Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 26 October 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.

 

 

 

Mark Arnold

Acting 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

1.1. Presentation on the Draft 2016/17 Financial Statements

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 21 September 2017

6.2       Ordinary Meeting held on 21 September 2017

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Mayor's Discretionary Allowance...................................................................................... 6

9.2       Clothes Optional Tyagarah Beach.................................................................................... 8

9.3       Refunding Council’s Feral Animal Management Program............................................. 14

9.4       Commitment to the Community Charter for Good Planning.......................................... 16

9.5       Affordable Housing.......................................................................................................... 19

9.6       Current and future capacity of Bangalow STP - Assessment of capacity of the Bangalow sewerage system to handle sewage from DA No:10.2016.283.1 'Rural Industries Food Precinct 201 Lismore Rd Bangalow 2479................................................................................................................ 21

9.7       Supporting community resilience in flood planning......................................................... 24

9.8       Effluent Pathway as per Bayley Report.......................................................................... 27

9.9       Drainage Union Contributions......................................................................................... 29

10.  Petitions

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 27 September 2017...................... 31

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Local Government NSW Annual Conference 2017....................................................... 34

13.2     Public Exhibition of Draft Policy - Supporting Partnerships Policy................................. 36

13.3     Appointment of new alternate Councillor representative to Richmond Tweed Regional Library Committee....................................................................................................................... 42

13.4     Review of Mullumbimby Outside of School Hours Care Services................................ 44

13.5     Section 355 Management Committee matters............................................................... 48

13.6     Council Investments September 2017............................................................................ 53

13.7     Public Art Panel - minutes of meeting 28 September 2017............................................ 60

13.8     2017-2018 Financial Assistance Grant........................................................................... 62

13.9     Draft 2016/2017 Financial Statements ........................................................................... 65

13.10   Draft 2016-2017 Annual Report...................................................................................... 73

13.11   Selection of Councillors for Mullumbimby Hospital Site Project Reference Group....... 76

Sustainable Environment and Economy

13.12   PLANNING - S96 10.2009.314.11 Tallowwood ............................................................. 78

13.13   PLANNING - Review of further subdivision potential in the Ewingsdale and Mullumbimby 'R5 Large Lot Residential Zone'....................................................................................................... 91

13.14   Local Heritage Places Grants 2017--18.......................................................................... 94

13.15   Submissions Report on the Draft Byron Shire Flying-fox Camp Management Plan..... 96

13.16   Mobile Food Venders ................................................................................................... 104

13.17   PLANNING - Rural Land Use Strategy - Submissions Report and Finalisation........... 112

13.18   PLANNING - 26.2016.6.1 - Existing Land Uses at The Farm, Ewingsdale Road, Ewingsdale     120

13.19   PLANNING - 10.2017.198.1 Mixed Use Development for Three (3) Commercial Tenancies (for use as Shop, Restaurant or Cafe or Office Premises) and Six (6) Shop Top Housing Dwellings at 9 Station Street Bangalow................................................................................................ 132

13.20   Response to DPE Short Term Holiday Letting Options Paper .................................... 156

13.21   Update Council Resolution 17-191 Secondary Dwelling Conditions............................ 161

13.22   Update on Resolution 17-263 Short Term Rental Accommodation Enforcement Options 166

13.23   Update Draft Coastal Zone Management Plan - Byron Bay Embayment .................. 171

13.24   Report of the Planning Review Committee Meeting held on 28 September, 2017...... 176

13.25   Heritage and Environmental Assessment Reports - Coastal Cypress Pines at Terrace Reserve Brunswick Heads.......................................................................................................... 178

13.26   Manfred Street - Update Reclassification Planning Proposal ...................................... 181

13.27   Proposed Strategic Business Panel.............................................................................. 187

13.28   Update on Resolution 17-283 Innovative Business Incubation Program...................... 190

Infrastructure Services

13.29   Status Report on Road Safety Funding Applications 2014-2017 (Black Spot)............ 199

13.30   Settlement Road Proposed Actions.............................................................................. 203

13.31   Draft Plan Of Management - Byron Bay Recreation Grounds.................................... 205

13.32   Proposed Installation of Telecommunications Equipment for Telstra Corporation Limited
Bangalow Sportsground Lot 5 DP 1039596.................................................................. 208

13.33   Vallances Road Management Plan............................................................................... 212   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Audit, Risk and Improvement Committee Meeting held on 12 October 2017         215

14.2     Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 22 September 2017............................................................................................................ 218

Infrastructure Services

14.3     Report of the Local Traffic Committee Meeting held on 19 September 2017............. 222

6.1.... Event Road Closures - Mullum2Bruns Paddle 2018. 222

6.2.... Event Road Closures - Falls Festival 2017/18. 223

6.3.... Capital Works - Coolamon Scenic Drive (South Mullumbimby) - Regulatory Signage and Line Marking  224

6.4.... Event Road Closures - 50th Anniversary NSW National Parks and Wildlife Service. 224

6.5.... Event Road Closures - Bangalow Christmas Eve Carnival 2017. 225

6.6.... Event Road Closures - Brunswick Woodchop Twilight Markets 2017. 226

6.7.... Event Road Closures - Byron Lighthouse Run 2017. 227

6.8.... Event Road Closures - Mullumbimby Music Festival 2017. 229

6.9.... Event Road Closures - Chincogan Charge 2017 (out of session) 230

7.1.... Shared Zone - Seven Mile Beach Road, Broken Head. 230

7.2.... Event Road Closures - Byron Bay Triathlon 2018 (for comment only) 230

8.1.... DA 10.2016.632.1 - Subdivision of One Lot into Two Lots - 103 Paterson Street, Byron Bay. 231

 

14.4     Report of the Water, Waste and Sewer Advisory Committee Meeting held on 14 September 2017....................................................................................................................................... 233

14.5     Report of the Water, Waste and Sewer Advisory Committee Meeting held on 10 October 2017....................................................................................................................................... 236   

 

15Questions With Notice

15.1     Works in Protected Areas............................................................................................. 239

15.2     Expert Witnesses for Myocum Property Appeal.......................................................... 243

15.3     Butler Street Bypass Development Application............................................................ 245

15.4     Community input into expenditure of section 94 monies.............................................. 246   

16.  Confidential Reports

Corporate and Community Services

16.1     Confidential - Grant 6-year sub-licences for Surf Schools, Personalised Surf Schools, Sea Kayaks and Stand Up Paddleboards as Preferred Tenderers..................................... 247

Infrastructure Services

16.2     Confidential - Council Tender for the Multi Use of Byron Shire Rail Corridor...... 249  

 

 

 

 

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     Mayor's Discretionary Allowance

File No:                                  I2017/1292

 

  

 

I move:

 

1.       That Council confirm the following donation from the Mayor’s Discretionary Allowance 2017/18:

 

          Mullum Cares - $250

 

2.       That Council advertise the donations in accordance with Section 356 of the Local           Government Act 1993.

 

 

 

Councillor’s Background Notes:

 

$250.00 Mullum Cares

 

Funds were provided to Mullum Cares for the payment of advertising War on Waste Day in the Byron Shire Echo.

 

The War on Waste Day event was co-sponsored with Byron Shire Council’s Waste Team and held on Saturday 26th August 2017 in the grounds surrounding the Council Chambers.

 

This free community event provided demonstrations and interactive waste saving activities.  Talks and demonstrations also provided information on how to keep backyard chickens, making compost and compost tea, and making your own beeswax strips.

 

Recommended priority relative to other Delivery Plan tasks:

 

Minimal Impact.

 

Definition of the project/task:

 

That Council note and advertise the donations from the Mayor’s Discretionary Allowance for 2017/18.

 

Source of Funds (if applicable):

 

Mayor’s Discretionary Allowance (2153.13)

 

Signed:   Cr Simon Richardson

 

Management Comments by Mark Arnold, Director Corporate and Community Services:

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

 

Clarification of project/task:

 

Confirm and advertise the making of donation from the Mayor’s Discretionary Allowance for 2017/18 being:

 

Mullum Cares - $250

 

Director responsible for task implementation:

 

Director Corporate and Community Services

 

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

 

This will have minimal impact on other projects/tasks.

 

Financial and Resource Implications:

 

The 2017/18 Budget adopted by Council included an allocation of $2,000.00 for budget item Mayor – Discretionary Allowance.  Sufficient funds are available for making the nominated donation of $250.00.

 

Legal and Policy Implications:

 

In relation to the making of Section 356 Donations from the Mayor – Discretionary Allowance, Council at its Ordinary meeting held on 14 May 2009 resolved as follows: -

 

09-349 Resolved that Council confirm that all s356 donations, to be made from the budget allocation “Mayor – Discretionary Allowance”, must be the subject of a resolution of the Council at Ordinary or Extraordinary meeting.”

 

This Notice of Motion is to confirm the making of the listed Section 356 Donation.

 

The Section 356 Donation will be advertised and public notice of financial assistance provided in accordance with Section 356 of the Local Government Act 1993.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Clothes Optional Tyagarah Beach

File No:                                  I2017/1448

 

  

 

I move that Council:

 

1.       Revoke its declaration of 27 October 1998 declaring a part of the Tyagarah Beach as clothes optional (Resolution 8147);

 

2.       Advise relevant state agencies, including National Parks and Wildlife Service and NSW Police, of its Resolution; and

 

3.       Distribute a media release advising the general public of the Resolution.

 

Attachments:

 

1        Clothes Optional Beach Map, E2017/94140

 

 

Signed:   Cr Paul Spooner

 

Councillor’s supporting information:

 

I have become very concerned regarding the escalation of reported sexual assaults and continuing social problems happening at Tyagarah Beach.

 

Local residents have been increasingly making complaints about the inappropriate sexual behaviors of visitors to the area. Many no longer feel it is safe to frequent this coastal location.

 

I believe it is the responsibility of Council to revoke its clothes optional declaration made in 1998. The area this declaration applies to is outlined in the attached map.

 

A number of serious sexual assaults have been reported to police in recent months. This has resulted in charges such as detaining a person with the intent to commit a serious offence, committing an act of indecency and indecent assault being laid against the perpetrators.

 

The National Parks and Wildlife Service do not see it as their responsibility to manage negative social behaviour at this location due to Council’s declaration.

 

By revoking this declaration there will exist no confusion over the appropriate use of this location. This will enable it to be easier for NSW Police to manage any negative behaviour and illegal actions.

 

While I am not against clothes optional bathing on our beaches it seems blatantly clear to me that the isolated location at Tyagarah has unfortunately encouraged negative social behavior and has made the location undesirable for many people to now use as a public beach.

 

The safety of our residents should be the prime concern for council. By removing the clothes optional declaration it will send a strong signal to those utilizing Tyagarah as a location for inappropriate sexual activities to move on. 

 

Everyone has a right to feel safe in public places and should not have to be confronted by intimidating or sexually aggressive behavior. 

 

Let’s make Tyagarah Beach safe again.

 

Staff comments by Ralph James Coordinator Legal Services:

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

 

Background

 

Gold Coast Bulletin August 21, 2017

 

POLICE are targeting nudists on a "clothes-optional" strip of beach at Byron Bay after a spate of lurid sexual behaviour.

 

But the local council and National Parks and Wildlife Service (NPWS) are passing the buck over who should take responsibility for alerting the public about the nude beach at Tyagarah.

 

Police say the Tyagarah Lakes and beach area is a well-known meeting place for hanky panky. This year, they launched a crackdown on offenders after reports of nefarious behaviour in the paradise-like locale.

 

Byron Shire Council also confirmed they had received complaints from residents about sleazy goings on.

 

"Members of the public have made complaints, particularly about the Gray's Lane area," Tweed Byron Local Area Command Detective Superintendent Wayne Starling said.

 

"It's well known to us as a haunt for particular members of the community," he said.

 

In past month alone several people have been sexually propositioned in the middle of the day, including a 28-year-old tourist who had to run for help after being indecently assaulted by a partially clothed man in his 50s.

 

The man was later charged with several offences, including detaining a person with the intent to commit a serious offence, committing an act of indecency and indecent assault.

 

Another woman in her 20s was walking through a bush track nearby Tyagarah beach about 1.30pm two weeks ago when a 54-year-old naked man with an erection came up behind her.

 

He is accused of aggressively sexually propositioning her before grabbing her breasts.

 

The man was charged with assault and committing an act of indecency….

 

Police are targeting nudists on a "clothes-optional" strip of beach at Byron Bay after a spate of lurid sexual behaviour.

 

On other occasions men have been seen masturbating naked on the beach in the middle of the day and police have arrested nude beachgoers for possessing drugs.

 

Det Supt Starling said police had previously given people move-on directions if caught acting inappropriately,  but were now ramping up their approach.

 

"People need to know if they are committing offences in that area they will be charged, brought before the courts and prosecuted," he said.

 

"We have extra patrols in the area, which is a well-known to us, because when members of the public are at risk we take it very, very seriously."

 

"We have extra patrols in the area, which is a well-known to us, because when members of the public are at risk we take it very, very seriously," Det Supt Starling said of Tyagarah Beach

 

A NPWS spokeswoman said while the Tyagarah Nature Reserve was managed by the agency, the clothes-optional strip of coastline was the council's domain.

 

"NPWS is aware of complaints and alleged assaults in the area and undertakes daily patrols of Tyagarah Nature Reserve. NPWS works closely with police," she said.

 

"NPWS has approved Byron Shire Council to place signs on the nature reserve approach to the council-managed beach advising that clothing is optional."

 

The council denied the beach was their responsibility, pushing it back on the NPWS.

 

"The beach to the north of Belongil at Tyagarah is a clothes-optional beach. The beach at Tyagarah is part of the Tyagarah Nature Reserve which is managed by the (NPWS)," a council spokeswoman said.

 

"Council has asked NPWS to consider erecting signs at the beach to inform people it is a clothes­ optional area."

 

Statutory context

 

LOCAL GOVERNMENT ACT 1993 - SECT 633

 

633 BATHING (INCLUDING NUDE BATHING) AND OTHER WATER-BASED RECREATIONAL ACTIVITIES

 

(2)    A person who is in public view in the nude in any place (other than a designated beach) referred to in subsection (1) is guilty of an offence unless a notice erected by the council at the place allows the use of the place (or part of the place) for the purposes of nude bathing.

 

Maximum penalty: 10 penalty units.

 

A "designated beach" means any of the following beaches, or any part of the following beaches (including the sea adjacent to any such beach):

 

Lady Bay (Lady Jane) Beach Cobblers Beach

Obelik Beach

Werrong Beach

Samurai Beach

 

In the present context this section permits a person to be nude, without committing an offence, provided that the nudity takes place on a designated beach or one which has a notice erected by the Council allowing the use of the place for the purpose of nude bathing.

 

As Tyagarah is not a designated beach in order to permit nude bathing it must be the subject of a notice erected by Council allowing the use of the beach for the purpose of no bathing.

 

(3)     A council may erect a notice:

(a)     on land vested in or under the control of a council, or

(b)     on any other land, with the consent of the person who owns or controls the land.

 

(4)     The terms of a notice referred to in this section may relate to one or more of the following:

(a)     the conduct and costume of the bathers in the place,

(b)     the use of the place (or any part of the place open to public view) for the purposes of nude bathing,

(c)     the use of water-based recreational equipment in the place.

 

In order for Council to erect a notice it must be on land vested in under the control of Council or on other land with the consent of the person who owns or controls the land.

 

SUMMARY OFFENCES ACT 1988- SECT 4

 

4     OFFENSIVE CONDUCT

 

(1)     A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.

 

Maximum penalty: 6 penalty units or imprisonment for 3 months.

 

(2)     A person does not conduct himself or herself in an offensive manner as referred to in subsection

 

(1) merely by using offensive language.

 

(3) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting "himself or herself in the manner alleged in the information for the offence.

 

In this context a person who is nude on a designated beach or on one which is the subject of a notice erected by Council would have the benefit of the defence in (3). This would be to the nudity only and would not extend to any other form of offensive conduct committed whilst nude.

 

SUMMARY OFFENCES ACT 1988- SECT 5

 

5     OBSCENE EXPOSURE

 

A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.

 

Maximum penalty: 10 penalty units or imprisonment for six months.

 

Generally speaking, something is obscene if it is offensive, based on the contemporary standards of society.

 

It is arguable therefore that if a particular area has been designated by a Council as a place where nude bathing is permitted, such an activity at that place would not offend the contemporary standards of society-as have been dictated by the Council with responsibility for the area.

 

Again this would be to the nudity only and would not extend to any other form of offensive conduct committed whilst nude.

 

The location

 

The area of land encompassing Tyagarah Beach is owned by National Parks and Wildlife Service, The land is not registered and has no Lot or Deposited Plan. 

 

 

Previous resolution

 

Council resolved (8147) at its Ordinary Meeting of 27 October 1998 to declare part of the beach at Tyagarah as clothes optional.

 

History

 

It appears that this issue was raised via a Notice of Motion from then Cr. Ian Hosken dated 12 October 1998.

 

Staff have been unable to locate a staff report (or any documents at all) prepared for this matter.

 

No information is available as to the reasoning, rationale and basis for Council's decision to consider and adopt this NOM. No document evidencing the existence of consent to the erection of signage has been located.

 

Council advertised the 'Clothes Optional' beach in the Byron Shire News on 15, 22 and 29 December 1998.

 

A memo dated 3 November 1998 from the Health & Environment Manager to Council's Ranger gives directions about site location maps and placement of signs.

 

Council has the clothes optional beach listed on its website at

http://www.byron .nsw.gov.au/beaches

 

In the recent past, Council has at the request of state government agencies erected

signage in the car park at the end of Grays Lane, and has replaced this following vandalism or theft and at the request of NPWS.

 

On 8 August 2013 Council resolved (13-381) as follows:

 

1.   That Council investigate suitable locations within the Shire where Clothes Optional Bathing may be declared .

 

2.   That Council consult with close optional bathers, relevant community groups and state agencies regarding the issue of managing anti-social behaviour in regards to Clothes Optional Bathing within the Shire.

 

3.   That a report be prepared for Council is to inform determinations regarding current Clothes Optional Bathing declarations and any proposed future declarations.

 

It appears that this resolution has not been actioned.

 

It is open to resolve that Council revoke its declaration of 27 October 1998 declaring a part of the Tyagarah Beach as clothes optional (Resolution 8147).

 

As previously advised, Council had the power to erect signage. Section 633 (3) (b) of the Local Government Act provides that Council could erect a notice on land it did not control provided that it had the consent of the person who owned or controlled the land.

 

As Council does not have jurisdiction over this land any notice erected to prohibit clothes optional activity in this area would not be enforceable by Council. The Police may be able to take enforcement action under the Summary Offences Act – as referred to earlier.

 

Council does not benefit in any way from declaring part of the beach to be clothes optional. In fact, the opposite applies. If the situation with anti social behaviour continues or deteriorates Council will continue to receive complaints, will be requested to install and replace signage, and to become involved with regulatory and enforcement operations.

 

Should any of the state government agencies feel the need for this part of the beach to remain as clothes optional then those agencies are at liberty to pursue, implement and regulate this.

 

Resolving as moved would not be adopting either an anti or pro clothes optional beach position, but would instead be simply recognising that Council has no jurisdiction to declare this part of the beach as clothes optional, or the means to enforce or regulate this. If people continue to use this area as clothes optional that is not a matter over which Council has any regulatory control.

 

Financial/Resource/Legal Implications:

 

As set out in the body of the staff comments.

