Agenda of Ordinary Meeting

Cover page Agenda and Min Ordinary infocouncil

Agenda

Ordinary Meeting

Thursday, 23 August 2018

held at Council Chambers, Station Street, Mullumbimby

commencing at 4.00pm

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

Mark Arnold

General Manager

CONFLICT OF INTERESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

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

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

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

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

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

BYRON SHIRE COUNCIL

Ordinary Meeting

BUSINESS OF Ordinary Meeting

1. Public Access

2. Apologies

3. Requests for Leave of Absence

4. Declarations of Interest – Pecuniary and Non-Pecuniary

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

6. Adoption of Minutes from Previous Meetings

6.1 Byron Shire Reserve Trust Committee held on 2 August 2018

6.2 Ordinary Meeting held on 2 August 2018

7. Reservation of Items for Debate and Order of Business

8. Mayoral Minute

9. Notices of Motion

9.1 Byron Shire Voluntary Visitor Fund................................................................................... 6

9.2 2018 Local Government NSW Conference Motion........................................................ 13

9.3 Waiver of Approval Fees for Chincogan Charge Event................................................. 15

10. Petitions

11. Submissions and Grants

11.1 Byron Shire Council Submissions and Grants as at 1 August 2018............................... 17

12. Delegates' Reports

13. Staff Reports

General Manager

13.1 Railway Park rotunda location options............................................................................ 19

13.2 Representation at Northern Rivers Rail Trail Meetings................................................... 24

13.3 Byron Skate Park and Recreation Hub.......................................................................... 26

13.4 International Parking Day - Byron Bay........................................................................... 29

13.5 Open Space and Recreation Needs Assessment and Action Plan - draft for community consultation......................................................................................................................................... 32

13.6 Revised Community Engagement Policy....................................................................... 38

Corporate and Community Services

13.7 Land and Environment Court Proceedings Gordon Highalands Pty Ltd ....................... 40

13.8 Operational Plan 2017-2018 and Delivery Program 2017-2021 - 6-month progress report to 30 June 2018................................................................................................................................. 48

13.9 Council Resolutions Quarterly Review - 1 April 2018 to 30 June 2018.......................... 51

13.10 Carryovers for inclusion in the 2018/19 Budget.............................................................. 53

13.11 Budget Review 1 April 2018 to 30th June 2018.............................................................. 58

13.12 Investments July 2018.................................................................................................... 67

13.13 Bayshore Drive Roundabout Public Art Project.............................................................. 74

13.14 Water, Waste and Sewer Advisory Committee - Community Representatives............. 76

13.15 Licence for community garden at Red Bean Close Suffolk Park.................................. 78

Sustainable Environment and Economy

13.16 Planning Proposal Update - The Saddle Road (26.2017.3.1) ........................................ 86

13.17 PLANNING - Exceptions to Development Standards - 1 April 2018 to 30 June 2018 .. 91

13.18 Development of the new Tourism Management Plan .................................................. 94

13.19 Submissions Report on the Draft Integrated Pest Management Policy....................... 100

Infrastructure Services

13.20 Grays Lane Upgrade - Project Status and Community Consultation Outcomes ........ 108

13.21 Waterlily Park Planned Upgrades................................................................................. 114

13.22 Suffolk Beachfront Holiday Park Dog Friendly Report................................................ 121

13.23 Settlement Road Submission Update .......................................................................... 130

13.24 Broken Head Reserve & Seven Mile Beach Road - ongoing issues............................ 134

13.25 Suffolk Park Stormwater Drainage Asset Condition.................................................... 142

13.26 Byron Bay High School - Safety Issues at Arakwal Court........................................... 147

13.27 Parking Time Changes in Mullumbimby, Bangalow and Brunswick Heads - Status Report 150

13.28 Recycled Water Management Strategy 2017-27......................................................... 157

13.29 Coolamon Scenic Drive - Improving Road Safety....................................................... 160

13.30 Suspension of Council Policy 4.17................................................................................ 163

14. Reports of Committees

Sustainable Environment and Economy

14.1 Report of the Heritage Panel Meeting held on 3 July 2018.......................................... 165

Infrastructure Services

14.2 Report of the Local Traffic Committee Meeting held on 31 July 2018......................... 167

No table of contents entries found.

15. Questions With Notice

Responses to Questions on Notice are now available on www.byron.nsw.gov.au/Council/ Council-meetings/Questions-on-Notice

16. Confidential Reports

Corporate and Community Services

16.1 Confidential - Request for Tender for Minor Civil Works less than $150,000 (2018-0024) 172

16.2 Confidential - Council purchase from Health Administration Corporation- Mullumbimby War Memorial Hospital site and Site Remediation .............................................................. 174

Infrastructure Services

16.3 Confidential - CONTRACT 2018-0028 100mm Water Main Rail Corridor Byron Bay 177

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 Byron Shire Voluntary Visitor Fund

File No: I2018/1329

I move:

That Council support the development of a Voluntary Visitor Fund using framework and governance structure option 3 - which shows Council as the administrator of the fund with an industry led Steering Committee.

Signed: Cr Simon Richardson

Councillor’s supporting information:

We know the options for receiving money directly from visitors to Byron Bay have been discussed at length over the years. It is a common myth that Council receives a sizable financial benefit from the millions of tourists that visit Byron Bay. In fact, aside from heightened business rates, it receives nothing and spends millions of dollars to provide extra sewerage capacity, increased road maintenance and toilet upkeep just to name a few costs.

The underlying ideology behind this initiative, and in fact behind the wider volunteer tourism sector, is that it supports a transition in society from ‘travel to take’ to ‘travel to assist’ – putting something back while you travel. We are increasingly interested in ensuring a place we visit is better for us being there and studies have shown that over 90% of visitors would be supportive of contributing to the area they visit.

Our local community would also benefit from the funds, and may improve relations towards visitors if the community could see the tourist dollar being directed towards enhancing and maintaining our town. There is increasing evidence that visitors and the tourism industry are prepared to provide voluntary support for environmental conservation and the wellbeing of local communities in destinations. A number of studies have identified that tourists are willing to pay for such outcomes, provided that local benefits can be clearly identified.

At the Council meeting on 21 November 2013, I put forward a Notice of Motion regarding a Voluntary Visitor Contribution for Byron Shire to assist with managing the impacts of tourism. The Council resolution was as follows (13-622):

1. That Council commence a trial voluntary visitor contribution at the First Sun and Suffolk Park caravan parks.

2. That staff ensure this requirement is outlined within the scope of future park management contracts.

3. That the trial period begins from 1 July, 2014, coinciding with new park management contracts and an evaluation be provided after the Summer holiday period, 2015.

4. That staff provide a report addressing the following aspects:

a) Creation of a Beautify Byron Fund, in which to receive funds raised and to provide a prioritised list of projects where the funds raised could be spent.

b) The development of a marketing and promotional strategy to facilitate the voluntary contribution project.

c) Inviting other businesses within Byron Bay to also take part in the voluntary contribution scheme, including being part of a governing body to oversee the Fund.

d) Financial implications.

Since this resolution, a minimal amount of funds have been raised through Councils holiday parks.

Over the past 12 months I have been speaking to industry looking for feedback and support with launching a voluntary visitor fund. These discussions have involved looking at a model where the business opts-in and simply adds a small contribution to the visitor’s total bill. In May 2018, an industry forum was held presenting some of the information below, which shows how a voluntary visitor fund could be initiated in Byron Shire. This includes the following:

1. A proposed framework / governance structure

2. Proposed administration

3. Proposed fee structure

4. Transparency and auditing

5. Collection frequency and method

6. Contracts with accommodation providers

7. Project budget, including income estimates

8. Timelines

Proposed Framework and Governance Structure

The following table shows three different framework and governance options.

Option 1

Tourism Organisation Administers

Option 2

Independent Accountant with Industry Steering Committee

Option 3

Byron Council and Steering Committee Administers

Tourism Organisation would:

· Engage Executive Officer or staff to administer

· Collect data

· Manage trust account or engage accountancy firm

· Distribute funds to projects

· Administer contracts

· Undertake promotions and marketing

· Secure memberships.

The Accountant would:

· Manage trust account

· Collect data

· Distribute funds to projects

The Steering Committee would:

· Engage and manage Executive officer/staff

· Undertake promotions and marketing

· Secure memberships

· Administer contracts.

Byron Shire Council would:

· Manage trust account

· Collect data

· Distribute funds to projects

The Steering Committee would:

· Undertake promotions and marketing

· Engage Executive Officer

· Secure memberships

· Administer contracts.

Pros:

· Arms length from Council

· Industry Association led

· More flexible and responsive to market changes

· Not For Profit with strict auditing requirements

· GST management would be absorbed into current structure

Pros:

· Arms length from Council

· Whole of industry led – those who are members or signed up led

· Accountant collects commercial in confidence data & protects privacy

· Encompasses all accommodation options

· Flexible and responsive to market changes

Pros:

· Establish new bank account for transparency

· Subject to independent audit

· Existing GST and debt recovery processes

· Council collects commercial in confidence data & protects privacy

· Steering committee would oversea operation of account and distribution of funds

· Leverage existing administration services within Council

Cons:

· Only one portion of the market and would the rest of the industry be comfortable sharing their commercial in confidence figures?

· Volunteer run organization without the experience to administer and promote such a program

· The program could take organisation away from core business

· Additional costs to the organization

· Costs to administer the program

Cons:

· Accountant costs to administer the trust account would be considerable

· The steering committee would also require funds to drive membership, marketing and administer the program

· New governance structure and organisation

· Administration costs spread across two groups could be considerable

· Considerable costs to establish organization

· Time taken to establish and commence

Cons:

· Funds could be ‘perceived’ as being used as consolidated revenue

· Additional work for Council to administer

· Lack of experience administering and running a membership scheme

· Is it Council’s core business? And would industry support this model?

Industry has highlighted option 3 as their preference, which shows Council as the administrator of the fund with an industry led Steering Committee.

Proposed Administration

This project would require the engagement of an Executive Officer to undertake the following tasks:

1. Secure industry memberships and grow the number of contributions (and also work with purchasing to input each business as a supplier)

2. Administer contracts with members

3. Work through the collection methodology and auditing process

4. Undertake all promotions and marketing with the visitor economy and members (develop the branding, marketing collateral, website and social media strategy)

5. Oversee project selection and completion

It is anticipated the Executive Officer would be employed for 3 days a week to drive and administer the program. The officer would report to the Economic Development and Sustainability team and work directly with the Industry Steering Committee and Council staff to assist in communicating the delivery of each project.

Proposed fee structure to guide industry

Below is the proposed pricing classification for industry.

Bookings under $100	Bookings $100 - $199	Bookings $200 - $299	Bookings $300 - $499	Bookings $500 and over
Proposed Fee Options
$NIL	$1	$2	$3	$5

Note: at the industry forum it was suggested that only accommodation providers be targeted. If tour and activity providers and restaurants etc. added a contribution to the bill it could be argued that many visitors would pay a contribution twice. Also, it would be extremely labour intensive to administer this program with hundreds of tour and activity operators. Note, the structure above does not capture day visitation.

* Bookings refer for accommodation only (not transfers, food, activities, beverages etc.)

Here is an example of how funding could be raised

Hotels, Resorts & Motels	Backpacker Hostels	Apartments and Houses	Festival camping	Caravan & camping/B&B
Per accommodation booking	Per accommodation booking	Per accommodation booking	Per accommodation booking	Per accommodation booking

Proposed Fee Options (as per the table above)
$2	$1	$5	$1	$2
Approximate number of properties
38	13	1,000	Falls & Splendour	65
Approximate number of voluntary accommodation units
2,500	1,500	1,000	40,000	6,000
If we had 25% paying the fee with an annual average occupancy rate of 75%
$172,000 potentially	$14,500 potentially	$48,500 potentially	$120,000 potentially	$117,000 Potentially

Business contributions

The Voluntary Visitor Fund (VVF) can also create the mechanism for local business to provide a lump sum ‘donation’ to the fund to contribute to local projects. Note: Council cannot achieve charity status for the VVF, so a business making a donation will not receive the tax benefits that it would normally receive by donating to a charity.

Transparency

After much consultation with industry more work needs to be done to work through the mechanics of collection method of the VVF and in particular how to report the amount of funds raised. This process is not as straight forward as first thought. It is suggested that Council meet with small, medium and large accommodation providers and also a property with Management Rights to understand how a collection method could be adopted, or whether multiple methods are required for different operators.

Some accommodation outlets report their occupancy daily (occupancy/vacancy rate) to their channel managers i.e. Wotif, booking.com etc. So the reporting of the occupancy rate is normal practice therefore basing the voluntary fee on the occupancy rate could make it straight forward for some operators to administer.

Collection Frequency and Auditing

After speaking with industry, Council could issue invoices monthly to participating businesses. Monthly invoices would also assist in managing cash flow by having funds available regularly to pay for projects.

Each month businesses would send their bookings (from their channel manager report or other identified reporting mechanism – to be decided after more industry consultation) to Economic Development. Council would then raise invoices monthly based on the reports from each business.

It is recommended that once a year an independent auditor conducts an audit to review the accuracy of the channel manager and/or other reporting mechanisms from operators and pick up any discrepancies.

Contracts with Accommodation providers

Contracts need to be developed between Council and the participating accommodation houses. Ideally this would be for a minimum period for example, two years (or the longer the better) would be essential. For ease of administration, the accommodation property could select which projects they want their funding to support at the time of signing their contract.

Part of the contract must address the promotion of the scheme ensuring positive buy-in from participating businesses. This Executive Officer will need to assist the visitor economy to promote the positive aspects to both the visitors and local community. Promotional material such as logos for accommodation, brochures and project updates would be vital to assist visitors making a positive choice when selecting their accommodation.

Project Budget

Revenue	Estimate
Potential income in year 1	$220,000

Estimated Costs in year 1	Estimate
· Establish branding, collateral and website	$50,000
· Accountancy fees (applicable with options 1 and 2)	$20,000
· GST, bank fees, insurances (applicable with options 1 and 2)	$10,000
· Executive officer – 3 days per week - annually	$45,000
· Equipment ie: phone, computer	$5,000
· Audit fees	$5,000
· Member events/engagement	$5,000
Total	$140,000

The estimated costs provided must be paid upfront to ensure there is no cash flow issue for Council. Also, it’s important that in its first year the project delivers outcomes for Byron Shire, rather than contributions solely being used to pay for the ‘administration’ of the program.

I am requesting that $140,000 be initially sourced from operational funds. Over time money collected will cover all administrative costs and also provide adequate funding the deliver projects and can be returned to Council once the VVF has been collected.

Timelines

Task	Indicative timing - 2018
Appoint an Executive Assistant (Note: the tasks of the EO are listed on page 3)	September
Develop the branding collateral, website and social media strategy	September – December
Develop contracts and secure industry memberships	October – December
Appoint the Industry Steering Committee	October / November
Industry launch event (and media launch)	November
Projects identified and publicised	November
Commence social media strategy	December

Proposed Projects

Council and the Industry Steering Committee would work with industry and the community to identify and prioritise projects.

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

Staff have been working with industry in this space and there is support from the accommodation sector for some form of visitor contribution.

The potential risk to Council is the unknown amount of revenue that will be raised and potentially not being able to cover the administration costs of the program. Also, there is still a lot of work that needs to be completed around the collection methodology and the auditing process (and the somewhat lack of transparency). The Economy and Sustainability team would work through these issues with the appointed Executive Officer.

Financial/Resource/Legal Implications:

The estimated costs for year 1 are $140,000 and much of these costs are fixed. There is a potential risk to Council that the revenue goal is not reached and Council is unable to deliver any projects or cover the running costs of the project. Currently, there are no funds to cover these costs should that occur.

Is the proposal consistent with any Delivery Program tasks?

The VVF aligns with the Byron Shire Tourism Management Plan and Delivery Plan. This is described in detail below.

Council’s Tourism Management Plan (TMP) has a whole strategy dedicated to improving the provision of funding. Objective two of the TMP asks Council to identify, pursue and implement appropriate funding for the management, development and marketing of tourism and for the environmental enhancement of tourist areas.

Objective 5 of the TMP looks at on-going local education and communication to ensure visitors, local businesses, local government and the community understand tourism and community values.

The VVF also aligns with Council’s Delivery Plan. In particular the following strategies:

· Strategy 3.1 - partner to protect and enhance our biodiversity, ecosystems and ecology.

· Strategy 4.1 – support the visions and aspirations of local communities through place-based planning and management

· Strategy 4.4 – support tourism and events that reflect our culture and lifestyle

· Strategy 5.1 – engage and involve community in decision making

A VVF initiative is also reflective of the feedback heard by community during the ‘Big idea Revenue Workshops’ held during the preparation of the Our Byron Our Future Community Strategy Plan.

BYRON SHIRE COUNCIL

Notices of Motion 9.2

Notice of Motion No. 9.2 2018 Local Government NSW Conference Motion

File No: I2018/1514

I move:

That Byron Shire Council resolves to put the following proposal to the 2018 Local Government NSW Conference:

“That Local Government NSW provide research and resources to support Councils in NSW developing and implementing Gambling Harm Prevention policies.”

Signed: Cr Paul Spooner

Councillor’s supporting information:

The proposed motion for this year’s state conference supports the Notice of Motion resolved at the 22 March meeting of council, in particular point 4.

18-161 Resolved:

1. That Council write to the new owners of The Beach Hotel endorsing their deliberate decision to remove poker machines from their venue to improve the wellbeing of the Byron Shire community and set a precedent for other venues across Australia to follow.

2. That Council write to all remaining poker machine venues in Byron Shire opening a dialogue to gauge their interests in pursuing a similar strategy to divest their poker machines and offering Council support if they wish to investigate alternative business models.

3. That Council undertake a review of Council’s potential interests and involvements with poker machines by researching:

i) council investments with regard to the Ethical Investment Policy;

ii) any council or crown land leases that may involve poker machine venues; and

iii) planning controls that may be available (or potentially available) for limiting the use of poker machines within the shire.

4. That a report be prepared for the May Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines.

5. That Council requests that the State Government refer the proposed amended NSW Legislation in relation to gambling, announced and introduced to parliament on 5 March 2018, to an inquiry for further investigation and consultation with local governments as to the potential impacts on gambling harm in our community.

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

Staff recognise the social, emotional, and economic impacts of problem gambling within the community and the proposed motion adheres to the LGNSW policy principles.

Council received a report at the May 2018 Ordinary Meeting which outlined the limited number of NSW councils who have developed a gambling harm minimisation Policy. Council resolved to review and receive a report on the development of the Northern Beaches Council Gambling and Poker Machine Harm Minimisation Strategy that is due to be finalised in August 2018. It is anticipated that this body of work will provide a guide to Council for development of a local harm minimisation policy.

The motion if adopted at the 2018 Local Government NSW Conference, would result in additional resources being available to all Councils, to assist and support in the preparation of local harm minimisation policies.

Financial/Resource/Legal Implications:

It is expected the work requirements for developing a Gambling Harm Minimisation Strategy will be met from existing budgets unless additional resourcing support can be secured externally.

Is the proposal consistent with any Delivery Program tasks?

2.2 a) Develop and maintain collaborative relationships with the government sector and community.

BYRON SHIRE COUNCIL

Notices of Motion 9.3

Notice of Motion No. 9.3 Waiver of Approval Fees for Chincogan Charge Event

File No: I2018/1519

I move:

That Council:

1. Waive approval fees associated with the 2018 Chincogan Charge event

2. Reimburse Mullumbimby Chamber of Commerce for any approval fees already paid

3. Advertise the amount of the waiver as a s356 donation

Signed: Cr Basil Cameron

Councillor’s supporting information:

The Chincogan Charge has been a long time feature of community and social life in Mullumbimby. It is a footrace over a return course from town to the top of Mt Chingcogan.

Traditionally held as part of the Chincogan Fiesta, one of Mullumbimby’s most important fund raising events which regularly saw significant sums donated to various community causes, perhaps most notably for purchasing equipment and services for the Mullumbimby Hospital.

The Chincogan Fiesta has not been held for many years, however in 2017, in response to much discussion in the community, the Chincogan Charge was successfully reprised. The 2018 event is scheduled for 8 September and will incorporate a salute to the spirit of the Chincogan Fiesta with a food provided by Mullumbimby Public School and a tug of war organised by the Brunswick Valley Historical Society and local business.

The event involves a street closure that has already been given approval through the LTC and Council. I propose that approval fees associated with the street closure be waived.

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

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

Council as part of the 2018/2019 Budget Estimates has allocated a total budget of $7,000 to assist community organisations with the costs of any approvals from Council required to conduct community events as a Section 356 Donation. At the time of preparing these comments, none of this budget has been expended so far in the 2018/2019 financial year.

Should Council approve this Notice of Motion, funding is available to assist with approval fees for the Chincogan Charge and as indicated at part 3 any donation made to offset the approval costs will need to be advertised.

It is understood from Council events staff, the event for 2018 is different to that held in 2017 and will require only a Roads Act approval for road closure. The cost of this for the 2018/2019 financial year is $368.00.

Financial/Resource/Legal Implications:

Waive fees for approvals associated with approvals for Chingcogan Charge.

Is the proposal consistent with any Delivery Program tasks?

Section 356 Donations and Activities

2341.16 Contribution - Community Events - Approval Expenses

BYRON SHIRE COUNCIL

Submissions and Grants 11.1

Submissions and Grants

Report No. 11.1 Byron Shire Council Submissions and Grants as at 1 August 2018

Directorate: Corporate and Community Services

Report Author: Jodi Frawley, Grants Co-ordinator

File No: I2018/1411

Theme: Corporate Management

Corporate Services

3Summary:

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

RECOMMENDATION:

That Council note the report and attachment (#E2018/64272) for the Byron Shire Council Submissions and Grants as at 1 August 2018.

Attachments:

1 BSC Submissions and Grants as at 1 August 2018, E2018/64272 ⇨

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

Successful Applications

· Development of Compliant Plans, Implementation of new Crown Land Management Act 2016, NSW Office of Local Government

Unsuccessful Applications

· Implementation of projects in the Byron Bay Town Centre Masterplan, Building Better Regions Fund round 2, Australian Government

· Byron Bay Skate Park, Regional Sports Infrastructure Fund, NSW Regional Growth Fund

Applications Submitted

· The Redevelopment for the Far-North Coast Fire Control Centre, Infrastructure Grants – Emergency Preparedness, NSW Liquor and Gaming

· Statements of Heritage Significance for Rail Precinct Byron Bay, Royal Australian Historical Society Rail Transport Heritage Grants

· Main Arm Road Curve Improvements at Chainage 5900, Safer Roads, NSW Roads and Maritime Services

· Main Arm Road and Settlement Road Intersection, Safer Roads, NSW Roads and Maritime Services

· Coolamon Scenic Drive - Road Safety Evaluation (Project 1), Safer Roads, NSW Roads and Maritime Services

· Coolamon Scenic Drive - Road Safety Evaluation (Project 2), Safer Roads, NSW Roads and Maritime Services

· Coolamon Scenic Drive - Road Safety Evaluation (Project 3), Safer Roads, NSW Roads and Maritime Services

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

Financial Implications

If Council is successful in obtaining the identified grants more than $20 million would be achieved which would provide significant funding for Council projects. Some of the grants require a contribution from Council (either cash or in-kind) and others do not. Council’s contribution is funded. The potential funding and allocation is noted below:

Requested funds from funding bodies	8,194,050
Council cash contribution	4,140,176
Council in-kind Contribution	56,158
Other contributions	8,540,000
Funding applications submitted and awaiting notification (total project value)	20,930,384

Statutory and Policy Compliance Implications

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

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1

Staff Reports - General Manager

Report No. 13.1 Railway Park rotunda location options

Directorate: General Manager

Report Author: Claire McGarry, Place Manager - Byron Bay

File No: I2018/1392

Theme: Infrastructure Services

Open Space and Recreation

Summary:

In 2018-19, Byron Shire Council is upgrading Railway Park with landscaping, additional seating and lighting, a new playground, and connecting pathways. This upgrade will bring the area to life so that it can become a space the community is proud of and a fitting ‘welcome’ to the centre of Byron Bay.

Staff are progressing with detailed design for the project, with preliminary works currently underway. A critical decision to be made before detailed design can progress is the location of the rotunda occupied by the Byron Environment Centre.

This report details the consultation undertaken with the Byron Environment Centre, their adopted position regarding rotunda location, and the consultant designer’s commentary on the suitability of potential rotunda locations in the context of the overarching park design.

RECOMMENDATION:

1. That Council note the request from the Byron Environment Centre regarding the location of the rotunda in Railway Park.

2. That Council identify the preferred location for the rotunda.

3. That staff progress with detailed design incorporating the identified rotunda location, and investigate cost estimates if relocation and restoration are required.

Attachments:

1 BEC request Railway Park, E2018/65942 ⇨

Report

Background

In December 2017, Council resolved to endorse the Railway Park Landscape Concept Plan. Staff are progressing with detailed design for the project, with preliminary works currently underway.

A critical decision to be made before the detailed design can progress is the location of the rotunda occupied by the Byron Environment Centre (BEC).

Consultation

Between July and December 2017, staff notified all stakeholders (including the BEC) of the project commencement and concept designs via hard copy letter, email and phone.

Staff have had ongoing discussions with the BEC to gather feedback on the park upgrade designs and the location of the rotunda. Specifically, Council and the BEC met:

· 18 December 2017 – General Manager and landscape designer (on-site)

· 27 February 2018 – General Manager and staff (on-site)

· 23 May 2018 – General Manager, Mayor and staff (Council office)

· 29 June 2018 – General Manager, staff and landscape designer (on-site)

· 27 July 2018 – General Manager and staff (Council office)

Stage 1 works were completed in April 2018.

Over the past 12 months, staff have consulted with a wide range of stakeholders including the BEC, the Byron Masterplan Guidance Group, surrounding businesses, Councillors, and park users to gather feedback on the park design and construction timeframes. The project has also attracted regular media coverage through local outlets.

Rotunda Location

Following a Strategic Planning Workshop with Councillors, staff met with the BEC on-site in Railway Park on 29 June 2018 to present Council’s preferred rotunda location – identified as ‘B’ on the map below. The BEC were asked to consider the proposal and provide a written response to Council. Staff had previously discussed the option of the rotunda being located outside Railway Park (eg Main Beach) but this was not seen as a viable option by the BEC.

On 13 July 2018 staff received a formal response from the BEC (attached), requesting that Council consider alternative locations for the rotunda within Railway Park.

Staff met with the BEC on 27 July 2018 which included discussions regarding the possibility of relocation. During these discussions certainty regarding tenure and future use and management of the rotunda by the BEC was raised. The attached response from the BEC also addresses this issue.

The below map details potential rotunda locations – locations A, C and D were identified by the BEC. Location B was identified by Council.

The below table outlines the potential rotunda locations alongside commentary on the suitability of each location in the context of the overarching park design. The ‘design implications’ advice has been provided by Plummer and Smith – landscape architects engaged to design the Railway Park upgrade.

#	LOCATION	RATIONALE FROM BEC	DESIGN IMPLICATIONS
A	Existing location	· High visibility · Close to street and thoroughfares · Cultural statement	Undesirable because: · Impedes view lines into and across the park – safety implications · Results in a visual and physical barrier on the front edge of the park · A key public gathering and street front location within the park is lost to locked ‘private’ space · Covers prime lawn locations
B	North-Eastern corner between tree stump and Jonson Street	Undesirable to BEC because: · Lack of visibility · Close to bank wall · Not close to thoroughfares	· Utilises a currently under-utilised part of the park · Places structure in an area where lawn areas may struggle due to aspect · Opens view lines into and across the park · Retains tree stump in situ · Allows for tree plantings along bank wall · Central cottonwood trees remain the focus of the park for pedestrians crossing Jonson Street
C	A few metres north-east of existing location	· High visibility · Close to street and thoroughfares · Central cottonwood trees remain focus of the park for pedestrians crossing Jonson Street	Undesirable because: · Results in a visual and physical barrier on the front edge of the park · A key public gathering and street front location is lost to locked ‘private’ space · Covers prime lawn locations
D	South-Eastern corner close to existing public phones	· Allows space for events · Close to Jonson Street · View throughout the park · Indigenous art complements public art space	· Impedes view lines into park – safety implications · Results in a visual and physical barrier on the front edge of the park- we are removing the toilet block from this location in an effort to open the park edge up and create a welcoming space · A key public gathering and street front location within the park is lost to locked ‘private’ space · Depending on the location it may be covering prime lawn locations

In addition, if Council resolves to relocate the rotunda, the BEC has requested some funds to help to restore the structure and indigenous paintings after the move.

Financial Implications

If the rotunda is relocated, cost estimates will need to be sought regarding the relocation and restoration of the rotunda as per the above request from the BEC.

Statutory and Policy Compliance Implications

Council is preparing a Plan of Management for Railway Park. The draft Plan of Management is on exhibition until 31 August 2018, and aims to support the landscape upgrade works and guide the future use of the Park for community purposes.

The draft Plan of Management proposes to alter the categorisation of the land from ‘Community – Park’ to ‘Community – General Community Use’.

The draft Plan of Management allows for the rotunda to be located on any of the sites identified on the plan.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.2

Report No. 13.2 Representation at Northern Rivers Rail Trail Meetings

Directorate: General Manager

Report Author: Heather Sills, Corporate Governance Officer

File No: I2018/1394

Theme: Corporate Management

Councillor Services

Summary:

The Northern Rivers Rail Trail Inc (NRRT Inc) have extended an invitation to Council to have a representative attend their regular meetings.

This report is provided to allow Council to consider the invitation and to nominate Council representative(s) to the NRRT Inc.

RECOMMENDATION:

That Council nominate Cr _________________ to attend the Northern Rivers Rail Trail Inc meetings as a representative of the Byron Shire Council.

Report

Byron Shire Council has been represented by staff and Councillors in the past through attendance at the meetings of the Northern Rivers Rail Tail Inc (NRRT Inc.).

Attendance at these meetings would provide Council with an opportunity to work with the NRRT Inc to ensure future plans are consistent with Council’s activities and information can be provided to the committee about projects being undertaken by Council that may impact or involve NRRT Inc.

The NRRT Inc meets six-weekly, usually in Bangalow, and occasionally in other locations such as Lismore and Murwillumbah.

Following consideration of this report and Council’s decision, a letter will be sent to NRRT Inc to advise Council’s of the outcome.

Financial Implications

There are no financial implications associated with this report.

Statutory and Policy Compliance Implications

The Council representative will not have voting rights on the committee and will attend in an advisory capacity, expressing the views of the Byron Shire Council.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.3

Report No. 13.3 Byron Skate Park and Recreation Hub

Directorate: General Manager

Report Author: Claire McGarry, Place Manager - Byron Bay

File No: I2018/1407

Theme: Infrastructure Services

Open Space and Recreation

Summary:

In April 2018, Council resolved to identify the Sandhills area as its preferred location for a Byron Bay Skate Park and to undertake community consultation seeking feedback on this location.

This report details the consultation undertaken and feedback received as well as providing an update on funding applications and potential funding sources for this project.

RECOMMENDATION:

1. That Council note the report.

2. That staff continue to investigate funding opportunities for the development of the Byron Skate Park and Recreation Hub.

Attachments:

1 Skatepark Survey_Responses_Report.pdf, E2018/64357 ⇨

Report

Background

In April 2018, Council resolved (18-001) to:

1. Identify the Sandhills area as its preferred location for a Byron Bay Skate Park.

2. Seek public and user group feedback and ascertain support for this location.

3. Seek support from the Department of Industry-Crown Land for use of this site for a youth focused activity.

4. Provide a report on the feedback provided by stakeholders, the wider community and the Department of Industry-Crown Land.

Consultation

Staff developed and implemented a communication and engagement plan to promote Sandhills as Council’s preferred location for a new Byron Bay Skatepark.

The plan articulated key messages and challenges, and identified a wide range of stakeholders including the skating community, nearby residents and businesses, Arakwal, Police, the Byron Bay Youth Activities Centre, Sandhills Childcare Centre, the library and the Byron Bay Courthouse.

Communication and engagement activities included meetings with stakeholders, a survey on yoursaybyronshire, information on Council’s website, media release, Facebook promotion, E News and video content for social media.

Stories were printed in the Byron Shire Echo, Northern Star, and Echonet Daily. Schools in the Byron Bay area were also sent information advertising the survey with a request that this be included in their newsletters.

Because of the nature of the project there was a strong focus on digital engagement with the following results achieved:

· 19,312 people reached on Facebook

· 8,789 video views

· 793 reactions, comments and shares, the majority of which were positive

Of the social media feedback, approximately 40% of comments were supportive; 50% were neutral or on unrelated topics; and 10% raised negative issues / concerns. The survey on yoursaybyronshire resulted in 105 responses, with 89% of comments supportive of the location of the skatepark and the activation of the Sandhills area into a family-friendly recreation space.

Staff have written to Crown Lands formally requesting the vesting of the land across to Council and are awaiting a response. Follow up enquiries have been made to Crown Lands staff, and Council has made representation to the Minister’s office through the Parliamentary Secretary for the North Coast in support of our request.

