Agenda

 

Ordinary Meeting

 

 Thursday, 22 March 2018

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00pm

 

 

 

 

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

 

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)

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.

 

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

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

6.    Adoption of Minutes from Previous Meetings

6.1       Ordinary Meeting held on 22 February 2018

6.2       Byron Shire Reserve Trust Committee held on 22 February 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

8.1       Mercato ............................................................................................................................ 6

9.    Notices of Motion

9.1       Independent review of Byron Shire Council’s organisation and governance................... 7

9.2       Funding for the Implementation of Town Masterplan Projects....................................... 13

9.3       Future of Local Government - 21st Century Community Governance.......................... 17

9.4       Public Access - Budget Estimates.................................................................................. 20

9.5       Water Sensitive Urban Design........................................................................................ 24

9.6       Protection and Public Access - Scarabelottis Lookout and Keyes Bridge Reserve....... 28

9.7       Poker Machines in the Byron Shire................................................................................ 30

10.  Petitions

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 28 February 2018......................... 33

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Byron Bay Town Centre Masterplan Leadership Team 2018........................................ 35

13.2     Report of the Communications Panel Meeting held on 14 September 2017................. 39

13.3     Report of the Communications Panel Meeting held on 13 February 2018.................... 42

Corporate and Community Services

13.4     Draft Policy: Community Iniaitives Policy (Section 356) following period of public exhibition      45

13.5     Proposed Amendments to Council's Code of Meeting Practice.................................... 48

13.6     A new strategic approach to Public Art - revised Public Art Policy and new Draft Public Art Strategy......................................................................................................................................... 58

13.7     Joint Organisation of Councils ....................................................................................... 62

13.8     Council Investments February 2018............................................................................... 69

13.9     Stronger Country Communities Fund Round 2.............................................................. 76

13.10   Audit of tree removals in Railway Park Byron Bay........................................................ 81

13.11   National General Assembly of Local Government 2018................................................ 85

13.12   Councillor Nomination to Cape Byron Marine Park Advisory Committee..................... 88

Sustainable Environment and Economy

13.13   Report of the Planning Review Committee Meeting held on 22 February 2018............ 90

13.14   PLANNING - Development Application 10.2017.619.1 Staged Development - Stage 1 Strata Subdivision to Create Two (2) Lots , Stage 2 Alterations and Additions to Existing Shed to Create a Detached Dual Occupancy 19 Aloota Crescent Ocean Shores.................................... 93

13.15   PLANNING - Update on Environmental Zone review and Planning Proposal implementation process....................................................................................................................................... 106

13.16   Easy to do Business Program ...................................................................................... 117

13.17   Byron Shire Bush Fire Prone Land Mapping................................................................ 120

13.18   PLANNING - Development Application 10.2017.163.1 for Alterations and Additions to Existing Dwelling House including a Garage, Studio, Roofed Deck and Temporary Storage Shed with Attached Carport to be Decommissioned at the Completion of Construction  at 126 Coolamon Scenic Drive Ewingsdale .......................................................................................................... 126

13.19   PLANNING - Development Application 10.2017.450.1 Dual Occupancy (Detached) and Strata Subdivision at 40 Charlotte Street Bangalow................................................................ 140

13.20   PLANNING - Development Application 10.2017.715.1 Farm Stay Accommodation 252 Middle Pocket Road Middle Pocket......................................................................................... 153

13.21   PLANNING - Development Application 10.2017.600.1 - Strata Subdivision to create two (2) Strata Lots at 10 Rangal Road, Ocean Shores ...................................................................... 172

13.22   PLANNING - 24.2017.82.1 'Housekeeping' Amendment - Byron DCP 2014 (Various Chapters)....................................................................................................................................... 184

13.23   Expressions of Interest for the Multi Use of Byron Shire Rail Corridor........................ 192

13.24   Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings 194

Infrastructure Services

13.25   Loan Funding - Eureka Bridge Embankment Repairs and Replacement of Five Bridges 197

13.26   Tyagarah Clothes Optional Declaration - results of the enhanced stakeholder safety initiatives of Res 17-499 and Res 17-715................................................................................................. 203

13.27   Interim Parking Permits - fees and charges................................................................. 208

13.28   Tyagarah Airfield Plan Management  .......................................................................... 213

13.29   Water and Sewer Equivalent Tenements Policy.......................................................... 217

13.30   Review of Council's Smoke Free Outdoor Areas Policy.............................................. 219

13.31   Ewingsdale Road and Sunrise Boulevard Roundabout ............................................... 222   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Audit, Risk and Improvement Committee Meeting held on 30 November 2017     231

14.2     Report of the Audit, Risk and Improvement Committee Meeting held on 15 February 2018       234

Infrastructure Services

14.3     Report of the Transport and Infrastructure Advisory Committee Meeting held on 13 February 2018....................................................................................................................................... 237

14.4     Report of the Local Traffic Committee Meeting held on 12 February 2018................. 240   

15.  Questions With Notice

15.1     Agglomerated Data on Dwelling Supply in Byron Shire............................................... 244

15.2     Byron Bay Bypass......................................................................................................... 245   

16.  Confidential Reports

Corporate and Community Services

16.1     Confidential - Development Application 10.2017.474.1 multidwelling housing consisting of twenty five (25) 1 bedrooms 70-90 Station Street Mullumbimby................................. 246

Infrastructure Services

16.2     Confidential - Tender 2017-0053 Replace 5 Bridges Evaluation Recommendation 248

16.3     Confidential - Tender 2017-0011 Suffolk Park Community Hall Upgrade........... 250

16.4     Confidential - Tender 2017-0014 Construction of Concrete Roundabout and Road Reconstruction at the Intersection of Bayshore Drive and Ewingsdale Road, Byron Bay 252

16.5     Confidential - Tender 2017-0064 Blindmouth Creek Crossing Tender Evaluation 254

16.6     Confidential - Tender 2017-0027 Suffolk Beachfront Holiday Park Alterations and Additions to Existing Amenities Building........................................................................................... 256

16.7     Confidential - Aquisition of land for 5 Bridges Replacement Program................. 258

16.8     Confidential - Tender 2017-0066 Landslip Remediation....................................... 259  

 

 

 

 

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.

 

Mayoral Minute                                                                                                                         8.1

 

 

Mayoral Minute

 

Mayoral Minute No. 8.1       Mercato

File No:                                  I2018/408

 

  

I move that Council amend condition 49 of DA 10.2013.587.1 to extend construction works to Saturday, from 7am – 6pm.

 

 

 

 

Background Notes:

 

Council granted development consent to the ‘Mercato on Byron’ proposal subject to conditions 30 October 2014.

 

‘Mercato on Byron’ is a commercial retail development on Jonson Street to include a brand new Woolworths supermarket, a nine-auditoria Palace Cinema and a range of boutique speciality retailers.

 

Construction of this development is progressing.

 

Following a meeting held with Council staff about the development, construction phases and time to opening, a request has been received from the developer to extend the approved construction hours on a Saturday.

 

The current approved construction times are as follows:

 

33)    Demolition/Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a)      Monday to Friday, from 7 am to 6 pm.

b)      Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

 

The developer seeks an extension of time only on Saturday to between 7am and 6pm.

 

This minor extension to the afternoon hours would see an acceleration of work on site to achieve a project completion by end 2018 instead of mid 2019. The impacts of the development

during the construction process were assessed previously as part of the development approval.  Conditions are already in place to address construction noise.

 

The benefit to the Town Centre and its amenity and function from the extension to construction hours on a Saturday are the completion of the ‘Mercato on Byron’ earlier than proposed.

 

Signed:   Cr Simon Richardson  

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Independent review of Byron Shire Council’s organisation and governance

File No:                                  I2018/217

 

  

I move that Council engage an independent consultant to undertake an organisation and governance review of the council to provide information for the incoming General Manager and the community in relation to the current state of Byron Shire Council, and that the review should consider:   1.       Council’s compliance with: current legislation and BSC policy and strategic frameworks   2.       A review of current policies, procedures and practices in relation to: a)         community consultation and community engagement processes including committees b)        compliance management c)         tendering procedures d)        public land management including leases and licences e)         human resources management f)         internal audit processes g)        infrastructure management h)        financial and investment management i)          planning and development application processes   3.       A review of best practice policies, including information to improve current systems in relation to all areas identified in part 2

 

Attachments:

 

1        Confidential - Internal Audit Review Report - Corporate Compliance & Policy Management OCM, E2017/108208  

2        Confidential - Internal Audit Review Report - Buildings and Property Management OCM, E2018/10497  

3        Confidential - Quote to perform Compliance and Governance Review 020318, E2018/17273  

4        Confidential - Internal audit activity status report, E2018/9927  

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

With the process underway to replace out going General Manager, we have a good window of opportunity to ensure that Council’s house is in order when we appoint a new General Manager and any needs for the organisation’s improved efficiency are made clear. I believe this review would be a great benefit for the organisation and the new General Manager.

 

Source of Funds (if applicable):

To be determined by staff

 

Staff comments by Anna Vinfield, Manager Corporate Services, Corporate and Community Services:

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

 

Officers have sought a proposal from Council’s appointed audit, risk and improvement service provider O’Connor Marsden and Associates (OCM) to address the above mentioned review.  OCM’s proposal is included as per attachment 3 and outlined in this response.

 

In addition to the proposal from OCM, it should also be noted that Council has an Audit, Risk and Improvement Committee, an adopted four-year audit program, and a significant body of previous audits which address some of the requested review components.

 

The below table outlines the review components and whether these have been addressed previously or are included on the forward audit plan.

 

Review components	Comments
1. Current legislation and BSC policy and strategic frameworks	OCM completed a review of Council’s corporate compliance and policy management in November 2017, finding that no matters of significance (high or extreme risk) were identified. Previously Grant Thornton completed a review of Council’s governance and complaints handling in 2015-16, with an overall rating of acceptable. Grant Thornton also conducted a review of Council’s Business Continuity Plan (BCP) and Disaster Recover Plan (DRP) in 2016-2017. OCM will complete a further review of Council’s BCP and DRP in 2019-20, as well as reviews of risk management (2019-20), project management (2019-20) and grants management (2018-19).
2. a) Community consultation and community engagement processes including committees	OCM will conduct a review of Council’s customer service in 2018-19. Community consultation and engagement has not specifically been included on the four-year audit plan.
b) Compliance management	Grant Thornton conducted a Regulatory Enforcement review in 2014-15.
c) Tendering procedures	A contract management review was completed by Grant Thornton in 2013-14. Grant Thornton also completed an inventory control review in 2015-16 and a procurement review was undertaken in 2015-16. OCM will conduct a review of Council’s procurement and tendering processes in 2020-21.
d) Public land management including leases and licences	Leases were addressed as part of the January 2018 Buildings and Property Audit conducted by OCM. Public land management has not been undertaken with either Grant Thornton or OCM.
e) Human resources management	A work, health and safety review was conducted by Grant Thornton in 2014-15. Grant Thornton also completed a further review of training, recruitment and succession planning in 2016-17. OCM will complete a review of Council’s succession planning and talent management in 2019-20.
f) Internal audit processes	An independent review of Council’s internal audit processes has not been or scheduled to be undertaken.
g) Infrastructure management	OCM conducted a review of Council’s building and property management in February 2018. As part of this review, OCM concluded that opportunities to increase effectiveness in building and property management were identified. OCM will conduct a further review of Council’s asset management in 2020-21, and pay parking systems and processes. Water supply and sewer infrastructure were reviewed by Grant Thornton in 2013-14. Grant Thornton also reviewed Council’s asset management (key asset infrastructure) in 2016-17.
h) Financial and investment management	OCM will complete reviews of Council’s payroll and cash management in 2018-19. Grant Thornton completed a financial controls including investments review in 2013-2014 and billings and collections review at Council in 2014-15.
i) Planning and development application processes	Section 603 and 149 Certificates were reviewed by Grant Thornton in 2013-14. Grant Thornton also completed a development assessments review in 2015-16 and developer contributions review in 2016-17. OCM are scheduled to conduct a review of Council’s development assessment and developer contributions in 2020-21.

 

Role of the Audit, Risk and Improvement Committee

 

Council’s Audit, Risk and Improvement Committee reports to Council independently of management and provides appropriate advice and recommendations on matters concerning the good corporate governance of Council including performance improvement and risk management.

                                                                                                                            

The objective of the Committee is to provide professional, independent advice and assistance to Council in assessing the organisation’s audit, compliance, risk and improvement performance.  The Committee is assisted by appointed auditors.

 

At Council’s Ordinary meeting on 22 June 2017, Council resolved (17-252) to appoint O’Connor Marsden and Associates (OCM) as the audit, risk and improvement service provider for the four year contract period 2017 – 2021. OCM offers extensive experience in the fields of internal audit, probity audit, procurement, risk management, governance and workplace conduct.

 

Audit program

 

OCM conducted an internal audit review of Council’s Corporate Compliance and Policy Management in November 2017, which reviewed Council’s framework for complying with legislation and its policy objectives (addressing points 1 and 2b of the motion). OCM’s report (Confidential Attachment 1) includes their findings and management response from staff. 

 

During the internal audit, evidence of better practice of corporate compliance and policy management was noted, which included:

·    Council representatives interviewed indicated that they had a strong corporate compliance culture;

·    Council has documented many of its corporate compliance obligations into its Policies and Procedures;

·    For many of its policies and procedures Council provides training to Councillors and its workforce to ensure that they understand the importance of those specific corporate compliance obligations.  Key examples include the induction process, changes to payroll awards, and code of conduct; and

·    Council staff members work with specialised local government networks to stay abreast of changes to corporate compliance requirements.

 

During this review, no matters of significance (high or extreme risk) were identified.  A number of improvements were recommended which are being progressed by officers.  These include:

·    Corporate Compliance Framework

·    Prioritising compliance obligations

·    Improvements to integrity controls

 

In January 2018, OCM completed an internal audit review of buildings and property management (addressing point 2g of the motion). The audit was comprehensive and reviewed a number of business units. OCM’s report has been attached to this report (Confidential Attachment 2).

 

During this review, no matters of significance (high or extreme risk) were identified.  A number of improvements were recommended and officers are progressing to develop a more detailed work program of how to implement the recommendations.  These include:

·    Asset Management Framework – Asset Management Working Group

·    Asset Management Framework – Allocation of Asset Management Responsibilities

·    Corporate Knowledge

·    Lease, Licence and Management Contracts

·    Section 355 Managed Community Facilities

 

OCM will conduct further internal audit reviews of Council practices and processes as part of their four-year audit program. A schedule of these reviews, which cover a number of points raised in the motion, is contained in Council’s Internal Audit Plan (endorsed by Council at its 26 October 2017 Ordinary Meeting) and is listed below:

·    Fraud and Corruption Control

·    IT User Access

·    Cash Management

·    Payroll

·    Customer Service

·    Pay Parking Systems and Processes

·    Grants Management

·    Project Management

·    Risk Management

·    BC/DR Planning

·    Succession Planning and Talent Management

·    Asset Management

·    Child Care Services

·    Development Assessment and Developer Contributions

·    Procurement and Tendering

 

Previous audit program

 

Prior to OCM’s appointment, Grant Thornton was Council’s internal auditor.  Their audit program included:

·    Financial Controls including investments (2013-2014)

·    Contract Management and Project Management Review (2013-2014)

·    Water Supply and Sewer Infrastructure (2013-2014)

·    Dealing with Emergencies Review 2014 (2013-2014)

·    Section 603 & 149 Certificates Review (2013-2014)

·    Regulatory Enforcement Review (2014-2015)

·    Billings and Collections (2014-2015)

·    Work Health & Safety Review (2014-2015)

·    Inventory Control Review (2015-2016)

·    Governance and Complaints Handling (2015-2016)

·    Development Assessments Review (2015-2016)

·    Procurement Review (2015-2016)

·    Developer Contributions Review (2016-2017)

·    Training, Recruitment and Succession Review (2016-2017)

·    Business Continuity Plan/Disaster Recover Plan (2016-2017)

·    Asset Management – Key Asset Infrastructure (2016-2017)

 

A status update on these audits and their recommendations is included at Attachment 4.

 

Organisation and governance review proposal

 

Council staff have liaised with OCM regarding the motion and received a quotation for the proposed audits to be undertaken (Confidential Attachment 3), which proposes a four stage approach for the engagement which would be conducted as follows:

 

1. Consider Council’s Legislative Compliance Approach;

2. Perform a detailed review of the current policies, procedures and practices;

3. Compare Council’s policies, processes and practices to better practice; and

4. Collate the results.

 

The engagement is expected to take 82 days, with a proposed fee of $110,700 (excluding GST). The breakdown of the proposed fee per phase, as well as a draft schedule for the audit, is contained in Confidential Attachment 3.