 

Is the proposal consistent with any Delivery Program tasks?

 

N/A.


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Refunding Council’s Feral Animal Management Program

File No:                                  I2017/1460

 

  

 

I move that Council reinstates the Feral Animal Management Programme by allocating $10,000 to assist meeting the costs of a trapper from January to June 2018 and a further $20,000 be allocated in the 18/19 and subsequent financial years.

 

Attachments:

 

1        Feral Animal Wild Dog, Fox and Cat Management Plan 2013-15 , E2017/94456

 

 

Signed:   Cr Alan Hunter

 

Councillor’s supporting information:

 

Feral animals, including wild dogs, foxes and feral cats can have a significant impact on livestock and wildlife. In Australia, feral animals typically have few natural predators or fatal diseases and high reproductive rates. As a result, they have a high survival rate and can form large populations, often to the detriment of native species.  Feral animals impact on native species by predation, competition for food and shelter, destroying habitat, and by spreading diseases. Feral animals impact on a range of livestock, mainly through predation and transmission of disease.

 

Council commenced a trapping program in late 2011, mainly targeting wild dogs but also foxes and cats. Significant trapping effort was carried out between March and September 2012 resulting in removal of 63 dogs, 21 foxes and 5 cats. The trapping program was successfully carried out on private land and involved financial support from both Council and landholders. Following this initial trapping program Council resolved to provide additional funding and an ongoing commitment to feral animal management.

 

Residents in the Byron hinterland have seen an increase in wild dog numbers, and have had repeated sightings of dogs chasing native fauna and constant reports of packs roaming the country side. Bush regenerators have been bailed up by these dogs in the bush. Dogs don't observe property boundaries and the problem is for all residents and Council shire wide.

 

The North Coast Local Land Services (LLS) assists landholders to manage wild dogs through advice, supply of baits, assistance with coordinating baiting programs and developing wild dog management plans. The effectiveness of this sort of assistance is difficult to measure because rarely evidence is found of carcasses in the target species. The LLS doesn’t assist at all with trapping, other than provide advice in management plans.

 

For the past few years, funds for the pest animal control were allocated from the Byron Council environmental levy and external funded projects including Koala Connections and Bush Connect.  These projects effectively finished 30 June 2017 and the levy reallocated, therefore funds for the pest animal control program are no longer available, effectively putting the whole program on hold. 

 

Staff comments by Shannon Burt, Director Sustainable Environment and Economy:

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

 

Council previously allocated $12,000 as a one off amount to provide an alternate to baiting wild dogs on private property. These funds were extended through the Koala Connections grant for a further two years. The monies allocated were used to retain a trapper who undertook live trapping on private property. If dogs were caught the landowners also paid a fee to the trapper. It was a generous program that supported a limited number of private property owners. 

 

Council has again been receiving enquiries about funding this program again. Staff have been advising landowners that there are no Council monies to support trapping on private land and that this previous offer from Council was an extremely generous offer only for a limited time. 

 

Notwithstanding the above, it is acknowledged that unabated, feral animals like wild dogs, cats and foxes present a serious and long term threat to farm livestock and native animals. 

 

Under legislation all landowners are expected to control feral animals.  At present Council has no clear understanding of the feral animal issue on Council owned/managed lands or that on private lands in the Shire.

 

Council has recently received a $40,000 grant from Office Environment and Heritage under the Saving our Species for education and threat abatement activities as per the Byron Comprehensive Koala Plan of Management. It is intended that part of these funds be used for this analysis of threats such as feral animals so that Council can gain an understanding of the extent of the issue and allocate resources accordingly.

 

What is proposed, is the collection of data on wild dog ‘hotspots’ mapped against Council owned/managed land, koala habitat and baiting programs run by Local Land Services and National Parks and Wildlife Services.  

 

This work is expected to occur over the next 12 months. It would be preferable therefore that before any further funding allocations are made by Council to private landowners for trapping on their land that the hotspot work be completed to ensure the maximum benefit is derived from any trapping program.

 

Financial/Resource/Legal Implications:

 

All the Environment Levy finds for 2017-18 are committed to other priority Council projects. A funding source will therefore need to be identified from the 2017/18 operational budget and forward 2018/19 budget.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes En 1.1.1 Protect and enhance our natural environment and biodiversity - Continue to develop partnerships with NSW Local Lands Services, State and Federal Government to facilitate investment in Biodiversity Programs.


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Commitment to the Community Charter for Good Planning

File No:                                  I2017/1461

 

  

 

I move:

 

1.    That Council reaffirm its commitment to the Community Charter for Good Planning.

 

2.    That Councillors work with staff to integrate the principles of the Charter into planning decisions.

 

Attachments:

 

1        Planning for People Charter Companion document, E2017/94460

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

Planning for People: A Community Charter for Good Planning in NSW (the Charter) is a 2 page document that sets a community vision, key principles and desired outcomes for good planning in NSW.

The Charter and its Companion were prepared by a working group of community organisations in consultation with the Better Planning Network, Community Councillors Network, Inner Sydney Regional Council for Social Development, National Parks Association of NSW, National Trust of Australia (NSW), Nature Conservation Council of NSW, NSW Heritage Network, Shelter NSW and the Total Environment Centre.

 

The Charter is accompanied by a Companion document that details these principles and outcomes, as well as some of the mechanisms through which the Charter could be implemented.

 

Staff comments by Shannon Burt, Director Sustainable Environment and Economy:

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

 

Planning for People: A Community Charter for Good Planning in NSW (the Charter) is a 2 page document that sets a community vision, key principles and desired outcomes for good planning in NSW.

 

The Charter is accompanied by a Companion document that details these principles and outcomes, as well as some of the mechanisms through which the Charter could be implemented.

 

The Charter was developed for use by a wide range of groups and individuals in the lead-up to the NSW Elections in March 2015, to put the need for good planning on the agenda of voters and candidates.

 

The Charter and its Companion were prepared by a working group of community organisations in consultation with the Better Planning Network, Community Councillors Network, Inner Sydney Regional Council for Social Development, National Parks Association of NSW, National Trust of Australia (NSW), Nature Conservation Council of NSW, NSW Heritage Network, Shelter NSW and the Total Environment Centre.

 

The Mayor introduced support of the Community Charter for Good Planning in NSW  to Council as a Mayoral Minute at the Ordinary meeting held on 11 December 2014. Council resolved in favour of my Mayoral Minute (Res 14-624) as follows:

 

Res 14-624 that Council

a)    support the Community Charter for Good Planning in NSW by signing the Charter, which appears as an Attachment to this Mayoral Minute and on: www.thecommunitycharter.org.

b)    endorse its five key principles as they appear on the Charter; 

c)    recognise that Council’s name will be added to that of many other individuals and organisations that have signed, will appear publicly and will be sent to the following state politicians: 

·   the Hon. Pru Goward, MP, Minister for Planning; 

·   the Hon. Luke Foley, MLC, Shadow Minister for Planning; 

·   Mr David Shoebridge, MLC, The Greens NSW Spokesperson for Planning; 

·   the Hon. Robert Borsak, MLC, Shooters and Fishers Party; 

·   Reverend the Hon. Fred Nile, MLC, Christian Democratic Party; and 

·   the Hon. Rob Stokes, MP, Assistant Minister for Planning and Minister for the Environment and Heritage. 

d)    endeavour to make planning decisions consistent with those principles; 

e)    operate an open, transparent and accountable public consultation system; 

f)     engage with members of the public about positive and negative impacts on the local community before decisions are made and make minutes from such meetings public; 

g)    ask the Mayor to also write to the state politicians listed in point c) above, advising them of this resolution.                                                                                                                     (Richardson/Spooner)

 

Endorsing the Charter means that Council agrees with and supports its contents. Endorsement of the Charter acknowledges the issues raised in its Companion document.

 

The Companion document to Planning for People: A Community Charter for Good Planning in NSW (the Charter) details the principles and expected outcomes of a good planning system, as well as mechanisms through which the Charter could be implemented. These are presented below:

 

Section 1 Principles governing good planning

 

The well-being of the whole community, the environment and future generations across regional, rural and urban NSW

 

Effective and genuine public participation in strategic planning and development decisions

 

An open, accessible, transparent and accountable, corruption-free planning system

 

The integration of land use planning with the provision of infrastructure and the conservation of our natural, built and cultural environment

 

Objective, evidence-based assessment of strategic planning and development proposals

 

Section 2 Expected outcomes of a good planning system

 

Respects, values and conserves our natural environment and the services it provides.

 

Facilitates world-class urban environments with well-designed, resource-efficient housing, public spaces and solar access that meet the needs of residents, workers and pedestrians.

 

Provides housing choice, including affordable housing and sufficient housing for the disadvantaged, in a diversity of locations.

 

Celebrates, respects and conserves our cultural (including Aboriginal) and built heritage.

 

Protects and sustainably manages our natural resources, including our water resources, fragile coastlines and irreplaceable agricultural land for the benefit of present and future generations while maintaining or enhancing ecological processes and biological diversity.

 

Retains and protects our Crown lands, natural areas, landscapes and flora and fauna for the benefit of the people of NSW.

 

Gives local and regional communities a genuine and meaningful voice in shaping their local area and region, its character and the location, height and density of housing. Provides certainty and fairness to communities.

 

Section 3 Possible mechanisms for implementation

 

Establishment of a Strategic Planning and Policy Unit

 

Establishment of an independent Spatial Data Authority

 

Establishment of a Development Assessment Unit

 

Establishment of a Statutory Development Assessment Commission

 

Establishment of a Statutory Community Board

 

Access to Information

 

The above principles, outcomes and mechanisms underpin the planning and development policy and decision making of the current Council already. A review of these if deemed necessary could be undertaken.

 

Financial/Resource/Legal Implications:

 

N/A

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes CM 2.2.2 Facilitate meaningful and inclusive community participation.


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.5

 

 

Notice of Motion No. 9.5     Affordable Housing

File No:                                  I2017/1491

 

  

 

I move that Council:

 

1.       Tables an affordable housing addendum to its Supporting Partnerships Policy, focused on providing a clear framework to support partnerships based on providing affordable housing outcomes.

 

2.       Identify the preferred coordinating entity, structure and delivery arrangements which can deliver on Councils intent in a coordinated way, harnessing a range of community, private and Government resources and ensuring that benefits are retained for the community and that the principles of public accountability, community partnership and sustainability are embedded in the arrangement.

 

 

 

 

Signed:   Cr Sarah Ndiaye

 

Councillor’s supporting information:

 

The problem of housing affordability has grown and deepened in the Shire over recent times and the problem is having a negative impact on social and economic inclusion.

 

Council has acknowledged, that though it cannot solve the problem alone and much of the deliverance of affordable housing is beyond its control, it can play a constructive role in mitigating this problem and is working through its options to maximise positive community benefits.

 

There are a wide range of Government, Community and Private agencies that share an interest in addressing this problem.

 

Currently there are a number of affordable housing projects are being proposed to help address the problem, however a ‘project by project’ approach, without an overarching strategic plan, supported by effective policy, will not deliver maximum benefits to the community. A co-ordinated approach that can harness a wide range of external resources can provide the basis for maximising the outcomes for the community and leveraging Council assets and recourses.

 

For Council to move forward in this area we needs to ensure that the actions and interventions to improve housing affordability are strategic, policy driven, effectively targeted and sustainable, providing short, medium and long-term benefits for the Community.

 

Staff comments by Christopher Soulsby, Developer Contributions Officer, Assets and Major Projects and Shannon Burt, Director Sustainable Environment and Economy:

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

 

The Supporting Partnerships Policy is being presented to Council with a recommendation to adopt the policy in a separate report to this meeting – Public Exhibition of Draft Policy –Supporting Partnerships Policy (#I2017/1148).  Part 2 of the recommendation in this report notes that further guidelines will need to be prepared. 

 

A guideline on affordable housing partnerships would be used to prepare the requirements for expressions of interest (EOI) requests where Council solicits proposals and to provide the criteria to assess unsolicited proposals.  The guideline would provide an additional level of detail to compliment the policy.  In addition to the items covered in Part 2 of the NOM, the guidelines may include:

 

·      Options for value capture of the increase in land value resulting from land rezoning;

·      Use of voluntary planning agreements;

·      Recoupment of foregone developer contributions;

·      Specifications for the financial data to be presented to enable Council to model the proposal;

·      Types of affordable housing management model. 

 

Upon completion of the guideline it will be presented to a Strategic Planning Workshop and then reported to Council for adoption. 

 

Financial/Resource/Legal Implications:

 

Preparation of the guideline will be undertaken within existing resources.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes EN 2.1.2 Establish planning for and provision of inclusive and accessible housing that can meet the needs of our community.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.6

 

 

Notice of Motion No. 9.6     Current and future capacity of Bangalow STP - Assessment of capacity of the Bangalow sewerage system to handle sewage from DA No:10.2016.283.1 'Rural Industries Food Precinct 201 Lismore Rd Bangalow 2479.

File No:                                  I2017/1496

 

  

 

I move:

 

That Council receive as a matter of urgency a report that independently assesses the various capacities of the Bangalow sewerage system in the longer term and provides a basis to consider the feasibility or otherwise of connecting the proposed 'Rural Industries Food Precinct' (DA No:10.2016.283.1; 201 Lismore Rd Bangalow) as an alternative to its current proposal for on-site wastewater management. Assessments to include:

 

1.       Flow and composition of sewage that could be generated as proposed in DA No:10.2016.283.1 or as expanded over the years by its tenants.

 

2.       Current loading and treatment capacity of the Bangalow STP in both dry and wet weather, and in terms of both flow and pollutant loads.  

 

3.       Projected utilisation of the Bangalow STP taking into consideration the following:

 

·        Previous assessments of allocations to the Bangalow sewerage system

·        Byron Shire Council LEP (2014)

·        Byron Shire Council Preliminary Draft Residential Strategy (Aug 2016)

·        Bangalow Settlement Strategy (2003)

 

4.       Upgrade and augmentation works which would be required to accommodate treatment of the wastewater loads generated by both the above mentioned Development Application and other projected sewage loads through to a 20 year horizon, including but not limited to:

 

·        Sewerage network infrastructure

·        Dry weather flow balancing

·        Inlet works

·        Secondary treatment

·        Disinfection

·        Biosolids processing and management

·        Odour control works (both network and STP)

·        Whole-of-life costs associated with development, operation, and maintenance.

 

5.       Impact on the receiving environment (Byron Creek and Wilsons River) of additional flow and its content as would come to the system from the proposal.  

 

6.       Not approve any application to connect the proposal to Bangalow's sewerage system, including any additional flow or load (sewage content) that would be sent to the receiving environment unless the report shows conclusively that the STP has the capacity to handle the extra load from this development without compromising existing standards and expectations of future use. 

 

 

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

If successful, this motion will provide a timely assessment of the Bangalow STP capacity as we develop a new residential strategy. More immediately, the potential for a proposed ‘rural industries food precinct’ (DA No:10.2016.283.1) has called into question the current capacities of the Bangalow STP. Byron Shire Council planning staff are currently assessing the above mentioned Development Application.  This DA has been on public exhibition twice and is before the Northern Joint Review Planning Panel.  The DA has proposed an on-site waste management system that has been identified by both Council planning staff and independent experts as inadequate.  The developers are currently working with Council waste water staff to have the development use the Bangalow STP rather than an onsite treatment system. 

 

The community of Bangalow does not believe that this development, with the manufacturing and processing activities described in the DA, is capable of satisfactorily connecting to the Bangalow STP and are concerned about potential augmentation of the STP/sewerage system and increasing loads on Byron Creek and Wilsons River.

 

Flow and pollutant loads.

 

It is important to distinguish between flow and pollutant loads.  The Bangalow STP currently has sufficient flow capacity to meet current needs and may be able to handle additional flows generated by the development though it is unclear whether an upgrade would be required and at what cost.  A further question regarding increased flows is to what extent this would limit capacity for Bangalow including residential expansion already in the pipeline.

 

Pollutant loads represent a more significant issue. It has been estimated that the organic pollutant load generated by the development would be 350% higher than the total pollutant load from all of Bangalow currently.  Whether the Bangalow STP is capable of handling such an increase in pollutant loads is unknown as is what level of upgrade of the STP might be required and at what cost.

 

Receiving environment

 

Whether such pollutant loads can be treated sufficiently either by the STP or onsite before entering Byron Creek and Willson’s River is unknown and needs to be carefully considered particularly as the Wilson’s River is part of the drinking water catchment.

 

Recommended priority relative to other Delivery Plan tasks:

 

High as the issue is currently live and the information is needed to inform current decision making.

 

Definition of the project/task:

 

Obtain independent assessments of the Bangalow STP, sewerage system and receiving environments as detailed in the motion.

 

Source of Funds (if applicable):

 

Risk management reserve (subject to further advice on alternative sources)

 


 

Staff comments by Peter Rees, Manager Utilities, Infrastructure Services:

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

 

To undertake an independent assessment of all components of the sewerage system will take several months and cost of the order of $30,000 (Ex GST).

 

However staff’s assessment is that the current average dry weather flow (ADWF) for the treatment plant is approximately 330 kilolitres per day.  The plant is designed for an ultimate average dry weather flow of 850 kilolitres per day.

 

The information provided for this DA indicates a Trade Waste facility classification C requiring concurrence approval from DPI Water and approval by Council.  This requires pre treatment of the effluent on the proponent’s site complete with ongoing monitoring and testing of the effluent from the site to ensure the pollutant loads are within tolerance of the plant influent design.

 

The design influent characteristics for the plant are

 

 

Flow Characteristics

Units

Influent

ADWF

m3/d

850

Max Month Flow (assumed)

m3/d

1,062

Max Day Flow

m3/d

2,550

Influent Wastewater Characteristics

Units

Influent

BOD5

mg/L

275

TSS

mg/L

250

VSS

mg/L

200

NH3-N

mg/L

40

TKN

mg/L

60

TP

mg/L

11.0

 

Alkalinity

mg/L as CaCO3

 

220

Minimum Wastewater Temperature

ºC

14

Maximum Wastewater Temperature

ºC

28

Minimum Ambient Air Temperature

ºC

5

Maximum Ambient Air Temperature

ºC

30

Site Elevation

m

46

 

Staff’s preliminary assessment of the sewage transfer system indicates an upgrade of pump station 1004 will be required to accommodate this development.  This upgrade will be at the proponent’s cost to Council’s specifications.

 

Financial/Resource/Legal Implications:

 

To undertake an independent assessment of the Bangalow STP, sewerage system and receiving environments will cost of the order of $30,000 and take several months.  These funds are available in Council’s Sewer Reserve fund.

 

Is the proposal consistent with any Delivery Program tasks?

 

Not applicable

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.7

 

 

Notice of Motion No. 9.7     Supporting community resilience in flood planning

File No:                                  I2017/1498

 

  

 

I move that Council:

 

1.       Note Res 17-130

         

2.       Invite the State Emergency Service (SES) to provide a briefing to Council on current efforts to establish ‘Community Action Teams’ (CATs) as part of forward planning and responsiveness to flood events in local communities.

 

3.       Determine and provide support to potential CAT formation within the Byron Shire in conjunction with the SES and local communities.

 

4.       Develop a response plan as to how Council will respond to flood events with particular focus on the coordination of information and resources required by the community during and in the immediate aftermath of a flood.

 

5.       Implement a communications strategy to ensure widespread community understanding of Council’s role during and in response to a flood event.