Feedback

Positive feedback via Facebook and the yoursaybyronshire survey included:

· the need for this type of facility in Byron Bay

· the activation of what is seen by many as an unutilised space

· a positive outcome for the youth of the town

· whilst Sandhills is a good location, the best location would be beachfront like Venice Beach, Bondi, St Kilda etc.

Comments from those not supportive of the skatepark included:

· location – it should be on the beachfront

· location – it is too close to the Sandhills Child Care Centre

· Fixing the roads should be the Council’s priority, not building a skate park

· Retention of green space

· Noise concerns

· Limited parking

· Attracting antisocial behaviour

Based on the feedback received and research undertaken regarding best practice skatepark design, the critical success factor for this project will be the development of a broader recreation ‘precinct’ within the Sandhills Estate. The development of a precinct will improve passive surveillance around the skate park and enable noise mitigation measures to be integrated into the landscape design.

Creation of a recreation ‘hub’ also meets the objectives of the site in terms of the Byron Bay Town Centre Masterplan, creating an intergenerational community hub that creates a pedestrian link between the Byron Rec Grounds and Main Beach. This consultation can be used to advance developing a skate park in Byron Bay, which is a recommended action in the Byron Shire Rec Needs Study.

Project Status

Council has engaged Convic, specialist skate park designers, to develop concept plans for the skate park element of the precinct. It is anticipated that community design workshops will be hosted by these consultants during September.

Funding

Council submitted an application to NSW Regional Sports Infrastructure Fund which was not shortlisted for the second stage development of a business case.

Additional funding sources are being identified. These will include:

· Building Better Regions Fund round 3 expected before the end of 2018

· NSW Regional Sports Infrastructure Fund Round 2 in 2019-20

· NSW Regional Growth Fund 2019-20 rounds

With both a Commonwealth and State Election due in the next 12 months, the grant funding landscape is likely to change. Any funds that match to this project will be flagged for project team consideration.

Financial Implications

Council’s adopted 2018-19 budget allocated $460,000 to Byron Bay Town Centre Masterplan Projects, specifically the Byron skatepark and drainage works in Railway Park. From this allocation, Convic have been engaged to develop concept plans at a cost of $14,620.

Statutory and Policy Compliance Implications

Crown Lands Management Act

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.4

Report No. 13.4 International Parking Day - Byron Bay

Directorate: General Manager

Report Author: Claire McGarry, Place Manager - Byron Bay

File No: I2018/1431

Theme: General Manager

General Manager

Summary:

This report outlines the proposed participation in International Parking Day to demonstrate a people-prioritised town centre in Byron Bay.

RECOMMENDATION:

1. That Council note the report.

2. That Council endorse the Park(ing) Day concept and support staff working with the Byron Masterplan Guidance Group to implement the project.

Report

Background

The Byron Bay Town Centre Masterplan calls for a “pedestrian prioritised Byron Bay that supports and integrates alternate modes of transport”.

The Masterplan’s Access and Movement strategy identifies that “if people are to be prioritised within the town centre, large portions of existing parking need to be removed”.

Park(ing) Day is an international event that aims to revitalise spaces normally reserved for stationary cars. It started in 2005 in San Francisco as a guerrilla type event and it was quickly realised as a great way to create opportunity for social interaction that wasn’t there before. It has since taken off around the world and in Australia.

Project

In 2018, Park(ing) Day falls on Friday 21 September.

Staff are working with the Byron Masterplan Guidance Group to plan the details of the activities for the day and promote the concept within the local community.

Staff intend to activate space(s) within the Byron Bay town centre through the temporary closure of the existing parking spaces and the installation of street furniture and other materials.

In discussions with the Byron Masterplan Guidance Group regarding Park(ing) Day there was a strong appetite for a bigger, bolder statement to prioritise pedestrians within the town centre.

The timeframes, budget and resources available for Park(ing) Day are not sufficient to broaden the scope for 2018, but the below resolution addresses the aspirations of the Byron Masterplan Guidance Group who will be kept updated on progress as staff progress with actioning this resolution.

Related Resolution and comment from Infrastructure Services staff

In 2017, Council resolved:-

Res 17-694

1. That Council supports, in principle, a trial of ‘Car Free Sundays’ in Byron Bay;

2. That the car free day be of similar range and scope to the car free area designated for Soul Street that occurs on New Year’s Eve;

3. That the Car Free Sundays occur monthly on days that are not Byron Market days;

4. That Council and the community work together to plan and progress this trial; and

5. That a report on this matter be brought to Council for consideration of Car Free Sundays before the winter recess.

Council has the ability under the Roads Act to close the road to undertake works, both maintenance and capital, to protect the road asset and / or public safety associated with the asset condition. Council does not have the ability to close roads for events without undertaking an approval process. This occurs for NYE and Soul Street where separate approval for the event is obtained after the necessary planning, investigation and consultation has occurred.

Closure of Jonson Street (currently a Regional Road) and associated streets similar to the area designated for Soul Street that occurs on New Year’s Eve, needs to be treated as an event, with an intended purpose.

There would then need to be substantial consultation with:

· Emergency Service agencies, including:

o Police

o Fire & Rescue

o Ambulance

o RFS

· Public transport operators and relevant organisations

o Bus (local and interstate)

o Department of Transport

o Taxis

o Other public and private transport operators

o RMS/Local Traffic Committee

· Property owners

· Business operators

· Residents

· General community

Such a closure will have a significant impact on the road network for motorists, cyclists and pedestrians with the loss of one of the north- south roads in Byron Bay. This impact will be lessened when the Byron Bay Bypass has been completed.

There are also issues associated with insurance and risk management; public safety; and anti terrorism planning and measures.

None of these matters are insurmountable, there just needs to be funding and resourcing to facilitate achievement of the resolution.

It is intended that a detailed report will be presented to Council at either the September or October meetings.

Financial Implications

The cost of the project is estimated at $5,000 which can be funded from existing budgets subject to further confirmation of costs as planning for the event progresses.

Statutory and Policy Compliance Implications

Approval would be sought under Section 138 of the Roads Act.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.5

Report No. 13.5 Open Space and Recreation Needs Assessment and Action Plan - draft for community consultation

Directorate: General Manager

Report Author: Shannon McKelvey, Manager Organisation Development

Sharyn French, Manager Environmental and Economic Planning

Sarah Ford, Manager Community Development

Michael Matthews, Manager Open Space and Resource Recovery

File No: I2017/1670

Theme: Community Infrastructure

Open Space and Recreation

Summary:

Council has developed a draft Open Space and Recreation Needs Assessment and Action Plan. This is the first shire-wide forward plan for open space and recreation in this Shire.

The Plan has been prepared in collaboration with Ross Planning, specialists with extensive experience working in this field with councils around Australia. It was informed by significant community feedback, ground-truthing, the latest 2016 census data, local and industry participation information and an analysis of industry trends.

The Plan outlines how open space and recreation areas will be managed now and into the future, what level of facilities should be located at them and where funding can be prioritised over the short, medium and long term.

Council considered the draft Plan at a workshop in December 2017 and deferred it pending further investigation into the feasibility and cost/benefit of potential options for aquatic facilities (18-039). This separate work is well underway but in the meantime there a number of Council projects and grant opportunities that would benefit from having an adopted Open Space and Recreation Plan in place, so it is recommended that the rest of the Open Space and Plan proceed to public exhibition. The draft Plan has been updated to note the additional work that is underway under Res 18-039.

RECOMMENDATION:

That Council:

1. Endorse the revised draft Open Space and Recreation Needs Assessment and Action Plan for purposes of public exhibition for 28 days.

2. That in the event:

a) that any submissions are received, they be reported back to Council prior to adoption of the Plan; or

b) that no submissions are received, the Open Space and Recreation Needs Assessment and Action Plan be adopted.

Attachments:

1 Draft Open Space and Recreation Needs Assessment and Action Plan, E2018/66697 ⇨

Report

The draft Open Space and Recreation Needs Assessment and Action Plan

Attached to this report is the updated draft Open Space and Recreation Needs Assessment and Action Plan (the Plan). Council is asked to endorse the draft for the purposes of more consultation, so that community and stakeholders have a further opportunity to make suggestions and submissions.

Broadly speaking, the Plan:

· Applies shire-wide and to all types of open space that is owned or managed by Council.

· Applies to both active and passive recreation.

· Uses evidence to identify current and future open space and recreation needs and trends.

· Identifies that, generally, the amount of open space and recreation space in the Shire will be adequate to meet demand, now and into the future, although spaces require improvements.

· Provides a framework and classification system that will guide the level of embellishments in each space in future.

· Identifies a number of short, medium and long term actions that will inform future Delivery Programs, Operations Plans, works programs and annual budgets.

The Plan also:

· promotes the importance to community health and wellbeing of passive recreation in addition to active sport;

· points to the changing nature of how we recreate and will do so in future;

· acknowledges the abundance and role of the NPWS estate and water recreation opportunities in the Shire.

On page 3-4 there is an explanation of where the Plan fits into Council’s overall strategic planning.

Where we have come from

This project started in April 2017 and the draft was completed, but it was put ‘on hold’ in December 2017 pending Council further investigating feasibility and cost/benefit of potential options for aquatic facilities 18-039. The work on this Plan up to December 2017 included:

The community and stakeholder consultation was extensive and the level of involvement from community has been great. Ross Planning indicated that the number of community members providing input into Byron’s draft Plan was at the same level as they have experienced in other shires that have much larger populations.

A snapshot of key consultation outcomes is below and additional information is at pages 12-13 of the draft Plan:

Why the Open Space and Recreation Plan is important

Some of our communities have inherited open space legacy issues from historic decisions of developers or past governments or councils. In some cases, these have led to reactive decisions about open space, for example under or over investment in some sites or a focus on some areas in the Shire over others.

Recently, communities and Council have collaborated to start writing a new open space and recreation story for this Shire. Examples include the purchase and development of the Shara Boulevard Sportsfields, reviews of a number of Plans of Management, the acquisition from State Government of the Suffolk Park Sportsfields and improvements at Waterlily Park.

This draft Plan is a key part of this new story. It will support proactive and equitable management of open space and recreation opportunities across the Shire and contribute to positive health and wellbeing outcomes for current and future generations.

For residents and users of open space in the Shire, the Plan:

· Will help deliver improved recreation and sporting opportunities through targeted investment and coordination of Council and community effort.

For ratepayers and external agencies, the Plan:

· Identifies the most efficient way for funds to be invested across the open space network and it provides support for grant applications to help make funding go further.

For Council and staff, the Plan:

· Provides the ‘blueprint’ for forward budget and works program development to proactively manage open space and recreation and it provides a basis for collaborations with community around future use of particular sites.

It is acknowledged up front, that the Plan and Council’s management of open space and recreation cannot meet everyone’s expectations. In a Shire the size of Byron, it is just not possible for Council to provide space and facilities to meet every need.

What the Plan does do is provide strategic direction with the aims of:

· Transparently and fairly meeting as much of the demand as possible, within the physical, legislative and funding constraints Council operates under.

· Being upfront when Council cannot meet a need, providing reasons.

· Promoting opportunities for private or non-government providers to fill identified gaps.

Where to from here

It is recommended that the Plan be placed on exhibition. This will provide everyone a further chance to consider the Plan and recommendations in the context of the entire open space network and provide feedback. This is important because funding and resources for open space and recreation are not limitless. Any change to one part of the network will always result in a need to make a ‘trade off’ in another part of the network.

The final stage of consultation would run for 28 days. During this time, Council would promote the consultation through:

· traditional, digital and web media;

· its halls and facilities; and

· through letters to all the stakeholder and user groups who have been involved date.

After this final round of consultation:

· if there are no submissions, the Plan would get adopted and could start to be implemented;

· if there are submissions, the feedback will be considered, any resulting adjustments that can be made to the Plan and a consultation report would be prepared. Then a third Councillor workshop be held, if needed, and the final Plan be reported to Council for adoption.

Interaction of the draft Plan with other projects and initiatives

Below are just some examples of how this draft Plan is a core underpins or interacts with a number of other projects and initiatives:

1. Wellbeing Framework

Managing and improving open space and recreation opportunities by acting on this Plan’s recommendations, will directly contribute to improving outcomes under a number of the Wellbeing Indicators that Council has recently adopted, including:

- community facilities - community connectedness

- health - life satisfaction

- recreation - open space

2. Community Solutions Panel

This Plan is consistent with the Panel’s key considerations of:

o being proactive, not reactive;

o recognising there are different needs in different places;

o supporting investing in renewal when it is practical and necessary;

o encouraging and supporting shared ownership of community issues;

o requiring organisational accountability and transparency.

The Plan also directly contributes to the first 3 of Panel’s Priority Values of:

o safety– ensuring spaces and facilities are built and maintained to not harm anyone;

o community wellbeing – open spaces and facilities are key contributors to positive community and individual physical, mental, emotional, spiritual and social health.

o connectivity – the Plan contains recommendations along the lines of the Panel’s third priority of promoting intra-Shire access for pedestrians and cyclists.

o The Community Solutions Panel’s recommendations for funding priorities will influence the timing of when actions in this Plan can be delivered.

3. Feasibility of aquatic options

This Plan provides information on evidence-based demand for aquatic facilities and trends in aquatic recreation. The work currently underway in accordance with Resolution 18 -039, to review the feasibility of different options for aquatics in the Shire, needs to be completed for further community and Council consideration.

4. Byron Bay Skatepark Consultation

This Plan provides evidence of demand and supports development of a new skatepark in Byron Bay. The recent consultation is consistent with the draft Plan action to investigate a location for the new Byron Bay skatepark. With this matter being reported to 23 August 2018, one of the actions in the Plan is already well advanced.

5. Planning Proposal – Rezone & Reclassify (Part) Lot 22 DP 1073165, Stuart Street, Mullumbimby

The objective of the Planning Proposal for Lot 22 is to rezone part of the subject land on the western edge of Mullumbimby to provide for additional residential development and reclassify it from Community land to Operational land. Of the rest of the land, a strip of it adjacent to Saltwater Creek will remain a Deferred Matter zone and the balance be retained in the current RE1 Public Recreation zone with the current Community land classification.

Whether all of this land was needed for future use as a recreation area was as part of the Byron Shire Recreation Needs Assessment. The findings of that assessment were considered in preparation of the planning proposal and will be publicly exhibited with the planning proposal.

6. Masterplanning projects

This Plan, in particular the Spaces Hierarchy, will be a lens used to help prioritise and guide initiatives from completed, and nearly completed, town and village masterplans. For future masterplanning projects, the Plan will provide a basis for discussions with communities and decisions on Masterplan initiatives.

7. Department of Education – Share our Space program

Appendix B to the Plan is the start of a list of public school recreation assets in the Shire. It is a starting place and can be added to with improved understanding. Councillors requested this information be included with a view to starting conversations with local schools about the potential to open up spaces outside of school hours for community use. Since that time, the State Government has held to trials during school holidays and they are currently seeking feedback from the community on the initiative – see https://www.schoolinfrastructure.nsw.gov.au/news/2018/04/share-our-space-these-school-holidays.html.

Financial Implications

The deferral has delayed the project but provided the remainder of the 2016/2017 funding for this project is carried forward into the 2017/2018 budget, it is still on track to be delivered within the original budget. The carry forward of the budget will be recommended in the Carryovers for Inclusion in the 2018/19 Budget Report to this meeting.

Statutory and Policy Compliance Implications

The Open Space and Recreation Needs Assessment and Action Plan supports delivery of a number of the Community Strategic Plan 2028 Strategies.

Development of the Plan was an action in the 2016/2017 Operational Plan (deferred as requested by Council) . Its finalisation and adoption is key to delivering a number of 2017/2018 Operational Plan activities, with 2 examples being:

Objective 1	We have infrastructure, transport and services which meet our expectations
Strategy 1.2	Provide essential services and reliable infrastructure which meet an acceptable community standard
Action 1.2 c)	Develop infrastructure new works program in line with Community Solutions Panel values
Activity:	Prepare a new works 10 year program that is aligned to an adopted Recreational Needs Assessment and Solutions Panel values

Objective 2	We cultivate and celebrate our diverse cultures, lifestyle and sense of community
Strategy 2.3	Provide accessible, local community spaces and facilities
Action 2.3 f)	Ensure Shire wide assessment of the current and future needs of the community for active and passive recreation is integrated into Open Space works programs
Activity:	Update Open Space work programs in alignment with an adopted Recreational Needs assessment

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.6

Report No. 13.6 Revised Community Engagement Policy

Directorate: General Manager

Report Author: Annie Lewis, Media and Communications Coordinator

File No: I2018/1530

Theme: General Manager

General Manager

Summary:

The purpose of this report is to present the revised Community Engagement Policy (E2018\10445) to Council with a recommendation it be put on public exhibition.

RECOMMENDATION:

1. That Council note the report.

2. That the Revised Community Engagement Policy be put on public exhibition.

Attachments:

1 Revised Draft Community Engagement Poilcy, E2018/67564 ⇨

Report

Background

In 2016/17 the Mayor, the former Media and Communications Officer (Donna Johnston) and the Community Roundtable began working on an updated Community Engagement Policy to replace the existing policy from 2015.

The resignation of Ms Johnston, and my subsequent appointment, and the necessity to have input from the Executive Team delayed the policy, which has since been rewritten to take into account feedback received as part of the development of the Community Strategic Plan,

The Revised Community Engagement Policy also acknowledges the outcomes of the Community Solutions Panel project.

The Policy will need to be updated when the ‘Byron’ model of deliberative democracy is finalised and when the changes to the NSW Environmental Planning and Assessment Act are ready to be implemented. This is acknowledged in the document.

The Executive Team, Communications Panel and the Community Roundtable have provided feedback to the Revised Community Engagement Policy.

What are the aims of the Community Engagement Policy?

The Community Engagement Policy is Council’s commitment to working with the community and providing people with information that is timely, relevant, easy to understand and encourages people to make a contribution and work with Council is a variety of different ways.

This policy aims to:

· Improve understanding of local government responsibilities, structure, functions and decision-making processes.

· Improve the quality of decision-making processes.

· Enable the community and stakeholders to express their views and participate in Council’s decision-making.

· Enhance the relationship between Council and the community and support effective partnerships.

· Keep elected representatives informed about local concerns and the possible impact of their decisions on the community.

· Support Council and community in working together in a mutually supporting relationship and securing outcomes that ensure the sustainable future of the Byron Shire.

· Achieve outcomes through consensus rather than adversarial processes.

· Ensure that community consultation is guided by principles of honesty, accessibility, equity and transparency.

Financial Implications

Nil.

Statutory and Policy Compliance Implications

Nil.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.7

Staff Reports - Corporate and Community Services

Report No. 13.7 Land and Environment Court Proceedings Gordon Highalands Pty Ltd

Directorate: Corporate and Community Services

Report Author: Ralph James, Legal Counsel

Chris Larkin, Manager Sustainable Development

File No: I2018/1132

Theme: Corporate Management

Corporate Services

Summary:

On 26 October 2017 Council received a report in respect of a development application which sought development consent for erection of a three (3) storey mixed-use residential and commercial development including six (6) Shop Top Housing dwellings, three (3) commercial premises and car parking for fifteen (15) vehicles (inclusive of one (1) disabled parking bay) over 9 Station Street, Bangalow

Council resolved (17-515) to defer consideration of development application 10.2017.198.1:

1. To obtain further information;

2. To request the proponent to lodge amended plans to reduce the bulk and scale that does not require an excessive cut contrary to the DCP 2014; and

3. An independent review of heritage assessment regarding the site context and sunken façade of the commercial components and their interface with the street.

On 28 November 2017 Council was served with a Class 1 application in the Land and Environment Court jurisdiction appealing against Councils deemed refusal of the development application.

On 1 February 2018 Council resolved as follows:

1. That no further action be taken in respect of Resolution 17-515.

2. That after the s34 Conciliation Conference but before a s34 Conciliation Agreement is entered the matter be reported to Council for consideration of any proposed s34 Conciliation Agreement and for Council to provide authorisation to the General Manager to enter a s34 Conciliation Agreement if supported by a resolution of Council.

Council instructed it external solicitors Marsdens to appear in the proceedings. Council’s external solicitors engaged heritage expert David Logan of GML Heritage and planning expert Gerard Turrisi of GAT & Associates.

On about 5 June 2018 the Applicant provided amended plans and further documents for the purposes of the conciliation conference. Council’s solicitors forward the amended plans to Council’s heritage and planning experts for review.

Council’s heritage expert confirmed that the amended plans were a significant improvement, from a heritage viewpoint, on those of the application. This was largely due to the reduction in height and deletion of the second floor together with the distribution and articulation of the building over the site. Nevertheless, certain design issues that have heritage impacts still remained and would need to be addressed before he would recommend approval on heritage grounds. His opinion was that these are all readily achievable.

Council’s planning expert commented that the plans provide a great improvement but that there were still some issues that require resolution.

The conciliation conference took place on 18 June 2018.

On 3 July 2018 the Applicant filed a Notice of Motion seeking leave to rely on amended plans.

The amended Plans have reduced the number of residential units from 6 to 5 and removed the third storey from development providing for a development which is reflective of the heritage characteristics of the Bangalow area and having regards to the sites commercial zoning as B2 Local Centre. With the removal of the third storey, the proposal has also reduced the level of earthworks as previously proposed as it is no longer seeking approval to fit in a third storey within the 9 metre height limit.

It is considered the proposal as amended is satisfactory and that the General Manager be granted delegations to enable Consent Orders or a S34 Agreement to be entered into.

RECOMMENDATION:

That the General Manager be authorised to enter into consent orders or a s34 Conciliation Agreement approving Development Application 10.2017.198.1, subject to appropriate conditions to be finalised under delegation.

Attachments:

1 Confidential - REPORT ON THE CONCILIATION PHASE OF THE MATTER, E2018/55451

2 Plans , E2018/67707 ⇨

3 Plans, E2018/67708 ⇨

4 Basix, E2018/67703 ⇨

5 Conditions of Consent, E2018/67693 ⇨

6 submissions received, E2018/67702 ⇨

Report

Staff reported that the proposal was considered to satisfy the relevant provisions of Byron LEP 2014.

The site falls within the boundaries of the Bangalow Conservation Area. The applicant had submitted a ‘Statement of Heritage Impact’ demonstrating the proposal would be contributory to the surrounding conservation area.

The proposed building was considered by staff to be compatible with the Bangalow Conservation Area and consistent with Council’s DCP 2014 Part C Non-Indigenous Heritage. In addition, the proposed development was considered consistent with all relevant state planning instruments and with the provisions of the Byron Local Environmental Plan 2014 & Development Control Plan 2014.

Council resolved (17-515) to defer consideration of development application 10.2017.198.1:

1. To obtain further information;

2. To request the proponent to lodge amended plans to reduce the bulk and scale that does not require an excessive cut contrary to the DCP 2014; and

3. An independent review of heritage assessment regarding the site context and sunken façade of the commercial components and their interface with the street.

On 28 November 2017 Council was served with a Class 1 application in the Land and Environment Court jurisdiction appealing against Councils deemed refusal of the development application.

The application sought that the development be approved.

Council instructed it external solicitors, Marsdens, to appear in the proceedings. Council also instructed that an external Heritage expert be retained to assist in the proceedings. Those instructions were also given in contemplation of the terms of resolution 17-515/3.

Council’s solicitors were briefed with the full DA file and the staff report to Council’s Ordinary Meeting on 26 October 2017 and all of its attachments - including the submissions of the objectors.

Council’s solicitors were also briefed with the terms of resolution 17-515 and a transcript of the debate in Council on 26 October 2017.

Council’s external solicitors engaged heritage expert David Logan of GML Heritage and planning expert Gerard Turrisi of GAT & Associates.

The matter was reported to Council’s Ordinary Meeting of 1 February 2018. Council resolved as follows:

1. That no further action be taken in respect of Resolution 17-515.

On 2 February 2018 the Land and Environment Court made Orders listing the proceedings for a section 34 conciliation conference on 18 June 2018.

On about 5 June 2018 the Applicant provided amended plans and further documents for the purposes of the conciliation conference.

A conciliation conference was held in the proceedings on 18 June 2018 presided over by Acting Commissioner Morris. Adam Seton solicitor (Marsdens) appeared on behalf of Council at the conciliation conference with Gerard Turrisi (Town Planner), David Logan (Heritage Consultant) and Council officers Ralph James and Chris Larkin. The Applicant was represented by Gary Green and Ryan Bennett (Solicitors), Alison McCabe (Town Planner), Brian McDonald (Heritage Consultant) and Ben Raymond (Architect).

The conciliation conference commenced at the site with oral evidence being given by three objectors.

After hearing from the objectors the conciliation continued at the Cavanbah Centre.

Councillors should refer at this point to Confidential attachment 1 which reports on the conciliation conference phase of the proceedings.

The conciliation conference was terminated. The proceedings were listed for a directions hearing on 26 June 2018. On that day the proceedings were adjourned to 6 July 2018. On that day the matter was fixed for hearing on 21 and 22 February 2019.

On 3 July 2018 the Applicant filed a Notice of Motion which sought leave to rely on amended plans.

The applicant has since provided amended plans which generally accord to the intended outcomes sought for the Bangalow B2 Local Centre Zone. The amended proposal is considered to comply with the Byron LEP 2014 and Byron DCP 2014 and addresses Councils resolution (17-515). The amended design has incorporated the following:

· reduced the number of storeys from three (3) down to two (2) storeys

· reduced the number of units from six (6) units down to five (5) units

· the design has been ‘broken up’ into clearly defined roof elements to individual units

· the design has reduced the proposed cut and fill resulting in a better integration of commercial tenancies with the street

A summary of the amendments is provided below:

	Previous Design	Amended Design	Change
No. of Residential Units	6	5	1 unit removed
Commercial GFA	Shop 1 (floor area 78.5m²) Shop 2 (floor area 112m²) Shop 3 (floor area 80.5m²) Total = 271m²	Shop 1 (floor area 82m²) Shop 2 (floor area 67m²) Shop 3 (floor area 77m²) Total = 226m²	Reduction of 45m² GFA
Height	9.0m	8.5m (approx.)	Reduced by 0.5m
Storeys	Three (3)	Two (2)	Reduced by 1 storey
Car parking	6 spaces for residential units 14 (13.55) spaces for commercial area Required = 20 spaces Provided = 15	6 spaces for residential units 12 (11.3) spaces for commercial area Required = 17.3 spaces Provided = 12	Reduction of 3 parking spaces
Initial proposal

Amended proposal

The changes made to the front elevation demonstrate the overall reduction in bulk and scale of the development when viewed from Station Street. The bulk and scale has been further reduced through the use of individual roof forms for each of the proposed residential units which provide a consistency of built form within the streetscape and the surrounding area, whilst the removal of the third storey ensures the development does not diminish the prominence of the A&I Hall. The amended plans also provide for a reduction in earthworks on the site although some cut and fill is proposed to provide for a workable building platforms for the ground floor commercial premises. Significantly though, the applicant is no longer seeking to lower the development into the site to fit in the upper third storey within the 9 m height limit. .

The proposal provides for an improved interface with Station Street and is satisfactory having regards to Councils Resolution 17-515

Public Notification of Amended Plans

The application was re-exhibited between the period of 19 July 2018 to 1 August 2018. Five (5) submissions have been received. All submissions form Confidential attachment 6 hereto.

The following issues have been raised.

Submission

Response

Loss of Greenspace

Our major concern is the loss of green space resulting from this development. The likely erosion of open space from ongoing developments in Station St will inevitably lead to the removal of a unique heritage attribute in Bangalow Village. We therefore want to work with council to replace such loss with usable public space, facilitated by the use of a Voluntary Planning Agreement.

The site is located with a B2 Local Centre which allows for development with 0m setbacks.

Landscaping is shown to all site boundaries as part of the development concept, which will retain a green edge to the site in keeping with the ‘garden’ character of this streetscape precinct.

Under Chapter E2 Bangalow - E2.3.2 Development within B2 Local Centre Zone There is no requirement to maintain landscaping around commercial buildings other than to implement a avenue of shady street trees along Station Street.

Colours

The use of heritage colours for external surface areas, as prescribed for the Bangalow Heritage Area, would be preferred so that a dramatic contrast to A&I Hall is avoided.

A condition recommending use of colours contained within the Byron DCP 2014 is recommended in this instance as the proposed colours provided by the applicant indicate a predominantly white colour pallet.

Plan dimensions

Elevation diagrams need to show building height and window dimensions to enable confirmation that height does not exceed 9m and that overlooking is acceptable and does not compromise privacy.

The plans provided are to scale to enable accurate measurement and dimensioning.

The development is well within the 9m height limit.

Landscaping

Trees chosen for sections along the common boundary with 11 Station St could seriously overshadow this adjoining property over time.

The trees shown in the Landscaping Plan along the southern boundary should be replaced with lower shrubs to minimise the loss of light to the southern neighbour.

Station Lane - Safety

Additional commercial traffic in Station Lane will create a safety risk for young school children who regularly use this lane to access the primary school.

The narrow Station Lane cannot safely serve this proposed development – with a maximum of 31 links road reserve width for vehicular access for shops and service vehicles. The laneway cannot safely serve this development. This is not a two-way traffic option.

The use of Station Lane and the interaction of school children using the lane leaving and entering Bangalow Public School. The concern was that children may be in danger due to vehicles using the rear lane.

Children do cross the Laneway and walk down the Laneway towards Byron Street. The laneways are important in commercial areas to allow for unloading and back of house functions (such as access to parking and for servicing) rather than providing for this on main street frontages. The lane is used by school children however, the predominant use for the lane should allow for service functions of those developments fronting onto Station Street including access for vehicles.

The lane is not a high speed environment and vehicles will be able to enter and leave in a forward direction.

It is noted that Councils Development Engineer recommended that Station Lane be upgraded to a full width sealed pavement construction with kerb & gutter and controlled drainage along the site’s frontage to the Lane, south of the site through to the existing fully constructed pavement.

Parking and overdevelopment

This amended DA seems to STILL be for Six Units, with the largest unit clearly designed to function as a distinct pair.

Parking requirements have not been addressed, for takeaway food shops and for residents.

Insufficient garbage bin spaces are provided.

The amended plans provide a total of five (5) units down from the previous development proposal of six (6) units.

Parking onsite has been fully provided for each of the residential units with the shortfall of commercial parking to be provided under a voluntary planning agreement (shortfall of 5 parking spaces).

Business Premises and Food and Drink Premises have the same car parking generation within Business and Industrial Zones.

The applicant has stated they are willing to enter into a voluntary planning agreement with council in regards to car parking short fall of eight spaces. Appropriate conditions to apply.

Privacy

The development balconies and windows on the southern elevation overlook 11 Station Street and require screening.

The proposed development includes upper level windows which have the potential to overlook the neighbouring dwelling to the south. The plans indicate the use of double hung windows on this elevation as opposed to large sliding glass windows. They are also proposed to be glazed with an opague glass to limit the ability to overlook the adjoining property. It is considered the need for additional screening in this regards is not required

In terms of the balconies on this elevation, the rear one is to be screened as it overlooks the rear yard of 11 Station Street.. In terms of the front balcony it is considered that a privacy screen is not required as it overlooks the street and the front yard of number 11 which already interfaces with the public domain.

Financial Implications

The estimated professional legal costs of defending the appeal is $25,000-$30,000 excluding GST, assuming that the matter is not settled at a conciliation conference and the ultimate hearing in the matter only takes 2 days. If the hearing takes longer the legal costs will be higher.

Because Council staff recommended that development consent be approved, it was necessary for Council to retain the services of independent external heritage and planning experts. Estimates as to experts costs are approximately $15,000 -$20,000.

Costs paid to date are $31,469.56 plus GST

Statutory and Policy Compliance Implications

Conciliation is a process in which the parties to a dispute, with the assistance of an impartial conciliator, identify the issues in dispute, develop options, consider alternatives and endeavour to reach agreement.

The conciliation conference is conducted by a commissioner of the Court. Often, the commissioner will have technical knowledge and expertise on the issues relevant to the dispute.

At the conciliation conference, the conciliator facilitates negotiation between the parties with a view to their reaching agreement as to the resolution of the dispute.

If the parties are able to reach agreement on the terms of the decision in the proceedings that would be acceptable to the parties, and that decision is one the Court could have made in the proper exercise of its functions, the conciliation commissioner must dispose of the proceedings in accordance with the decision and set out in writing the terms of the decision.

If the parties are not able to agree either about the substantive outcome the conciliation commissioner must terminate the conciliation conference and refer the proceedings back to the Court for the purpose of being fixed for hearing before a different commissioner.

A Conciliation Agreement is between Council and the applicant ie Council stays the determining authority.

Use of a Conciliation Agreement would bring the appeal to an end immediately and without

the need for Council to incur any expert witness costs or any legal costs beyond the relatively

minor costs associated with attending a conciliation conference.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.8

Report No. 13.8 Operational Plan 2017-2018 and Delivery Program 2017-2021 - 6-month progress report to 30 June 2018

Directorate: Corporate and Community Services

Report Author: Heather Sills, Corporate Governance Officer

File No: I2018/1349

Theme: Corporate Management

Governance Services

Summary:

Council’s Operational Plan outlines its projects and activities to achieve the commitments in its four-year Delivery Program.

This report summarises the Council’s progress towards achieving the annual activities contained in the 2017-2018 Operational Plan. This report is the six-month progress report as at 30 June 2018. The report is the final report on the activities of the 2016/2017 Operational Plan.

