Agenda

 

Ordinary Meeting

 

 Thursday, 27 February 2020

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

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

 

 

 

Mark Arnold

General Manager

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

 

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

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

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

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

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

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

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

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

 

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 (Cl 4.9 Code of Conduct for Councillors)

6.    Adoption of Minutes from Previous Meetings

6.1       Ordinary Meeting held on 12 December 2019

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

8.1       Supporting Housing above Council Owned Carparks...................................................... 5

9.    Notices of Motion

9.1       Julian Assange................................................................................................................ 13

9.2       Petria Thomas Swimming Pool in Mullumbimby - Conversion to year round facility.... 15

9.3       Positive Change for Marine Life - River Warriors Program............................................ 17

9.4       Support for Arts Northern Rivers.................................................................................... 21

10.  Petitions

11.  Submissions and Grants

11.1     Submissions and Grants Report - February 2020.......................................................... 22

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Lease over road reserve adjoining 27 Marine Parade Byron Bay.................................. 25

13.2     Lease to Scouts NSW for occupation of the Byron Bay Scout Hall............................... 29

13.3     Lease to Byron Region Community College Inc............................................................. 34

13.4     Variation of temporary Byron Farmers Market licence at Cavanbah Centre................ 39

Corporate and Community Services

13.5     National General Assembly of Local Government 2020................................................ 43

13.6     Heritage Advisory Panel - Representatives.................................................................... 46

13.7     Investments - 1 January 2020 to 31 January 2020........................................................ 49

13.8     Delivery Program 6-monthly Report and 2019/20 Operational Plan Second Quarter Report - Q2 - to 31 December 2019.......................................................................................................... 57

13.9     Investments - 1 December 2019 to 31 December 2019................................................ 60

13.10   Budget Review - 1 October 2019 to 31 December 2019............................................... 67

13.11   Policy Review  - Policies for repeal (part 3).................................................................... 77

13.12   Council Resolutions Quarterly Review - Q2 - 1 October to 31 December 2020........... 84

13.13   Update following sale of birds from The Lighthouse Sculpture...................................... 87

13.14   Councillor Representatives to the Cape Byron Headland Reserve Trust Board............ 90

13.15   Electricity Contract.......................................................................................................... 92

Sustainable Environment and Economy

13.16   Compliance Priorities Program Report 2019.................................................................. 94

13.17   Tallow Creek Urgent Dog Management - update on Res 19-602................................ 106

Infrastructure Services

13.18   Belongil Creek Catchment Update............................................................................... 115

13.19   Tender 2019-0037 Repentance Creek Road Causeway Upgrade.............................. 121

13.20   Council Resolution 19-322 Update - Brunswick Heads Periodic Parking.................... 125

13.21   Relocation of Byron Bay Netball Club to Cavanbah Centre and Outdoor court lighting. 132

13.22   Bioenergy Facility Vendor Selection and Future Work Plan......................................... 135

13.23   Suffolk Park Pump Track Location.............................................................................. 146

13.24   Tender 2019-0066 Byron Creek Bridge Replacement................................................. 152   

14.  Reports of Committees

Infrastructure Services

14.1     Report of the Local Traffic Committee Meeting held on 6 December 2019................ 156

14.2     Report of the Transport and Infrastructure Advisory Committee Meeting held on 3 December 2019....................................................................................................................................... 159

14.3     Report of the Transport and Infrastructure Advisory Committee Meeting held on 30 January 2020....................................................................................................................................... 161

14.4     Report of the Water, Waste and Sewer Advisory Committee Meeting held on 30 January 2020....................................................................................................................................... 164

14.5     Report of the Local Traffic Committee Meeting held on 28 January 2020.................. 167   

15.  Questions With Notice

Questions with Notice: A response to Questions with Notice will be provided at the meeting if possible, that response will be included in the meeting minutes.  If a response is unable to be provided the question will be taken on notice, with an answer to be provided to the person/organisation prior to the next Ordinary Meeting and placed on Councils website www.byron.nsw.gov.au/Council/Council-meetings/Questions-on-Notice