 

6.       Consider funding and resources necessary to support these initiatives and provide a report to Council by the end of 2017.

 

 

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

I recently attended a series of community meetings conducted by the SES in Mullumbimby, Ocean Shores and Billinudgel. The purpose was to explore the preparedness of local communities to prepare for flood events by forming Community Action Teams (CATs) with the support of the SES. CATs have been established elsewhere in NSW successfully and the SES is now promoting their establishment following the March floods. In principle they are the same as the proposed ‘mud army’ referred to in Res 17-130.

 

The basic idea is that where there are willing volunteers, the SES will provide a local store (maybe a shipping container) of resources for the community to access during and immediately after a flood. CATs would then have the resources necessary to take responsibility for community safety during events. Volunteers determine the needs for their community - torches, first aid, hi viz wear, blankets, witches hats etc. CATs are also covered by the SES insurance.

 

This initiative from the SES is timely and provides Council with the opportunity to follow up on many of the actions referred to in Res 17-130.  Most notably the possibility to dovetailing with the SES on the establishment of a ‘mud army’ as local first responders. One of the lessons of the March event was that Council is seen as an immediate responder as waters subside. While the SES have expertise and resources during the emergency phase, Council may be able to provide additional resources to CAT’s for the immediate aftermath that would help local communities. For example road/flood signs, protocols and instructions for starting pumps etc.

 

Attendees at all the meetings were positive about the establishment of CATs and the SES is undertaking further work with those who registered an interest.

 

Part 4 and 5 of the motion are a response to other items referred to in Res 17-130, particularly the need for Council to have a clear response plan that includes contingencies for coordination of information and resources sought by the community in the immediate aftermath. While in many cases the action will be referral to other agencies (eg housing), it is important that Council is prepared with a plan for the who and how these services can be delivered.  Clearly communicating Council’s role prior to an event will also assist the community.

 

Obtaining a briefing from the SES is the first step to identifying the steps necessary to implement the objectives of the motion.

 

No significant additional funding is anticipated at this stage and it is suggested that the tasks be undertaken as part of ongoing operations.

 

Recommended priority relative to other Delivery Plan tasks:

 

High.

 

Definition of the project/task:

 

Arrange meeting with SES. Determine and provide support to potential CAT’s. Develop a coordination action plan for responses to floods. Implement a communications strategy.

 

Source of Funds (if applicable):

 

Existing operational

 

Staff comments by Anna Vinfield, Manager Governance Services, Community Corporate Services and Tony Nash, Manager Works, Infrastructure Services:

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

 

The State Emergency Service (SES) have been invited to present to Councillors at the 9 November Strategic Planning Workshop.  This presentation will outline community preparedness for future natural disasters including the potential formation of ‘Community Action Teams’ as part of forward planning and responsiveness to flood events in local communities.

 

Staff are preparing a detailed report on proposed Natural Disaster Response following a Mayoral Minute (RES 17-130) for presentation to the 23 November 2017 Ordinary Council Meeting.  The report will detail:

·    Extreme weather and disaster communication protocols;

·    Review of Council infrastructure performance during flood events; and

·    Community support and protocols.

 

It will also outline the implementation of ‘community action teams’ and consider required funding and resources.

 

Communication protocols

 

A draft emergency management communications plan has been developed and endorsed by Council’s communication committee.  This plan is a guideline for Byron Shire Council in the event of an emergency and supports the Tweed Byron Local Emergency Management Plan.  Communications from the Tweed Byron Local Emergency Management Committee (TBLEMC) when it is operational can be done a number of ways, such as from the TBLEMC, the Regional Emergency Management Committee, at a State level or referred back to the local committee and done by local government, such as was the case for Upper Coopers Creek landslip in 2013.  It depends upon the size, extent and severity of the event.

 

It should be noted that Byron Shire Council does not play a lead role other than when the emergency relates to infrastructure failure of water, sewerage, roads and other transport assets. During an emergency event, Council’s media and communication priority focus will be to residents, visitors and staff; local media; and national media.  The plan also articulates processes for the stages of preparation; response; and recovery.

 

Provision of resources to CAT’s

 

The resources required by each CAT will vary, as will the storage options and who provides these resources and controls access.  They will be developed in the formation of each individual CAT. Funding for Council to provide our share of the resources will become clearer as the discussions and formations of CATS in our area progresses.

 

Community support

 

A regional learning from the March flood event was the need for strong coordination of community volunteers in order to maximise the impact of community good will and avoid duplication to ensure residents affected by natural disaster receive clear messaging in relation to assistance.  Council is working with key service providers to develop a community response protocol which will include the development of a mechanism to effectively harness community volunteers in relation to provision of support for disaster affected residents.

 

The ‘community action teams’ proposed by the SES could be the appropriate mechanism for this.

 

Council will continue to play a lead role in advocating for community payments and grants in the wake of natural disasters and will, where appropriate, submit grant funding applications, or support key organisations to do so.

 

Financial/Resource/Legal Implications:

 

Implications will be determined in the report to be submitted to the November meeting.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

CI2.4.1 Provide and facilitate local emergency management - Enhance communication to community during Natural Disasters

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.8

 

 

Notice of Motion No. 9.8     Effluent Pathway as per Bayley Report

File No:                                  I2017/1502

 

  

 

I move that Council consider the “Bayley Report” as amended after the Panel meeting 28 September complete, and use it as the basis for application for permissions from various authorities (including BSD Union) to introduce a second drainage path as described by Option 2 of the Report.

 

 

 

 

Signed:   Crs Michael Lyon and Jan Hackett

 

Councillor’s supporting information:

 

The Byron Bay Sewage Treatment Plant (BBSTP) currently discharges up to 4 ML per day of dry weather flow into the Belongil catchment, which has led to significant concerns from adjoining landholders in recent years, particularly during wet weather where the low-lying areas remain inundated due to flow introduced by the town's sewerage system.

 

Additionally anticipating increased development in Byron Bay, effluent flowrates are expected to further increase over the next 5-10 years, which led Byron Shire Council to engage Australian Wetlands Consulting to prepare a capacity assessment of the Belongil Creek Drainage System, investigating both current BBSTP flows and projected 5ML/day and 8ML/day flows (the “Bayley Report”)in December 2016. This report was discussed at the last Coastal Estuary Catchment Panel meeting on 28 September and after minor amendments is now recommended for adoption. The report undertook a comprehensive review of ecological factors, rainfall and water-related events, geology and soil composition, water quality monitoring, hydraulic impacts and more, and included the development and modeling of two alternative effluent release pathways. Ultimately, the study recommended that an alternative pathway be provided via release into the Industrial Estate drainage system.

 

Furthermore, the Belongil Swamp Drainage Union has recently been reinstated, for the purpose of managing the Belongil Union Drain and ensuring it is in good operational condition. Under the Water Management Act 2000, drainage unions have the ability to collect rates within their gazetted areas for their purpose of maintaining their management and functionality.  The Union's jurisdiction includes the current flow path, which is to be retained for sharing effluent flows.  it may also include the alternative flow path.  

 

Staff comments by Peter Rees, Manager Utilities, Infrastructure Services:

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

 

At the 25 May 2017 Council resolution 17-163 adopted the Coastal Estuary Catchment Panel meeting recommendation 4.1.1

 

That the Coastal Estuary Catchment Panel recommends to Council that:

 

1.       feasibility plans be developed, including negotiations with State Government agencies and regulators to make the primary effluent release point through the Industrial Estate drain (Option 2 in the Capacity Assessment of the Belongil Creek Drainage System Report) as a modification to the current licence as soon as possible.

 

2.       the parameters, triggers and limits of reuse at the current licence point (EPA 4) for the purpose of ensuring that acidic runoff events and / or peat fires are limited within the upper drainage catchment be determined.

 

3.       Council acknowledge its commitment at the commissioning of Byron Bay STP to relying on reuse to match increases in sewer load and either find a strategy to achieve that level of reuse, or consider calling a moratorium.

 

4.       within development of the strategy, both reuse for human activities, as well as within the environment, be considered.

 

5.       feasibility studies be commenced for the recommended Byron Bay Sewage Treatment Plant 2025 augmentation to 10 ML/day.

 

6.       Council include an easement over Lot 12 Bayshore Drive to ensure the feasibility of Option 2 effluent flow path through the industrial drain into the future.  The cost of the easement, including opportunity cost, to be reimbursed to the General Fund from the Sewer Fund.

 

7.       further information be provided on both the historical and future reuse regime and moratorium implications.

 

8.       upon Council endorsement, this be sent to the Drainage Union.

 

Submissions have been sought from a relevant consultant to undertake the planning for items 1 and 2.

 

A draft Effluent Management Strategy has been developed for the Byron Shire. This has been been reported to the Water Waste and Sewer Advisory Committee and is subject to ongoing consultation. The strategy address items 4 and 7.

 

Item 6 has been actioned.

 

Data is being collated and a report will be prepared to address item 3.

 

A tender document is being prepared for item 5.

 

Financial/Resource/Legal Implications:

 

The costs associated for this work are included in the Sewerage 30 year capital works programme and operational plan.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.9

 

 

Notice of Motion No. 9.9     Drainage Union Contributions

File No:                                  I2017/1504

 

  

 

I move that Council estimate a contribution rate it is likely to pay to the reformed S D Union for use of the Drain as part of the effluent path from BBSTP, and pay that amount in advance to assist the Union cover its expenses such as preparing a Management Plan.

 

Attachments:

 

1        Revised Agreement Belongil Swamp Drainage Union, E2017/97400

 

 

Signed:   Crs Michael Lyon and Jan Hackett

 

Councillor’s supporting information:

 

The Byron Bay Sewage Treatment Plant (BBSTP) currently discharges up to 4 ML per day of dry weather flow into the Belongil catchment, which has led to significant concerns from adjoining landholders in recent years, particularly during wet weather where the low-lying areas remain inundated due to flow introduced by the town's sewerage system.

 

Additionally anticipating increased development in Byron Bay, effluent flowrates are expected to further increase over the next 5-10 years, which led Byron Shire Council to engage Australian Wetlands Consulting to prepare a capacity assessment of the Belongil Creek Drainage System, investigating both current BBSTP flows and projected 5ML/day and 8ML/day flows (the “Bayley Report”)in December 2016. This report was discussed at the last Coastal Estuary Catchment Panel meeting on 28 September and after minor amendments is now recommended for adoption. The report undertook a comprehensive review of ecological factors, rainfall and water-related events, geology and soil composition, water quality monitoring, hydraulic impacts and more, and included the development and modeling of two alternative effluent release pathways. Ultimately, the study recommended that an alternative pathway be provided via release into the Industrial Estate drainage system.

 

Furthermore, the Belongil Swamp Drainage Union has recently been reinstated, for the purpose of managing the Belongil Union Drain and ensuring it is in good operational condition. Under the Water Management Act 2000, drainage unions have the ability to collect rates within their gazetted areas for their purpose of maintaining their management and functionality.  The Union's jurisdiction includes the current flow path, which is to be retained for sharing effluent flows.  it may also include the alternative flow path.  

 

Staff comments by Peter Rees, Manager Utilities, Infrastructure Services:

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

 

As a landholder in the Belongil, Council should be levied drainage charges on the same basis as other landholders.  However, in addition to normal run off volumes, Council discharges varying volumes of highly treated effluent into the drainage system. 

 

Council had prepared a draft memorandum of Understanding for an agreement between the Belongil Swamp Drainage Union (BSDU) and Council to both reflect this increased flow in the system define a mechanism for increased contributions by Council to the BDSU. Please find attached a copy of this agreement.

 

However due to the lack of governance in the management of the BDSU, the revised agreement appears to have not been executed and payments in accordance with the agreement were suspended in 2007.

 

In accordance with the agreement a fixed fee of $10,000 per annum for existing flows up to 900 Megalitre/year plus $10 per megalitre for flows above 900 megalitres /year.  Based on the generally accepted of current flows of 3 megalitres/day currently discharged, the annual amount payable for 2017 would be $11,950.

 

It could be argued that had the BDSU undertaken governance in accordance with its legislative requirements, Council would have been liable to pay $10,000 a year for the past 10 years of operation - $100,000 in total.

 

It is proposed therefore that this $100,000 be allocated from Sewer Fund reserve to allow the BDSU to prepare and implement a Drainage Management Plan in accordance with its legislative requirements on the following conditions

 

The BDSU enters into a Memorandum of Understanding with Council generally in accordance with the attached MOU.

 

The BDSU give an undertaking to supply Council with appropriate governance documents as required under the legislation. In particular:-

 

·   Minutes of Drainage Union meetings

·   Annual Statements

·   Independent audit of financial statements

 

The BDSU Drainage Management Plan reflect:- 

 

·   Best practice drain maintenance guidelines

·   Council’s adopted Belongil Catchment Management Plan

·   Water Sensitive Urban Design Principles

 

Financial/Resource/Legal Implications:

 

The $100,000 payment to be sourced from Council’s Sewer Reserve fund.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

EN1.1.2 Restore degraded areas and habitats that have or provide significant or high environmental and or community value

 

EN1.4.1 Implement Estuary Management Program

 

CI1.51. Ensure stormwater infrastructure to improve flood management, social and environmental outcomes

 

CI1.5.2 Implement the Sewerage Strategic Business Plan   


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 27 September 2017

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2017/1362

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 Submissions and Grants as at 27 September 2017, E2017/97401

 

 


 

Report

 

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

 

Funding Applications – Successful

 

·    Building capacity in Byron’s Community Halls, Building Better Regions Fund Community Investments, (Australian Government) - $20,000

·    Blindmouth Creek Crossing replacement Bridges Renewal Programme, (Australian Government) - $570,275

·    Bridges for the Bangalow Agricultural Area,  Bridges Renewal Programme, (Australian Government) - $2,588,908

·    North Byron Coastline Management Plan, Coastal and Estuary Grants Program (NSW Government) - $75,000

 

Funding Applications - Unsuccessful

 

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

 

Funding opportunities identified for consideration by staff

 

·     Byron Shire Bike Plan, Active Transport (Roads and Maritime Services, NSW Government)

·     Cycle/walking paths, Broken Head road (Suffolk Park to Byron Bay), Active Transport (Roads and Maritime Services, NSW Government)

·     Cycle/walking paths, Lismore Road, Active Transport (Roads and Maritime Services, NSW Government)

·     Cycle/walking paths, Ewingsdale Road, Active Transport (Roads and Maritime Services, NSW Government)

·     Cycle/walking paths, Balemo Road, Active Transport (Roads and Maritime Services, NSW Government)

·     Shared Zones for Lateen and Bay Lanes, Byron Bay Active Transport (Roads and Maritime Services, NSW Government)

·     Clarks Beach Amenities, Stronger Country Communities Fund (Regional Growth Fund, NSW Government)

·     Ocean Shore Community Centre upgrade, Stronger Country Communities Fund (Regional Growth Fund, NSW Government)

·     Active Recreation Waterlily Park, Ocean Shores, Stronger Country Communities Fund (Regional Growth Fund, NSW Government)

·     Refurbishment of Sandhills Childcare Centre, Stronger Country Communities Fund (Regional Growth Fund, NSW Government)

·     International Busking Festival, Festivals Australia (Australian Government)

 

Funding submissions submitted and awaiting notification

 

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

·     Byron Bay Bypass, Regional Jobs and Investment Package for North Coast NSW (Australian Government)

·     Shark Smart Alert and Advice System, Shark Management Strategy Program (NSW Government)

·     622 Bangalow Road Safety Treatments, Safer Roads including Black Spot Funding (Roads and Maritime Services, NSW Government)

·     Brunswick Harbour Boat Ramp, NSW Boating Now (RMS, NSW Government)

·     Bridges for the Bangalow Agricultural Area, Fixing Country Roads (NSW Government Restart NSW)

·     Brunswick Library renovation and extension, Regional Cultural Fund (Regional Growth Fund, NSW Government)

·     Byron Trails, Northern Rivers Business Recovery Program (Commonwealth-NSW National Disaster Relief and Recovery)

·     Emergency Relief Information, Northern Rivers Business Recovery Program (Commonwealth-NSW National Disaster Relief and Recovery)

·     Billi’s Back, Northern Rivers Business Recovery Program (Commonwealth-NSW National Disaster Relief and Recovery)

·     Northern Rivers Resilience Masterclasses, Northern Rivers Business Recovery Program (Commonwealth-NSW National Disaster Relief and Recovery)

·     Byron Bay Town Centre Bypass, Growing Local Economies, (NSW Government)

·     McGettigans Lane to Pacific Highway,  Growing Local Economies, (NSW Government)

·     Clifford Street Roundabout, Growing Local Economies, (NSW Government)

·     Byron Bay Town Centre Bypass, Growing Local Economies, (NSW Government)

·     The Cavanbah Extension, Regional Sports Infrastructure, (NSW Government)

 

Additional information on the grant submissions made and or pending is provided in Attachment 1 – Grants report as at 27 September 2017

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $12 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                                                                        $12,620,784

Council cash contribution                                                                                              $7,670,525

Council in-kind contribution                                                                                              $151,470

Other contributions                                                                                                      $10,526,060

Funding applications submitted and awaiting notification (total project value)  $30,968,839

 

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 - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Local Government NSW Annual Conference 2017

Directorate:                 Corporate and Community Services

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

File No:                        I2017/641

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

In accordance with Council’s Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at Local Government and Shires Association Conference(s) as a voting delegate.”

 

The Local Government NSW Annual Conference 2017 will be held from 4 to 6 December 2017 at the Hyatt Regency, Sydney, NSW.

 

  

 

RECOMMENDATION:

That Council:

 

1.    Note the authorisation for Councillor Ndiaye to attend the Local Government NSW Annual Conference as a voting delegate, as per Council Resolution 17-439, adopted at its Ordinary meeting held on 21 September 2017.

 

2.    Authorise the following additional Councillors to attend the Local Government NSW Annual Conference 2017 to be held at the Hyatt Regency, Sydney, NSW from 4 to 6 December 2017:

 

Cr (A) _______________ and Cr (B) _______________ to attend as the voting delegates.

 

 

 

Attachments:

 

1        Letter from Local Government NSW - Invitation to the Local Government NSW Annual Conference 2017, S2017/12042

2        Voting entitlements_LGNSW Conference 2017, E2017/96176

 

 


 

Report

 

The Local Government NSW Annual Conference 2017 will be held at the Hyatt Regency NSW, from 4 - 6 December.

 

In accordance with Council’s Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at (a) Local Government and Shires Association Conference(s) as a voting delegate.”

 

Council is entitled to three voting delegates in the debating session.  This number is determined by population (see attachment 2 – E2017/96176).

 

Additional information and updates can be found on the Local Government Associations website at the address below.

 

http://www.lgsa.org.au/events-training/local-government-nsw-annual-conference  

 

Council is to notify LGNSW of its voting delegates by Wednesday 1 November 2017 and may notify LGNSW of any changes to its voting delegates by giving notice in writing, signed by either the Mayor or the General Manager, no later than 5pm AEDT Monday 4 December 2017.

 

Council previously resolved (17-439) at its Ordinary Meeting held 21 September 2017 to delegate authority to Councillor Ndiaye to attend the LGNSW Annual Conference.

 

The purpose of this report is to enable Council to authorise the attendance of no more than three (3) Councillor delegates to the Local Government Association of NSW Annual Conference 2017.

