per property per annum per owner/s attracts fee)

55.00

 

 

 

 

 

 

5.   Stormwater Management Service Charges

 

Name of Stormwater Management

Service Charge

(Rate Notice short name)

Annual Charges ($)

Stormwater Charge Residential

25.00

Stormwater Charge Residential Strata

12.50

Stormwater Charge Business Strata

$25.00 per 350m² of the land area occupied by the strata scheme (or part thereof), proportioned by the unit entitlement of each lot in the strata scheme, minimum charge $5.00

Stormwater Charge Bus/Mixed Strata Min

12.50

Stormwater Charge Business

$25.00, plus an additional $25.00 for each 350m² or part thereof by which the area of the parcel of land exceeds 350m²

 

6.   Water Charges

 

Name of Water Charge

(Rate Notice short name)

Annual Charges ($)

Water Fixed Charge 20mm Residential

179.00

Water Fixed Charge 20mm Non-Residential

179.00

Water Fixed Charge 25mm Residential

280.00

Water Fixed Charge 25mm Non-Residential

280.00

Water Fixed Charge 32mm Residential

459.00

Water Fixed Charge 32mm Non-Residential

459.00

Water Fixed Charge 40mm Residential

716.00

Water Fixed Charge 40mm Non-Residential

716.00

Water Fixed Charge 50mm Residential

1,119.00

Water Fixed Charge 50mm Non-Residential

1,119.00

Water Fixed Charge 65mm Residential

1,891.00

Water Fixed Charge 65mm Non-Residential

1,891.00

Water Fixed Charge 80mm Residential

2,864.00

Water Fixed Charge 80mm Non-Residential

2,864.00

Water Fixed Charge 100mm Residential

4,475.00

Water Fixed Charge 100mm Non-Residential

4,475.00

Water Fixed Charge Vacant Residential

90.00

Water Fixed Charge Vacant Non-Residential

90.00

Water Fixed Charge Strata Residential

179.00

Water Fixed Charge Strata Non-Residntial

179.00

Water Fixed Charge Fire Service Resident

238.00

Water Fixed Charge Fire Service Non-Res

238.00

 

Usage Charges ($)

Water Usage Charge Residential

2.47 per KL to 450 KL

3.70 per KL thereafter

Water Usage Charge Non-Residential

2.65 per KL

Water Usage Charge - Non-Compliance

5.30 per KL

 

 

 

7.   Sewer Charges and On Site Sewage Management System Fee

 

Name of Sewer Charge

(Rate Notice short name)

Annual Charges or Fee ($)

Sewer Fixed Charge 20mm Residential

819.00

Sewer Fixed Charge 20mm Non-Residential

819.00

Sewer Fixed Charge 25mm Residential

1,280.00

Sewer Fixed Charge 25mm Non-Residential

1,280.00

Sewer Fixed Charge 32mm Residential

2,097.00

Sewer Fixed Charge 32mm Non-Residential

2,097.00

Sewer Fixed Charge 40mm Residential

3,276.00

Sewer Fixed Charge 40mm Non-Residential

3,276.00

Sewer Fixed Charge 50mm Residential

5,119.00

Sewer Fixed Charge 50mm Non-Residential

5,119.00

Sewer Fixed Charge 65mm Residential

8,651.00

Sewer Fixed Charge 65mm Non-Residential

8,651.00

Sewer Fixed Charge 80mm Residential

13,104.00

Sewer Fixed Charge 80mm Non-Residential

13,104.00

Sewer Fixed Charge 100mm Residential

20,475.00

Sewer  Fixed Charge 100mm Non-Residential

20,475.00

Sewer Fixed Charge Vacant Residential

410.00

Sewer Fixed Charge Vacant Non-Res

410.00

Sewer Fixed Charge Rebated Residential (pods)

794.00

Sewer  Fixed Charge Rebated Non-Resident (pods)

794.00

On-Site Sewage Management System (OSMS) Fee

44.00

 

Usage Charges ($)

Sewer Usage Charge Residential

1.85 per KL

Sewer Usage Charge Non-Residential

*SDF x 2.47 per KL

*SDF = Individual Property Sewer Discharge Factor (%)

 

8.   Liquid Trade Waste Charges

 

Name of Liquid Trade Waste Charge

(Rate Notice short name)

Annual Charges ($)