RECOMMENDATION:

That Council note the six-month progress report to 30 June 2018 (Attachment 1 E2018/60566) on the Operational Plan 2017-2018.

Attachments:

1 Delivery Program 2017-2021 - 6 Monthly Progress Report - 1 January to 30 June 2018, E2018/60566 ⇨

Report

The purpose of this report is to provide Council with the six month progress report on the annual Activities contained in the Operational Plan 2017-2018, as at 30 June 2018. The Operational Plan 2017-2018 is the annual activities component of the 2017-2021 Delivery Program adopted by Council on 22 June 2017.

The Operational Plan progress report contains üAchieved lSubstantially achieved ûNot achieved icons for “at a glance” progress status. It also includes “exception” reporting explanatory notes where progress indicators have a red status. A comprehensive progress report is provided at Attachment 1, and a summary is set out here:

52%

completed

41%

substantially
completed

not achieved

It is important to note, that while some activities may not have been fully achieved over the period of the Operational Plan, many of the activities reported as ‘substantially completed’ have been rolled over into the 2018/2019 financial year. External factors have also impeded Council’s ability to deliver some projects to 100% completion, based on external funding sources, legislative requirements, and other factors out of Council’s control.

Achievements

Notable achievements (grouped by Community Strategic Plan theme) for the six month period include:

· Corporate management

o Revised Community Strategic Plan adopted

o New Byron Shire Council website launched

o 20 year leases to Byron Bay Surf Life Saving Club and Brunswick Surf Life Saving Club

o Community Solutions Panel delivers recommendations on infrastructure spending

o Community-led governance principles adopted

o Partnership Proposal Guidelines developed

o Big Revenue Ideas workshops held

· Economy

o Business Retention and Satisfaction Survey completed

o Launch of Easy to Do Business program in partnership with Service NSW

o Strategic Business Panel commenced and held 2 meetings during the reporting period, topics were; Incubators, Coworking Spaces, and Innovation; and Agriculture in the Byron Shire

o Launch of the Agricultural Incubator Program

o Billinudgel is Back in Business

o Launch of Byron Unfolded – Trail Map

o Byron Visitors Centre reopened after renovations

o Completed the Byron Business Events Sponsorship – taken to Destination North Coast to be run regionally

· Society and Culture

o Community Wellbeing indicators adopted

o Byron Visitors Centre reopened after renovations

o Support for Byron Writers Festival and Renew Fest

o 4 recipients for the Events and Festival Sponsorship Fund

Ø Byron Bay Japan Festival

Ø Brunswick Nature Sculpture Walk

Ø Byron Bay Guitar Festival

Ø Sample Food Festival

· Environment

o Coastal Zone Management Plan for the eastern precincts of the Byron Bay Embayment submitted to Minister for certification

o E-zone review completed

o Pest management program in Shire hotspots

o Byron Flying Fox Management Plan completed

o Rural Land Use Strategy endorsed by Department of Planning

o Byron Town Centre Planning review commenced

· Community Infrastructure

o 79% of $16.1M Capital Works Program completed including

Ø Commence the bridges program in the Nashua – Booyong area

Ø South Golden Beach Playground

Ø Capping the dipsite at Bangalow Parklands

Ø Stage one of Railway Square Park, Byron Bay

Ø Causeways at Durrumbal and Fowlers Lane

Ø New reservoirs at Bangalow and Coopers Shoot

Ø Upgrade of fire Mains across the Shire

o Upcycling of Public Bins in Mullumbimby

o Department of Planning approval for rezoning and reclassification process for Lot 22 Station Street subdivision and affordable housing partnership completed

o Suffolk Park Caravan Park land reclassification completed

o Grant funding applications for Fixing Country Roads successful

o ‘Bringing Back the Bruns’ (Brunswick River) causeway improvement program launched

o Durrumbul Road causeway upgrade complete

o Stage one Waterlily Park upgrades complete

Future reporting

The revised Delivery Program and new 2018/19 Operational Plan endorsed by Council in May 2018 provides for more detailed planning, better scope and resourcing for projects and activities that can be delivered within the 12 month period.

This will be supported through further improvements in the reporting process which will be rolled out in the first period of the new financial year.

Financial Implications

The Council’s financial performance for the reporting period is addressed in the Quarterly Budget Review, which is subject to a separate report.

Statutory and Policy Compliance Implications

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. Progress reports must be provided at least every six months.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.9

Report No. 13.9 Council Resolutions Quarterly Review - 1 April 2018 to 30 June 2018

Directorate: Corporate and Community Services

Report Author: Heather Sills, Corporate Governance Officer

File No: I2018/1381

Theme: Corporate Management

Governance Services

Summary:

This report provides an update on the status of Council resolutions.

Council should note that 194 resolutions were completed during the period 1 April to 30 June 2018. This is an increase of 96 resolutions compared with the same time period in 2017.

There were 92 active resolutions as at 30 June 2018. This is a decrease of 29 resolutions compared with the previous reporting period as at 31 March 2018, on which date there were 121 active resolutions.

Resolutions could be active or overdue as a result of budget constraints, staff resourcing, extended negotiations with stakeholders, or other reasons.

RECOMMENDATION:

That Council:

1. Note the information provided in this report on active Council Resolutions in Attachment 1 (#E2018/62328).

2. Note the completed Resolutions in Attachment 2 (#E2018/66349).

Attachments:

1 Active Resolutions as at 30 June 2018, E2018/62328 ⇨

2 Completed Resolutions Report - 1 April to 30 June 2018, E2018/66349 ⇨

Report

This report provides a quarterly update on the status of Council Resolutions to 30 June 2018.

As at 30 June 2018:

· 194 resolutions were completed since 1 April 2018

· 92 resolutions remained active

The active Council resolutions per Council terms are provided below:

· 87 active Council Resolutions from current Council (2016-2020)

· 5 active Council Resolutions from previous Council (2012-2016)

Details of completed resolutions for the period are provided at Attachment 2 (E2018/66349).

Financial Implications

A number of resolutions note that resource constraints limit completion of action required.

Statutory and Policy Compliance Implications

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

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

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

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.10

Report No. 13.10 Carryovers for inclusion in the 2018/19 Budget

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2018/1401

Theme: Corporate Management

Financial Services

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 in the 2017/2018 financial year for inclusion in the 2018/2019 Budget Estimates.

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

This report identifies all the works and services recommended to be carried over from the 2017/2018 financial year to the 2018/2019 Budget Estimates. The report also identifies the funding for each recommended budget allocation carryover.

This report is scheduled to be considered by the Finance Advisory Committee at its Meeting held on 16 August 2018.

RECOMMENDATION:

That the works and services, and the respective funding shown in Attachment 1 (#E2018/66991) be carried over from the 2017/2018 financial year and that the carryover budget allocations be adopted as budget allocation revotes for inclusion in the 2018/2019 Budget Estimates.

Attachments:

1 Carryovers for inclusion in 2018-2019 Budget - General, Water and Sewerage Funds, E2018/66991 ⇨

Report

Each year Council allocates funding for works and services across all 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 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 to be carried over to the 2018/2019 Budget Estimates and the respective funding of each, relating to works and services not completed during the course of the 2017/2018 financial year. The specific details of all carryover works and services subject of this report are outlined for General, Water and Sewer Funds in Attachment 1.

Financial Implications

The works and services included in Attachment 1 are fully funded and have no impact on the Unrestricted Cash Result of Council or the 2018/2019 Budget Estimates result. As in previous years there is a significant amount of carryovers to be brought forward to the current financial year. Table 1 below provides a history of the value of carryovers in recent years with the proposed total carryovers for 2018/2019 $398,500 more then the carryovers related to the 2017/2018 financial year. Council may recall that there was also an earlier assessment of carryovers that was conducted before finalisation of the 2018/2019 Budget Estimates with these being included at that point and catered for through the 31 March 2018 Quarter Budget Review.

Table 1 - Value of budget carryovers 2014/15 – 2018/19

Fund	2014/15 ($)	2015/16 ($)	2016/17 ($)	2017/18 ($)	2018/19 ($)
General	12,863,500	10,550,300	5,022,100	7,102,100	9,004,500
Water	586,200	1,671,900	729,900	2,770,100	879,500
Sewer	877,100	1,929,000	600,100	2,051,800	2,473,500
Total	14,326,800	14,151,200	6,352,100	11,924,000	12,357,500

General Fund

The value of works carried over to 2018/2019 for the General Fund are more ($1,902,400) than that carried over for the 2017/2018 year. Of the $9,004,500 of General Fund carryovers, approximately 40% ($3,645,400) is attributable to Local Roads and Drainage projects not completed in 2017/2018 to be carried forward to 2018/2019.

Major carryover items in this program are as follows:

· Main Arm Road – Blindmouth Causeway	$884,000
· Bayshore Drive/Ewingsdale Rd Roundabout	$660,300
· Rifle Range Road Intersection Upgrade	$341,600
· Traffic Study Strategic Network Analysis	$174,900
· Smart Cities and Suburbs 3D modelling solutions	$152,400
· Brunswick Heads Library Upgrade	$150,000
· Tyagarah Airfield Development and Subdivision	$185,500
· CPTIGS - Bus Shelters	$150,000
· Natural Disaster (June 2016) funding	$347,000
· RMS Natural Disaster	$525,600
· Civic Improvements Byron Bay Town Centre	$377,100
· Byron Bay Town Centre Masterplan	$154,100
· Multiuse of Rail Corridor	$180,000
· Bangalow Weir stage 2	$196,000
· Resource Recovery Centre Upgrade	$350,000
· Community Buildings Maintenance (SRV)	$507,100
· Suffolk Park Community Hall s94 upgrade	$176,700

Water and Sewer Funds

Carryovers for the Water Fund have decreased by $1,890,600 and the Sewer Fund has increased by $421,700 compared to the carryover applicable for the 2017/2018 financial year.

The following table outlines the project status of Local Roads & Drainage capital works carryovers for Councillors information where works are in progress or contracts awarded at the time this report has been prepared:

Table 2 – Schedule of Carryover works current status

Project	Carryover $	Project Status
Byron Bay Stormwater Drainage Maintenance	8,100	Works in progress that will be completed in 18/19.
Brunswick Heads Parking	104,700	Design works in progress that will be completed in 18/19.
Bridge - Parkers	58,300	Works in progress that will be completed in 18/19.
Bridge - Booyong	105,300	Works in progress that will be completed in 18/19.
Bridge - Eureka	43,400	Works to be undertaken in 18/19.
PTIGS - Bus Shelters	150,000	Public Art process to be undertaken in 18/19 for bus shelter renewal as per Council resolution.
Main Arm Road - Blind Mouth Causeway Upgrade	884,000	Contract awarded and works in progress. Will be completed in 18/19.
Blindmouth & Main Arm Rds Intersection	142,600	Works to be done in conjunction with Main Arm causeway contract works
Remove last fish passage barrier on Byron	8,500	Works in progress that will be completed in 18/19.
Bayshore Drive/Ewingsdale Rd Roundabout	660,300	Contract awarded and works in progress. Will be completed in 18/19.
Bayshore Drive Roundabout – Artwork	60,000	Public Art works to be done in conjunction with contract roundabout works.
Access ramps and footpaths Works	12,000	Works to be done in conjunction with Railway Park upgrade works in 18/19.
Replacement of damaged Footpaths Shire	10,800	Works in progress that will be completed in 18/19.
Massinger St - Lawson to Carlyle	4,100	Design works in progress that will be completed in 18/19.
Shire Wide - PAMP (Pedestrian Access Man	53,600	Planning works in progress that will be completed in 18/19.
Survey, design and consultation Bay lane	12,200	Design works in progress that will be completed in 18/19.
Bridges Capital Renewal Miscellaneous	12,800	Works in progress that will be completed in 18/19.
Bridges - Brunswick Road Bridge	50,000	Works to be undertaken in 18/19.
Lighthouse Road, Byron Bay	9,600	Design works in progress that will be completed in 18/19.
22 Bangalow Road - Resolve Stormwater	59,900	Works to be undertaken in 18/19.
Project Investigation & Planning	59,400	Design works in progress that will be completed in 18/19.
Settlement Road	6,400	Design works in progress that will be completed in 18/19.
Byron St	26,000	Design works in progress that will be completed in 18/19.
Ewingsdale Rd/Sunrise Boulevard Roundabout	48,900	Land acquisition works to be completed in 18/19.
Shire Wide - Bike Plan	53,600	Planning works in progress that will be completed in 18/19.
Lismore Road Off-Road Shared Path Invest	19,400	Design works in progress that will be completed in 18/19.
Ewingsdale Road Off-Road Shared Path	19,000	Design works in progress that will be completed in 18/19.
SGB Street Drainage Upgrade – Elizabeth	10,000	Design works in progress that will be completed in 18/19.
The Pocket Road Segment 568.10 (CH1.79-2	17,000	Design works in progress that will be completed in 18/19.
Station Street, Bangalow	35,300	Design works in progress that will be completed in 18/19.
Lawson Street, Byron (Middleton to Tenny	9,200	Design works in progress that will be completed in 18/19.
Middleton St (Marvel St to Kingsley)	7,800	Design works in progress that will be completed in 18/19.
DESIGN ONLY - Kendall RAB	2,900	Design works in progress that will be completed in 18/19.
DESIGN ONLY - Ewingsdale Rd (Highway to	60,700	Design works in progress that will be completed in 18/19.
Deacon and Station Street Intersection B	61,400	Design works in progress that will be completed in 18/19.
Byron Street Byron Bay Jonson to Railway	7,900	Works in progress that will be completed in 18/19.
Shirley Street Widening Investigation	22,000	Design works in progress that will be completed in 18/19.
Gravel Resheeting	82,600	Works to be undertaken in 18/19.
Clifford St intersection with Broken Head	19,200	Design works in progress that will be completed in 18/19.
Boardwalk Design - Lawson to Butler Sts	30,000	Works to be undertaken in 18/19.
Seven Mile Beach Rd Investigations	20,000	Design works in progress that will be completed in 18/19.
Scarabelottis Lookout- Keys Bridge Reserve	15,000	Design works in progress that will be completed in 18/19.
Rifle Range Road Intersection Upgrade	341,600	Design works in progress that will be completed in 18/19.
Balemo Dr O/S shared path Orana Dr	17,400	Design works in progress that will be completed in 18/19.
Traffic Study Strategic Network Analysis	174,900	Design works in progress that will be completed in 18/19.
McGettigans / Ewingsdale Road R/about	27,600	Works to be undertaken in 18/19.
Total	3,645,400

Whilst Council in accordance with Clause 211 of the Local Government (General) Regulation 2005 conducted its annual meeting to approve expenditure and voting of money on 28 June 2018 via Resolution 18-429, the expenditure items subject of this report were not included in the 2018/2019 Budget Estimates but now need to be. The intent of this report is to seek Council approval to revote the carryovers from the 2017/2018 financial year and to adopt the budget allocation carryovers for inclusion in the 2018/2019 adopted Budget Estimates.

The Strategic Planning Committee at its meeting held on 28 March 2013 considered Report 4.3 on the 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.

Resolution 13-164 has also been incorporated into Part 7 – ‘Policy and Decision Making’ of the Financial Sustainability Plan (FSP) 2017/2018 considered by Council at its Ordinary Meeting held on 14 December 2017 (Resolution 17-647).

This report was also considered by the Finance Advisory Committee at its Meeting held on 16 August 2018.

Statutory and Policy Compliance Implications

Regulation 211 of the Local Government (General) Regulation 2005 outlines the requirements of Council relating to authorisation of expenditure. Specifically the Regulation 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.

Council resolution 13-164

Part 7 – ‘Policy and Decision Making’ of the Financial Sustainability Plan (FSP) 2017/2018.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.11

Report No. 13.11 Budget Review 1 April 2018 to 30th June 2018

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2018/1402

Theme: Corporate Management

Financial Services

Summary:

This report is prepared in accordance with the format required by Clause 203 of the Local Government (General) Regulation 2005 to inform Council and the Community of Council’s estimated financial position for the 2017/2018 financial year, reviewed as at 30 June 2018.

The Quarterly Budget Review for the June 2018 Quarter has been prepared by staff even though it is not statutory requirement to assist Council with its Policy and decision making on matters that could have short, medium and long term implications on Councils financial sustainability.

This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund. The specific details of these proposed variations are included in Attachments 1 and 2 for Council’s consideration and authorisation.

The report also provides an indication of the financial position of the Council at 30 June 2018. It should be noted that the figures provided are subject to completion and audit of the Council’s Financial Statements for 2017/2018. Any major variances to the estimated financial position for the 2017/2018 financial year will be included as part of the report adopting the financial statements during October 2018.

This report is scheduled to be considered by the Finance Advisory Committee at its meeting held on 16 August 2018.

RECOMMENDATION:

1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2018/67079) which includes the following results in the 30 June 2018 Quarterly Review of the 2017/2018 Budget:

General Fund - $0 change in Unrestricted Cash Result

a) General Fund - $9,795,300 increase in reserves

b) Water Fund - $1,899,300 increase in reserves.

c) Sewerage Fund - $3,461,600 increase in reserves

Attachments:

1 Budget Variation for General, Water and Sewerage Funds, E2018/67080 ⇨

2 Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2018/67079 ⇨

Report

Council adopted the 2017/2018 budget on 22 June 2017 via Resolution 17-268. It also considered and adopted the budget carryovers from the 2016/2017 financial year, to be incorporated into the 2017/2018 budget at its Ordinary Meeting held on 24 August 2017 via Resolution 17-322. Since that date, Council has reviewed the budget taking into consideration the 2016/2017 Financial Statement results and progress through the 2017/2018 financial year. This report considers the June 2018 Quarter Budget Review.

The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Attachment 1, with an itemised listing in Attachment 2. This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Attachment 1 is also effectively a publication outlining a review of the budget and is intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.

Contained in the document at Attachment 1 is the following reporting hierarchy:

Consolidated Budget Cash Result

General Fund Cash Result Water Fund Cash Result Sewer Cash Result

Principal Activity Principal Activity Principal Activity

Operating Income Operating Expenditure Capital income Capital Expenditure

The pages within Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 22 June 2017 plus the adopted carryover budgets from 2016/2017 followed by the resolutions between July and September, the September Review, resolutions between October and December, the December review, resolutions between January and March, the March review, resolutions between April and June and the revote (or adjustment for this review) and then the revised position projected for 30 June 2018.

On the far right of the Principal Activity, there is a column titled “Note”. If this is populated by a number, it means that there has been an adjustment in the quarterly review. This number then corresponds to the notes at the end of the Attachment 1 which provides an explanation of the variation.

There is also information detailing restricted assets (reserves) to show Council estimated balances as at 30 June 2018 for all Council’s reserves.

A summary of Capital Works is also included by Fund and Principal Activity.

Office of Local Government Budget Review Guidelines:

The Office of Local Government on 10 December 2010 issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011. Reports to Council concerning Quarterly Budget Reviews normally provide statements in accordance with these guidelines as a separate attachment. Given that there is no statutory obligation for Council to produce a Quarterly Budget Review as at 30 June each financial year, the statements required by the guidelines have not been produced for this specific report only.

CONSOLIDATED RESULT

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds budget movements for the 2017/2018 financial year projected to 30 June 2018.

2017/2018 Budget Review Statement as at 30 June 2018	Original Estimate (Including Carryovers) 1/7/2017	Adjustments to 30 June 2018 including Resolutions*	Proposed 30 June 2018 Review Revotes	Revised Estimate 30/6/2018
Operating Revenue	77,022,500	5,547,700	2,997,600	85,567,800
Operating Expenditure	79,542,600	6,571,300	(1,339,900)	84,774,000
Operating Result – Surplus/Deficit	(2,520,100)	(1,023,600)	4,337,500	793,800
Add: Capital Revenue	27,595,500	(18,949,300)	879,100	9,525,300
Change in Net Assets	25,075,400	(19,972,900)	5,216,600	10,319,100
Add: Non Cash Expenses	12,939,400	0	0	12,939,400
Add: Non-Operating Funds Employed	2,160,000	1,239,000	(93,800)	3,305,200
Subtract: Funds Deployed for Non-Operating Purposes	(64,587,000)	26,544,400	10,033,400	(28,009,200)
Cash Surplus/(Deficit)	(24,412,200)	7,810,500	15,156,200	(1,445,500)
Restricted Funds – Increase / (Decrease)	(24,419,500)	7,817,800	15,156,200	(1,445,500)
Forecast Result for the Year – Surplus/(Deficit) – Unrestricted Cash Result	7,300	(7,300)	0	0

GENERAL FUND

In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 30 June 2018:

Opening Balance – 1 July 2017	$1,145,200
Plus original budget movement and carryovers	$7,300
Council Resolutions July – September Quarter	($50,000)
September Review – increase/(decrease)	($161,900)
Council Resolutions October – December Quarter	($10.000)
December Review – increase/(decrease)	($42,300)
Council Resolutions January – March Quarter	0
March Review – increase/(decrease)	$256,900
Council Resolutions April – June Quarter	0
Recommendations within this Review – increase/(decrease)	0
Forecast Unrestricted Cash Result – Surplus/(Deficit) – 30 June 2018	0
Estimated Unrestricted Cash Result Closing Balance – 30 June 2018	$1,145,200

The General Fund financial position overall has remained at zero as a result of this budget review. The proposed budget changes are detailed in Attachment 1.

Council Resolutions impacting the Budget Result

There were no resolutions of Council during the April to June quarter that affected the budget result.

Budget Adjustments

The budget adjustments identified in Attachments 1 and 2 for the General Fund have been summarised by Budget Directorate in the following table:

Budget Directorate	Revenue Increase/ (Decrease) $	Expenditure Increase/ (Decrease) $	Budget Result Increase/ (Decrease) $
General Manager	57,100	57,100	0
Corporate & Community Services	1,995,200	1,559,500	435,700
Infrastructure Services	(5,973,400)	(5,789,100)	(184,300)
Sustainable Environment & Economy	361,900	613,300	(251,400)
Total Budget Movements	(3,559,200)	(3,559,200)	0

Budget Adjustment Comments

Within each of the Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2. More detailed notes on these are provided in Attachment 1 with the majority of budget revotes proposed to reflect actual results achieved.

The major consideration with this budget review is the reduction in expenditure associated with projects not completed and under expenditure. Council will also be considering a report to this same Ordinary Council Meeting regarding carryover items from the 2017/2018 financial year not completed to be added to the 2018/2019 Budget Estimates. This report also considers the implications of that report.

Specific Cash Position

Upon reconciling Council’s total cash and investment position at 30 June 2018 compared to the reserve movements outlined in this Budget Review, there is an indication that Council will have total unrestricted cash and investments of $1,145,200 – the same level as 2017. Council commenced the 2017/2018 financial year with unrestricted cash of $1,145,200 which was an attainment of one of Council’s short term financial goals. The actual amounts that will be eventually allocated will be contingent upon finalisation of the 2017/2018 financial statements yet to be finalised and subject to external audit and further reporting to Council.

WATER FUND

After completion of the 2016/2017 Financial Statements the Water Fund as at 30 June 2017 has a capital works reserve of $4,953,000 and held $6,692,100 in section 64 developer contributions.

The estimated Water Fund reserve balances as at 30 June 2018, and forecast in this Quarter Budget Review, are derived as follows:

Capital Works Reserve

Opening Reserve Balance at 1 July 2017	$4,953,800
Plus original budget reserve movement	939,000
Less reserve funded carryovers from 2016/2017	(124,800)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(40,000)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(56,500)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	11,000
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	1,240,800
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)	1,969,500
Estimated Reserve Balance at 30 June 2018	$6,923,300

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2017	$6,692,100
Plus original budget reserve movement	(1,874,000)
Less reserve funded carryovers from 2016/2017	(2,645,300)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(70,000)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(50,000)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	1,184,100
Resolutions April - June Quarter – increase / (decrease)	(37,500)
June Quarterly Review Adjustments – increase / (decrease)	658,500
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)	(2,834,200)
Estimated Reserve Balance at 30 June 2018	$3,857,900

Movements for Water Fund can be seen in Attachment 1 with a proposed estimated increase to reserves (including S64 Contributions) overall of $1,899,300 from this review.

SEWERAGE FUND

After completion of the 2016/2017 Financial Statements the Sewer Fund as at 30 June 2017 has a capital works reserve of $7,372,800 and plant reserve of $827,800. It also held $9,583,600 in section 64 developer contributions.

Capital Works Reserve

Opening Reserve Balance at 1 July 2017	$7,372,800
Plus original budget reserve movement	(2,408,100)
Less reserve funded carryovers from 2016/2017	(102,200)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	99,000
Resolutions October - December Quarter – increase / (decrease)	(251,000)
December Quarterly Review Adjustments – increase / (decrease)	(524,300)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	2,647,100
Resolutions April - June Quarter – increase / (decrease)
June Quarterly Review Adjustments – increase / (decrease)	1,853,300
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)	1,313,800
Estimated Reserve Balance at 30 June 2018	$8,686,600

Plant Reserve

Opening Reserve Balance at 1 July 2017	$827,800
Plus original budget reserve movement	0
Less reserve funded carryovers from 2016/2017	0
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(12,300)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	0
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	0
Resolutions April - June Quarter – increase / (decrease)
June Quarterly Review Adjustments – increase / (decrease)	(91,100)
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)	(103,400)
Estimated Reserve Balance at 30 June 2018	$724,400

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2017	$9,583,600
Plus original budget reserve movement	(188,800)
Less reserve funded carryovers from 2016/2017	(1,949,600)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(101,700)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(275,000)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	283,500
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	1,699,400
Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)	(532,200)
Estimated Reserve Balance at 30 June 2018	$9,051,400

Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall increase to reserves (including S64 Contributions) of $3,461,600 from this Budget Review.

Legal Expenses

One of the major financial concerns for Council over previous years has been legal expenses. Not only does this item potentially represent a large expenditure item funded by general revenue, but can also be susceptible to large fluctuations.

The table that follows indicates the allocated budget and actual legal expenditure within Council on

a fund basis as at 30 June 2018.

Total Legal Income & Expenditure as at 30 June 2018

Program	2017/2018 Budget ($)	Actual ($)	Percentage To Revised Budget
Income
Legal Expenses Recovered	0	0	0%
Total Income	0	0	0%

Expenditure
General Legal Expenses	301,000	353,124	117.32%
Total Expenditure General Fund	301,000	353,124	117.32%

Note: The above table does not include costs incurred by Council in proceedings after 30 June 2017 or billed after this date. An additional $100,000 was allocated at the December 2017 budget review to the General Legal Expenses budget, funded from the Legal Services Reserve.

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

Legal Reserve

Opening Reserve Balance at 1 July 2017	$514,800
Less:-
Legal Services Officer	(61,400)
General Legal Expenses (December 2017 QBR)	(100,000)
Byron Rail Corridor Park (Railway Square Upgrade) (1)	(22,000)
Conservation Management Strategy (Railway Square Upgrade) (1)	(8,800)
Market/Comm Relocation/Use Das (Railway Square Upgrade) (1)	(500)
Rail Corridor Contamination Assessment (Railway Square Upgrade) (1)	(4,000)
Estimated Reserve Balance at as at 30 June 2018	$318,100

(1) These items were approved by Council as per resolution 18-111.

Byron Railway Precinct Projects

For information, the adopted 2017/2018 Budget Estimates currently provides an allocation of $1,457,500 funded from the Infrastructure Renewal Reserve, TDDI Grant, Visitor Centre contribution and other sources for projects related to the Byron Bay Master Plan – Railway Precinct.

A summary of the current projects with funded budgets associated with the Byron Railway Precinct are outlined in the table below with budgets presented prior to any adjustment that may be proposed in this Quarterly Budget Review:

Job No	Project No	Project	Current Budget 2017/2018 $
4835.187	0	Byron Bay Town Centre Masterplan	239,300
44283.013	1	Byron Street	200,000
44265.001	1	Byron Street	311,400
4835.188	2	Byron St Connection Upgrade	139,000
4835.189	3	Railway Park Upgrade	237,500
4835.190	4	Visitor Centre Refurbishment	130,000
2306.028	5	Countrylink Building Project Plan	35,000
4835.191	0	Visitor Centre Technology Project	45,000
4835.219	18	Byron Rail Corridor Park	57,000
4835.222	9	Conservation Mgmt Strategy	8,800
4835.223	11	Market/Comm Relocation/DAs	500
4835.224	12	Rail Corridor Contamination Assessment	32,100
4835.225	13	Farmers Market Relocation	21,900
		Total	1,457,500

Financial Implications

The 30 June 2018 Quarter Budget Review of the 2017/2018 Budget Estimates forecasts no change to the estimated budget attributable to the General Fund assuming all revotes of income and expenditure reported for Council’s consideration are approved. Overall, the short term financial position of Council still needs to be carefully monitored on an ongoing basis. Maintaining this result through the financial year given the challenges is a good outcome.

It is expected also given the level of reserve funds compared to total cash and investments at 30 June 2018, Council is likely to have maintained an unrestricted cash balance currently estimated at least $1,145,200. This is another achievement for Council maintaining this result throughout the financial year.

Notwithstanding that Council has maintained during the year its short term funding liquidity goal, Council certainly still has bigger issues in the longer term regarding its financial sustainability such as the provision of adequate funding for the maintenance and renewal of infrastructure assets.

The outcomes associated with this Budget Review need to be considered in context that they are indicative financial outcomes for the 2017/2018 financial year. Council is yet to finalise its financial statements for the year ended 30 June 2018 which will be subject to external independent audit.

It is expected that Council will receive a report to adopt its financial statements for the year ended 30 June 2018 at its Ordinary Meeting to be held on 18 October 2018 where the final financial results for the year will be presented.

This report was also considered by the Finance Advisory Committee at its meeting held on 16 August 2018.

Statutory and Policy Compliance Implications

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

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

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

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

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

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

Statement by Responsible Accounting Officer

This report indicates that the short term financial position of the Council is still satisfactory for the 2017/2018 financial year, having consideration of the original estimate of income and expenditure at the 30 June 2018 Quarter Budget Review.

This opinion is based on the estimated Unrestricted Cash Result position and the maintenance overall of a balanced budget result for the 2017/2018 financial year.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.12

Report No. 13.12 Investments July 2018

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2018/1420

Theme: Corporate Management

Financial Services

Summary:

This report includes a list of investments and identifies Council’s overall cash position for the month of July 2018 for Council’s information.

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

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 31 July 2018 be noted.

Report

In relation to the investment portfolio for the month of July 2018, Council has continued to maintain a diversified portfolio of investments. At 31 July 2018, the average 90 day bank bill rate (BBSW) for the month of July was 1.96%. Council’s performance to 31 July 2018 is 2.67% Council’s performance is again higher than the benchmark. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits and purchasing floating rate notes with attractive interest rates.

