Agenda of Ordinary Meeting - Thursday, 25 August 2022

CONFLICT OF INTERESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

(b) not including the making of an order under that Act.

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

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

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

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

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

BYRON SHIRE COUNCIL

BUSINESS OF Ordinary Meeting

1. Public Access

2. Apologies

3. Attendance by Audio-Visual Link / Requests for Leave of Absence

4. Declarations of Interest – Pecuniary and Non-Pecuniary

5. Tabling of Pecuniary Interest Returns (Cl 4.9 Code of Conduct for Councillors)

6. Adoption of Minutes from Previous Meetings

6.1 Ordinary Meeting held on 23 June 2022

6.2 Extraordinary Meeting held on 30 June 2022

7. Reservation of Items for Debate and Order of Business

8. Mayoral Minute

8.1 Community Awards Ceremony.................................................................................... 9

8.2 2022 Local Government NSW Conference Motions.............................................. 10

9. Notices of Motion

9.1 High urban water charge............................................................................................ 12

9.2 Let’s inform the Shire’s reading community............................................................. 15

9.3 Topics for Councillor Workshops............................................................................... 19

9.4 North Rail Corridor Utilisation..................................................................................... 21

9.5 Western Rail Corridor Utilisation............................................................................... 23

9.6 Rifle Range Road Traffic Calming............................................................................. 25

9.7 North Byron Parklands - Splendour in the Grass 2022......................................... 29

10. Petitions

11. Submissions and Grants

11.1 Grants June/July 2022................................................................................................ 34

12. Delegates' Reports

13. Staff Reports

General Manager

13.1 Lease to Byron Visitors Centre Incorporated.......................................................... 39

13.2 Licence to RBA Holdings Pty Ltd.............................................................................. 46

13.3 General Manager Delegation - Procurement.......................................................... 51

Corporate and Community Services

13.4 Community Initiatives Program 2022-2023 Recommendations for Funding...... 57

13.5 Council Investments - 1 June 2022 to 30 June 2022............................................. 60

13.6 Carryovers for Inclusion in the 2022-2023 Budget................................................. 68

13.7 Appointment of Replacement Community Members to Advisory Committees.. 78

13.8 Delivery Program 6-monthly Report and Operational Plan 2021/22 Quarter 4 Report - to 30 June 2022............................................................................................................ 81

13.9 Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2022............... 90

13.10 Council Investments - 1 July 2022 to 31 July 2022................................................ 93

Sustainable Environment and Economy

13.11 PLANNING - 26.2021.3.1 150 Lismore Road, Bangalow Submissions Report 101

13.12 Affordable Housing - 57 Station Street, Mullumbimby......................................... 111

13.13 Popcar FY2021 report............................................................................................... 120

13.14 PLANNING - Use of zipline ancillary to a primitive camping ground................. 129

13.15 Resolution 22-332 - Animal Enforcement Resourcing......................................... 150

13.16 Dogs in Public Spaces Strategy.............................................................................. 156

13.17 Draft Federal Village Masterplan............................................................................. 164

13.18 PLANNING - 10.2021.291.2 - S4.55 to introduce Construction Staging of Development and for Minor Internal Changes to Floor Plans, Amendments to Roof Top Area and Introduction of Dual Key Apartments...................................................................... 171

13.19 PLANNING - Report of the Planning Review Committee held 4 August 2022 184

13.20 Place Planning Collective Expression of Interest Candidate Selection........... 186

13.21 PLANNING - Quarter 2 SEPP Variations April to June 2022............................. 190

Infrastructure Services

13.22 Mullumbimby Pool Feasibility Study....................................................................... 194

14. Reports of Committees

Corporate and Community Services

14.1 Report of the Arts and Creative Industries Advisory Committee Meeting held on 30 June 2022................................................................................................................... 201

Sustainable Environment and Economy

14.2 Report of the Coastal and ICOLL Advisory Committee Meeting held on 30 June 2022...................................................................................................................................... 206

14.3 Report of the Strategic Business Advisory Committee Meeting held on 30 June 2022...................................................................................................................................... 211

Infrastructure Services

14.4 Report of the Infrastructure Advisory Committee Meeting held on 16 June 2022 214

14.5 Report of the Local Traffic Committee Meeting held on 14 July 2022.............. 217

15. Questions With Notice

15.1 Agendas for Councillor Workshops........................................................................ 221

15.2 Biobanking for the Byron Bypass............................................................................ 223

16. Confidential Reports

Corporate and Community Services

16.1 Confidential - Insurance Update regarding Council Assets - February 2022 Flood Event............................................................................................................................ 225

Questions with Notice: A response to Questions with Notice will be provided 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 www.byron.nsw.gov.au/Council/Council-meetings/Questions-on-Notice

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

BYRON SHIRE COUNCIL

Notices of Motion 9.1

Notices of Motion

Notice of Motion No. 9.1 High urban water charge

File No: I2022/1004

I move that Council:

1. Offer financial relief to a particular customer for their recent quarterly water charge of $2,445 due on 12 July and incurred as a result of a waterline breakage that went undetected, because of flood debris and saturated soil conditions in the 2022 wet season.

2. Offer that relief in the terms of the policy that Sydney Water applies in such circumstances, as articulated in Section 2.1.1 of that Policy; and

3. Make the matter of relief for undetected water leakage a discussion topic on the next Water and Sewer Advisory Committee meeting (scheduled for 20 October 2022) and present the Sydney Water Policy as an example.

Attachments:

1 Policy: Debt Management and Financial Hardship Assistance 2019, E2019/63417

2 Sydney Water Allowances and Rebates - 2022, E2022/75739

Signed: Cr Duncan Dey

Councillor’s supporting information:

The property is low-lying and flood-prone, on the outskirts of Mullumbimby. In clearing flood debris after the 2022 flood, the landholder accidentally damaged a waterline. There was no trace of the leak because the whole area was underwater and then saturated for months.

Council staff kindly notified the customer as soon as the meter reading came in. This is great practice. The customer had the leak fixed immediately.

As a community we must conserve water as best we can. It is a precious resource. To do this, Council can apply a bit of carrot and a bit of stick. Water Authorities such as Rous Water and Sydney Water have policies for financial relief in such circumstances. The Sydney Water version appears below.

I agree with Sydney Water that, when the leakage is not deliberate and is not a repeat offence, financial support can be offered.

The current case raises the issue of Byron Shire having a policy adopted through a public process, to deal with the issue in general. Part 3 of this Motion proposes that we create such a policy.

Parts 1 and 2 propose financial relief for the customer currently in that predicament.

Staff comments

by Cameron Clark Manager Utilities, Infrastructure Services

In relation to the policy development suggested in the Notice of Motion [NOM] (Part 3) it would be similar to Sydney Water Allowances and Rebate Policy (Attachment 2).

Council currently has a Debt Management and Financial Hardship Assistance Policy (Attachment 1) that enables customers to pay back the water charge over an agreed term interest free.

However, Council staff recommend that a once off relief adjustment can be applied to the owner’s water charge where there was a water leak as referenced in Part 1 of the NOM.

The water lost due to the leak event will be charged at cost price that is subject to change.

The combination of the Debt Management and Financial Hardship Assistance Policy (interest free payment plan) could be used in conjunction with the cost price adjustment for water loss.

The owner receives a once off adjustment where the owner then becomes ineligible for any further adjustments.

Financial/Resource/Legal Implications:

Byron Shire Council does not have the same number of rate payers as Sydney Water therefore, does not have the same economies of scale around revenue to support the long term financial management of water infrastructure.

The cost of capital and operations in the water industry has significantly increased over the past 5 years. This includes the future water strategy to meet climate change criteria. Therefore, it is critical to ensure the revenue stream to water fund is managed appropriately to ensure Council meets their obligations around being a water authority.

If the relief adjustment is at cost price this minimises cost impact to Council, however there is still lost revenue to the water fund depending on how many customers opt for the relief adjustment.

In addition, there will be administration for the rates department to process the relief adjustment.

Is the proposal consistent with any Delivery Program tasks?

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.1: Enhance trust and accountability through open and transparent leadership	1.1.1: Leadership - Enhance leadership effectiveness, capacity, and ethical behaviour	1.1.1.1	Coordinate Council's annual policy review program, update and publish adopted policies
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.5	Issue annual/quarterly billing of rates and other charges
5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable	5.5: Provide continuous and sustainable water and sewerage management	5.5.1: Water supply - Provide a continuous water supply that is maintained in accordance with NSW Health guidelines	5.5.1.14	Asset Management Plans / Asset Management System

BYRON SHIRE COUNCIL

Notices of Motion 9.2

Notice of Motion No. 9.2 Let’s inform the Shire’s reading community

File No: I2022/1005

I move that Council:

1. Recognises the value:

a) of local independent media over corporate syndicated media, and

b) of local newspapers like the Byron Shire Echo; and

2. Negotiates with The Echo a weekly or fortnightly advertising block aimed at informing the Shire’s reading community about Council initiatives that involve them, including:

a) corporate plans including Council’s Community Strategic Plan, Resourcing Strategy, Delivery Plan, Budget and annual Operational Plan;

b) strategic plans and policies that will have a significant impact on residents, community, the environment, business or the economy;

c) land-use and development plans including our Local Environmental Plan, and Development Control Plans;

d) where legislation requires community notification or consultation;

e) Development Applications with notification level 2 or higher (for publishing at least 5 days before their public exhibition period begins);

f) vacancies on Advisory Committees and other groups that include community members, at least twice before the closing date for nomination; and

g) community documents like the Community Strategic and Operational Plans.

3. Receives a report in October 2022 on costs and form of a weekly or fortnightly advertising block in the Echo, and on funding sources for it.

Attachments:

1 Community Engagement Policy, E2018/10445

Signed: Cr Duncan Dey

Councillor’s supporting information:

The issue of advertising in The Echo has been raised perennially since it ceased four years ago. Several submissions to our Delivery Program 2022-23 ask for notifications to appear again in The Echo (see Report 4.3 to our Extraordinary meeting of 30 June, Attachment 5).

Advertising of DA’s in print media is no longer required by legislation. A review of Council practices has found the online DA tracker to be a more effective and efficient use of resources.

But the public doesn’t always know when to consult the DA Tracker. As demonstrated with the recent DA in Clifford Street Suffolk Park, it was a slow start for community as word spread after notification of the public exhibition period by letters to immediate neighbours.

Informing community is inherent to the philosophy of government. Council has various related Policies including our Community Engagement Policy as appended to this Motion. Many of the items included in my Point 2 above come from that policy.

In addition, our Communications & Social Media Policy opens its Introduction with:

Byron Shire Council recognises the important relationship it has with its community, the need to communicate clearly about those matters which affect them and the need to consult in meaningful ways when decisions need to be informed by community input.

Staff comments

by Heather Sills, A/ Manager Corporate Services, Corporate and Community Services Directorate:

For clarification, the statement that advertising in The Echo has ‘ceased’ is incorrect. Council regularly places paid advertisements in The Echo. Newspaper advertisements continue to be used where there is a demonstrated need and when budget allows.

Advertising in The Echo, or any other specified media, is considered as part of a holistic approach to strategic communication that includes a range of touch points for the community including social media, website, radio, and E news.

There are many examples of the types of advertisements suggested in the recommendation that have been published in recent editions of The Echo, for example:

a) corporate plans including Council’s Community Strategic Plan, Resourcing Strategy, Delivery Plan, Budget and annual Operational Plan;

Quarter page, display advertisements were published during the public exhibition period for the Community Strategic Plan on 6 April and 20 April, and the Delivery Program / Operational Plan on 18 May and 1 June.

b) strategic plans and policies that will have a significant impact on residents, community, the environment, business or the economy;

The recent Moving Byron Strategy public exhibition was advertised in The Echo.

c) land-use and development plans including our Local Environmental Plan, and Development Control Plans;

This is required in accordance with Council’s Community Participation Plan.

d) where legislation requires community notification or consultation;

This is complied with where legislation requires notification by newspaper.

e) Development Applications with notification level 2 or higher (for publishing at least 5 days before their public exhibition period begins);

In accordance with Council’s Community Participation Plan.

f) vacancies on Advisory Committees and other groups that include community members, at least twice before the closing date for nomination; and

Advertisements were placed calling for Advisory Committees twice during the original round of nominations and once again in the recent round of nominations resulting from vacancies.

Separate advertisements were also placed calling for nominations for 355 Committees.

g) community documents like the Community Strategic and Operational Plans.

As above in point a).

Other recent examples include advertisements about the Coastal Conference, Flood Inquiry, Lone Goat Gallery, community grants, leases, waste education, and road closures, among others.

Council generally has fairly high rates of engagement with the current approach to ‘integrated’ advertising in the Echo. Anecdotally, people report ignoring block advertising, which can result in every item within the advertising block being overlooked. In contrast, the display advertisements throughout the newspaper aim to draw the attention of the reader.

There is little evidence to indicate a widespread community desire for Council to revert to block advertising. Those that have indicated a desire for Council to reinstate block advertising have mostly been concerned with Development Application listings, however a review of Council practices has found the online DA tracker to be a more effective and efficient use of resources. Council should consider the cost benefit and willingness of the community to pay for block advertising where a more suitable solution exists.

Competitiveness Principle

Should Council resolve per the recommendation as worded it may confer a competitive advantage to a single supplier, which is in conflict of Council’s Procurement and Purchasing Policy Key Procurement Principle 3.6 Competitiveness, where “Council must ensure that all potential contractors or suppliers are afforded an equal opportunity to compete for all goods, works or services”

Council’s current approach considers value for money when determining what and how to advertise particular information. Council advertises across a range of mediums and publications that include other local businesses such as radio and the Bangalow Herald, as well as social media.

Resourcing

The website is Council’s primary avenue to communicate and do business with people. It is best practice for all information to be found on this website and for our community to use the website as their primary source of information about Council projects, issues etc.

Preparing a regular block advertisement will require staff resources to be diverted from other communication methods, which may result in a decreased level of service in those areas.

Further Report to Council

The intended purpose of the report to the October Meeting of Council is unclear, as decisions about how and where advertisements are placed are of an operational nature.

Financial/Resource/Legal Implications:

As outlined in the report.

Is the proposal consistent with any Delivery Program tasks?