Liquid Trade Waste Annual Charge Residen

31.00

Liquid Trade Waste Annual Charge Business

31.00

Liquid Trade Waste – Cat 1 Residential

153.00

Liquid Trade Waste – Cat 1 Business

153.00

Liquid Trade Waste – Category 2

255.00

Liquid Trade Waste – Category 2S

255.00

Liquid Trade Waste – Category 3

429.00

 

Usage Charges ($)

Liquid Trade Waste Usage Charge

**TWDF x 2.24 per KL

Liquid Trade Waste Usage Charge – Non-Compliance

**TWDF x 3.70 per KL

*TWDF = Individual Property Trade Waste Discharge Factor (%)

 

 

 

 

 

9.   Interest Rate on Overdue Rates and Charges

 

Name of Interest Rate

(Rate Notice short name)

Rate (%)

Interest

7.5%

 

 

 

 

 


 

Report

 

Council at its Ordinary Meeting held on 20 April 2017, following consideration of Report No.13.7 Public Exhibition – Draft 2017/2018 Statement of Revenue Policy, adopted resolution 17-139, which determined a proposed Rating Structure for the 2017/2018 Financial Year for the purposes of public exhibition and placed the Draft 2017/2018 Statement of Revenue Policy comprising the Budget Estimates, Rates and Charges, Borrowings and Fees and Charges on public exhibition for twenty eight days.

 

The Statement of Revenue Policy provides a detailed description of each of the rates, charges and fees Council will levy on the Rates and Charges Notice and also describes the circumstances of a property to which a specific ordinary rate, charge, interest or fee will apply. It also lists relevant sections of legislation that allows for the levy of each rate, charge or fee to be made.

 

The public exhibition period seeking submissions on the draft documents closed on 25 May 2017, with the details of those submissions being the subject of another report to this Ordinary Council Meeting.

 

Each year Council is required to make the ordinary rates and charges pursuant to sections 533, 534 and 535 of the Local Government Act 1993 (LGA), with section 543 of the LGA requiring Council to make a short separate name for each rate and charge it makes. Council is also required to set the rate of interest charged on overdue rates and charges in accordance with section 566 (3) of the LGA.

 

This report satisfies these legislative requirements for the 2017/2018 financial year.

 

Council in addition received Special Rate Variation (SRV) approval from the Independent Pricing and Regulatory Tribunal (IPART)  on 9 May 2017 to increase its permissible general income by 7.5% per annum for each of the next four rating years from 2017/2018 (section 508A LGA). This SRV includes the rate pegging limit (which was announced as 1.5% for 2017/2018 and future rate peg announcements up to and including the 2020/2021 financial year). 

 

The amounts outlined in the first table in the recommendation to this report headed Ordinary Rates incorporates the 7.50% SRV as it applies for the 2017/2018 financial year. They also incorporate the distributional yield change in the rating structure, as publicly exhibited, to reduce rates paid by rateable properties categorized as residential, but to increase rates payable by business and farmland categories, whilst staying within the limit of Council’s overall permissible income limit.

 

The Office of Local Government advised via Circular 17-09 on 18 May 2017 that the maximum interest rate on overdue rates and charges is to be 7.5% for 2017/2018. This is a reduction of 0.5% compared to 2016/2017. Council has traditionally adopted the maximum permissible interest rate to apply for overdue rates and charges.

 

Financial Implications

 

The 2017/2018 budget including proposed works and services to be adopted by Council at this Ordinary Meeting is the subject of another report. The Draft 2017/2018 Budget Estimates has been based on the special rate variation increase of 7.5% as approved by the Independent Pricing and Regulatory Tribunal (IPART) for the general rate income. Charges proposed for water, sewer, stormwater and waste services have been based on the works and maintenance requirements of those areas and also in conjunction with the legislative requirements of the LGA to establish such charges.

 

Statutory and Policy Compliance Implications

 

Council is required to make the rates and charges and set the interest rate for 2017/2018 pursuant to sections 533, 534, 535,543 and 566 of the Local Government Act 1993 (LGA). The relevant sections or sub-sections of the LGA are summarised below:

 

533   Date by which a rate or charge must be made

 

A rate or charge must be made before 1 August in the year for which the rate or charge is made or before such later date in that year as the Minister may, if the Minister is of the opinion that there are special circumstances, allow.

 

534   Rate or charge to be made for a specified year

 

Each rate or charge is to be made for a specified year, being the year in which the rate or charge is made or the next year.

 

535   Rate or charge to be made by resolution

 

A rate or charge is made by resolution of the council.

 

543   Each form of a rate and each charge to have its own name

 

Council must, when making an ordinary rate or charge, give a short separate name for each amount of the ordinary rate or charge.