The table below identifies the investments held by Council as at 31 July 2018:

Schedule of Investments held as at 31 July 2018

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	No Fossil Fuel ADI	Type	Interest Rate Per Annum	Current Value
28/10/16	650,000	Teachers Mutual Bank	Y	BBB+	28/10/19	Y	FRN	3.17%	655,144.56
24/03/17	1,000,000	NAB Social Bond (Gender Equality)	Y	AA-	24/03/22	N	B	3.25%	1,017,387.17
31/03/17	1,000,000	CBA Climate Bond	Y	AA-	31/03/22	N	FRN	3.25%	1,000,000.00
16/11/17	750,000	Bank of Queensland	Y	BBB+	16/11/21	N	FRN	2.63%	750,000.00
31/01/18	2,000,000	AMP Bank	Y	A	03/08/18	N	TD	2.60%	2,000,000.00
02/02/18	1,000,000	Rural Bank	Y	BBB+	02/08/18	Y	TD	2.62%	1,000,000.00
06/02/18	1,000,000	Gateway Credit Union	Y	NR	07/08/18	Y	TD	2.55%	1,000,000.00
08/02/18	1,000,000	AMP	N	A	08/08/18	N	TD	2.60%	1,000,000.00
15/02/18	1,000,000	Police Credit Union Limited (SA)	Y	NR	15/08/18	Y	TD	2.61%	1,000,000.00
01/03/18	1,000,000	Defence Bank	Y	BBB	01/08/18	U	TD	2.50%	1,000,000.00
06/03/18	2,000,000	My State Bank	Y	BBB	06/09/18	Y	TD	2.65%	2,000,000.00
06/03/18	1,000,000	Bananacoast Credit Union	Y	NR	06/09/18	Y	TD	2.60%	1,000,000.00
07/03/18	1,000,000	Bananacoast Credit Union	N	NR	07/08/18	Y	TD	2.55%	1,000,000.00
16/03/18	1,000,000	The Capricornian Credit Union	Y	NR	17/09/18	U	TD	2.80%	1,000,000.00
04/04/18	2,000,000	Police Credit Union Limited (SA)	N	NR	03/10/18	Y	TD	2.86%	2,000,000.00
04/04/18	1,000,000	NAB	N	AA-	04/10//18	N	TD	2.60%	1,000,000.00
05/04/18	1,000,000	AMP Bank	N	A	02/10/18	N	TD	2.60%	1,000,000.00
05/04/18	1,000,000	Police Credit Union Limited (SA)	N	NR	02/10/18	Y	TD	2.85%	1,000,000.00
16/04/18	1,000,000	The Capricornian Credit Union	Y	NR	17/09/18	U	TD	2.74%	1,000,000.00
17/04/18	1,000,000	Police Credit Union Limited (SA)	N	NR	17/10/18	Y	TD	2.94%	1,000,000.00
30/04/18	2,000,000	NAB	N	AA-	30/08/18	N	TD	2.64%	2,000,000.00
02/05/18	2,000,000	Police Credit Union Limited (SA)	N	NR	30/10/18	Y	TD	2.83%	2,000,000.00
02/05/18	1,000,000	Maitland Mutual Building Society	Y	NR	29/10/18	Y	TD	2.83%	1,000,000.00
07/05/18	2,000,000	NAB	N	AA-	06/08/18	N	TD	2.64%	2,000,000.00
08/05/18	2,000,000	ME Bank	Y	BBB	07/08/18	Y	TD	2.60%	2,000,000.00
09/05/18	1,000,000	Coastline Credit Union	Y	NR	07/08/18	U	TD	2.80%	1,000,000.00
15/05/18	1,000,000	Maitland Mutual Building Society	N	NR	15/08/18	Y	TD	2.85%	1,000,000.00
15/05/18	1,000,000	Maitland Mutual Building Society	N	NR	15/10/18	Y	TD	2.85%	1,000,000.00
17/05/18	1,000,000	Hunter United Employees Credit Union	Y	NR	17/09/18	U	TD	2.80%	1,000,000.00
23/05/18	1,000,000	The Capricornian Credit Union	N	NR	23/11/18	U	TD	2.85%	1,000,000.00
24/05/18	1,000,000	ME Bank	N	BBB	21/09/18	Y	TD	2.60%	1,000,000.00
28/05/18	1,000,000	B & E Ltd (Bank of Us)	Y	NR	28/11/18	U	TD	2.85%	1,000,000.00
28/05/18	1,000,000	ME Bank	N	BBB	27/08/18	Y	TD	2.60%	1,000,000.00
30/05/18	1,000,000	Maitland Mutual Building Society	N	NR	20/08/18	Y	TD	2.80%	1,000,000.00
30/05/18	1,000,000	Maitland Mutual Building Society	N	NR	11/09/18	Y	TD	2.80%	1,000,000.00
30/05/18	1,000,000	AMP Bank	N	A	25/02/19	N	TD	2.80%	1,000,000.00
31/05/18	1,000,000	Maitland Mutual Building Society	N	NR	20/08/18	Y	TD	2.80%	1,000,000.00
01/06/18	1,000,000	Suncorp	Y	A	30/08/18	Y	TD	2.65%	1,000,000.00
01/06/18	1,000,000	Police Credit Union Limited (SA)	N	NR	21/09/18	Y	TD	2.82%	1,000,000.00
05/06/18	1,000,000	NAB	N	AA-	03/10/18	N	TD	2.70%	1,000,000.00
08/06/18	2,000,000	ME Bank	N	BBB	07/12/18	Y	TD	2.84%	2,000,000.00
08/06/18	1,000,000	Suncorp	N	A	09/10/18	Y	TD	2.82%	1,000,000.00
12/06/18	1,000,000	Bankwest	Y	AA-	12/09/18	N	TD	2.70%	1,000,000.00
14/06/18	2,000,000	Suncorp	N	A	12/09/18	Y	TD	2.75%	2,000,000.00
15/06/18	1,000,000	Suncorp	N	A	15/10/18	Y	TD	2.80%	1,000,000.00
18/06/18	2,000,000	Beyond Bank	Y	BBB	18/12/18	Y	TD	2.75%	2,000,000.00
18/06/18	1,000,000	Gateway Credit Union	N	NR	18/12/18	Y	TD	2.90%	1,000,000.00
26/06/18	1,000,000	Bankwest	N	AA-	24/06/18	N	TD	2.80%	1,000,000.00
03/07/18	1,000,000	B & E Ltd (Bank of Us)	N	NR	31/10/18	U	TD	3.00%	1,000,000.00
04/07/18	2,000,000	ME Bank	N	BBB	27/09/18	Y	TD	2.70%	2,000,000.00
04/07/18	1,000,000	NAB	N	AA-	08/10/18	N	TD	2.57%	1,000,000.00
05/07/18	1,000,000	Hunter United Employees Credit Union	N	NR	03/10/18	U	TD	2.90%	1,000,000.00
05/07/18	1,000,000	NAB	N	AA-	03/10/18	N	TD	2.76%	1,000,000.00
09/07/18	1,000,000	Beyond Bank	N	BBB	10/12/18	Y	TD	2.75%	1,000,000.00
23/07/18	1,000,000	AMP Bank	N	A	21/01/19	N	TD	2.80%	1,000,000.00
23/07/18	1,000,000	NAB	N	AA-	22/10/18	N	TD	2.68%	1,000,000.00
23/07/18	1,000,000	Bankwest	N	AA-	22/10/18	N	TD	2.65%	1,000,000.00
24/07/18	1,000,000	ME Bank	N	BBB	22/10/18	Y	TD	2.73%	1,000,000.00
30/07/18	2,000,000	ME Bank	N	BBB	29/10/18	Y	TD	2.73%	2,000,000.00
N/A	2,080,138	CBA Business Online Saver	N	A	N/A	N	CALL	1.40%	2,080,138.36
12/01/18	1,011,062	NSW Treasury Corp	N	AAA	N/A	Y	CALL	1.60%	1,011,061.74
Total	73,491,200						AVG	2.67%	73,513,731.83

Note 1.	CP = Capital protection on maturity
	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

Note 2.	No Fossil Fuel ADI
	Y = No investment in Fossil Fuels
	N = Investment in Fossil Fuels
	U = Unknown Status

Note 3.	Type	Description
	B	Bonds	Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.
	FRN	Floating Rate Note	Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.
	TD	Term Deposit	Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.
	CALL	Call Account	Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance.

Environmental and Socially Responsible Investing

An additional column has been added to the schedule of Investments above, to identify if the financial institution holding the Council investment, has been assessed as a ‘No Fossil Fuel’ investing institution. This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not. The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.

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

https://www.byron.nsw.gov.au/Council/Your-right-to-Council-information/Policies?dlv_OC%20CL%20Public%20DocLib%20Relative=(pageindex=6)

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

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

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

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

Dissection of Council Investment Portfolio as at 31 July 2018

Principal Value ($)	Investment Linked to:-	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
67,000,000.00	Term Deposits	67,000,000.00	0.00
2,400,000.00	Floating Rate Note	2,405,144.56	5,144.56
2,080,138.36	Business On-Line Saver (At Call)	2,080,138.36	0.00
1,011,061.74	NSW Treasury Corp (T Corp)	1,011,061.74	0.00
1,000,000.00	Bonds	1,017,387.17	17,387.17
73,491,200.10		73,513,731.83	22,531.73

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

The table below provides a reconciliation of investment purchases and maturities for month of July 2018 on a current market value basis.

Movement in Investment Portfolio – 31 July 2018

Item	Current Market Value (at end of month) $
Opening Balance at 30 June 2018	76,506,977.26
Add: New Investments Purchased	13,000,000.00
Add: Call Account Additions	0.00
Add: Interest from Call Account	4,513.24
Less: Investments Matured	15,000,000.00
Add: T Corp Additions	0.00
Add: Interest from T Corp	2,241.33
Less: Call Account Redemption	1,000,000.00
Add: Fair Value Movement for period	0.00
Closing Balance at 31 July 2018	73,513,731.83

Investments Maturities and Returns – July 2018

Principal Value ($)	Description	Type	Maturity Date	Number of Days Invested	Interest Rate Per Annum	Interest Paid on Maturity $
1,000,000	NAB	TD	04/07/18	91	2.57%	6,407.40
2,000,000	ME Bank	TD	04/07/18	183	2.55%	25,569.86
1,000,000	NAB	TD	05/07/18	91	2.57%	6,407.40
1,000,000	Hunter United Employees Credit Union	TD	05/07/18	90	2.55%	6,287.67
1,000,000	Beyond Bank	TD	09/07/18	124	2.50%	8,493.15
1,000,000	Bankwest	TD	09/07/18	90	2.60%	6,410.96
1,000,000	Bankwest	TD	12/07/18	91	2.60%	6,482.19
1,000,000	NAB	TD	16/07/18	124	2.58%	8,764.94
1,000,000	AMP Bank	TD	23/07/18	181	2.60%	12,893.15
1,000,000	NAB	TD	23/07/18	91	2.60%	6,482.20
1,000,000	Bankwest	TD	23/07/18	90	2.65%	6,534.25
1,000,000	ME Bank	TD	24/07/18	181	2.60%	12,893.15
2,000,000	Rural Bank	TD	30/07/18	182	2.60%	25,928.77
15,000,000						139,555.09

The overall ‘cash position’ of Council is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account as well for operational purposes. In this regard, for the month of July 2018 the table below identifies the overall cash position of Council as follows:

Dissection of Council Cash Position as at 31 July 2018

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	67,000,000.00	67,000,000.00	0.00
Floating Rate Note	2,400,000.00	2,405,144.56	5,144.56
Business On-Line Saver (At Call)	2,080,138.36	2,080,138.36	0.00
NSW Treasury Corp (T Corp)	1,011,061.74	1,011,061.74	0.00
Bonds	1,000,000.00	1,017,387.17	17,387.17
Total Investment Portfolio	73,491,200.10	73,513,731.83	22,531.73

Cash at Bank
Consolidated Fund	1,753,766.68	1,753,766.68	0.00
Total Cash at Bank	1,753,766.68	1,753,766.68	0.00

Total Cash Position	75,244,966.78	75,267,498.51	22,531.73

Financial Implications

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

Statutory and Policy Compliance Implications

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

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. In this regard, the current Council Meeting cycle does not always allow this to occur, especially when investment valuations required for the preparation of the report, are often received after the deadline for the submission of reports for the meeting. Endeavours will be made to ensure the required report will be provided to Council and this will for some months require reporting for one or more months.

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

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

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.13

Report No. 13.13 Bayshore Drive Roundabout Public Art Project

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/1433

Theme: Society and Culture

Community Development

Summary:

The Bayshore Drive Roundabout Public Art Project is a key deliverable in the newly adopted Public Art Strategy. The Public Art Panel met on Friday 3 August to select the final artist to commission for the project.

Council is requested to endorse the Public Art Panel’s selection.

RECOMMENDATION:

That Council:

1. Grant the preferred artist, as per attachment 2 (E2018/66023), the commission to deliver the Bayshore Drive Roundabout Public Art Project, subject to the project
sub-committee being satisfied that the engineering, fabrication, timeline, and budget have been well considered and confirmed.

2. Note that the sub-committee on the project will work with the selected artist to facilitate the delivery of a successful project.

Attachments:

1 Expression of Interest - Public Art for Bayshore Drive roundabout, E2018/39447 ⇨

2 Confidential - Preferred Artist's submission (Stage1&2), E2018/66023

Report

The Bayshore Drive Roundabout Public Art Project is a key deliverable in the newly adopted Public Art Strategy.

A brief was developed with input from the Panel members and is provided as Attachment 1.

A PAP sub-committee was selected to work with staff to progress the commissioning of a public artwork – Lisa Hochhauser, Matthew Baird and Julie Lipsett (Denise Napier alternate for Julie), noting that Crs Ndiaye, Hackett and Richardson would also be involved where possible.

The Bayshore Drive roundabout is at a major intersection of Ewingsdale Rd and Bayshore Drive, Bayshore Drive being the main entrance to the Byron Arts and Industrial Estate, and access to Sunrise Beach residential area. Council has received grant funding to deliver the new roundabout by 31 January 2019.

It is Council’s preference that the public art project is completed and installed prior to any official opening or launch of the new roundabout.

Expressions of Interest were called via advertising from 14 June, with submissions closing 13July. An onsite information session was held on Tuesday 26 June with two artists attending.

The sub-committee of the Panel has met to undertake the first round of shortlisting. The shortlisted artists signed a Concept Development contract and were paid $1,000 each to further develop their concept designs.

The Public Art Panel held an ordinary meeting on Friday 3 August to select a final artist to commission for the project. Due to the tight delivery timelines, this report provides the information about the final artist selection with a request that Council support the PAP’s recommendation.

The artist’s proposal is provided at Confidential Attachment 2 for Councillors’ information.

Financial Implications

This project is being funded from Section 94 developer contributions.

The total available budget is $60,000, however $5,000 has been set aside to pay for concept design development and as a small contingency. The total available amount for artists to deliver the project is $55,000.

There is no cost to the public art budget.

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Strategy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.14

Report No. 13.14 Water, Waste and Sewer Advisory Committee - Community Representatives

Directorate: Corporate and Community Services

Report Author: Heather Sills, Corporate Governance Officer

File No: I2018/1400

Theme: Corporate Management

Corporate Services

Summary:

Following the resignation of community member, Alan Dickens from the Water, Waste, and Sewer Advisory Committee, Council has called for nominations for community members to replace this position on the committee.

The purpose of the Water, Waste and Sewer Advisory Committee is to:

a) Develop policies for addressing the water cycle and waste cycle management needs and aspirations of the Shire’s population in an ecologically sustainable way.

b) Develop strategies for natural resource management / demand management for water, sewer and waste management within the Shire.

c) Recommend on strategies and plans that address water and waste management issues in a regional/ broader context.

Council advertised for expressions of interest for community representatives to the Water, Waste and Sewer Advisory Committee, which closed on Friday, 27 July 2018.

This report has been prepared to allow Council to consider the nominations received, as contained in Confidential Attachment 1, and advise the Water, Waste and Sewer Advisory Committee of its community representatives.

The term for the appointed Community Representatives will be for the remainder of the current term of Council.

RECOMMENDATION:

That Council:-

1. Accept the resignation of Alan Dickens from the Water, Waste, and Sewer Advisory committee and provide a letter of thanks.

2. Nominate ________________ for appointment to the Water, Waste and Sewer Advisory Committee.

3. Thank all nominees for their interest and time in submitting an Expression of Interest.

Attachments:

1 Confidential - Expression of Interest for Water, Waste and Sewer Committee Membership - August 2018 - candidate A, E2018/65343

2 Confidential - Expression of Interest for Water, Waste and Sewer Committee Membership August 2018 - Candidate B, E2018/65331

3 Confidential - Expression of Interest Water, Waste and Sewer Committee Membership August 2018 - Candidate C, E2018/65345

Report

Committee meetings are held as required, although generally every quarter for approximately two hours during business hours.

The Expression of Interest Forms required each nominee to address the assessment criteria sought from the prospective community representatives. Completed Expression of Interest forms received are provided in Confidential Attachment 1, 2 and 3.

Ideally prospective community representatives should:

• Have an interest in the water cycle and waste cycle management needs

• Assist in recommending on strategies and plans that address water and waste management issues in a regional/broader context

• Assist develop strategies for natural resource management/demand management for water, sewer and waste management within the Shire

• Have an understanding of the role of Local Government

• Demonstrate a commitment to consultative processes

• Have the ability to develop and sustain contacts with key individuals and groupings in the local community

• Have the ability to effectively listen to, and cooperate with community members holding similar or different points of view

Financial Implications

The advertisement for the applications for community representatives were undertaken within existing allocated resources.

Statutory and Policy Compliance Implications

The nomination of a community representative is in accordance with the Constitution for the Water, Waste and Sewer Advisory Committee.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.15

Report No. 13.15 Licence for community garden at Red Bean Close Suffolk Park

Directorate: Corporate and Community Services

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2018/1440

Theme: Corporate Management

Corporate Services

Summary:

The resident of 32 Red Bean Close Suffolk Park, has progressively turned the majority of open space within Bunya Place Park into a garden area without Council approval. The area is planted with over 100 native and fruit trees with raised garden beds, furniture and an in-ground irrigation system.

Around 70% of the available open space has now been planted and the area looks, to all intents, like private property.

The resident’s use of the land and attempts to exclude the community from the land has led to ongoing conflict.

Meetings between Council and the Resident resulted in Council seeking to regularise the activities on the land by investigating the issue of a one year licence. Council sought public comment on the proposed licence and received a number of submissions including a petition opposing the grant of a licence signed by 198 persons.

Given the strong objections raised by the community regarding the proposed licence, Council staff recommend that the licence not be granted and that the reserved land be returned to state whereby the community have full and unrestricted access to the land.

RECOMMENDATION:

That Council:

1. Decline the granting of the Licence for the occupation of and carrying out of works on Red Bean Close Reserve Suffolk Park (parcel 197060 being Lot 218 DP 846399 and Parcel 229740 being Lot 18 DP 1009620)

2. Request the resident to return the reserve back into a passive recreational reserve consistent with its current Plans of Management and that in the event that the resident does not comply with such request an orders process be undertaken to achieve the return of the reserve to passive recreation.

3. Take steps to achieve the removal of inappropriate vegetation and structures, including European honeybee hives from the land.

4. Request staff to consult with the local community on level of service maintenance for this community asset.

5. Request staff to erect signage on the Reserve that identifies the land as Community land.

Attachments:

1 Confidential - Submissions and petition, E2018/66865

Report

The resident of 32 Red Bean Close Suffolk Park (Resident), has progressively turned the majority of open space within Bunya Place Park into a garden area. The garden is planted with over 100 plants including both native and fruit trees and has installed garden furniture, raised garden beds and an in-ground irrigation system. The Resident mows and maintains the garden area.

Around 70% of the available open space has now been planted and the area looks, to all intents, like private property.

Friction between the Resident and neighbours resulted in formal complaints being lodged with Council.

Neighbours claim that works by the Resident effectively privatised the reserve for the Resident’s own use. The Resident in turn claims that neighbours were pulling out or poising the plantings in the reserve.

Later searches by Council located a promotional advertisement on Airbnb whereby the Resident described the area as “a private nature reserve and a fabulous big backyard that includes… native and fruit bearing trees, 10 award winning vegetable gardens and both native and European honeybee hives”.

Subsequent meetings between Council and the Resident resulted in Council seeking to regularise the activities on the land by the investigation of a license agreement which would permit the resident to undertake a self managed community garden.

Council, in accordance with its legislative requirements, sought public comment on the proposed licence and received a number of submissions.

Council must now consider all submissions received in determining whether to grant the licence.

The Land:

Bunya Place Park is categorised as community land accessible from Red Bean Close Suffolk Park.

The land is subject to two management plans being the:

· Generic Plan of Management for Community Land Categorises as General Community Use –Drainage Reserve; and

· Generic Plan of Management for Community Land Categorises as Natural Area.

Both Plans permit the granting of a licence over the land only if the purpose of the licence is consistent with the core objectives of the category of the land.

Background:

In June 2016, the Resident approached Council seeking authority to plant native trees within the reserve that adjoined his property. Council, at that time, approved the planning and permitted the Resident to mow some of the reserve.

Plantings on the reserve extended beyond the planting of native trees.

In January 2017 Council, following complaints, requested that the Resident remove all unauthorised planted fruit trees and to provide Council with a details of any future native tree planting.

The Resident did not provide any details.

In February 2017 and again in October 2017 the Resident was given written notice to remove all unauthorised planting. Finally in December 2017 Council issued a final notice requesting the removal of all encroachments and belongings including bee hives, raised garden beds, exercise equipment, tools and machinery within seven days and that after seven days council would remove all vegetation assessed as inappropriate given the location and species.

In January 2018 Council’s Executive Team requested that Council staff attend an onsite meeting with the Resident with a view of establishing a management plan to formalise short-term use of the reserve and to permit a review of long-term options.

At that meeting Council staff noted that reported stakes and barbed-wire fencing had been removed along with concrete garden furniture. The Resident maintained that only local native plants had been used, that the bees were a stingless native variety and that only edible fruit and vegetables were planted.

The Resident also expressed a desire to work with Council to establish the garden area as a community garden.

Following the meeting Council’s Executive Team requested staff to investigate the prospect of allowing a self-managed community garden. The Executive Team also requested staff to review relevant plans of management and to advertise a proposed licence.

Submissions received from the public exhibition:

Council publicly advertised from 21 June to 19 July 2018, in accordance with the Local Government Act, a proposed grant of a one-year licence to the Community Regeneration of Open Spaces Incorporated for the purpose of general community use of a natural area for a community garden.

Council received:

· 5 written submissions in favour of the licence; and

· 10 written submissions opposing the licence; and

· 198 person petition objecting to the proposed licence.

Council must consider all submissions received in determining whether or not to grant the one-year licence. All submissions and the petition form Confidential attachment 1 hereto.

The table below is a summary of submission given in favour of granting the licence.

Amenity Support

· Support the use of the land.

· A great community project with a long-term vision for creating a space for both the wild life and human uses.

· Incorporating a community garden into the space greatly benefits the community.

· Congratulations on the huge improvement over land that was a mess four years ago due to Council’s maintenance. Learning about growing fruits and plants in a suburban area is a great asset to the community and shire and should be encouraged.

The table below is a summary of submissions received objecting to the granting of the licence.

Procedural Concerns

Council’s Response

· Lack of public consultation regarding the proposed garden and how it is intended to operate.

· The vague and uncertain undocumented process as proposed for Red Bean Close sets a very bad precedent for what could be an excellent mechanism for community based management of the land

· A competitive process needed before granting the licence.

· Lack of consultation with immediate neighbours, should have been a letter box drop because a small A4 sign was ineffective.

· Council in accordance with its legal obligations exhibited the proposed licence in the local newspaper for a period of 28 days. Council gave notice, via a letter box drop, to all persons who own or occupy land immediately adjoining the reserve and placed a notice on the reserve.

· The primary purpose of the licence is to formalise what has already occurred at the site. The proposed licence will prohibits any expansion of plantings without written consent of Council.

· The proposed licence is provided as an interim means to formalise the garden until Council has reviewed relevant Plans of Management and its Community Gardens Policy. Once the review is complete Council is obliged to call for public expressions of interest to operate the garden.

· Council conducted a letter box drop of owners and occupiers of land immediately adjoining the community garden site.

Amenity Concerns

Council’s Response

· The encroachment is made for personal use not community use.

· The Resident has privatised the space for his own purpose as demonstrated by his Airbnb advertisement.

· The Resident has never held an open day to talk with neighbours about his plans and get community feedback.

· The open space was previously used by the community walking their dogs, throwing a ball, kids played on the land, now that use has ceased to almost naught because residents have been intimidated away.

· The space should be left for the community, native fauna and water not licensed for personal use.

· Planting are for personal consumption, there was no community consultation and has resulted in a non-community feel.

· The produce is being sold at nearby shops.

· Prior history of denying and excluding public access by erecting of fencing including an electric fence and signage.

· Prior history of failing to comply with an order to dismantle fencing until threatened with a fine.

· Prior history of re-erecting fencing after order to dismantle was issued whereby the community removed the fencing.

· Community is concerned Council will sell the land, and that land must be kept for community uses.

· Loss of privacy, quietness and unobstructed access that was previous available when the land was unoccupied

· Council has moved its maintenance responsibly over the land to the Resident, is it setting itself up for a big maintenance mess in the future.

· Excessive noise and toxic fumes caused by inadequate equipment to maintain the land with mowing and edging takes an extremely long time and the job is never complete.

· The site was always slashed by Council now due to the Resident’s inability to slash the site, wetland grasses are spreading towards the drainage culverts and with drainage problems in heavy rain events, flooding is a concern.

· The ecological benefits of expanding wetlands must be weight against loss of access by emergency services; Council must resume its obligations to properly maintain the land.

· Council needs to look ahead and determine the long-term costs to the community and council caused by the remodelling of the community space through aggressive planting,

· The Resident use of inappropriate language (loud swearing) in a residential area.

· The Resident has bullied the takeover of community land from the community and people no longer feel welcome. The formalisation of his takeover should not be allowed.

· A proposed licence would prohibit the Licensee from:

a) enclosing the licensed area to the general public.

b) advertising the licensed area for private use;

c) extending plantings during the term of the licence without the written consent of Council; and

d) a breach of any essential term would result in termination of the licence and require the Licensee to provide vacant possession of the land by removing, at its own cost, all its structures and plantings within seven days after the licence ends.

· The Licensed area covers part of:

a) Lot 218 DP 846399; and

b) Lot 18 DP 1009620

both lands are classified as Community Land and will not be sold.

· Community land must be available for community use as determined by the Plan of Management over the land.

· The Licensee would be required to maintain all current plantings, gardens and landscaping at its own cost to a standard as defined by Council.

· Council will monitor the Licensee use and maintenance of the land to ensure all drainage areas work effectively.

Noted

Safety Concern

· Prior bullying, abusive and disturbing behaviour by the Resident that required police intervention has left many close neighbours distressed.

· Misleading and deceptive behaviour by the Resident in door knocking residence to mislead the community to go to him and not Council regarding the community space.

· The Resident’s private garden now allows for easy access for strangers to access residential back yards and elderly residents are fearful, the land is not suitable for a garden because it is full of trees and wildlife.

Noted

The objections contained in the petition are summarised as:

· That the land is community land not private and the erecting in the past of a wire fence to prevent access does not indicate community;

· That the applicant had to be directed to dismantle an electric fence erected to prevent accesses does not indicate community;

· That noise caused by the applicants use of inappropriate equipment to maintain is excessive and the slopes to the creek are extremely neglected; and

· That against repeated Council instructions, the applicant has turned a one open green space maintained by Council to an unusable private tree studded maize that does not meet local needs and grows fruit and vegetables for private consumption.

Given the strong objections raised by the community regarding the proposed licence, Council staff recommend that a licence not be granted and that the reserved land be returned to state whereby the community have full and unrestricted access to the land.

Financial Implications

Should Council resolve as recommended the Resident will be required to remove the encroachments on the reserve. The process to achieve this will involve staff time only.

Should the Resident fail to remove the encroachments it will be necessary to consider the issue of Local Government Act Orders. This process will involve staff time only and will see administration fees imposed on the Resident.

Should the Resident failed to comply with Orders it may become necessary for Council to remove the encroachments. Council will seek to recover its costs from the Resident.

Statutory and Policy Compliance Implications

Local Government Act 1993 (NSW)

Section47 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.

(5) The council must not grant the lease, licence or other estate except with the Minister’s consent, if:

(a) a person makes a submission by way of objection to the proposal, or

(b) in the case of a lease or licence, the period (including any period for which the lease or licence could be renewed by the exercise of an option) of the lease or licence exceeds 21 years.

(6) If the council applies for the Minister’s consent, it must forward with its application:

• a copy of the plan of management for the land

• details of all objections received and a statement setting out, for each objection, the council’s decision and the reasons for its decision

• a statement setting out all the facts concerning the proposal to grant the lease, licence or other estate

• a copy of the public notice of the proposal

• a statement setting out the terms, conditions, restrictions and covenants proposed to be included in the lease, licence or other estate

• if the application relates to a lease or licence for a period (including any period for which the lease or licence could be renewed by the exercise of an option) exceeding 21 years, a statement outlining the special circumstances that justify the period of the lease or licence exceeding 21 years

• a statement setting out the manner in which and the extent to which the public interest would, in the council’s opinion, be affected by the granting of the proposed lease, licence or other estate, including the manner in which and the extent to which the needs of the area with respect to community land would, in the council’s opinion, be adversely affected by the granting of the proposed lease, licence or other estate.

(7) On receipt of the application, the Minister must request the Director of Planning to furnish a report concerning the application within such period as the Minister specifies.

(8) After considering the application and any report of the Director of Planning, the Minister, if satisfied that:

(a) subsections (1), (2) and (6) have been complied with, and

(b) such consent would not contravene section 46, and

may consent to the granting of a lease, licence or other estate in respect of the whole or part of the land to which the application relates, subject to such terms and conditions as the Minister specifies.

(8AA) The Minister may consent to a lease or licence referred to in subsection (5) (b) only if the Minister is satisfied that there are special circumstances that justify the period of the lease or licence exceeding 21 years.

(8A) On request by any person, the Minister must provide that person, within 14 days of that request, with a written statement of reasons for consenting to, or refusing to consent to, the granting of a lease, licence or other estate in accordance with subsection (8).

(9) The Minister’s consent is conclusive evidence that the council has complied with subsections (1), (2) and (6).

(10) For the purposes of this section, any provision made by a lease or licence, or by an instrument granting any other estate, in respect of community land, according to which the council:

(a) would suffer a disadvantage or penalty if the same or a similar lease, licence or estate were not to be granted, for a further term, after the expiry of the current lease, licence or other estate, or

(b) would enjoy an advantage or benefit if the same or a similar lease, licence or estate were to be so granted, is taken to confer an option for renewal for a term equal to the further term.

Section 47A 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.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.16

Staff Reports - Sustainable Environment and Economy

Report No. 13.16 Planning Proposal Update - The Saddle Road (26.2017.3.1)

Directorate: Sustainable Environment and Economy

Report Author: Natalie Hancock, Senior Planner

File No: I2018/1370

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

Council, at its 22 February 2018 meeting, considered a report on a Planning Proposal relating to land located at Saddle Road and Gulgan Road, inclusive of Bashforths Lane and Mangrove Lane, between Mullumbimby and Brunswick Heads.

The impetus for the Planning Proposal was Council’s resolution of the 22 June 2017 Ordinary Council meeting (Resolution 17-260) which supported further site investigations and progression of Planning Proposals (where appropriate) to rezone land for accessible housing. This initiative was subsequently referred to as the ‘Accessible Housing Project’ (AHP), which is aimed at providing much needed housing opportunities for low-medium income households in the Byron Shire.

The Planning Proposal is for a significant and large new urban growth area in Byron Shire. If developed, this area has potential to supply approximately 475 rural residential and residential lots, of which 20% of the resulting dwellings would to be secured for accessible housing.

The February 2018 report outlined a number of issues requiring further assessment before Council could make an informed and final decision on the Planning Proposal, including:

· cultural heritage, farmland protection, infrastructure and precinct design

· a significant number of landowners objected to being included in the Planning Proposal

· mechanism(s) for delivery of the ‘affordable housing’ component of the proposal which was the pretext for it being submitted to Council.

Council resolved at the meeting (Res 18-099) to consider a future report on the Planning Proposal once further assessment information was available.

Consistent with Council’s resolution, staff have discussed with the proponents the matters as identified in the February Council report. This report provides an update on the current assessment status of the Planning Proposal, including advice from the Department of Planning and Environment confirming their position in relation to the draft Residential Strategy. That position does not support proceeding with this Planning Proposal ahead of the Residential Strategy.

Notwithstanding the Department’s advice (Attachment 1), the following options are presented in the report for Council’s consideration:

1. Advise the proponent that determination of the Saddle Road Planning Proposal will not occur until the Residential Strategy is finalised; OR

2. Advise the proponent that Council notes the Department’s position however it will continue with the assessment of the Planning Proposal (26.2017.3.1) with reporting to Council for consideration once further information is available.

NOTE TO COUNCILLORS:

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

RECOMMENDATION:

1. Note the Department of Planning and Environment’s advice clarifying progression of the Saddle Road Planning Proposal as part of the Accessible Housing Project (Attachment 1.).

2.(a) Advise the proponent that Council will continue with the assessment of the Saddle Road Planning Proposal (26.2017.3.1) with a further report to Council for consideration once further information is available; and

(b). That the Director Sustainable Environment and Economy arrange an urgent meeting with the Department of Planning and Environment to request reconsideration of the Department’s position on early implementation of the Accessible Housing Project initiative, and that the outcome be reported back to Council.

2. (a). Advise the proponent that the determination of the Saddle Road Planning Proposal will not occur until the Residential Strategy is finalised; and

(b). Notify all other Accessible Housing Project initiative proponents identified in Resolution 17-601 that a review of their land will occur as part of finalisation of the draft Residential Strategy.

Attachments:

1 E-mail from Department of Planning and Environment Saddle Road Planning Proposal (27.2017.3.1) Early implementation of a Residential Strategy Action to provide affordable housing, E2018/67368 ⇨

2 Department of Planning and Environment Response to Byron Council concerning Accessible Housing Project 2018-06-20, E2018/62839 ⇨

3 Special Disclosure of Pecuninary Interest, E2012/2815 ⇨

Report

Background

Council at its 22 February 2018 meeting considered a report on a Planning Proposal relating to land located at Saddle Road and Gulgan Road, inclusive of Bashforths Lane and Mangrove Lane, between Mullumbimby and Brunswick Heads.

The impetus for the Planning Proposal was Council’s resolution of the 22 June 2017 Ordinary Council meeting (Resolution 17-260) which supported further site investigations and progression of Planning Proposals (where appropriate) to rezone land for accessible housing.” This initiative was subsequently referred to as the ‘Accessible Housing Project’ (AHP), which is aimed at providing much needed housing opportunities for low – medium income households in the Byron Shire.

The February 2018 report outlined a number of issues requiring further assessment before Council could make an informed and final decision on the Planning Proposal, including:

· cultural heritage, farmland protection, infrastructure and precinct design

· a significant number of landowners objected to being included in the Planning Proposal

· mechanism(s) for delivery of the ‘affordable housing’ component of the proposal which was the pretext for it being submitted to Council.

Council at the meeting resolved Res 18-099):

That Council note the report and that the Planning Proposal (26.2017.3.1) will be reported to Council for consideration once further information is available.

Consistent with Council’s resolution staff discussed with the proponents, Planners North and Balanced Advice, the matters as identified in the February Council report. This report provides an update on the current assessment status of the Planning Proposal, including the Department of Planning and Environment confirming their position in relation to the draft Residential Strategy.