CSP Objective	CSP Strategy	DP Action
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.2: Engage and involve community in decision making	1.2.2: Communication - Provide timely information to the community about Council projects and activities through traditional and digital media

BYRON SHIRE COUNCIL

Notices of Motion 9.7

Notice of Motion No. 9.7 North Byron Parklands - Splendour in the Grass 2022

File No: I2022/1014

I move:

1. That Council writes to Anthony John Roberts MP, Minister for Planning and Minister for Homes, and to the Independent Planning Commission as the declared consent authority that approved the development application (SSD 8169) for the North Byron Parklands site (applicant Billlinudgel Property P/L) and conveys the following concerns regarding Splendour in the Grass 2022:

a) Council notes the many negative impacts created by Splendour in the Grass (SITG) event and the effect of the festival on patrons, Byron Shire residents and businesses

b) Since the time of the trial period, several resolutions (including 17-376 and 18-834) of Council have expressed multiple concerns surrounding the approval process and the final permanent approval given to the owners of the site to hold increasingly larger, and more frequent, events at the site. These concerns remained unheeded and many of them have now been realised at this latest SITG event

c) Council has never supported the use of the site as per the 2019 approval determined by the Independent Planning Commission and in particular wishes to reiterate Resolution 18-834 of 13 December 2018:

1. That Council does not currently support the proposal including the increase in attendance numbers, event types, and event days on the North Byron Parklands site beyond what has already been approved until its concerns as raised within its submission are satisfied

2. That Council writes to advise the Department of Planning and the Independent Planning Commission of this position

3. That Council does not support DOP’s recommendation with respect to Parklands’ self-monitoring of compliance;

4. That Council proposes that any consideration of ongoing events must include an independent monitoring process, with the involvement of Council

5. That Council’s costs for monitoring should be funded by the applicants

6. That this monitoring needs to be used as part of the Planning Secretary’s ongoing compliance

7. That the original trial approval was that Council would be the consent authority at the end of the trial period and that this condition should remain;

d) Council is deeply concerned by the following unacceptable impacts of SITG 2022 on the Byron Shire community:

· traffic queues onto the site extending for several kilometres onto the M1 posed a danger to motorists

· traffic delays of several hours impacted people who had to reach other destinations

· social amenity was severely affected – traffic blockages inhibited people in several ways including being unable to reach their homes, visit local business and to pick up children from schools – many waited several hours in cars with children -- and school buses were held up for several hours,

· loss of business – businesses in many parts of the Shire’s capacity to operate was reduced due to the traffic impacts and inability of customers to reach them

· businesses who could have relied on SITG patrons reported lost business as the mud and water on the site, and the traffic delays, prevented SITG patrons from visiting other parts of the Shire

e) Council is very concerned about the safety of this event, and future events, on the site, with regard to, but not limited to, the following issues as widely recorded by medical staff in local hospitals and clinics, and patrons and witnesses at SITG:

· serious injuries such as broken bones, sprains and staph infections occasioned by the muddy conditions

· the ‘super-spreader’ effect of COVID and other viral infections that emerged during and after the event that not only threaten health of patrons but impact on the operation of businesses and schools Shire-wide and beyond when carried back to patrons’ homes in other locations

· inadequate crowd management in the stage/tent areas resulting in falls, injuries and patrons fainting

· inadequate provision of first aid or medical support and use of untrained security staff in lieu of first aid personnel

· lack of readily available drinking water despite the widespread provision of alcohol sales

· excessive toilet queues and overflowing toilets resulting in widespread urinating and defecating on the ground with the potential for the spread of illness;

f) Council has serious concerns about the adequacy and impacts of the onsite sewage management system, given patrons’ witnessing of overflowing toilets. Combined with the high water flow across the flooded site, urination and defecation outside of the toilet areas, these factors create the potential for serious contamination of the SEPP (Coastal Management 2018) wetland and resultant deleterious effects on the local ecology;

g) Council continues to have concerns about environmental impacts on and adjacent to the site, in particular the Billinudgel Nature Reserve.

h) Council has concerns about self-monitoring of the site by its owners, which is not independent. Compliance monitoring of events on the site as compliance reports, provided by the North Byron Parklands under NBP’s self-monitoring regime, are at odds with local residents’ and patrons’ reports of compliance breaches.

2. That Council requests the Minister to:

a) instigate an independent review of SITG 2022 with reference to, but not limited to, ecological impacts, health and safety, social impacts, public amenity, business impacts, and any other impacts on the Shire;

b) recognise that Council is the key stakeholder for the community and should contribute to determining the terms of any review;

c) consider the findings of the review as a basis for the manner in which further events may occur on the site.

3. That Council seeks community feedback on any impacts of SITG 2022 as per (2a) to inform any review of the event and to assist in future recommendations

Attachments:

1 Supporting information to NoM - Splendour in the Grass - Redacted, E2022/78193

Signed: Cr Cate Coorey

Councillor’s supporting information:

See Attachment 1 Supporting Information.

Staff comments

by Shannon Burt, Director, Sustainable Environment and Economy:

The Notice of Motion proposes that Council write directly to the relevant Minister in relation to the recent Splendour in the Grass (SITG) 2022 event about the issues raised in points 1a-h.

It also proposes that Council request the Minister to consider instigating an independent review of the SITG 2022 event as per points 2a-c.

Whether an independent inquiry is convened or not will be at the discretion of the relevant Minister.

Point 3 suggests that Council seeks community feedback on any impacts of SITG 2022 as per point (2a) to inform any review of the event and to assist in future recommendations.

Given the nature of event i.e., state significant development, and the relevant approval and primary regulatory bodies i.e., state government, this responsibility should sit with them not Council. It should also be noted that the engagement/feedback exercise proposed is not currently scoped or resourced.

Notwithstanding the above, in March 2019, the NSW Independent Planning Commission granted Development Consent for undertaking a number of events on a permanent basis at the North Byron Parklands venue, where SITG is held. These consent conditions required the establishment of a Regulatory Working Group (RWG).

To this aim, the North Byron Parklands RWG has been operating for many years to review environmental management and community relations.

Members include the NSW Police, Byron Shire Council, Tweed Shire Council, Roads and Maritime Services, Rural Fire Service, State Emergency Service, Office of Environment and Heritage and National Parks and Wildlife Service.

A community representative from both Tweed and Byron local government areas also sits on the RWG and are appointed by their respective Councils through an expression of interest process.

The last RWG meeting was held in February 2022. Minutes can be found here: http://northbyronparklands.com/2017/docs/RWG/minutes/RWG%20Minutes%20Final%2020.05.22.pdf An update to the RWG was provided at that meeting on the plans for SITG 2022 event.

The RWG provides Council and community through member representatives the most immediate forum to receive and give feedback to the organisers of SITG.

The next RWG meeting is scheduled for 24 August 2022. SITG management will be in attendance to provide details and participate in discussions regarding the recent festival.

Financial/Resource/Legal Implications:

Point 3 of the Notice of Motion is not currently scoped or resourced.

Is the proposal consistent with any Delivery Program tasks?

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.1: Foster opportunities to express, celebrate and participate in arts and cultural activity	2.1.3: Events and festivals - Support and enable arts & cultural activity, festivals, projects, and events	2.1.3.9	Collaborate with government, agency and industry on policy and legislative reforms

BYRON SHIRE COUNCIL

Submissions and Grants 11.1

Submissions and Grants

Report No. 11.1 Grants June/July 2022

Directorate: Corporate and Community Services

Report Author: Donna Johnston, Grants Coordinator

File No: I2022/988

Summary:

Council has submitted applications for several grant programs which, if successful, would provide funding to enable the delivery of identified projects. This report provides an update on grant applications.

RECOMMENDATION:

That Council notes the report and Attachment 1 (#E2022/75968) for Byron Shire Council’s grant submissions as at 31 July 2022.

Attachments:

1 Grant submissions as at 31 July 2022, E2022/75968

Report

Currently Council has 15 grant submissions awaiting determination (refer Grants Report July 2022 (Attachment 1).

Successful applications

Flood Recovery Funding

Council has been notified of the following funding allocations as a result of the AGRN1012 Flood event:

1. NSW Local Land Services - Addressing priority flood impacts in Byron Shire $200,000 (exc gst). Addressing riparian erosion.

Unsuccessful applications

NSW Department of Criminal Justice – Graffiti Removal Program ($80,000). Only five $80,000 grants awarded for NSW. Funding program oversubscribed

Applications submitted

Funding body	Funding scheme	Project name	Total project value $	Amount requested $	Council co-contribution $
Resilience NSW	Disaster Risk Reduction Funding	Automated Flood Signs	$300,000	$300,000	$0
NSW Crown Lands	Crown Reserve Improvement Fund 2022-23	South Beach Road (Brunswick Heads) public amenities	$350,000	$280,000	$70,000

Upcoming grant opportunities

Regional NSW – Business Case and Strategy Development Fund | NSW Government

The $24 million Regional NSW - Business Case and Strategy Development Fund supports local councils, joint organisations of councils, not-for-profit, industry and Aboriginal community groups with funding to develop business cases or strategies for regionally significant projects and initiatives.

The subject of the business case or strategy must have the potential to deliver significant economic or community benefits to residents and businesses in two or more local government areas in regional NSW.

Staff considered submitting an application for the Byron Shire Rail with Trail, however, following advisement of the Northern Rivers Joint Organisation (NRJO) submitting an application for the whole Northern Rivers trail, it was determined not to proceed. The decision was based on the unlikelihood of two applications being awarded. The Byron Shire component will consider options for Rail with Trail for the Mullum to Byron and Mullum to Bangalow segments. Staff will assist with the NRJO application as required.

Fixing Local Roads Round 4 – Transport for NSW

Councils can apply for funding to complete vital works to improve journeys on local roads which are used by regional communities every day, making journeys for locals, farmers and freight safer, more efficient and more reliable.

The benefits and connections need to stimulate the economy and promote the social wellbeing of communities. Better roads mean improved access to schools, towns, hospitals and jobs, increased efficiencies for our primary producers, easier movement of freight and better outcomes for road safety in regional and rural communities.

Staff are currently prioritising a program of works to submit. Past successful programs have included Mullumbimby and Ocean Shores reseal program, Koonyum Range Road and National Parks adjoining roads.

Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) | Transport for NSW

CPTIGS provides subsidies to support the construction or upgrade of bus stop infrastructure (generally owned and maintained by local councils) across country NSW. A maximum of $11,500 is available per new bus shelter and $2,500 for upgrades.

Coastal and estuary grants | NSW Environment and Heritage

The 2022–23 funding round for the planning stream is open. Council will be submitting an application later in the financial year.

Funding for the implementation stream is open and closes at 5 pm on 14 September 2022. Council currently does not have a suitable project.

Stronger Country Communities Fund - Round 5 | NSW Government

The Stronger Country Communities Fund (SCCF) Round 5 will see a further $160 million in funding for community projects that increase the wellbeing of regional NSW communities, including up to $50 million for projects delivered by community organisations. Council staff are currently considering potential project nomination/s.

Multi-Sport Community Facility Fund | NSW Government

The NSW Government has committed $200 million to the Multi-Sport Community Facility Fund, recognising the critical role local sport infrastructure plays in keeping communities healthy, active and connected.

The grant amount requested by an applicant must be a minimum of $1 million and cannot exceed $5 million. All applications are expected to provide a minimum 50% financial co-contribution of the grant amount.

Regional Tourism Activation Fund - Round 2 | NSW Government

The $150 million Regional Tourism Activation Fund - Round 2 supports the development of high impact tourism infrastructure projects that increase visitation, expenditure and extend length of stay for visitors to regional NSW.

25% matching contribution is required. Co-contributions towards projects cannot be made using funding received from the NSW Government, with the exception of co-contributions towards projects that are proposed to be developed and delivered in partnership with a NSW Government agency. For example, a project led by a local council cannot use funding received through a previous NSW Government grant program towards their co-contribution.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.9	Coordinate grant applications to support the delivery of Council projects and services within management plans, masterplans, strategic plans, council resolutions and high priority actions from feasibility studies; and support the management of successful grants

Legal/Statutory/Policy Considerations

Under section 409 3(c) of the Local Government Act 1993 Council is required 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.

Financial Considerations

If Council is successful in obtaining the identified grants, this would bring funding sought to approximately $52.4 million 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. Please note that the Bioenergy Byron Facility has been submitted under two different funding programs; both are included in the total value below.

The potential funding is detailed below:

Requested funds from funding bodies $19,673,966

Council Contribution Cash $32,834,214

Council Contribution In-Kind $10,000

Other contributions $0

Funding applications submitted and

awaiting notification (total value) $52,438,180

Consultation and Engagement

Cross-organisational consultation has occurred in relation to the submission of relevant grants, and the communication of proposed grant applications.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1

Staff Reports - General Manager

Report No. 13.1 Lease to Byron Visitors Centre Incorporated

Directorate: General Manager

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2022/717

Summary:

The Byron Visitors Centre Incorporated requests a new five-year lease to occupy the premises at part Folio 1/827049, 80 Jonson Street Byron Bay for the purpose of a visitor information centre.

This report recommends a new lease is granted.

RECOMMENDATION:

1. That Council notes that no submissions were received from public notice of a proposed five-year lease over part Folio 1/827049, 80 Jonson Street Byron Bay advertised between 22 June and 19 July 2022.

2. That Council grants a five-year premise lease over part Folio 1/827049, 80 Jonson Street Byron Bay to the Byron Visitors Centre Incorporated on the following terms and conditions:

a) term of two-years with an option of three-years with no holding over,

b) annual rent to be fully subsided via a section 356 donation of Council to the value of $69,600 being calculated at 6% of the unimproved land value,

c) fixed rates and charges to be fully subsidised in accordance with Councils Section 356 Donations Rates and Charges Policy 2021,

d) Lessee to pay all other outgoings for occupation of the premises including but not limited to public liability insurance and contents insurance for full replacement value,

e) Lessor to be responsible for annual fire safety inspections, annual pest inspections and controls and all structural repairs, renewals, and replacements,

f) closed circuit television equipment installed in the Premises is owned and managed by the Byron Shire Council.

g) Council to waive document preparation fees as set by Councils 2022-2023 Fees and Charges.

Report

The Byron Visitors Centre Incorporated (‘BVC Inc’) holds a lease over part Folio 1/827049, 80 Jonson Street Byron Bay for the purpose of a visitor information centre. The lease expires on 30 September 2022.

BVC Inc requests a new two-year lease with option of three-years to commence 1 October 2022.

Land

Folio 1/827049 was acquired by Byron Shire Council from NSW State Rail on 13 April 1993.

Folio 1/827049 is classified as community land and categorised for general community use. The Plan of Management over the land requires the building on the land, colloquially known as the Old Station Masters Cottage, (‘the Premises’) to be used as a professional visitor information centre.

Use of the Premises on Folio 1/827049 for a visitor information centre is permitted without consent in accordance with clause 2.73(3)(a)(iii) of the State Environment Planning Policy (Transport and Infrastructure) 2021 being development carried out by or on behalf of Council on a Council owned public reserve.

Background

Council created a committee in 1996 to manage Folio 1/827049. The committee subsequently leased the Premises to the Byron Environmental Centre in 1996 to supply a visitor information service for Byron Bay.

In 1997, as result of a tender process, Council granted a two-year lease to Byron Shire Tourism Association and Byron Bay Chamber of Commerce to provide a visitor information services from the Premises.