 

There is an opportunity to reduce the scope of the audit by conducting desktop reviews or limiting the business areas to be tested.

 

Financial/Resource/Legal Implications:

 

The proposed fee is $110,700.  This is not included in the 2017/18 budget and to proceed would require Council to allocate a budget to do so to comply with resolution 18-111 part 5. 

 

That Council reaffirm that no expenditure is to occur without an approved budget backed by resolution of Council.

 

To fund the quoted expenditure, Council would need to reduce current budget allocations or assign funds from an internal reserve away from the purpose of the reserve to undertake this task.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

CORPORATE MANAGEMENT:  Effective leadership and ethical and accountable decision making

 

Objective CM1 Effective governance, business, project and financial management

Strategy CM1.1 Council will be efficient, transparent and accountable to all its stakeholders

 

Strategy CM1.3 Improve organisational sustainability (economic, social, environmental and governance)

 

 

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Funding for the Implementation of Town Masterplan Projects

File No:                                  I2018/389

 

  

I move that Council:   1.       Acknowledge  the important work completed by those involved in the Byron Bay Masterplan and the subsequent work by the Byron Bay Town Centre Master Plan Leadership Group 2.       Acknowledge the importance of ensuring the recommendations and projects identified within the development of masterplans are enacted and implemented 3.       Acknowledge the importance of ensuring recurrent funding is identified and reserved to implement works and recommendations within these masterplans. 4.       Ensure that, at least 50% of paid parking revenue allocations to Byron Bay are reserved for implementing masterplan projects.

 

 

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

A Masterplan needs to live and breathe and not simply sit on shelf and all too often, this has been the case.

 

Very early on, Council understood the need for ensuring that projects and recommendations emanating from the masterplan could be funded and implemented.  Whilst Council does have section 94 funds that can be used for masterplan projects, they would obviously need to be decided by Council and prioritised against other projects, in other areas.

 

This is how most things receive funding and this is an appropriate funding process that could be applied to masterplan projects also.

 

However, I believe the Masterplan requires a more explicit, transparent and recurrent funding process to ensure that projects are funded and can come to life.

 

The Byron Bay Town Centre Master Plan Leadership Group (BBTCMP-LG) have spent many months and in some cases years working to deliver both a wonderful and much needed masterplan and to deliver projects identified within it. 

 

With a recurrent funding source they can begin to prioritise projects more accurately, begin to work on philanthropic partnerships, and begin to seek external grants to compliment or match these clearly identified funding levels.

 

The Masterplan process was one of the most widely engaged with council endeavours in our history, certainly by far within my 10 years on council,  and the final presentations shared to two full Community Centre local audiences illustrated the broad consensus that works were needed and that this was a robust, exciting, relevant and supported guidebook for future town planning.

 

 

 

Staff comments by James Brickley, Manager Finance, Corporate and Community Services:

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

 

Parts 1 to 3 of this Notice of Motion is requesting Council to acknowledge the following:

 

·    The important work completed by those involved in the Byron Bay Masterplan and the subsequent work by the Byron Bay Town Centre Master Plan Leadership Group

·    The importance of ensuring the recommendations and projects identified within the development of masterplans are enacted and implemented

·    The importance of ensuring recurrent funding is identified and reserved to implement works and recommendations within these masterplans.

 

Part 4 of this Notice of Motion is requiring Council to reallocate 50% of paid parking revenue for Byron Bay to implementation of Masterplan projects.  The financial implications of Part 4 are as follows:

 

Financial/Resource/Legal Implications:

 

From the outset, it is a matter for Council to determine the allocation of pay parking revenue.  The only restriction to this is that the pay parking revenue generated on the Main Beach Crown Reserve less an apportionment of cost to manage the pay parking scheme must be allocated to and expended on the Main Beach Crown Reserve.

 

Council at its Ordinary Meeting held on 1 February 2018 most recently confirmed by resolution how pay parking revenue is to be allocated as follows:

 

18-023 Resolved:

 

1. That Council note:

 

i) the commitment to ensure ‘at least 50%’ of paid parking revenue from Byron Bay is committed to projects in Byron Bay has been met;

 

ii) Shire-wide community support for paid parking is based on an equitable distribution of revenue throughout the Shire to address impacts on infrastructure from tourism.

 

2. That Council affirm that 50% of all non-Crown paid parking revenue from Byron Bay continue to be used to fund projects in Byron Bay.

 

3. That the distribution of all paid parking revenue be reviewed should additional paid parking schemes be implemented.

 

4. That in order to provide information on the projects funded by revenue obtained from paid parking, Council produce a paid parking information table on its website that clearly displays: estimated revenue, particular projects, estimated cost of project, actual cost of project, and completion status of project.                                                       (Cameron/Richardson)

 

If part 4 of this Notice of Motion is linked to resolution 18-023 and utilising the actual pay parking revenues generated for the 2016/2017 financial year, the table below presents an indicative amount of pay parking revenue that would be directed to Byron Bay Town Centre Masterplan projects.  This represents 50% of the 50% of non-Crown pay parking revenue allocated to Byron Bay or in other words 25% of all non-Crown pay parking revenue.

 

 

 

 

 

 

 

Item	Value $
Gross parking meter and permit revenue	3,518,336
Less: Parking scheme operational costs	(1,061,881)
Net revenue available	2,456,455
Less: Apportionment of net revenue to Crown Pay Parking Reserve	(484,578)
Remaining revenue available	1,971,877
50% remaining revenue allocated to Byron Bay	985,939
50% remaining revenue from Byron Bay reallocated to Town Centre Masterplan projects	492,969

 

Based on the table above, Council as a guide would be reallocating in the vicinity of $500,000 per annum of pay parking revenue to Byron Bay Town Centre Masterplan projects.

 

Council through the budget process and subsequent quarterly budget reviews has fully allocated all non-Crown pay parking revenue expected to be derived in the 2017/2018 financial year including any unexpended non-Crown pay parking revenue brought forward from the 2016/2017 financial year assuming all funded projects are completed.  It is recommended that should Council adopt this Notice of Motion, the structural change to the allocation of pay parking revenue not commence until the 2018/2019 financial year.

 

Council Improvement Plan (CIP)

 

Council in June 2015 submitted it’s adopted CIP to the Independent Pricing and Regulatory Tribunal (IPART) for assessment on behalf of the NSW Government.  Following that assessment, Council was declared ‘Fit for the Future’.  In the CIP Council made a number of commitments to meet pre-determined benchmarks by 2019/2020.  These commitments included the following:

 

·    Introduction of pay parking with revenue allocated to asset renewal.

·    Introduction of a Special Rate Variation of 10% per annum for four years with Council subsequently implementing a 7.5% Special Rate Variation for four years.

·    Rationalisation and sale of surplus land assets including Lot 12 Bayshore Drive to fund asset renewal with Council subsequently determining not to sell this property and consider other uses.

 

If part 4 of this Notice of Motion is adopted by Council, this will also change Council’s CIP position given the reallocation of pay parking funds to what could be considered in the main new assets in lieu of asset renewal.  New assets will also create future maintenance obligations to be funded once constructed. It is not clear what will be required after 2019/2020 in respect of the projections Council indicated it would achieve in its CIP and it would seem the emphasis on ‘Fit for the Future’ has gone off the local government agenda in NSW.  However, the Office of Local Government are requiring Council annually to report against the CIP benchmarks so this is something Council should consider and whether other decisions need to be made in relation to CIP outcomes considering decisions already made and the decision presented in part 4 of this Notice of Motion.

 

Summary

 

It is a matter for Council to determine where and how pay parking revenue derived is allocated.  Council has made commitments to the CIP in June 2015 by resolution that focused on addressing asset maintenance and renewal. Pay parking revenue was a significant contributor to the CIP outcomes and Council’s declaration as ‘Fit for the Future’. Council has subsequently made commitments to the Town Masterplan process and implementation of those outcomes which will in many instances create new assets and not address asset renewal.  Should Council adopt part 4 of this Notice of Motion, it will provide a recurrent funding source for the implementation of Byron Bay Town Centre Masterplan projects but reduce funding to asset renewal and the ability to reduce infrastructure backlog.  However, the determination of what is the priority for the use of pay parking revenue is a decision for Council but it is important whatever decision Council determines it is aware of the potential implications of the decision may create. 

 

Is the proposal consistent with any Delivery Program tasks?

 

Strategy SC2.4 - “Create vibrant liveable places and spaces within towns and villages for people of all ages and abilities”

 

Action: Develop town and village Masterplans that promote place-making, access and inclusion

 

Operational Plan 2017-2018 (YEAR 1): Continue to implement Byron Bay Town Centre Masterplan

 

Definition of the project/task:

Acknowledging the importance of the Masterplan projects and nominating a recurrent funding stream to implement Masterplan projects. Council consideration of reallocating part of pay parking revenue to this purpose.

 

 

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Future of Local Government - 21st Century Community Governance

File No:                                  I2018/400

 

  

I move that Council:   1.       Endorse the Future of Local Government Declaration as attached and the following ‘key principles’ to assist Council to ‘play a valued and effective role in a new system of community-based governance’ to meet the needs and challenges of the community in the twenty first century. Councils need to;   ·   Have the courage to embrace the future and take informed risks to bring about necessary change   ·   Learn how to be community led, making space for communities to take action themselves, and responding positively to local initiatives   ·   Deepen their understanding of communities, listening to all their people and engaging with them in new and different ways that reflect community diversity (‘Dadirri’ deep listening, understanding and communication)   ·   Empower citizens through participatory and deliberative democracy, including community boards, precinct committees, cooperatives, citizens juries and others   ·   Embrace new ways of working to ensure that local needs are met through joined-up planning and services   ·   Forge more local and regional partnerships that address issues and drive change at community, state and federal levels   ·   Promote local networks, co-production of goods and services, and moves to ‘reclaim the Commons’. 2.     Embed the key principles and ideas in the Declaration into the         development and delivery of community engagement and services.   3.     Note the adoption of the Declaration and endorsement of the key         principles by the Executive Team as an administrative tool to support operations.

 

Attachments:

 

1        Future of Local Government Declaration, E2018/17762 ⇨

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

At the December Strategic Planning Workshops, Councillors received and discussed a presentation by staff on the significant challenges facing local government in adapting to rapid change, community expectations and emerging methods of community engagement in the twenty first century.

 

The presentation included a review of the Future of Local Government Declaration and key principles developed at the Municipal Association of Victoria conference in May 2017.  The Declaration is attached.

 

Actions already resolved upon and implemented by Council following the December workshop include the establishment of the Community Solutions Panel as a way of applying the key principles in an innovative approach to deliberative democracy.

 

The Workshop also discussed the initiative of the Executive Team in adopting the Declaration and endorsement of the key principles as ‘an administrative tool to support operations’.

 

Endorsement of the Declaration and key principles by Council signifies our commitment to consider new and effective ways of reaching deeper into our community for inspiration and to work together in a new era of effective collaboration.

 

The Declaration and key principles support Council’s commitment to other statements of principles and action that help guide the way in implementing policy such as Planning for People: A Community Charter for Good Planning in NSW.

 

Dadirri is an indigenous practice of deep listening, communication and understanding increasingly recognised as a useful tool in considered decision making as part of deliberative democracy processes.

 

Recommended priority relative to other Delivery Plan tasks:

 

The key principles can be adopted as part of all delivery plan tasks

 

Definition of the project/task:

 

Council endorse the Declaration and key principles and that these are expressed and practiced in all areas of Council operations and decision making.

 

Source of Funds (if applicable):

 

Within existing budgets.

 

Staff comments by Anna Vinfield, Manager Corporate Services, Corporate and Community Services and Shannon McKelvey, Manager Organisation Development

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

 

At the December 2017 Strategic Planning Workshop, it was agreed that management would trial using the principles of the Future of Local Government declaration as a way of improving the way we do our business with a review in mid-2018. The strategic direction that Council has been taking for some years is aligned with the principles, for example, Council has:

·   moved to a ‘master planning’ approach to empower communities to shape their local areas;

·   been reviewing services to improve collaboration and move away from ‘silos’ towards place-based services;

·   had a Financial Sustainability Plan in place since 2014, with a chapters dedicated to volunteerism, innovation, collaboration and partnerships;

·   in November 2017 adopted its innovative ‘Supporting Partnerships Policy;

·   facilitated participatory budgeting and prioritisation processes for small specific projects, for example for works in Ocean Shores and more recently grant funding priorities

·   supported community-led initiatives, like ZEB whose objectives include harnessing community expertise and energy to work to create a zero emissions community.

 

A key outcome from the Community Strategic Plan engagement undertaken in November and December 2017 was that community would like to be more involved in decision-making. 

 

Council resolved to progress a deliberative-democracy Community Solutions Panel to tackle its infrastructure challenge and inform its next Delivery Program (Resolution 18-027). As part of this recommendation, officers will review the panel process and report the outcomes to the Communications Advisory Panel. This review will occur in first quarter 2018/19 following the adoption of the Delivery Program.

 

There are a number of ‘wicked’ problems that Council faces which could be presented to a future deliberative process.  This is under review by officers.  

 

In addition, officers are reviewing Council’s engagement strategy that will be workshopped with the Communications Advisory Panel.

 

Financial/Resource/Legal Implications:

 

Using deliberative processes can be resource intensive – both in staff time and financial implications.   Some community-led initiatives or joined-up service delivery projects can be cost neutral or even cost beneficial to Council, however, others can have significant time or cost implications.

 

Officers will need to review the opportunities each project and service presents and determine the potential for community-leadership/delivery, taking into account financial, resourcing and legal implications.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes – CM2.1.2 action is to “Incorporate inclusive community consultation and stakeholder engagement in Council decision making”.

 

In addition Council’s new draft Community Strategic Plan which is currently on public exhibition includes an overarching objective that “we have community-led decision making which is open and inclusive”.

 

 

 

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Public Access - Budget Estimates

File No:                                  I2018/402

 

  

I move:   1.       That the Finance Advisory Committee (FAC) conduct a Public Access (Budget Estimates) meeting during the exhibition of the 2018/19 draft budget to allow for questions from members of the public on the draft budget to be addressed by the General Manager and Directors.           2.       That the objectives of the Public Access (Budget Estimates) meeting are   a)    Promote understanding of the structure and content of Council finances and budget process b)    Provide opportunity for residents to seek and receive detailed responses to questions on items in the draft budget. c)    Provide opportunity for staff and Councillors to engage with residents in an informative and open manner. d)    Encourage submissions on the draft budget during the exhibition period.   3.      That Council adopt the timing and procedure of the meeting in the ‘Proposal’ in the attached Councillor notes as the model for a Public Access (Budget Estimates) meeting.   4.      That a media release, website notice and social media engagement announce the concept of the Public Access (Budget Estimates) and similar measures are utilised with details of the arrangements for the key dates during the budget prior to the meeting at which Council adopts the draft budget for exhibition in the ’Proposal’ as set out in the attached Councillor notes.

 

 

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

Council has established a Community Solutions Panel (CSP) to inform Council and the 2018/19 budget of priorities for infrastructure spending.  A key aspect of the CSP is for panelists to be provided with and to seek detailed information on Council finances and process in forming recommendations.

 

The same principle can be applied to informing the community on finances, administration and the choices and challenges confronting Council and the community.

 

Staff have recently proposed an improved budget process for Councillors that incorporates an additional all Councillor workshop solely on the budget.

 

This is also consistent with the recent commitment by the Executive team to the Future of Local Government Declaration Key Principles as referred to and set out in another Notice of Motion to this meeting.

 

The Proposal is that the meeting be timed in line with the following budget timeframes

 

          Week 1 - Council exhibits adopted draft budget and invites submissions.

          Week 2 - Registration of questions

          Week 3 - CSP meets

          Week 4 - Submissions close

 

A meeting in week three provides residents with the opportunity of looking at the documents prior to the meeting and still have time to finalise a submission.

 

The public access meeting occur in week three of the exhibition with GM, SEE, CIS, CCS directorates rotating throughout the day.

 

          9.30 - 10.45

          11.15  - 1.00

          1.00- 2.00 Lunch

          2.00 - 3.15

          3.45 - 5.00

 

The meeting to be held in the chambers and be open to the pubic. A live social media engagement be included for publication of questions and answers.