 

566   Accrual of interest on overdue rates and charges

 

The rate of interest is that set by the council but must not exceed the rate specified for the time being by the Minister by notice published in the Gazette.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.13

 

 

Report No. 13.13         2017/2018 Special Rate Variation Outcome

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/755

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

In accordance Council Resolution 17-020, an application was submitted to the Independent Pricing and Regulatory Tribunal (IPART) for a proposed 7.50% per annum Special Rate Variation (SRV) for a period of four years commencing 1 July 2017.  The application was lodged on 13 February 2017, by the due date, with IPART releasing their determination in respect of Council’s application on 9 May 2017.

 

The intent of this report is to advise Council formally of the IPART’s determination and to recommend to Council the adoption of a Policy Framework for the programming of works, expenditure of SRV funds  and the reporting on the expenditure of  the revenues generated by the SRV, along number of alternative actions to the actions proposed in Parts 9 and 11 of Resolution 17-020.

 

  

 

RECOMMENDATION:

1.   That Council note the determination from IPART in relation to its 2017/2018 Special Rate Application including the following conditions imposed by IPART on Council for the:-

 

a)   use of the additional income derived from the special variation for the purposes of reducing its infrastructure backlog and improving financial sustainability; and

 

b)   reporting on this use against the forecasts included in the Council’s application as part the Council’s annual report for each year from 2017-18 to 2026-27.

 

2.       That Council adopt as a Policy Framework the use and reporting conditions imposed by IPART in the SRV determination and further incorporate reporting on the Special Rate Variation into the development of the 2017/2018 Financial Sustainability Plan and the quarterly updates to Council through the Finance Advisory Committee on the implementation of the adopted Financial Sustainability Plan.

 

3.       That Council establish as a policy framework that funding for infrastructure renewal and maintenance from general revenue sources is not ever lower then the general revenue baseline indicator established in the 2016/2017 Budget.

 

4.       That Council establish as a policy framework that any funds generated by the SRV that remain unexpended at the end of each financial year are to be restricted and held in a internal reserve, to be carried forward to subsequent financial year, for expenditure in accordance with the uses imposed in the SRV approval.

 

5.       That Council incorporate the research of potential non resident revenue sources (if any) as part of the Revenue Review chapter in the development of the 2017/2018 Financial Sustainability Plan, and provide quarterly updates to Council through the Finance Advisory Committee.

 

6.       That Council not proceed with the implementation of part 9 and part 11 of resolution 17-020.

Attachments:

 

1        IPART determination of Byron Shire Council Special Rate Application 2017/2018, E2017/54521

 

 


 

Report

 

Council at its Ordinary Meeting held on 2 February 2017 considered Report 13.2 – 2017/2018 Special Rate Variation Application. Following Council’s consideration of this report it resolved as follows (Resolution 17-020):

 

1.       Receive and note the submissions and feedback received from the community during ‘Phase 4 – Public exhibition of the IP&R documents’ during the Special Rate Variation Consultation & Engagement process, conducted over the period from 17 December 2016 to 18 January 2017.

 

2.       Notes that an application for a Special Rate Variation is a key strategy from its “Fit for the Future” Council Improvement Plan (CIP) adopted in June 2015.

 

3.       Adopts ‘Option 1’ – being a 7.5% compounding annual rate increase per year over a four year period commencing July 2017 to June 2021 as its preferred option for a Special Rate Variation.

 

4.       Subject to determination and incorporation of an SRV option as recommended in part 3 of the recommendation, Council adopt the revised Integrated Planning and Reporting documents as presented to Council on 15 December 2016 (#E2016/103981), (#E2016/100839) and (#E2016/103686).

 

5.       Lodge a Section 508A permanent Special Rate Variation application to the Independent Pricing and Regulatory Tribunal, for increases to the ordinary rate income (general revenue) of 7.5% (including rate peg) in 2017/18, 7.5% (including rate peg) in 2018/19, 7.5% (including rate peg) in 2019/2020 and 7.5% (including rate peg) in 2020/21

 

6.       Continue to actively campaign for the state government to legislate to enable the Council to levy a bed tax and thus provide a source of revenue for infrastructure renewal funded by the growing number of tourists to the area.

 

7.       Continue to lobby the Office of Local Government and the NSW Grants Commission for a revision of the Financial Assistance Grants (FAGs) funding distribution formula so that the impact of tourists upon Council and its ratepayers is adequately recognised and compensated for as a disability factor.