In late 2002 Council resolved (02-1234) to transfer the lease from Byron Shire Tourism Association and Byron Bay Chamber of Commerce to BVC Inc. The resolution called for fully subsidised rent and annual fixed rates and charges via a section 356 of the Local Government Act 1993 (NSW), donation of Council. The Lessee to cover all remaining outgoings.

The decision to offer the lease at fully subsidised rent was given in response to Councils relatively low financial contribution towards tourism management in the Shire at that time. In addition to difficulties for a Lessee to generate sufficient income to meet market rent and other outgoings exceeding $50,000 per annum on land classified as community land. The survival of the Lessee was considered paramount given the very high demand for visitor information services in Byron Bay at that time.

In 2004, following an Expression of Interest, Council resolved (04-553) to offer BVC Inc a new three-year lease with a two-year option. BVC Inc. has continually occupied the Premises via successive five-year leases since 2004.

BVC Inc. currently operates the Byron Bay Visitor Information Centre six days per week providing a valuable conduit and community resources for visitors, locals, and businesses.

The relocation of the bus interchange and upgrade of park lands surrounding the Centre has greatly assisted in making the Centre more welcoming and visible. The Centre is the second busiest Information Centre in New South Wales.

In addition to greeting, educating, directing, and advising scores of visitors each day, BVC Inc also promotes many local businesses to visiting tourists and assists many locals to book travel and accommodation online.

BVC Inc currently has a strong team of 20 volunteers taking great pride in offering a fantastic visitor experience while promoting all things the Byron Shire has to offer.

Direct Negotiation

Section 55(3)(e) of the LGA provides the authority for Council to directly negotiate a new five-year lease over community land to BVC Inc.

Rent

The report recommends that the proposed lease is offered at fully subsidised rent. BVC Inc being a not-for-profit organisation is eligible for subsidised rent in accordance with Councils Leasing and Licensing Policy 2021.

In accordance with that Policy subsidised rent is calculated at 6% of the unimproved capital value of the land being at $69,600 per annum.

Terms and conditions of the proposed Lease

In accordance with Councils Leasing and Licensing Policy, terms, and conditions of the proposed lease will include:

a) term of two-years with an option of three-years with no holding over,

b) annual rent to be fully subsided via a section 356 donation of Council to the value of $69,600 being calculated at 6% of the unimproved land value,

c) fixed rates and charges to be fully subsidised in accordance with Councils Section 356 Donations Rates and Charges Policy 2021,

d) Lessee to pay all other outgoings for occupation of the premises including but not limited to public liability insurance and contents insurance for full replacement value,

e) Lessor to be responsible for annual fire safety inspections, annual pest inspections and controls and all structural repairs, renewals, and replacements,

f) closed circuit television equipment installed in the Premises is owned and managed by the Byron Shire Council.

g) Council to waive document preparation fees as set by Councils 2022-2023 Fees and Charges.

Public Notice

In accordance with s47A of the LGA Council gave public notice of the proposed lease to the BVC Inc between 22 June and 19 July 2022. Council received no submissions.

In accordance with s47(4) of the LGA, Council note that no submissions were received from the public notice. That Council grant the proposed lease as recommended in this report.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.5: Empower community leadership through collaboration, capacity building, and cultivating community driven initiatives	1.5.1: Community grant programs - Provide financial assistance and grants to empower community groups and organisations to deliver priority projects	1.5.1.2	Deliver funding and support for community groups

Recent Resolutions

Nil.

Legal/Statutory/Policy Considerations

Local Government Act 1993 (NSW)

s47 Leases, licences, and other estates in respect of community land—terms greater than 5 years

(1) If a council proposes to grant a lease, licence, or other estate in respect of community land for a period (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) exceeding 5 years, it must:

(a) give public notice of the proposal (including on the council’s website), and

(b) exhibit notice of the proposal on the land to which the proposal relates, and

(c) give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and

(d) give notice of the proposal to any other person, appearing to the council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

(2) A notice of the proposal must include:

• information sufficient to identify the community land concerned

• the purpose for which the land will be used under the proposed lease, licence, or other estate

• the term of the proposed lease, licence or other estate (including particulars of any options for renewal)

• the name of the person to whom it is proposed to grant the lease, licence, or other estate (if known)

• a statement that submissions in writing may be made to the council concerning the proposal within a period, not less than 28 days, specified in the notice.

(3) Any person may make a submission in writing to the council during the period specified for the purpose in the notice.

(4) Before granting the lease, licence or other estate, the council must consider all submissions duly made to it.

s47A Leases, licences and other estates in respect of community land—terms of 5 years or less

(1) This section applies to a lease, licence or other estate in respect of community land granted for a period that (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) does not exceed 5 years, other than a lease, licence or other estate exempted by the regulations.

(2) If a council proposes to grant a lease, licence or other estate to which this section applies:

(a) the proposal must be notified and exhibited in the manner prescribed by section 47, and

(b) the provisions of section 47 (3) and (4) apply to the proposal, and

(c) on receipt by the council of a written request from the Minister, the proposal is to be referred to the Minister, who is to determine whether or not the provisions of section 47 (5)–(9) are to apply to the proposal.

(3) If the Minister, under subsection (2) (c), determines that the provisions of section 47 (5)–(9) are to apply to the proposal:

(a) the council, the Minister and the Director of Planning are to deal with the proposal in accordance with the provisions of section 47 (1)–(8), and

(b) section 47 (9) has effect with respect to the Minister’s consent.

Financial Considerations

This report recommends that the lease is offered at fully subsidised rent.

Annual rent to be calculated in accordance with Councils Leasing and Licensing Policy 2022 at 6% of the unimproved land value being $69,600. That rent to be subsidised via a s356 of the LGA donation of Council.

Consultation and Engagement

Public notice of the proposed five-year lease was advertised on Council’s website between 22 June and 19 July 2022. No submissions were received.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.2

Report No. 13.2 Licence to RBA Holdings Pty Ltd

Directorate: General Manager

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2022/731

Summary:

RBA Holdings Pty Ltd (A.C.N. 144 070 986) requests a new five-year licence with option of five-years to provide and operate digital black spot television re-transmission equipment at Warrambool Road Ocean Shores, part Folio 1/735732.

This report recommends the proposed licence is granted.

RECOMMENDATION:

That Council authorises the General Manager, under delegated authority, to grant a licence with RBA Holdings Pty Ltd (A.C.N 144 070 986) on the following terms and conditions:

a) part Folio 1/735732, Warrambool Road Ocean Shores,

b) term five-years with option of five-years with no holding over,

c) annual rent set at $1 if demanded,

d) Licensee to own all digital re-transmission equipment and to have unlimited access to the site,

e) Licensor to maintain, at its cost, access to the site, the equipment shed, mains power connection and all usage costs, an air-conditioner, a transmission tower, and security fencing, and

f) Council to waive document preparation fees as set by its 2022-2023 Fees and Charges.

Report

RBA Holdings Pty Ltd (A.C.N 144 070 986) (‘RBAH’) holds a Licence over part Folio 1/735732, Warrambool Road Ocean Shores for the purpose of installing and operating a free to air digital re-transmission station for the purpose of eradicating black spot television reception in Ocean Shores.

RBAH requests a new five-year licence with option of five-years.

Land

Folio 1/735732, Warrambool Road Ocean Shores is known as the Tongarra Reservoir site being Council owned land classified as operational. The Tongarra Reservoir is an operational reservoir.

Background

In 2000 the Commonwealth Government launched a $35 million “Television Black Spots Program” to overcome black spot television reception areas across Australia. Funding was available for upgrades to existing sites and the creation of new re-transmission sites across Australia.

Council at that time did not have the resources available to establish new re-transmission sites in the Shire. Instead, Council accepted an offer from Australian Broadcasting Services Pty Ltd to assist with resources needed to meet the funding criteria by:

· obtaining analogue frequencies required to start up new re-transmission facilities,

· negotiate access to existing transmission facilities for the installation of re-transmission equipment, and

· to supply and install re-transmission equipment up to $25,000 per site.

Council resolved (01-46):

1. That Council apply for assistance under the Commonwealth Government’s Television Black Spots Program as a Coordinating body for the Mullumbimby Creek area, along with any other areas in the Shire as they arise.

2. That Council utilise the services of Australian Broadcasting Services to undertake the submission(s) process.

3. That Council advise the Television Fund Unit in Canberra, that Council will act as Coordinating Body for the full region identified in the original “Rosebank” submission in order to determine eligibility only.

4. That in the event Council is successful in its claim for assistance, staff are to prepare a further report to Council on the financial and other implications of the project.

5. That Council write to the Federal Minister for Communications and the local Federal Member advising that it believes that the provision of this infrastructure is a Federal Government responsibility.

Re-transmission facilities for analogue television reception were established at:

· Byron Bay/Suffolk Park – Patterson St,

· Ocean Shores – Tongarra Reservoir, and

· Mullumbimby – Scotts Wood Grove.

Council entered into a Memorandum of Understanding with Australian Broadcasting Services Pty Ltd for the supply of agreed resources. The Memorandum required Council, at its cost, to supply and maintain mains power connections, equipment sheds, air-conditioning and transmission towers at all sites.

In 2012 Regional Broadcasting Australia mandated an upgrade to the Byron Bay and Ocean Shores re-transmission sites for digital television. The Mullumbimby site was considered unviable for an upgrade due to costs outweighing community needs. Affected Mullumbimby residents were instead offered access to Viewer Access Satellite Television via a Satellite Subsidy Scheme.

Council contracted with RBAH under a 10-year licence to upgrade remaining re-transmission sites to digital services, at no cost to Council.

RBAH has requested a new five-year licence with option of five-years over the Ocean Shores site to commence 10 September 2022. RBAH will continue to occupy the Byron Bay site under holding over provisions of its current licence until the future of the Paterson Street Reservoir is determined.

Direct Negotiation

Section 55(3)(e) of the LGA provides authority to directly negotiate the proposed lease with RBAH without a tender invitation.

Rent

RBAH is funded by regional broadcasters excluding SBS for the provision of digital re-transmission technology to overcome black spot television reception in regional areas. RBAH is constituted not to make a profit.

Council previously resolved to grant RBAH a licence at peppercorn rent given the significant community interest and benefit in eradicating free to air digital black spot television reception in Ocean Shores.

This report recommends that annual rent is again fully subsidised. The rational being that if RBAH were to terminate its interests in the sites, then Council would need to either fund and operate a free to air digital re-transmission station or contract with another provider to eradicate black spot television reception areas in Ocean Shores.

Terms and conditions of new Licence

The new licence over the Ocean Shores site is proposed to be offered on the following terms and conditions:

a) part Folio 1/735732, Warrambool Road Ocean Shores,

b) term five-years with an option of five-years with no holding over,

c) annual rent set at $1, if demanded,

d) Licensee to own all the digital re-transmission equipment and to have unlimited access to the site,

e) Licensor to maintain, at its cost, access to the site, an equipment shed, main power connection and usage costs, air-conditioning, transmission tower and security fencing, and

f) Council to waive document preparation fees as set by its 2022-2023 Fees and Charges.

The report recommends a new licence is offer to RBA Holdings Pty Ltd on terms set out in this report.

Public Notice

Council was not required by legislation to publicly advertise the proposed licence for public comment.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

Code

OP Activity

5: Connected Infrastructure
We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable

5.3: Invest in renewable energy and emerging technologies

5.3.4

Telecommunications - Advocate for more disaster resilient communication networks

Not applicable.

Recent Resolutions

Nil.

Legal/Statutory/Policy Considerations

Nil.

Financial Considerations

This report recommends that the proposes licence to RBAH is granted at fully subsidised rent. The rational being the cost to Council for the rent subsidy is less than the cost to Council to operate its own re-transmission station or to tender for another operator to provide a digital re-transmission station to eradicate black spot television reception in Ocean Shores.

Consultation and Engagement

Council was not required to publicly advertise the proposed licence for public comment.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.3

Report No. 13.3 General Manager Delegation - Procurement

Directorate: General Manager

Report Author: Alexandra Keen, Strategic Contracts & Procurement Coordinator

Ralph James, Legal Counsel

File No: I2022/918

Summary:

This report seeks Council approval to:

a) amend the General Manager’s current delegations for acceptance and rejection of tenders, and

b) resolve that tenders are not required for flood related response and recovery works with a value of up to $1 million (GST exclusive).

RECOMMENDATION:

That Council:

1. pursuant to s377(1) of the Local Government Act 1993 increases the delegation to the General Manager with respect to accepting or rejecting tenders to $1 million (excluding GST), and $2 million (excluding GST) for contracts relating to flood response and recovery, subject to the limitation in s377(1)(i) of the Local Government Act 1993

2. pursuant to s55(3)(i) of the Local Government Act 1993 endorses for the reasons set out below, that, up until 22 February 2023, the requirements for tendering do not apply to contracts with an expected value of up to $1 million (excluding GST) which are primarily for the purpose of flood response and recovery:

a) There are still significant recovery works underway, including works associated with hinterland access and remediation, associated with the February 2022 natural disaster event, which require specialist expertise or would benefit from the continued work of current contractors in order for works to be completed in a timely manner.

b) The negative impact on the local community that the loss of access to infrastructure is having including impacts to food, housing, social connection/activities, education, work, and medical access.

c) The local market conditions where there is a high demand for contractors and materials/goods in light of neighbouring shires in the Northern Rivers and Southern Queensland also being extensively impacted by the February 2022 flood event.

Attachments:

1 General Manager Delegations, e2022/57999

2 s377 Local Government Act 1993, e2022/64978

3 s55 Local Government Act 1993, e2022/70651

Report

The cost of many contracts for the supply of goods and services has increased significantly in the past 12 months due to changed market conditions from natural disasters and the continued supply chain issues associated with COVID-19. The wide‑spread impacts of the February 2022 flood event, in particular, has reduced the availability of many contractors and goods in the local market.

Provisions withing the Local Government Act 1993 (Act) and Local Government Regulations 2021 (Regs) can be relied upon to expedite procurement processes during extenuating circumstances such as those being experienced by Byron Shire Council.

This report seeks Council approval to:

a) amend the General Manager’s current delegations for acceptance and rejection of tenders, and

b) resolve that tenders are not required for flood related response and recovery works with a value of up to $1 million (GST exclusive).

General Manager Delegation

Currently the General Manager’s delegations permit the General Manager to accept tenders up to a value of $250,000 (GST inclusive) or up to $500,000 for repair or recovery works primarily associated with declared natural disasters, BSC113 (see Attachment 1). The increase in expenditure (to $500,000) for declared natural disasters was recently introduced to the Local Government (General) Regulation 2021 via Clause 170A. This clause can be relied upon until 22 February 2023 (being 12 months from the date of the natural disaster declaration for the February 2022 Flood Event).

At present, Council must resolve to accept or reject tenders for contracts above these amounts.