 

Residents can register questions during week two so that staff have time to provide a response to the resident prior to the meeting, which is published. A satisfied resident may choose not to ask a question at the meeting. Those seeking clarification or to ask a supplementary question can choose to ask the question at the meeting. This should maximise the number of questions considered and provide for higher quality responses.

 

The queue for questions be determined at the end of week two by order of registrations or by ballot if the number of registrations for each directorate exceeds 10.  No more than 10 responses for each directorate to be provided at any time with the queue moving as satisfied residents opt not to progress to asking a question at the meeting. Time may prevent responses from being received by residents prior to the meeting when the queue moves beyond the first 10

 

Where more than one question is received from a resident, it may be considered once all first questions have progressed in the queue. Only one question from a resident will be included in any ballot to determine the queue.

 

Procedure at meeting with a realistic expectation of eight or more questions being answered for each directorate.

 

•     Question displayed on screens.

•     Resident has one to two minutes to put question.

•     Staff response three minutes.

•     Councillors may ask followup questions of staff.

•     Finance Advisory Committee may make recommendations to Council regarding improvements, procedure, presentation of information and any other matter that improves access to and understanding of information.

 

All questions with responses generated through the meeting procedure be published.

 

Recommended priority relative to other Delivery Plan tasks:

 

High priority in budget development and exhibition process. Improving community engagement should be a high priority.

 

Definition of the project/task:

 

Organise and deliver a Public Access (Budget Estimates) meeting of the Finance Advisory Committee as set out in the Councillor notes.

 

Source of Funds (if applicable):

 

Staff time within existing budgets

 

Staff comments by Anna Vinfield, Manager Corporate Services and James Brickley, Manager Finance, Corporate and Community Services:

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

 

Council has committed to hold a Community Solutions Panel to inform the next Delivery Program.  The panel is meeting during March (7, 10, 24, 25 March) and will provide their recommendations to Councillors on 5 2018 April at their Strategic Planning Workshop.

 

The draft Delivery Program and Budget will be presented to Council at either the 19 April 2017 Ordinary Meeting or an Extraordinary Meeting in May 2018 for endorsement for public exhibition. These documents will then be placed on public exhibition for 28 days with any submissions considered by management prior to the final Delivery Program, Operational Plan and Budget being adopted before 30 June 2018.

 

As part of public exhibition, it was proposed that an extensive communications and engagement program will be implemented to seek stakeholder and community feedback.  This would include media release, e-news, advertising, social media and your say online survey.  As part of this process a two hour community workshop after office hours could be held.

 

The workshop would provide an overview of the budget process, funding sources, key projects and provide an opportunity for questions from the community.

 

Officers consider that a 2 hour workshop would be more productive.

 

There is a Finance Advisory Committee proposed for 17 May 2018 that will have agenda items to consider in addition to the Draft 2018/2019 Budget Estimates.

 

It is also important that any process around the budget estimates is also linked to the draft Delivery and Operational Plans to ensure that the integration between these documents remain intact.

 

Financial/Resource/Legal Implications:

 

Should Council endorse a two hour workshop, limited additional staff time would be required.  Advertising expenditure could be included within existing budget allocation.

 

The proposal outlined in this Notice of Motion will require extensive staff attendance and preparation time.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes – CM2.1.2 action is to “Incorporate inclusive community consultation and stakeholder engagement in Council decision making”.

 

In addition Council’s new draft Community Strategic Plan which is currently on public exhibition includes an overarching objective that “we have community-led decision making which is open and inclusive”.

 

Notices of Motion                                                                                                                    9.5

 

 

Notice of Motion No. 9.5     Water Sensitive Urban Design

File No:                                  I2018/403

 

  

I move:   1.       That Council develop a strategy to embed and mainstream Water Sensitive Urban Design (WSUD) into Council's planning instruments and policies.   2.       That formulation of the Strategy consider fundamental changes in various development area ratios to retain pervious areas instead of increasing catchment runoff.    3.       That the changes made under this strategy on WSUD aim to:   ·        reduce flood risk in urban areas ·        improve water quality in streams, waterbodies and groundwater ·        consume less of our water resources ·        reduce the cost of providing and maintaining water and sewer infrastructure ·        protect and restore aquatic and riparian ecosystems and habitats; and ·        protect the scenic, landscape and recreational values of streams and other waterbodies.   4.       That the WSUD Strategy generates changes that:   ·        promote and encourage WSUD in urban areas ·        provide guidance and support for businesses and residents to implement WSUD ·        give incentives for the implementation of WSUD in new and existing development   5.       That progress on the WSUD Strategy be reported to each Water, Waste and Sewerage Advisory Committee and the Coastal Estuary Catchment Panel quarterly meeting, starting with their next meetings in June 2018.

 

Attachments:

 

1        South East QLD Healthy Waterways Partnership, 'Concept Design Guidelines for Water Sensitive Urban Design', E2018/18696 ⇨

2        Raingarden Factsheet, E2018/18697 ⇨

3        Ballina Shire Council Urban Stormwater Management Plan, E2018/17837 ⇨

4        Water Sensitive Designs - waterbydesign, E2018/17838 ⇨

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

The National Water Initiative defines water sensitive urban design as:

The integration of urban planning with the management, protection and conservation of the urban water cycle that ensures urban water management is sensitive to natural hydrological and ecological cycles.

Whilst some of Byron Shire Council’s policies and planning instruments refer to WSUD, there is no overall strategy that places WSUD as a priority principle in planning and development. This NoM seeks to implement WSUD as a cross-cutting issue in all aspects of planning, design and implementation in Council’s activities and in private development. WSUD policies are already in place in many Local Government Areas.

 

Byron suffers many of the negative impacts of urban development on the natural water cycle such as increased flooding, accelerated sedimentation, poor water quality in urban watercourses, degraded aquatic systems and the high cost of providing urban water infrastructure. Water sensitive design  - both in new developments and retrofitted to existing developments can help to counteract many of these impacts.

 

Often these problems have been compounded by traditional stormwater drainage practices. Traditional water supply, stormwater and wastewater practices have been largely based on centralised collection, conveyance and treatment of water flows. Whilst highly effective, these methods can also have major drawbacks, such as inefficient use of water resources, environmental degradation and rising infrastructure and maintenance costs.

 

Water Sensitive Urban Design emphasises a decentralised approach that is more attuned to natural environmental processes. It focuses on on-site collection, treatment and utilisation of water flows as part of an integrated treatment path.

Elements in this path may include:

 

§ using roof water for toilets, washing machines, garden watering or even hot water systems

§ using runoff or wastewater for irrigation

§ infiltrating stormwater to underground aquifers (in areas not affected by urban salinity hazard)

§ using specially designed landscaping to cleanse runoff and conserve water – e.g. swales, raingardens and infiltration ponds.

 

Implementing a WSUD framework will require internal Council management responsibilities that foster consideration of the whole water cycle for the full asset lifecycle.  A multidisciplinary skillset will be required to consider all natural waterways and stormwater assets – across engineering, catchment management, hydrology and drainage design, geomorphology, soils, ecology and vegetation – as well as operational know-how in construction, on-ground works and bush regeneration.

 

There is a wealth of knowledge already in existence among particular areas of Council. Additionally, many many local governments already have WSUD strategies and policies in place so the ground work is there; we just need to adapt the principles to our specific locations.

 

Staff comments by James Flockton, Flood and Drainage Engineer, Infrastructure Services:

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

 

The notice of motion as moved is supported by staff. However, the following comments and information is provided to help guide the Council in their decision making.

 

Generally WSUD design principles can be implemented through two ways. Council can use WSUD principles as part of Infrastructure renewal and upgrades projects or developers can be required to use WSUD principles as part of the development process.

 

 

 

Infrastructure Works

 

Previously staff have implemented WSUD practices into drainage design when a simple cost effective WSUD solution has been available.  However, more involved expensive solutions have been avoided for three reasons.

 

i)    Council’s capital works budget historically has involved minimal drainage funding which has resulted in an aging and failing system. Council’s current maintenance budget cannot afford to maintain the existing drainage system, let alone fund expensive WSUD improvements.

 

ii)   WSUD solutions can reduce the scope of important road reconstruction projects because a WSUD system would typically be more expensive compared to a traditional system. Unless a simple cheap solution will work into the design.

 

iii)   Council’s maintenance budget has historically had minimal drainage funding making it very difficult to maintain the existing system. WSUD systems would place further pressure on this constrained budget. WSUD systems should not be built if Council cannot afford to maintain them.

 

Infiltration and / or rain gardens are being developed where feasible.  For example the proposed upgrade to Byron Street involves a rain garden along the middle of the upgraded section of Byron Street.  This project has been delayed until 2019.

 

Infrastructure Planning always consider impervious pavements as a design solution when planning projects, however, impervious pavements has not been found to be a practical solution in a project to date.

 

Previous works that involved WSUD design principles include:

 

·    The car park upgrade to Clarkes Beach car park sends water into a central garden prior to entering a traditional drainage system.

·    The Bangalow Wetland system treats stormwater leaving the Bangalow village centre.

·    The new sunrise roundabout has a bio-retention basin.

·    The recent South Golden Beach drainage upgrades have involved the use of soakage pits in line with WSUD practices.

·    The Cavanbah Centre car park uses WSUD principles.

·    A recent drainage system upgrade between Jarrah Crescent and Inderwong Avenue removed a pipe system and replaced it with an open drain which allows more infiltration than the previous pipe system.

·    Two large bio-retention basins are planned for the Bayshore roundabout.

 

Developments

 

Over development of lots with little or no impervious areas is a major cause of Byron Bay’s drainage issues. The original drainage system was not designed to have little pervious areas in the town centre. The town centre is now 95% impervious which results in all run off being directed to an old drainage system that would have been designed with 40-50% impervious areas.

 

All new development is required either at sub-division or building development stage to install on-site detention which results in the site maintaining pre-development flows. However, in larger events these detention systems will likely be overwhelmed because they cannot feasibly be built to handle larger and prolonged events.

 

Council’s DCP 2014 includes stormwater quality and treatment outcomes, but it avoided extensive requirements for WSUD principles. The above pre-development flow, quality and treatment requirements do, however, force developers to use some WSUD practices.  The reason the DCP does not require WSUD practices is because staff felt that Council do not have the funding to maintain the WSUD systems, therefore, developers should not be forced to install them.

 

The Northern Rivers Local Government Handbook of Stormwater Drainage Design, found at https://www.byron.nsw.gov.au/Services/Building-development/Plans-maps-and-guidelines/Development-design-manuals includes discussion on WSUD in sections 1.4-1.06

 

WSUD systems are more costly to maintain for two reasons.  Firstly annual maintenance costs to keep the systems running correctly and secondly replacement of vegetation, filtration media or sub-soil drainage at 15-30 year intervals.  Typically a traditional drainage system that has been built well will require minimal maintenance annually and replacement at 80-100 year intervals.

 

The Tallowood sub-division drainage system includes some WSUD principles and more recent sub-divisions in Bangalow also use these principles.

 

It is expected that the West Byron development will include WSUD design principles.

 

Financial/Resource/Legal Implications:

 

Staff do not currently have the resources to prepare the proposed documents in house, therefore, it would need to be developed through a consultant process.  The approximate costs would be as follows:

 

Policy Development:                                 $3,000-5,000

Shire wide WSUD Plan / Strategy:           $10 - 15,000

Update DCP:                                             Nil cost if completed as part of annual update

 

Should Council adopt as moved it is recommended that a budget of $25,000 be created as part of the resolution to fund the works.

 

Additionally Council’s drainage capital works and maintenance budgets do not increase as new developments come online. The maintenance budget typically increases marginally each year and the capital works budget typically relies upon the stormwater levy to fund drainage works. The stormwater levy can only be used to provide improved stormwater services, not maintenance or renewals.

 

The stormwater levy expenditure is currently planned for the next 10 years, resolving stormwater capacity issues. WSUD principles will be used on projects where feasible.

 

Should a WSUD strategy be developed it is recommended that triggers be developed to increase drainage maintenance budgets in line with the new WSUD assets coming on line each year. i.e more assets, more maintenance funding. A drainage reserve should also be created to fund the more costly repairs to WSUD infrastructure in the longer term. This will help ensure the systems are maintained and operate as per the original design expectations.

 

Is the proposal consistent with any Delivery Program tasks?

 

No

 

Notices of Motion                                                                                                                    9.6

 

 

Notice of Motion No. 9.6     Protection and Public Access - Scarabelottis Lookout and Keyes Bridge Reserve

File No:                                  I2018/404

 

  

I move:   1.       That Council facilitate a meeting to discuss with residents, interested community groups and adjacent landowners the development of a protection and access plan for Scarabelottis Lookout at Coorabell and Keyes Bridge Reserve at Federal.   2.       That discussions of possible actions include;             a)  Community driven education, signage and social media engagement to inform                visitors of the environmental and cultural values of each site.           b)  Increased compliance by rangers to deter illegal camping.           c)  Consideration by Local Traffic Committee of signage to limit roadside parking                and ensure public safety.           d)  Restricting vehicular access to the sites.           e)  Not allowing dogs and other domestic animals to be taken onto the sites.           f)   Other.   3.       That in recognition of the high demands and impacts on the Keyes Bridge Reserve            and adjoining private land over the Christmas/New Year holiday period and as an           interim measure, rocks be safely placed in the road reserve to restrict vehicular           access prior to Easter and until a sustainable solution to management of the site is           determined and implemented.

 

 

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

In recent times the environment at Scarabelottis Lookout, Keyes Bridge Reserve and surrounding private land has suffered from an unsustainable increase in visitor numbers.

 

Illegal camping, rubbish, dogs, traffic and disrespect of public and private space has impacted on both sites and created tensions between residents, adjacent landholders and visitors.

 

At Keyes Bridge the reserve fronts the Wilsons River and has been used as a swimming hole by local residents for decades.  Wilsons River is part of the regional drinking water catchment.

 

Social media promotion of these sites as ‘free camping’ and ‘best’ swimming hole have contributed to the high level of visitation and environmental impacts.

 

Both sites have a long history of being highly valued and regularly used by residents and visitors. The old travelling stock reserve at Keyes Bridge has been under local community control and care for a number of years and has been regenerated with rainforest as well as being the site for an Eastern Cod recovery project.

 

Recently, large boulders were placed over the Scarabelottis Lookout entrance to restrict vehicular access following high impacts from large numbers of illegal campers over the summer holiday period.  These have now been removed, apparently by locals who wish to retain access to the lookout.

 

At Keyes Bridge, local landowners with the reluctant support of the Federal Community Association placed large boulders on the road reserve to similarly restrict vehicular access and reduce impacts. These boulders have now been removed by Council and residents and landowners fear a return to unsustainable visitor numbers at Easter.

 

The suggested actions in this Notice of Motion are put forward for consideration as to how impacts on the sites can be managed and a sustainable community driven protection and access plan can be developed.

 

Recommended priority relative to other Delivery Plan tasks:

 

If supported, placement of boulders in the road reserve at Keyes bridge to completed prior to Easter. 

 

Definition of the project/task:

 

Facilitate meeting to develop an access and protection plan for the sites. Consideration of suggested actions as determined at the meeting.

 

Source of Funds (if applicable):

 

Within existing budgets

 

Staff comments by Phil Warner, Acting Director Infrastructure Services:

 

The requirements detailed in points 1 and 2 could be the subject of a cross directorate report to Council. The report would examine a range of matters including land matters, stakeholder assessment, history, program and budget.

 

The viability of point 3, in the context of available budget this financial year, is still being assessed.

 

 

Financial/Resource/Legal Implications:

 

As detailed above.

 

 

Is the proposal consistent with any Delivery Program tasks?

 

There is no specific Delivery Program task pertaining to this matter.

 

Notices of Motion                                                                                                                    9.7

 

 

Notice of Motion No. 9.7     Poker Machines in the Byron Shire

File No:                                  I2018/409

 

  

That Council:   1.      Write to the new owners of The Beach Hotel endorsing their deliberate decision to remove poker machines from their venue to improve the wellbeing of the Byron Shire community and set a precedent for other venues across Australia to follow. 2.      Write to all remaining poker machine venues in Byron Shire opening a dialogue to gauge their interests in pursuing a similar strategy to divest their poker machines and offering Council support if they wish to investigate alternative business models. 3.      Undertake a review of Council’s potential interests and involvements with poker machines by researching:   i)          council investments with regard to the Ethical Investment Policy; ii)         any council or crown land leases that may involve poker machine venues; and iii)        planning controls that may be available (or potentially available) for limiting the use of poker machines within the shire.   4.      Prepare a report for the May Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines.