 

 

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

 

Mayoral Minute                                                                                                                         8.1

 

 

Mayoral Minute

 

Mayoral Minute No. 8.1       Supporting Housing above Council Owned Carparks

File No:                                  I2020/180

 

  

I move that Council:   1.    Support, in principle, facilitating the establishment of diverse and affordable housing on Council owned carparks, without decreasing the current number of available car parking spaces and having regard to the need to avoid negative impact on recent investment in emissions reduction capability.   2.    Extend an invitation to housing providers to a preliminary session to ascertain requirements, possibilities and challenges for establishing housing above Council carparks, and that:   a)    This session is to be a ‘without prejudice’ discussion prior to any activation of a more formal EOI process; b)    Council provides for internet based attendance.   3.    Prior to this meeting, create a list of possible sites for discussion and consideration.

 

 

 

 

Background Notes:

 

Councils have an often volatile relationship with ‘development'-especially Byron. Mostly, Councils process what is brought to us within guidelines and rules largely created by the State Government. Sometimes we fight against poor development proposals. And sometimes, we can help enable great development proposals.

 

This Mayoral Minute seeks support for Council to explore how we can enable developments that are greatly needed by our some within our community and which have the potential to be designed and created with innovation, sustainability and beauty.

 

As we all know all too well, affordable housing, or housing that is appropriate for the housing needs of very low, low and moderate-income households is in dire short supply in Byron Shire.

 

Byron Council has a long held, and long term commitment to strengthening and supporting our diverse community with appropriate housing and by demonstrating strong leadership.

 

Though we know that all levels of government must be active and involved in contributing to increasing the supply of Affordable Housing, and that local government is the least empowered level of government to do so; we should continue to try and do what we can, where we can and how we can.

 

Currently, Council is actively exploring ways of working effectively with the State Government to increase the supply of Affordable Housing within the shire via innovative and flexible planning provisions. We also continue to support an inter- governmental approach to address the housing challenges facing many residents of Byron, the Northern Rivers and Australia more generally.

 

As well as focusing on advocacy and partnership, Council is exploring how its own assets can be used for Affordable Housing and thus far, this has been through looking at its vacant or unused land.

 

Now, we should join other councils both nationally and internationally who are looking to add value to their ‘lazy land’, or ‘lazy airspace’. 

 

According to the University of Melbourne, (School of Design, Faculty of Architecture)

Project 3000: Producing Social and Affordable Housing on Government Land 2018, Lazy Government Land is defined as “any government site currently occupied by a land use that could be mixed with affordable and social housing but is currently not and where existing buildings are currently under four storeys.” This could include, libraries, community and neighbourhood centres, ground level car parking, shopping and offices, some healthcare facilities, social services and childcare facilities.

 

Adding an affordable housing project above a ground level car park could have three main benefits: it can minimise the impact of spatial dislocation of low income households by providing housing within town centres, it can reduce the cost of creating housing, and it can make better use of existing assets.

 

Starting with Why

 

So, why do it?

Using our land to facilitate the creation of housing provides a high level of influence and control, providing some great possible outcomes:

 

1. It can ensure Council chaperones environmentally sustainable design (ESD) principles into designs to reduce energy use for future residents of the building. This would provide an environmental benefit as well; reducing the utility bills for the low income household and establish leadership in promoting sustainable design.

 

2. It can help improve the wellbeing of people in a low income household by  providing opportunities for people to live within their existing community even when they can no longer afford the private rental market or if they need to downsize from a family home.

 

3. It can facilitate cultural diversity, and support for housing for our local indigenous mobs.

 

4. It can enable low income workers to live close to where they work. This reduces the time and cost of travel to work and means they have more funds available for economic participation in the local community.