Many neighbouring councils have sought to increase the delegated tender acceptance amount to their General Manager, to enable more effective and efficient responses to tenders. For example Tweed Shire Council, at its 16 June 2022 meeting, resolved to allow the General Manager to accept tenders for contracts of a value of $1 million (excluding GST) and $3 million (excluding GST) for contracts relating to flood restoration tenders.

To avoid delays in the procurement process and reduce the impact on the community, it is recommended that Byron Shire Council increase the General Manager’s delegations to permit accepting or rejecting tenders:

· up to $1 million (excluding GST); and

· up to $2 million (excluding GST) for contracts relating to flood response and recovery

Any tenders above these values will be reported to Council for resolution.

Tendering Requirements

The threshold for exemption of the tendering requirements of $250,000 contained in s55(3)(n)(1) of the Local Government Act 1993 was assented to in June 2019. Since this time the market conditions have changed significantly, and with interest rate rises it is further expected to adversely impact prices for contractors and goods/materials.

The extenuating circumstances being experienced by neighbouring councils, such as Tweed Shire Council, are also present in the Byron Shire Council markets due to its regional locality and limited availability of competitive or reliable tenders. In particular:

1. There are still significant recovery works underway, including works associated with hinterland access and remediation, associated with the February 2022 natural disaster event, which require specialist expertise or would benefit from the continued work of current contractors in order for works to be completed in a timely manner.

2. The negative impact on the local community that the loss of access to infrastructure is having including impacts to food, housing, social connection/activities, education, work, and medical access.

3. The local market conditions where there is a high demand for contractors and materials/goods in light of neighbouring shires in the Northern Rivers and Southern Queensland also being extensively impacted by the February 2022 flood event.

If Byron Shire Council is to remain competitive in the market where neighbouring councils are adapting their approaches to procurement, it is proposed that Council resolve to not apply the tendering requirements for flood response and recovery contracts with a value of up to $1 million (excluding GST) in accordance with s55(3)(i) of the Local Government Act 1993 (Attachment 3) up until 22 February 2023, being 12 months from the date of the natural disaster declaration (and in line with clause 170A of the Local Government (General) Regulation 2021).

The removal of the tendering requirement as set out above, does not exempt Council from the requirement to follow a robust procurement process involving requests for quotation to ensure value for money and a competitive approach for seeking goods and services.

Next steps

If Council resolves to accept the changes proposed in this report, the Governance and Internal Audit Coordinator will update the General Manager’s delegations, and this and any supported tendering changes will be communicated to staff.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.1: Enhance trust and accountability through open and transparent leadership	1.1.2: Governance - Ensure legislative compliance and support Councillors to carry out their civic duties	1.1.2.2	Maintain, publish and report on relevant registers including delegations, Councillors and designated staff disclosures of interests, Councillor and staff gifts and benefits, and staff secondary employment.
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.4: Procurement - Ensure Council's procurement framework is robust, efficient, and effective	1.3.4.1	Investigate and implement initiatives to build internal capacity in effective procurement and contract management

Recent Resolutions

· 22-311 Review of Council Delegations

Legal/Statutory/Policy Considerations

Section 377(1) of the Local Government Act 1993 allows a council, by resolution, to delegate to the General Manager or any other person functions of the Council under the Local Government Act 1993, with the only limitation for tendering under subsection 377(1)(i) in respect of accepting tenders for services currently provided by members of staff of the council (Attachment 2).

Section 55(3)(i) permits that tenders need not be invited for a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders.

Financial Considerations

Nil.

Consultation and Engagement

Not applicable.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5

Report No. 13.5 Council Investments - 1 June 2022 to 30 June 2022

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2022/843

Summary:

This report includes a list of investments and identifies Council’s overall cash position for the period 1 June 2022 to 30 June 2022 for information.

This report is prepared to comply with Section 212 of the Local Government (General) Regulation 2021.

RECOMMENDATION:

That Council notes the report listing Council’s investments and overall cash position as at 30 June 2022.

Report

Council has continued to maintain a diversified portfolio of investments. As of 30 June 2022, the average 90-day bank bill rate (BBSW) for the month was 1.60%. Council’s performance for June 2022 was 1.28%.

As investments mature Council should begin to see increased rates due to the recent Reserve bank increase in cash rates. The table below identifies the investments held by Council as at 30 June 2022:

Schedule of Investments held as at 30 June 2022

Purch Date		Principal ($)				Description	CP*		Rating	Maturity Date	No Fossil Fuel	Type	Int. Rate	Current Value ($)
15/11/18		1,000,000.00				NSW Treasury Corp (Green Bond)	N		AAA	15/11/28	Y	B	3.00%	942,150.00
20/11/18		1,000,000.00				QLD Treasury Corp (Green Bond)	N		AA+	22/03/24	Y	B	1.18%	997,040.00
28/03/19		1,000,000.00				National Housing Finance & Investment Corporation	Y		AAA	28/03/29	Y	B	2.38%	901,630.00
21/11/19		1,000,000.00				NSW Treasury Corp (Sustainability Bond)	N		AAA	20/03/25	Y	B	1.25%	938,600.00
27/11/19		500,000.00				National Housing Finance & Investment Corporation	Y		AAA	27/05/30	Y	B	1.52%	408,615.00
06/09/21		1,000,000.00				Northern Territory TCorp	N		Aa3	15/12/26	Y	B	1.40%	1,000,000.00
16/09/21		1,000,000.00				QLD Treasury Corp (Green Bond)	N		AA+	02/03/32	Y	B	1.50%	928,180.00
15/06/21		500,000.00				National Housing Finance & Investment Corporation	Y		AAA	01/07/31	Y	FRN	0.41%	501,490.00
04/11/21		2,000,000.00				NAB	P		AA-	04/11/22	N	TD	0.45%	2,000,000.00
09/12/21		2,000,000.00				NAB	N		AA-	05/09/22	N	TD	1.75%	2,000,000.00
17/12/21		2,000,000.00				NAB	N		AA-	19/12/22	N	TD	0.72%	2,000,000.00
05/01/22		2,000,000.00				NAB	N		AA-	04/07/22	N	TD	0.52%	2,000,000.00
20/01/22		1,000,000.00				Westpac (Tailored)	P		AA-	20/01/23	N	TD	0.79%	1,000,000.00
31/01/22		1,000,000.00				NAB	N		AA-	29/08/22	N	TD	1.60%	1,000,000.00
22/02/22		1,000,000.00				Macquarie Bank Ltd	P		A	23/08/22	N	TD	0.65%	1,000,000.00
25/02/22		1,000,000.00				Macquarie Bank Ltd	N		A	25/08/22	N	TD	0.65%	1,000,000.00
08/03/22		2,000,000.00				Suncorp	P		A+	05/09/22	Y	TD	0.52%	2,000,000.00
09/03/22		2,000,000.00				NAB	N		AA-	06/09/22	N	TD	1.85%	2,000,000.00
29/4/2022		2,000,000.00				NAB	N		AA-	28/07/2022	N	TD	1.05%	2,000,000.00
04/05/22		2,000,000.00				NAB	N		AA-	02/08/22	N	TD	1.20%	2,000,000.00
20/05/2022		2,000,000.00				NAB	N		AA-	16/11/2022	N	TD	2.05%	2,000,000.00
31/05/2022		2,000,000.00				NAB	N		AA-	29/08/2022	N	TD	1.60%	2,000,000.00
7/6/2022		1,000,000.00				Macquarie Bank Ltd	N		A	6/9/2022	N	TD	1.77%	1,000,000.00
15/6/2022		2,000,000.00				NAB	N		AA-	13/9/2022	N	TD	2.15%	2,000,000.00
28/6/2022		2,000,000.00				NAB	N		AA-	26/10/2022	N	TD	2.52%	2,000,000.00
N/A		15,324,274.65				CBA Business Saver	N		AA-	N/A	N	CALL	0.70%	15,324,274.65
N/A		4,636,655.83				CBA Business Saver – Tourism Infrastructure Grant	N		AA-	N/A	N	CALL	0.95%	4,636,655.83
N/A		18,059,526.79				Macquarie Accelerator Call	N		A	N/A	N	CALL	0.90%	18,059,526.79
Total		74,020,457.27										AVG	1.28%	73,638,162.27
	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 (ESRI)

An additional column has been added to the schedule of Investments 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 which can be found on Council’s website.

Council has one investment with a financial institution that invests in fossil fuels but is nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

1. $1,000,000 investment with Westpac Bank maturing on 20 January 2023 is a tailored term deposit and certfied green investment.

Investment Policy Compliance

The below table identifies compliance with Council’s Investment Policy by the proportion of the investment portfolio invested with financial institutions, along with their associated credit ratings compared to parameters in the Investment Policy. The parameters are designed to support prudent short and long-term management of credit risk and ensure diversification of the investment portfolio. Note that the financial institutions currently offering investments in the ‘ethical’ area are still mainly those with lower credit ratings (being either BBB or not rated at all i.e., credit unions).

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	72%	Meets policy
A+ to A-	A1	60%	28%	Meets policy
BBB to NR	A2,NR	40%	0%	Meets policy

NSW Treasury Corporation Compliance – Loan Borrowing Conditions

Council has borrowed loans through NSW Treasury Corporation under the Local Government Low Cost Loans Initiative. As part of these loan borrowings, NSW Treasury Corporation has placed restrictions on where Council can invest based on the credit rating of the financial institution, the term of the investment and counterparty limit.

NSW Treasury Corporation has reviewed Council’s Investment Portfolio and reminded Council it needs to remain within the investment parameters outlined in the accepted loan agreements. Council currently complies with T Corp Borrowing conditions as indicated in the table below:

Council had discussions with NSW Treasury Corporation and indicated it would start reporting the compliance in the monthly investment report to Council. Council is able to hold existing investments not in compliance until maturity but must ensure new investments meet the compliance requirements.

Meeting the NSW Treasury Corporation compliance means Council will be limited in taking up investments that may be for purposes associated with Environmental and Socially Responsible outcomes. Investments which do not comply with NSW Treasury Corporation requirements and investments with financial institutions that do not support fossil fuels will have to be decreased due to their credit rating status or lack of credit rating.

The investment portfolio is outlined in the table below by investment type for the period 1 June 2022 to 30 June 2022:

Dissection of Council Investment Portfolio as at 30 June 2022

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
29,000,000.00	Term Deposits	29,000,000.00	0.00
1,500,000.00	Floating Rate Note	1,498,530.00	(1,470.00)
15,324,274.65	CBA Business Saver	15,324,274.65	0.00
4,636,655.83	CBA Business Saver – Tourism Infrastructure Grant	4,636,655.83	0.00
18,059,526.79	Macquarie Accelerator	18,059,526.79	0.00
5,500,000.00	Bonds	5,119,175.00	(380,825.00)
74,020,457.27		73,638,162.27	(382,295.00)

Council’s overall ‘cash position’ is not only measured by funds invested but also by the funds retained in its consolidated fund or bank account for operational purposes. The table below identifies Council’s overall cash position for the month of June 2022 as follows:

Dissection of Council’s Cash Position as at 30 June 2022

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	29,000,000.00	29,000,000.00	0.00
Floating Rate Note	1,500,000.00	1,498,530.00	(1,470.00)
CBA Business Saver	15,324,274.65	15,324,274.65	0.00
CBA Business Saver – Tourism Infrastructure Grant	4,636,655.83	4,636,655.83	0.00
Macquarie Accelerator	18,059,526.79	18,059,526.79	0.00
Bonds	5,500,000.00	5,119,175.00	(380,825.00)
Total Investment Portfolio	74,020,457.27	73,638,162.27	(382,295.00)

Cash at Bank
Consolidated Fund	4,958,139.52	4,958,139.52	0.00
Total Cash at Bank	4,958,139.52	4,958,139.52	0.00

Total Cash Position	78,978,596.79	78,596,301.79	(382,295.00)

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.6	Maintain Council's cash flow

Legal/Statutory/Policy Considerations

In accordance with Section 212 of the Local Government (General) Regulation 2021, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies it 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. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

Council’s investments are made 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 Minister’s Order – Forms of Investment, last published in the Government Gazette on 11 March 2011.

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

Financial Considerations

Council uses a diversified mix of investments to achieve short, medium, and long-term results.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.6

Report No. 13.6 Carryovers for Inclusion in the 2022-2023 Budget

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2022/902

Summary:

This report is prepared for Council to consider and to adopt the carryover Budget allocations for works and services, either commenced and not completed, or not commenced but allocated in the 2021/2022 financial year for inclusion in the 2022/2023 Budget Estimates.

This report is also the subject of a report to the Finance Advisory Committee at its Meeting held on 18 August 2022.

RECOMMENDATION:

That Council approves the works and services (with respective funding) shown in Attachment 1 (#E2022/76668) to be carried over from the 2021/2022 financial year and that the carryover budget allocations be adopted as budget revotes for inclusion in the 2022/2023 Budget Estimates.

Attachments:

1 2021-22 Budget Carryovers for inclusion in 2022-23 Budget, General, Water and Sewer Funds, E2022/76668

Report

Each year Council allocates funding for works and services across all budget programs. For various reasons, some of these works and services are incomplete at the end of the financial year. The funding for these works and services is restricted or reserved at the end of the financial year to be carried over to the following year for completion.

This report identifies all the works and services proposed to be carried over to the 2022/2023 Budget Estimates and the respective funding of each, relating to works and services not completed during the course of the 2021/2022 financial year. The specific details including funding sources of all carryover works and services that are the subject of this report are outlined in Attachment 1.

The works and services are fully funded and have no impact on Council’s Unrestricted Cash Result or the 2022/2023 Budget Estimates result.

As in previous years there is a significant amount of carryovers with total carryovers for 2021/2022 amounting to $24,899,600. This is a large increase when compared to previous years but is attributable to the following:

· The disruption of February/March 2022 flood events and subsequent recovery response.

· Council’s ongoing receipt of grant funding not necessarily flood related.

Table 1 below outlines a comparison of carryovers from previous financial years:

Table 1 - Value of budget carryovers 2018/19 – 2022/23

Fund	2018/19 ($)	2019/20 ($)	2020/21 ($)	2021/22 ($)	2022/23 ($)
General	9,004,500	6,024,800	7,875,500	10,719,000	17,539,200
Water	879,500	301,900	1,118,800	840,300	3,318,000
Sewer	2,473,500	625,400	1,129,200	1,695,500	4,042,400
Total	12,357,500	6,952,100	10,123,500	13,254,800	24,899,600

General Fund

The value of works carried over to 2022/2023 for the General Fund has increased by over 64% from the 2021/2022 amount ($6,820,200). Of the $17,539,200 of General Fund carryovers, just over 52% ($9,197,200) is attributable to Local Roads and Drainage projects not completed in 2021/2022 to be carried forward to 2022/2023. This percentage is more than the carryovers attributable to Local Roads and Drainage from 2021/2022 (40%). The extent of carryovers in the General Fund is also relevant to the number of, and size of grant funded works. Approximately $10.663 million of the General Fund carryovers are funded from unexpended or approved grants.