 

 

 

 

Signed:   Cr Paul Spooner

 

Councillor’s supporting information:

 

By supporting this motion Councillors have a real opportunity to take a stand against the ever increasing harm being caused by poker machines in the Byron Shire.

 

Byron Shire

 

•  Number of machines:  429 (271 in Clubs, 158 in pubs)

•  This equates to 1 machine per 62.24 adults (based on 26,700 adults 20 or above)

•  Losses in Byron Shire:  $12.5M per year, $34,246 per day

 

National & NSW

 

•  Number of machines: 195,000 in Australia, 95,000 in NSW

•  Total gambling losses: $23B nationally, $12B nationally on poker machines in clubs and pubs alone, $6.1B in NSW on pokies in clubs and pubs alone (and rising – NSW treasury forecasts an increase in tax revenue)

•  20% of the worlds pokies in Australia, 10% of the world’s pokies in NSW

•  76% of the world’s pokies outside of casinos

 

Impacts

 

•  30% of people who use machines regularly become addicted to a ‘moderate’ or ‘severe’ level (on the Problem Gambling Severity Index)

•  40% of revenue comes from those with a ‘severe’ level and a further 20% from the ‘moderate’ level (meaning 60% of revenue comes from significant levels of problematic gambling)

•  Harm still occurs at the ‘low’ level – there is a spectrum of harm (research is about to be released to measure the harm at all levels of poker machine gambling)

•  For every person with a gambling problem, 5-10 others are affected (family members, friends)

•  Which means up to five million people are impacted at any point in time

•  86% of people who commit fraud related crime related to gambling are first time offenders who would not have found their way into the criminal justice system otherwise

•  There is a correlation between gambling and family violence (postcodes with higher number of machines report higher incidents of family violence)

•  Tasmania social and economic impact study found a 14% decline in employment in pubs in the 3 years after pokies were introduced.  It also found that for every dollar lost on pokies, 65 cents was lost for competing businesses (65 cents in every dollar redirected from other businesses to pokies)

•  A study found that 1 in 4 people presenting to a Melbourne hospital (Alfred Hospital) for attempted suicide were people with a poker machine addiction

•  The productivity commission in 2010 estimated 400 suicides per year as a result of gambling (gambler or impacted other/partner) 

•  Prior to the introduction of poker machines in Australia, women represented 10% of people with a gambling problem, which rose to 40-60% after the introduction.  90% of them were due to poker machines.

 

(Note: I wish to acknowledge this information has been provided by both the Impact Investment Group and the Alliance for Gambling Reform).

 

A comprehensive Gambling Policy to Reduce the Harm in the Byron Shire to consider:

 

•  Statement on Council position and aspiration on poker machines in the Shire

•  Internal Council resourcing specifically related to gambling (eg. Committee on Gambling Harm Reduction)

•  Council's position on submissions and advocacy (e.g. advocating for state reform, making submissions on applications, support for neighbouring Councils, advocating for returning decision making on new venue applications to Council for impacts of gambling harm or right to veto)

•  Actions as landlord (e.g. will not support (new) sporting clubs or any operator from operating/increasing electronic gaming machines on council owned or managed land)

•  Alternative entertainment - promote alternative entertainment so as to remove pathways to gambling venues

•  Council position on provision of essential services – e.g. emergency evacuation, child care, aged care and disability care being provided by poker machine venues/clubs

•  Alternate revenue - encourage electronic gaming machine venues to seek alternative sources of revenue

•  Support for services and harm minimisation strategies

 

 

Staff comments by Sarah Ford, Manager Community Development, Corporate and Community Services:

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

 

Council Staff will write to the owners of The Beach Hotel on behalf of Council to endorse their deliberate decision to remove poker machines from their venue to improve the wellbeing of the Byron Shire community and set a precedent for other venues across Australia to follow.

 

While it is not considered appropriate for staff to provide direct business support to organisations in relation to commercial business models, Council staff will write to remaining poker machine venues within the Shire to encourage industry dialogue in relation to divestment of poker machines within the Shire.

 

Staff recognise the social, emotional and economic impacts of problem gambling within the community. While no venues offering poker machines operate on Council owned or managed land, staff will undertake research with local and regional organisations to develop a clearer understanding of the impacts within the Shire from poker machines. Data collected will be used to advocate for targeted programs of support for people affected by gambling and their families.

 

Staff will provide an update on the actions as outlined to the May 2018 Ordinary Meeting of Council. 

 

Financial/Resource/Legal Implications:

 

It is currently expected the work requirements should this Notice of Motion be adopted will be met from existing budgets.

 

Is the proposal consistent with any Delivery Program tasks?

 

Potentially yes.

 

Strategy SC1.3 Research, analyse, update and distribute information regarding the Byron Shire’s community needs.

  

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 28 February 2018

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2018/338

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 and Attachment (E2018/15209)

 

Attachments:

 

1        Byron Shire Council Submissions and Grants as at 28 February 2018, E2018/15209 ⇨

 

 

 

Report

 

This report provides an update on grant submissions including funding applications submitted and new potential funding opportunities.

 

Funding Applications – Unsuccessful

 

·    Byron Bay Town Centre Bypass, Commonwealth, Regional Jobs and Investment Packages - $8,000,000

 

Applications Submitted

 

·    Byron Virtual Reality Walking Tour, NSW Heritage Near Me – Strategic Projects

·    The Fit-out of the Rural Fire Service Building, Mullumbimby, NSW Liquor and Gaming Infrastructure Grants

 

Additional information on the grant submissions made and/or pending is provided in Attachment 1 – Submissions and Grants report as at 28 February 2018.

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $19 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	19,980,350
Council cash contribution	10,406,523
Council in-kind Contribution	394,280
Other contributions	17,329,960
Funding applications submitted and awaiting notification (total project value)	48,111,113

 

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.

 

 

  

Staff Reports - General Manager                                                                                 13.1

 

 

Staff Reports - General Manager

 

Report No. 13.1           Byron Bay Town Centre Masterplan Leadership Team 2018

Directorate:                 General Manager

Report Author:           Claire McGarry, Place Manager - Byron Bay

File No:                        I2018/6

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

In December 2016, Council established a Leadership Team to provide advice and direction on the delivery of the Byron Bay Town Centre Master Plan (BBTCMP). This group have been working with the Mayor, Councillors and Council staff for 12 months on the implementation of the BBTCMP. In February 2018, Council resolved to review the role and composition of the Team.  This report details the background of the Team, reviews its role and composition and proposes a framework for the Team’s operations for its next term.

 

  

RECOMMENDATION: 1.  That Council adopt the Draft Charter for the Byron Master Plan Guidance Group.   2.  That all BBTCMP Leadership Team members be thanked for their input over the past 12 months and invited remain on the Byron Master Plan Guidance Group for its next term.   3.  That additional members be appointed as per the group charter to replace any vacating members.   4.  That up to three Councillors are nominated as members of the Guidance Group in addition to community members.

 

Attachments:

 

1        Charter - Byron Masterplan Guidance Group, E2018/19664 ⇨

 

 

 

Report

 

Background

 

At 27 October 2016 Council meeting, Council resolved:

 

16-555 Resolved:

1.       That Council establish a Leadership Team in the form of a Project Reference Group for a period of 12 months:

·     To provide advice and direction on the delivery of the BBTCMP actions;

·     To identify and actively facilitate, where appropriate, opportunities for partnerships and community collaboration;

·     To provide oversight on the timely delivery of actions that are responsive to community needs, acknowledging that the actions of the BBTCMP are flexible and adaptable.

2.       Endorse the ‘Terms of Reference’ for the Leadership Team as provided for in the report.

3.       That the Leadership Team be comprised of the Mayor, up to 3 Councillors, General Manager or delegate and up to 15 community members to be selected by a direct appointment and or EOI process.

4.       Staff progress the Leadership Team membership selection process as per 3 above, and report back the outcome to Council on this at the December Ordinary meeting.

 

At 19 December 2016 meeting, Council resolved:

 

16-682 Resolved: That the following community members be nominated to the Byron Bay Town Centre Masterplan Leadership Team selected from the respondents at Confidential Attachment 1 (#E2016/103435).

 

Helen Buckley

Gary Chigwidden

Anne Leitch

Gail Fuller

Byron Rogers

Fleur Verschure

Meredith Wray

Vicki Henricks

Mono Stewart

David Michie

Peggy O'Neill

Troy Eady

Greg Meek

Chris Hanley

Kirra Pendergast

Dan Schreiber

Donald Maughan

Graham Dunn

Mary Gardner

Geoff Bensley

Tony Gembeck

Charlie Wilson

 

2.       That all Councillors are invited to attend meetings of the Byron Bay Town Centre Masterplan Leadership Team.

 

3.       That the unsuccessful applicants be notified and requested to apply for working groups within the Masterplan process.

 

At 1 February 2018 meeting, Council resolved (in part) :

 

Res 18-027    Review the role and composition of established Town Centre Master Plan Leadership/Guidance Groups so as to ensure that the deliberative principles inherent in guiding the role and participants of the Citizen Jury concept are consistently applied and adopted in Council’s community engagement.

 

Feedback on the initial 12 months

 

As per Resolution 18-027, the Leadership Team met on 3 January and 21 February 2018 to review the role and composition of the group. The discussion informed this report and the attached Draft Charter. The below information reflects the feedback provided during these meetings.

 

While Council initially resolved to establish the team as a Project Reference Group (PRG), it did not function within the normal parameters of a Council PRG. In the second half of 2017 there was evident confusion regarding the function of the Team, and a breakdown in communication channels between Council and the Team. It is recommended that in 2018 the group is re-established as a Guidance Group with an adopted Charter which articulates the group’s role and sets clear parameters on its operations to ensure clarity and transparency.

 

Additional feedback from the Team has been incorporated into the Draft Charter, and includes:

 

·   A roll-over clause is needed to ensure existing members can remain on the group if they want to and historical knowledge is retained

·   The frequency and timing of meetings should align with  Council’s meeting schedule to ensure the group’s recommendations inform Council decision-making

·   An executive should be appointed and minutes officially taken and published

·   A clear communication channel is needed between Council staff, Councillors and the Team

·   The Place Manager role is critical to the functioning of this group and coordination across Council project teams

·   The Team should be notified of any projects happening within the town centre

·   A minimum quorum (half + 1) is required for meetings – the group can actively recruit additional members if a quorum is not being met regularly

·   A 2 year term for the group (and reviewed with the appointment of a new Councnil), with an understanding that the group can recruit and appoint up to 4 members to replace vacating members at any stage. Any additional members (over and above 4) to be recruited will be done by Council through an Expression of Interest process.

 

Group feedback highlights that while some Citizen Jury principles (such as ensuring a diversity of interests and a mix of representatives of the community) are applicable and will be incorporated into this group, the Citizen Jury model is not the best model for this Guidance Group who have been intentionally selected because of the skills and knowledge they bring to the Masterplan implementation and their ability to represent key stakeholders within the community. Additionally, the Citizen Jury model is best suited to a single question or problem for a group to address within a set timeframe. The complexity and diversity of projects within the Masterplan require a dedicated group working collaboratively over a long period with Council to ensure consistency across all elements of the implementation.

 

The Guidance Group members were previously and will be selected based on their skills-base, and the knowledge and expertise they can bring to the project. Specifically, representatives of the following groups will be actively sought:

 

·    Residents / progress association member

·    Indigenous community representative

·    Community service provider / centre

·    Chamber of commerce member / town centre business owner

·    Local developer / developer’s representative

·    Tourism industry

·    Artist / creative

·    Local architect, landscape architect or urban planner

·    Sustainability / landcare / environmental group member

·    Seniors 65+ representative

·    Youth representative / youth worker / student union representative

·    Historical society member

·    School and preschool principal / representative

·    Parents of school aged children

·    Sporting group

·    Local community club (eg RSL, bowling club)

 

It is envisaged that Guidance Group Charters for the future implementation phase of other Place Plans (including the Bangalow Village Plan and Mullumbimby Masterplan) will be tailored to fit the uniqueness of each town and Guidance Group, using the fundamental framework of the BBTCMP Charter as a guide for preparation.

 

Recommendation

 

Staff recommend:

 

1.   That Council adopt the Draft Charter for the Byron Master Plan Guidance Group.

 

2.   That all BBTCMP Leadership Team members be thanked for their input over the past 12 months and invited remain on the Byron Master Plan Guidance Group for the next term.

 

3.   That additional members are appointed as per the group charter to replace any vacating members.

 

4.   That up to three Councillors are nominated as members of the Guidance Group in addition to community members.

 

Financial Implications

 

A small budget will be required to cater for 12 meetings, room hire and other associated costs for operating the Guidance Group. A small budget allocation for future community engagement activities would also be required.

 

It is recommended that a budget of $10,000 be allocated to the activities of this group in the next quarterly review process.

 

Statutory and Policy Compliance Implications

 

Guide to Operations – Advisory Committees and Panels

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Report of the Communications Panel Meeting held on 14 September 2017 14 September 2017

Directorate:                 General Manager

Report Author:           Annie Lewis, Media and Communications Coordinator

File No:                        I2018/271

Theme:                         Corporate Management

                                      Governance Services

 

Summary:

 

This report provides the minutes and recommendations of the Communications Panel Meeting held on 14 September 2017 for determination by Council.

  

RECOMMENDATION: 1.       That Council note the minutes of the Communications Panel Meeting held on 14 September 2017.

 

 

2.       That Council adopt the following Committee Recommendations:   Report No. 4.1   Draft Emergency Communications Plan File No: I2017/1285   Committee Recommendation 4.1.1 1.  The Communications Panel recommends the following additions be made to the Draft Emergency Communications Plan:   ·  Signage and the website will reflect any delays in projects due to the emergency event. (p11) ·  The Purpose of the document be amended to include.  “...; to support and inform the community, to provide reliable information and ensure effective communication channels are established and maintained”. (p.4) ·  Change the cover of the Draft Emergency Communications Plan to better reflect the purpose of the document. ·  The Mayor and Councillors be added to the key personnel. (p.6) ·  Prepare – prior to emergency event – the after-hours phone message to be updated ·  Action 1 to include reference to the ABC radio as the Emergency Broadcaster and details of local Emergency Services such as the SES, RFS. (p.7) ·  Response – Actions 1 & 2 to include reference to the ABC radio as the Emergency Services broadcaster. 2.  That the draft Plan be sent to ET for approval before being discussed again by the Communications Panel.   3.  That the draft plan be on the agenda for the October 2017 meeting.                                                                                                                                      (Ndiaye/Coorey)

 

 

 

Attachments:

 

1        Minutes 14/09/2017 Communications Panel, I2017/1324 ⇨

 

 

 

Report

 

The attachment to this report provides the minutes of the   Meeting of   for determination by Council.  The agenda for this meeting can be located on Council’s website at:

http://byron.infocouncil.biz/Open/2017/09/COM_14092017_AGN_638_AT_WEB.htm

 

Financial Implications

 

As per the Reports listed within the Communications Panel Meeting of 14 September 2017.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Communications Panel Meeting of 14 September 2017.

 

Staff Reports - General Manager                                                                                 13.3

 

 

Report No. 13.3           Report of the Communications Panel Meeting held on 13 February 2018 13 February 2018

Directorate:                 General Manager

Report Author:           Annie Lewis, Media and Communications Coordinator

File No:                        I2018/368

Theme:                         Corporate Management

                                      Governance Services

 

Summary:

 

This report provides the minutes and recommendations of the Communications Panel Meeting held on 13 February 2018 for determination by Council.

 

  

RECOMMENDATION: 1.       That Council note the minutes of the Communications Panel Meeting held on 13 February 2018.