 

Financial Implications

 

Council has an allocation for Conferences (2145.004) of $19,400 within the 2017/18 budget. As at 4 October 2017, the remaining allocated budget for Councillors to attend Conferences in the 17/18 Financial Year is $13,765.85.

 

Council is therefore able to fund the cost of three delegates from this budget.

 

Where:                     Hyatt Regency NSW

 

Dates:                       Monday 4 December – Wednesday 6 December 2017

 

Costs per person:   Registration Fee (early bird due 23 October) $900.00

                                 Flights (approx)                                               $300.00

                                 Conference Functions  (approx)                     $300.00

Accommodation  (approx)                           $1,020.00

 

Total                                                            $2,520.00

 

Statutory and Policy Compliance Implications

 

In accordance with Council’s Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at Local Government and Shires Association Conference(s) as a voting delegate.”


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Public Exhibition of Draft Policy - Supporting Partnerships Policy

Directorate:                 Corporate and Community Services

Report Author:           Anna Vinfield, Manager Governance Services

File No:                        I2017/1148

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

Delivering better services and results for the community is a priority and it is recognised that Council is not able to solve problems alone.  There is an opportunity to harness the innovation and capital of the non-government sectors to deliver better outcomes for the community.

 

Council at its 22 June 2017 Ordinary Meeting considered the draft Supporting Partnerships Policy and resolved (17-278) to place the draft policy on public exhibition.

 

This report is provided to Council to consider the submissions received during the consultation period and outline the next steps in implementing this policy.

 

  

 

RECOMMENDATION:

That Council:

 

1.    Adopt the Supporting Partnerships Policy as detailed in Attachment 1.

 

2.    Note that supporting guidelines and assessment frameworks are being developed.

 

 

Attachments:

 

1        Draft Supporting Partnerships Policy, E2017/62241

2        Confidential - Supporting Partnerships Policy Submission 1, E2017/83966  

3        Confidential - Supporting Partnerships Policy Submission 2, E2017/83963  

4        Confidential - Supporting Partnerships Policy Submission 3, E2017/95448  

5        Confidential - Supporting Partnerships Policy Submission 4, E2017/83965  

 

 


 

Report

 

Council at its Ordinary Meeting held on 22 June 2017 considered Report 13.31 – Supporting Partnerships Policy.

 

Council resolved (Resolution: 17-278):

1.      That the Draft Supporting Partnerships Policy be placed on public exhibition for a period of 28 days.

2.       That in the event:

a)    that any submissions are received on the Supporting Partnerships Policy,  they be reported back to Council prior to adoption of the policy; or

b)    that no submissions are received on the Supporting Partnerships Policy, the policy be adopted and incorporated into Council’s Policy Register.

 

Council placed the draft policy on public exhibition for a period of 28 days, which closed on 10 August 2017. 

 

The draft policy was promoted through media release (http://www.byron.nsw.gov.au/media-releases/2017/08/04/byron-shire-council-looking-at-innovative-ways-to-deliver-community-outcom, 40 subscribers), social media, e-news (7200 subscribers) and public advertisements in the Byron Shire News and Sydney Morning Herald, impact investors’ networks and discussed with State Government agencies.

 

Submissions received

 

During the public exhibition period one submission was received.  Three were received after the deadline, however have been included below for completeness.  The submissions are contained at Attachment 2 (names have been removed).

 

The submissions are summarised below with management comments noted.

 

Comment received

Management response

Submission 1 (E2017/83966):

 

·      Draft Policy is broad and lack of detail means it may not meet the stated purpose of “establishing a framework to assess if a partnership approach is the best project delivery mechanism”

 

·      The framework is set by the Policy detailing the scope, objectives, principles and strategic context in which partnerships might be considered in future.

·      Policies need to set the policy direction of Council and be broad enough to accommodate future innovations that are rapidly occurring in this space.

·      Policy makes no mention of:

1)   Mechanisms for identifying and prioritising service and infrastructure needs that may be opportunities for PPPs

2)   Meaningful public consultation and comment

3)   Identification of responsibilities for decision making (eg committees, councils or staff)

4)   Making those responsible take account of community concerns identified in public consultation

5)   The sourcing of sufficient expertise to make assessment of potential social and economic impact

·      These procedural matters are addressed through other processes and Council delegations eg the forward works program and annual budget process, Council resolved delegations and engagement strategies etc. 

·      It is not practical to restate procedural matters in policies eg if when a change is made holistically to Council processes, each policy would have to be updated.

·      Those making decisions do have responsibility to take into account community submissions before making final decisions.

·      The degree of expertise required to assess environmental, social, economic and governance outcomes will vary with each potential partnership project. Resourcing will be assessed and adequate arrangements put in place during the project planning phase for each project.

·      The Policy may give authority for major decisions to staff who are not “electorally accountable to the public”.

·      A Policy cannot do this.

·      The allocation of responsibilities between the Council and staff is governed by the Local Government Act, the delegations Council resolves to grant to the General Manager and any delegations issued by State Government.

·      Policy may be seen by elected officials to negate the need for wide public information and consultation on individual projects.

·      The Policy embeds a requirement for open competitive processes on each project, which involves wide consultation, but as always, elected Councillors retain discretion to make decisions on a case by case basis. 

·      Supporting tools are currently under development including a register of unsolicited proposals (ie those proposals that get sent to Council outside of a public consultation process) so members of the public will be able to see them and what Council’s responses to them have been. While it will need to be a simpler version, the intention is to provide information similar to what the State Government does – see https://www.nsw.gov.au/contact-us/unsolicited-proposals/#currentcompleted-proposals .

·      There is great potential for both benefits and problems from PPPs in any level of government or size of community so the implications for a small community like Byron Shire, with so much attraction for potential profit making, should not be underestimated.

·      Agreed. PPP’s are governed by a strict legislative framework that includes independent oversight.

 

·      There will inevitably be tensions in any potential project between elements of policy eg between achieving 'the financial sustainability of the Council' with and within the 'quadruple bottom line outcomes'. What mechanisms will be used to fairly and democratically resolve these tensions?

 

·      Council has been using quadruple bottom line sustainability ie assessment of environmental, social, community economic and governance (including Council finances) outcomes, to guide services and projects for a long time and the same approach will be taken for partnership proposals.

·      For partnerships, additional guidance is also set out in the Principles section of the Policy.

·      The policy should bind all decision makers to rigorous processes of a proposal by proposal nature. I do not believe it does this in its current form.

·      Policies guide elected council decisions (only legislative requirements bind the elected Council) but Policies do bind staff. The Policy requires “an open, market-based process, where everyone is given the opportunity to compete for the partnership opportunity”.

 

·      The Policy makes it clear that Council is bound by and required to follow the rigorous legislative requirements that apply to PPP’s.

Submission 2 (E2017/83963) (received after deadline):

 

1) PUBLIC SECTOR CHAMPION:

·      There needs to be public champions for the project. People of influence in the community and BSC that support and understand the benefits of the project to the community. In the case of BSC this is an important resource not necessarily achieved purely through committee processes and also speaks to three below.

·      Noted

2) STATUTORY ENVIRONMENT:

·      “There should be a statutory foundation for the implementation of each partnership. Transparency and a competitive proposal process should be delineated in this statute. However, unsolicited proposals can be a positive catalyst for initiating creative, innovative approaches to addressing specific public sector needs.”

·      There must be room to encourage innovative thinking, not discouraged by a difficult to negotiate point of access to the public sector.

·      Agreed unsolicited proposals can be a positive and the Policy encourages them. Any potential partnership opportunity that is identified as a result of an unsolicited proposal, will then be subject to a competitive process.

·      The Policy encourages and invites innovation from the market and at the same time maintains openness and transparency, around all proposals including unsolicited proposals.

3) PUBLIC SECTOR’S ORGANISED STRUCTURE:

·      P3’s may become an important process for BSC to ensure advancement of public objectives. The organised structure must allow access as stated above. It must also allow for retention of knowledge and experience.

·      “The public sector should have a dedicated team for P3 projects or programs. This unit should be involved from conceptualisation to negotiation, through final monitoring of the execution of the partnership. This unit should develop Requests For Proposals (RFPs) that include performance goals, not design specifications. Consideration of proposals should be based on best value, not lowest prices. Thorough, inclusive value for money (VFM) calculations provide a powerful tool for evaluating overall economic value.”

·      Taking time to create these tools for each project is an essential part of successful 3P’s.

·      Agreed. PPP’s are governed by a strict legislative framework that includes independent oversight.

·      The Office of Local Government does have staff charged with oversight of Public Private Partnerships (called P3’s in the submission). At Council an internal working group has been formed to initially develop the policy and supporting guidelines, and to assess proposals.

·      Council has recently engaged a Business Analyst who will be central to this process.

 

4) DETAILED CONTRACT (BUSINESS PLAN):

·      “A P3 is a contractual relationship between the public and private sectors for the execution of a project or service. This contract should include a detailed description of the responsibilities, risks and benefits of both the public and private partners. Such an agreement will increase the probability of success of the partnership. Realising that all contingencies cannot be foreseen, a good contract will include a clearly defined method of dispute resolution.”

·      Agreed. PPP’s are governed by a strict legislative framework that includes independent oversight.

 

5) CLEARLY DEFINED REVENUE STREAM:

·      “While the private partner may provide a portion or all of the funding for capital improvements, there must be an identifiable revenue stream sufficient to retire this investment and provide an acceptable rate of return over the term of the partnership. The income stream can be generated by a variety and combination of sources (fees, tolls, availability payments, shadow tolls, tax increment financing, commercial use of underutilised assets or a wide range of additional options), but must be reasonably assured for the length of the partnership’s investment period.”

·      Unfortunately in Australia at the moment the techniques for financing these projects and incentives through the tax system are nascent.

·      However, it is broadly fair to say that in Australia land is in most instances the largest cost item in a 3P. As a result one of the most impactful actions available to the public sector is the contribution of land for a rent style payment and not a capital sum.

·      This is recognised in the Draft Policy but deserves considerable thought in determining the mechanisms that are acceptable to the public sector. The sustainable mechanism for pricing the return to the public sector has a range of options with a range of risks and it would be wise for BSC to commission a paper providing insights prior to undertaking the first EOI for a 3P.

·      Cost benefit analyses will be undertaken for all proposals and pricing mechanisms will be reviewed on a project basis. Council has recently engaged a Business Analyst who will be central to this process. 

 

 

6) STAKEHOLDER SUPPORT:

·      “More people will be affected by a partnership than just the public officials and the private sector partner. Affected employees, the portions of the public receiving the service, the press, appropriate labor unions and relevant interest groups will all have opinions, and may have misconceptions about a partnership and its value to all the public. It is important to communicate openly and candidly with these stakeholders to minimise potential resistance to establishing a partnership.”

·      This speaks to the accumulation and creation of a knowledge base that builds on successes and has flexibility to address inevitable challenges that we merge in the processes.

·      Noted

7) PICK YOUR PARTNER CAREFULLY:

·      “The “best value” (not always lowest price) in a partnership is critical in maintaining the long-term relationship that is central to a successful partnership. A candidate’s experience in the specific area of partnerships being considered is an important factor in identifying the right partner. Equally, the financial capacity of the private partner should be considered in the final selection process.”

·      If external finance instruments are to be used it is also crucial that the financier has confidence in the ability of the commercial partner to deliver a project.

·      Noted

Submission 3 (E2017/95448) (received after deadline):

 

·      It’s a great signal of intent from Council and captures the intention of the potential partnerships nicely.

·      Noted.

·      Council’s alignment with SDG’s and incorporation of GNH into its operations is such a wonderful evolution of local governance.

·      Noted.

Submission 4 (E2017/83965) (received after deadline):

 

·      I really like the document.

·      Noted.

·      I would just add some comments about certifications that align with the values of council and a preference to procure from companies with that certification. Business certification would be B Corp. Product certifications would be Fair-trade, FSC, etc.

·      Council’s procurement policy outlines principles for sustainable and ethical procurement and captures these values. 

·      Reference can be made in the supporting guidelines that are currently under development.

·      Council will conduct relevant due diligence on investments, including individual private companies, managers and funds for SRI, PRI, Impact and ESG investments and portfolios

 

Next steps

 

Officers are developing the supporting guidelines and framework to assess both solicited and unsolicited proposals. This is likely to include a flow chart with decision points, criteria and publication requirements.  Stakeholder engagement and transparency will be key and an on-line register, for both solicited and unsolicited proposals, is also currently under development.

 

Financial Implications

 

None from adoption of the Policy. The Policy requires that each partnership Council enters should return positive dividends for community and Council.

 

Statutory and Policy Compliance Implications

 

The draft Supporting Partnership Policy has been prepared having regard to the statutory requirements of the Local Government Act and Regulations, as well as the Independent Commission Against Corruption Guidelines on Direct Negotiations.  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Appointment of new alternate Councillor representative to Richmond Tweed Regional Library Committee

Directorate:                 Corporate and Community Services

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

File No:                        I2016/3

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

Council’s appointed representatives to the Richmond Tweed Regional Library (“RTRL”) are Cr Coorey and Cr Ndiaye, with Cr Hackett as the current alternate representative. Council appointed its representatives at its Extraordinary Meeting held on 29 September 2016. 

 

Councillors are appointed for a 4 year term in line with the Local Government Ordinary Elections unless otherwise resolved by Council.

 

The purpose of this report is to seek a replacement alternate representative for Cr Hackett, who has recently resigned as the alternate representative for this Committee.

 

  

 

RECOMMENDATION:

That Council appoint Cr ______________ as the alternate representative to the Richmond Tweed Regional Library Committee.

 

 

 


 

Report

 

The RTRL Committee has two Councillor Representatives appointed from each member local government area. The local government members of the RTRL are Ballina Shire, Byron Shire, Tweed Shire and Lismore City Councils. Each of the member Councils may also appoint an alternate delegate, if one of the appointed Councillor Representatives cannot attend.

 

Cr Hackett is currently the alternate member to the RTRL Committee, but has recently resigned due to conflicts which impact on her availability to attend RTRL meetings.

 

Background

 

The Richmond Tweed Regional Library was established in January 1971, when Lismore City Council and Ballina Shire Council signed an agreement to develop a joint free public library service. They were quickly joined by Byron Shire Council and Tweed Shire Council, and the Richmond Tweed Regional Library Service was created. Since then, with the strong support of these four councils, the library has grown and now offers a broad range of services including books, magazines, DVDs, community information talks and author visits. An extensive range of eResources can also be accessed online via this website. All service points offer a comprehensive free public library service, including the mobile library.

 

The RTRL Vision is:

 

 We will support our communities to achieve.

 

The RTRL Mission is:

 

To create an environment where people can discover, connect and escape with knowledge, skills, ideas and stories.

 

The RTRL Values are:

 

Show mutual respect, strive to do our best, love doing what we do, communicate connect, listen learn.

 

Meetings are held quarterly at alternate Local Government locations. Meetings commence at 10.00am and run to approximately 1.00pm, depending on agenda items. Morning tea and lunch is provided.

 

Please see the Richmond Tweed Regional Library web site for past business papers of this committee http://rtrl.nsw.gov.au 

 

Financial Implications

 

Councillors travel to and from Regional Committee meetings is reimbursed by Council and budgeted for in the Councillors Budget.

 

Statutory and Policy Compliance Implications

 

The RTRL requires the appointment of two Councillor representatives and an alternate representative.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Review of Mullumbimby Outside of School Hours Care Services

Directorate:                 Corporate and Community Services

Report Author:           Sarah Ford, Manager Community Development

File No:                        I2017/1351

Theme:                         Society and Culture

                                      Children's Services

 

 

Summary:

 

A review of Council’s Outside School Hours Care (OSHC) services in Mullumbimby has identified a lack of quality classroom or facility to provide services, low enrolments since 2015, and increased staffing costs to ensure the child protection risk to Council is managed. Council’s licence with Department of Education to provide OSHC services in Mullumbimby expires on 23rd December 2017.

 

  

 

RECOMMENDATION:

1.       That Council note the current facility constraints, low enrolment numbers, child protection provisions and requirements to meet National Quality Standards at the Mullumbimby OSHC service.

 

2.       That Council note the commitment and support from the Principal of Mullumbimby Public School and the Parents and Citizens Association of Mullumbimby Public School to overcome the current facility constraints and low enrolment numbers.

 

3.       That Council renew its Department of Education Licence for a period of 12 months from 23rd December 2017, and work intensively with Mullumbimby Public School to grow enrolments in an improved facility.

 

 

Attachments:

 

1        Photographs of Mullumbimby OOSH service, E2017/91611

 

 


 

Report

 

Council is licenced by NSW Department of Education to provide three Outside School Hours Care (OSHC) services within the Shire. These services are delivered at:

 

·   Byron Bay Public School – licenced 25 places OSHC & 50 Vacation Care

·   Brunswick Heads Public School – licenced 25 places OSHC & 50 Vacation Care

·   Mullumbimby Public School – licenced 20 OSHC & 40 Vacation Care

 

Services operate from 2:30pm-6pm during school term. Vacation care services are provided during the school holiday periods and operate from 8am-6pm.

 

Licences for the three services expire on 23rd December 2017 and Council will be required to submit a tender for ongoing services.

 

Mullumbimby OSHC & Vacation Care

 

The Mullumbimby service is located under an elevated building with no dedicated classroom or enclosed space for the children.

 

The critical issues with the current space include:

 

·   The area is concrete with no fixed walls. During rain events, there is water ingress and in winter there is no heating and the space is very dark

·   Furniture was purchased second hand from a thrift shop and the condition is poor

·   The kitchen is unhygienic and out of supervision view for educators

·   Children must access bathrooms unsupervised

 

The National Quality Standard (NQS) is a key aspect of the National Quality Framework (NQF) and sets a high national benchmark for early childhood education and care, and outside school hours care services in Australia. The Mullumbimby service is due to go through Assessment and Rating under the NQS.

 

Given the constraints of the existing site, the service is potentially in breach of the Regulations, as it will not successfully meet a number of Assessment and Rating criteria in Quality Areas 2 and 3.

 

Enrolments at the Mullumbimby Service have been low for a number years, with the enrolment statistics being detailed in the table below.

 

Table 1 – Enrolment Statistics

 

Mullumbimby OSHC

Average Children per day

 

2015

4.2

On 25 occasions there were between 0-2 children at the service  occasions

2016

4.3

On 19 occasions there were between 0-2 children at the service 

2017

4.85

Regular days with one or two children only

 

Low numbers at the Mullumbimby service were thought to be a result of the national “no jab, no pay” legislation introduced in January 2016, reflecting the low immunisation rates for the Shire and the impact on families of no longer being eligible for the child care rebate. An analysis of the data however shows that prior to the change in legislation, numbers were on average around 4.7 per day.

 

All Children’s services must be compliant with the 1998 Child Protection Act. Having two educators is best quality practice although not currently required under the NSW Regulations. Given the low numbers at Mullumbimby, there had been a practice of employing one staff member. After reviewing the Child Protection risk to Council, it was agreed that two staff members should be rostered on at all times.

 

As a result of the review, Council staff have been working with the Principal of Mullumbimby Public School to address concerns in relation to the viability of the service. The Principal acknowledges the importance of the service to families and the school community and has offered to support the continuation of the service in the following ways:

 

·   Provision of a dedicated classroom to 31 December 2018

·   Development and distribution of a survey to gauge enrolment interest in a new classroom space. The survey will be distributed to all primary schools within the catchment area.