Major carryover items in General Fund are as follows:

Item	Amount $
Feb 2022 Flood Event DPIE - Resilience	965,000
Preparing Australian Communities – Byron Drainage Study	465,500
Election Commitment Grant Major Patching	463,800
Election Commitment Grant Reseal Program	476,100
Local Roads Reseals	339,700
Gilmore Crescent	492,300
Byron Bay Drainage Upgrade	326,400
Coolamon Scenic Drive 16.5km section	530,100
Safer Roads Program - Myocum - Myocum Rd	624,400
Rifle Range Rd Upgrade	1,180,900
Mullumbimby Local Roads Rehabilitation	498,800
Fed & State Stimulus - Rifle Range Rd	537,500
Sandhills Wetlands Project	1,446,300
Suffolk Park Football Club Change Rooms	485,000
Former Mullumbimby Hospital Remediation	1,500,000

Water and Sewer Funds

Carryovers for the Water Fund have increased by $2,477,700 and increased for the Sewer Fund by $2,346,900 compared to the carryover for the 2021/2022 financial year. Details of these carryovers are included in Attachment 1.

The following table outlines the project status with comments provided by Infrastructure Services of Local Roads & Drainage capital works carryovers for Councillors’ information, where works are in progress or contracts have been awarded at the time of writing this report.

Table 2 – Schedule of Carryover works current status

Ledger #	Project	Carryover $	Status
44286.032	Streets as Shared Spaces - Market Relocation	242,800.00	Grant funded project, design underway and construction of stage 1 planned for October 2022.
44288.001	ECG Major Patching Program	463,800.00	Works programmed to be completed as per funding deadline of August 2022.
44289.001	ECG Pavement Asphalt Overlay Program	109,300.00	Works programmed to be completed as per funding deadline of August 2022.
44290.001	ECG Reseal Program	476,100.00	Works programmed to be completed as per funding deadline of August 2022.
44283.085	Stuart St Tincogan St Intersection	18,700.00	Grant funded works. Design works ongoing and construction planned.
44283.087	Carlyle St, Byron Bay	7,700.00	Grant funded works. Design works ongoing and construction planned.
44283.088	Main Arm Rd	39,700.00	Grant funded works. Design works ongoing and construction planned.
44283.059	The Pocket Road Stage 2 (Ch 2,810 - 3,69	145,600.00	Construction works underway.
44283.101	A&I Estate - Bayshore Drive Reconstruction	132,000.00	Grant funded works. Design works ongoing and construction planned.
44284.004	Brunswick Heads - South Arm Carpark	5,100.00	Grant funded works. Design works ongoing and construction planned.
44283.113	Fern St (Station to Dalley)	26,900.00	Grant funded works. Design works ongoing and construction planned.
44283.127	Station Street	25,400.00	Grant funded works. Design works ongoing and construction planned.
44281.018	S/Park - Bangalow Rd/Tennyson St Missing Links	183,600.00	Invoices yet to be paid
4338.001	Local Roads Reseals (Rev)	339,700.00	Resheeting programmed for delivery in early 2022/23. Other grant projects have funded works have taken priority in 2021/22.
44003.042	Access ramps and footpaths Works	35,300.00	Works programmed for delivery in early 2022/23.
44003.145	Design & Options Study BA001 and BA023	8,800.00	Design currently being finalised.
44026.018	Bridge Inspections	84,600.00	Funds to be reallocated to 44026.026 in 2022/23 to achieve efficiencies in completing essential bridge maintenance works.
44026.022	Upper Main Arm Bridge - Main Arm Road	40,100.00	Grant funded works awaiting outcome of variation request.
44026.023	Sherringtons Bridge - Sherringtons Lane	40,600.00	Grant funded works awaiting outcome of variation request.
44026.024	Englishes Bridge - Englishes Road	45,500.00	Carry over of grant funds already received. Now funded by natural disaster funding.
44281.013	Mullumbimby to Brunswick Heads Cycleway	56,100.00	Grant funded works. Design works ongoing and construction planned.
44281.017	Ewingsdale Road Shared Path Missing Link Upgrade - Byron Bay	130,700.00	Works mostly complete and will be finalised early in 2022/23.
44282.021	44 Kingsley Lane - Kerb and Gutter	9,300.00	Works mostly complete and will be finalised early in 2022/23.
44282.023	SGB Street Drainage Upgrade - Pacific Es	1,200.00	Works mostly complete and will be finalised early in 2022/23.
44282.031	Reflections Holiday Park Drainage	149,100.00	Works mostly complete and will be finalised early in 2022/23.
44282.032	SGB Street Drainage Ugde - Clifford St	130,300.00	Works commenced and will be finalised early in 2022/23.
44282.035	Rajah Road Flood Flow Path - construction	56,700.00	Construction ready and programmed for construction in 2022/23.
44282.036	SGB Street Drainage Upgrade - Gloria Street (east) - Design	15,000.00	Design has commenced and will be complete in 2022/23.
44282.042	Byron Bay Drainage Upgrade	326,400.00	Grant funded works. Design currently out to tender.
44282.043	Overland Flow Path-32 Coomburra Crescent	40,000.00	Design has commenced and will be complete in 2022/23.
44283.039	Johnston Lane Causeway - Private Works	126,300.00	Grant funded works awaiting outcome of variation request. Construction ready.
44283.040	Causeways, Culvert and Bridge Renewal In	81,500.00	These funds are required to support the grant funded Upper Main Arm Road Causeway No.2 renewal - funds to be moved into this project.
44283.041	Bangalow Sportsfield Access Road	14,800.00	Design ongoing and awaiting further information.
44283.049	Gravel Resheeting	296,200.00	Resheeting programmed for delivery in early 2022/23. Other grant projects have funded works have taken priority in 2021/22.
44283.066	Coolamon Scenic Drive 16.5km section,	530,100.00	Works commenced and will be finalised early in 2022/23.
44283.084	Stuart Street	115,800.00	Works mostly complete - Awaiting payment of final invoices.
44283.106	Safer Roads Program - Myocum - Myocum Rd	624,400.00	Works mostly complete and will be finalised early in 2022/23.
44283.107	Fixing Country Roads - Myocum Rd Upgrade	130,000.00	Works mostly complete and will be finalised early in 2022/23.
44283.108	National Parks Access Rd Sealing	226,400.00	Works programmed for delivery in early 2022/23.
44283.109	Rifle Range Rd Upgrade	1,180,900.00	Grant funded works awaiting outcome of variation request. Construction ready.
44283.115	Broken Head Reserve Road Traffic Control Works	190,500.00	Works programmed for delivery in early 2022/23. Funds to be combined with budget in 2022/23.
44283.116	Seven Mile Beach Road Traffic Control Works Stage 1	6,800.00	Works programmed for delivery in early 2022/23. Funds to be combined with budget in 2022/23.
44283.124	Fixing Local Roads - Ocean Shores Resurfacing	174,700.00	Grant funded works programmed for delivery in 2022/23.
44283.128	Murwillumbah Rd Mullum - Pedestrian Cros	173,300.00	Grant funded works programmed for delivery in 2022/23.
44283.129	Mullumbimby Local Roads Rehabilitation	498,800.00	Grant funded works programmed for delivery in 2022/23.
44283.132	Fed & State Stimulus - Rifle Range Rd	537,500.00	Grant funded works awaiting outcome of variation request. Construction ready.
44283.131	Koonyum Range Road Sealing	14,900.00	To be completed in 2022/23
44285.013	Heavy Patching	14,300.00	Resheeting programmed for delivery in early 2022/23. Other grant projects have funded works have taken priority in 2021/22.
44286.015	Retaining Wall Works Program	10,500.00	Resheeting programmed for delivery in early 2022/23. Other grant projects have funded works have taken priority in 2021/22.
44286.017	Esplanade Beach Access and Parking Impro	36,900.00	Design underway and programmed for completion in 2022/23.
44286.028	Broken Head Reserve Rd Speed Zone Changes	6,800.00	Programmed for implementation as part of 44283.115.
44286.029	Coorabell PS Line Marking	14,000.00	Grant funded works programmed for delivery in 2022/23.
44286.031	Jarvis Land Transfer Agreement	100,000.00	Finalisation of transfer delayed but planned for 2022/23.
	Total	8,491,500

In accordance with Section 211 of the Local Government (General) Regulation 2021, Council conducted an Extraordinary Meeting to approve expenditure on 30 June 2022 via Resolution 22-332 to create the 2022/2023 Budget. The expenditure items that are the subject of this report were not included in the 2022/2023 Budget Estimates, but now need to be. The intent of this report is to seek Council approval to revote the carryovers from the 2021/2022 financial year and to adopt the budget carryovers for inclusion in the 2022/2023 Budget Estimates.

At its meeting held on 28 March 2013 the Strategic Planning Committee considered Report 4.3 on Council’s financial position for the 2012/2013 financial year. The recommendations from this meeting were adopted by Council at its Ordinary Meeting held on 18 April 2013 through resolution 13-164. Committee recommendation SPC 4.3 in part 5 included the following process to be applied to the consideration of any amount identified as a carryover to the 2013/14 and future Budgets and funded from general revenues:

That Council determines that any general revenue funded allocated expenditure, not expended in a current financial year NOT be automatically carried over to the next financial year before it is reviewed, and priorities established

This report is to be considered by the Finance Advisory Committee at its Meeting held on 18 August 2022.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources		1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management		1.3.1.2	Provide Quarterly Budget Reviews to Council for adoption.

Legal/Statutory/Policy Considerations

Section 211 of the Local Government (General) Regulation 2021 outlines the requirements of Council relating to authorisation of expenditure. Specifically Section 211 states:

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

(a) has approved the expenditure, and

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

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

Financial Considerations

The Financial implications of this report have been outlined above in that, should Council adopt the recommendation of the report, the 2022/2023 Budget result will not change, nor will the Unrestricted Cash Result.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.8

Report No. 13.8 Delivery Program 6-monthly Report and Operational Plan 2021/22 Quarter 4 Report - to 30 June 2022

Directorate: Corporate and Community Services

Report Author: Heather Sills, A/ Manager Corporate Services

File No: I2022/940

Summary:

Council’s Operational Plan outlines its projects and activities to achieve the commitments in its four-year Delivery Program. In accordance with the Local Government Act 1993 progress reports must be provided at least every six months.

This report represents the second ‘6-monthly edition’ of the Quarterly Report, providing an additional reporting layer regarding the Council’s progress toward the higher-level actions of the Delivery Program.

Council achieved 73% of the Operational Plan activities that were planned to be delivered in 2021/22.

RECOMMENDATION:

That Council notes the Delivery Program 6-monthly Report and 2021/22 Operational Plan Fourth Quarter Report for the period ending 30 June 2022 (Attachment 1 #E2022/67538).

Attachments:

1 Delivery Program 6-Monthly Report and Operational Plan Quarterly Report - Q4 - to 30 June 2022, E2022/67538

Report

The Delivery Program and Operational Plan are two key corporate documents that establish Council’s goals and priorities for the term and the current financial year.

The Delivery Program (4-year) outlines the principal activities to be undertaken to implement the strategies established by the Community Strategic Plan (10-year), within the resources available under the Resourcing Strategy. All plans, projects, activities, and funding allocations must be directly linked to this program.

The Delivery Program is supported by the annual Operational Plan, which identifies the individual projects and activities that will be undertaken for the year to achieve the commitments made in the Delivery Program.

The General Manager is required to provide six monthly progress reports to the Council on the progress toward the delivery program, in accordance with the Local Government Act 1993 s404 which states:

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

While the requirement is six monthly reporting, the Council is provided with a Quarterly Report on the activities in the Operational Plan, to promote effective and efficient reporting and decision making.

2021/22 Operational Plan Activities

As this is the last quarter report for the 2020/21 financial year, this report details Council’s achievement of the activities in the 2020/21 Operational Plan. Overall, Council achieved 73% of planned activities against the measures in the plan. This compares to 80% during 2020/21.

15% of activities were substantially achieved, meaning they were significantly progressed but not finalised, while 8% were partially achieved, and 4% deferred. Details on the reason for the status of each activity are outlined in the attachment.

Strategic Objectives

The report (#E2021/97874) is structured by the five ‘Our Byron, Our Future’ Community Strategic Plan 2028 objectives:

· Community Objective 1: We have infrastructure, transport and services which meet our expectations

· Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

· Community Objective 3: We protect and enhance our natural environment

· Community Objective 4: We manage growth and change responsibly

· Community Objective 5: We have community led decision making which is open and inclusive (governance)

Result by CSP Theme

Report Details

The report details Council’s achievement of the activities in the 2021/22 Operational Plan. It includes a status update on progress and notes any highlights or exceptions where actions were delayed or reprioritised.

Each section notes the progress against the activities including:

· Activity

· Responsible directorate

· Measure

· Timeframe

· Comments

· Status

Summary of Achievements

Council achieved 73% of its actions during this period. Some activities were not fully achieved and/or deferred as a direct result of COVID-19 and the February/March 2022 flood events. Further detail on individual activities and the impacts is provided in detail in the attachment.

Key achievements include:

Infrastructure

· Stuart Street upgraded

· Middle Pocket Road improvements completed

· 24+ streets upgraded under the Fixing Local Roads - Ocean Shores Resurfacing project

· Grays Lane upgrade completed

· Successful speed radar sign trial

· Completed detailed laser assessment of the condition of all sealed roads which provided crucial data for a predictive computer modelling

· Completed new fully accessible toilet at Gaggin Park, Suffolk Park, with accessible pathway and new disability parking

· New accessible pathway installed at Bangalow Parklands

· Tennyson Street shared path upgrade works completed

· Byron Bay Library ceiling replacement works were completed

· Resolved (21-188) to implement a master plan for Lot 12 Bayshore Drive Byron Bay and moved to provide a long term lease site on the property to TAFE NSW

· Completed construction of the Byron Rail Precinct projects

· New public toilets provided at Middleton Street, Byron Bay, Clarkes Beach and Gaggin Park, Suffolk Park

· Capital renewal works completed to the Cavanbah Centre, Byron Stationmasters Cottage, Mullum War Widow's Cottage, Council Chambers, Suffolk Park Holiday Park, Brunswick Memorial Hall, Bangalow Showgrounds Rotunda, and First Sun Holiday Park.