Key Matters

Landowner’s objection to inclusion in the Planning Proposal.

The proponent has written to landowners contained in the original Planning Proposal area (as submitted). This letter outlined the zoning notionally nominated for their property in the Planning Proposal and asked if they could confirm if they would like to continue to be included in the Planning Proposal. Following landowner responses received, the proponent intends to amend the proposal to exclude those lands where the landowners do not wish to be part of the Planning Proposal. A formal notification will be provided to Council.

Cultural Heritage

Any development culminating out of a rezoning must protect and manage Aboriginal cultural heritage. The proponent has undertaken a confidential Cultural Heritage Assessment. It is Council staff’s understanding that this assessment is currently being reviewed by the relevant stakeholders the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal), Tweed Byron Local Aboriginal Land Council (TBLALC) and Lois Cook. Their input is considered critical to the credibility of this assessment, as well as ensuring the Planning Proposal satisfies the requirements of Section 117 (2) of the Environmental Planning and Assessment Act 1979 Direction 2.3 Heritage Conservation.

It would be premature to progress with a determination of the Planning Proposal until the findings of this assessment are finalised.

Farmland Protection

The proponent has consulted with the Department of Primary Industries on the North Coast Regional Plan Important Farmland Interim Variation Criteria requirements as well as consistency with relevant Section 117 Directions. The proponent has engaged a specialist consultant to advise on the land’s significant as farmland. The findings of this assessment are yet to be finalised. This remains critical to the determination of the appropriateness of this area as a new urban growth area. It would be premature to progress with a determination of the Planning Proposal until the findings of this assessment are finalised.

Infrastructure

Under the Urban Growth Area Variation Principles a development is to provide ‘adequate and cost effect infrastructure be provided to match the expected population.’ This includes the use of committed and planned major transport, water and sewerage infrastructure, and having no cost to government. The proponent has verbally advised that preliminary infrastructure capacity and sequencing investigations do not indicate a basis for the preclusion of this area as a new urban growth area. Discussions are ongoing with the proponent to determine requirements, service delivery approach and potential cost.

Regulatory Framework and Addressing Council Resolution for Accessible Housing

This Planning Proposal is part of the AHP. The Saddle Road precinct is outside an identified urban growth area. The AHP centres on facilitating, prior to the finalization of the Residential Strategy, planning proposals to rezone land for residential purposes with a certain portion to be dedication for affordable housing purposes. Critical to the AHP, is State government support for assessment of the planning proposals using the North Coast Regional Plan 2036 Urban Growth Area Variation Principles.

At the 22 June Council meeting it was reported by staff that the Department of Planning and Environment’s position on other AHP land was that it is ‘committed to a strategic led process in identifying new residential release areas… and that ‘ad-hoc proposals for residential land release outside of the strategic planning framework are generally not supported’. (full advice of 20 June 2018 letter contained in Attachment 2).

Noting this, staff have sought clarification from the Department as to their position for the Saddle Road Planning Proposal. The Department response reiterated their position that ‘‘Council’s draft residential strategy is the most appropriated mechanism for directing growth to appropriate locations that can sustainably accommodate residential development and provide necessary services and infrastructure.’ (Attachment 1)

The proponent has been advised of the Department’s position in this matter.

Options for moving forward with the Planning Proposal

The AHP invites landowners to dedicate land for accessible housing. A pivotal incentive for landowners is, prior to the finalization of the Residential Strategy, facilitating planning proposals to rezone land for residential purposes. Notwithstanding the Department’s advice that it does not support this approach of Council, two options are available to Council:

Option 1

§ Advise the proponent that the determination of the Saddle Road Planning Proposal will not occur until the Residential Strategy is finalised (i.e. Concur with the Department’s position).

The consequence of this option is that there is a high probability that such landowners are unlikely to remain part of this AHP initiative. This is because the ‘early implementation’ incentive for landowners to dedicate a certain portion of land for accessible housing will be significantly reduced, and may be removed altogether. Under this scenario the potential loss of the dwellings under the AHP may be in the order of some 100 dwellings in the Saddle Road precinct. This combined with the Mullumbimby properties listed in the 21 June Council resolution (Res 18-410) may equate to some 140 dwellings.

Should this be the Council’s preferred option, it will be necessary to notify all AHP proponents identified in Resolution 17-601 that a review of their land will occur as part of finalisation of the draft Residential Strategy.

Option 2

§ Advise the proponent that Council notes the Department’s position however it will continue with the assessment of the Planning Proposal (26.2017.3.1) with a report to Council for consideration once further information is available.

Should this be Council’s preferred option, it is recommended that the Director Sustainable Environment and Economy arrange an urgent meeting with the Department of Planning and Environment to request reconsideration of the Department’s position on early implementation of the AHP initiative.

The aim of these discussions would be to demonstrate the compelling case for Council’s proactive and innovative approach to meeting the North Coast Regional Plan ‘Direction 25: Deliver more opportunities for affordable housing’. It would also be to reiterate that the AHP initiative essentially offers a one-off opportunity to address the critical shortage of accessible housing in Byron Shire and that all AHP sites must satisfy the site suitability requirements of the draft Residential Strategy.

Financial Implications

If Council chooses to proceed with the Planning Proposal, it is able to fully recover the processing costs for a proponent-initiated LEP amendment. Council has already received an amount from the applicant to cover initial costs associated with preparing this Council report and an assessment report. If the Planning Proposal is to proceed through the Gateway determination process then full cost recovery of the remaining stages will be required by Council. If Council chooses not to proceed then the matter does not incur any additional costs.

Statutory and Policy Compliance Implications

The relevant policy considerations are addressed in this report.

With either option, as noted in the February 2018 report a rezoning review may be requested by a proponent if Council has not supported or made a decision within 90 days of receipt of a planning proposal. Whilst the proponent at this time confirmed in writing that they have no intention to trigger any “Pre Gateway Review” this option still remains available to the proponent.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.17

Report No. 13.17 PLANNING - Exceptions to Development Standards - 1 April 2018 to 30 June 2018

Directorate: Sustainable Environment and Economy

Report Author: Chris Larkin, Manager Sustainable Development

File No: I2018/1374

Theme: Ecology

Development and Approvals

Summary:

This report is provided as a requirement of the NSW Department of Planning Circular PS17-006, for reporting on exceptions to development standards for applications made under clause 4.6 of the Standard Instrument LEP and clause 6 of SEPP 1.

NOTE TO COUNCILLORS:

RECOMMENDATION:

That Council note the report on exceptions to development standards for the period 1 April to 30 June 2018.

Report

SEPP 1 applies to development applications submitted under Byron Local Environmental Plan 1988. Clause 4.6 applies to development applications submitted under Byron LEP 2014.

The period of reporting is for the 1 April 2018 to 30 June 2018 for the following DA’s:

DA No	10.2017.429.1
Development	Dual Occupancy (Detached)
Property:	31 Charlotte Street Bangalow
Lot and DP:	Lot 42 DP 1232435
Zoning:	Part R2 Low Density Residential/Part RU1 Primary Production/Part DM Deferred Matter – 1A General Rural Zone
Development Standard being varied	Clause 4.1E Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings The provisions establish a minimum lot size of 4000 m2 for dual occupancy in the RU1 Zone.
Justification	The subject property although residential in nature and primarily zoned R2, contains an area of RU1. A variation was sought to the 4000m2 provisions under Clause 4.1E to enable the dual occupancy to be approved. Due to the residential nature of this property, the size and scale of the two dwellings (two modest three bedroom residential cottages), its access to services and its location within a residential area of Bangalow a variation was supported in this instance.
Extend of variation	30%
Concurrence	Council
Determination Date	19 April 2018

DA No.	10.2017.460.1
Development	Utility Installation: Telecommunications Tower
Property:	54 Jones Road Wooyung
Lot and DP:	Lot 100 DP 1178907
Zoning:	Part RU1 Primary Production/Part DM Deferred Matter – 7(k) Habitat Zone
Development Standard being varied:	Clause 40 – Height of buildings 9m maximum height permitted
Justification	A variation was sought to Clause 9 of the LEP in relation to the proposed Telecommunications Tower with a height of 35m. The variation was supported due to the site selection process, and the need for these towers to be elevated to enable the effective provision of a mobile telecommunication service to the area of Wooyong, Yelgun and North Ocean Shores which is deficient in this regard. Visual impacts were considered and minimised with the closest dwelling some 240 metres away. A variation to the height limit was supported in this instance.
Extent of variation	425%
Concurrence	Council
Determined Date	24 May 2018

DA No.	10.2018.25
Development	Subdivision: Two (2) Lots into Three (3) Lots
Property:	31 Blackwood Crescent Bangalow
Lot and DP:	Lot 1 DP 1233509
Zoning:	Part R2 Low Density Residential/Part R3 Medium Density Residential/Part DM Deferred Matter – 1(a) (General Rural) Zone
Development Standard being varied:	Clause 11 - Subdivision in rural areas for agriculture 40 ha minimum
Justification	The proposal created two compliant residential allotments and one residual allotment with a mix of rural and residential land. The residual parcel contains all of the 1(a) Zoned Land and does not fragment this small rural holding. A variation to the 40ha minimum was supported in this instance.
Extent of variation	915%
Concurrence	Council
Determined Date	21 June 2018

Financial Implications

Not applicable.

Statutory and Policy Compliance Implications

The report is provided as a requirement of NSW Department of Planning circular PS 17-006. This circular can be viewed at http://www.planning.nsw.gov.au/~/media/Files/DPE/Circulars/planning-circular-variations-to-development-standards-2017-12-19.ashx

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.18

Report No. 13.18 Development of the new Tourism Management Plan

Directorate: Sustainable Environment and Economy

Report Author: Sarah Workman, Tourism Officer

File No: I2018/1395

Theme: Sustainable Environment and Economy

Economic Development

Summary:

Councillors requested that staff develop an engagement process that incorporates a ‘Citizens Jury’ or ‘Community Solutions Panel’ for the Tourism Management Plan (TMP) during the Strategic Planning Workshop on 7 June 2018.

The following report provides an outline of the proposed engagement strategy and asks Councillors to allocate funds.

RECOMMENDATION:

1. That Council endorse the revised engagement methodology to support the development of the 2019-2029 Byron Shire Tourism Management Plan.

2. That Council allocate $100,000 from the Election Reserve to fund the development of the 2019-2029 Tourism Management Plan.

Report

The Byron Shire Tourism Management Plan (TMP) is an integral roadmap that assists with managing the impacts of tourism. The current TMP is set to conclude in 2018 and it is now time to rethink how we manage tourism growth and impacts into the future when developing the 2019 – 2029 TMP.

It’s also important to note, the visitor economy has dramatically changed since the last TMP was prepared in 2007. Some of the key changes include:

· In 2017 Byron Shire received 2.1m visitors (compared with in 1,131,569 in 2007)

· Between 2014 and 2017, total visitation to Byron Shire grew by 60%, compared to 8% for NSW

· Day visitors have doubled in the last decade, and domestic overnight visitors grew by 58%

· Domestic visitor nights are up 49% from 2007, international nights are up 34%

· Byron Bay is the 4^th most visited destination in NSW and the 10^th most visited in Australia amongst international visitors

· The Tourism industry has an output/sales of $716m recorded in 2017, this has resulted in:

o 759 resident jobs

o 6,259 local jobs

· Private rental accommodation is more commonly used by visitors in Byron than elsewhere in NSW. In the three years to 2017, 17% of domestic overnight visitors used rental properties, double most benchmarks

· Byron has more Airbnb listings than all but three Greater Sydney LGAs,

· Properties used for holiday renting attract higher prices due to their revenue stream. In 2017, the medium dwelling price in Byron was $865,000. This was $225,000 more than the NSW average

A comprehensive TMP is critical to ensure Council can assist with managing the following growth factors, which will impact Byron Shire over the next 10 years:

· Bed nights are expected to grow from 4.6m to 6.2m

· Every airport is set to double capacity

· Forecasted South East Queensland population growth will see an increase in day visitors

Members of the Community Solutions Panel and the wider community (through the Community Strategic Plan) also expressed their concern with managing the growth and impacts of tourism. In addition, the Northern Rivers Joint Organisation lists managing the growth and impacts of tourism as a key strategic priority.

Background

At the Council meeting on 1 February 2018, staff put forward a report informing Council of the actions completed to date from the 2008-2018 Tourism Management Plan (TMP) and provided an overview of the scope and implementation schedule for the new TMP. Council resolved (18-044):

1. That the report be noted.

2. A Strategic Planning Workshop (SPW) be held for Councillors to identify key issues and objectives of a new Tourism Management Plan.

3. That integrated transport development as defined by Resolution 08-776 be a key consideration for discussion and inclusion in a new Tourism Management Plan.

Staff then held a Strategic Planning Workshop with Councillors on 7 June 2018 to talk through the TMP consultation to date and to obtain feedback. Councillors asked staff to incorporate a more comprehensive engagement process that incorporates the form of a ‘Citizens Jury’ or a ‘Community Solutions Panel’.

“The Byron Model” of deliberative democracy

The recently adopted “Our Byron, Our Future” Community Strategic Plan has a clear objective to “have community-led decision making which is open and inclusive”. Based on this and the learnings from the Community Solutions Panel, Council resolved on 2 August 2018 to endorse the development of “The Byron Model” of deliberative democracy.

This provides the opportunity to create a new democratic ethos that can draw together Councillors, Council staff, stakeholders and activists (including existing committees, bodies and groups organised by Community and the Council), randomly-selected citizen participants and the wider population.

Guiding principles include:

· Representativeness

· Time

· Information

· Having a clear remit

· Upfront authority

· Partnership

· Communication and transparency

· Fit-for-purpose approaches.

The following provides an outline of the new engagement methodology for the 2019 – 2029 Tourism Management Plan. Note: the engagement strategy is aligned with the newDemocracy methodology for community engagement.

Introduction	· Apply the newDemocracy’s principles in a 3-step process that combines surveyed public concerns with considered public judgement. · Tourism in Byron Shire is increasing dramatically, and the community must arrive at a trusted decision on how to resolve this issue, together. · The community must assess the difficult trade-off that reveals the right level of balance between an individual’s freedom to trade and the collective amenity
What topic/s?	Tourism is important to Byron, but places increased pressures on the area. *How can we find a fair balance between private benefit and community values?*
What is the final product?	· A report that will include sections for each stage of the process: o summary of wide community survey on values they care most about. o summary of kitchen-table conversations. o report from in-person deliberations written entirely by citizens. o Report in full is made public. · Facilitator would apply a common ground threshold of 80% of the room agreeing to a statement. · Council would produce formal response to all recommendations. · Ongoing media role following a subset of citizens.
When will it happen and how long will it take?	· To be confirmed once the consultant is engaged, however it is expected that the final TMP will be finalised in the third quarter of 2019 due to the changes in the engagement process.
How will it work?	· Run as three distinct stages that funnel information into one another. · Public engagement process – aimed at gathering public values. Goal is not to gauge community verdict on the solution but a sense of what is important to them in the taking of a considered decision. Look for inputs into a trade-off decision not a venting exercise, i.e. What amenity is most important to you from the following? What most concerns you regarding tourism in Byron? What benefit from tourism is of greatest value? · Public information campaign centred around a kitchen-conversation kit that presents the issue from Council’s perspective as well as from key stakeholders. Guide: 12-15-page document, 1-half Council perspective and sharing of the problem, 1-half stakeholder perspectives (1 page each). Kits include links to more in-depth questioning exercise that informs next stage by asking 3-4 core questions. Kit is widely distributed to reach beyond usual voices. Is available physically and digitally. · Four in-person meetings with randomly selected participants from the community that work to combine community values, kitchen-table kit feedback and consider trade-offs to come up with a solution. o Participants are presented with 4 solutions to the issue as presented by Council. These solutions are built from the earlier mass engagement and present different trade-offs when finding a solution. o Participants ultimately make decisions around the solutions they’ve been presented with, i.e. We recommend option A, with x attached qualifier. o If/when they want to make adjustments to the options given to them by Council, they provide a rationale and evidence point(s) for their decision. o Independent facilitators operate the room for the in-person meeting. o Based on small group discussion with tables repeatedly mixed to avoid factionalising and encourage the mixing of views. o Participants will engage in a critical thinking exercise – equipping them with the skills to interrogate information, assess the validity of the mass engagement results and any possible skew inherent to wide scale self-selection.
Who will participate and how will they be selected?	· Mass engagement in stage 1 – wide reaching survey-style engagement that reaches a diversity of community. · Broad engagement in stage 2 – kitchen-table conversation kits are distributed physically and digitally as widely as possible – again – aim is to reach a diverse cross-section of the community. · Randomly selected group of 18-24 members of the community – stratified to demographics of ages, gender, location and education.
What will council be asked to do?	· Prepare materials and liaise with stakeholders for their contribution to resources. · Publicise heavily to broaden participation in the mass engagement exercises. · Seed kitchen-conversation kits beyond regular community group voices – ie. Sport clubs, Local markets, beach and inland communities. · Commit to provide a formal response to recommendations within 60 days.
What would participants be asked to do?	· Attend 4 days of deliberation spread over four weekends (per diem paid at $100 per day). · Review and read background information. · A subset to appear in the media alongside Council members.
What information will be provided to participants?	· Diversity of information is a core principle. Critical thinking exercises are provided to assist citizens. · Stakeholders to be given equal opportunity to present written materials in information kit. · Briefing book (produced by Council and stakeholders) will contain a baseline of information. · Participants will have access to information resulting from wider engagement processes.
How much will it cost?	Total budget = $120,000 Expenses $60,000 independent panel recruitment, independent panel coordinator, engagement program, development of kitchen table booklet, engagement report. $20,000 Research and Analysis $15,000 Collateral design and advertising / communications $5,000 Venue hire and catering $10,000 Participant per diems $10,000 Contingency
Delivery	All consultation and the summary reports will be completed by May 2019. Please refer to the draft timeline below.

Draft Timeline

Task	Date
Commence the procurement process to engage consultant	August 2018
Develop the kitchen table booklet	August / September 2018
Public engagement process	September 2018 - ongoing
Kitchen table conversations commence	October – December 2018
Members of the solutions panel selected	November / December 2018
‘Visitor Economy Solutions Panel’ commence	January to March 2019
Results analysed and engagement report prepared	April / May 2019
Engagement report delivered to Council	May 2019
Draft Tourism Management Plan prepared by Council staff	June / July 2019
Draft TMP submitted to Council for consideration	August 2019
Public Exhibition commences	September 2019
Final TMP adopted by Council	October 2019

Financial Implications

Funds are proposed to be carried forward to the 2018/2019 financial year that remain unexpended from the budget available to deliver the Tourism Management Plan in the amount of $20,000. This will be covered by a separate report to this Ordinary Council Meeting concerning ‘Carryovers’ from the 2017/2018 financial year.

The required budget necessary to complete the Tourism Management Plan as proposed in this report is estimated to cost $120,000. Should Council proceed with the recommendations of this report it will need to allocate a further $100,000 assuming Council also approves the $20,000 carryover amount from the 2017/2018 financial year.

In relation to the additional $100,000 required, a funding option available to Council for consideration is the Council Election Reserve. Council over the last two financial years, 2016/2017 and 2017/2018 has set aside $60,000 each financial year in reserve to provide funding for the next Council election in 2020. At 30 June 2018, the Election Reserve will have a balance of $120,000. Council could utilise $100,000 from the Election Reserve to part fund the development of the Tourism Management Plan. Should Council utilise this funding from the Election Reserve, it will as a result need to by the 2020/2021 financial year replace the $100,000 to fund the election over the remaining financial years to the Council election or in the 2020/2021 financial year allocate sufficient funding amongst other priorities for the Council Election.

Statutory and Policy Compliance Implications

Councils Procurement Policy

1993 Local Government Act

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.19

Report No. 13.19 Submissions Report on the Draft Integrated Pest Management Policy

Directorate: Sustainable Environment and Economy

Report Author: Clare Manning, Biodiversity Officer

File No: I2018/1430

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

Council considered this report at the ordinary meeting 2 August 2018, and resolved as follows:

18-474 Resolved that Council defer item 13.21 until the next Ordinary Meeting of Council.

The report is submitted again to Council for consideration as per the resolution.

This report presents the public exhibition outcomes of the draft Integrated Pest Management Policy (Policy) (Attachment 1 E2018/58361). Specifically, it is proposed to adopt the Policy with changes to better reflect an integrated pest management approach.

The Policy is consistent with Council Resolution (13-621) and with the Operational Plan 2018-19.

The Policy will facilitate the development of an Integrated Pest Management Strategy.

At its most basic, the Policy provides a principle of action, that if adopted by Council, state what is to be done by Council in adopting an integrated pest management.

RECOMMENDATION:

That Council:

1. Note the report on the draft Integrated Pest Management Policy.

2. Adopt the Integrated Pest Management Policy at Attachment 1 (#E2018/58361) that includes changes following public exhibition as outlined in Table 1 of this report.

3. Note an allocation of $50,000 in the 2018-2019 budget to develop an Integrated Pest Management Strategy is provided from the Infrastructure Services Carryover Reserve.

Attachments:

1 Draft Integrated Pest Management Policy recommended for adoption (Report to OC I2018/1333), E2018/58361 ⇨

2 Confidential - Combined Submissions Integrated Pest Management Policy - for confidential attachment to 23 August Council report - version with embedded emailed attachments extracted and included, E2018/65678

Report

Information/Background

Council resolved (Resolution 13-621) to develop an Integrated Pest Management Policy and Strategy for Council owned and managed lands.

At the 24 April 2018 Council meeting, Council considered a Report on the progression of Resolution 13-621 and the draft Policy and resolved (Resolution 18-215) to

1. Place the draft Integrated Pest Management Policy on public exhibition for a period of six weeks and that the exhibition of the Policy be accompanied by the Directions Document.

2. Consider an allocation of $50,000 in 2018-19 budgets to complete the development of the Integrated Pest Management Strategy.

Consultation

The draft Policy was exhibited for a period of 6-weeks from 26 April to7 June 2018.

Over the exhibition period, 32 submissions were received including from other Local Government Areas (Attachment 2 E2018/65678)

Submissions

Lismore City Council

Lismore City Council provided general feedback and recommendations on the draft Policy. There was overall support for the Policy goals and objectives, they recommended to care when developing a definition of ‘high use public areas’ to inform the Pesticide Exclusion Zone mapping. Lismore City Council also recommended that in developing an Integrated Pest Management Strategy, a full cost analysis is presented with further consideration given to the environmental costs associated with increased carbon emissions when using steam as a management tool.

Public Submissions

Over the exhibition period, Council recorded 410 total visits in response to the draft Policy via Council’s website. The majority of visitor traffic to the Council website was direct via Facebook (67%). A total of 2,726 individuals were reached via Facebook in which 90 Facebook postings of mixed response to the Policy were captured. Postings ranged from advocating a pesticide free approach to supporting a fully integrated pest management approach. Two Facebook events (adverts) were also created, in which a total of 1,172 individual were reached.

Additionally, whilst 27 individuals registered to attend a community workshop during the public exhibition phase, 36 individuals attended and participated in the community workshop. In total the draft Policy was downloaded 134 times while the supporting Directions Document was downloaded 25 times.

This means approximately 18% of the Policy downloads were downloaded by the accompanying Directions Document, which had informed and underpinned the draft Policy. Some of the submissions reflected that only the Policy had been reviewed.

Key matters raised by the submissions have been considered and a summary of the matters and Council staff response are summarised below (Table 1). Where applicable, Council staff have applied the below changes to the draft Policy.

Table 1. Summary of all submissions and Council staff response.

No.	Issues Raised	Staff Recommendation	Staff Comment
	General
	Undertake public consultation	Media release, website updates, adverts, newsletters, emails, factsheets social media, and a World Café were methods used to engage, consult, involve and collaborate with community. Staff acknowledges that the World Café style may have been a new experience for many participates. In developing the IPM Strategy, a Community Engagement Plan will be developed prior to seeking approval via Council’s Communication Panel.	Noted, no change to draft Policy
	The Directions Document is not an IPM Strategy	Broadly, a strategy is a plan of action designed to achieve a long-term aim. The purpose of the Directions Document was to summarise Council’s progresses, challenges over the last 5-years in implementing Res 13-621 and offer recommendations in order to facilitate the development of the Policy, which in turn will facilitate the development of an IPM Strategy.	Noted, no change to draft Policy
	Policy Title
	Re-name the policy to Pesticide Use Policy	Greater detail on the Integrated Pest Management approach is outlined under Section 1, placing the Policy into improved context. Maintain the title of Integrated Pest Management Policy.	Noted, no change to draft Policy
	Section 1 introduction
	State the justification and reasoning for Council to have the Policy	Globally, there has been an increased concern about pesticide use, but particularly highly hazardous pesticides, and its impacts upon human health and the environment. Local community concern lead, in part, to Council resolution (13-621) and the request to develop an Integrated Pest Management Policy and Strategy. A Policy will establish boundaries for an IMP Strategy to careful consider all available pest control techniques and subsequent integration of appropriate measures that discourage the development of pest populations and keep pesticides and other interventions to levels that are economically justified and reduce or minimize risks to human health and the environment. The draft Policy offers clear communication to staff and community as to its position with respect to pest management.	Accept recommendation by stating the justification and reasoning for Council to have the Policy under Section 1
	Provide a cost analysis to justify Council’s position and demonstrate financial responsibility	At its most basic, a policy is a course or principle of action, adopted or proposed by a government, party, business or individual. Features common to policy are it states matters of principle; it is focused on action, stating what is to be done and by whom (e.g. Council); it is an authoritative statement, made by a person or body (e.g. Council) with power to do so. Above all, policy is a tool which makes administration easier, and allows people to get on with the organisation’s core business more efficiently and effectively. A complete cost analysis is not appropriate within the policy. Further due to Commercial in Confidence whereby information that, if disclosed, may result in damage to a party's commercial interests, intellectual property or trade secrets, Council must not disclose any information marked 'Commercial in Confidence' without permission from the party who supplied it. Council currently contract some pest control activities. A full and transparent cost analysis needs to be cautiously re-examined and permission sought from Council contractors to help present a cost analysis of various pest control techniques. This will be investigated during the development of an IPM Strategy.	Noted, no change to draft Policy
	Define Integrated Pest Management Principals	Defining Integrated Pest Management and its principals has been strengthen and include how Integrated Pest Management can contribute importantly to pesticide risk reduction.	Accept recommendation by defining Integrated Pest Management Principals under Section 1
	Summaries the principals underpinning the Policy	Risk reduction through distinguishing between hazard and risk has been outlined. Together, defining continuous improvement has been improved	Accept recommendation by the principals underpinning the Policy under Section 1
	Section 2 Goal
	Policy goal should seek outcomes for the integrated management of pest on Council land, and apply to all pesticide use not just glyphosate	The goal has been reviewed to take greater account of an integrated pest management approach, and will aim to “provide a policy framework for the effective and efficient control of pests on Council-managed land through an integrated pest management approach that uses a range of appropriate prevention and control methods while minimising the use of pesticides on a continuous improvement basis”	Accept recommendation by reviewing goal to seek an integrated pest management approach under Section 2
	Section 3 Objectives
	Objective should reflect the integrated management of pests on Council land	Reframe Objective 1 to provide guidance for the development of an Integrated Pest Management Strategy (IPM Strategy) that will optimise efficient and effective resolution of pest problems while minimising adverse impacts upon human heath and the environment	Accept recommendation under Section 3
	Objective should strengthen its message about improving council employee and contractors improving their skill and knowledge of all pest control methods available	Reframe Objective 3 to provide impetus for Council to build, improve and maintain employee and contractor knowledge and skills for selecting the least hazardous methodologies, including non-pesticide methods, for attaining the desired pest management outcome on Council-managed land.	Accept recommendation under Section 3
	Include an objective that state water quality will be monitored monthly by regularly testing all of beaches, rivers, creeks, lakes and water conduits for pesticides.	An objective describes how a goal will be sought. An activity/task is an action taken to deliver on the objective, normally describe in a strategy or action plan. Several recommendations and suggestions were submitted for inclusion in the IPM Strategy and all will be carefully considered by staff in the development of an IPM Strategy.	Noted, no change to draft Policy
	Section 4 Scope
	The Policy scope should improve the boundaries that define the extent of a Policy. Scope what is and not in scope.	The Policy applies to pest management on Council owned or managed land and seeks to support a transition from a reliance of pesticides wherever practicable. It does not provide details about when and where an authorised person undertakes pest management activities or uses a pesticide as these details will either be provided in Council’s Integrated Pest Management Strategy or will be determined on a case-by-case basis subject to the principles outlined in this Policy.	Accept recommendation under Section 4
	Section 5 Definition
	No comment	No comment	Noted, no change to draft Policy
	Section 6 Statement
	No comment	No comment	Noted, no change to draft Policy
	Section 7 Legislative and strategic context
	Place into Commonwealth and NSW government context	It is noted that many Commonwealth and NSW government agencies, as well as other organisations including local government agencies, manage pesticides.	Accept recommendation under Section 7
	Provide further information on the Australian Pesticides and Veterinary Medicines Authority (APVMA)	Under 7.1 Reference to the Australian Pesticides and Veterinary Medicines Authority (APVMA) and its role is provided.	Accept recommendation under Section 7
	Correct and provide further information on the NSW Pesticides Act 1999 and NSW Pesticide Regulation 2017. Include Council’s Pesticide Use Notification Plan	Under 7.2 The role of the NSW Pesticides Act 1999 and NSW Pesticide Regulation 2017, and Council’s Pesticide Use Notification Plan included.	Accept recommendation under Section 7
	Under Section 8 Sustainability
	In section 8.1 Social include requirements under the NSW Pesticides Act & Regulations as well as public and health and safety obligations.	The NSW Pesticides Act & Regulations as well as public and health and safety obligations are covered under Section 7 Legislative and Strategic Context	Noted, no change to draft Policy
	In section 8.1 Social discussion needed around state of science with respect to conflicting pesticide impacts and those challenges to Council	A fact is a statement that can be proven true or false. An opinion is an expression of a person's feelings that cannot be proven. It is important Council remains up to date on latest research findings and views of individuals, noting author's purpose and choice of language to guide decision-making but may not necessarily apply to a Policy position.	Noted, no change to draft Policy
	Under section 8.1 state how council intends to be leaders in the transition away from the use and reliance of pesticides.	The Policy supports the adoption of an integrated pest management approach that seeks to carefully consider all available pest control techniques and subsequent integration of appropriate measures that discourage the development of pest populations and keep pesticides and other interventions to levels that are economically justified and reduce or minimize risks to human health and the environment on a continuous improvement basis.	Accept recommendation under Section 8
	Under 8.1 include details of Council’s Chemical Sensitive Residents and Organic Growers	Under 8.1.1 details of Council’s Chemical Sensitive Residents and Organic Growers are outlined.	Accept recommendation under Section 8

Public Consultation – World Café

It is helpful to note that among the public submissions there was mixed views on the World Café process that Council staff undertook in line with Council’s Community Engagement Policy.

The broader reasons for using the World Café process, beyond seeing it as solely to brainstorm and capture ideas was to enabled people from different parts of a community to meet and get to know each other and deepen their understanding of other concerns and issues, to establish relationships and build trust, and provide opportunity for Council to present its challenges in ceasing or minimising its use of pesticides that might not have otherwise been considered by community.

Additional comments and feedback

In addition to feedback on the draft Policy, Council also received constructive feedback which will be considered in developing the IPM Strategy. Examples include:

· Improve public consultation and seek more involvement to help inform and advise Council on alternative non-pesticide methods and how to apply using Council resources

· Outline how IPM applies to pest management in urban and rural areas

· Present cost analysis of Council’s pest control techniques

· Promote the role and importance of bush regeneration best practice and how it supports the principals of pesticide minimisation

· Identify the pest problem

· Include a vision and mission statements and include quantitative objectives, targets, measures and timetables to reduce risks and impacts of pesticides

· Outline all available pest control techniques and evaluate their effectiveness

· Consider selected pest control techniques e.g. steam weeding with development of the Zero Emissions Strategy

· Seek strategies to improve, build and maintain respectful views within the community; minimise highly toxic pesticides; increase transparency around Council’s storage, use and application of pesticides to public.

· Define thresholds and action levels for all management actions

Communicate

Legal Services, Governance and Council staff from across the organisation have been consulted.

Financial Implications

Following the finalisation of the 2018-2019 budget, part 2 of resolution 18-215 required that Council consider an allocation of $50,000 in the 2018-2019 budget for the development of the Integrated Pest Management Strategy but this was overlooked.

It is expected that out of the outcome of the 2017-2018 financial year results, there may be the ability to transfer $50,000 to the Infrastructure Services Carryover Reserve that Council can then call upon in the 2018-2019 financial year to fund the IPM Strategy should Council wish to proceed with its development. If this funding scenario cannot be achieved by the time the 2017-2018 financial year results are finalised then an alternate funding scenario will be presented back to Council as part of the 30 September 2018 Quarter Budget Review.