 

 

2.       That Council adopt the following Committee Recommendations:   Report No. 4.1   Communication and Engagement Plan - Railway Precinct Projects File No: I2018/87   RECOMMENDATION: That the Communications Panel:   1.  Note the Communication and Engagement Plan – Railway Precinct Projects. 2.  That the project manager (Claire McGarry) provide fortnightly updates to Councillors on the Railway Precinct projects.                                                                                                         (Richardson/Ndiaye)

 

3.       That Council adopt the following Committee Recommendation:   Report No. 4.2   Mullumbimby Hospital Project Reference Group  - Draft Engagement Plan File No: I2018/69   RECOMMENDATION: That the Communication Panel note the Draft Engagement Plan (#E2017/101939).                                                                                                                             (Martin/Coorey)

 

4.       That Council adopt the following Committee Recommendations:   Report No. 4.3   Draft Communication Plans for several Environmental and Economic Planning Projects File No: I2018/93   RECOMMENDATION: That the Communications Panel consider the following projects Communication Plans: •    Emissions Reduction Strategy •    Byron Bay Town Centre Review of Planning Controls – Pre-Gateway Consultation      The Communications Panel recommends that a strategic planning workshop involving all Councillors be held prior to the Council meeting scheduled for 22 March 2018. •    Rural Event Sites – Pre-Gateway Consultation •    Coastal Zone Management Plan for the Eastern Precincts of the Byron Bay Embayment                                                                                                                            (Ndiaye/Coorey)

 

 

 

Attachments:

 

1        Minutes 13/02/2018 Communications Panel Extraordinary, I2018/218 ⇨

 

 

 

Report

 

The attachment to this report provides the minutes of the   Meeting of   for determination by Council.  The agenda for this meeting can be located on Council’s website at:

 

http://byron.infocouncil.biz/Open/2017/09/COM_14092017_AGN_638_AT.PDF

 

Financial Implications

 

As per the Reports listed within the Communications Panel Meeting of 13 February 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Communications Panel Meeting of 13 February 2018.

 

  

Staff Reports - Corporate and Community Services                                          13.4

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.4           Draft Policy: Community Iniaitives Policy (Section 356) following period of public exhibition

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/98

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

The purpose of this report is to report back to Council following the period of public exhibition for the Draft Policy: Community Initiatives Program (Section 356).

 

  

RECOMMENDATION: 1.       That Council adopt the Policy: Community Initiatives Program (Section 356) which           incorporates feedback from submissions following the public exhibition period.   2.       That Council commence the call for applications under the new Community Initiatives           Program (Section 356) Policy as soon as practicable.

 

Attachments:

 

1        Draft Policy Community Initiatives Program~rating feedback from public exhibition period - attachment to report to Council, E2018/19670 ⇨

 

 

 

Report

 

Council considered a report at the 23 November 2017 ordinary meeting detailing a review of the how Council manages the Section 356 donations and a review of the policies associated with this activity. Council were presented with a Draft Policy: Community Initiatives Policy (Section 356).

 

Council resolved (17-561):

 

1.   That the draft Community Initiatives Program (Section 356) 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 draft Community Initiatives Program (Section 356) Policy, that those submissions be reported back to Council prior to the adoption of the policy;

 

b)   that no submissions are received on the draft Community Initiatives Program (Section 356) Policy, that the Policy be adopted and incorporated into Council’s Policy Register.

 

3.   That the contents of the accompanying Community Initiatives Program Guidelines be noted.

 

4.   That In the event that no submissions are received and the Community Initiatives Program (Section 356) Policy is adopted, that advertising commence in January 2018 to call for applications to the new Program for the 2017/18 financial year.

 

A submission was received during the public exhibition period with details outlined below. A revised Draft Policy: Community Initiatives Program (Section 356) is attached to this report.

 

Submission	Submission details	Recommended changes to the Draft Policy
1.   Australian Indonesia Arts Alliance	1.   Request that Council ensure that the S356 fund 2017/18 be fully allocated to the community regardless of the policy document process having delayed the application process until now.   2.   Statement 4 states that "Council will only make one donation to any organisation within one year, all proposed projects should be included on one application form ". I would ask that some flexibility be added as our organisation AIAA has been requested to auspice and provide support to other ethnic / multicultural groups as there are no other organisations currently incorporated for this purpose in Byron Shire. AIAA has been acting as an umbrella to other groups and the multicultural community in general and this policy may unfairly impact on AIAA's ability to seek funding for its own activities separate to the needs of other ethnic and multicultural groups.     3.   Clause 4.2 Eligible activities states “Council will not approve financial assistance for: a)   Community initiatives or events that generate financial profits for commercial companies and/or individuals;” Small festivals and other community events may also include stalls that are profit making - such as food stalls so please change the wording to allow for this.   4.   Clause 4.2 - Applications for Reimbursement of Council fees. I would ask that this be changed as it is the case with small organisations such as ours do not have the funds to pay up front and then be reimbursed later in the year. So please change this policy so that community organisations can apply to waive Council fees as is currently the case.	1.   This request is not related to the Policy but is a request to Council to fully expend the 2017/18 S356 budget.   2.   The Policy has been amended to make it clearer that funding is related to who is managing the project, rather than the organisation, as follows: “All applicants must complete a Community Initiatives Program application form. Council will only make one donation any organisation each financial year, for projects owned and managed by that organisation. If an organisation has multiple projects or events, all proposed projects should be included on one application form. If an organisation is auspicing a project for an unincorporated organisation (or groups of individuals), this will not be considered an application from the organisation for the purposes of this clause.”   3.   In the example provided, the stalls are making any profits (and paying a fee to the event organiser), it is not the event which is making the profit. Many events would not be possible without this kind of activity to assist in funding the event. This is not the intent of the statement, rather that commercial events will not be approved for financial assistance from Council.   4.   The Policy states “Applications for reimbursement of Council fees and charges will be considered retrospectively for fees paid within the previous 12 months. …Note: fees must be paid in full by the applicant/ community group at the time of lodgement of the required forms to Council and will only be considered if the activity applied for is approved.” This statement is a direct copy from the Policy 12/011 which was adopted in 2012 and has been the case since 2012.

 

Financial Implications

 

Council’s budget allocation for Section 356 unallocated funds include:

 

Donations to Community Organisations, Other Groups and Persons	$36,200
Assistance for Festivals and Community Functions	$7,000
Donations to Community Groups – Reimbursement of Council Application Fees	$2,000
Sub-Total	$45,200
Resolution 17-381*	-$3,000
TOTAL unallocated amount for 2017/18	$42,200

 

*Resolution 17-381 in part states: “Allocate $3,000 of Council’s Community Development Program’s unallocated S356 donations in the 2017/18 budget to support international relations”.

 

 

Statutory and Policy Compliance Implications

 

Section 356 under the Local Government Act.

 

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Proposed Amendments to Council's Code of Meeting Practice

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Counsel

David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/237

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

The Office of Local Government (OLG) is consulting with Councils and other stakeholders on the new Model Code of Meeting Practice for Local Councils in NSW (draft Code). Once this is finalised, it will replace the meeting rules currently prescribed in the Local Government (General) Regulation 2005 . Finalisation and implementation are not expected for some time.

 

 On 8 February 2018 a workshop was held with Councillors in relation to the draft Code.

 

Part of the workshop focused on that part of the draft Code which dealt with public forums. The draft Code provides that a public forum would be an entity separate to a meeting of Council and that the public forum would not form part of the agenda of a meeting of Council.

 

Councillors were not in favour of that part of the draft Code and instructed staff to make a submission accordingly. However, Councillors indicated that staff should consider, and submit to Council, proposed amendments to the provisions of Council’s Code of Meeting Practice dealing with Public Access.

 

Councillors also requested staff to consider, and to submit to Council, proposed amendments to the provisions of Council’s Code of Meeting Practice dealing with Public Questions and submissions.

 

 

  

RECOMMENDATION: 1.   That the draft amendments to Clause 22 and Schedule A of the Code of Meeting Practice be placed on public exhibition for a period of 28 days.   2.   That in the event:   a)   that any submissions are received on the draft amendments to Clause 22 and Schedule A of the Code of Meeting Practice those submissions be reported back to Council prior to the adoption of the amended Code;   b)   that no submissions are received on the draft amendments to Clause 22 and Schedule A of the Code of Meeting Practice the amendments be adopted and incorporated into the Code and that the amended Code be incorporated into Council’s Policy Register.

 

Attachments:

 

1        Clause 22 in the form it would appear if all proposed amendments were accepted , E2018/16039 ⇨

 

 

 

Report

 

Preamble

 

The Australasian LG Performance Excellence Program FY17 report found that South Australian councils tend to have longer meetings, spending a median of 146 minutes (2.4 hours). In comparison, New South Wales councils spend a median of 120 minutes, (down from 139 minutes in the prior year). Western Australian councils show an increase in meeting duration - 105 minutes (1.9 hours), up from 82 minutes in the previous year.

 

The report went on to state that:

 

For Councillors to make effective and informed decisions on policy settings, as well as council strategy, they require timely and succinct information prior to the meeting, clear agendas, and adequate time devoted to each element of the agenda to enable proper consideration of the issues.

 

The recommended amendments to Public Access will not bring the length of Council meetings to the median times referred to above. That is not the intention.

 

The amendments recommended are intended to create time to enable Council to devote the requisite attention to the items on the agenda (as it presently does), whilst at the same time preserving the ability of the community to have input into those items and to other issues before Council, and to achieve both within the framework of a more time efficient meeting.

 

Background

 

Amendments made to the Local Government Act 1993 in August 2017 by the Local Government Amendment (Governance and Planning) Act 2016 provide for a model code of meeting practice to be prescribed by regulation.

 

The Office of Local Government is consulting with councils and other stakeholders on the new Model Code of Meeting Practice for Local Councils in NSW (draft Code). Once this is finalised, it will replace the meeting rules currently prescribed in the Local Government (General) Regulation 2005 (the Regulation).

 

The draft Code has been designed to achieve a range of outcomes, namely:

·      promoting, as the principal object of meetings, the making of decisions by the governing bodies of Councils that are in the best interests of the Council and the community as a whole

·      promoting more accessible, orderly, effective and efficient meetings and to provide Councils with the tools to achieve these outcomes

·      prescribing principles to inform the way in which meetings are conducted and to prescribe meeting rules that are consistent with these principles

·      codifying areas of common practice across Councils in a way that is clear, efficient, leads to better informed and more effective decision making and that is consistent with the requirements of the Act

·      promoting greater consistency between Councils across the state in key areas of meetings practice without losing the ability to allow some variation in practice to meet local needs or expectations

·      allowing greater flexibility in the conduct of meetings to accommodate a range of potential scenarios that are not addressed by the current meeting rules

·      simplifying the language currently used to make the prescribed meeting rules more accessible and easier to understand

·      modernising the rules to accommodate current and emerging technologies (e.g. electronic notice, electronic voting systems and webcasting).

 

On 8 February 2018 a workshop was held with Councillors in relation to the draft Code. Part of that workshop focused on that part of the draft Code which dealt with public forums. The draft Code provides that a public forum would be an entity separate to a meeting of Council and that the public forum would not form part of the agenda of a meeting of Council.

 

Councillors were not in favour of that part of the draft Code and instructed staff to make a submission accordingly. However, Councillors indicated that staff should consider, and submit to Council, proposed amendments to the provisions of Council’s Code of Meeting Practice dealing with Public Access.

 

Councillors also requested staff to consider, and to submit to Council, proposed amendments to the provisions of Council’s Code of Meeting Practice dealing with Public Questions and submissions.

 

Public Access

 

The purpose of Public Access is to raise issues with the Council and present ideas and is not a method of community consultation.

 

Public Access is presently addressed in clause 22 of Council’s Code of Meeting Practice and in Schedule A thereof.

 

22. PUBLIC ACCESS

 

22.1   The first hour of each meeting will be allocated to Public Access to allow people to make submissions on matters listed on the Agenda for that meeting.

 

22.2   If, after all scheduled submissions on items on the Agenda, time remains within the first hour of the meeting, at the discretion of the Chairperson the meeting can commence or the Public Access session can continue for submissions on items that are not on the Agenda.

 

22.3   It is possible that not all requests to make submissions on items on the Agenda will always be able to be accommodated within the Public Access part of the meeting. Members of the public are encouraged to make their submissions in writing before the Council meeting in case there is insufficient time on the day of the meeting to accommodate all requests for Public Access.

 

22.4   A motion to extend the Public Access part of the meeting for an extra 30mins for scheduled submissions on items on the Agenda for that meeting may be considered by Council.

 

22.5   Only one Procedural Motion for extension to the Public Access part of the meeting for submissions on items on that Agenda may be considered at a meeting. In circumstances deemed by the Chairperson to be exceptional, additional extensions may be considered.

 

22.6   A motion to extend the Public Access part of the meeting is a Procedural Motion.  It must be proposed and need not be seconded.

 

22.7   The Chairperson shall give precedence to the Procedural Motion.

 

22.8   No debate or amendments shall be permitted on the Procedural Motion.

 

22.9   If a Procedural Motion to extend the Public Access part of the meeting is not supported by the majority of Councillors entitled to vote on it then it may not be re-introduced.

 

 

 

 

SCHEDULE A

 

*Public Access relating to items on this Agenda, general submissions or questions to Councillors can be made between 9.00am and 10:00am on the day of the meeting, an extension of 15 minutes may be permitted if resolved by Council.

 

1.       Public Access on an item on the Agenda:  People wanting to speak to items on the Agenda will be listed for public access in the same order the items appear on the Agenda.  People can request up to three speeches each with additional speeches by the same organisation/speaker being accommodated if time permits. Requests must make clear whether the speaker is speaking generally in favour of, or against the recommended action(s). Time allowed is five minutes for and five minutes against each item.  If there is more than one speaker the time allocated is to be shared. 

 

2.       Representations by members of the public under Section 10A(4) of the Local Government Act, regarding a recommendation for the closure of a part of meeting for the consideration of a confidential item/s, will be included as a Public Access matter on the related item listed in the Agenda.  Members of the public may address the meeting on the closure.  Time allowed is five minutes per item.

 

3.       Submissions from members of the public:  Time allowed is two minutes per submission.  A person is only permitted one submission per meeting.

 

4.       Questions from members of the public to Councillors.  Time allowed is one minute per question and one question per meeting.

Note: Questions are to be on current agenda items or current issues before Council.

 

5.       Councillors may ask questions of people speaking to items on the Agenda, making a submission or asking a question.

 

6.       Responses to questions not provide at the meeting but taken on notice will be tabled in the next agenda papers.

 

What both clause 22.1 and the preamble to Annexure A make clear is that Public Access is intended to occupy the first hour only of Council’s Ordinary Meeting.

 

The following table sets out the duration of Public Access during the present Council term. It also includes the breakdown of items included in Public Access.

 

The column “Public Access duration” shows that of the 18 hours which the Code of Meeting Practice allocates to Public Access it has, in fact, occupied 25.7 hours. An overrun of almost 8 hours is akin to one extra meeting attended by Councillors in its term to date.

 

The column “Agenda items f/a” reflects the number of agenda items on which presentations were made. The figure in brackets next to that number represents the number of speakers who registered to speak.

 

The figures in the column “multiple speakers and number of items” represents the number of speakers who registered to speak on multiple items in for or against agenda items e.g. on 23/11/2017 one person registered to speak on two items, another on three items and another on three items.

 

The figures in the columns “Questions” and “Submissions” represent the number of questions and submissions included in Public Access.

 

A consistent pattern has been emerging for almost 12 months where individuals register to speak on multiple items in Agenda f/a and also register to ask a question/s and also to make a submission/s.

 

The figure in brackets in the columns “Questions” and “Submissions” indicates the number of questions or submissions asked by a person who was a multiple speaker on agenda items.

 

Meeting Date	Starting Time	Public Access duration	Agenda items f/a	Multiple speakers and number of items	Questions	Submissions
6/10/2016	9.00am	58 mins	5 (7)	0	0	0
27/10/2016	9.00am	40 mins	3 (4)	0	1	1
17/11/2016	9.00am	1 hr 11 mins	5 (9)	0	0	0
15/12/2016	9.00am	1 hr 47 mins	10 (21)	0	0	0
02/02/2017	9.00am	38 mins	4 (6)	1x2	1	2
23/02/2017	4.00pm	40 mins	4 (7)	1x2	2	2
23/03/2017	9.00am	1 hr 47 mins	7 (13)	0	0	0
20/04/2017	9.00am	1 hr 30 mins	8 (12)	1x5	2 (1)	1
25/05/2017	9.00am	1 hr 37 mins	7 (12)	1x2	3 (1)	3
22/06/2017	9.00am	1 hr 37 mins	10 (13)	1x2;1x3	2 (1)	3 (1)
03/08/2017	9.00am	1 hr 9 mins	7 (8)	1x2;1x3	6 (2)	5 (2)
24/08/2017	4.00pm	46 mins	9 (10)	1x3;1x5	3 (2)	4 (2)
21/09/2017	9.00am	1 hr 47 mins	15 (20)	1x4;1x7	6 (2)	2 (2)
26/10/2017	9.00am	1 hr 54 mins	13 (29)	1x3;1x4	4 (2)	3 (1)
23/11/2017	9.00am	3 hr 3 mins	22 (35)	1x2;1x3;1x3	7 (2)	1(1)
14/12/2017	9.00am	2 hr 1 mins	16 (13)	1x3;1x3	4 (2)	5 (2)
1/02/2018	9.00am	1 hr	15 (16)	1x3;1x7	5 (2)	4 (1)
22/02/2018	4.00pm	1 hr 37 mins	11 (16)	1x2;1x2	4	3 (1)

 

Clauses 22.2 and 22.3 and clauses 3 and 4 of Annexure A deal with submissions and public questions.