· Byron Loves BYO campaign promoted reuse over waste generation

· Worked with Circular Cafes to support hospitality businesses to recycle organic waste, implement reuse programs and decrease waste to landfill

· Compliance with all NSW Environmental Protection Licences

· Upgrade to Butler Street Sewer Pump Station SPS3003 rising main

· Byron Bay, Brunswick Heads, and Ocean Shores sewerage pump station renewals

· Works on the Byron Bypass cross connection completed

· Online Digital Asset Management Plans built

· Ocean Shores water pipeline renewal completed in Casons Lane, New Brighton

· Engaged the Water Sensitive Cities Institute to assist with the review of the Effluent Reuse management plan strategy

Community

· The Global Beats Harmony Festival was held in March 2022 in collaboration with people from culturally and linguistically diverse backgrounds

· Virtual Australia Day Awards recognised the contribution of community members

· The Lone Goat Gallery reopened in January 2022 with the highly successful and well-attended "Beach Dogs of Byron Bay", a posthumous exhibition commemorating the life and contribution of award-winning local photographer Rob Scott-Mitchell

· Worked with Arakwal Corporation and Tweed Byron Local Aboriginal Land Council to incorporate cultural designs into the Skate Park wetlands boardwalk at the Sandhills Estate, celebrating the cultural and environmental significance of the land

· Supported Byron Multicultural with a whole-of-community survey to gather insights and opinions from people from culturally diverse backgrounds

· 285 people were conferred as new Australian Citizens at 5 Citizenship Ceremonies

· Arakwal artists, Nickolla and Kaitlyn Clark, created artworks that depict sacred stories of local forest and coastal middens on pavements around the intersection of Burringbar Street and Stuart Street, as part of the Talking Street project

· Convened the Byron Shire Coordination group, who are working to improve outcomes for people sleeping rough; the services support up to 28 people per month and last year 17 people exited homelessness into housing.

· In partnership with Resilience NSW, opened the Recovery Centre in Mullumbimby to provide face-to-face support to residents and outreach to impacted communities affected by the flood

· Disability Inclusion Action Plan (DIAP) 2022-2026 was developed

· Partnered with the Byron Bay Community Association (BBCA) to open the Fletcher Street Cottage which provides support, information, referral and advocacy to people experiencing or at risk of homelessness in a safe, welcoming space

· Delivered high quality business and educational outcomes for Children's Services

· Partnered with Social Habitat to develop a concept design for a proposed upgrade to Brunswick Heads library

· Evans Street play unit was significantly refurbished and renewal of play items completed at Jacaranda playground

· Engaged the Australian Red Cross (ARC) to deliver 14 Strengthening Communities workshops and 15 Street Meets to support community resilience

· Fifteen Community Resilience Teams (CRT) created across the Byron Shire

· Get Ready Business Resilience workshops conducted on 5 and 12 October 2021.

· Mental health and natural disaster recovery for business owners workshop conducted on 17 May 2022

· Partnered with NSW Police and Experience Rova to deliver Soul Street NYE, a family-friendly event utilising place activation strategies through art, food, play, music and performance activities to increase community safety

Environment

· Restored approximately 800m of the Brunswick riverbank and Flying-fox habitat through the NSW Environmental Trust Flying Improvement project

· Restored over 6ha of koala habitat on private land and in partnership with DPE

· Provided approximately 3,000 koala food trees to landholders

· Shire wide draft wildlife corridor mapping prepared

· Partnered with Brunswick Valley Landcare (BVL) to deliver Slips Slopes and Slides workshop restoring landslips and riverbank erosion, and to launch Climate Resilient Landscapes Guide

· Chemical free steam weeding programs have successfully been maintained across the Shire's playgrounds and town centers

· Delivered the 'Drought Pests and Weeds' project

· Carramar Reserve in Ocean Shores received significant fuel/weed reduction through the bush regeneration program

· Proactive approach taken to seek out and eradicate small outbreaks of Bitou Bush from the Byron containment zone

· Annual Emissions Inventory reported to Council along with an update on actions achieved under the Net Zero Emissions Action Plan for Council Operations 2025

· Climate Change Adaptation Plan prepared and implementation has commenced

· Continued to showcase public food garden outside Council Chambers

· Partnered with Tweed Council to run the 29th Annual NSW Coastal Conference - 'Living with Uncertainty' 31 May - 2 June 2022

· Various community education, engagement activities and information communication pieces were developed to increase awareness and understanding about the Shire's coastal biodiversity and values

· Construction of additional flowpath from Byron Sewerage Treatment Plant

· Four workshops delivered in partnership with Brunswick Valley Landcare including farm planning and soils workshops

· Farmer regenerative agriculture mentoring program in progress, in partnership with Southern Cross University

Growth

· Finalised the Byron Arts and Industry Estate Precinct Plan

· Mullumbimby Talking Streets Project

· Updated the Bangalow Development Control Plan

· Gateway determination received to enable exhibition of Short-Term Rental Accommodation planning controls for a 90 day cap and up to 365 days in select locations of the Shire

· Workshops delivered including Mental Health and Natural Disaster Recovery with flood impacted businesses and Grow Your Business Online

· Student based apprenticeship and traineeship information evening in partnership with NSW Department of Education and Mullumbimby High School

· 200 responses to the Business Impacts, Resilience and Continuity Survey

· Played a key role in managing local recovery following the floods, providing services and assistance to the community and the ongoing coordinated process of supporting affected communities in the reconstruction of the built environment and the restoration of emotional, social, economic, built and natural environment wellbeing

· As part of the Bushfire Recovery funding, partnered with Banaam to deliver seven Aboriginal Custodianship workshops which included Rural Fire Service, NSW Fire and Rescue, Red Cross, Marine Rescue, NSW Police, local neighbourhood centres, Council staff, and the Aboriginal community

Governance

· A new corporate style guide was completed and is being rolled out

· Continued to talk directly with volunteer community groups through the Community Roundtable

· Frequent ‘Flood Recovery Updates’ distributed to keep the community informed about the Council's flood recovery activities and associated information

· A substantial increase in followers on social media and use of the website by members of the public during critical points of the COVID pandemic and the flood emergency

· Partnered with the University of New South Wales (UNSW) to develop a whole-of-council outcomes measurement framework to support Council to assess its performance and track community changes over time

· Funded nine applications, with a total value of $44,200, through the Community Initiatives 2021-2022 funding round

· Comprehensive formal induction provided to new term of Council following the 2021 Local Government Election

· Prepared a number of infrastructure and asset management videos that have been posted to the web site and positively received by the community

· Adopted the revised Byron Shire Community Strategic Plan 2032, Resourcing Strategy, Delivery Program 2022-26 and associated plans

· Renewable Energy Supply Agreement was entered into on 1 January 2022

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.1: Enhance trust and accountability through open and transparent leadership	1.1.2: Governance - Ensure legislative compliance and support Councillors to carry out their civic duties

Legal/Statutory/Policy Considerations

The General Manager is required under Section 404 (5) of the Local Government Act 1993 to provide regular progress reports as to the Council’s progress with respect to the principal activities detailed in the Delivery Program/Operational Plan.

Financial Considerations

Council’s financial performance for the reporting period is addressed in the Quarterly Budget Review, which is the subject of a separate report included in this business paper.

Consultation and Engagement

The development of the Delivery Program was informed by extensive engagement around the Community Strategic Plan and specifically a Community Solutions Panel on infrastructure priorities.

The progress reports on the Operational Plan and Delivery Program are published on Council’s website as a way of ensuring transparency around how Council is progressing activities and actions.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.10

Report No. 13.10 Council Investments - 1 July 2022 to 31 July 2022

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2022/951

Summary:

This report includes a list of investments and identifies Council’s overall cash position for the period 1 July 2022 to 31 July 2022 for information.

This report is prepared to comply with Section 212 of the Local Government (General) Regulation 2021.

RECOMMENDATION:

That Council notes the report listing Council’s investments and overall cash position as at 31 July 2022.

Report

Council has continued to maintain a diversified portfolio of investments. As of 31 July 2022, the average 30-day bank bill rate (BBSW) for the month was 1.49%. Council’s performance for July 2022 was 1.38%.

As investments mature Council should begin to see increased rates due to the recent Reserve bank increase in cash rates. The table below identifies the investments held by Council as at 31 July 2022:

Schedule of Investments held as at 31 July 2022

Purch Date		Principal ($)				Description	CP*		Rating	Maturity Date	No Fossil Fuel	Type	Int. Rate	Current Value ($)
15/11/18		1,000,000.00				NSW Treasury Corp (Green Bond)	N		AAA	15/11/28	Y	B	3.00%	983,970.00
20/11/18		1,000,000.00				QLD Treasury Corp (Green Bond)	N		AA+	22/03/24	Y	B	1.18%	1,003,860.00
28/03/19		1,000,000.00				National Housing Finance & Investment Corporation	Y		AAA	28/03/29	Y	B	2.38%	941,710.00
21/11/19		1,000,000.00				NSW Treasury Corp (Sustainability Bond)	N		AAA	20/03/25	Y	B	1.25%	957,730.00
27/11/19		500,000.00				National Housing Finance & Investment Corporation	Y		AAA	27/05/30	Y	B	1.52%	430,120.00
06/09/21		1,000,000.00				Northern Territory TCorp	N		Aa3	15/12/26	Y	B	1.40%	1,000,000.00
16/09/21		1,000,000.00				QLD Treasury Corp (Green Bond)	N		AA+	02/03/32	Y	B	1.50%	928,180.00
15/06/21		500,000.00				National Housing Finance & Investment Corporation	Y		AAA	01/07/31	Y	FRN	0.41%	501,445.00
04/11/21		2,000,000.00				NAB	P		AA-	04/11/22	N	TD	0.45%	2,000,000.00
17/12/21		2,000,000.00				NAB	N		AA-	19/12/22	N	TD	0.72%	2,000,000.00
20/01/22		1,000,000.00				Westpac (Tailored)	P		AA-	20/01/23	N	TD	0.79%	1,000,000.00
22/02/22		1,000,000.00				Macquarie Bank Ltd	P		A	23/08/22	N	TD	0.65%	1,000,000.00
25/02/22		1,000,000.00				Macquarie Bank Ltd	N		A	25/08/22	N	TD	0.65%	1,000,000.00
08/03/22		2,000,000.00				Suncorp	P		A+	05/09/22	Y	TD	0.52%	2,000,000.00
04/05/22		2,000,000.00				NAB	N		AA-	02/08/22	N	TD	1.20%	2,000,000.00
31/05/22		1,000,000.00				NAB	N		AA-	29/08/22	N	TD	1.60%	1,000,000.00
07/06/22		2,000,000.00				NAB	N		AA-	05/09/22	N	TD	1.75%	2,000,000.00
08/06/22		2,000,000.00				NAB	N		AA-	06/09/22	N	TD	1.85%	2,000,000.00
04/07/22		2,000,000.00				NAB	N		AA-	04/10/22	N	TD	2.32%	2,000,000.00
28/07/22		2,000,000.00				NAB	N		AA-	26/10/22	N	TD	2.60%	2,000,000.00
20/05/22		2,000,000.00				NAB	N		AA-	16/11/22	N	TD	2.05%	2,000,000.00
31/05/22		2,000,000.00				NAB	N		AA-	29/08/22	N	TD	1.60%	2,000,000.00
07/06/22		1,000,000.00				Macquarie Bank Ltd	N		A	06/09/22	N	TD	1.77%	1,000,000.00
15/06/22		2,000,000.00				NAB	N		AA-	13/09/22	N	TD	2.15%	2,000,000.00
28/06/22		2,000,000.00				NAB	N		AA-	26/10/22	N	TD	2.52%	2,000,000.00
11/07/22		2,000,000.00				NAB	N		AA-	08/11/22	N	TD	2.68%	2,000,000.00
N/A		15,343,083.29				CBA Business Saver	N		AA-	N/A	N	CALL	1.45%	15,543,083.29
N/A		4,642,048.32				CBA Business Saver – Tourism Infrastructure Grant	N		AA-	N/A	N	CALL	0.85%	4,642,048.32
N/A		18,073,707.16				Macquarie Accelerator Call	N		A	N/A	N	CALL	0.95%	18,073,707.16
Total		76,058,838.77										AVG	1.38%	76,005,853.77
	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 (ESRI)

1. $1,000,000 investment with Westpac Bank maturing on 20 January 2023 is a tailored term deposit and certfied green investment.

Investment Policy Compliance

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	73%	Meets policy
A+ to A-	A1	60%	27%	Meets policy
BBB to NR	A2,NR	40%	0%	Meets policy

NSW Treasury Corporation Compliance – Loan Borrowing Conditions

The investment portfolio is outlined in the table below by investment type for the period 1 July 2022 to 31 July 2022:

Dissection of Council Investment Portfolio as at 31 July 2022

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
31,000,000.00	Term Deposits	31,000,000.00	0.00
1,500,000.00	Floating Rate Note	1,506,025.00	6,025.00
15,543,089.29	CBA Business Saver	15,543,083.29	0.00
4,642,048.32	CBA Business Saver – Tourism Infrastructure Grant	4,642,048.32	0.00
18,073,707.16	Macquarie Accelerator	18,073,707.16	0.00
5,500,000.00	Bonds	5,240,990.00	(259,010.00)
76,258,844.77		76,005,853.77	(252,985.00)

Dissection of Council’s Cash Position as at 31 July 2022

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	31,000,000.00	31,000,000.00	0.00
Floating Rate Note	1,500,000.00	1,506,025.00	6,025.00
CBA Business Saver	15,543,083.29	15,543,083.29	0.00
CBA Business Saver – Tourism Infrastructure Grant	4,642,048.32	4,642,048.32	0.00
Macquarie Accelerator	18,073,707.16	18,073,707.16	0.00
Bonds	5,500,000.00	5,240,990.00	(259,010.00)
Total Investment Portfolio	76,258,838.77	76,005,853.77	(252,985.00)

Cash at Bank
Consolidated Fund	2,330,258.05	2,330,258.05	0.00
Total Cash at Bank	2,330,258.05	2,330,258.05	0.00

Total Cash Position	78,589,096.82	78,336,111.82	(252,985.00)

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.6	Maintain Council's cash flow

Legal/Statutory/Policy Considerations

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

Financial Considerations

Council uses a diversified mix of investments to achieve short, medium, and long-term results.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11

Staff Reports - Sustainable Environment and Economy

Report No. 13.11 PLANNING - 26.2021.3.1 150 Lismore Road, Bangalow Submissions Report

Directorate: Sustainable Environment and Economy

Report Author: Sam Tarrant, Planner

File No: I2022/554

Summary:

This report presents the public exhibition outcomes for a planning proposal to rezone part of 150 Lismore Road, Bangalow from RU1 Primary Production to IN1 General Industrial and C3 Environmental Management.

The planning proposal was exhibited from 11 April to 11 May 2022. Six public submissions and six agency submissions were received.

A number of changes to the exhibited proposal are recommended including reducing the area of IN1 zoning and increasing the C3 zoning to provide a greater buffer to Maori Creek.

It is recommended that the amended planning proposal as attached to this report is adopted and submitted to DPIE for finalisation.