·   Dedicated full page promotional space in the school newsletter twice per term in addition to the current weekly advertisement

·   Waive the annual lease fee of $3,000 for the use of the classroom space  

·   Support grant applications for a demountable building onsite to house OSHC services

 

Consultation:

 

Further consultation with the Mullumbimby Public School P&C Association has seen a high level of support for the continuation of services at the school. The P&C have offered support to grow the service by:

 

·   Promoting the service via P&C social media and word of mouth

·   Assisting the service to transition to the new classroom location via a P&C and family working bee

·   Providing support for fit out of the new space through fund raising activities

 

An initial parent survey was advertised via the school newsletter in September. Twenty responses were received with ten respondents identifying they use or would use the service. Comments from families using the service praise the professionalism of staff as well as highlight the poor facilities as a barrier to the service.

 

Results from the new parent survey developed in conjunction with the Principal and distributed in hard copy to all families, as well as schools within the catchment area, will be collated and provided at the 26 October Council meeting.

 

Financial Implications

 

Fee per day per child - $25.

 

One off annual grant of $10,500 for Rural Community Support from DEC.

 

Occupancy needs to be at 43% on daily basis to break even with two staff members.


 

Table 2 - Budget Analysis for 2017 – 2018

 

2018 to September

2017

Income

1214.1

DEEWR Grant

       1,743.33

  10,857.00

1214.2

Special Needs Grant

     2,068.88

1214.3

Fee Relief Grant

       1,695.87

     9,582.85

1231.3

Fees and Charges

       1,233.08

  13,132.32

Total Income

       4,672.28

  35,641.05

Expenditure

2388.1

Salaries & Oncosts

6585.47

  34,738.95

2388.2

SNSS Salaries & Oncosts

0

                  -  

2388.3

Rent

618.55

     1,957.06

2388.4

Other Operating Expenses

232.42

     4,696.18

Oncosts

       1,730.56

  10,216.67

Total Expenditure

       9,167.00

  51,608.86

Surplus/(Deficit)

-      4,494.71

- 15,967.81

 

The cost to Council in 2017 for provision of the service was $15,968. Since the decision to have two staff at all times in services, the cost to Council for the first two months of 2017/18 financial year is $4,495. Based on this figure, the projected loss for 2017/18 will be approximately $22,475.

 

The service would need to increase enrolments from and average of 4.85 students per day, to 9 students per day to break even.

 

Statutory and Policy Compliance Implications

 

Children and Young Persons (Care and Protection) Act 1998

Education and Care Services National Law Act 2010

Education and Care Services National Regulations & National Quality Standards

Children’s Services Policy 2017


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Section 355 Management Committee matters

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2017/1353

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report updates Council on recent resignations and proposed appointments to various committees. There is also an update on a number of capacity building projects, including the ‘Love Byron Halls’ project, currently underway and working towards community halls being the central hub of a locality, by providing opportunities for community connections and strengthening social cohesion.

 

  

 

RECOMMENDATION:

1.       That in regards to the Brunswick Heads Memorial Hall:

         

a)      the resignation from Linda Hibbard be accepted and a letter of thanks be provided.

 

b)                staff work with the Committee on alternative solutions to managing the Hall      considering the difficulty in recruiting active members on the management      committee.

 

2.       That the resignation from Richard Willan from the South Golden Beach Community           Centre Management Committee be accepted and that a letter of thanks be provided.

 

3.       That the resignation from Heika Braha be accepted from the Lone Goat Gallery Board           of Management and that a letter of thanks be provided.

 

4.       That Denise Curran and Wendy Smith be appointed to the Ocean Shores Community           Centre Management Committee.

 

5.       Council note the Capacity Building Projects and ‘Love Byron Halls’ project currently           underway with a view to community halls being the central hub of a locality, by           providing opportunities for community connections and strengthening social           cohesion.

 

 

 

Attachments:

 

1        Confidential - Confidential annexure to Council report 26 October 2017 addition community representatives for Section 355 committees, E2017/97402  

2        New Visual Identity for Lone Goat Gallery - examples, E2017/94219

 

 


 

Resignations and Committee appointments

 

This report details new appointments for Section 355 committees where nominations have been received; a resignation; and a change in Councillor representative request for Senior Citizen’s Hall Byron Bay.

 

Brunswick Heads Memorial Hall

A resignation has been received from Linda Hibbard from the Brunswick Heads Memorial Hall Management Committee.

 

Current members of this Management Committee are:

 

Councillors

Cr Simon Richardson

 

Community Representatives

Stephen Bond (on extended leave of absence)

Marj Trimble (Treasurer)

Beverley Rahill

Ann Burnett

Leah Schinagl

Melinda Bennett (Bookings)

 

The remaining members of this committee have struggled to reach a quorum at the last three meetings and an advertisement has been placed in local media, including social media, calling for new member nominations. No new nominations have been received and staff are now considering alternative options for the management of this hall.

 

Management Recommendation

That the resignation from Linda Hibbard be accepted and a letter of thanks be provided.

 

That staff work with the Committee on alternative solutions to managing the Brunswick Heads Memorial Hall considering the difficulty in recruiting active members on the management committee.

 

South Golden Beach Community Centre

A resignation has been received from Richard Willan from the South Golden Beach Management Committee. Current members on this Management Committee are:

 

Councillors

Cr Basil Cameron

Sarah Ndiaye (alternate)

 

Community Representatives

Lotte Boer

Zerina Millard (Chair)

Jennifer Parenteau

Gabrielle Ranaldi (Secretary)

Maureen Lightfoot (Treasurer)

Tony Horrigan (bookings)

Ana Mantuaneli

Melissa Tonnet                       

 

 

 

Management Recommendation

That the resignation from Richard Willan from the South Golden Beach Community Centre Management Committee be accepted and that a letter of thanks be provided.

 

Lone Goat Gallery Board of Management

 

A resignation has been received from Heika Braha from the Lone Goat Gallery Board of Management.

 

Current members on this Board of Management are:

 

Councillors

Cr Jan Hackett

Cr Sarah Ndiaye (alternate)

 

Community Representatives

Maureen Lightfoot (Treasurer)

Denise Napier

Faye Dorczak (Secretary)

Margaret White (Chair)

Shanti Des Fours

 

Management Recommendation

That the resignation from Heika Braha be accepted from the Lone Goat Gallery Board of Management and that a letter of thanks be provided.

 

Ocean Shores Community Centre Management Committee

 

Advertising for new members for this committee was conducted. Two new nominations have been received from Denise Curran and Wendy Smith. Details of nominees can be found in the confidential attachment.

 

Current members on this Management Committee are:

 

Councillors

Cr Jeannette Martin

Cr Cate Coorey (alternate)

 

Community Representatives:

Gail Fuller (Chair and Treasurer)

Leah Kapral (Bookings Officer)

Robyn Bolden

Susan Cubis

 

Management Recommendation: 

That Denise Curran and Wendy Smith be appointed to the Ocean Shores Community Centre Management Committee.

 

Capacity Building Projects

 

Council staff continue to support Section 355 volunteer committees to develop capacity and respond to community need. The projects outlined below will all contribute towards bringing community halls into a place of being a central hub of a locality providing a role in improving community connections and strengthening social cohesion. Current projects include:

 

1.  Lone Goat Gallery Board have been progressing actions in the Lone Goat Gallery Strategic Plan and soon will launch a new website and application process for artists to exhibit at the Gallery. There is a whole new look and feel with the development of a new visual identity for the Gallery. This new visual identity will be carried through all of the Lone Goat Gallery promotion material and documents for consistency. Attachment two provides examples of the new visual identity.

 

2.  Ocean Shores Community Centre Management Committee are working with staff towards attracting support services to outreach to local Ocean Shores residents, including play group and other activities supporting families.

 

3.  Senior Citizen’s Hall Byron Bay Management Committee have been working with staff to upgrade and freshen up the building with a view to a promotional launch of this facility to the community – “now open for bookings”. One of the committee members has written a play and the plan is to stage the play along with other activities on a launch day – date to be announced, probably in the new year. This committee are also soon to trial ‘senior’s afternoons’ which will be held as a fundraiser for the hall and will provide an opportunity for seniors to partake in card games, Ma Jong and other activities, or to just pop in for a cuppa and a chat.

 

4.  South Golden Beach Management Committee have been trialling some community get togethers in the form of a movie night. The movie nights have been so successful in attracting local families, the committee have decided to set up a Film Society and show regular movies on a monthly basis. The committee are working with local businesses and other supporters and are using these nights as fundraisers for the hall.

 

Love Byron Halls Project

 

Council was recently successful in obtaining Building Better Regions – Community Investment Stream funding of $20,000 to improve the management, accessible information and promotion of Byron Shire cultural and community facilities. The project will improve the information about each facility, identify opportunities for enhanced use, and at the same time build the capacity of the volunteer committees managing the facilities. This project will roll out over the next 12 months.

 

Financial Implications

 

Community Members of Section 355 Management Committees are volunteer positions unless otherwise resolved by Council.

 

Statutory and Policy Compliance Implications

 

Management Committees and Boards of Management operate under Guidelines which states:

 

3.2 Committee Membership

Committee membership will number not less than four and not more than nine and each committee will state the actual number in their Terms of Reference unless otherwise decided by Council. The exception will be the Bangalow Parks (Showground) committee which numbers twelve. Council reserves the right to appoint up to two Councillors to each Committee. The total number of members includes office bearer committee members and Councillor members which are appointed by Council. 

 

Whilst no particular qualifications are necessary (not withstanding 3.1.a), a commitment to the activities of the Committee and a willingness to be actively involved in Committee issues is essential. Committees work best when the workload is shared amongst committee members and there is evident goodwill and cooperation amongst members.

 

Further information on the operations and meeting minutes for these Committees and Boards can be found on Council’s web site at http://www.byron.nsw.gov.au/section-355-committees.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Council Investments September 2017

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/1355

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the month of September 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 September 2017 be noted.

 

 

 

 


 

Report

 

In relation to the investment portfolio for the month of September 2017, Council has continued to maintain a diversified portfolio of investments.  At 30 September 2017, the average 90 day bank bill rate (BBSW) for the month was 1.72%.  Council’s performance to 30 September 2017 is 2.51%.  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 September 2017:

 

Schedule of Investments held as at 30 September 2017

 

Purch Date

Principal ($)

Description

CP*

Rating

Maturity Date

Ethical ADI

Type

Interest Rate Per Annum

Current Value

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

N

AA-

24/03/22

N

B

3.44%

1,011,100.17

28/10/16

650,000

Teachers Mutual Bank

P

BBB+

28/10/19

Y

FRN

3.17%

653,642.89

31/03/17

1,000,000

CBA Climate Bond

N

AA-

31/3/22

N

FRN

3.25%

1,000,000.00

23/08/17

2,000,000

NAB

P

AA-

23/11/17

N

TD

2.47%

2,000,000.00

08/08/17

2,000,000

NAB

N

AA-

06/11/17

N

TD

2.45%

2,000,000.00

03/07/17

1,000,000

NAB

N

AA-

09/10/17

N

TD

2.44%

1,000,000.00

30/08/17

2,000,000

NAB

N

AA-

30/11/17

N

TD

2.23%

2,000,000.00

08/08/17

2,000,000

Bank of Queensland

P

BBB+

05/02/18

Y

TD

2.60%

2,000,000.00

02/08/17

2,000,000

Police Credit Union

P

NR

02/11/17

U

TD

2.55%

2,000,000.00

15/08/17

2,000,000

ME Bank

N

BBB

15/11/17

Y

TD

2.45%

2,000,000.00

01/06/17

2,000,000

Beyond Bank

P

BBB

03/10/17

Y

TD

2.65%

2,000,000.00

07/07/17

2,000,000

ME Bank

P

BBB

07/10/17

Y

TD

2.55%

2,000,000.00

08/08/17

2,000,000

ME Bank

N

BBB

08/11/17

Y

TD

2.45%

2,000,000.00

04/07/17

1,000,000

Bananacoast Credit Union

P

NR

04/01/18

Y

TD

2.70%

1,000,000.00

18/09/17

2,000,000

AMP Bank

P

A

18/12/17

N

TD

2.40%

2,000,000.00

08/09/17

2,000,000

NAB

N

AA-

08/12/17

N

TD

2.52%

2,000,000.00

30/08/17

2,000,000

ME Bank

N

BBB

30/11/17

Y

TD

2.45%

2,000,000.00

27/09/17

1,000,000

Bank of Queensland

N

BBB+

27/03/18

Y

TD

2.50%

1,000,000.00

04/07/17

2,000,000

Beyond Bank

N

BBB

04/10/17

Y

TD

2.65%

2,000,000.00

13/06/17

1,000,000

Auswide Bank Ltd

N

BBB-

13/10/17

Y

TD

2.60%

1,000,000.00

05/07/17

1,000,000

Police Credit Union

N

NR

05/10/17

U

TD

2.60%

1,000,000.00

15/08/17

1,000,000

Bank of Queensland

N

BBB+

12/01/18

Y

TD

2.55%

1,000,000.00

06/09/17

1,000,000

Bananacoast Credit Union

N

NR

07/03/18

Y

TD

2.60%

1,000,000.00

23/08/17

1,000,000

The Capricornian Credit Union

P

NR

23/11/17

Y

TD

2.50%

1,000,000.00

19/07/17

2,000,000

Beyond Bank

N

BBB

30/10/17

Y

TD

2.65%

2,000,000.00

03/04/17

2,000,000

Police Credit Union

N

NR

04/10/17

U

TD

2.80%

2,000,000.00

03/05/17

1,500,000

Auswide Bank Ltd

P

BBB-

08/11/17

Y

TD

2.68%

1,500,000.00

10/05/17

1,000,000

Auswide Bank Ltd

N

BBB-

15/11/17

Y

TD

2.70%

1,000,000.00

02/06/17

1,500,000

ME Bank

N

BBB

04/12/17

Y

TD

2.67%

1,500,000.00

05/06/17

1,000,000

Intech Bank Ltd

P

NR

05/12/17

Y

TD

2.80%

1,000,000.00

08/06/17

2,000,000

ME Bank

N

BBB

08/12/17

Y

TD

2.65%

2,000,000.00

13/06/17

1,000,000

Bananacoast Credit Union

N

NR

13/10/17

Y

TD

2.60%

1,000,000.00

05/07/17

1,500,000

Hunter United Employees Credit Union

P

NR

06/11/17

U

TD

2.85%

1,500,000.00

05/07/17

1,000,000

Police Credit Union

N

NR

17/10/17

U

TD

2.60%

1,000,000.00

10/07/17

1,000,000

Hunter United Employees Credit Union

N

NR

10/10/17

U

TD

2.65%

1,000,000.00

17/07/17

1,000,000

Police Credit Union

N

NR

17/11/17

U

TD

2.65%

1,000,000.00

28/07/17

2,000,000

ME Bank

N

BBB

30/10/17

Y

TD

2.45%

2,000,000.00

03/08/17

1,000,000

Maitland Mutual Building Society

P

NR

03/11/17

Y

TD

2.50%

1,000,000.00

15/08/17

1,000,000

ME Bank

N

BBB

15/11/17

Y

TD

2.45%

1,000,000.00

17/08/17

1,000,000

AMP Bank

N

A

17/11/17

N

TD

2.45%

1,000,000.00

17/08/17

1,000,000

ME Bank

N

BBB

17/11/17

Y

TD

2.45%

1,000,000.00

17/08/17

1,000,000

Bank of Queensland

N

BBB+

19/02/18

Y

TD

2.55%

1,000,000.00

23/08/17

1,000,000

ME Bank

N

BBB

23/11/17

Y

TD

2.45%

1,000,000.00

24/08/17

1,000,000

ME Bank

N

BBB

24/11/17

Y

TD

2.45%

1,000,000.00

30/08/17

1,000,000

ME Bank

N

BBB

28/11/17

Y

TD

2.45%

1,000,000.00

31/08/17

2,000,000

NAB

N

AA-

12/12/17

N

TD

2.50%

2,000,000.00

31/08/17

2,000,000

NAB

N

AA-

18/12/17

N

TD

2.50%

2,000,000.00

01/09/17

1,000,000

NAB

N

AA-

02/01/18

N

TD

2.52%

1,000,000.00

05/09/17

1,000,000

Bananacoast Credit Union

N

NR

06/03/18

Y

TD

2.60%

1,000,000.00

15/09/17

1,000,000

Auswide Bank Ltd

N

BBB-

15/12/17

Y

TD

2.40%

1,000,000.00

15/09/17

1,000,000

Peoples Choice Credit Union

N

NR

15/03/18

Y

TD

2.55%

1,000,000.00

28/09/17

2,000,000

Rural Bank

N

BBB+

29/01/18

Y

TD

2.50%

2,000,000.00

28/09/17

1,000,000

NAB

N

AA-

29/12/17

N

TD

2.51%

1,000,000.00

N/A

2,065,297

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

2,065,296.85

Total

76,215,297

 

 

 

 

 

AVG

2.51%

76,230,039.91

 

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 month of September 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 September 2017

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

71,500,000.00

Term Deposits

71,500,000.00

0.00

1,650,000.00

Floating Rate Note

1,653,642.89

3,642.89

2,065,296.85

Business On-Line Saver (At Call)

2,065,296.85

0.00

1,000,000.00

Bonds

1,011,100.17

11,100.17

76,215,296.85

 

76,230,039.91

14,743.06

 

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 month of September 2017 on a current market value basis. 

 

Movement in Investment Portfolio – 1 to 30 September 2017

 

Item

Current Market  Value (at end of month) $

Opening Balance at 31 August 2017

79,227,666.14

Add: New Investments Purchased

13,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

2,373.77

Less: Investments Matured

16,000,000.00

Less: Call Account Redemption

0.00

Less: Fair Value Movement for period

0.00

 

Closing Balance at 30 September 2017

76,230,039.91

 

Investments Maturities and Returns – 1 to 30 September 2017

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000.00

Bananacoast Credit Union

TD

06/09/17

187

2.75%

14,089.04

1,000,000.00

Bank of Queensland

TD

27/09/17

176

2.60%

12,536.99

2,000,000.00

ME Bank

TD

20/09/17

126

2.55%

17,605.48

1,000,000.00

Bananacoast Credit Union

TD

06/09/17

189

2.75%

14,239.73

2,000,000.00

NAB

TD

08/09/17

91

2.50%

12,465.76

2,000,000.00

AMP Bank

TD

18/09/17

186

2.75%

28,027.40

2,000,000.00

Beyond Bank Australia

TD

13/09/17

126

2.65%

18,295.90

1,000,000.00

Police Credit Union

TD

27/09/17

188

2.80%

14,421.92

1,000,000.00

Beyond Bank Australia

TD

13/09/17

163

2.70%

12,057.53

1,000,000.00

Maitland Mutual Building Society

TD

27/09/17

133

2.60%

9,473.97

2,000,000.00

Community Alliance Credit Union

TD

29/09/17

92

2.65%

13,213.70

16,000,000.00

 

 

 

 

 

166,427.42

         

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 month of September 2017 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 30 September 2017

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

71,500,000.00

71,500,000.00

0.00

Floating Rate Note

1,650,000.00

1,653,642.89

3,642.89

Business On-Line Saver (At Call)

2,065,296.85

2,065,296.85

0.00

Bonds

1,000,000.00

1,011,100.17

11,100.17

Total Investment Portfolio

76,215,296.85

76,230,039.91

14,743.06

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

2,250,076.67

2,250,076.67

          0.00

Total Cash at Bank

2,250,076.67

2,250,076.67

          0.00

 

 

 

 

Total Cash Position

78,465,373.52

78,480,116.58

14,743.06

 

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                                          13.7

 

 

Report No. 13.7           Public Art Panel - minutes of meeting 28 September 2017

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2017/1451

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

A Public Art Panel meeting was held on 28 September 2017. This report provides the minutes of the meeting.