 

A strict application of the Code of Meeting Practice would see submissions and public questions not dealt with if speeches for/against items in the agenda were to occupy the first hour of a Council meeting.

 

Assuming that Council wishes to retain submissions and public questions as part of Public Access and also wishes to have Public Access consume about the one hour provided in the Code of Meeting Practice, the time consumed by speeches for/against items in the agenda needs to be addressed.

 

Clause 1 of Annexure A provides that people can request up to 3 speeches each with additional speakers by the same organisation/speaker being accommodated if time permits.

 

The effect of that is that one person can occupy 15 minutes (one quarter) of Public Access time on  speeches for/against items on the agenda. This assumes that the person is not sharing 5 minutes with another speaker on the topic. It also assumes that the person speaks for the full 5 minutes.

 

If two people request their maximum three speeches those two people would occupy 30 minutes (one half) of available Public Access time.

 

If those same people make a request for one or more submissions and one or more questions the bulk of available Public Access time could be consumed by those people alone.

 

One way of remedying this issue and thereby making Public Access time more readily available across the board would be to limit speeches for/against items on the agenda to one speech per person and to similarly limit each of submissions and questions to one per person.

 

The effect of such limitation would cap any individual’s occupation of Public Access time to 8 minutes (speech 5 minutes, submission 2 minutes and question 1 minute).

 

The recommended amendment to clause 22 provides for this.

 

Registering to speak in public access

 

Cause 1 of Annexure A provides that a person requesting Public Access time “must” make clear whether the speaker is speaking generally in favour of or against the recommended action/s.

 

The draft Code is in similar terms.

 

For both clarity and consistency persons requesting to make a submission or ask a question should be required to be equally particular were nominating.

 

In order to enforce this aspect of Council’s Code of Meeting Practice staff need to have the “framework” to refuse Public Access requests that do not meet this requirement.

 

The following table sets out the frequency of requests for questions/submissions where the subject matter is not disclosed at the time of the request. It also sets out the ratio between those questions/submissions and the total number of questions/submissions.

 

The table shows the developing of a consistent pattern since May 2017.

 

Meeting date	Number of questions	Number where subject of question not specified	Number of submissions	Number where subject of submission not specified
25/05/2017	3	2
22/06/2017	2	1	3	1
03/08/2017	6	1	5	1
24/08/2017	3	1	4	1
21/09/2017	5	2	2	1
26/10/2017
23/11/2017	7	1
14/12/2017	4	1	5	1
1/02/2018	5	1
22/02/2018	4	1	3	1

 

Responses to Public questions

 

At present responses to public questions, whether or not they are answered during the meeting or taken on notice, are published in the agenda for the next Ordinary Meeting. This is provided for in clause 6 of Annexure A.

 

A pattern has emerged where a question is asked at a Ordinary Meeting. The answer to the question is included in the next Ordinary Meeting agenda. That answer then becomes the subject of a submission for or against the agenda item. The same subject matter is often included as a fresh question to that Ordinary Meeting whereby the process is repeated.

 

It is felt that it is more efficient if where a question is asked and is responded to by the General Manager or staff at the meeting that response will be included in the Ordinary Meeting minutes and published on Councils website.

 

If the question is taken on notice the response can be provided to the person who asked the question and can be posted within the Council Meeting tab on Council’s website.

 

In both cases the person asking the question would receive a response and that response would be public.

 

The following is an extract from an email received at Council.

 

Just as a follow up to show just how productive asking Questions on Notice can be I am attaching a list of the 17 Questions on Notice from 2017 and the staff responses.

It really is a great tool as all of the questions and answers are tabled in the Council Agenda so it is on the Public record.

I just want to encourage all of our member groups to ask as many questions of Council as you can. Once again, you do not even have to attend the meeting.  You can just submit your question on notice online through the Council website.  It is very easy.

The email promotes the asking of questions on the basis that the answers are on the public record.

 

The proposed amendment would achieve that purpose.

 

Recommended amendments

 

A copy of Clause 22 in the form it would appear if all proposed amendments were accepted is provided at Attachment 1.

 

It is proposed to incorporate the provisions of Schedule A into Clause 22. The following is the recommended amendments to clause 22 of Council’s Code of Meeting Practice with Council able to identify the proposed recommended amendments below in red text.

 

22. PUBLIC ACCESS

 

22.1     The first hour of each meeting will be allocated to Public Access to allow people to make submissions on speak in favour of or against the recommendation of matters listed on the Agenda for that meeting.

 

22.2     If, after all scheduled submissions speeches in favour of or against the recommendation of matters listed on items on the Agenda, time remains within the first hour of the meeting, at the discretion of the Chairperson the meeting can commence or the Public Access session can continue for registered submissions on items that are not on the Agenda or registered questions from members of the public on current agenda items or current issues before Council.

 

22.3     Requests to address Council during Public Access must be made to the General Manager or the Mayor no later than 12.00pm midday one day prior to the Meeting using the online form available on Councils website, over the phone or in person at Council’s Administration Centre in Mullumbimby. Requests must make clear:

a)    whether the speaker is speaking generally in favour of, or against the recommended actions.

b)    the subject of any submission.

c)    the text of any question

            Requests that do not meet the above requirements will not be included in Public Access

 

22.4     Requests to Address Council during Public Access which are received after the 12.00pm midday deadline the day prior to the Meeting are to be considered at the discretion of the Chairperson.

 

22.5     People/Organisations wanting to speak in favour of or against items on the Agenda will be listed for Public Access in the same order the items appear on the Agenda.

 

22.6     A person/organisation is permitted one speech in favour of or against items on the Agenda.

 

22.7     Five minutes is allocated for speeches in favour of and against items on the Agenda (total ten minutes per agenda item). Should there be more than one speaker addressing Council in favour of or against the recommendation of the same Agenda item, speakers will share the allocated five minutes.

 

22.8     The Mayor will invite Councillors to ask questions of speakers at the conclusion of their speech in favour of or against an item on the Agenda.

 

22.9     A person/organisation is permitted to register one submission per meeting on matters that are not on the Agenda.

 

22.10   Two minutes is allocated for submissions to Councils on matters that are not on the Agenda.

 

22.11   A person/organisation is permitted to register to ask one question of Council per meeting.

 

22.12   One minute is allocated per question of Council.

 

22.13   The Mayor, Councillors or General Manager will provide a response to questions asked of Council at the meeting if possible. That response will be included in the meeting minutes.  If a response is unable to be provided the question will be taken on notice, with an answer to be provided to the person/organisation prior to the next Ordinary Meeting and placed on Councils website under the Council Meetings tab.

 

22.14   In order to be taken on notice, a question must be asked in person by the registered speaker at the meeting. Other enquiries of Council can be made by contacting the General Manager. 

 

22.15   The only exeption to point 22.13 is if the Chairperson determines that there is insufficient time on the day of the meeting to accommodate all requests for Public Access and thereby all registered questions will be taken on notice and responded to as per 22.13.

 

22.316 It is possible that not all requests to make submissions on speak in favour of or against items on the Agenda, make a submission or ask a question of Council will always be able to be accommodated within the Public Access part of the meeting. Members of the public are encouraged to make their submissions in writing contact their Councillors and/or Council regarding their concerns, questions or opinion before the Council meeting in case there is insufficient time on the day of the meeting to accommodate all requests for Public Access.  

 

22.17   Additional speeches in favour of or against items on the Agenda, submissions on matters not including on the Agenda or questions to be put to Council may be accommodated at the discretion of the Chairperson.

 

22.418 A motion Motions to extend the Public Access part of the meeting for an extra 30mins for scheduled submissions on items on the Agenda for that meeting may be considered by Council.

 

22.619 A motion to extend the Public Access part of the meeting is a Procedural Motion. It must be proposed and need not be seconded. 

 

22.520 Only one Procedural Motion for extension to the Public Access part of the meeting for submissions on items on that Agenda may be considered at a meeting. In circumstances deemed by the Chairperson to be exceptional, additional extensions may be considered.  

 

22.6     A motion to extend the Public Access part of the meeting is a Procedural Motion. It must be proposed and need not be seconded.

 

22.721 The Chairperson shall give precedence to the Procedural Motion.

 

22.822 No debate or amendments shall be permitted on the Procedural Motion. 

 

22.923 If a Procedural Motion to extend the Public Access part of the meeting is not supported by the majority of Councillors entitled to vote on it then it may not be re-introduced. 

 

SCHEDULE  A

 

*Public Access relating to items on this Agenda, general submissions or questions to Councillors can be made between 9.00am and 10:00am on the day of the meeting, an extension of 15 minutes may be permitted if resolved by Council.

 

1.       Public Access on an item on the Agenda:  People wanting to speak to items on the Agenda will be listed for public access in the same order the items appear on the Agenda.  People can request up to three speeches each with additional speeches by the same organisation/speaker being accommodated if time permits. Requests must make clear whether the speaker is speaking generally in favour of, or against the recommended action(s). Time allowed is five minutes for and five minutes against each item.  If there is more than one speaker the time allocated is to be shared. 

 

2.       Representations by members of the public under Section 10A(4) of the Local Government Act, regarding a recommendation for the closure of a part of meeting for the consideration of a confidential item/s, will be included as a Public Access matter on the related item listed in the Agenda.  Members of the public may address the meeting on the closure.  Time allowed is five minutes per item.

 

3.       Submissions from members of the public:  Time allowed is two minutes per submission.  A person is only permitted one submission per meeting.

 

4.       Questions from members of the public to Councillors.  Time allowed is one minute per question and one question per meeting.

Note: Questions are to be on current agenda items or current issues before Council.

 

5.       Councillors may ask questions of people speaking to items on the Agenda, making a submission or asking a question.

 

6.       Responses to questions not provide at the meeting but taken on notice will be tabled in the next agenda papers.

Financial Implications

 

The conduct of Council Meetings is a function of Council and that function is budgeted for.  Any financial implications associated with the proposal concerning Public Access contained in this report would be difficult to ascertain except to allow more time for consideration of the Ordinary Meeting Agenda..

 

Statutory and Policy Compliance Implications

 

 As per body of report.

 

The Australasian LG Performance Excellence Program FY17 report stated that:

 

For councillors to make effective and informed decisions on policy settings, as well as council strategy, they require timely and succinct information prior to the meeting, clear

agendas, and adequate time devoted to each element of the agenda to enable proper consideration of the issues.

 

The amendments recommended to Public Access are intended to create time to enable Councillors to devote to the items on the agenda whilst the same time preserving the ability of the community to have input into those items and to other issues before Council.

 

 

 

 

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           A new strategic approach to Public Art - revised Public Art Policy and new Draft Public Art Strategy

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/240

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report outlines the opportunity for the approach to public art be more strategic and streamlined, rather than predominantly small, ad-hoc art projects. The Public Art Policy has been revised and a new draft Public Art Strategy has been developed. Council is requested to consider these documents as recommended by the Public Art Panel.

 

  

RECOMMENDATION: That Council:   1.       Note the new strategic direction for Public Art in Byron Shire   2.       Endorse the draft Public Art Strategy and revised Public Art Policy and place them on public exhibition for 28 days, with any submissions to be reported back to the Public Art Panel.

 

Attachments:

 

1        E2018 12472  Draft Public Art Policy - revision considering new draft Public Art Strategy, E2018/19697 ⇨

2        Draft Public Art Strategy March 2018, E2018/12693 ⇨

 

 

 

Report

 

Background

 

Byron Shire Council developed a Public Art Policy in 2010, followed by development of Public Art Guidelines and Criteria which provide a framework for managing public art.

 

The first Public Art Assessment Panel (PAAP) was established in 2013 and operated until Council elections in September 2016, using the Public Art Guidelines and Assessment Criteria to assess various public art applications and undertake occasional commissions.

 

Typically the PAAP dealt with small scale projects. Many of the projects were instigated by artists approaching Council on an ad hoc basis and the process had limited successful in strategic attraction of high quality public art.

 

Feedback from the previous Public Art Assessment Panel prior to their disbanding supports this view:

·    Rather than ad hoc submissions, it would be better to call for expressions of interest once or twice a year;

·    Need to link in with Masterplan work that is underway;

·    There are areas in the Shire with no public art;

·    Small budget frustrates the process;

·    Need to think about how to manage Council’s visual art collection;

·    There are lessons to be learned from the Placemaking Seed Fund project conducted in 2016.

 

In May 2016 Arts Northern Rivers invited representatives from each local government area in the Northern Rivers to a forum with the aim of understanding how public art is managed across the region and look for collaboration opportunities. It was identified that no one process was the same.

 

A recommendation from the forum was that Councils should be more strategic in the commissioning of high quality public art. The Current PAAP has worked to identify opportunities for the approach to be more strategic and streamlined, rather than encouraging small, ad-hoc art projects.

 

The process for establishing a more strategic approach for public art in Byron Shire includes the following steps:

 

1.   Review how other local government areas manage public art and obtain advice from the new Public Art Panel;

2.   Review the Public Art Policy;

3.   Develop a Public Art Strategy to identify the strategic direction for public art in the Shire;

4.   Review the Public Art Guidelines and Criteria;

5.   Review the process and materials for artists in applying for public art projects.

 

This report provides the results from steps 1, 2 and 3 above, with the work guided by the Public Art Panel throughout 2017.

 

Several public art documents from various other local government areas were reviewed including: Tweed Shire Council, City of Sydney, Brisbane City Council, Gold Coast City Council, Melbourne City Council, Tasmanian Government and other regional and metropolitan areas.

 

In reviewing other Council plans and documents and talking with staff from other Councils, the learnings were considered in revising Public Art Policy and the new draft Public Art Strategy:

 

 

Questions considered by the Public Art Panel in reviewing the Policy and developing the Strategy include:

·    What is public art vs community art? Is this defined in terms of project cost, scale or scope?

·    How does public art fit with place-making?

·    What might be included in a strategic program for public art?

·    What other considerations should be included in a strategic framework, for example, a four year program based on specific locations or based on a curated public art program?

·    How does a proposed public art strategy work with the Masterplan work that is underway across the Shire? Are there place-making/ public art projects or are there public art projects outside the Masterplan areas?

 

Revised Public Art Policy

 

The Public Art Policy has been reviewed incorporating the considerations above. The new policy has the following features:

 

·    The scope of the policy is on art works in public spaces or on private sites which impact on the public domain;

·    Provides definitions of ‘public art’, ‘community art’ and ‘place-making’;

·    Includes some guiding principles;

·    Focuses on art on public owned or managed lands; art in private development and Council’s visual art collection.

 

Draft Public Art Strategy

 

Public Artworks Pty Ltd was contracted to develop the Public Art Strategy and following initial information gathering, a workshop was held with the Public Art Panel members on 8 September 2017. The Public Art Panel considered the final draft of the Public Art Strategy at their meeting on 15 February 2018 (see also Public Art Panel minutes reported to the 22 March 2018 Ordinary Council Meeting) and recommended:

 

“to endorse the draft Public Art Strategy and revised Public Art Policy and place them on public exhibition for 28 days, with any submissions to be reported back to the Public Art Panel.”

 

A copy of the Draft Public Art Strategy is attached to this report.

 

The strategy seeks to provide a framework for Council’s planning and decision making in relation to the commissioning and acquisition of public art, as well as its ongoing care and maintenance.

 

It articulates a draft vision, principles and objectives as noted below:

 

Vision

Our vision is to position Byron Shire as the arts and cultural capital of Northern NSW with vibrant, contemporary public art through an innovative program that reflects and promotes the unique character and life-style of the region.

 

Key Principles

 

·    Leadership

·    Quality

·    Site specificity

·    Meaning (ie reflect the cultural narratives of the Shire)

·    Sustainability

·    Value

 

Objectives

1.   Provide a strategic framework for Byron Shire Council’s public art program and guidelines for the commissioning, management, maintenance, decommissioning\ and implementation of public art.