Statutory and Policy Compliance Implications

The Policy is consistent with Council Resolution (13-621) and with the Operational Plan 2018-19. The Policy will facilitate the development of an Integrated Pest Management Strategy

All planning documents:

· Byron Shire’s Community Engagement Policy

· Byron Shire’s Community Strategic Plan 2022

· NSW Biosecurity Act

· Local Land Services Act

The Acts (above) guide how pest (weeds & pest animals) are managed across NSW. The Acts establish a responsibility for all landholders to manage pests on their land.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.20

Staff Reports - Infrastructure Services

Report No. 13.20 Grays Lane Upgrade - Project Status and Community Consultation Outcomes

Directorate: Infrastructure Services

Report Author: Daniel Strzina, Project Engineer

File No: I2018/1030

Theme: Community Infrastructure

Local Roads and Drainage

Summary:

To advise on the project status and the outcomes of community consultation undertaken with respect to the upgrade of an 890m unsealed, flood-prone section of Grays Lane, Tyagarah.

RECOMMENDATION:

1. That the project status and community consultation outcomes of the Grays Lane Upgrade project be noted.

2. That any upgrading of Grays Lane be as per design option 3 including traffic calming devices to slow traffic to enhance pedestrian and wildlife safety.

3. That the timing of any upgrading works for Grays Lane be considered during the infrastructure planning process undertaken for the 2019/20 Budget process and the 2019/20 to 2028/29 - Ten (10) Year Capital Works Program.

Attachments:

1 PDF of E2017 32558 24.2015.20.1 Grays Lane Upgrade - 2017 Presentation on options, E2018/11004 ⇨

2 Grays Lane Upgrade Options Overview Table For Council Report 23 August 2018, E2018/66532 ⇨

3 Confidential - 24.2015.20.1 - Grays Lane Consultation and Engagement Register - Responses to letter 23 May 2018 E2018 43985, E2018/64444

4 Confidential - 24.2015.20.1 Grays Lane Upgrade Correspondence June - July 2018, E2018/66650

Report

At its meeting on 22 May 2014, Council considered a report and resolved as follows:

14-240 Resolved:

1. That Council maintain dialogue with the Grays Lane community in developing plans for an upgrade of the 800m unsealed gravel pavement at the north western end of Grays Lane by way of holding another meeting when staff have progressed with some planning for a future upgrade .

2. That initial planning and design for the upgrade of Grays Lane be undertaken by Council staff in the first instance and as resources permit.

3. That as progress of the initial planning and design for the upgrade reaches the point of needing to engage consultants to undertake ecological assessments and floodway analysis and design, and in consensus with the community of Grays Lane, a further report be presented to Council advising of the progress and recommending a funding source to engage consultants.

4. That traffic counts be carried out around the Grays Lane precinct with the view to assessing the traffic volumes of local traffic verses tourist traffic.

5. That Council write to the Local Government Minister, the Minister for Roads and the Minister for the Environment seeking a contribution towards the upgrade of Grays Lane due to the traffic generated by the Tyagarah Nature Reserve and Beach.

Since this resolution, the following has been completed as part of preliminary planning and design:-

· Grays Lane Upgrade Geotechnical Investigation and Pavement Upgrade Options (Coffey)

· Grays Lane Upgrade Flood Impact Assessment (BMT WBM)

· Grays Lane Upgrade Preliminary Road Works Plan (Staff)

· Grays Lane Upgrade Review of Environmental Factors (Geolink)

· Grays Lane Upgrade Option – Works Project Estimate (Staff)

In accordance with point 4 of Res 14-240, traffic counts were undertaken and analysed. The average number of traffic movements on Grays Lane in 2012/13 was 467 movements per day, approximately 270 (58%) of which were to access Tyagarah Nature Reserve according to the 2013 NPWS State of the Parks Report. In February 2015 Council Staff recorded a daily average of 596 traffic movements on Grays Lane, 280 (47%) of which were recorded as accessing Tyagarah Nature Reserve. It is quite clear that roughly half of all traffic using Grays Lane do so to access the beach and/or Tyagarah Nature Reserve. Further traffic counts are scheduled for September 2018.

Compliant with point five of the Res 14-240, letters were sent to the Minister for Local Government, the Minister for the Environment and the Minister for Roads, Maritime and Freight seeking contribution towards the upgrade of Grays Lane. Responses were received with recommendations to apply for various state and federal funding programs, however no contributions were offered.

On 7 September 2017 a presentation was delivered to Council’s Strategic Planning Workshop. The presentation has been attached to this report for reference (Attachment 1 - E2018/11004); however, it should be noted that the information in the SPW presentation is no longer current and is superseded by the information provided in this report.

Outcomes from the Strategic Planning Workshop

The presentation to Council’s Strategic Planning Workshop resulted in actions that have been completed with outcomes as follows:

1. Investigate the legality of narrowing the road to save cost and protect the Koala population. This would include a lower speed limit.

The current proposal is for a total sealed road width of 7.0m, which consists of two (2) 3.0m sealed lanes, two (2) 0.5m sealed shoulders and two (2) 1.0m unsealed shoulders. This meets the Northern Rivers Local Government Development Design and Construction Manual (2013) standard minimum width for a rural road with AADT of 500-1000 vehicles per day.

The most recent traffic counts were undertaken over 12 days in August 2016. They indicate that there are 563 average daily traffic movements on Grays Lane, a figure which is only likely to grow with development and an increase in population of the wider area. For this reason, narrowing the road design to a lower standard is not recommended.

According to The Northern Rivers Local Government Development Design and Construction Manual (2013), the minimum acceptable sealed carriageway width for a rural road with AADT of 150-500 vehicles per day is 6.0m, which consists of two (2) 3.0m sealed lanes and two (2) 1.0m unsealed shoulders. If further traffic counts were to be conducted that demonstrated a significantly lower average number of vehicle movements per day than those previously recorded, then an argument could be made to reduce the overall road width to this standard. Potential savings would be in the order of 10-15%; however, this is not a recommended strategy due to the known numbers of users during peak times of year.

According to Austroads 2016, the minimum acceptable road width for a rural single carriageway road with AADT of 150-500 vehicles per day is 7.2m. This consists of two (2) 3.1m lanes and 0.5m sealed shoulders, with the requirement for a further 1.0m of unsealed shoulder present on either side of the road. The current proposal is narrower than this standard.

With respect to protecting the Koala population and local wildlife, traffic calming and awareness devices will be included in the detailed design for the road and have been allowed for in the estimates. While the speed limit on the road is outside of Council jurisdiction, devices such as speed humps and ‘Koala Zones’ will be implemented to reduce vehicle speeds.

2. Further review construction estimates, including the above option.

Construction estimates for the upgrade options have been updated in the table below. It should be noted that narrowing the road to the 150-500 AADT standard as mentioned above would result in cost savings in the order of 10-15%, however this strategy is not recommended due to the current and future demand on the road.

Updated Cost Estimates of Grays Lane Upgrade Options (this table has also been provided as an attachment 2 - E2018/66532). Please note that these figures are indicative and based on assumptions due to the preliminary nature of the design.

3. Write to NPWS requesting they contribute funds towards upgrading Grays Lane because the nation park users generate significant amount of traffic on Grays Lane. Letters is to detail the options Councils in considering, the likely costs and funds Council has available.

The Hon. Gabrielle Upton MP, who is currently both the Minister for Local Government and the Minister for the Environment initially replied only on behalf of the Office of Local Government; not as the Minister for the Environment. An additional letter was written to her as the Minister for the Environment seeking contribution to the upgrade of Grays Lane on the premise that roughly half of the traffic movements on the road are for access to the NPWS Tyagarah Nature Reserve. A response was received indicating that NPWS funds cannot be used on Byron Shire Council land, and that no contributions would be offered.

4. Write to residents to provide an update on works to date and advise on the options being investigated. Letter should include a link to a survey asking, how much property owners would be willing to contribute in order to bring the project forward, their design standard desires, including flood immunity preferences.

A total of 42 properties were identified that use Grays Lane for access. On 23 May 2018, letters were (E2018/43985) was sent to the registered owner of each property that explained the current status of the Grays Lane upgrade project and requested feedback from them on the following points:

1. Whether they would be willing to contribute funds in order to bring the upgrade project forward in the 10 year capital works plan,

2. How much they would be willing to contribute in order to bring the project forward, and

3. Their desired design standard in terms of road surface and flood immunity preferences.

A total of 18 responses were received, representing a total of 21 properties. These responses are summarised in the attached confidential table (Attachment 3 - E2018/64444), with responses included as confidential attachments to this report (Attachment 4 - E2018/66650).

Of the 21 properties represented, 8 were willing to contribute and 13 were not willing to contribute.

Of the 8 properties that were willing to contribute:-

· 2 nominated a contribution of $2,000,

· 4 nominated a contribution of $1,080,

· 2 did not specify a contribution on the grounds that more information is needed.

· Total resident contributions proposed at this time amounts to $8,320.

Of the 21 properties represented, 17 specified the desired design as Option 3 (Raise to 3.1m and asphalt seal) and 2 did not specify a design but indicated their preference for the safest possible option for pedestrians and wildlife.

In addition to the feedback sought, comments and suggestions were received that are summarised as follows:

· 10 properties indicated their desire for NPWS or park visitors to contribute to the upgrade works.

· 9 properties highlighted that additional drainage under Grays lane should be included in scope to reduce flood impacts.

· 7 properties highlighted the need for traffic calming for pedestrian and wildlife safety.

· 5 properties indicated their preference for Council to obtain a loan to undertake Grays Lane upgrade works, and use the maintenance budget from future years to repay the loan.

· 2 properties highlighted the need for narrow road design to reduce vehicle speeds.

5. Report back to Council once the above has been investigated and a preferred way forward can be recommended.

It is quite clear from the community engagement that the majority of property owners are not willing to contribute towards the upgrade of Grays Lane. All, however, are eager for some form of upgrade, with the vast majority of respondents being in favour of design option 3 for the benefits of an asphalt seal and 5 year flood immunity.

It is also clear that a significant portion of the residents are concerned for the safety of pedestrians and local wildlife, as well as for the need for additional drainage under Grays lane to be included in scope to reduce the impacts of future floods.

The recommended path forward is to proceed with design option 3, including traffic calming devices to slow traffic to enhance pedestrian and wildlife safety. This upgrade is expected to cost between $770,000 and $850,000, and is currently in the 10 Year Capital Budget Plan for 2022/23 with funding as follows:

· Roads to Recovery Grant: $500,000

· Section 94: $311,000

· SRV Allocation: $54,200 (needs to be reviewed as SRV should not be used for the creation of new assets)

· Special Rate: $84,800

Bringing the project forward would reduce road maintenance works; however, none of the above funding is currently available.

The recommended path forward is to proceed with design option 3 (including traffic calming devices to slow traffic to enhance pedestrian and wildlife safety), and consider the timing for any upgrade works as part of the 2019/20 Budget process when the 2019/20 to 2028/29 ten (10) year Capital Works Program is reviewed.

Financial Implications

No negative financial implications exist in the recommendations of this report.

Statutory and Policy Compliance Implications

No negative statutory and policy compliance implications exist in the recommendations of this report.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.21

Report No. 13.21 Waterlily Park Planned Upgrades

Directorate: Infrastructure Services

Report Author: Malcolm Robertson, Team Leader Open Space

Michael Matthews, Manager Open Space and Resource Recovery

File No: I2018/1177

Theme: Infrastructure Services

Open Space and Recreation

Summary:

Council staff are working with the Ocean Shores Community to construct additional play elements, pathways and car park upgrades within Waterlily Park. The Waterlily Community Playscape committee are a key stakeholder group in this process and Council officers will continue to consult with the committee through this process.

The Waterlily Playscape group have created various concept plans for Waterlily Park. These plans have generated significant resistance from parkland neighbours and concerns from NSW Police.

NSW “Everyone Can Play” guidelines for developing inclusive and accessible play spaces recommend that play elements be co-located with toilets, seating, shade and water bubblers.

RECOMMENDATION:

That:

a) Staff progress with RFQ for supply and installation of the new playground elements, to be collocated as much as possible with the existing playscape installation within the detail design professionals;

b) Staff invite the Waterlily Playscape Community to nominate a representative to assist in assessment of suppliers within Council’s procurement process; and

c) Staff undertake replacement of the outdoor exercise equipment in an alternate location should the playscape detail design dictate this requirement.

Attachments:

1 Waterlily Playscape Community Survey Results Summary March 20187, E2018/62188 ⇨

2 WATERLILY PARK SURVEY RESULTS COMPILED, E2018/64473 ⇨

3 Confidential - Community Feedback to proposed Waterlily Park Upgrades, E2018/64697

Background

Waterlily Park is Community Land owned and managed by Byron Shire Council.

In 2015 members of the community recognised the need to improve the space for public use and formed a community group to achieve this. The Group’s stated aim was to design a playspace based on the ideas of our local kids and the wider community, and then to use local volunteers to build the playscape during one week, guided by professionals.

A resolution was passed on 16 July 2015 that Council:

Res 15-322 - That Council:

1. Supports the endeavours of Waterlily Community Playspace to establish a play area in Waterlily Park, Ocean Shores.

2. Develops a formal relationship with Waterlily Community Playspace, as they are an independent community group formed to work on and improve a Council asset.

In the 2016/2017 budget, an allocation of $100,000 was made for the Waterlily Park Playscape.

The initial playscape project was funded by Council through the Roundhouse sale.

Playscape “Stage 1”

In June 2016, the Committee engaged consultants to undertake community consultation with local schools to inform the design and to complete concept plans for the playscape area.

Around 50 local school children participated and the ideas submitted were used to create concept plans for the playscape.

Council worked with the committee, and facilitated the design and construction of a new playground in the style preferred by the committee members. The resulting playground was installed in February 2017.

Stronger Country Communities Grant

Council successfully applied for $418,000 from the NSW State Government’s Stronger Country Communities fund to allow for improvements to accessibility through car park upgrades, pathway linkages, and to add more playground equipment and shade.

Community Consultation

A key requirement for Council within the grant funding deed was community consultation around the proposed upgrades. The upgrades have been championed by the Waterlily Playscape group who have produced and promoted a range of concepts for the future development of Waterlily Park.

Council prepared an online survey which was promoted through social media and through the hand delivery of 1,600 flyers to all residences in Ocean Shores. The Waterlily Playscape group decided to also undertake a separate community survey concurrently. The results of this are in Attachment 1. 225 people completed the Waterlily Playscape survey. Results showed 92% of respondents desired more facilities within Waterlily Park, and there was strong support for all proposed new additions.

The Waterlily Playscape group also offered to assist Council by distributing and collecting hard copies of Council’s surveys. Council received a complaint from a resident that people were being pressured to complete these hard copies in a certain manner, so the results of those hand collected surveys are differentiated within the overall results for transparency.

The main item of contention is the physical location of the new “treehouse” play structure and flying fox. The concept and developed by the Waterlily Playscape group had been developed with a focus on activating the park and encouraging people to utilise less well used parts of the park. Immediate neighbours to the park were concerned about potential negative impacts to their residences if these were installed in close proximity.

To get a feel for community preferences, people were asked to identify a preferred location for the various items. Community were asked to identify preferred locations for the grant funded Flying Fox and Tree-house style play structure. The Waterlily Playscape group have also proposed a number of new additions within their concept planning, such as a fishing platform, improvement to the Tennis clubhouse to include toilets and a kiosk, additional tennis and netball courts. It was determined that to survey across all of these elements would create confusion. Decision was taken however to take a poll as to the community acceptance of the Waterlily Playscape group proposed community garden.

Given that the original option for the playspace suggested relocation of the existing exercise equipment, the location and style of this was also explored.

Outdoor Exercise Equipment

The current exercise equipment is aging significantly and is approaching the end of its serviceable life. The softfall underlay has degraded, is crumbling and needs to be replaced to maintain required impact attenuation. The exercise equipment is showing significant wear and corrosion.

The life expectancy for this equipment was originally 15 years, but the proximity to water and the ocean has exacerbated corrosion. The equipment is still currently safe and usable, and visible corrosion can be treated to maintain aesthetics, but internal corrosion will continue to advance. Current remaining lifespan is anticipated to be no more than two to three years.

Council has allocated funds in this financial year for new outdoor exercise equipment in Ocean Shores. If decision was taken to locate the new tree house play centre in close proximity to the existing playground the allocated funds will allow for a new exercise equipment installation in corrosion resistant stainless steel to be constructed elsewhere in the reserve.

Survey Results

Only 49 surveys were completed, which was fewer than 4% of residences that received notices.

As can be seen from the survey results, there was preference for some locations, but no consensus within the results. The greatest preference for the tree house was “Location B”, however this also corresponded with the greatest amount of negative comments.

The flying fox saw preference for “Location A”, but there were concerns raised about impact upon adjoining residences. The exercise equipment also produced inconclusive results from the survey, with three locations having very similar preferences.

There was clear preference for planting of additional shade trees and seats around the playground and car park areas. The Waterlily Playscape group faced a funding deadline, and made the decision to install the seating around the lake at locations they deemed most appropriate.

The community garden proposed by the Waterlily Committee also gave a divided response, with opinions split between the east and west of the lake.

Parkland Neighbours

The Waterlily Playscape group have progressed concept plans for the park through several iterations and have promoted these online. Council has been contacted by neighbours to the park concerned about the impacts.

Communications from concerned neighbours are included in Attachment 3. Generally neighbours are supportive of planned upgrades, but wish to ensure the potential impacts upon private residences are minimised.

Specific concern was raised about the bark softfall required for the Tree House if installed at the location on the concept. This is a lower height above the lake than the existing playground and is more prone to flooding than some other areas. Mulch placed in this area previously was carried by floodwaters into houses across the lake. There are concerns bark softfall would also float away on every flood event.

NSW Police have expressed concern with installation of the “Tree House” element at the location shown in the concept plan. The inability to easily access that location, poor line of sight from the current vehicle access area and likelihood that this structure would attract antisocial activities after dark are seen as reasons to consider a location closer to the existing car park.

Everyone Can Play

NSW Planning & Environment have been working with key stakeholders including Byron Shire Council to develop new guidelines aimed at making play spaces more inclusive – “Everyone Can Play”. The guidelines are now under public exhibition prior to being finalised and have been referred to Byron Shire Council. The guidelines contain important considerations for the development of Waterlily Park.

Everyone Can Play is not a new standard, but rather a set of recommendations designed to encourage more inclusive playspaces, based on three key principles;

· I Can Get There

A considered location and layout, adequate signage and way finding and accessibility will ensure everyone can find their way to, in and around the playspace.

· I Can Play

The play experience as a whole, including the equipment and surfacing, should allow everyone to experience a variety of challenging play opportunities in a way that suits them.

· I Can Stay

Sufficient consideration of safety, amenities and the wider environment and landscape will ensure everyone can stay at the playspace for as long as they would like.

The Everyone Can Play guidelines have been developed by representatives from Council and playground designers and managers from across NSW. The document considers issues that make playspaces less inclusive. This document assists in providing better understanding to groups like the Waterlily Playspace Committee as to the reasoning behind design decisions, and hopefully will encourage more inclusive outcomes.

One of the core requirements of an inclusive playground is the ability for parents or carers to supervise young children. Concepts created by the Playscape Committee are focused on activating less used sections of the park by spreading playground elements over a wide area. If this this approach is followed there are negative impacts for both playground users and parkland neighbours.

Placing the new “tree-house” play element 100m away from the existing playground will create problems for some users. Supervising children over a large area can be problematic, and the proximity of the lake adds risk. Elderly or disabled carers may struggle to supervise children over a widely spread area. If an individual is trying to supervise multiple children this will be made difficult if the play equipment is spread widely. Children with disabilities may struggle to travel between the widespread elements, and therefore be unable to actively engage with their peers.

It is also recommended that when playspaces are developed there is a clear distinction between quiet areas and activity spaces to ensure carers can closely and comfortably supervise children. By spreading the playground equipment throughout the park there is no distinction between active play areas and passive areas. This can be problematic for carers with children who need a quiet space to settle down.

If the Everyone Can Play guidelines were followed with this development, the separation between the “Tree House” and the existing playground would not occur. Play elements would be grouped together in close proximity to toilets, a bubbler and seating for parents or carers.

Financial Implications

Council has allocated $495,600 towards this project in the current financial year.

$418,600 of this is from the NSW State Government’s Stronger Country Communities fund and $77,000 from s94.

Council has allocated $60,000 of s94 funds for outdoor exercise equipment in Ocean Shores.

Statutory and Policy Compliance Implications

Plan of Management for Water Lily Park Ocean Shores was adopted by Council 18 December 2008.

Under the PoM the following areas have been designated:-

· 3 ha designated as Park to allow for passive or active recreational, social, educational and cultural pursuits that do not unduly intrude on the peaceful enjoyment of the land by others.

· 1ha designated as sportsground proposed to be used primarily for active recreation involving organised sports or the playing of outdoor games.

· 1.2 ha categorised as natural area-wetland (the Lake)

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.22

Report No. 13.22 Suffolk Beachfront Holiday Park Dog Friendly Report

Directorate: Infrastructure Services

Report Author: Pattie Ruck, Open Space Facilities Coordinator

File No: I2018/1269

Theme: Infrastructure Services

Suffolk Park Holiday Park

Summary:

To provide a report on Dog Friendly Trial Results at Suffolk Beachfront Holiday Park and recommend Dog Friendly Status based on these results.

RECOMMENDATION:

That Council adopt Suffolk Beachfront Holiday Park as a Dog Friendly Park in accordance with the dog friendly site map, during off peak times.

Attachments:

1 Dog Friendly Park Rules, e2018/57756 ⇨

2 Feedback on Dog Friendly Trial at Suffolk Beachfront Holiday Park, e2018/59006 ⇨

Report

Dog Friendly Trial

The initial trial period commenced in late 2016 and was extended until the finalisation of this report.

Consultation prior, during, and post trial period has been undertaken with the Park Managers, permanent residents, and short term guests. Written feedback was received from Park Mangers, residents, and short term guests throughout the dog friendly period. The trial period excluded peak periods and busy times.

Dog Friendly Park Rules and Associated Procedures

During the trial the Park Managers implemented strict dog friendly park rules, as attached (E2018/57756). Upon guest check-in these rules were signed and understood by dog friendly guests and the below map provided.

Map depicting access point to Off Lead Companion Area from Suffolk Beachfront Holiday Park

Appropriate signage placed throughout the park and beach access points.

Beach access points within the park Signs inside the BBQ Area

Dogs NOT PERMITTED signs near camp kitchen and laundry.

Dog Friendly Sites Available Map

P = Dog friendly sites – Sites 23 to 50 = 32 Sites

OP = Overflow Dog friendly sites – used as overflow only when P sites are full – Sites 4 to 9 & 17 to 21 = 11 Sites

Dog friendly site locations selected considering proximity separation from permanent residents.

Dog Friendly Feedback

Feedback and Mitigation measures implemented on feedback items

The table below displays a summary of feedback items received. Summary of the details of where the feedback was from, how many submissions were received, and documentation reference details are attached.

Unsupportive Submissions - One submission signed by eight of the permanent residents. Two negative submissions received individually from two permanent residents who also signed the group submission. One negative submission received from a regular short term guest.

Supportive Submissions - Two positive submissions received from permanent residents. Council has received positive feedback from written letters, facebook comments, and wikiCamp reviews. One positive feedback received in writing from a short term guest, six positive comments on Facebook and nine positive comments on wikiCamps.

Feedback Item	Mitigation Measure
Dogs off leads	— Dog friendly park rules explained to guests upon check in and signed by guests to acknowledge requirements of the park. — Managers communicate with offending guests ASAP and ensure compliance. If non-compliance is ongoing the guests will be required to leave. — Occasionally dogs from outside of the park wonder through. There has been occasions throughout the trial this has occurred and after enquiring with guests, these particular dogs were not from guests staying at the park and did not match the description of their types of dogs. This issue is ongoing and hard to mitigate with or without a pet friendly status. Possible fencing could be looked at in the future if this issue is heightened and cost/benefit is feasible.
Complaints from other guests/residents regarding barking and roaming dogs.	— Managers act upon the requests ASAP and ensure compliance where applicable. — Complaints are looked into ASAP by the managers and mitigation measure actioned.
Dog droppings	— Guests are briefed and required to sign on dog friendly park rules. — Managers inspect the sites daily to ensure sites and surrounds are free from droppings. There were two occasions this occurred during the trial. — Bag dispensers provided if problem persists.
Dogs taken onto the beach through non dog friendly access points	— Signs indicate where Dogs are NOT PERMITTED are in place at access points. — Upon check in guests are verbally told and provided a map detailing access points.
Effect on wildlife	— Park rules ensure dogs are tied up, therefore unable to chase after wildlife. If wildlife was to approach the dog this is unable to be mitigated.
Complaints from permanent residents	— Dog Friendly Sites are separated from the permanent residents and the overflow sites are separated by a minimum road width. Throughout the trial there were issue when the managers allowed pets throughout the whole park. However, this was resolved and the managers are to ensure there is always separation from the residents as per the map displayed above.

Dog Friendly Seasonal Dates

Seasonal dates throughout Suffolk Park for 18/19 was adopted by Council on 28 June 2018 along with the fees and charges. These seasonal dates will continue to be included in the annual fees and charges process.

Peak times will be excluded from dog friendly status. The adopted peak seasonal dates for Suffolk Beachfront Holiday Park run from 22 December 2018 to 14 January 2019 (Christmas holidays) and 17 April 2019 to 27 April 2019 (Easter, ANZAC, NSW and QLD School holidays). Major festivals fall under this peak category and these festival dates change annual. Seasonal dates outside of the adopted peak dates will be available to guests as dog friendly. As peak times are excluded as dog friendly periods within the park, permanent residents will not be able to have a pet friendly status. This procedure mitigates any risk of ongoing permanent dog related issues. Short term guests are required to leave if their dog is a nuisance.

Financial Implications

The minimum financial increase from dog friendly bookings from 1 May 2017 to 30 April 2018 was $64,940.78. The Park Managers have indicated this figure does not include website or internet browsing bookings that are dog friendly bookings. 9.13% of overall bookings are related to pet friendly bookings. There was no decline noted in regular bookings that were not dog friendly guests. Additional infrastructure is not required by Council. If Suffolk Park is not to continue as a Dog Friendly Holiday Park Council acknowledges the potential for declined income and recognises a need to honour pet friendly bookings already taken until 2 October 2018.

Statutory and Policy Compliance Implications

Current zoning of land – LEP 2014 – Zone RE 1 – Public Recreation

Suffolk Beachfront Holiday Park is currently located on DP 1023737 Lot 100. Zone RE 1 – Public Recreation.

Permanent Sites at the park have been reclassified as Operational Land recently. These sites are separate from the dog friendly sites.

Byron Shire Council Companion Animal Exercise Areas – Policy 5.31

Policy 5.31 adopted by Council in March 1994 and reviewed in October 2011 outlined off-lead exercise areas within Byron Shire. Tallow Beach shown in MAP 1 is the closest to Suffolk Beachfront Holiday Park. Tallow Beach off-lead exercise area is approximately 485 m from Suffolk Beachfront Holiday Park. This distance requires a short walk from Suffolk Beachfront Holiday Park.

MAP 1

Benefits of Dog Friendly Suffolk Beachfront Holiday Park

— Allows Council’s holiday park to remain competitive and in line with other holiday parks in and surrounding Suffolk Park area. Ferry Reserve at Brunswick Heads, Byron Holiday Park at Suffolk, North Coast Holiday Parks including Shaw’s Bay in Ballina and Silver Sands at Evans Head have all converted to dog friendly periods and have reported an increase during off peak periods of approximately 60 to 70 %.

— Dog friendly availability offers extra service options for guests.

— Increases Council’s revenue stream for this asset as shown below.

— Park Managers are able to manage this dog friendly status with no additional resources required from Council.

— Park location and relaxed nature support the dynamics of a dog friendly acceptance.

Non-benefits of Dog Friendly Suffolk Beachfront Holiday Park

— Continued and/or escalated negative feedback from park users and/or permanent residents and subsequent increased mitigation measures required by Park Managers in consultation with Council. Possible increase in costs associated with mitigation measures relevant to feedback.

— Forecasted revenue not as predicted.

Conclusion

Overall the dog friendly trial period was well received by both permanent residents and short term guests. There were instances where residents were unhappy with the effects of the dog friendly trial. Once mitigation measures outlined were strictly enforced many of these complaints were able to be minimised.

The separation of the dog friendly sites from the permanent resident sites proved to be a major factor in minimising this negative effect on permanent residents. Unfortunately, the managers of the park allowed dog friendly sites close to the residents for an interim period throughout the trial. This created permanent residents to become unsupportive of the dog friendly status and subsequently submitted unsupportive feedback.

Since then, Council has consulted with the park managers to promptly action the site separation preferences as discussed in the original trial. The mitigation measures outlined have had a positive impact on feedback received.

It is anticipated that there will never be 100% support of a Dog Friendly Park, however based on the feedback received and the success and failure points within the trial it can be concluded that there is general support from customers for the Park to become Dog Friendly.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.23

Report No. 13.23 Settlement Road Submission Update

Directorate: Infrastructure Services

Report Author: Evan Elford, Team Leader Infrastructure Planning

File No: I2018/1303

Theme: Infrastructure Services

Roads and Maritime Services

Summary:

Council at its extra ordinary meeting on 28 June 2018 considered the adoption of the 2017-2021 Delivery Program and resolved to receive a further report regarding the submission on Settlement Road.

RECOMMENDATION:

1. That the road community / council working group, comprised of a representative from SRAG, Djambul Community, Council’s Infrastructure Planning staff and Director Infrastructure Services, continue to meet quarterly to ensure an efficient and mutually satisfactory resolution to the long-standing road hazard; and

2. That the outcomes of the road community / council working group be reported back to Council.

Report

Council, at its Extraordinary meeting on 28 June 2018, considered the adoption of the 2017-2021 Delivery Program and resolved in part as follows:

Res 18-429

1. Note the submissions received during the public exhibition period for the Delivery Program 2017-2021(Revised) and Operational Plan 2018-2019 (including the Statement of Revenue Policy, 2018-2019 Budget and 2018-2019, Fees and Charges) (Attachments 2 to 4) and that Council receive a further report to the 2 August 2018 Ordinary Meeting regarding the submission on Settlement Road.

Currently a Development Application is being processed for a Multiple Occupancy Development on Settlement Road. Conditions on the DA stipulate that chainage 256 to 1216 of Settlement Road must be improved to Council’s standards.

This report relates to sections of Settlement Road outside of the DA, which Council has received a submission from resident, Rod Palmer, regarding the enactment of Council Policy 4.17 on Settlement Road.

Mr Palmer would like to contribute the cost of the seal for the following sections of road:-

· Chainage 0-202.10; and

· Chainage 1216.30-1279.76

Policy 4.17 currently is as follows:

POLICY TITLE: CONTRIBUTION TO THE COST OF SEALING OF UNSEALED

ROADS ADJACENT TO PROPERTIES AT REQUEST OF OWNERS

FILE REFERENCE: COR050505

Date Adopted 28 November 1995

Date of Review -

1. OBJECTIVES

1.1. To minimise dust nuisance to residents.

1.2. To improve the amenity of the road reserve adjacent to properties.

2. POLICY STATEMENT

2.3. Where a property owner requests to have the road surface adjacent to their property bitumen sealed and the road is not listed on a current works programme, the owner pays for the cost of sealing and Council contributes the cost of the pavement upgrading necessary before the sealing work can be applied.

2.4. This offer is conditional upon:

a) The Council road making plant is working in the area and the work is carried out as part of normal activities at Council’s convenience.

b) The sealing of the section of road would not preclude future works, or be negated by future realignment, etc.

c) The landowner is to contribute the full cost of a two (2) coat bitumen seal (prime/seal).

d) The full width of the existing payment is to be sealed.

e) Where more than one landowner fronts the section of the road to be sealed then arrangements for apportioning the costs is to be agreed by all landowners fronting that section of road prior to any work occurring.

Mr Palmer obtained quotations from local contractors in order to understand the costs required to bring the road up to a standard ready for sealing however these have not been based on Council’s design or minimum standard. The costs of these quotations were discussed by Mr Palmer at the extra ordinary meeting on 28 June 2018.

Council has not been provided with a copy of the quotes despite making numerous requests to the contractors.

Infrastructure Services have since undertaken a detailed design of the road, setting out the minimum standards that will be required for its construction. The design includes consideration of:

· Water runoff and the need for piped drainage crossings at some locations and formation of table drains

· Minimum width of 4m, as required to fire access standards

· Allowance for a retaining wall at a steep batter interface for safety

· Shaping and trimming of the road formation to provide a safer surface

· A design life of 20 years

The design standards for Settlement Road were resolved by Council at its extra ordinary meeting on 17 November 2017 as follows:

Res 17-579

1. That the Engineering report recommendation is clarified so that preliminary or first stage road work - including work required to be completed by Lot 3 as a Community Title DA consent condition - can commence even if the funds for latter stage work are not yet confirmed.

2. SRAG proposes the formalisation of a road community/council working group to meet quarterly to ensure an efficient and mutually satisfactory resolution to the long-standing road hazard. This working group would comprise a representative from SRAG, Djambul Community, Byron Council Engineering, and Byron Council councillor or director.

3. That the RFS standard is accepted as the only realistic option to progress road improvement steps and reduce the hazard faced by road users.