 

The meeting received presentations on key art projects in the Shire and further developed the draft Public Art Strategy.

 

 

  

 

RECOMMENDATION:

1.       That Council note that in principal support is provided to the Brunswick Nature Sculpture Walk event proposed for October long weekend in 2018, and request a formal application from BNSW to developing a partnership.

 

2.       That Council:

 

a)      Note the resignation from Rebecca Townsend and provide a letter of thanks for her participation in the Public Art Panel;

 

b)      Seek a youth representative for the Panel via advertising and social media;

 

c)      Note the change of nominee for the Public Art Panel from the Bundjalung of Byron Bay (Arakwal) Corporation Pty Ltd, being Sharon Sloane, Acting General Manager.

 

Attachments:

 

1        Minutes 28 09 2017 Public Art Panel, E2017/97403

 

 


 

Report

 

A Public Art Panel meeting was held on 28 September 2017. This report provides the minutes of the meeting. The meeting received presentations on key art projects in the Shire and further developed the draft Public Art Strategy.

 

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

 

A copy of the Agenda for the Public Art Panel meeting of 28 September 2017 can be found at the following link:- http://byron.infocouncil.biz/Open/2017/09/PAP_28092017_AGN_645_AT_WEB.htm

 

Financial Implications

 

The Public Art budget year-to-date balance for 2017/18 financial year is approximately $39,700.

 

Statutory and Policy Compliance Implications

 

Public Art Policy

Public Art Guidelines and Criteria


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           2017-2018 Financial Assistance Grant

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/1463

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

The NSW Local Government Grants Commission has advised Council of its 2017-2018 Financial Assistance Grant entitlement via Grants Commission Circular GC146, which has been included at Attachment 1, with the Payments Schedule at Attachment 2. 

 

The Payments Schedule at Attachment 2 not only outlines the Financial Assistance Grant entitlement to Byron Shire Council but also to all other Councils in NSW for the information of Councillors.

 

This report is provided to Council to advise the Financial Assistance Grant entitlement for the 2017-2018 financial year.

 

  

 

RECOMMENDATION:

That the report be received and noted.

 

Attachments:

 

1        Circular from NSW Grants Commission 2017-2018 Financial Assistance Grant Allocations, E2017/94573

2        Schedule of 2017-2018 Financial Assistance Grant Entitlements, E2017/95743

 

 


 

Report

 

The NSW Local Government Grants Commission has advised Council of its 2017-2018 Financial Assistance Grant entitlement via Grants Commission Circular GC146, which has been included at Attachment 1, with the Payments Schedule at Attachment 2.  The Payments Schedule at Attachment 2 not only outlines the Financial Assistance Grant entitlement to Byron Shire Council but also to all other Councils in NSW for the information of Councillors.

 

The monetary value of the Council’s 2017-2018 Financial Assistance Grant is provided in the table below:

 

Grant Component

Value $

General Purpose

1,857,706

Roads Component

1,109,098

Less CPI Adjustment from 2016-2017 General

(3,637)

Add CPI Adjustment from 2016-2017 Roads

381

Total Financial Assistance Grant 2017-2018

2,963,548

 

 

 

The total General Purpose component of the Financial Assistance Grant for 2017-2018 is $1,854,069 and the total Roads component is $1,109,479.

 

The Commonwealth Government as part of the May 2017 Federal Budget determined to pay an instalment of the 2017-2018 Financial Assistance Grant in advance.  In this regard, Council received a total advance payment of $1,478,664 on 8 June 2017.  Grant payments received during the course of the 2017-2018 financial year will be reduced by the amount of the advance payment.

 

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

 

Incorporating the advance payment received at the end of the 2016-2017 financial year, that Council has carried forward to expend in the 2017-2018 financial year, Council’s estimated budget is approximately $24,300 below the proposed 2017-2018 Financial Assistance Grant.  This will represent an additional $24,300 in revenue that will be included in the 30 September 2017 Budget Review to be presented to Council for consideration at the November 2017 Ordinary Meeting.

 

The NSW Local Government Grants Commission usually provides details of how the Financial Assistance Grant has been calculated for Council in October each year.  At the time of preparing this report, this information is yet to be received.

 

Financial Implications

 

There are no financial implications associated with this report as it is informing Council of its Financial Assistance Grant entitlement for 2017-2018.

 

Statutory and Policy Compliance Implications

 

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

 

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


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Draft 2016/2017 Financial Statements

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/1464

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

The Draft 2016/2017 Financial Statements have been prepared and been subjected to external audit.  This report recommends to Council the adoption of the Draft 2016/2017 Financial Statements and the completion of the statutory steps outlined in Section 418 to 420 of the Local Government Act 1993.

 

The Draft 2016/2017 Financial Statements have also been submitted to the Audit, Risk and Improvement Committee and considered at an Extraordinary Meeting of the Committee held on 12 October 2017.

 

The External Auditor, being the NSW Auditor General (represented by a Director of Financial Audit from the NSW Audit Office) and their representative firm Thomas Noble and Russell have been invited to this Ordinary Council Meeting, to present on the Draft 2016/2017 Financial Statements, and answer any questions from Councillors on the Financial Statements.

 

  

 

RECOMMENDATION:

1.       That Council suspend standing orders to allow for a presentation from Council’s External Auditor.

 

2.       That Council adopt the Draft 2016/2017 Financial Statements incorporating the General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules.

 

3.       That Council approve the signing of the “Statement by Councillors and Management” in accordance with Section 413(2)(c) of the Local Government Act 1993 and Clause 215 of the Local Government (General) Regulation 2005 in relation to the 2016/2017 Draft Financial Statements.

 

4.       That Council exhibit the Financial Statements and Auditor’s Report and call for public submissions on those documents with submissions closing on 30 November 2017 in accordance with Section 420 of the Local Government Act 1993.

 

5.       That the Audited Financial Statements and Auditors Report be presented to the public at the Ordinary Meeting of Council scheduled for 23 November 2017 in accordance with Section 418(1) of the Local Government Act 1993.

 

Attachments:

 

1        Draft 2016/2017 General Purpose Financial Statements, E2017/96022

2        Draft 2016/2017 Special Purpose Financial Reports, E2017/96025

3        Draft 2016/2017 Special Schedules, E2017/96026

4        Draft Conduct of the Audit Report recieved from NSW Audit Office, E2017/96021

 

 


 

Report

 

The purpose of this report is to recommend the adoption and exhibition of the Financial Statements for the year ended 30 June 2017. The Financial Statements presented to Council for the financial year ended 30 June 2017 (refer to Attachments 1 to 4) are the final audited results and includes the Auditors Report.  Council has received an unmodified audit opinion for the 2016/2017 financial year.

 

The Draft 2016/2017 Financial Statements were also considered by the Audit, Risk and Improvement Committee at an Extraordinary Meeting held on 12 October 2017. This report was been completed prior to that meeting being held and Council will be advised by way of Memo of the Audit, Risk and Improvement Committee recommendations concerning the Draft 2016/2017 Financial Statements prior to this Ordinary Meeting.

 

The External Auditor, being the NSW Auditor General (represented by a Director of Financial Audit from the NSW Audit Office) and their representative firm Thomas Noble and Russell have been invited to this Ordinary Council Meeting, to present on the Draft 2016/2017 Financial Statements, and answer any questions from Councillors on the Financial Statements.

 

The Financial Statements and Auditor’s Reports are a statutory requirement and provide information on the financial performance of Council over the previous twelve-month period.

 

Council  should place emphasis on the Auditors Report contained at Attachment 4 relating to the attached Draft 2016/2017 Financial Statements, as this Report provides some analysis of Council’s financial operations overall, and highlight the trends of major items within the Financial Statements.

 

The Draft 2016/2017 Financial Statements provided in the attachments are broken down into three sections being;

 

-    General Purpose Financial Statements – Attachment 1

-    Special Purpose Financial Statements – Attachment 2

-    Special Schedules – Attachment 3

 

Brief explanations for each of these items are as follows.

 

General Purpose Financial Statements

These Statements provide an overview of the operating result, financial position, changes in equity and cash flow movement of Council as at 30 June 2017 on a consolidated basis with internal transactions between Council’s General, Water and Sewerage Funds eliminated. The notes included within these reports provide details of major items of income and expenditure with comparisons to the previous financial year. The notes also highlight the cash position of Council and indicate which funds are externally restricted (i.e. may be used for a specific purpose only), and those that may be used at Council’s discretion.

 

Special Purpose Financial Statements

These Statements are a result of the implementation of the National Competition Policy and relate to those aspects of Council’s operations that are business orientated and compete with other businesses with similar operations outside the Council. Mandatory disclosures in the Special Purpose Financial Reports are Water and Sewerage.  Additional disclosure relates to Council business units that Council deems ‘commercial’.  In this regard Council has traditionally reported its Caravan Park Operations being Suffolk Beachfront Holiday Park and First Sun Holiday Park on a combined basis.  These financial reports must also classify business units in the following categories:

 

·   Category 1 – operating turnover is greater than $2million

·   Category 2 – operating turnover is less than $2million

 

All of Council’s business units are classed as Category 1 with all having operating turnover greater than $2million.

 

Another feature of the Special Purpose Financial Reports is to build in taxes and charges where not physically incurred into the financial results to measure the results in the sense of a level playing field with other organisations operating similar businesses, who are required to pay these additional taxes and charges.  These taxes and charges include:

 

·   Land tax – Council is normally exempt from this tax so notional land tax is applied.

·   Income tax – Council is exempt from income tax and in regard to these reports, company tax.  Any surplus generated has a notional company tax applied to it.

·   Debt guarantee fees – Generally due to the low credit risk associated with Councils, Councils can often borrow loan funds at lower interest rates then the private sector.  A debt guarantee fee inflates the borrowing costs by incorporating a notional cost between interest payable on loans at the interest rate borrowed by Council and one that would apply commercially.

 

In regard to the Special Purpose Financial Reports, these are prepared on a non consolidated basis or in other words grossed up to include any internal transactions with the General Fund.

 

Special Schedules

These schedules are prepared essentially for use by the Australian Bureau of Statistics, the NSW Grants Commission, the Office of Local Government, and are primarily used to gather information for comparative purposes. Special Schedules 3 to 6 are also used by the Department of Primary Industries (NSW Office of Water) in analysing the performance of the Water and Sewer Funds and are also non consolidated and grossed up including internal transactions. Special Schedule 7 provides an approximate value of what funds are needed for the maintenance and renewal of Council assets in comparison to what is currently allocated in the budget. Special Schedule 8 is also included, which is a disclosure regarding Council’s compliance with General Rate revenue raising and rate pegging.  Special Schedule 8 is also subject to separate external audit aside from the financial statements.

 

Auditors Report on the Financial Statements

Council’s auditors, The Auditor General of NSW (NSW Audit Office) and their representative firm Thomas Noble and Russell, have completed their audit of the Draft 2016/2017 Financial Statements. All matters identified during the audit have been adjusted and included in the Draft 2016/2017 Financial Statements (if required) included at Attachments 1, 2 and 3. The Auditors Report contained at Attachment 4 is to report on the following:

 

·    A report on the conduct of the audit. This report states the financial statements have been audited with an opinion. For the year ended 30 June 2017 the opinion is unmodified.  In addition, this report outlines significant audit issues and observations, and a analysis of the major aspects of the financial statements.

 

Specific Items relating to 2016/2017 Draft Financial Statements

 

The Draft 2016/2017 Financial Statement results have been impacted by the following items that require explanation to Council:

 

·     Operating Result from Continuing Operations

 

The 2016/2017 financial year has seen a further significant improvement in the operating financial results of Council.  Overall Council recorded a $21.174million surplus compared to a $15.974million surplus in 2015/2016.  This represents a positive change of $5.200million between financial years.  This result incorporates the recognition of capital revenues such as capital grants and contributions for specific purposes and asset dedications including part of the Old Pacific Highway that amounted to $18.767million in 2016/2017 compared to $12.707million in 2015/2016.

 

A more important indicator is the operating result before capital grants and contributions.  This result for Council was a surplus of $2.407million in 2016/2017 compared to a surplus of $3.267million in 2015/2016 representing a decrease of $0.860million between financial years.  Whilst this was a decline, it is still a surplus.

 

If reference is made to the Income Statement to the General Purpose Financial Reports included at Attachment 1, the following table indicates the major changes between 2016/2017 and 2015/2016 by line item:

 

Item

Change between 2016/2017 and 2015/2016 $’000

Change

 Outcome

Comment

Income

 

 

 

Rates & Annual Charges

+$1,280

Increase

Reflects imposition of rate peg increase for 2016/2017 of 1.80% and changes in annual charges from Council’s adopted 2016/2017 Revenue Policy

User Charges and Fees

+$3,553

Increase

Major changes include additional $371k revenue for holiday parks, $356k for planning and development fees, $1,484k increase in parking fees (first full year of expanded pay parking), 1,236k increase in water and sewerage user charges. Further information is available in Note 3(b) in Attachment 1.

Interest and Investment Revenue

-$88

Decrease

Decrease in revenues due to further decline in interest rates reflective of economic conditions.  Council’s cash position though did not decrease as expected which enabled more funds to be invested which minimised the extent of the decline.

Other Revenues

-$58

Decrease

Decline mainly due to less fine revenue.

Grants & Contributions – Operating

-$939

Decrease

Increase in financial assistance grant $1,573 including 50% advance payment of 2017/2018 grant and additional $940k recognition of Roads to Recovery grant.  There was a decline of $3.643million in funding for natural disaster restoration works.

Grants & Contributions – Capital

+$6,060

Increase

Increased transport grants $2,071k, decrease in developer contributions $2,460k, additional $6,399k in contributed or dedicated assets including approx. $4,000k for the former Pacific Highway gazetted to Council.

Net gain from disposal of assets

-$1,270

Decrease

Specific details are contained in Note 5 to Attachment 1 but in 2016/2017 there was no profit on disposal of assets.

Total Income Change

+$8,538

Increase

 

 

 

 

 

Expenditure

 

 

 

Employee Benefits and Oncosts

+$698

Increase

Increased salary and wages $914k including Award increase of 2.8% and additional staffing. Increased superannuation of $261k. There was a further $440k of employee costs capitalised given increased emphasis on capital works in 2016/2017 that reduced overall gross amount of employee costs charged as an operating expense.

Borrowing Costs

-$311

Decrease

Results from Council gradually repaying loans and not borrowing new loans, however that may change in 2017/2018.

Materials & Contracts

-$867

Decrease

Shifting emphasis onto capital works has contributed in part to the reduction in raw materials and contracts of $1,015k. There were decrease in agency temporary staff of 165$k, decreases in legal expenses $192k, operating lease expenses increased $293k relating to parking meters, and waste contract $67k

Depreciation

+802

Increase

Major change is due to roads 96k increase, buildings $101k increase and provision for quarry/tip asset reinstatement $536k increase due to reassessment of costs and remaining useful life in 2015/2016.

Other Expenses

+599

Increase

Overall increase but there were variations in line items as disclosed at Note 4(e) in Attachment 1. Most significant item was cost of Council election $187k.

Net Losses from Disposal of Assets

+2,417

Increase

Reflection of the written down value of assets disposed at the end of financial year and is contingent upon the extent of assets disposed and their written down value at the time of disposal which can vary. For 2016/2017, Council has more disposals than gains including the disposal of Periwinkle Pre-School $580k and Infrastructure $1,743k

Total Expenditure Change

+$3,338

Increase

 

 

 

 

 

Change in Result

+5,200

Increase

 

 

Following on from the operating results, there are performance ratios disclosed at note 13 to the General Purpose Financial Statements and in Special Schedule 7.  These ratios have been derived following the financial assessments undertaken by NSW Treasury Corporation on all NSW Councils in 2012, and are now continued to be incorporated into the latest update to the Code of Accounting Practice and Financial Reporting that determines the content of Council’s Financial Statements.  These ratios also have trend graphs and all look to be presenting either a stable or improving result for Council in Note 13.  Council though in relation to the ratios for Special Schedule 7 in terms of Asset Management, whilst showing some improvement generally, still has a ways to go to meet the required benchmarks.

 

It is also important to note that the ratios and benchmarks outlined in Note 13 to the General Purpose Financial Statements and Special Schedule 7 are on an annual basis.  Whilst some of these ratios were also benchmarks in Council’s ‘Fit for the Future’ response, these were reported as a three year average as required.  Therefore direct comparison cannot be made based on these reported benchmarks.

 

·    Asset Revaluations

 

During 2016/2017, there was a revaluation conducted for the following asset categorie(s):

 

·     Water and Sewerage – revaluation done by an external valuer.

·     Community Land – revaluation done by the Valuer General.

 

The impact of the revaluation process realised an overall decrease in asset values of $4.162million. Increases in asset revaluations related to Community Land increasing $6.081million and Water Infrastructure $8.456million. The revaluation of Sewerage assets has indicated a decrease in Sewerage Infrastructure valuations of $18.699million.

 

In respect of Community Land, Council has undertaken a comprehensive review.  The revaluation process identified 60 parcels of land controlled by Council not previously included in Council’s financial Statements in previous years.  The majority of these assets relate to Crown Reserves where Council is appointed as the Reserve Trust Manager.  The work conducted included a reconciliation of information from the Department of Primary Industries – Crown Lands and Council’s records.  This has resulted in the recognition at Note 20 to the Financial Statements of a Prior Period Error of $27.593million to increase the Equity of Council in respect of recognising these assets.  The residual revaluation amount of $6.081million relates to other Community Land assets not previously recognised (ie land dedicated to Council from Developers).

 

·    Cash and Investments

 

As at 30 June 2017, Council has maintained $1.145million in unrestricted cash and investments being the same level as 2016.  This is an ongoing pleasing result and Council has been able to maintain another one of its short term financial goals of reaching unrestricted cash balance of $1million.  All other cash and investments totalling $77.694million are restricted for specific purposes.  Overall the cash and investment position of Council decreased by $0.650million during the year.

 

·    Receivables

 

As at 30 June 2017, Council was due $10.363million in receivables. Of this amount $2.120million was due from Roads and Maritime Services for expenditure claims and $1.051million from the Commonwealth Government for Goods and Services Tax and $0.611million in Government grants and subsidies. Overall receivables increased by $1.109million compared to the 2015/2016 financial year.

 

·    Payables and Provisions

 

At 30 June 2017, total payables by Council were $11.403million including $4.270million held in security bonds, deposits, retentions, payments received in advance, $0.773million in accrued expenses and $6.413million payable to suppliers.  In addition at 30 June 2017, Council has accrued employee leave entitlements valued at $5.567million.  Specific employee leave entitlements include $1.888million for annual leave, $3.527million for long service leave and $0.152million for gratuities.  In comparison to 2015/2016, total payables increased $0.699million whereas total provisions for employee leave entitlements increased $0.285million.

 

·    Loan Borrowings

 

During 2016/2017 Council did not borrow any new loans but continued to make normal loan repayments.  This has been the fifth year that Council has not borrowed any new loans and as a consequence has continued to reduce its level of debt.  Council though for 2017/2018 financial year is currently proposing to borrow up to $6million for bridge replacement program.