NOTE TO COUNCILLORS:

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

RECOMMENDATION:

That Council adopts the amended planning proposal as attached to this report (Attachment 1 - #E2022/62680) to rezone part 150 Lismore Road, Bangalow to IN1 General Industrial and C3 Environmental Management, and forwards this to the Department of Planning, Industry and Environment for finalisation.

Attachments:

1 26.2021.3.1 - Planning Proposal Post Exhibition Version, E2022/62680

2 26.2021.3.1 - Combined agency submissions, E2022/52801

3 26.2021.3.1 - Combined Public Submissions, E2022/44088

4 26.2021.3.1 - BCD and Applicant Flood Correspondence, E2022/67134

5 Template - Form of Special Disclosure of Pecuniary Interest, E2012/2815

Report

At the September 2021 Planning Meeting, Council received a report on a submitted planning proposal to rezone part of 150 Lismore Road, Bangalow from RU1 Primary Production to IN1 General Industrial and C3 Environmental Management.

The site is identified as an investigation area within Byron Business and Industrial Lands Strategy.

Council resolved 21-356 to proceed to public exhibition and consider a submissions report post exhibition with any recommended changes.

This report outlines the exhibition period, submissions received and recommended changes to the exhibited planning proposal.

The planning proposal was exhibited from 11 April to 11 May 2022. Notification was sent to adjoining landowners, relevant community groups and government agencies.

During exhibition, six public submissions were received including one submission that was received after exhibition had closed. In this case, the late submission has been included and considered with the other submissions.

The agency and public submissions have been summarised and addressed below. Copies of the submissions are attached to this report.

An extension to the gateway deadline was granted for this planning proposal due to the flood events delaying public exhibition and the changes recommended to the proposal from public exhibition. The gateway expires 13 November 2022.

Agency submissions

Department of Primary Industries Agriculture – No objections

Mining, Exploration and Geoscience – No objections

TransGrid – No impact to TransGrid therefore no comment required

Department of Primary Industries Fisheries – Provides comments for Council’s consideration. Notes that Maori Creek is a 4^th order waterway and is considered Type 2 key fish habitat. Fisheries policy recommends a minimum buffer of 50m. Fisheries notes that Byron Creek, which is 500m downstream, is mapped as Type 1 key fish habitat and is mapped as potential habitat for the threatened species Southern Purple Spotted Gudgeon. DPI Fisheries recommends the C3 zone consistent with the Fisheries buffer policy.

The planning proposal has been updated to include a minimum 40m E3 zoned buffer from Maori Creek to the edge of the IN1 zoning with the buffer increasing to 70m at the southern portion of the lot. This is considered a suitable distance noting that there is currently very limited riparian vegetation and Byron DCP 2014, Chapter B1 Biodiversity requires a vegetation management plan or biodiversity conservation management plan to be submitted with the subdivision development application, which will result in this area being re-vegetated.

Transport for NSW – Raises no objections and provided the following comments

- TfNSW are aware of feasibility studies undertaken by Byron Shire Council to consider transport-related uses of the corridor. The planning proposal should note this.

- The preliminary site investigation report supporting the planning proposal concludes negligible risk to human health. TfNSW is currently conducting environmental assessment for contamination along the rail corridor. TfNSW is not currently aware of contaminants in the rail corridor or on the common boundaries with the development site.

The use of this site for industrial purposes will not hinder any reactivation of the rail corridor. The planning proposal has been updated to reflect this.

Biodiversity Conservation Division (BCD) – During public exhibition BCD recommended an ecological assessment be made which included a survey to determine if Hairy Joint Grass was present on the site. The applicant provided an ecological assessment report and found no Hairy Joint Grass on site. A small soak area was identified on the site. BCD assessed this report and provided the following recommendations.

- The soak area has high environmental value and should be zoned C2 Environmental Conservation including a 20m buffer

- A C3 Environmental Management zoned buffer for a distance of 20m should apply to both sides of Maori Creek

- The planning proposal should be updated to reflect the soak area and Maori Creek being included on the Biodiversity Values Map

- The flood impact study should be updated to provide details regarding the model calibration and utilise flood data from the February-March floods if available

BCD requested opportunity to review the proposal once updated with the above recommendations. The recommendations were addressed, and the amended planning proposal as presented in this report was sent to BCD who provided support for the proposal.

BCD sought clarification if data exists at the Binna Burra gauge for the February-March 2022 flood event to calibrate the flood model.

The applicants flood engineer confirmed there is data available from the February-March event at the Binna Burra gauge and that the peak is higher than the 2017 event. The inclusion of this recent event may improve model accuracy for larger events, although the model has been calibrated to a large event in 2017. The flood assessment report demonstrates an accurate relationship between the rating curve and the model predictions indicating that the existing model is likely to provide an adequate representation for larger events than were previously modelled.

Council does not have a recent adopted flood study model for this catchment, which places the onus on the applicant when preparing flood studies. The flood engineer notes that if the model was to be re-calibrated to include the 2022 event there would be a $10-15k cost for the applicant and the work would take a minimum of 3 months to complete.

The additional time required to complete a model re-run would push the planning proposal past the gateway expiration. DPIE have stated in the gateway alteration letter that they are unlikely to support any further extension to the completion time frame for this planning proposal.

In addition, the most up to date flood information will be required at the development application stage to determine flood planning level on this site, which will utilise data from the 2022 event.

Furthermore the proposed industrial zoned area has been significantly reduced since the flood assessment was produced resulting in less fill required and the development area moving away from the lower lying areas adjacent to Maori Creek.

Given the demonstrated accuracy of the flood model, the reduction in proposed industrial land, further consideration at the development application stage and gateway time restraints, it is considered that the current model is acceptable to progress the rezoning.

No response was received from Essential Energy, NRAR, TBLALC or Rous County Council.

Public submissions

Six submissions were received, one of which was accepted after exhibition had closed. The key points within the submissions have been summarised and staff have provided comment in the following table. The submissions are available in attachment 3.

Submission	Staff comment
An FSR of 0.75:1 is not the same as the adjoining estate as the DCP required a maximum building footprint of %50 of each allotment to minimise road parking.	FSR is applied within the Byron LEP 2014. The adjoining industrial estate is mapped with a maximum FSR of 0.75:1 and a height limit of 9m. This forms the maximum building envelope permissible within the LEP. The DCP control referenced in this submission is taken from DCP 2010 Chapter B12. This DCP applies to land zoned under Byron LEP 1988 and does not apply to this site.
The flood impact assessment is now redundant due to the recent floods which covered half of the site. Green areas need to be retained to minimise impacts from flooding. The rezoning has potential to exacerbate flooding.	The flood study utilised the most up to date flood data available to model the flooding of the site and is likely to provide an adequate representation for larger events than were previously modelled. The report shows that the area to be rezoned for industrial use can be filled above the flood level without increasing off site flood impacts. The C3 zoned buffer has been significantly increased and will minimise the amount of fill required and limit industrial development to higher ground away from Maori Creek.
The rezoning will increase the size of the industrial estate considerably and increase traffic onto Lismore Road. The bulk and scale will cause amenity impacts and a significant increase in artificial light exposure from businesses.	The industrial zoned area has been reduced to provide a greater buffer to Maori Creek. Revegetation of the riparian area will reduce light spill from this development and the existing industrial area. The traffic assessment accompanying this proposal concludes that Lismore Road and turning lane is capable of facilitating this rezoning.
The proposal will have a visual impact as it is the gateway from the west of Bangalow and should be landscaped. There is an opportunity to landscape the area to mitigate visual impacts.	Part of the site is proposed to be zoned C3 Environmental Management. Planting of this area will be required at the development application stage. The site is small scale and directly adjoining an existing industrial estate. Future development of the site will be screened by the existing industrial estate and is unlikely to have a significant visual impact.
Is there any proof that additional industrial land is required in this area?	Direction 3: Long Term Supply (p.63) within the Business and Industrial Lands Strategy discusses the need for additional industrial land within the shire. Additional residential lands have come online over the last 5 years in Bangalow, including Clover Hill, The Meadows and Parrot Tree Place creating additional demand for employment lands.
Byron Creek would be put at risk by having industrial use adjoining. The buffer is too small.	The buffer has been increased to a minimum of 40m and a 20m environmental zone on the eastern side. This area will require suitable plantings as part of the development application for subdivision.
Bangalow Progress Association supports the proposal and the inclusion of the C3 Environmental Buffer.	Noted.
Part of the adjoining industrial property is incorrectly zoned RU1 and should be corrected to IN1	A small area on the eastern boundary of the existing industrial estate contains an RU1 zoning. This has carried over from a subdivision of the paper road which gave additional land to lots within the estate. This area should be rezoned IN1 for consistency, however this planning proposal has only considered the subject land at 150 Lismore Road. This inconsistency has been flagged to be corrected in a future LEP housekeeping planning proposal.
Stormwater impacts on the adjoining properties should be considered with impacts from filling and planned revegetation.	The flood study completed by BMT modelled the impact on flooding from filling the site and found no observable impacts to the existing industrial estate. Further assessment of stormwater and drainage is required at the development application stage. The details of revegetation within the C3 zone are not yet available and will be submitted and considered at the development application stage. The reduced IN1 zoned area will minimise the fill required.
Concern regarding noise pollution from a large extension of the industrial estate. Currently noise impacts from the existing industrial estate.	The area proposed for industrial land is over 400m from the closest residential zone. The area proposed for expansion is relatively small and is unlikely to significantly contribute to noise pollution. Conditions for hours of operation can be applied at the development application stage.
The proposal is directly adjacent to neighbourhood streets and residential dwellings.	The area proposed for industrial land is over 400m from the closest residential zone. See above comments regarding noise impacts.
There is a possibility of the rail corridor being used as a rail trail in the future. This industrial estate provides a good opportunity to provide peripheral car parking to service the rail trail.	This site has been identified within Byron Business and Industrial Strategy as an investigation site for industrial land. The rezoning will not hinder any future reactivation of the rail corridor.

Changes to the exhibited planning proposal

As a result of the comments received during public exhibition, a number of changes to the planning proposal are recommended including:

· Increase the C3 Environmental Management zoned buffer between Maori Creek and the IN1 land to a minimum of 40m.

· Include a 20m C3 Environmental Management buffer to the east of Maori creek

· Zone the ‘soak area’ identified in the Ecological Assessment to C3 Environmental Management

· Update the minimum lot size and floor space ratio map to reflect the change in zoning.

· Update the planning proposal to reference Maori Creek as being mapped on the Biodiversity Values map.

· Update the planning proposal to reflect the exhibition outcomes.

The updated minimum lot size and floor space ratio maps have not yet been produced. They will be updated to reflect the final adopted zone boundaries (Fig 1 below).

The changes are reflected within the post exhibition planning proposal contained in Attachment 1 (E2022/62680).

Zoning map including 40m C3 buffer. IN1 area 7663m2 and C3 area 12725m2

Figure 1: Updated land zoning map

Next steps

It is recommended that Council adopt the planning proposal in Attachment 1 and forward it to the Department of Planning, Industry and Environment for finalisation.

The gateway for this proposal expires on 13 November 2022.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
4: Ethical Growth We manage growth and change responsibly	4.1: Manage responsible development through effective place and space planning	4.1.4: LEP & DCP - Review and update the Local Environmental Plan and Development Control Plans	4.1.4.5	Consider landowner planning investigations for possible new industrial and/or business park areas, as identified in the BILS.

Recent Resolutions

· 21-356 to proceed to public exhibition and receive a submissions report with any recommended changes.

Legal/Statutory/Policy Considerations

This planning proposal will amend Byron Local Environmental Plan 2014 in accordance with the relevant legislative requirements.

Financial Considerations

This is an applicant initiated planning proposal with all costs borne by the applicant.

Consultation and Engagement

As outlined within this report.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.12

Report No. 13.12 Affordable Housing - 57 Station Street, Mullumbimby

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

Sharyn French, Manager Environmental and Economic Planning

File No: I2022/551

Summary:

Council resolved (Res 22-120, part 5) at the 14 April 2022 Council Planning Meeting, to enter into a Project Agreement with Landcom to facilitate both parties working together on the affordable housing development at 57 Station Street Mullumbimby.

Council is the first northern rivers regional council to work with Landcom in the delivery of long-term affordable housing.

Since then, Landcom and Council staff further refined the preliminary concepts presented at the 14 April Meeting through a co-design workshop, which considered the matters raised in part 4 of resolution 22-120, being: utilising the ground floor to include shopfronts along Station Street and additional dwellings rather than car parking.

Landcom presented the refined options to Councillors at the 2 June Strategic Planning Workshop.

The next step is for Landcom to run a Request for Proposal (RFP) tender process based on the project’s vision, objectives and shared project outcomes expressed through a reference scheme, to identify and select a Community Housing Provider (CHP). The tender evaluation committee will comprise two Landcom staff and two Council officers.

Council will enter a lease with the CHP for the land. All parties will enter into a Heads of Agreement with the successful CHP at the end of the RFP Process. All parties will enter into a development deed for the delivery of the project.

The timeline for the project to deliver on ground affordable housing to our community from now is 2025.

RECOMMENDATION:

1. That Council delegate authority to the General Manager to run the tender process and documentation as described in this report, accept the preferred Complying Tender, and enter into a Heads of Agreement, lease agreement and development deed at the relevant time.

2. That should Community Housing Providers (CHPs) submit a non-complying tender and the Tender Evaluation Committee recommend the acceptance of that tender, then the non-complying tender will be reported to Council for final determination.

3. Note that updates on the project will be discussed with Councillors at quarterly workshops by the Community Housing Provider.

4. That Council appoint the following staff to the Tender Evaluation Committee: Director Sustainable Environment and Economy and (Acting) Director Corporate and Community Services.

Attachments:

1 Landcom Presentation - Byron Shire Councillor Workshop 4 August 2022, E2022/77566

Report

At the 14 April 2022 Council Planning Meeting, Council considered a report on an affordable housing development on 57 Station Street Mullumbimby and resolved (Res 22-120) amongst other matters, to enter a Project Agreement with Landcom to facilitate both parties working together on this development.

Resolution 22-120:

1. Notes the overview of who Landcom is, and their experience in delivering affordable housing projects (Attachment 1 #E2022/29946);

2. Notes the project rationale and the preliminary concept plan prepared for an affordable housing development on 57 Station Street, Mullumbimby (Attachment 2 #E2022/29947);

3. Notes that one of the key project objectives is ‘to deliver the optimum amount of affordable housing which best meets the housing needs of the local community, while being financially feasible for all parties’.

4. Further to point 3, the Term Sheet objectives be amended to include consideration of: utilising the ground floor to include shopfronts along Station Street and additional dwellings rather than car parking. This to be explored via the co-design process workshopped with Councillors. The final design to be reported to Council.