Financial Implications

The design and estimate has been spilt into 3 sections at the request of Mr Palmer, and does not include any costs for the section of road associated with the DA, which is being borne by the developer.

The Council component includes all preparation works required to bring the road up to a standard ready for sealing, as per the design plans and Councils minimum specifications.

The resident component includes the cost of the two coat bitumen seal (primer seal followed by final seal).

Both components are marked up by 15% to cover Council’s site based risks and project management costs.

Settlement Road Estimate Summary
Description	Estimated Cost (excl GST)
Sections 1 (CH 0 to 202.10)
Council Component	$ 127,000
Resident Component	$ 21,000

Section 5 (CH 202.10 to 255.94)
Council Component	$ 26,000

Section 6 (CH 1216.30 - 1279.76)
Council Component	$ 35,000
Resident Component	$ 6,000

Total Cost to Council	$ 188,000
Total Cost to Resident	$ 27,000

Section 5 does not have a Resident component as Mr Palmer is not proposing to contribute to seal this section, however it would be prudent for Council to fix this section of road while the plant and labour are established on the road.

The estimates of costs for the works do not align with the cost information provided by Mr Palmer at the Extraordinary meeting on 28 June 2018 and more meetings are required of the road community / council working group to progress and finalise this work.

Statutory and Policy Compliance Implications

There are no statutory and policy implications.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.24

Report No. 13.24 Broken Head Reserve & Seven Mile Beach Road - ongoing issues

Directorate: Infrastructure Services

Report Author: Evan Elford, Team Leader Infrastructure Planning

Tony Nash, Manager Works

Shannon Burt, Director Sustainable Environment and Economy

File No: I2018/1357

Theme: Infrastructure Services

Local Roads and Drainage

Summary:

This report provides an update to Councillors on recent and future actions regarding ongoing issues associated with traffic and parking management at Broken Head Reserve and Seven Mile Beach Road.

RECOMMENDATION:

1. That Council note the work to date on the issues and endorse the future actions and investigations for Broken Head Reserve, Seven Mile Beach Road and Broken Head Reserve Road.

Attachments:

1 Minutes of Seven Mile Beach Road Meeting - Monday 26 March 2018, E2018/24348 ⇨

2 Seven Mile Beach Road - High Level Options Assessment - Including Plans, E2018/38473 ⇨

3 Minutes of Seven Mile Beach Road Meeting - Monday 2 July 2018, E2018/56081 ⇨

Report

Council considered a report on Broken Head Reserve and Seven Mile Beach Road Management issues at the ordinary meeting 14 December 2017

https://byron.infocouncil.biz/Open/2017/12/OC_14122017_AGN_613_WEB.htm

and resolved as follows:

Res 17-677

1. That Council note the report and the Actions that are currently being implemented by staff, State agencies, Police and residents to address the management issues in the Broken Head Reserve area and its beaches.

2. That Council endorse the Action Plan for wider community consultation with the following adjustments:

Action 2 include Shire resident permit option and delete consideration of car park closure

Action 6 Immediately remove the no stopping signs and boulders at the southern end of Seven Mile Beach Road. Create a proper turning circle and car parking area. Install no parking from 9.00pm-5.00am signs

Action 9 review the placement and number of No Stopping signs along the length of the road.

Action 12 change ‘neighbourhood watch program’ to ‘Broken Head Custodians Group’

3. That the provision of a budget of $20,000 for concept infrastructure planning investigations and surveys for road upgrades and investigation of traffic calming options be considered as part of the December 2017 Infrastructure Services Financial Quarterly Review.

4. That a further report is presented to Council early 2018 on this consultation and any other management issues that arise over the summer holiday period.

5. That Council note that responses from both the Police and NPWS requesting support in these matters, as outlined in Actions 4 and 5 have still not been forthcoming and that Council write again, requesting an urgent response.

Since the resolution, two community and state agency meetings have been held 26 March and 2 July 2018. The purpose of these meetings was to work through the action plan adopted by Council in December to address anti social behaviour, environmental degradation and traffic and parking controls as it affects local amenity and environment. Both meetings were well attended.

The attached document E2018/24348 contains the minutes and agreed actions from the first meeting in March with the issues and key actions for Council being:

1. Map car park jurisdictions.

2. Investigate future management options for car parks.

3. Request delegations from National Parks and Wildlife and Police for Council officers to manage parking, camping, move on directions and the like.

4. Explore options for the installation of gates as a management option.

5. Review signage and remove boulders.

6. Investigate options for traffic calming and introduction of pinch points to regulate traffic.

7. Present a further report to Council on consultation outcomes and any other management issues and

8. Install surveillance cameras to address vandalism of signs and unauthorised activities.

The issues listed above are discussed below.

Issue – Mapping Jurisdiction

A plan of survey of the location of existing car park areas and property boundaries has been completed to inform investigation of management options. The mapping concluded that much of the informal parking areas are located within the road reserve with part in NPWS controlled lands. This plan formed the basis of further traffic and parking management considerations.

Issue – Traffic Management

Traffic management was discussed at both the March and July meetings.

At the July meeting 5 different traffic and parking management options were presented to the group for discussion. These options and the group’s position on each are summarised below:

1. Option A – Transfer the reserve to landowners. This would be a difficult option considering the provisions of the Roads Act and it is unlikely this would be supported by greater community.

Not supported.

2. Option B – Gate road. Again, would be a difficult option considering the provisions of the Roads Act and it is unlikely this would be supported by greater community.

Not supported

3. Option C - Dedicate the reserve to NPWS. NPWS Act allows restriction of vehicles on a public road and purpose is likely to be supported by greater community.

Supported.

4. Option D – Install traffic calming including upgrade council car parks and install ‘paystay’. This was not considered an effective stand alone, but is something that would assist in conjunction with other options.

Partially supported.

5. Option E – Close Seven Mile Beach Road and use Blackbutt Lane as alternative access. This was not considered effective as would still create same access to the area.

Not supported.

The options are further detailed in the attached document E2018/38473 which was presented to the July 2018 meeting.

These options detailed the relevant costs and associated issues. The details in respect of the supported option C and partially supported option D are reproduced below.

Note Option C does not include costs for car park works as that would be a NPWS area of responsibility.

Option C – Dedicate road to National Parks

This option maintains current access rights while the maintenance burden is held by others.

Process:

§ Council cannot transfer a public road to NPWS, because the latter isn’t a road authority. But it’s possible for Council to close the road and transfer the land to NPWS. NPWS would need to want to take responsibility for it. But that would then raise issues regarding access for the residents, because they would no longer have the benefit of public road access to their properties.

§ Assuming these issues away, Council would need to close the road via a Council resolution and application to the State Government. Then it would Gazette the closure, before transferring the (then) operational land to the NPWS. That process typically takes a number of months and requires NPWS support, which we don’t have.

Issues:

§ Resident access through a National Park maybe problematic. Maybe possible to resolve through right of way.

§ NPWS have previously advised the Broken Head residents group that this option is not feasible. (per phone call with Sue Walker 1.10pm 17/4/18).

§ Not an easy solution to implement.

Positives:

§ This is good option for Council, but without NPWS support it can’t happen.

§ Legally feasible.

§ Reduced maintenance burden for Council.

§ Likely to resolve all concerns raised by local residents.

Approximate Cost:

Community Consultation $20k

Legal costs $10-40k

Total Cost $30-60k

Ongoing Costs:

Nil

The following information relates to the partially supported option:

Option D – Install Traffic Calming devices

This option maintains current access rights while attempting to reduce traffic speeds and dust levels on the road. Options to leave road as gravel and seal the road have been considered. Formalisation of the car parks and installation for toilets is included.

Process:

1. Report to Council

2. Adopted as way forward

3. Create line item in budget

4. Survey and Design traffic calming solutions and all road works

5. Design car parks and toilets

6. Prepare approvals

7. Procure works and toilets

8. Complete works

Issues:

§ Small increased maintenance costs due to calming devices.

§ Speed humps have not been considered due to the issues raised in the following link. https://www.yarraranges.vic.gov.au/files/assets/public/webdocuments/environment-engineering/infrastructure-services/roads-drains-footpaths-infrastructure-services/unsealed-roads-speed-and-dust-fact-sheet-december-2016.docx

§ Funding of works, most expensive option for Council. See possible funding solution in positives.

Table 4. Curve Road Sign at 35km/hr for 4 km

§ 7 Mile Beach Road car park is partly in crown land.

§ Paid parking robots require mobile reception.

§ No Telstra cable nearby.

Positives:

§ Likely to resolve concerns raised by local residents. To a degree.

§ Easy to implement.

§ Will make parking compliance easier to manage.

§ Option could include advisory speed sign as shown here.

§ Could be completed over 3-4 years.

§ Potential option for paid parking at car parks in conjunction with NPWS. Revenue could fund a loan for the works.

§ Resident contribution also feasible.

§ Traffic calming devices can be approved by Local Traffic Committee.

§ Likely to receive full support from NPWS.

§ Potential option to make road 6.8m wide and add yellow lines. This would allow all no parking signs to be removed and make enforcement easier.

§ Likely parking spaces created by formalisation; Kings Beach = 17. Whites Beach = 6. Brays Beach = 6. Seven Mile Beach (+ additional parking areas) = 16. See Plans.

§ Potential option to also formalise parking at Seven Mile Beach Road and Broken Head Reserve Road intersection.

§ Parking management assessment and strategy recommended as first step.

Approximate Cost:

Option 1 - Maintain Gravel Road

Survey and design $6k

Installation of traffic control devices as per plans (6 sets of Chicanes) $ $120-180k

Formalisation and seal 4 car parking areas $82-100k

Paid parking robots for 4 car parks $132-148k

Provision of stand-alone, unisex, National Park style toilet at 4 car parks $120-140k

Total Cost $460-574k

Option 2 - Semi Sealed Road (to Kings car park (760m)

Geotech, Survey and Design $20k

Installation of traffic control devices (6 sets of Chicanes) $120-180k

Re-work, Overlay and Seal existing road to Kings $456-684km

Formalise and seal 4 car parking areas $82-100k

Paid parking robots for 4 car parks $132-148k

Provision of stand-alone, unisex, National Park style toilet at 4 car parks $120-140k

Total Cost $930k-1.28m

Option 3 - Fully Sealed Road

Geotech, Survey and Design $20k

Installation of traffic control devices (6 sets of Chicanes) $120-180k

Re-work, Overlay and Seal existing road $2.8-4.2m

Formalise and seal 4 car parking areas $82-100k

Paid parking robots for 4 car parks $132-148k

Provision of stand-alone, unisex, National Park style toilet at 4 car parks $120-140k

Total Cost $3.014m-4.4m

Ongoing Costs (excluding road maintenance):

Annual maintenance of 4 toilets $28k (one staff and ute 2hr for total 175 days a year, incl products @ $75/hr)

Issue – Parking Management and Enforcement

The community has requested that Council upgrade Council land into car parks at Brays and Whites Beaches and on Seven Mile Beach and Broken Head Reserve Road and also install ‘Pay Stay’ on line paid parking in these car parks as a means to manage parking numbers in the area.

Further, discussion about how to physically restrict parking outside the car parks along the road carriageway (viz. barrier) instead of parking signage, given the level of vandalism and non compliance with the signage has also occurred.

A high level concept investigation for the construction of the four parking bays on Seven Mile Beach Road has been completed and costs included in the estimates for the applicable options. Currently these works are not budgeted for 2018/19 or planned by Council for the future.

Pay stay on line parking is able to be installed to these parking areas once constructed and approved by the RMS. An estimated installation cost is between $5,000 - $10,000. Other ongoing annual and operation support costs would apply following and would vary dependant on transactions.

The issues relating to parking in Broken Head Reserve Road were reported to the March 2018 meeting of the Local Traffic Committee (LTC) and subsequently reported to the 19 April 2018 Council meeting for determination where Council resolved as follows:-

18-239 Resolved that Council adopt the following Committee Recommendation(s):

Report No. 6.6 CRM 2343/2018 Broken Head Reserve Road - Regulatory Signage

File No: I2018/421

Committee Recommendation 6.6.1

That Council prepare a plan and install “No Stopping” signs and line marking to control inappropriate car parking and to improve pedestrian safety along Broken Head Reserve Road, Broken Head where considered necessary.

Detailed investigations and cost estimates to determine the extent of road improvement works, line marking and signage necessary to manage parking in this location are yet to be completed and reported to Council for budget consideration..

Issue - Signage

Council has undertaken a range of signage measures to attempt to control and manage the illegal and anti social behaviours occurring in this area but largely without any medium to long term positive legacy.

This has included signage for parking, camping, fires, etc.

The signs have repeatedly and consistently been vandalised and removed, resulting in staff being onsite often weekly to reinstate them.

All of these signage works to date have been funded by sign Maintenance budgets.

At one stage large rocks were placed to physically prohibit parking in the bush off Seven Mile Beach Road. These rocks were later removed after public objection from the wider Byron community. There installation and removal were funded from road maintenance budgets.

Issue - Minutes and Actions Arising from July Meeting

The minutes of the meeting are attached as document E2018/56081.

NPWS have now approved delegations for Council Officers however these are yet to be received; Police are yet to finalise their consideration of this matter.

Further investigations of signage options are ongoing in consultation with NPWS.

The following actions were agreed to by consensus at the meeting held 20 July 2018.

Formal consideration of these actions is required by council for those which require capital works as they are not within the current capital work plan or have a budget allocation and will be the subject of a further report to Council for budget consideration and/or allocation.

RESPONSIBILITY

ACTION

Council

Council to prepare / send letter and proposal to the Reserve Acquisitions Department for NPWS to acquire area (Option C)

Tamara Smith MP

Request David Milledge to prepare / send letter to the Reserve Acquisitions Department outlining ecological concerns and support for Council’s proposal (Option C)

Tamara Smith MP

Tamara Smith to prepare / send letter to Reserve Acquisitions Department demonstrating support for Council’s proposal (Option C)

Tamara Smith MP

Request Tweed-Byron LAC NSW Police to prepare / send letter to the Reserve Acquisitions Department demonstrating support for Council’s proposal (Option C)

Local residents

Local residents to prepare / send letter to Reserve Acquisitions Department demonstrating support for Council’s proposal (Option C)

Council

Council to investigate and consider other access roads and likely success of using these

Council

Council to prepare / send letter to NPWS to request a gate be installed at Kings Beach Car Park which may be locked at night. This may create a major deterrent to illegal camping in that area

Council

Council to investigate and consider options / costs to upgrade Council car parks and install ‘Pay Stay’ to manage number and use of spaces available

In addition to the above list, Infrastructure Services will complete investigation, design and cost assessment of parking and traffic management on Broken Head Reserve Road.

Council’s community enforcement team will otherwise continue to patrol the area and respond to the management of issues and or complaints received that are under their remit as per the Council’s adopted Enforcement Policy and associated Enforcement Priorities Program.

Financial Implications

Currently there is $20,000 included in the carry over funding from 2017/18 to progress the infrastructure planning for Seven Mile Beach Road and Broken Head Reserve Road.

There is no funding indicated for any actual works on these roads in the 2018/19 to 2027/28 ten (10) year Capital Works Program.

Statutory and Policy Compliance Implications

There are no statutory or policy implications at this stage

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.25

Report No. 13.25 Suffolk Park Stormwater Drainage Asset Condition

Directorate: Infrastructure Services

Report Author: James Flockton, Drain and Flood Engineer

File No: I2018/1398

Theme: Infrastructure Services

Local Roads and Drainage

Summary:

Council have experienced a number of similar catastrophic stormwater pipeline failures in stages 5-7 of the Suffolk Park subdivision over a period of the last 10 years. This report informs Council of these failures and seeks funding for further and ongoing investigations to proactively identify find and repair the pipe network in order to prevent future catastrophic failures.

RECOMMENDATION:

1. That the information within the report be noted.

2. That there be consideration as part of the September 2018 Quarterly Budget Review to allocate $25,000 for an immediate camera inspection of the Baywood Chase stormwater network and report the results back to Council if concerns with asset condition are highlighted.

3. That there be consideration as part of the 2019/20 budget process to allocate $10,000 annually in future budgets to fund a cyclical stormwater pipe network camera inspection program.

Report

Asset condition and the asset backlog are both issues that have previously been reported to Council across numerous asset classes. This report focuses on the stormwater pipe network within the Baywood Chase Estate in Suffolk Park, in particular stages 5 to 7 of the development.

Stage five and six were built in 1993, while stage 7 was built in 1998. The stormwater system is a mixture of stormwater pipes, pits and open drains. Many of the open drains also have low flow pipes below the drains. The low flow pipes are believed to have been installed due to the number of springs in the escarpment and hills around Suffolk Park. Many of the low flow pipes are continuously flowing with water.

Stages five to seven used a pipe made by the company ‘James Hardie’. The pipes are a Fibre Reinforced Cement (FRC) pipe, rather than the typical concrete pipe most often used in sub divisions.

In 2009 Council replaced a 56m section of FRC pipe which initially failed during a storm event in July 2008. A further rainfall event in May 2009 increased the pipeline failure prompting the renewal as the only option. The pipeline was replaced in June 2009 as urgent works. Following this failure Council staff made the decision to no longer allow the use of FRC pipes across the shire.

The failure occurred because the invert of the pipe was missing. It is believed that the invert had been scoured out due to the constant running water within the pipeline and the hailstone which can often be found in the hills around Suffolk Park. The hailstone is round and likely rolls with the water increasing the scour of the pipe invert. Additionally it appears FRC pipe does not handle being wet for prolonged periods. From recent inspection it appears to become saturated and then weakens, increasing the opportunity for scour. The pictures below were taken in June 2009 prior to the replacement works.

The picture to the right is a section of the pipe which failed in 2008/2009. Staff have kept this section as a reminder of applications where FRC pipes are not recommended.

Since 2008 further failures have occurred. The image below shows the failures that have occurred. All of these failures are within three stages of Baywood Chase. Purple shows the failure from 2018 which was replaced at the end of July 2018. Yellow shows a partial failure from 2017 which is yet to be replaced. Blue shows a failure from 2016 which has been partially repaired. Green shows the failure from 2009.

As can be seen in the image, the failures are all occurring in the same pipeline. However, this is only part of the whole pipeline system from these sub division stages. It is highly likely that the entire pipeline is heading towards failure and other stages that use the same FRC pipe could possibly be in a similar condition.

The 2009 failure made the whole pipeline lift out of the ground in places during a heavy storm event because water was running all around the outside of the pipes which pushed the pipeline to the surface. It was fortunate that this pipeline was within the open drain reserve behind private property, rather than in the road or nature strip.

The more recent failures have shown in the form of sink holes because the pipes are deeper (around 3m deep). The pipe invert has again scoured out compromising the structural integrity of the pipe. The pipe has then laterally cracked allowing soil to be dragged into the pipe line and slowly formed a void under the surface. The surface above the void eventually fails highlighting the sink hole to the community who then contact Council.

The pictures below were taken from the recent failure. The cracks in the pipes were not caused by the excavation works to uncover the pipes, the lateral cracks are the failure point after the pipe invert has been scoured out and pipe structural integrity is lost.

Currently staff only become aware of these failures when the sink hole can be seen from the surface. This is not the preferred method of finding the failures because it carries considerable public risk, but this is the only option given that Council does not have a program of inspecting stormwater pipe networks with pipe cameras.

Additionally over the last 12 years Council have experienced sink holes in the Sunrise Estate, West Byron, Byron Industrial Estate, and Ocean Shores. These sink holes have formed for different reasons, usually displaced pipe joints or a failure of the pipes external rubber ring which seals the joint. These defects could also usually be picked up with pipe camera surveys prior to the formation of sinkholes.

In order to manage this issue it is recommended that there be consideration as part of the September 2018 Quarterly Budget Review, to allocate $25,000 for an immediate camera inspection of the Baywood Chase stormwater network, and report the results back to Council if concerns with asset condition are highlighted. The budget includes an allowance for any drain cleaning that would be required to complete the surveys.

Additionally, in future years there should be an allocation of budgets of $10,000 per year for a cyclical camera survey of Council’s stormwater network. Council has approximately 15,000 metres of stormwater pipelines in the shire. $10,000 per year will allow the entire network to be condition assessed once every ten years. The budget includes an allowance for any drain cleaning that would be required to complete the surveys.

Sunrise Estate, Byron Industrial Estate, and Ocean Shores would be the next priorities after Suffolk Park.

Financial Implications

There are no negative implications propose in this report.

Statutory and Policy Compliance Implications

Provision of stormwater infrastructure is a legitimate function of local government under the Local Government Act 1993. To the extent that the provision of stormwater infrastructure protects public roads, other infrastructure, Council land, Crown land, Private land and the community. Council is also responsible for drainage under the Roads Act 1993.

In all cases, Council must meet its obligation to provide a satisfactory and safe level of drainage for the Shire’s residents and a drainage network which is maintained in a condition which is not likely to endanger the Shire’s residents during or after a rainfall event.

Without pipe camera inspections staff cannot prevent future failures or know where the next failure may occur. This represents a high public risk and is a liability which Council needs to manage appropriately.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.26

Report No. 13.26 Byron Bay High School - Safety Issues at Arakwal Court

Directorate: Infrastructure Services

Report Author: Evan Elford, Team Leader Infrastructure Planning

File No: I2018/1432

Theme: Infrastructure Services

Local Roads and Drainage

Summary:

Byron Bay High School requested Council attend a focus meeting of stakeholders to discuss safety issues relating to traffic management, parking, cycleways, student drop–off zones and pedestrian interactions in Arakwal Court.

This report details the outcomes and subsequent actions resulting from 3 recent meetings held on 20 June, 25 July and 30 July 2018.

RECOMMENDATION:

That Council:

1. Note the work to date in relation to traffic management, parking, cycleways, student drop–off zones and pedestrian interactions associated with the Byron Bay High School.

2. Endorse the future actions as detailed within this report; and

3. Support Option 5 (Dwg 2644-CP06) to upgrade Arakwal Court to address existing safety concerns and for the purpose of developing and making grant and other funding requests.

Attachments:

1 2644_CONCEPT OPTIONS SET - Arakwal Court Upgrade, E2018/67006 ⇨

2 Byron High School - PRG Traffic Safety 1 Minutes - Arakwal Court Upgrade, E2018/66975 ⇨

3 Byron High School Letter of Support for Option 6 Arakwal Court upgrade, E2018/66967 ⇨

4 Byron Bay HS Bdry Adjustment in Princ support - Arakwal Court Upgrade, E2018/66980 ⇨

Report

The first meeting of stakeholders was held on the 20 June 2018 with the following organisations being represented:

· Byron Bay High School

· St Finbarr’s Primary School

· School Parent Bodies

· Department of Education

· Byron Shire council

· Police

· RMS

· Parents/community

From that meeting a number of road and pedestrian network options were developed by Council and presented to the group at a meeting of the group on 25 July.

The plans submitted to the group for further consideration where:

· Dwg 2644-CP01 – Overall Concept Plan – Option 1

· Dwg 2644-CP02 – Arakwal Court Layout– Option 1

· Dwg 2644-CP03 – Arakwal Court Layout– Option 2 (Roundabout Intersection)

· Dwg 2644-CP04 – Arakwal Court Layout– Option 3 (Traffic Lights Intersection)

· Dwg 2644-CP05 – Arakwal Court Layout– Option 4 (Roundabout Intersection)

There was general consensus that Option 4, Dwg 2644-CP05 was the preferred option.

Subsequent refinement of the layout detailed on Dwg2644-CP05 and further comments provided by the Department of education, resulted in 2 more plans being presented to the reference group meeting on 30 July as follows:

· Dwg 2644-CP06 – Arakwal Court Layout– Option 5 (Roundabout Intersection) and

· Dwg 2644-CP07 – Arakwal Court Layout– Option 5 – stage 1

Dwg 2644-CP06 proposed works was then adopted by the group as the option to promote and form the basis of funding investigations.

The group considered staging the works as indicated on Dwg 2644-CP07 however determined that a staged approach would do little to overcome or address the problems and issues currently before them. A staged approach was rejected.

The options presented to the stakeholders are provided in the attached document E2018/67006.

The minutes of the meetings are attached and provide further detail in relation to the matters discussed and actions of the group, see document E2018/66975.

Byron Bay High School have provided letters of support and confirmation that the School would be prepared to dedicate land if required to develop the preferred option. Those letters are attached as Document E2018/66967 and E2018/66980. Note the letters appear to mix the plan numbers and options being supported however it was clear from the meetings that the preferred option is Option 5 on Dwg 2644-CP06.

St Finbarr’s Primary School have verbally given support to Option 5 Dwg 2644-CP06 and to undertake to dedicate land for the cycleway relocation if required.

The following actions were envisaged for Council to move the project forward:

· Prepare a budget construction cost for Option 5 upgrade of Arakwal Court

· Prepare a report to Council to seek support for Option 5 to assist with grant and other funding requests.

· Provide technical assistance to the group when requested subject to any budget allocations or constraints.

Financial Implications

A preliminary assessment of cost to implement the works identified on drawing CP06 is between $530,000 and $640,000 for Arakwal Court only. This cost should be considered indicative as no detailed survey or design has been undertaken to date and excludes work associated with the construction of the roundabout.

Blackspot grant funding was investigated as a possible source of funds to assist in delivering the project noting that Council has not identified any funding for works in Arakwal Court in the 2018/19 to 2027/28 ten (10) year Capital Works Program, that would facilitate the implementation of the preferred Option 5 Dwg 2644-CP06. However, there is no accident history that meets the requirements of the Blackspot Program.

Statutory and Policy Compliance Implications

No Statutory or compliance implications at this stage

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.27

Report No. 13.27 Parking Time Changes in Mullumbimby, Bangalow and Brunswick Heads - Status Report

Directorate: Infrastructure Services

Report Author: Evan Elford, Team Leader Infrastructure Planning

File No: I2018/1437

Theme: Infrastructure Services

Local Roads and Drainage

Summary:

To update Council on the implementation and monitoring of the time limit changes to parking in Mullumbimby, Bangalow and Brunswick Heads parking schemes.

The report details the relevant issues relating to the implementation of the schemes, the methodology of data collection and analysis, provides commentary on the schemes and outlines the future actions for continued monitoring and reporting to Council.

RECOMMENDATION:

1. That Council note the status and proposed actions relating to the parking schemes in Mullumbimby, Bangalow and Brunswick Heads

2. That Council receive a further report detailing the performance review of the parking schemes at Mullumbimby, Bangalow and Brunswick Heads at the April 2019 Council meeting.

Report - Mullumbimby

Resolutions:

Mullumbimby parking time changes were resolved by Council on 23 November 2017 as follows:

17-572 Resolved:

1. That Council endorse the implementation of the changes to parking time limits in the Mullumbimby town centre, in line with Figure 1 in this report, being 1P throughout Burringbar Street and the addition of 4P zones at the ends of Stuart and Dalley Streets, with 2P remaining in place for the remainder of Stuart and Dalley Streets.

2. That the time limit changes be reported to the Local Traffic Committee (LTC).

3. That Council approve a budget of $15,000 to implement the revised parking time limits, from the Infrastructure Renewal Reserve.

4. That Council receive a report after twelve (12) months, to review:-

a) The effectiveness of the time limit changes in managing parking turnover;

b) Infringement levels throughout the town centre; and

c) Based on the outcomes of a) and b) above, the introduction a pay parking scheme to manage parking turnover and effectiveness in accordance with the recommendations of the Traffic and Parking Systems Group (TPS) report titled “Mullumbimby Town Centre Parking Management Strategy” (#E2016/80919).

The proposed time limit changes were reported to Local Traffic Committee (LTC) and the minutes reported to Council on 14 December 2017 where Council resolved as follows:-

17-710 Resolved:

Committee Recommendation 6.1.1

1. That the Local Traffic Committee endorse the changes to the parking time limits in the Mullumbimby Town Centre, as depicted in the proposed parking times in Figure 1, being:

a) 1P throughout Burringbar Street and the addition of 4P zones at the ends of Stuart and Dalley Streets and

b) 2P remaining in place for the remainder of Stuart and Dalley Streets.

2. That the Local Traffic Committee recommend that the proposed 4hr parking limits be reviewed during the 12 month period on a needs basis.

Implementation:

Infrastructure Services installed new signs and modified existing parking zone time limits to implement the scheme which became enforceable on the 15 March 2018.

Approximately 80 new signs were required with the implementation being of medium complexity due to the requirements to extend current time zones and the fact that parking durations were not uniform with that of Byron Bay thereby limiting the option for utilising existing signage from existing stores.

Parking time zone changes appear to have been accepted by the community with limited feedback or minimal issues being raised with Infrastructure Services.

Data Collection:

Monitoring and Licence Plate Recognition (LPR) data collection of the scheme has been carried out on the following dates:

27 April 28 April 9 May 11 May 12 May 6 June

On those dates, 2 Enforcement Officers carried out LPR data collection functions in the 3 villages on a rotation basis as follows:

1. Complete LPR scan of Mullumbimby then Brunswick Heads followed by Bangalow and repeat this process 3x per day.

2. The team was also tasked with processing LPR based infringements only for overstays in these locations as per standard enforcement protocols on the basis that all other non-LPR compliance would be reviewed outside these dates.

3. The team operated from 9:00 am to 4pm with a half hour lunch break from 12:30 to1pm – This represents 6.5 hours data capture per assigned day.

The next series of data collection was scheduled for the first week of August with dates beyond that subject to consideration of staffing levels, rosters and staff annual leave interactions by Sustainable Environment & Economy staff.

Future Actions and Reporting:

Moving forward the identified actions are:-

1. Continue LPR scanning and infringement actions undertaken to date generally on a monthly basis.

2. Commence critical analysis of collected data to review the scheme’s performance

3. Undertake additional vacancy survey to supplement current data collection and to inform the review and reporting process.

4. Identify areas for improvement and any changes or modifications considered worthy of implementation to improve the parking turnover and effectiveness of the scheme.

5. Prepare a performance review report noting that a report is due after 12 months in accordance with resolution 17-572. It is considered appropriate to report all 3 schemes simultaneously and accordingly Infrastructure Services propose to report to the April 2019 Council meeting.

Report - Bangalow

Resolutions:

Bangalow parking time changes were resolved to be implemented by Council on 14 December 2017 as follows:

17-660 Resolved:

1. That the petition regarding no paid parking in Bangalow be noted.

2. That Council now resolve on the local traffic committee advice regarding paid parking in bangalow as follows:

a) In relation to Local Traffic Committee (LTC) recommendation 6.4 of 31 October 2017 and comments received from Members at the LTC of 13 December 2017 Council endorse the implementation of the changes to the parking time limits in the Bangalow town centre, as depicted in the proposed parking times in Figure 1, being 1P throughout Byron Street and part of Station Street, with 2P in the remainder of Station Street for a trail period of twelve months and that parking time limits be reviewed on a needs basis during the trial.

b) Closely monitor parking demands, durations and infringements in the Bangalow Town Centre area with the objective to quantify the appropriateness of time limit duration and track trends in the level of infringement, and

c) Assess compliance with the revised time limits and associated infringements in the management of parking turnover in conjunction with any future consideration by Council of the implementation of a pay parking scheme in bangalow.

d) This resolution rescinds and replaces Res 17-356

e) That any advice forwarded to RMS and NSW Police in accordance with the appeal procedures in the Delegation as a result of this resolution include a notification that the NSW Police Member was not present at the LTC meeting of 31 October 2017 and consequently raised objection to the proposal as did the local MP member of the committee at the LTC meeting of 13 December 2017.

Implementation:

Infrastructure Services installed new signs and modified existing parking zone time limits to implement the scheme which became enforceable on the 14 March 2018.

Additional line marking to reinforce parking management signage was completed on 1 May 2017.

Approximately 50 new signs were required with the implementation being relatively straight forward due to the requirements to introduce only 2 time zones and the fact that parking durations were uniform with that of Byron Bay thereby maximising the option for utilising existing signage from existing stores.

Parking time zone changes appear to have been accepted by the community with limited feedback or minimal issues being raised with Infrastructure Services.

Data Collection:

Monitoring and Licence Plate Recognition (LPR) data collection of the scheme has been carried out in conjunction with the collection of data for Mullumbimby and Brunswick Heads as noted earlier in the report.

Future Actions and Reporting:

Moving forward the identified actions are:

1. Continue LPR scanning and infringement actions undertaken to date generally on a monthly basis.

2. Commence critical analysis of collected data to review the scheme’s performance

3. Undertake additional vacancy survey to supplement current data collection and to inform the review and reporting process.

4. Identify areas for improvement and any changes or modifications considered worthy of implementation to improve the parking turnover and effectiveness of the scheme.

5. Prepare a performance review report noting that the scheme is for a trail period of twelve months and that parking time limits be reviewed on a needs basis during the trial in accordance with resolution 17-660. It is considered appropriate to report all 3 schemes simultaneously and accordingly Infrastructure Services propose to report to the April 2019 Council meeting.

Report - Brunswick Heads

Resolutions:

Brunswick Heads parking time changes were resolved to be implemented by Council Res 17-587 on 23 November 2017 and Council Res 17-636 at the extraordinary meeting on 28 November 2017 as follows:

17-587 Resolved:

1. That Council endorse the implementation steps recommended in the Brunswick Heads Parking Management Strategy as modified to:

a) Implement revised time limits in the town centre immediately (as per point 2 below);

b) Closely monitor parking demands, durations and infringements in the Town Centre Area in particular with the objective to continuously quantify the appropriateness of duration limits and to ‘track’ trends in the level of infringement; and

c) Assess the compliance with the revised time limits and associated infringements in the management of parking turnover, following the implementation of the revised time limits, in conjunction with any future consideration by Council of the implementation of a pay parking scheme in Brunswick Heads.