 

Council’s outstanding loans as at 30 June 2017 are $62.720million.  Total loan expenditure for 2016/2017 included interest of $4.493million and principal payments of $2.592million.  Total expenditure of Council in 2016/2017 related to loan repayments was $7.085million or 10.25% of Councils revenue excluding all grants and contributions.

 

Outstanding loans by Fund totalling $60.128million are as follows:

 

·   General Fund $13.957million

·   Water Fund $0 – Water Fund is debt free

·   Sewerage Fund $46.171million

 

Liquidity

 

Council’s balance sheet indicates net current assets of $69.640million.  It is on this basis in the opinion of the Responsible Accounting Officer that the short term financial position of Council remains in a satisfactory position and that Council can be confident it can meet its payment obligations as and when they fall due. That is, there is no uncertainty as to Council being considered as a ‘going concern’.  In addition, Council’s cash expense cover ratio is out to 14.32 months whereas the minimum benchmark is 3 months.  Council exceeds this benchmark by nearly four times.

 

Council’s Unrestricted Current Ratio has improved to 3.20 demonstrating Council has $3.20 in unrestricted current assets compared to every $1.00 of unrestricted current liabilities.

 

However, on a longer term basis Council will need to consider its financial position carefully but in isolation the financial results for 2016/2017 continue to be an ongoing improvement for Council and demonstrate the ongoing gains through the implementation of the Financial Sustainability Plan (FSP), the Council Improvement Plan (CIP) and the efforts of Council.

 

Financial Implications

 

There are no direct financial implications associated with this report as the report does not involve any future expenditure of Council funds but it is a report advising the financial outcomes of Council during the 2016/2017 financial year which are identified in this report, Attachments 1 to 3 and the Auditors report in Attachments 4.

Statutory and Policy Compliance Implications

 

Section 413(2)(c) of the Local Government Act 1993 and Regulation 215 of the Local Government (General) Regulation 2005 requires Council to specifically form an opinion on the financial statements.  Specifically Council needs to sign off an opinion on the Financial Statements regarding their preparation and content as follows:

 

In this regard the Financial Statements have been prepared in accordance with:

 

·   The Local Government Act 1993 (as amended) and the Regulations made thereunder.

·   The Australian Accounting Standards and professional pronouncements.

·   The Local Government Code of Accounting Practice and Financial Reporting.

 

And the content to the best of knowledge and belief:

 

·   Present fairly the Council’s operating result and financial position for the year.

·   Accord with Council’s accounting and other records.

·   Management is not aware of any matter that would render the Financial Statements false or misleading in any way.

 

Section 416(1) of the Local Government Act 1993, requires a Council’s annual Financial Statements to be prepared and audited within four (4) months of the end of that financial year ie on or before 31 October 2017.

 

Section 417(4) of the Local Government Act 1993 requires, as soon as practicable after completing the audit, the Auditor must send a copy of the Auditor’s Reports to the Departmental Chief Executive and to the Council.

Section 417(5) of the Local Government Act 1993 requires Council, as soon as practicable after receiving the Auditor’s Reports, to send a copy of the Auditor’s Reports on the Council’s Financial Statements, together with a copy of the Council’s audited Financial Statements, to the Departmental Chief Executive before 7 November 2017.

Section 418(1) of the Local Government Act 1993 requires Council to fix a date for the Meeting at which it proposes to present its audited Financial Statements, together with the Auditor’s Reports, to the public, and must give public notice of the date so fixed.  This requirement must be completed within five weeks after Council has received the Auditors Reports ie prior to 5 December 2017.

 

Section 420 of the Local Government Act 1993 requires Council to provide the opportunity for the public to submit submissions on the Financial Statements.  Submissions are to be submitted within seven days of the Financial Statements being presented to the public.  In the case of the 2016/2017 Financial Statements, closing date for submissions will be 30 November 2017.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Draft 2016-2017 Annual Report

Directorate:                 Corporate and Community Services

Report Author:           Anna Vinfield, Manager Governance Services

File No:                        I2017/1472

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Each NSW Local Government Authority is required under S428 of the Local Government Act 1993 to prepare and submit to the Minister of Local Government an Annual Report. The preparation of an Annual Report is an opportunity for Council to celebrate its achievements and to provide feedback back to the community on how the Council has implemented its operational plan and delivered outcomes for the community.

 

This report seeks for Council to note the draft 2016/17 Annual Report and the submission of the Annual Report to the Minister for Local Government.

 

A separate Report on the Draft 2016/17 Financial Statements has been prepared for and will be considered at this meeting of Council.

 

  

 

RECOMMENDATION:

That Council note the draft 2016/2017 Annual Report (#E2017/97181), included as Attachment 1 to this report, and its submission to the Minister for Local Government.

 

 

 

Attachments:

 

1        Draft Annual Report 2016-17, E2017/97181

 

 


 

Report

 

Each Council in NSW has an obligation to prepare and submit an Annual Report. It is an opportunity to celebrate Council’s achievements and report back to the community on these.

 

It is one of the key points of accountability between a Council and its community, acting as a report card against Council’s operational plan and financials.

 

The report has been designed in an effort to improve its readability, celebrate Council’s achievements, and includes the following:

·   Message from Mayor and General Manager

·   Profile of our community

·   Snapshot (infographics) of statistics

·   Profile of management team and organisational structure

·   Summary of achievements

·   Progress against operational plan

·   Statutory information – human resources, freedom of information, compliance, business activities, legal services, financial management

·   Appendices – linkages to community strategic plan, GIPA report, mayor and councillors entitlements policy, financial statements

 

Achievements

 

Notable achievements (grouped by Community Strategic Plan theme) for the financial year include:

·    Corporate management – customer service focus, procurement roadmap, commercial activities, Mullumbimby Hospital site acquisition, records management, Special Rate Variation for infrastructure investment

·    Economy – affordable housing summit, social enterprise, Byron young innovators

·    Society and Culture – Arawkal Memorandum of Understanding, Children’s services sector analysis, Ex-Tropical Cyclone Debbie flood recovery, Disability Access and Inclusion Plan, Development Assessment assistance, Love Byron Halls project, village and town masterplans, lifeguard services

·    Environment – Rural land use strategy, electric vehicle charge station, illegal dumping study, organics diversion, Community Recycling Centre, increased public place recycling, recycling campaign, waste-wise schools program, land for wildlife, vegetation mapping, Byron Bay Graminoid Clay Heath restoration, commitment to 100% zero emissions by 2025, low carbon strategy

·    Community infrastructure – New North Ocean Shores sportsfield, Byron Bay Town Centre Bypass, new reservoirs at Banaglow and Coopers Shoot, ten major infrastructure works, Waterlily Park Ocean Shores, Bangalow Weir, Cavanbah Centre, South Golden Beach Community Hall, timber bridge replacement program, South Byron sewerage treatment plant site, partnership for affordable housing, transport infrastructure investment proposal, land acquisition in Suffolk Park, Tom Kendall change facility, Better Byron Crew, 25 major water and sewer upgrades

 

Regarding the operational plan, 53% activities were completed, 44% substantially completed, 3% not achieved.  

 

Key statistics for the financial year include:

·    $24.9M capital expenditure on new assets

·    $12.71M capital expenditure on asset renewal

·    10 major road reconstruction projects delivered

·    13.49km of roads resealed

·    3.94km of roads reconstructed

·    599 food inspections completed

·    $587,746 of section 356 donation or contributions to community groups

·    $185M of approved developments

·    607 certificates for building construction, occupation and subdivision approved

·    10 strategic partnerships entered into

·    200kg of phones, batteries and lightbulbs collected in speciality recycling stations

·    14 Council meetings held

·    18 major contracts (greater than $150,000) entered into

·    162 citizenships granted 

 

Financial Implications

 

The preparation of the document was funded within existing budget allocations

 

Statutory and Policy Compliance Implications

 

Section 428 requires Council to prepare an annual report within 5 months after the end of each year and detail its achievements in implementing its delivery program and the effectiveness of the principal activities undertaken in achieving the objectives at which those principal activities are directed.

 

The report much include a copy of the council's audited financial reports prepared in accordance with the Local Government Code of Accounting Practice and Financial Reporting published by the Department, as in force from time to time, and such other information or material as the regulations or the guidelines under section 406 may require. A copy of the council's annual report must be posted on the council's website and provided to the Minister.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.11

 

 

Report No. 13.11         Selection of Councillors for Mullumbimby Hospital Site Project Reference Group

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2017/1484

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

Council resolved the membership of the newly established Mullumbimby Hospital Site Project Reference Group at its meeting held on 21 September 2017. However, Council have not yet selected which three Councillors will make up the final members of this PRG.

 

  

 

RECOMMENDATION:

That Council select three Councillors to make up the members for the Mullumbimby Hospital Project Reference Group, being:

 

1.       ________________

 

2.       ________________

 

3.       ________________

 

 

 

 

 


 

Report

 

Council resolved (17-432) at the 21 September 2017 ordinary meeting:

 

1.    That Council increase the number of representatives the Mullumbimby Hospital Site Project reference Group from 15 to 16 as a result of strong applications and interest in the Project Reference Group as outlined below

a)      That Council select 12 representatives for appointment to the Mullumbimby Hospital Site Project Reference Group from the Community Organisation nominees, noting the Project Guidance Group have recommended the appointment of representatives of the following groups:

·     Mullumbimby Hospital Action Group

·     North Coast Community Housing

·     Third Sector Australia (formerly On Track Community Programs)

·     Mullumbimby & District Neighbourhood Centre

·     Mullumbimby Chamber of Commerce

·     Byron Youth Service

·     Mullumbimby Residents Association

·     Brunswick Heads Progress Association

·     Ocean Shores Community Association

·     Arts Northern Rivers

·     Creative Mullumbimby

·     Aboriginal Services Coalition

 

b)      That Council appoint the following 5 individual community representatives to the Mullumbimby Hospital Site Project Reference Group from the individual community nominees:

 

- Mandy Hallinan

- Jeremiah O’Toole

- Simone O’Brien

- Gill Lomath

- Louise Earnshaw

 

3.       That Council thank all other nominees for their interest and time in submitting an Expression of Interest and invite them to participate in future broader consultation activities;

 

4.       That Council adopt the Draft Constitution for the Mullumbimby Hospital Site Project Reference Group including the purpose, objectives, membership and timeframe for the group to operate, and amend the number of community representatives from 4 to 5.

 

However, Council have not yet selected which three Councillors will make up the final members of the Project Reference Group.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Guide to Operations – Advisory Committees and Panels

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.12         PLANNING - S96 10.2009.314.11 Tallowwood

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2017/971

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Section 96 Application No:

10.2009.314.11

Proposed modification:

S96 to amend approved Land Use Plan to increase areas designated for Conservation and clarify areas for Managed Conservation

Original Development:

Staged Subdivision development with first stage to create 29 residential lots, public roads and open space

Type of s96 sought:

 

 

 

 

Property description:

LOT: 105 DP: 1232439

Tuckeroo Avenue MULLUMBIMBY, Coral Avenue MULLUMBIMBY

Parcel No/s:

268751

Applicant:

Bayview Land Development Pty Ltd

Owner:

Gainsplay Pty Ltd

Zoning:

R2 Low Density Residential / PART RU1 Primary Production / PART DM Deferred Matter / PART RU2 Rural Landscape

S96 Date received:

9 February 2017

Original DA determination date:

14/09/2010

Integrated Development:

Yes

Public notification or exhibition:

Level 0 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

Issues:

·    Conservation of forest remnants

 

Summary:

 

The application proposes minor adjustments to approved Plan 2.1, being the Land Use plan approved in September 2010 as part of the original Court-approved Concept Plan.  The Plan outlines proposed land use categories across the Tallowood development site.  

 

Since approval of the Concept Plan, five stages of subdivision have been approved.  Four stages have been completed and construction of Stage 5 is nearing completion.

 

The proposed modification relates to existing vegetated areas in the south of the site, on the ridge adjacent to approved Stage 5 and proposed Stage 6, and in the south-west of the land within the residual land, which was subject to a recent rezoning proposal.  As originally approved, the forested area behind Stages 5 & 6 was designated “Low Density/ Conservation”, which provided the potential for future development.  The forested areas in the site residue were designated “Managed Conservation”, which provided for thinning of the vegetation.  A single large paddock tree was identified as “Low Density/ Conservation” and was proposed to be incorporated into a future public park.

 

The most recent modification to the approval altered the designation of the southern forested area and the single paddock tree from “Low Density/ Conservation” to “Conservation”.  The “Managed Conservation” land in the site residue to the west remained unchanged.

 

The land use designations form part of the approved Concept Plan.  Protection of the vegetated areas is not, however, included in the LEP, with the land zoned R2 Low Density Residential and RU2 Rural Landscape.

 

The current application proposes to:

·    Retain the “Conservation” designation for the forest area behind Stages 5 & 6, with “Managed Conservation” (MC) designation applied to the outer 10m edge of this vegetation, to provide for some flexibility in the management of bush fire risk;

·    Modify the “Conservation” designation on the existing single paddock tree to “Managed Conservation” (MC), as this is proposed (in Stage 6) to be included with a larger residential lot; and

·    Modify the “Managed Conservation” designation for two larger forested areas in the south-west of the site to “Conservation”, retaining the “Managed Conservation” for the 10m outer edge of these stands.

 

Overall, the increased protection for the two forest remnants in the south-west corner will provide an improved biodiversity outcome, whilst the small amendments to Managed Conservation designation around the edges of the Conservation Designation to Stages 5 and 6 are supported in terms of managing bushfire whilst also enabling trees of significance in this area to be suitable identified and retained. The Section 96 Application is recommended for approval.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

That, pursuant to Section 96 of the Environmental Planning & Assessment Act 1979, Application No. 10.2009.314.11, to amend approved Land Use Plan 2.1B to increase areas designated for Conservation and clarify areas for Managed Conservation, be approved by modifying Development Consent number 10.2009.314.1 as indicated in Attachment 1.

 

 

Attachments:

 

1        Attachment 1 Modification of Conditions, E2017/84647

 

 


 

 

 

Report

 

1.   INTRODUCTION

 

1.1.       History/Background

 

10.2009.314.1

DA was refused by Council on 12 November 2009.  Prior to the determination of the Development Application, an appeal was lodged with the NSW Land & Environment Court against the deemed refusal of the proposal.  Consent orders were made granting Staged Development Consent for the subdivision of the site, with development consent for the first stage, comprising 29 residential allotments.

Court approval 23.12.2010

10.2009.314.2

Delete the sewer levies that were inadvertently issued in the court consent, and to reword Condition No. 51 with respect to Developer Contributions.

Approved 30.03.2011

10.2009.314.3

Incorporate a bikeway/access path within the public road reserve adjacent to the southern boundary of the site and within Lot 2

Withdrawn 04.05.2011

10.2009.314.4

Make further amendments to the development consent.  Only an amendment with respect to Condition No. 51 (Developer Contributions) was endorsed.

Approved 02.06.2011

10.2009.314.5

Enable the approved subdivision to connect to the Council sewerage system as part of Stage 1 of the proposal, rather than wait until the completion of Stage 2.

Approved 12.08.2011

10.2009.314.6

Alter a condition regarding the Biodiversity Conservation Management Plan.

Withdrawn 15.12.2011

10.2009.314.7

Adjust the staging of the subdivision development by swapping the residential lots from Stage 3 with the residential lots from Stage 4.  In addition, it proposed to slightly enlarge Stage 1 so that it aligns with the boundary adjustment proposed within Development Application No. 10.2012.197.1.

Approved 08.08.2012

10.2009.314.8

Modify the existing development consent (concept plan) to revert the numerical order of the development stages back to the order within the original court approved Stages Plan.  In effect, the proposed modification sought to reverse the order between existing Stages 3 and 4 as approved by Section 96 approval reference 10.2009.314.7.

Approved 17.10.2013

10.2009.314.9

Modifications to sports and recreation fields/facilities and phasing of development.

Approved 09.06.2015

10.2009.314.10

Modifications to open space, staging, roads, bikeways, rehabilitation areas, residential density and relocation of a potential commercial site.

Approved 13.04.2016

10.2015.686.1

Subdivision to create twenty-four (24) residential allotments, a public reserve, a residual allotment, associated roads and infrastructure (Stage 5).

Approved 25.08.2016

 


 

 

1.2.       Description of the proposed development

 

The application proposes minor adjustments to approved Plan 2.1, being the Land Use designation plan.  This Land Use Plan was approved as part of the Concept Approval for the development, requiring applications for all stages after Stage 1 to be consistent with the designations shown on the plan.

 

The proposed modification relates to existing vegetated areas in the south of the site, adjacent to approved Stage 5 and proposed Stage 6, and in the south-west of the land within the residual land, which was subject to a recent rezoning proposal. 

 

As originally approved, the forested area south of Stages 5 & 6 was designated “LD/C” being “Low Density/ Conservation”, with larger forested areas in the site residue designated “MC”, being “Managed Conservation”.  A single large Tallowood tree was identified as “LD/C” and was proposed to be incorporated into a future public park.

 

Figure 1: Extract from Plan 2.1 as originally approved

 

The most recent modification to the approval altered the designation of the southern forested area and the single Tallowood Tree from “LD/C” to “C”, being “Conservation” (see Figure 2).


 

 

Figure 2: Most recent amendment to Plan 2.1

 

The land use definitions approved in association with the concept plan are:

 

LD/C – Low Density/ Conservation

Within this precinct dwelling houses are intended to be sited in a manner which provides an appropriate dwelling house envelope but also provides for the preservation of trees within private residential lots.

 

MC – Managed Conservation

The managed conservation precincts are locations where larger tracts of trees are intended to be retained but the ground fuels are to be kept at a level appropriate for bush fire mitigation purposes.

 

C – Conservation

The “C” conservation land use applies to pockets of existing vegetation which are intended to be retained in so far as is reasonably practicable.

 

While forming part of the ‘Concept Approval’, these land use designations are not reflected in the zoning of the land under the LEP.  The vegetated land within the Stage 5 & 6 areas in zoned R2 Low Density Residential, with the areas in the south-west of the land are zoned RU2 Rural Landscape and DM (Deferred Matter – 1(a) under BLEP 1988).

 

The current application proposes to:

·    Retain the “Conservation” designation for the forest area behind Stages 5 & 6, but apply the “Managed Conservation” (MC) designation to the outer 10m edge of this vegetation, to provide for some flexibility in the management of bush fire risk;

·    Modify the “Conservation” designation on the existing Tallowood tree to “Managed Conservation” (MC), as this is proposed (in Stage 6) to be included with a larger residential lot; and

·    Modify the “Managed Conservation” designation for two larger forested areas in the south-west of the site to “Conservation”, retaining the “Managed Conservation” for the 10m outer edge of these stands.


 

Figure 3: Current proposed amendment to Plan 2.1

 

The tallowood tree is located within the part of the site that is subject to the current stage 6 development application (DA 10.2017.402.1).  That application proposes that the tree be incorporated into a large urban lot.  Assessment of that application is underway with the long term preservation of the tree being an issue of importance. The remaining vegetation is within the residue land, which will be subject to future applications.