2.   Promote the integration of public art into Council’s capital works projects.

3.   Ensure a diverse, contemporary and distinctive public art program.

4.   Focus on quality over quantity by funding and commissioning fewer but more substantial projects.

5.   Pool and save available funds to develop better project budgets.

6.   Complete several key projects over the next 3 years

7.   Integrate with the town Master Plans.

8.   Strengthen the process for developers and private interests to contribute to the delivery of public art

9.   Develop partnerships with strong community organisations driven by professional creators.

10. Ensure the maintenance and conservation of art is an ongoing feature of the art program.

11. Support skills training for local artists to better participate in the tendering and delivery of public art projects.

 

Other information provided in the draft Strategy, some of which is a divergence from Council’s current practice, includes:

 

·    Recommendation of less emphasis on paint, rather a ‘focus of resources on more permanent and sculptural works for the Shire that are well managed and require less ongoing maintenance;

·    Providing ‘benchmarks’ and lessons from elsewhere such as: repetition of elements and creating the illusion of scale;

·    Outlining priority sites to focus on for the next 3-5 years;

 

Once the new documents are finalised and fully adopted by Council, other documents need to be reviewed as recommended in the Strategy including:

 

·    Public Art Guidelines and Criteria

·    Development Control Plan Public Art Chapter

·    Commissioning brief for new proposed artworks

·    Partnership MOUs (to be developed)

 

Financial Implications

 

The current public art budget balance for the 2017/18 financial year is $39,700.

 

Once adopted, staff will identify sources of funds and recommendations around funding of key identifies public art projects and report to the PAAP.

 

 

Statutory and Policy Compliance Implications

 

Public Art Policy 10/011

Public Art Guidelines and Criteria 2014

 

 

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Joint Organisation of Councils

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Counsel

File No:                        I2018/267

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Reports were prepared and submitted to the 1 February 2018 and 22 February 2018 Ordinary Meetings on the invitation from the Office of Local Government, issued in its correspondence dated 1 December 2017, for Council to voluntarily join the Northern Rivers Joint Organisation of Councils. In addition, a workshop was held with Councillors on 8 February 2017.

 

The purpose of the Reports was to provide Council with sufficient information to enable it to consider the invitation and to determine its response to it.

 

In addition to the information provided in this report it is proposed that Council will receive a briefing from the Office of Local Government as is required by Res 18-112 adopted at 22 February 2018 Ordinary meeting..

 

  

RECOMMENDATION: That, in accordance with Part 7 of Chapter 12 of the Local Government Act 1993 (Act), Council:   1.       Inform the Minister for Local Government (Minister) of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation in accordance with this resolution.   2.       Approve the inclusion of the Council’s area in the Joint Organisation’s area.   3.       Request that the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:   a)      Richmond Valley b)      Lismore City c)      Ballina Shire d       Kyogle e)      Tweed Shire   4.       Authorises the General Manager to provide the Minister with a copy of this resolution including the date on which Council made this resolution before 28 February 2018.   5.       Authorises the General Manager to, on the expiry of a period of 28 days from the making of this resolution, inform the Minister that this resolution has not been rescinded.

 

Attachments:

 

1        Letter from the Acting Chief Executive, Office of Local Government - Joint Organisations, E2018/14607 ⇨

2        Office of Local Government - Joint Organisations - (Our Ref A573399) - JO Information Pack, E2018/14608 ⇨

3        Final Draft Regulation, E2018/14609 ⇨

4        OLG Joint Organisation Regulation Guide , E2018/14610 ⇨

 

 

 

Report

 

The Office of Local Government (“OLG”) has written to Councils following the assent to the Local Government Amendment (Regional Joint Organisations) Act 2017 on 30 November 2017 (refer Attachment 1).

 

The OLG in its correspondence of 1 December 2017 has stated that this legislation allows for Councils to voluntarily join a new Joint Organisation (JO) “to strengthen regional coordination and improve the delivery of important infrastructure and services for communities through strategic planning, collaboration and shared leadership and advocacy”.

 

Council has been invited to establish and nominate to join the Northern Rivers Joint Organisation of Councils.

 

The OLG in its Joint Organisations – Frequently Asked Questions provides the following information on structure and purpose of a Joint Organisation.

 

 “A Joint Organisation is a new entity under the Local Government Act comprising member councils in regional NSW to provide a stronger voice for the communities they represent.

 

A Joint Organisation will provide a more structured, permanent way for local councils, State agencies and other interested groups to collaborate. Each region will decide its own priorities, working on short and long term projects such as attracting a new industry to the region or improving the health of a river system. By putting their resources together and focusing on the unique challenges and strengths of their whole region, Joint Organisation members can drive better outcomes for local residents.

 

Each Joint Organisation will comprise at least three member councils and align with one of the State’s strategic growth planning regions. One of the member council’s mayors will be elected chairperson and an Executive Officer may be appointed.”

 

Further information on the proposed JOs and the entire process is available on the OLG website (olg.nsw.gov.au), under the heading of Strengthening Local Government. The following link is provided http://www.olg.nsw.gov.au/content/joint-organisations-strengthen-regional-nsw.

 

Byron Shire currently sits within the North Coast State Planning Region along with Tweed Shire, Ballina Shire, Bellingen Shire, Kyogle, Richmond Valley, Nambucca Shire, Lismore City, Clarence Valley, Kempsey Shire, Coffs Harbour City and Port Macquarie-Hastings Councils.

 

The OLG in the information provided to Councils on JOs and the next steps (Attachment 2), has indicated that a Council should consult with other Councils within their allocated Regional Planning Region, to identify the member Councils for a JO.

 

NOROC at a meeting held in November 2016 resolved to endorse the submission to the NSW Government’s Joint Organisations: Getting the Boundaries Right report (16/17:R14).The submission stated that NOROC supported the proposed boundaries for the Northern Rivers Joint , and that NOROC included the Kyogle, Richmond Valley, Tweed, Byron, Lismore and Ballina Local Government areas, and that the alignment of the proposed boundary for the JO and the current NOROC boundary would ensure a smoother transition process.

 

Each of the individual Councils within the area of a proposed Joint Organisation needs to pass a resolution establishing the JO and its membership, and confirming that the Council wishes to be member of the JO.

 

As at the date on which this report was completed the other Councils in the proposed JO have reached the following stages:

 

Richmond Valley – resolved to join JO with NOROC councils

Lismore – decision on 13 March.

Ballina – resolved to join JO with NOROC councils

Kyogle – resolved to join JO with NOROC councils

Tweed – decision on 22 March.

 

This format and the content of the resolution has been prescribed by the OLG. The resolution when passed by Council, along with the Council’s nomination to join a JO, needs to be submitted to the OLG prior to 23 March 2018.

 

Council’s consideration of the invitation has been hampered by the lack of opportunity to fully consider the proposed Local Government (General) Amendment (Regional Joint Organisations) Regulation 2018. The draft amendments were released on 19 February 2018. A copy of the draft Regulation is Attachment 3. The OLG has issued a Regulation Consultation Guide entitled “Supporting Joint Organisation success).That guide is Attachment 4.

 

Council has raised a number of questions as to the provisions of the Act and the draft Regulation. The OLG has assisted in providing answers to those questions. The questions and answers are set out below.

 

1.   Formation of a JO is by ‘proclamation’ (s400O), by which constituent councils become ‘members’ following a resolution of Council (400P).  s400ZC provides that the Governor, may ’dissolve or ‘amend’ a JO or its constitution. How might ‘members’ disengage from JOs voluntarily if they so wish and what are the consequences if any? The reading speech says they can’t.

 

Member councils of a JO can request the Minister to recommend to the Governor that they be removed from the JO by amending the proclamation that created the JO.

 

2.   How does the legal status, powers and functions of a JO, as a ‘body corporate’ (s400Q) differ from the current NOROC? Is it the case that similar status or powers may be provided for through different legislation or processes?

 

NOROC is an incorporated association separate from the Local Government Act, with its own constitution that would define the governance arrangements and accountability back to member councils. The JO is established under the Local Government Act with many of the provisions that apply to a council applying to a JO. This provides a similar level of governance and transparency that applies to a council, with clear accountability mechanisms back to member councils eg the requirement to have an expenses and facilities policy that has been consulted with member councils and a requirement for the Charter to be consulted with member councils.

 

3.   Services may be delivered by a JO with the agreement of member council’s (s400S(1)) though restricted by ‘regulations’. What do these regulations currently provide?

 

The regulations enable a council to delegate functions under the Act to a JO, with the consent of the JO. A JO cannot force a council to delegate a function and a council cannot force a JO to accept a function. The regulation doesn’t prescribe any further restrictions. The general restrictions in section 377 apply.

 

4.   s400S(2) provides that ‘other functions’ may be ‘conferred’ by ’this act or any other law’. Acknowledging that ‘this act’ would provide for functions to be delegated, what other provisions are there in the LGA or other legislation?

 

This provision provides a mechanism for other functions to be conferred onto JOs, in a similar way to the Act having a mechanism to confer other functions onto a council. This would just capture any further law that confers a function on a JO. There are not currently any, although the Local Government Amendment (Regional Joint Organisations) Act 2017 did make consequential amendments to include reference to a JO where there was a reference to a county council in a number of pieces of legislation.

 

5.   s400U provides for the creation of a charter by the board, but also provides that the regulations may prescribe the 'form and content’ of the charter. What do the regulations prescribe for this and if not, what if any are the indications of what the regulations will say?

 

The draft regulation released last Friday requires the Charter to include the mechanism by which financial contributions are made and that the Charter be consulted with member councils – please refer to the Guide that was distributed with the draft regulation.

 

6.   s400ZF(3) provides that JOs ‘may obtain income from charges, fees, grants, borrowings and investments’.  The same subsection provides that a JO is not prevented from ‘exercising the functions of a Council from obtaining income from other sources that may be used by a council’. Contrary to the advice provided to the SPW, this section can not re read as a matter for the ‘regulations’ to make provision. An explanation of the scope of this subsection needs to be provided. What is the relationship with any other provisions that might assist in identifying the scope of the provisions? If any exists, is the scope, power or any limitation that can be read with this subsection express or implied

 

The intent is to provide for a JO appropriate alternative to Chapter 15 which applies to councils but not JOs. The wording is the same (minus reference to rates – which JOs cannot impose). The provisions is essentially a facilitative one to ensure JOs can receive funds – either where they are explicitly empowered to (e.g. under Chapter 15 Parts 10, 12 and 13 and section 620) or where they are exercising a function delegated to them from a council (e.g. the capacity to impose certain charges in relation to certain service functions).

 

7.   s400ZH applies the LGA to the JO’s, but with many ‘exclusions’. What is not excluded is as interesting as what is excluded, with particular relevance to the question about revenues and income etc above (S400ZF). It is very unclear as to the framework for operation of the JO. Will delegation be required to exercise any function or power?  Will such provisions and those NOT relating to functions or powers be able to apply concurrently with councils?

 

Some council functions (by virtue of 400ZH) apply to JOs. Council functions (which are not also JO functions) need to be delegated to a JO for a JO to exercise them. Local councils service and regulatory functions are not functions that apply to JOs (absent a delegation).

 

8.   s400ZA(2) provides that voting members (either Mayors or Councillors) do not have to make decisions ‘in their capacity as the mayor or a councillor of a council’.

 

            Correct. They act in their capacity as a voting representative on the board of a JO.

 

9.   Acknowledge that the reading speech provides an outline of intent on some matters, but is critically silent on the key question of revenue (s400AF).

 

            Correct. See proposed clause 397B of the Regulation.

 

In addition to the information provided in this report it is proposed that Council will receive a briefing from the Office of Local Government as is required by Res 18-112.

 

This report has been prepared to allow Council to consider the invitation from the OLG, for Council to join the Northern Rivers Joint Organisation of Councils, by passing the required resolution. The options are to support the Northern Rivers Joint Organisation or not support that model. The member councils of NOROC, and NOROC, have previously resolved to support this model and the recommendation is to support the proposed JO.

 

Financial Implications

 

At this stage there is not anticipated to be any additional resource or financial implications to Council in the short term, although this could change over time if the JO sought to increase its level of service to the member councils and a higher staff resource was needed.

 

This will only occur in consultation with the member councils and it would need to be justified by a significant increase in service levels to the member councils.

 

The current contribution to NOROC is approximately $15,500.

 

Initial establishment funding is to be provided by the State Government, with $3.3 million to be allocated to the project.

 

NOROC, or the new JO, will look at opportunities to access this funding for projects that may benefit the region.

 

Financial contributions by member Council to the Joint Organisation are dealt with in s400ZF(3) of the Act and in Regulation 397I and are canvassed in question and answer 6 above.

 

Statutory and Policy Compliance Implications

 

Local Government Act 1993.

 

The legislation provides as follows for joint organisations:

 

(a)     it enables the making of proclamations by the Governor to constitute joint organisations and provides for the area of the joint organisation (a joint organisation area) to consist of at least 2 council areas,

 

(b)     it prohibits a council area from being included in a joint organisation area unless the council has resolved to approve inclusion of the council’s area in the joint organisation area,

 

c)      a joint organisation established under a proclamation is constituted as a body corporate with the powers of an individual both in and outside the State,

 

(d)     the principal functions of a joint organisation are to establish strategic regional priorities, provide regional leadership and identify and take up opportunities for inter-governmental co-operation on regional matters,

 

(e)     joint organisations may also deliver services to or on behalf of councils and provide assistance to councils (including capacity building), subject to any restrictions imposed by the regulations,

 

(f)      a joint organisation is to make decisions through its board, which will contain voting and non-voting representatives. The voting representatives will be the mayor of each council whose area is included in the joint organisation (a member council) as well as one additional representative for each member council if the board determines that additional representatives are to be added,

 

(g)     the role of the board is to direct and control the affairs of the joint organisation. The board is to prepare and adopt a charter for the joint organisation,

 

(h)     the chairperson of the joint organisation is to be elected by the voting representatives from the representatives who are mayors and is to hold office for 2 years and may, if the board

          so determines, be a non-voting chairperson,

 

(i)      regulations may be made to enable alternates to be appointed for voting representatives and may provide that the alternates may only act for limited periods,

 

(j)      a voting representative will cease to hold office when he or she ceases to be the mayor or councillor of a member council, resigns, has a nomination revoked or is removed from office by the Minister and will be suspended for any period of suspension as a mayor or councillor,

 

(k)     a member council may request that the Minister remove the mayor of the council from the board on the ground of exceptional circumstances, with or without the consent of the mayor,

 

(l)      the role of the executive officer of a joint organisation is to conduct the day-to-day management of the joint organisation and to give effect to lawful decisions of the joint organisation,

 

(m)    the functions of the joint organisation may be exercised by means of the representatives, by a committee or by other provision or means, jointly with another person or persons or a member council or by a delegate,

 

(n)     a joint organisation cannot require a member council to delegate a function to it,

 

(o)     if an administrator is appointed for a member council, the administrator may exercise the functions, and has the same number of votes as, all of the voting representatives of that council,

 

(p)     the Governor may make proclamations amending the constitution of, or dissolving, a joint organisation,

 

(q)     provisions enabling savings and transitional provisions to be included in proclamations constituting councils will apply to proclamations made under the proposed Part,

 

(r)      a function of the joint organisation may be delegated to a committee, the executive officer or any other person or body. The executive officer may sub-delegate the function as well as delegate his or her functions. A joint organisation may also sub-delegate to a committee, the executive officer or any other person or body functions delegated to the joint organisation by the Chief Executive of the Office of Local Government or a member council,

 

(s)     the regulations will be able to provide for the making of financial contributions by member councils to a joint organisation and this may include making employees available for the purposes of the joint organisation,

 

(t)      limitations are imposed on the employment of staff pending certain declarations,

 

(u)     provisions of the Local Government Act 1993 that apply to councils are applied to joint organisations as if they were councils, subject to specified exclusions. Regulations may also be made to exclude the application of additional provisions and to apply excluded provisions.

 

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Council Investments February 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/360

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the month of February 2018 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 28 February 2018 be noted.