5. Endorses the Mayor to sign a Project Agreement in the form of a Terms Sheet Agreement (Confidential Attachment 3 #E2022/29948) with Landcom to facilitate work with Council on an affordable housing project on 57 Station Street Mullumbimby as amended by point 4.

6. Requests Landcom to engage with adjoining landowners to explore opportunities for further development and design via collaboration to maximise the benefits of the project.

7. Notes that we are in a housing emergency and approaches this project as a potential template for other projects across the Shire.

Project Vision & Objectives

The Project Vision is for Council, Landcom and the CHP to deliver diverse and affordable dwellings which best meets the housing needs of the Mullumbimby community while being feasible for all parties.

Landcom and Council’s shared process objectives for 57 Station Street, Mullumbimby are:

• Affordable Housing-Deliver the optimum amount of affordable housing which best meets the housing needs of the local community, while being financially feasible for all parties.

• Tenure–The housing is to be retained for affordability over the long-term through either a long-term (50-year+) lease or transfer of title to a CHP to manage.

• Car Park–Council is to retain ownership (through either freehold title or 99-year lease) of a car park with 24 car spaces.

• Financial Commitment (Council) –Council will not be required to contribute any additional funds to the development of the Project, other than the contribution of the Property for a consideration of $1.

• Financial Commitment (Landcom) – Landcom will perform its obligations on a “cost recovery” basis and recover its external and internal (development management and overhead) costs from the Project.

• Utilising the ground floor to include shopfronts along Station Street and additional dwellings rather than car parking. This to be explored via the co-design process workshopped with Councillors. The final design to be reported to Council.

Shared Project Outcomes

• Supply (Increase the supply of affordable and diverse housing): The delivery of new dwellings will provide a material boost to the supply of housing in Mullumbimby.

• Diversity (Increase housing diversity): The Project will deliver a diverse mix of product (including studios, 1-bedroom units and 2-bedroom units).

• Affordability (Provide affordable housing): The Project is targeted to deliver affordable housing for people on low-moderate incomes.

• Feasibility (Financially feasible for all parties): The Project will be financially feasible for all parties. In particular, Council will not be required to contribute any additional funds to the development of the Project, other than the contribution of the Property for a consideration of $1.

• Design (Establish design excellence): The Project will seek quality and sustainable design outcomes to ensure dwellings are durable, sustainable, fit for purpose and seamlessly integrate with the character of the local neighbourhood.

• Land Use (Ground floor retail): The Project will include retail shops on the ground floor facing Station Street.

Project Design

On 16 May 2022 a co-design workshop was held between Landcom and Council staff to further refine the preliminary concept plans presented at the 14 April Council Planning Meeting.

This workshop also considered, as resolved by Council, utilising the ground floor to include shopfronts along Station Street and additional dwellings rather than car parking. These concept plans were then presented to Councillors at the 2 June Strategic Planning Workshop.

At the 2 June Workshop, Landcom presented 3 concept options to Council with varying dwelling and carparking compositions. In response to Councillor feedback during that Workshop, a Reference Scheme was refined based on optimising the site for affordable housing units and ensuring appropriate activation of the Station Street commercial/retail use.

The Reference Scheme has been incorporated into the RFP documentation for tenderers to respond to.

The RFP process is a means to test the market as to whether such a reference scheme can be delivered and operated by a CHP, and be feasible, respond to a specific housing need, and locally appropriate.

Through the RFP process the CHP will provide a complying tender and propose how the Reference Scheme can be optimised to achieve the Project Vision and Desired Project Outcomes.

If an alternative design is proposed by the CHP, it will be assessed as a non-complying tender.

The Reference Scheme as agreed provides a total of 32 dwellings, including 12 x studio, 14 x 1 and 6 x 2 bedroom units for people on low-moderate incomes, as well as 120m² of retail/commercial space. The design, including number of dwellings, typology and configuration, will be determined through the co-design process and development application process with the successful CHP. There is an option for up to four of the units to be available to Council to provide accommodation for staff at market rates. If any of the units are not required in a given year they will be available to the CHP to place appropriate tenants.

Figure1: Artist’s impression

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Next steps

Council and Landcom intend to partner with a CHP to develop the Project in 4 stages:

· Stage 1: Contracts and Co-Design

· Stage 2: Development Application and Approval Phase

· Stage 3: Project Delivery

· Stage 4: Occupation by Affordable Housing Residents

Figure 2: Project process

At this time, Council as landowner is being asked to progress a RFP process as summarised below.

Request for Proposal (RFP) Process - Based on the design principles and reference scheme chosen by Council, Landcom will prepare tender documentation with Council to invite Community Housing Providers (CHPs). The purpose of the RFP Process is to select and enter into a Heads of Agreement with a preferred CHP.

Respondents will also be assessed on their ability to manage and deliver the Project within a suitable timeframe and manage risk appropriately.

It is recommended that provision will be made in the tender documentation to seek both complying and non-complying tenders:

Complying tender will have considered and responded to all the criteria detailed above. It is recommended that Council’s General Manager will have the delegated authority to accept the preferred tender as recommended by the Tender Evaluation Committee.

Non-Complying tender, subject to Council agreement, the RFP will be structured to provide CHPs an opportunity to provide a non-complying tender, in addition to a complying tender. This means that the tenderer can propose alternative commercial terms but that still demonstrate how the proposal meets the project vision and objectives.

Providing a non-complying tender option allows the process to introduce an alternate scheme that may provide an optimal outcome. Landcom and Council will work with the preferred CHP on the sites design.

Tender Evaluation Committee will have equal representation across Landcom and Council. It is recommended that two Council staff be appointed to the tender panel being Director Sustainable Environment and Economy and Acting Director Corporate and Community Services.

Subsequent to the RFP process being completed the Development Application Phase can commence/

Development Application (DA): Landcom and the CHP will undertake a co-design process. Landcom will prepare and submit the DA. The development application will be determined by Northern Regional Planning Panel with Council staff preparing the assessment report to the Panel. See comments below in community and engagement section.

Project managing the delivery will be the CHP, unless otherwise negotiated (between the CHP and Landcom) for Landcom to undertake the role.

Stage 1 Key Project Milestones

Milestones	When	Comments
Request for Proposals (RFP) from Community Housing Providers (CHPs) Open	Sept 2022	Landcom will prepare the RFP documents including an Information Memorandum, Returnable Schedules for the CHPs to complete, and a draft Heads of Agreement
RFP responses due	Oct 2022	CHPs will have 6-weeks to prepare an RFP response
Select preferred CHP partner	Nov 2022	An Assessment Panel (including two representatives from each organization (Landcom and Council)) will assess the RFP
Heads of Agreement signed	Early 2023	The Heads of Agreement will be finalized and signed with the preferred CHP Partner

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.5: Resourcing - Identify and investigate resourcing to meet future needs	1.3.5.9	Review relocation expenses protocol in the Recruitment and Selection Guideline and introduce a short-term housing accommodation scheme
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.5: Create social impact and initiatives that address disadvantage	2.5.3: Rough sleepers - Work in partnership to reduce and end rough sleeping through community action	2.5.3.1	Respond to people experiencing homelessness and rough sleepers through engagement and referrals to appropriate support and housing services
4: Ethical Growth We manage growth and change responsibly	4.2: Enable housing diversity and support people experiencing housing insecurity	4.2.2: Partnerships and pilots to address housing needs - Investigate partnerships and pilots that deliver an innovative and affordable housing model for the Shire	4.2.2.2	Deliver Landcom MoU

Recent Resolutions

· Resolution 19-565 – MOU with North Coast Community Housing

· Resolution 21- 302 – in-principle support to facilitate the establishment of diverse and affordable housing on suitable Council owned car parks

· Resolution 22-120 – Term Sheet Agreement with Landcom re. affordable housing project on 57 Station Street Mullumbimby

Legal/Statutory/Policy Considerations

Council resolved (res. 22-120) to enter into a Project Agreement in the form of a Terms Sheet Agreement (TSA) with Landcom to facilitate work with Council on this project. The TSA has now been signed by both parties. The TSA sets in place some parameters around which discussions continue, allowing Landcom to complete due diligence and further design iterations. It also establishes consideration of the roles of the parties and how the project would be delivered.

Financial Considerations

There are several matters that need to be resolved in more detail between Landcom and Council including the: design, structure, financial feasibility, and legislative compliance of the project. These matters will be the subject of further discussions and reports to Council as required under the TSA.

Consultation and Engagement

Codesign workshop held between Landcom and Council staff.

Strategic Planning Workshop held with Councillors.

As the development application will be referred to the Northern Regional Planning Panel, under Council’s Community Participation Plan (CPP) it is deemed to be community significant development, which requires consultation with the community before the development application is lodged.

Landcom will develop a suite of communications and engagement approaches for this project including a virtual engagement room like their Queenscliff project and project information accessible on their website, with links to this from Council’s web.

To provide Councillors with updates on the project it is recommended that workshops be held every quarter through the project’s life with the CHP.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.13

Report No. 13.13 Popcar FY2021 report

Directorate: Sustainable Environment and Economy

Report Author: Phillip Ridler, Sustainability Officer

File No: I2022/561

Summary:

This report outlines the community usage of the share car service provided by Popcar that is located on Council operational land. The reported usage is between April 2021 and March 2022, this is compared to the previous year April 2020 to March 2021.

In 2021 Council resolved (Res 21-200) to increase the number of bays supplied to Popcar from 10 to 16, however, only four new spaces were identified and agreed upon.

Usage has decreased between April 2021 and March 2022 compared to the previous year, bookings have decreased 17% and overall hours usage is 44% less. This is also with an addition of four new vehicles, although three were only in place for 4 months. If the four new spaces were not added the bookings would have been down -26% and hours -54%.

The decrease in use of the Popcar service is believed to be due to a COVID-19 influence, resulting in less visitors and low general travel and community activity.

Popcar’s current annual lease expired on 29 July 2022. Based on the past performance, prior to COVID-19, and the recent increased use of the share cars and the benefits this service brings to the community, it is recommended that Council continues to lease the 14 bays to Popcar. It is recommended Popcar continue to operate the share cars within Byron Shire for a period of 12 months, ending on 29 July 2023.

There are other car share companies operating in Australia. Council must create an equal opportunity for all operators, and as per Resolution 21- 200, staff will invite car share operators in 2022/23 to respond to a competitive Expression of Interest for the 14 car share parking bays in Byron Shire for a three-year lease commencing in 2023/24. This will give Popcar more than 12 months to test the viability of the extra four vehicles they have added with the additional bays, and for business as usual to be monitored following the effects of the Covid lockdowns and flood disturbance.

RECOMMENDATION:

That Council:

1. Continues to lease the 14 bays to Popcar to provide a car sharing service in Byron Bay and Mullumbimby and invite Popcar to renew their annual lease, with an end date of 29 July 2023.

2. Notes that the cost of applications and bay permits as outlined in the Car Share Procedure and Council’s Fees and Charges will be reviewed in line with the 2023/24 budget process.

Attachments:

1 Appendix 1, Popcar Community usage FY20-21, E2022/47765

Report

Popcar provides a car share service with 14 vehicles in the Byron Shire Council area, 12 are based in Byron Bay and 2 in Mullumbimby. The Popcar vehicles are located on Council owned land and Popcar pay a yearly fee to Council per space.

The inclusion of share cars in Byron Shire provides an alternative transport option for the community. It can help to reduce the need for private car ownership and when coupled with other mechanisms, facilitate the people first, cars second vision of the Byron Town Centre Masterplan.

Key advantages of a car share service for the community are that it encourages reduced car ownership, reduces traffic volumes and saves on carbon emissions as the cars currently supplied by Popcar are hybrid vehicles.

This report outlines the community usage of the share cars provided by Popcar that are located on Council land. The reporting period is April 2021 to March 2022 and comparisons are made to the previous reporting period April 2020 to March 2021. The report also recommends extending the lease with Popcar whilst staff invite car share operators to respond to an Expression of Interest process (as per Res 21-200) to utilise the 14 car share parking bays.

Background

In 2018, Council resolved (Res. 18-115) to support a 12 month car share pilot. Expressions of Interest were sought from car share companies and Popcar was selected (Res.19-009). Popcar launched their services in Byron Shire on June 5, 2019 with 8 share cars available in Byron and 2 in Mullumbimby.

In 2020, Council resolved (20-271) to continue to lease the 10 bays to Popcar and for staff to liaise with Popcar and the Local Traffic Committee about possible expansion of car parking spaces.

On 25 June 2021, Council resolved (21-200) to:

1. Continues to lease the 10 bays to Popcar to provide a car sharing service in Byron Bay and Mullumbimby and invite Popcar to renew their annual lease, with an end date of 29 July 2022.

2. Notes this report and that Popcar’s proposal for 6 additional parking bays in Byron Bay will be reported to Council through the 17 August 2021 Local Traffic Committee Meeting (if approved the lease end date will be 29 July 2022 in line with the original 10 bays).

3. Notes that a report outlining the next 12 month usage statistics, including the usage of the 6 additional bays (if they are approved), will be provided to Council in June 2022, and that a recommendation on whether or not to invite Popcar to renew their annual lease for another year will be made at that time.

4. Notes that the cost of applications and bay permits as outlined in the Car Share Procedure and Council’s Fees and Charges will be reviewed as part of the 2022/23 budget process.

5. Resolves to invite car share operators to respond to a competitive Expression of Interest in 2022/23 for the 10 (potentially 16) car share parking bays in Byron Shire for a three-year contract commencing in 2023/24.

Community usage

A comprehensive report detailing the usage of each vehicle from April 2020 to March 2022 is contained in Attachment 1.

Usage has decreased between April 2021 and March 2022 compared to the previous year, bookings have decreased 17% and overall hours usage is 44% less.

The decrease in use of the Popcar service is believed to be due to the COVID-19 lock downs resulting in less visitors and low general travel and community activity. Also, the floods did affect the car use and a Popcar in Marvel Street and one in Shirley Street were inundated with water and have since been withdrawn and are being replaced. There is also a decrease in the usage of Popcars at the Station Street Carpark. This is in part attributed to Council staff no longer needing to use these vehicles for business due to pool and council cars being available. The drop in usage can be seen in the graphs below, the months mainly affected by the COVID-19 restrictions are June 2021 to November 2021:

Table 1: Booking hours summary, with the 4 new spaces included.

	April 2020 – March 2021	April 2021 – March 2022	Percentage change
Total Bookings	1,776	1,473	-17%
Total Hours Booked

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
3: Nurtured Environment We nurture and enhance the natural environment	3.1: Partner to nurture and enhance our biodiversity, ecosystems, and ecology	3.1.1: Native species - Use best practice land management to improve ecological resilience and reduce threats to biodiversity	3.1.1.1	Partner with DPE to implement koala vehicle strike mitigation in Byron Shire as part of the NSW Koala Strategy 2022-2026.
			3.1.1.2	Engage with the community regarding mitigating threats to koalas.