 

Figure 4: Plan 2.1 in relation to current Stage 6 subdivision plan (blue line denotes proposed  APZ)

 

Approval for Stage 5 (DA 10.2015.686.1) includes a requirement for a 21m wide Asset Protection Zone (APZ) in the south-west corner of that Stage.  The majority of that APZ will be provided in the constructed road reserve, but there will be requirement to reduce ground fuels and tree canopy density within a minor (3-5m wide) section of vegetation.  Pursuant to the currently approved Plan 2.1, that vegetation area is designated C – Conservation.  The current application proposes that it would be modified to MC – Managed Conservation.

 

Figure 5: Extract from approved Stage 5 subdivision plan

 

Figure 6:  Recommended amendment to MC area

 

Bush fire hazard reduction, consistent with the requirements for an ‘inner protect area’ APZ, is incompatible with both C and MC designations.  It is recommended, therefore, that Plan 2.1 be amended in this small area, immediately south of the approved Stage 5 to reduce the width of the MC area, and therefore provide for the approved APZ to be within a LD area.  The change will only impact on a very small portion of the site, as shown in Figure 6 in relation to one tree. .

 

1.3.       Description of the site

 

Land is legally described as:

LOT: 105 DP: 1232439

Property address is:

77 Tuckeroo Ave MULLUMBIMBY

Land is zoned:

R2 Low Density Residential / PART RU1 Primary Production / PART DM Deferred Matter / PART RU2 Rural Landscape

Land area is:

44.9ha

Property is constrained by:

Bush Fire Prone Land

 

Flood Prone Land

 

High Environmental Value Vegetation (including areas subject to proposed modification)

 

Koala habitat

 

The vegetated areas subject to the proposed designation of “C” and “MC” are located on land zoned RU2 Rural Landscape.  The stand-alone Tallowood tree, proposed to be designated “MC” is on land zoned R2 Low Density Residential. The site is the residual allotment created following the completion and registration of existing residential subdivisions of the Tallowwood Ridge Estate.

 

The approved residential subdivision is south of Tuckeroo Avenue, adjoining Cockatoo Crescent, Lorikeet Lane and Quail Way.  The approved development area of Stage 5 comprises generally cleared land with sloping topography, the site level falling towards the north and Tallowwood Creek.

Staging Plan

 

 

Zoning Plan

 

 

2.   SECTION 96(1A) ASSESSMENT

 

Section 96(1A)

Comment:  The proposed modification is of minimal environmental impact.  The development as modified is substantially the same as that originally approved.  The application is not required to be notified.

 

Section 96(3)

Comment: Section 79C(1) matters are considered below.

 

3.   ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000

 

Clause 115(1)

Comment:  The appropriate information has been provided.

 

Clause 117(2)

Comment:  Adjoining owner or public notification of this application is not required.

 

Clause 120(1)

Comment:  The application was referred to NSW Rural Fire Service.  See comments below.

 

4.   REFERRAL TO NSW RURAL FIRE SERVICE

 

The site is bush fire prone land and the NSW Rural Fire Service (RFS) has previously issued a Bush Fire Safety Authority relating to the approved subdivision. In relation to the current modification application, the RFS have provided further advice, given that the modification relates to an overarching Concept Plan rather than a specific DA for subdivision approval.

 

That advice highlighted the potential discrepancy between the inner protection area APZ approved as part of Stage 5 and the MC designation in the small area affected by that APZ. As discussed above, a very minor adjustment in the MC ‘edge’ as required by the RFS will adequately address any potential for inconsistency.

 

5.   SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

5.1.       State Environmental Planning Instruments

 

SEPP 44 Koala Habitat Protection

Previous site assessments have indicated that potential koala habitat exists on the site. However the site is not considered as Core Koala Habitat in terms of SEPP 44 and a specific Koala Plan of Management is not required. The increased protection provided in the south-west vegetated area, by the Conservation Designation as proposed, recognises this potential habitat values of the site, and provides a strong layer of protection.  The vegetation in this area also connects to forested areas outside of the site, and therefore the Conservation designation will assist in maintaining opportunities for koala movement in the future.

 

The proposed modifications raise no issues in regard to any other applicable State Environmental Planning Policies.

 

5.2.       Byron Local Environmental Plan 2014 (LEP 2014)

 

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a)     The approved development is not defined in the LEP 2014 Dictionary, but is defined in the Environmental Planning and Assessment Act 1979 as subdivision of land;

(b)     The land is within R2 Low Density Residential / PART RU1 Primary Production / PART DM Deferred Matter / PART RU2 Rural Landscape, according to the Land Zoning Map, with the subject areas of vegetation predominantly within the RU2 zone;

(c)     The proposal is permitted with consent; and

(d)     The proposed modifications raise no issues in regard to the Zone Objectives or any provisions of the LEP.

 

5.3.       Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

 

Draft SEPP (Coastal Management) 2016

The Draft Coastal Management State Environmental Planning Policy (SEPP) proposes to establish a new, strategic land use planning framework for coastal management.  It is intended to support the implementation of the management objectives set out in the Coastal Management Act 2016.

 

Once adopted, the Coastal Management SEPP will be the single land use planning policy for coastal development and will bring together and modernise provisions from SEPP 14 (Coastal Wetlands), SEPP 26 (Littoral Rainforests) and SEPP 71 (Coastal Protection).

 

The aim of the Draft SEPP is to promote an integrated and co-ordinated approach to planning in the ‘Coastal Zone’, identifying four coastal management areas:

·    coastal wetlands and littoral rainforests area

·    coastal environment area;

·    coastal use area; and

·    coastal vulnerability area.

 

The whole of the subject site will be mapped within the coastal use area.  The proposed modifications raise no issues in regard to the matters contained in the draft SEPP.

 

5.4.       Byron Shire Development Control Plan 2014 (DCP 2014)

 

The proposed modifications raise no issues in relation to any applicable DCP provision.

 

5.5.       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

Impact on:

Likely significant impact/s?

Natural environment

No. The proposal will not have a significantly adverse impact on the natural environment of the locality.  Overall, the modifications as proposed will result in the conservation of an increased area of native vegetation.

Built environment

No. The proposal will not have a significantly adverse impact on the built environment of the locality.

Social Environment

No. The proposal will not have a significant social impact on the locality.

Economic impact

No. The proposal will not have a significant economic impact on the locality.

 

5.6.       The suitability of the site for the development

 

Subdivision has been approved over part of the land, demonstrating that it is suitable for urban development.  The land use designations, as proposed within that part of the site, do not alter any considerations of suitability.

 

The vegetated land in the south-west corner of the site, proposed to be protected by way of “Conservation” land use designation, is not suitable for urban development, and the modification as proposed will assist in clarifying that for future applications.

 

The “Managed Conservation” designation of the outer 10m of these vegetated areas will assist in managing the bush fire risk on adjoining urban land.

 

5.7.       Public interest

 

The proposed modification of the development approval is unlikely to prejudice or compromise the public interest or create an undesirable precedent.

 

6.   DEVELOPER CONTRIBUTIONS

 

The modifications have no implications in relation to developer contributions.

 

7.   CONCLUSION

 

The application proposes to:

·    Retain the “Conservation” designation for the southern forest area, but apply the “Managed Conservation” (MC) designation to the outer 10m edge of this vegetation, to provide for some flexibility in the management of bush fire risk;

·    Modify the “Conservation” designation on the existing single Tallowood tree to “Managed Conservation” (MC), as this is proposed (in Stage 6) to be included with a larger residential lot; and

·    Modify the “Managed Conservation” designation for two larger forested areas in the south-west of the site to “Conservation”, retaining the “Managed Conservation” for the 10m outer edge of these stands.

 

It is considered that the modifications will provide an improved outcome, both in terms of managing bush fire risk for approved development and in increasing the extend of vegetation designated “Conservation” on the approved land use plan, to ensure its protection within future stages of subdivision.

 

8.   DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

Provide Disclosure Statement register details here: Not applicable

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         PLANNING - Review of further subdivision potential in the Ewingsdale and Mullumbimby 'R5 Large Lot Residential Zone'

Directorate:                 Sustainable Environment and Economy

Report Author:           Alex Caras, Team Leader Land Use Strategy

File No:                        I2017/1253

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

 

Summary:

Council at its 23 March 2017 Ordinary Meeting resolved that staff “examine a change of lot size in the R5 zones at Ewingsdale and Left Bank Road to increase available residential land in the short term”, as  one of a number of actions to progress ahead of Council’s adoption of the draft Rural Land Use Strategy.  This report presents the results of a range of minimum lot size (MLS) scenarios considered within the above estates, as well as preliminary findings arising from the Ewingsdale Road / McGettigans Lane intersection review (currently underway). The report recommends that further investigations to determine re-subdivision potential of the R5 zone at Ewingsdale be deferred until Council has considered the findings of the Ewingsdale Road / McGettigans Lane intersection review in a future report.  Consultation with affected residents would be the next step in the process of examining further subdivision potential in the R5 zone at Left Bank Road (Mullumbimby), should Council wish to proceed down this path.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

1.       That Council note the results of the preliminary subdivision analysis for the R5 zones at Ewingsdale and Left Bank Road,  as contained in this report;

 

2.       That further investigations to determine re-subdivision potential of the R5 zone at Ewingsdale be deferred until Council has considered the findings of the Ewingsdale Road / McGettigans Lane intersection review in a further report; and

 

3.       That staff consult with affected residents in the R5 zone at Left Bank Road (Mullumbimby) to determine key issues associated with, and whether there is a sufficient level of support for, amending Byron LEP 2014 to allow smaller lot subdivision within this estate.

 

 

Attachments:

 

1        Template - Form of Special Disclosure of Pecuniary Interest , E2017/97406

 

 


 

Report

Council resolved the following at its 23 March 2017 Ordinary Meeting:

 

Res 17-094:

1.       That Council staff examine a change of lot size in the R5 zones at Ewingsdale and Left Bank Road to increase available residential land in the short term; and,

                           

2.       That Council report the possible lot yield result in the two zones within 3 months.

 

This resolution relates to Action 22 of the recently exhibited draft Rural Land Use Strategy (RLUS), being:  “Investigate capacity for re-subdivision within existing Large Lot Residential estates.”

 

This is one of a number of actions being progressed ahead of Council’s adoption of the draft Rural Land Use Strategy.

 

Preliminary Subdivision Analysis Results

Current minimum lot size requirements for subdivision in the R5 Large Lot Residential Zone of these estates are:

 

·   Ewingsdale:  8,000 m2 (except 10,000m2 for certain land fronting Citriadora Drive)

·   Left Bank Road (Mullumbimby):  8,000 m2

 

The following site attributes were considered in examining their further subdivision potential:

 

·   Slope

·   Vegetation

·   Flood / Riparian

·   Bushfire

·   Existing development

 

A range of minimum lot size (MLS) scenarios were explored in both estates, with the results of the preliminary analysis presented below:

 

 

LOCALITY

Additional Lot Yield Scenarios

4000m2  MLS

6000m2 MLS

8000m2 MLS (additional yield if current potential realised)

Ewingsdale

91

52

34

Mullumbimby

39

17

11

 

It is noted that actual lot yields may vary from those shown above pending a more detailed land capability assessment, including capacity for onsite waste management. 

 

The above scenarios, if realised, may not have any measureable influence on the overall supply and price of available residential land in the short term.  This is because rural residential land in these estates generally has a higher purchase price than in the urban (non-coastal) residential areas of the Shire, mainly due to the perceived lifestyle attributes associated with larger lot sizes.  Therefore additional lot releases within these estates are likely to exceed the price-point of most first-time home buyers and working families seeking housing in the Shire.

 

 

 

 

Traffic Capacity at Ewingsdale Road / McGettigans Lane intersection

The Ewingsdale Road / McGettigans Lane intersection has been identified in a number of recent studies along the Ewingsdale Road corridor to reach full capacity by 2019, notwithstanding any additional (new) development within this corridor. Preliminary review findings suggest that this intersection will most likely require upgrading prior to any additional development occurring in this locality.  However Council is unlikely have sufficient S94 funds to upgrade this roundabout until 2023.  On this basis, it is recommended that further investigations to determine re-subdivision potential of the R5 zone at Ewingsdale be deferred until Council has considered the findings of the Ewingsdale Road / McGettigans Lane intersection review (currently underway) in a further report expected before the end of the year.

 

Next steps

Draft RLUS section ‘4.3 - Process for enabling re-subdivision within existing Large Lot Residential estates’ states: “Council will need to undertake further investigations to determine re-subdivision potential of existing rural residential estates. Following those investigations, Council will consult with affected residents within the relevant estates to determine key issues and gauge whether there is sufficient level of support to amend Byron LEP 2014 for this purpose.”

 

Consultation with affected residents would be the next step in progressing RLUS Action 22 (ie. the process of examining further subdivision potential) in the R5 zone at Left Bank Road (Mullumbimby), should Council wish to proceed down this path.  In this regard a number of the submissions to the recently exhibited draft Rural Land Use Strategy raised the need to also consult with surrounding rural landowners about the potential impacts of re-subdivision on their amenity and/or ability to continue or expand farming operations.

 

As recommended above, further investigations in the Ewingsdale R5 zone should be deferred until Council has considered the findings of the Ewingsdale Road / McGettigans Lane intersection review (currently underway) in a further report.

 

Financial Implications

The administration costs of progressing RLUS Action 22 for the above estates can be accommodated within existing Council budgets.

 

 

Statutory and Policy Compliance Implications

Progression of draft RLUS Action 22 (in part) is consistent with the relevant Delivery Program Actions 2017-2021 and Operational Plan Activities 2017-2018 for the ‘Environment’ category (EN1.2.1).

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         Local Heritage Places Grants 2017--18

Directorate:                 Sustainable Environment and Economy

Report Author:           Luke  Munro , Planner  

File No:                        I2017/1320

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

The Byron Local Heritage Places Grants have been established by Council to assist property owners to carry out restoration works to listed heritage properties throughout the Shire.

 

There is a total of $12,000.00 in the fund made up of a grant from the Heritage Division of the NSW Office of Environment of $6,000.00 and $6,000.00 from the Council.

 

The Local Heritage Places Grants 2017-18 is jointly funded by Council and the NSW Heritage Division as part of the commitments to heritage management and tourism within Byron Shire. The purpose of the fund is to provide a small grant to support owners of heritage items or draft heritage items in maintaining their heritage property.

 

The focus for the 2017-2018 Local Heritage Places Grants is conservation works that enhance individual places, buildings and historic streetscapes including buildings in conservation areas that will promote and foster community appreciation of the history of the Shire.

 

Five applications were received this year for projects with a total value of over $85,000. After consideration by the Heritage Adviser and staff, all five projects were each awarded a share of the available $12,000.

 

  

 

RECOMMENDATION:

That Council receive the information in the report on Local Heritage Places Grants 2017-18 and endorse the funding recommendations made by the Heritage Advisor and staff.

 

 

Attachments:

 

1        Confidential - Project Application Local Heritage Places Fund - 39 Leslie Street, Bangalow , S2017/17059  

2        Confidential - Assessment Criteria 39 Leslie Street Bangalow, E2017/93142  

3        Confidential - Project Application Local HEritage Places Fund - 26 Carlyle Street Byron Bay, S2017/17077  

4        Confidential - Assessment Criteria 26 Carlyle Street Byron Bay, E2017/93151  

5        Confidential - Projection Application Local Heritage Places Funding 5 Lismore Road Bangalow, E2017/91286  

6        Confidential - Assessment Criteria 5 Lismore Road Bangalow, E2017/93153  

7        Confidential - Project Application Local Heritage Places Fund Deacon & Ashton Streets Bangalow , E2017/91289  

8        Confidential - Assessment Criteria Deacon & Ashton Streets Bangalow, E2017/93156  

9        Confidential - Project Application Local Heritage Places Fund 31 Byron Street Bangalow, E2017/91298  

10      Confidential - Assessment Criteria 31 Byron Street Bangalow, E2017/93158  

 

 

 

Report

 

The Byron Local Heritage Places Grants have been established with the aid of a grant from the Heritage Division of the NSW Office of Environment and Heritage with Council providing $6,000 to qualify for $6,000 from the Heritage Division.

 

The purpose of the Byron Local Heritage Places Grants is to help property owners carry out restoration works on listed heritage properties. As well as encouraging restorative work, the program raises awareness of the benefits of heritage conservation and in doing so, promotes and preserves the rich local history of the Byron Shire.

 

Up to $3,000 was available for each project from a total funding pool of $12,000. The main conditions are that property owners need to provide one dollar for every dollar contributed jointly by Council and the Heritage Division and that the work must be completed before or by April 2017.

 

Five applications were received this year.  Each proposal was assessed by

Council’s Heritage Advisor against Heritage Division criteria.

http://www.byron.nsw.gov.au/byron-local-heritage-places-grants-2016-2017

 

Ordinarily a report by the Heritage Advisor would be considered by the Heritage Advisory Panel, but given the need to allocate the fund now; this report has been submitted directly to Council for endorsement. The five successful projects and the grant assistance provided are listed in the attachments.

 

The funding of these five projects enables over $85,000 worth of work to be carried out in this financial year which will increase community participation and pro-active conservation works to heritage assets in the local area.  The fund will also contribute to the business and tourism industry by ensuring the recognition and quality of Byron’s heritage attractions.

 

Financial Implications

 

Council has delivered the Local Heritage Places Grants with the aid of a grant from the Heritage Division of the NSW Office of Environment and Heritage with Council providing $6,000 to qualify for $6,000 from the Heritage Division.

 

Statutory and Policy Compliance Implications

 

The operation of the Local Heritage Places Grants program is a task of the Byron Shire Heritage Strategy 2016-2019.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         Submissions Report on the Draft Byron Shire Flying-fox Camp Management Plan

Directorate:                 Sustainable Environment and Economy

Report Author:           Clare Manning, Natural Environment Projects and Policy Officer

File No:                        I2017/1332

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report presents the public exhibition outcomes of the draft Byron Shire Flying-fox Camp Management Plan (Plan). Specifically it is proposed to adopt the Plan with changes to minimise the impacts of flying-foxes to the community, while ensuring long-term conservation of flying-foxes and their habitat within Byron Shire.  Under a Council adopted Plan Council is eligible to take advantage of the Flying-foxes Grants Program that has been established to assist councils to manage flying-fox camps in their area, consistent with the Office of Environment and Heritage (OEH) Flying-Fox Camp Management Policy 2015 (Policy).

 

The Plan is consistent with the OEH Camp Management Plan Template and Policy to facilitate licensing of camp management actions over the next five years. The Plan is consistent with the Biodiversity Conservation Strategy 2004 (currently under review) and Operational Plan 2017-18.

 

  

 

RECOMMENDATION:

That Council note this report with the following recommendations:

1.         adopt the Byron Shire Flying-fox Camp Management Plan (Attachment 1) that includes changes following public exhibition as outlined in Table 1 of this report.

2.         consider an allocation of:

a)    $20,000 in the 2018-19 annual budget to leverage 1:1 funding from the Flying-foxes Grants Program to fund specific management actions

b)    $35,000 in the 2018-19 budget to appoint a part time Flying-fox Project Officer, to organise and facilitate the initial stages of the Plan implementation where a high level community engagement and development of protocols and procedure will be required.

3.       note that funding commitment is required annually and long term beyond the five year           life of the Plan.

4.       seek the Office of Environment & Heritage endorsement of the Byron Shire Flying-fox           Camp Management Plan.

 

Attachments:

 

1        Byron Shire Flying-fox Camp Mgt Plan Version 5, E2017/93262