 

 

 

 

 

Report

 

In relation to the investment portfolio for the month of February 2018, Council has continued to maintain a diversified portfolio of investments.  At 28 February 2018, the average 90 day bank bill rate (BBSW) for the month of February was 1.77%.  Council’s performance to 28 February 2018 is 2.52%. 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 28 February 2018:

 

Schedule of Investments held as at 28 February 2018

 

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	No Fossil Fuel  ADI	Type	Interest Rate Per Annum	Current Value
28/10/16	650,000	Teachers Mutual Bank	P	BBB+	28/10/19	Y	FRN	3.17%	653,642.89
24/03/17	1,000,000	NAB Social Bond (Gender Equality)	P	AA-	24/03/22	N	B	3.25%	1,011,100.17
31/03/17	1,000,000	CBA Climate Bond	P	AA-	31/03/22	N	FRN	3.25%	1,000,000.00
16/11/17	750,000	Bank of Queensland	P	BBB+	16/11/21	N	FRN	2.63%	750,000.00
05/09/17	1,000,000	Bananacoast Credit Union	P	NR	06/03/18	Y	TD	2.60%	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
15/09/17	1,000,000	Peoples Choice Credit Union	P	BBB	15/03/18	Y	TD	2.55%	1,000,000.00
27/09/17	1,000,000	Bank of Queensland	N	BBB+	27/03/18	N	TD	2.50%	1,000,000.00
04/10/17	2,000,000	Police Credit Union	P	NR	04/04/18	Y	TD	2.70%	2,000,000.00
04/10/17	1,000,000	NAB	N	AA-	05/03/18	N	TD	2.55%	1,000,000.00
05/10/17	1,000,000	Police Credit Union	N	NR	05/04/18	Y	TD	2.56%	1,000,000.00
17/10/17	1,000,000	Police Credit Union	N	NR	17/04/18	Y	TD	2.55%	1,000,000.00
23/10/17	1,000,000	Bank of Queensland	N	BBB+	23/04/18	N	TD	2.55%	1,000,000.00
02/11/17	2,000,000	Police Credit Union	N	NR	02/05/18	Y	TD	2.73%	2,000,000.00
03/11/17	1,000,000	Maitland Mutual Building Society	P	NR	02/05/18	Y	TD	2.55%	1,000,000.00
10/11/17	2,000,000	ME Bank	P	BBB	13/03/18	Y	TD	2.42%	2,000,000.00
15/11/17	1,000,000	The Capricornian Credit Union	P	NR	16/04/18	U	TD	2.55%	1,000,000.00
15/11/17	1,000,000	The Capricornian Credit Union	N	NR	15/03/18	U	TD	2.50%	1,000,000.00
17/11/17	1,000,000	Police Credit Union	N	NR	17/05/18	Y	TD	2.75%	1,000,000.00
17/11/17	1,000,000	Bank of Queensland	N	BBB+	19/03/18	N	TD	2.45%	1,000,000.00
23/11/17	1,000,000	The Capricornian Credit Union	N	NR	23/05/18	U	TD	2.55%	1,000,000.00
24/11/17	1,000,000	ME Bank	N	BBB	24/05/18	Y	TD	2.55%	1,000,000.00
28/11/17	1,000,000	Bananacoast Credit Union	N	NR	28/05/18	Y	TD	2.65%	1,000,000.00
30/11/17	2,000,000	NAB	N	AA-	30/04/18	N	TD	2.49%	2,000,000.00
30/11/17	2,000,000	ME Bank	N	BBB	30/04/18	Y	TD	2.49%	2,000,000.00
01/12/17	1,000,000	Defence Bank	P	BBB	20/03/18	U	TD	2.65%	1,000,000.00
01/12/17	1,000,000	Defence Bank	N	BBB	01/03/18	U	TD	2.50%	1,000,000.00
04/12/17	1,500,000	ME Bank	N	BBB	06/03/18	Y	TD	2.40%	1,500,000.00
06/12/17	1,000,000	Hunter United Employees Credit Union	P	NR	06/04/18	U	TD	2.55%	1,000,000.00
08/12/17	2,000,000	ME Bank	N	BBB	08/06/18	Y	TD	2.55%	2,000,000.00
08/12/17	2,000,000	My State Bank	P	W/D	08/06/18	Y	TD	2.65%	2,000,000.00
15/12/17	1,000,000	Auswide Bank Ltd	N	BBB-	15/03/18	Y	TD	2.40%	1,000,000.00
19/12/17	2,000,000	Credit Union Australia	P	BBB	19/06/18	Y	TD	2.60%	2,000,000.00
19/12/17	2,000,000	Gateway Credit Union	P	NR	19/04/18	Y	TD	2.50%	2,000,000.00
02/01/18	1,000,000	ME Bank	N	BBB	04/04/18	Y	TD	2.40%	1,000,000.00
02/01/18	2,000,000	ME Bank	N	BBB	04/07/18	Y	TD	2.55%	2,000,000.00
09/01/18	1,000,000	Gateway Credit Union	N	NR	11/05/18	Y	TD	2.50%	1,000,000.00
10/01/18	1,000,000	Bankwest	P	AA-	10/04/18	N	TD	2.50%	1,000,000.00
12/01/18	1,000,000	Bank of Queensland	N	BBB+	12/06/18	N	TD	2.55%	1,000,000.00
12/01/18	1,000,000	Bankwest	N	AA-	12/06/18	N	TD	2.55%	1,000,000.00
12/01/18	1,000,000	Bankwest	N	AA-	12/04/18	N	TD	2.50%	1,000,000.00
23/01/18	1,000,000	AMP Bank	P	A	23/07/18	N	TD	2.60%	1,000,000.00
24/01/18	1,000,000	ME Bank	N	BBB	24/07/18	Y	TD	2.60%	1,000,000.00
29/01/18	2,000,000	Rural Bank	P	BBB+	30/07/18	Y	TD	2.60%	2,000,000.00
31/01/18	2,000,000	AMP Bank	N	A	03/08/18	N	TD	2.60%	2,000,000.00
02/02/18	1,000,000	Rural Bank	N	BBB+	02/08/18	Y	TD	2.62%	1,000,000.00
05/02/18	2,000,000	NAB	N	AA-	07/05/18	N	TD	2.47%	1,000,000.00
06/02/18	2,000,000	Bankwest	N	AA-	15/05/18	N	TD	2.45%	2,000,000.00
06/02/18	1,000,000	Gateway Credit Union	N	NR	07/05/18	Y	TD	2.55%	1,000,000.00
07/02/18	2,000,000	ME Bank	N	BBB	08/05/18	Y	TD	2.45%	2,000,000.00
07/02/18	2,000,000	Beyond Bank	P	BBB	18/06/18	Y	TD	2.50%	2,000,000.00
08/02/18	1,000,000	AMP	N	A	08/08/18	N	TD	2.60%	2,000,000.00
15/02/18	1,000,000	Bankwest	N	AA-	15/06/18	N	TD	2.50%	1,000,000.00
15/02/18	1,000,000	Police Credit Union Limited (SA)	N	NR	15/08/18	Y	TD	2.61%	1,000,000.00
16/02/18	1,000,000	Hunter United Employees Credit Union	N	NR	17/05/18	U	TD	2.45%	1,000,000.00
16/02/18	1,000,000	Gateway Credit Union	N	NR	18/06/18	Y	TD	2.45%	1,000,000.00
26/02/18	1,000,000	B & E Ltd (Bank of Us)	P	NR	28/05/18	U	TD	2.48%	1,000,000.00
26/02/18	1,000,000	ME Bank	N	BBB	28/05/18	Y	TD	2.38%	1,000,000.00
28/02/18	1,500,000	Defence Bank	N	BBB	29/05/18	U	TD	2.40%	1,500,000.00
28/02/18	1,000,000	ME Bank	N	BBB	29/05/18	Y	TD	2.35%	1,000,000.00
N/A	573,101	CBA Business Online Saver	N	A	N/A	N	CALL	1.40%	573,100.52
12/01/18	1,002,665	NSW Treasury Corp	N	AAA	N/A	Y	CALL	1.27%	1,002,664.66
Total	77,975,766						AVG	2.52%	77,990,508.24

 

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.	No Fossil Fuel 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 a ‘No Fossil Fuel’ investing 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 Council’s total investment portfolio in respect of fossil fuels only.

 

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not.  Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy.  Council’s Investment Policy can be found at the following link:

http://www.byron.nsw.gov.au/files/publications/council_investments_policy_2017.pdf

 

 

In this regard Council has an additional two investments that are with financial institutions that invest in fossil fuels but the purposes of the investments are in accord with the broader definition of Environmental and Socially Responsible investments as indicated below:

 

1.  $1,000,000 investment with the National Australia Bank maturing on 24 March 2022 known as a Social Bond that promotes Gender Equity.

 

2.  $1,000,000 investment with Commonwealth Bank maturing on 31 March 2022 known as a Climate Bond.

 

For the month of February 2018, as indicated in the table below, there is a dissection of the investment portfolio by investment type:

 

Dissection of Council Investment Portfolio as at 28 February 2018

 

 

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 February 2018 on a current market value basis. 

 

Movement in Investment Portfolio –February 2018

 

 

Investments Maturities and Returns – February 2018

 

         

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 February 2018 the table below identifies the overall cash position of Council as follows:

 

 

Dissection of Council Cash Position as at 28 February 2018

 

 

 

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.

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Stronger Country Communities Fund Round 2

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2018/369

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

The NSW Government opened the second round of Stronger Country Communities Fund on 12 March 2018, with applications due on 4 May 2018.  After an unprecedented demand for local projects in the first round of the fund, the NSW Government has doubled the funding total for Round Two to $200 million.

 

This year there is a focus on sporting infrastructure and general community amenity projects. Eligible projects now include street beautification and 'place making' activities.

 

The funding body requires:

·    more than one application preferably led by community groups

·    equal number of community amenity and sports infrastructure applications

·    substantial communications and engagement program to support application – including identified community priorities for each project

 

From the experiences of Round One and the extensive documentation required, it is beyond the organisation’s resources to complete multiple applications. It is recommended that Council progress one project and that Council supports community groups to make applications.

 

The community group application process will be supported by a communications and engagement program to ensure groups are aware and can make competitive applications.  This will also ensure Council meets the funding body directive to include multiple community projects.

 

 

  

RECOMMENDATION: That  Council:   1.       Endorse the strategic approach to maximise the opportunity for Council and community projects;   2.       Nominate the (Beautification of Byron St Byron Bay OR  Broken Head Road Cycleway) project from the Byron Bay Town Centre Masterplan to progress for the Stronger Country Communities Fund Round 2 as the Council nominated project.   3.       Allocate $15,000 from the Grants Management Reserve to fund required           communications and engagement program to support community-led and delivered           projects

 

Attachments:

 

1        Stronger Country Communities Fund Round 2 Guidelines, E2018/17832 ⇨

 

 

Report

 

In 2017, Council submitted four applications for the Stronger Country Communities Fund (SCCF):

 

Project	Funds sought	Project cost
Clarkes Beach Amenities	$500,000	$1.325M
Bangalow Heritage House	$320,154	$339,934
Waterlily Playscape	$418,608	$481,608
Sandhills Child Care Centre	$255,763	$299,763
Total	$1.494M
Nominal funding allocation	$750,000	(Council will be notified of exact round two funding allocation for the Shire)

 

The program managers have notified Council that the second round of the scheme will open in 12 March 2018 with applications due on 4 May 2018. 

The funding body requires:

 

·    more than one application

·    equal number of community amenity and sports infrastructure applications

·    substantial communications and engagement program to support application – including identified community priorities for each project

 

From experiences from Round One and the extensive documentation required, it is beyond the Council’s resources to complete multiple applications.

All applications will need to be submitted by Council along with a communications program with reporting that justifies prioritisation of projects.

SCCF have nominally allocated $750,000 per shire per round, noting that there is a preference to support multiple projects per shire. In Round One, some shires missed out altogether and others received a higher allocation. If Council’s successful projects from Round One total less than their allocation, the balance of funding will be added to their Round Two allocation. If Council’s successful Round One projects total above their allocation, the amount above will be subtracted from their allocation in Round Two.

 

Individual project applications must seek a minimum of $50,000. Applications seeking between $50,000 and $1 million can be for the entire project cost as a grant. Projects requiring grant funding of over $1 million will only be considered where there is a minimum financial co-contribution towards the project of 25 per cent of the total grant amount. The financial co-contribution to the project can be from Council or other funding sources, but must be confirmed.

 

 

Eligible Projects

 

For 2018, there is a focus on sporting infrastructure and general community amenity projects and they have changed the scope of eligible projects to include street beautification and 'place making' activities.

 

Examples of eligible infrastructure include:

 

	General community amenity, place making and street beautification		Local sporting infrastructure
	Community halls	Community kitchens, barbecue and recreation facilities	Oval or court lighting, sports field fencing or surfacing	Amenities for sports participants and spectators
	Playgrounds and parks	Murals or community art instalments	Sports field and golf course drainage and irrigation	Indoor sports facilities
	Toilet blocks	Town and tourism signage	Sports clubhouses, change rooms and grandstands	Court resurfacing including synthetic surfaces
	Libraries	Seating, planting boxes, paving	Skate parks and mountain bike tracks	Community fitness stations (fixed)
	Shade cloth and pergolas	Memorials or statues	Aquatic facilities and pools	Accessibility upgrades, walking or cycle pathways
Infrastructure projects related to the delivery of community services may be considered where the council is willing to submit the application and the project is shown to be a priority for the community.

 

Given resource constraints, it is recommended that Council submit one project and seek applications from community groups.  Specifically:

 

1.   Council selects one project to advance to full application from the Byron Bay Town Centre Masterplan;

2.   Council engages a consultant to oversee the communications and public relations for this project;

3.   Council announces the scheme to the Byron Shire community and encourages independent groups to apply;

4.   Council runs a workshop session for people interested in the scheme;

5.   Council receives nominations by a set date and includes these in a social media campaign, including ‘yoursaybyronshire’ that will provide metrics and data for a consultation report that needs to be submitted with the applications;

6.   Nominated groups receive relevant 'code' to submit their own applications with Council letters of support if requested and appropriate;

7.   Council provides oversight on all non-Council applications, but does not prepare them.

 

Council Projects

 

Council staff recommends the two following projects for consideration for SCCF Round Two. Only one project is to be advanced to application:

 

Byron Street Beautification

 

The Byron Street upgrade has been scoped by Infrastructure Services and deferred to the 2018-19 financial year. Council has funding to do the road works to upgrade Byron Street, but the Masterplan identifies this street as a critical East-West connector for the town, and will be a key piece of puzzle for integrating Butler Street Reserve, the bus interchange, the rail corridor and the town centre. This project would leverage available Council funds to meet the SCCF objective to include street beautification and place making.

 

As such the objectives of the Byron Street project are:

 

·    Modified design to include new elements that focus on liveability and community amenity;

·    Inclusion of shared pathways to encourage multiple modes of access and movement including the use of bikes, pedestrian walking, cars and other vehicles;

·    The use of Crime Prevention Through Environmental Design (CPTED) for wayfinding and appropriate lighting;

·    Retain and enhance community identity and placemaking through design and treatments such as seating;

·    Enhance the street appeal to support businesses along Byron Street.

 

 

Broken Head Road Cycleway - Browning Street to Clifford Street (Res 17-403)

 

The Broken Head Road Cycleway is a staged project to implement new shared zones on the road between Suffolk Park and Byron Bay. This project will improve the ease of access to/from the proposed corridor and the level of connectivity to population areas, attractors and the surrounding path network. It is beyond the scope of SCCF to provide funds to complete the project, however one or two stages would be viable for the Council application.

 

The stages and costings are as follows:

 

Stage	Description	Cost Estimate
Stage 1	The Byron at Byron resort to Beech Drive (north)	$0.20M - $0.25M
Stage 2	Beech Drive (north) to Beech Drive (south)	$0.24M - $0.32M
Stage 3	Browning Street to the existing pedestrian crossing near St Finbarr’s Catholic Primary School	$1.00M - $1.20M
Stage 4	Existing pedestrian crossing near St Finbarr’s Catholic Primary School to The Byron at Byron resort	$0.40M - $0.50M
Stage 5	Beech Drive (south) to Clifford Street	$0.06M - $0.08M

 

Stages 1 and 2 are seen as the highest priority as there is currently no amenity for cycling along this section of Broken Head Rd.

 

Financial Implications

 

It is recommended that $15,000 is allocated from the Grants Management Reserve to fund the strategy of engaging with the community on other potential community-led and delivered projects.

 

Byron Street Beautification would require between $250,000 and $500,000 from SCCF to supplement an allocated amount in Infrastructure Services budget for the upgrade of the road. This allocation will be confirmed as designs are progressed.

 

Stages one or two of the Broken Head Road Cycleway can be used as the basis of the SCCF application to seek $500,000. This would be in addition to any Council budget that may be determined.

 

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.