 

8.       Continue to closely monitor the IPART review of NSW council rating systems and advocate for an expansion of rating categories that would facilitate Holiday Let establishments being rated as or similar to Business.

 

9.       Establish a Byron Shire Revenue Exploration Working Party to work alongside staff to identify non resident revenue sources and to report the outcomes of research at each community roundtable.

 

10.     Write to the local Member, Tamara Smith, Ben Franklin MLC and Minister of Tourism, seeking an urgent meeting to discuss State Government potential for more targeted tourism support in the Byron Shire.

 

11.     Develop a SRV quarterly expenditure auditing and reporting profile linked to Council’s CIP in conjunction with Council’s auditors within 3 months of any SRV approval issued by the IPART.

 

In accordance with Council’s resolution above, (Resolution 17-020 part 5) a formal application was lodged by Council to the Independent Pricing and Regulatory Tribunal (IPART) addressing the Special Rate Variation (SRV) criteria established by the Office of Local Government by the application due date of 13 February 2017.

 

IPART released the SRV determinations for the eight Councils in NSW that applied for SRVs for the 2017/2018 financial year on 9 May 2017.  The detailed determination for Byron Shire Council is provided at Attachment 1 to this report.  In summary, the determination for Byron Shire Council is:

 

1.   Approval to increase general income between 2017/2018 and 2020/2021 by 7.50% each year inclusive of any rate peg announcement (1.50% for 2017/2018).

 

2.   That Council complies with the conditions attached to the SRV approval.

 

The third page of the IPART determination stipulates the conditions of the SRV approval to which Council must comply with.  In detail the conditions are:

 

IPART’s approval of Byron Shire Council’s application for a special variation over the period from 2017-18 to 2020-21 is subject to the following conditions:

 

·    The council uses the additional income from the special variation for the purposes of reducing its infrastructure backlog and improving financial sustainability as outlined in the council’s application and listed in Appendix A

·    The council reports in its annual report for each year from 2017-18 to 2026-27 on:

 

the actual revenues, expenses and operating balance against the projected revenues, expenses and operating balance, as outlined in the Long Term Financial Plan provided in the council’s application, and summarised in Appendix B

 

any significant variations from its proposed expenditure as forecast in the current Long Term Financial Plan and any corrective action taken or to be taken to address any such variation

 

expenditure consistent with the council’s application and listed in Appendix A, and the reasons for any significant differences from the proposed expenditure, and

 

the outcomes achieved as a result of the actual program of expenditure.

 

Appendix A to the determination document indicates that the SRV will provide Council with $43.1 million over the next ten years above assumed rate pegging and this will fund:

 

·    An improvement to the operating balance (excluding capital grants and contributions) of $39.3million to fund capital expenditure to reduce infrastructure backlog.

 

·    $3.8million of operating expenditure for asset maintenance to maintain current service levels.

 

·    Council must disclose in the Annual Report how the actual expenditure compares with the proposed program of expenditure.

 

Tables A.1 and A.2 to Appendix A of the determination document, outline on an annual basis for the next ten financial years, the SRV funding allocations that Council must provide for different asset types consistent with the SRV application.

 

It is recommended  that on the basis that the level of reporting required by IPART, and included as  a condition in the IPART determination is more onerous then that proposed by part 11 of Resolution 17-020, that the reporting conditions required by the IPART replace the reporting framework to be developed under Part 11 of Resolution 17-020. The IPART conditions require Council to publish to the Community on an annual basis outcomes achieved, and extracted from Council’s financial records that have been subject to external audit, against the forecasts included in the Council’s application.

 

In addition it is proposed to embed this reporting in the 2017/2018 Financial Sustainability Plan and report progressively to Council through the Finance Advisory Committee on a quarterly basis.  Furthermore, Council will need to create a reserve to restrict any funds generated from this SRV approval in any financial year, if any of the SRV funds generated remain unexpended.  Such a reserve with any balance of funds will be publicly disclosed in Council’s Financial Statements at Note 6 which is subject to external audit.

 

As an additional measure and to ensure the funds generated by the SRV are used in accordance with the IPART use condition for asset maintenance and renewal, it is recommended that Council adopt as a baseline indicator, that the general revenue funding allocated to asset maintenance and renewal identified in the Long Term Financial Plan submitted with Council’s SRV application to IPART, excluding the additional SRV funding should be the base line. The baseline used in the SRV application was established in the adopted 2016/17 Budget.