2. That Council endorse the implementation of the changes to the parking time limits in Brunswick Heads, using the layout provided by the Brunswick Heads Chamber of Commerce shown at Figure 2, incorporating the amendments identified in Table 2.

3. That Council seek Local Traffic Committee (LTC) endorsement of the parking time limit changes.

4. That Council negotiate any necessary agreement with Crown Lands to implement parking schemes.

5. That prior to the consideration of any Pay Parking Scheme for Brunswick Heads, staff undertake further investigations and consultation and report to Council in mid 2018 on revised parking arrangements and the cost of infrastructure upgrade requirements in the following areas;

a) Booyun Street, east of Park Street, in order to implement a Kiss and Ride School drop off zone in this area;

b) Park Street, between Fingal Street and Slessor Lane, to formalise parking whilst maintaining the existing bus zone;

c) Parking arrangements on South Beach Road, including dedicated parking for up to four (4) Horse floats at the end of South Beach Road; and

d) Parking arrangements in South Beach Lane

6. That Council approve:

a) an allocation of $115,000 to be funded from Section 94 Car Parking Brunswick Heads to undertake the investigation works in items 5a) to 5d), inclusive; and

b) the allocation of $25,000 for the implementation or revised time limits (including line marking) be funded from the existing signage program.

17-636 Resolved:

That in relation to the implementation of the Brunswick Heads Parking Management Strategy that Council endorse the following time limits subject to Local Traffic Committee approval:

1. General time limits to apply Mon to Sun 9.00am - 5.00pm

2. Time Limits at South Beach Road and South Beach Lane be retained as all-day parking.

The proposed time limit changes were reported to LTC and the minutes reported to Council on 14 December 2017 where Council resolved as follows:

17-711 Resolved

Committee Recommendation 6.2.1

1. That the Local Traffic Committee endorse Council Resolutions 17-587 and 17-636, providing concurrence for:

a) Item 2, which is to implement the changes to the parking time limits in the Brunswick Heads Town Centre, as depicted in the proposed parking times in Figure 1 of this report, with the minor amendments identified in Table 1.

2. That the Local Traffic committee recommend the proposed parking limits be reviewed on a needs basis.

3. That the review period be extended from 6 months to 12 months.

Implementation:

Infrastructure Services installed signs and modified existing parking zone time limits to implement the scheme which became enforceable on the 21 March 2018. Time changes were implemented by placing temporary stickers over existing signs and old signs from the depot store whilst a new sign range was being designed and procured.

Approximately 150 new signs were required with the implementation being of high complexity due to the requirements to extend current time zones, change existing time zones and introduce new time zones in locations that were not time restricted previously. The fact that parking durations were not uniform with that of Byron Bay limited the option for utilising existing signage from existing stores and introduced additional signage procurement issues as this scheme was also inconsistent with those being simultaneously implemented in Mullumbimby and Bangalow.

Over the course of time a number of signs had stickers removed which limited enforcement operations to the point where a second round of sticker placement was undertaken and completed on 4 May 2018.

Procurement of new signs from manufacturers has proved to be difficult with the filling of orders delayed to late July 2018 due to manufacturer rescheduling works between it’s Melbourne and Brisbane plants.

Prior to installing the new signs, a detailed review of signage was carried out on site which identified that some of the matters that had been included on the plan prepared by the Chamber of Commerce/Progress Association (Chamber Plan) had not been fully implemented.

Whilst the vast majority of the scheme had been implemented on 23 March using old existing signs in accordance with the Chambers plans as amended by resolutions, a number of issues were identified as not being implemented which have subsequently been rectified with the installation of the new signs including:-

· Utilising existing posts and signs to adjust zones by placing stickers over incorrect information – essentially due to supply issues for new signs, which were essentially custom signs from those normally installed across the shire and the urgency of the implementation program. This has also created inconsistency in signage throughout the scheme.

· Missed – 3 dedicated motorcycle spaces adjacent to but outside existing line marked parking areas.

· Missed – Change 1 single parking bay to a loading zone at the east end of Fingal St

· Missed – 1 loading zone in current no standing zone in driveway of bakery. – note- all other loading zones were implemented.

· Missed – 3 single 15 min parking bays– 1 at Laundry and 1 at the bank in Fingal St and 1 at Bakery in Park St – note all other 15min parking zones were implemented.

· Anomaly – Western end of Fingal St 1P and 2P swapped to opposite sides of the St from that shown on Chamber Plan. No real explanation other than the current arrangement accords more with the concept of increasing parking time limits as you move away from the business core however we will change to accord with Chamber Plan if required.

· Incorrect extend of 2P parking in western end of Fingal St –as a consequence of a misinterpretation of the adjustments made under the resolution that was construed as 2P for Fingal St when only the Chamber proposed 3P was all that was required to change. This area will be returned to “open”.

As noted above, the misses have now been rectified including the provision of motorcycle parking pavement markings. The scheme, complete with replacement new signage was completed 27 July 2018.

Council’s Consultants, TPS Traffic Consultants, have been contacted and asked to comment on the criticality of the misses in respect to the review of parking availability and number plate data collections as it relates to preparation and review reporting of the scheme. The consultant has been provided with “staging” plans which will identify any missed or signage errors applicable for each data collection period.

TPS advise “it can confidently be said that the matters listed have had no identifiable effect on parking supply, availability or durations. We can confidently state that none of the things you have listed would be cause to question the validity of the past or initial data collection processes or results. The best that can be said of the things you have listed is that they are ‘normal’ fine tuning which is inevitable (and desirable) in implementing any change in parking management strategy.”

Operators of the Laundry and other local business owners spoken to when undertaking the recent inspection work advised that the adjusted loading zone changes and additional 1/4P parking spaces were welcomed and provided opportunities for locals to access services where only short access times were required at all times.

Once again, parking time zone changes appear to have been accepted by the community with limited feedback or minimal issues being raised with Infrastructure Services.

Data Collection:

Monitoring and Licence Plate Recognition (LPR) data collection of the scheme has been carried out in conjunction with the collection of data for Mullumbimby and Bangalow as noted earlier in the report.

Future Actions and Reporting:

Moving forward the identified actions are:

1. Continue LPR scanning and infringement actions undertaken to date generally on a monthly basis.

2. Commence critical analysis of collected data to review the scheme’s performance

3. Undertake additional vacancy survey to supplement current data collection and to inform the review and reporting process.

4. Identify areas for improvement and any changes or modifications considered worthy of implementation to improve the parking turnover and effectiveness of the scheme.

5. Complete current investigation, design works and reporting to Council for the various areas outlined in item 5 and 6 of resolution 17-587.

6. Investigate foreshore parking arrangements east of Simpsons Creek (Torakina, South Beach Road, South Beach Lane area)

7. Based on a review period of 12 months as required by resolution 17-711 and an initial implementation date of 23 March 2018, prepare a performance review report for the April 2019 Council meeting.

Financial Implications

There are no financial implications at this time.

Statutory and Policy Compliance Implications

There are no statutory or policy compliance implications at this time.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.28

Report No. 13.28 Recycled Water Management Strategy 2017-27

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2018/1438

Theme: Infrastructure Services

Sewerage Services

Summary:

At the Council meeting on 21 June 2018 Council resolved (18-387)

Committee Recommendation 4.3.1

That Council put the Recycled Water Strategic Management Strategy (Rev 3. Attachment #E2018/43453) on public exhibition for 28 days and, if no submissions are received, adopt it or, if submissions are received, send to Council.

The exhibition period closed on 3 August 2018. Two submissions were received – one from Mr Dey and one from Mr O’Reilly.

Staff has assessed the submissions and it is considered that the key elements of each submission have been considered during the 2 workshops undertaken to develop the strategy. It is recommended therefore that Council adopt the strategy as exhibited.

RECOMMENDATION:

That Council adopt the Recycled Water Management Strategy 2017-27 as exhibited.

Attachments:

1 Email from Matthew O'Reilly regarding Submission Comments & Concerns - Recycled Water Strategy 2017-2027 PDF, E2018/67438 ⇨

2 Email from Duncan Dey - Submission for Byron Shire Recycled Water Management Strategy PDF, E2018/67440 ⇨

Report

The exhibition period for the Recycled Water Strategic Management Strategy (E2018/43453) closed on 3 August 2018 with two submissions being received – one from Mr Dey and one from Mr O’Reilly.

Mr Dey’s submission raised issues that were discussed at length during the 2 workshops. These are summarised below.

Issue	Staff Comment
The use of the term Recycled Water in the strategy title rather than effluent	This was discussed at length during the workshops. The term Recycled Water is widely used in the water industry. The strategy is about the beneficial uses of treated water produced by the Shire’s treatment plants and does not include water “dumped” into the waterways.
The Main Arm Rural Recycled Water Scheme	This was discussed at length during the workshops. The strategy includes the ongoing development of the Main Arm Recycled Water Scheme
Key aspirations should be to release water as far as possible from the ocean; and development tied to reuse	The Vision, Objectives and Strategic direction were discussed extensively at the workshops. The strategy as developed will have a beneficial effect on the waterways. Rehabilitation of degraded waterways is a key focus of the strategy.
Vision; Guiding Principles, Objectives – various comments	The Vision, Objectives and Strategic direction were discussed extensively at the workshops with consensus reached and embodied in the document as exhibited.

Mr O’Reilly’s submission relates to the integration of the Recycled Water Strategy with other planning documents of Council. The issues raised are summarised below.

Issue	Staff Comment
Integration with Council’s planning documents such as: Draft Byron Residential Strategy Byron Residential Strategy Byron Rural Land Use Strategy Byron Sustainable Agriculture Strategy	The strategy has been based on Council’s assessment of water and sewer flows projected into the future. These are based on Council’s Water and Sewerage Strategic Business Plan which references all of the relevant Council planning documents.
Development of an Urban Recycled Water Scheme throughout the northern part of the Shire	This was proposed in the early 2000’s but was rejected by the community at the time. The water industry today is moving away from such schemes particularly in wet areas due to the high cost of development and operation. The strategy however acknowledges the existing assets and includes the ongoing development of these schemes.
Delay the strategy until the Residential Land and Employment Land Strategies have been confirmed by Council and the Minister	Council will always look at being adaptive to new initiatives as development proceeds and the water and sewer systems are expanded.
Unrealistic claims of rural water use	A key element of the strategy is the development of projects which Council will control – such as a Bioenergy cropping system; and the re establishment of wetlands which require water on a continual basis. These schemes will give more certainty to recycled water usage.

Financial Implications

The Water and Sewerage Strategic Business Plan will be updated to reflect the Recycled Water Management Strategy. This will be taken to the proposed Water Waste and Sewer Advisory Committee workshop.

Statutory and Policy Compliance Implications

This strategy has relevance to the following Council policies and strategies

· Corporate Sustainability Policy

· Emissions Reduction Strategy

· Zero Emissions Target

· Sustainable Agriculture Strategy

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.29

Report No. 13.29 Coolamon Scenic Drive - Improving Road Safety

Directorate: Infrastructure Services

Report Author: Evan Elford, Team Leader Infrastructure Planning

File No: I2018/1517

Theme: Infrastructure Services

Roads and Maritime Services

Summary:

This report provides a brief outline of Council actions relating to improving traffic and road safety conditions on Coolamon Scenic Drive south of Mullumbimby.

RECOMMENDATION:

That Council:

1. Note the work to date to improve road safety on Coolamon Scenic Drive; and

2. Endorse the future actions and investigations for Coolamon Scenic Drive and Shire road network generally.

Report

Council continues to receive requests from local residents to explain how Council is addressing road safety issues on Coolamon Scenic Drive and this report provides a brief outline of the funding sources and expenditure on Coolamon Scenic Drive over recent years.

Local residents tend to believe that as a consequence of Council having prepared a Road Safety Evaluation (RSE) report for Coolamon Scenic Drive, that this then elevates the issues identified to the highest priority for Council to action.

Unfortunately, whilst an RSE may have been undertaken, it does not automatically mean that the matters raised must be the most pressing issue Council has to deal with in regard to road safety and upgrades across the shire.

Works can only be carried out when Council has resolved a budget to do the work or other funding opportunities present.

Table 1 outlines the funding approved to date and the applicable works being funded.

Table 1. Spending on Coolamon Scenic Drive South of Mullumbimby
Year	Funds	Funding Source	Works
2016/17	$20,000	RMS Grant made May 2017, completed June 2017	Road Safety Evaluation ONLY
2017/18	$20,000	Safer Roads Program – for design only	Coolamon Scenic Dr 953 - Skyfarm – Design
2017/18	$30,000	W56.375 Rural – Sealed Roads Maintenance – Line Marking 44283.011	9km of Centre Line Marking with some repainting of existing edge lines ONLY.
2018/19	$342,000	Safer Roads Program – for construction associated with previous design funding	Coolamon Scenic Dr 953 – “Skyfarm” – construction 2018/19

Safer Roads Program

2018/19 – Applications have been developed for a number of locations across the shire including for more improvement works on Coolamon Scenic Drive for construction in 2019/2020.

This required investigation of crash data and road safety audits (where they exist) and an analysis of the benefit / cost ratio prior to an application being submitted. Submissions are then processed and ranked and funding is awarded based on rank until the “funding pool” is empty.

Whilst an application may have merit, there is no guarantee that it will be funded. Council staff will continue to apply this analytical approach to ensure we are putting forward the best applications possible with the highest chance of being successfully funded. That may mean that not all audit finding results can be addressed initially but should be addressed over time as applications are made each year.

2018/19 applications for construction in 2019/20 have now closed and Council has submitted 3 applications for Coolamon Scenic Drive as detailed below which incorporate additional works to address the “intolerable” items not captured by the current approved funding for “Skyfarm”.

· Project-1231: Coolamon Scenic Drive RSE Nomination 1920 (PROJECT 1) $299,232

o Advanced warning signage including speed advisory, CAMs, line marking incl. RMP’s at 20 curves

o Advanced warning signage, line marking incl. RPM’s at 13 intersections

o Guideposts entire RSA length (16.5km)

o Remaining missing line marking incl. RPM’s along RSA length (16.5km)

· Project-1163: Coolamon Scenic Drive RSE Nomination 1920 (PROJECT 2) $302,287

o Remove sight distance restrictions at 5 concealed driveways , address sight distance at 5 locations , Upgrade 6750m2 of seal to seal to high level non-skid surface, Install 135m of new w-beam barrier including end terminals, improve line marking at intersection with Coorabel Road

· Project-1307: Coolamon Scenic Drive RSE Nomination 1920 (PROJECT 3) $300,375

o Replace approx. 930m of non complying guardrail including end terminals as per Council’s guardrail condition assessments.

In addition to the safety improvements that will come from these and the works at “Skyfarm”, Council is also undertaking landslip remediation works on Coolamon Scenic Drive which may afford an opportunity to implement further road safety improvements at that location if warranted.

Moving forward:

· Council staff will continue to review the shire road network condition including road safety to ensure maintenance budgets are appropriately prioritised and allocated.

· Council staff will continue to seek funds for road safety improvements when funding opportunities present.

Financial Implications

There are no financial implications

Statutory and Policy Compliance Implications

There are no Statutory or Policy Compliance implications

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.30

Report No. 13.30 Suspension of Council Policy 4.17

Directorate: Infrastructure Services

Report Author: Joshua Provis, Road and Bridge Engineer

File No: I2018/1531

Theme: Infrastructure Services

Local Roads and Drainage

Summary:

Council Policy 4.17 was adopted in 1995 and has lost relevance in terms of the way Council now plans its works program and drives value for money. It is also not in accordance with Council’s Fit for the Future outcomes and Council’s financial sustainability.

RECOMMENDATION:

That Council suspend the application of ‘Policy 4.17 – Contribution to the Cost of Sealing of Unsealed Roads adjacent to properties at request of owners’ until a full review of the policy is complete and a new and/or revised policy is adopted by Council.

Attachments:

1 Policy: Contribution to the cost of Sealing of Unsealed Roads adjacent to Properties at Request of Owners (Current_Policies), DM632089 ⇨

Report

The policy as it exists, allows a resident to put up the cost of the bitumen seal, while Council must budget the cost of the pavement and formation work required to bring the road up to standard ready for sealing.

In many cases it is very costly for Council to bring an unsealed road up to standard ready for sealing. Often it will be 95% of the cost, with the bitumen seal or resident component being only 5%.

Projects from the planned works program need to be cut in order to fund Council’s share of the costs under Policy 4.17.

A review of the policy is currently being undertaken following enactment of the policy for two roads, and a Strategic Planning Workshop held on 9 August 2018, as per the Council resolution (18-102) below:

1. That Council endorse application of policy 4.17 for residents affected by dust pollution on Mafeking Road and Cedar Road.

2. That the works to seal the roads be incorporated into the 2018/19 capital works program with the funding source to be determined as part of the budget process for 2018/2019.

3. That a review of policy 4.17 be undertaken with Councillors in a Strategic Planning Workshop.

4. That affected residents be thanked for their initiative and good faith proposals.

Financial Implications

Nil.

Statutory and Policy Compliance Implications

Council Policy 4.17 will not be able to be enacted by residents until the new Policy is adopted by Council.

BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy 14.1

Reports of Committees - Sustainable Environment and Economy

Report No. 14.1 Report of the Heritage Panel Meeting held on 3 July 2018

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

File No: I2018/1426

Theme: Sustainable Environment and Economy

Development and Certification

Summary:

The attachment to this report provides the minutes of the Heritage Panel meeting held on 3 July 2018.

RECOMMENDATION:

1. That Council note the minutes of the Heritage Panel Meeting held on 3 July 2018.

2. That Council adopt the following Committee Recommendation:

Report No. 4.1 State and Local listed Heritage sites bus tour

File No: I2018/1105

Committee Recommendation:

That the Heritage Panel note the report.

(Cameron/Martin)

Attachments:

1 Minutes Heritage Panel held 2 July 2018, I2018/1259 ⇨

Report

The attachment to this report provides the minutes of the Heritage Panel Meeting of 3 July 2018 for determination by Council. The agenda for this meeting can be located on Council’s website at:

https://byron.infocouncil.biz/Open/2018/07/HER_03072018_AGN_910.PDF

Financial Implications

As per the Reports listed within the Heritage Panel Meeting of 3 July 2018.

Statutory and Policy Compliance Implications

As per the Reports listed within the Heritage Panel Meeting of 3 July 2018.

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 14.2

Reports of Committees - Infrastructure Services

Report No. 14.2 Report of the Local Traffic Committee Meeting held on 31 July 2018

Directorate: Infrastructure Services

Report Author: Stephanie Tucker, Traffic and Transport Assistant

File No: I2018/1418

Theme: Infrastructure Services

Local Roads and Drainage

Summary:

This report contains the recommendations of the Local Traffic Committee from the extraordinary, electronic meeting held between 31 July 2018 and 8 August 2018.

Council’s action on the LTC advice will be:

a) If Council is in agreement with the LTC unanimous support then the proposal may be approved. In these cases there is no conflict between Council and the advice of the LTC, consequently there is no need for Council to inform the RMS or the NSW Police representatives of the decision.

b) If Council is in agreement with the LTC unanimous support, but no longer wants to proceed, the proposal may still be rejected.

c) If Council is in agreement with the LTC unanimous decline then the proposal may be rejected. Again there is no conflict between Council and the advice of the LTC. Consequently there is no need for Council to inform the RMS or the NSW Police representatives of the decision.

d) If Council decides to proceed with a proposal where the advice of the LTC is not unanimous support, then the Council must first advise the RMS and the NSW Police representatives in writing of their intention to approve the proposal. The RMS or the NSW Police may then lodge an appeal to the Regional Traffic Committee (RTC).

e) If Council decides to proceed with a proposal where the advice of the LTC is a unanimous decline, then the Council must first advise the RMS and NSW Police representatives in writing of their intention to approve the proposal. The RMS or the NSW Police may then lodge an appeal to the RTC.

Due to the fact that the RMS and the NSW Police have the power to appeal certain decisions of the Council, the LTC cannot provide its advice to Council until both the RMS and the NSW Police have provided their vote on the issue

RECOMMENDATION:

1. That Council note the minutes of the Local Traffic Committee Meeting held on 31 July 2018.

2. That Council adopt the following Committee Recommendation(s):

Report No. 6.1 Event Road Closures - Byron Lighthouse Run 2018

File No: I2018/1322

Committee Recommendation 6.1.1

1. That the Traffic Management Plan and Traffic Control Plan/s that relate to the Byron Lighthouse Run 2018, to be held Sunday 14 October 2018, which includes the temporary road closures below, be endorsed between these times:-

a) Lawson Street, between Massinger Street and Lighthouse Road, between 6:30am and 10:00am;

b) Tallow Beach Road, between Lighthouse Road and Tallow Beach Car Park, between 6:30am and 10:00am;

c) Lighthouse Road, between Lawson Street and the Cape Byron Lighthouse, between 6:30am and 10:00am; and

d) Brooke Drive, between Lighthouse Road and the Pass, between 6:30am and 10:00am.

2. That the approval provided in Part 1 is subject to:-

a) separate approval by Cape Byron Headland Trust being obtained;

b) implementation of the approved Traffic Management Plan and Traffic Control Plan/s by those with appropriate RMS accreditation and the holding of current and appropriate levels of insurance and liability cover; and

c) The event organiser:

i) advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

ii) providing copy of the advert for Council's web page;

iii) informing community and businesses that are directly impacted (e.g. adjacent to the event), including the Beach Byron Bay Café and North Coast Holiday Park Clarkes Beach, via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

iv) arranging for private property access and egress affected by the event;

v) liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

vi) consulting with emergency services with any identified issues being addressed;

vii) holding $20m public liability insurance cover which is valid for the event; and

viii) payment of Council’s Road Event application fee prior to the event.

3. That Council adopt the following Committee Recommendation(s):

Report No. 6.2 Request for Stop sign at the Intersection of Coolamon Scenic Drive and Possum Shoot Road

File No: I2018/1399

Committee Recommendation 6.2.1

That, subject to funding availability, improved delineation line marking and appropriate intersection advisory signage be installed at the intersection of Possum Shoot Road and Coolamon Scenic Drive.

4. That Council adopt the following Committee Recommendation(s):

Report No. 6.3 Event Road Closure - New Year's Eve and New Year's Day, Byron Bay 2018/2019

File No: I2018/1406

Committee Recommendation 6.3.1

1. That the Local Traffic Committee supports:-

a. Council's temporary traffic management initiatives for the Soul Street New Year's Eve event to be held in Byron Bay and approves the temporary road closure of Jonson Street, between Lawson Street through to the car park entry at Railway Park (north of Marvell Street), from 6am on Monday 31 December 2018 and its removal by no later than 7am on the Tuesday 1 January 2019.

b. Council’s temporary traffic management initiatives for the First Sun New Year’s Day event to be held in Byron Bay and approves the temporary road closure of Lighthouse Road from Brooke Road (The Pass), from 3am to 8am on Tuesday 1 January 2019.

2. That the approval provided in Part 1 remain subject to Council endorsement of the event prior to implementation and is subject to the following requirements:

a. traffic control plans are designed and implemented by those with the appropriate NSW (RMS) accreditation;

b. advertising is undertaken in accordance with the Roads Act, including the publication of a map and explanatory notes in a local newspaper and on Council's website;

c. the letterbox drop of properties adjacent to and prior of the Jonson Street closure and Bay Street, Marvell Street and Byron Street parking changes; and

d. all parties involved in Council's NYE events hold, or least covered by, appropriate and relevant levels of insurance and public liability cover as required by Council.

5. That Council adopt the following Committee Recommendation(s):

Report No. 7.1 Middle Pocket Road Petition

File No: I2018/1299

Committee Recommendation 7.1.1

That the Local Traffic Committee:-

1. Note the content of the petition in relation to Middle Pocket Road as required by item 1 of resolution 18-261 and resolution 18-236 of 19 April 2018 which addresses matters applicable for consideration by the Local Traffic Committee.

2. Support the installation of appropriate regulatory and/or advisory signage for the single lane causeways on Middle Pocket Road.

Report

The attachment to this report provides the minutes of the Local Traffic Committee Meeting of 31 July 2018 for determination by Council. The agenda for this meeting can be located on Council’s website at https://www.byron.nsw.gov.au/Council/Council-meetings/Agendas-Minutes

Management Comments

There are no management comments.

Financial Implications

As per the Reports listed within the Local Traffic Committee Meeting of 31 July 2018.

Statutory and Policy Compliance Implications

As per the Reports listed within the Local Traffic Committee Meeting of 31 July 2018.

BYRON SHIRE COUNCIL

Confidential Reports - Corporate and Community Services 16.1

Confidential Reports - Corporate and Community Services

Report No. 16.1 Confidential - Request for Tender for Minor Civil Works less than $150,000 (2018-0024)

Directorate: Corporate and Community Services

Report Author: Bronwyn Challis, Strategic Procurement Co-ordinator

Dean Baulch, Principal Engineer, Systems Planning

File No: I2018/1425

Theme: Infrastructure Services

Water Supplies

Summary:

On 20 March 2018, the Acting General Manager, under delegated authority, approved the use of the open tender method to call for tenders for Contract 2018-0024 Minor Civil Works less than $150,000.

The Request for Tender was advertised from 12 June 2018 to 17 July 2018. Tenders were received from the following organisations:

· A&E Martin trading as Clearflow Australia

· Brown Contractors

· Civil Contracting Solutions

· Fewster Bros Contracting

· Fulton Hogan

· J&M Bashforth and Sons

· Mal Geyer Concreting

· Mr Martin Tolley

· Powell and Powell

· Sidewinders Advertising

· Smith Plant (Lismore)

· Tallow Tree Services

Tenders have been assessed in accordance with the provisions of the Local Government (General) Regulations 2005. This report summarises the background and assessment of the tenders and provides a recommendation to award the tender for Contract 2018-0024.

RECOMMENDATION:

1. That pursuant to Section 10A(2)(c) and (d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Request for Tender for Minor Civil Works less than $150,000 (2018-0024).

2. That the reasons for closing the meeting to the public to consider this item be that the report contains:

a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:

information, if disclosed, could prejudice the commercial position of the person who supplied it.

OR, ALTERNATIVELY WHERE THE MEETING IS NOT PROPOSED TO BE CLOSED:

RECOMMENDATION:

1. That pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the Annexures to the report, Request for Tender for Minor Civil Works less than $150,000 (2018-0024) are to be treated as confidential as they relate to matters specified in s10A(2)(c) and s10A(2)(d)i of the Local Government Act 1993.

2. That Council adopt the recommendation set out on the final page of the Report.

Attachments:

1 Confidential - 2018-0024 Minor Civil Works Tender Evaluation Report Final Signed, E2018/64771

BYRON SHIRE COUNCIL

Confidential Reports - Corporate and Community Services 16.2

Report No. 16.2 Confidential - Council purchase from Health Administration Corporation- Mullumbimby War Memorial Hospital site and Site Remediation

Directorate: Corporate and Community Services

Report Author: Ralph James, Legal Counsel

Sarah Ford, Manager Community Development

Michael Crosbie, Project Officer

James Brickley, Manager Finance

Phil Warner, Manager Assets and Major Projects

File No: I2018/1513

Theme: Corporate Management

Corporate Services

Summary:

This report outlines the status of the proposed purchase and necessary remediation of the Mullumbimby War Memorial Hospital site. It also outlines work being undertaken by the Project Reference Group (PRG).

Proposed Purchase

By letter dated 10 May 2017 the Minister for Health made an offer to Council to enter into

a contract for sale for $1 and accepting the property “as is” including any contamination or hazardous substances on the site and on the basis that NSW Health is fully indemnified of any future liability for any claim to costs for demolition of buildings and remediation of the site; and that Council arrange for demolition of all buildings and remediation of the site at Council’s cost.

The Minister’s offer was considered by Council and an alternative proposal was put to the Minister.

By letter dated 25 September 2017 the Minister put a revised offer to Council agreeing

to remove the conditions of sale requiring demolition of the buildings on certain conditions.

Council considered each of the Minister’s offers and resolved to receive a further report on the projected costs of contaminated site management, site holding costs, demolition of all structures and full site remediation for the site.

On 20 March 2018 Council received a revised contract.

The terms and implications of that contract were reported to Council on 24 May 2018.

On 24 May 2018 Council resolved (RES 18-339) to note the status of contract negotiations and endorse the position taken by the (then) Acting General Manager.

This report updates developments in contract negotiations and address budget requirements and associated funding.

Remediation

On the 1 February 2018 Council considered a report on potential demolition of the Mullumbimby Hospital and resolved (RES 18–048) in part:

2. Under the provisions of the Local Government Act Section 55(3)(i), enter into direct negotiations with the demolition contractor previously appointed by NSW Health to complete the demolition works.

3. Receive a further report once those negotiations are complete and the project budget figures are clarified.

The purpose of this report is to present to Council the outcome of negotiations and to seek

approval to enter into a contract to complete the demolition and remediation, should Council complete a contract to purchase the Mullumbimby and District War Memorial Hospital.

Project Reference Group

A Project Reference Group was formed with 21 members (including 4 councillors) with the purpose of providing advice and recommendations to Council on the best outcome for the site, considering the wellbeing of the whole community, the environment and future generations. Their core value is to create benefit and collective wellbeing for the whole community.

The group recognise the opportunity to realise the social, environmental, civic and economic potential of the site and to ensure financial sustainability and guarantee that future generations are not financially burdened.

RECOMMENDATION:

1. That pursuant to Section 10A(2)(c), (d)i and (d)ii of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report DRAFT Council purchase from Health Administration Corporation- Mullumbimby War Memorial Hospital site and Site Remediation .

2. That the reasons for closing the meeting to the public to consider this item be that the report contains:

a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

c) information that would, if disclosed, confer a commercial advantage on a competitor of the council

3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:

The reasons for closing the meeting to the public to consider this item are that the report contains information on contract negotiation. The report contains information of a commercial nature.

Attachments:

1 Confidential - Signed letter - Transfer of the former Mullumbimby Hospital to Byron Shire Council, E2018/28443

2 Confidential - Contract for the sale of land - March 2018, E2018/28444

3 Confidential - Letter - Mark Arnold to Jan Schmidt (Director Asset Management NSW Health) - BSC Purchase of former Mullumbimby Hospital Site - Amendments to Contract not previously considered by Council, E2018/35563

4 Confidential - email from Health setting out outcomes of meeting between Health and Council, E2018/67303

5 Letter from Minister for Health 27 July 2018, E2018/66891

6 Confidential - Letter from Health as to contract terms, E2018/67555

7 Confidential - Demolition Proposal V6(4), E2018/24638

8 Confidential - Tender Evaluation, E2018/47047

BYRON SHIRE COUNCIL

Confidential Reports - Infrastructure Services 16.3

Confidential Reports - Infrastructure Services

Report No. 16.3 Confidential - CONTRACT 2018-0028 100mm Water Main Rail Corridor Byron Bay

Directorate: Infrastructure Services

Report Author: Dean Baulch, Principal Engineer, Systems Planning

File No: I2018/1404

Theme: Infrastructure Services

Water Supplies

Summary:

On 25 June 2018, the General Manager, under delegated authority, approved the use of the open tender method to call for tenders for Contract 2018-0028 100mm Water Main Rail Corridor Byron Bay.

The Request for Tender was advertised from 4 July 2018 to 26 July 2018. Tenders were received from the following organisations:

· FB Contracting Pty Ltd

· Ledonne Constructions Pty Ltd

· Coffs Harbour City Council

· Civil Contracting Solutions Pty Ltd

Tenders have been assessed in accordance with the provisions of the Local Government (General) Regulations 2005. This report summarises the background and assessment of the tenders and provides a recommendation to award the tender for Contract 2018-0028.

RECOMMENDATION:

1. That pursuant to Section 10A(2)(c), (d)i, (d)ii and (d)iii of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report CONTRACT 2018-0028 100mm Water Main Rail Corridor Byron Bay.

2. That the reasons for closing the meeting to the public to consider this item be that the report contains:

a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

b) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

c) information that would, if disclosed, confer a commercial advantage on a competitor of the council

d) information that would, if disclosed, reveal a trade secret

3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:

(a) disclosure could adversely impact Council's position in the upcoming negotiations.

OR, ALTERNATIVELY WHERE THE MEETING IS NOT PROPOSED TO BE CLOSED:

RECOMMENDATION:

1. That pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the Annexures to the report, CONTRACT 2018-0028 100mm Water Main Rail Corridor Byron Bay are to be treated as confidential as they relate to matters specified in s10A(2)(c), s10A(2)(d)i, s10A(2)(d)ii and s10A(2)(d)iii of the Local Government Act 1993.

2. That Council adopt the recommendation set out on the final page of the Report.

Attachments:

1 Confidential - 24.2018.19.1 Tender Evaluation Plan Contract 2018-0028, E2018/65673

2 Confidential - 24.2018.19.1 Tender Evaluation Report Contract 2018-0028, E2018/65711