 

5.Simply put, it can make it financially stack up. Affordable and social housing developers face significantly higher land costs today than in the last three decades. Land typically constitutes between 10% and 30% of development costs (Urbis 2011). By providing land for a nominal fee, affordable housing provision is more possible. The value and therefore cost of land within the Byron Shire makes it difficult for non-profits to develop social housing. Council leasing its land to non-profits for a nominal fee would eliminate this cost for housing providers.

 

Ownership Considerations

 

Though many twists along the road need to be travelled before final decisions are reached, and without any desire to pre-determine outcomes, it would seem reasonable to assume that the statutory regime may consist of a long-term lease. The term of such lease is limited to 50 years under the Local Government Act. The rental amount can be set by Council and hopefully, that it would be a nominal, or peppercorn amount to ensure the financial viability and to navigate around the high land cost barriers currently faced by low cost housing providers.

 

The benefit of the lease option is that the land remains in public ownership and Council would retain significant control over the site. Council could establish requirements for the use and development of the land and enforce these through the lease conditions. A lease would provide Council with the highest level of control over the site with the benefits for our community as shared earlier. A lease is aligned with Council’s preferred position of ensuring public land remains within public ownership.

 

A potential shortfall of establishing a leasing regime is that a lease provides less certain tenure and it may prove difficult for a housing association to secure finance or funding.

 

Expression of Interest Process

 

Again, much road will be travelled prior to decisions being finalised, however, I would encourage that within the Expression of Interest (EOI) process to identify a suitable tenant for the site, the tenant would ideally be a registered housing association or a charitable organisation capable of delivering affordable housing on the site.

 

Relationship with other Council Plans and Strategies

Providing, or at least supporting, the provision of diverse housing within the Shire is an outcome that is consistently espoused across numerous Council Plans and Strategies. This is the case within our overarching, umbrella strategic planning program- Our Byron Our Future: Community Strategic Plan 2028 (CSP) and its accompanying Delivery Program 2017-2021 and Operational Plan 2019-2020. Within the CSP it states, “The community told us quite clearly, to “Providing strategies to ensure living in Byron Shire is affordable for locals and future generations, and to ensure young people don’t have to move from the area due to lack of employment or housing options.” Pertinent sections within the identified Community Objectives include:

 

•  INFRASTRUCTURE: We have infrastructure, transport and services which meet our expectations

•  COMMUNITY: We cultivate and celebrate our diverse cultures, lifestyle and sense of community, specifically, ‘support and encourage our vibrant culture and creativity’ and ‘support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community.’

•  GROWTH: We manage growth and change responsibly, specifically, ‘support housing diversity in appropriate locations across the Shire’ and ‘establish planning mechanisms to support housing that meets the needs of our community.'

•  GOVERNANCE: We have community led decision making which is open and inclusive

 

Council has also outlined its commitment to supporting diverse and accessible housing, seen through the following Housing Affordability Initiatives:

•  North Coast Community Housing Project, Station Street Mullumbimby

•  Lot 22 Stuart Street, Mullumbimby

•  Expressions of Interest for Affordable Housing

•  Residential Strategy housing affordability measures

•  Our Housing Challenge: Local Communities: Local Solutions:  Byron Perspective - 10 May 2019

•  Housing Charrette, November 2018

•  Byron Housing Roundtable, 5 July 2018

•  Housing Summit, 10 February 2017

 

Lastly, Council’s Homelessness Policy contains the recognition that all people have a right to housing that meets their individual needs

 

 

Possible Sites

 

Currently council holds quite a few parcels of land utilised for car parking. Some of these include the Council Administration building carpark, the Cavanbah Centre, North and South Lawson St Byron Bay, and Station St Bangalow. Of course if a pilot project proves successful, it could inspire State government owned land to follow suit.

 

Possible Housing Types

 

The exact types of Affordable Housing (e.g. social housing, shared equity housing) that could be provided through the development will naturally be explored through the EOI process, or outlined by Council within the EOI process. The mixture of Affordable Housing types that can be provided is influenced by financial viability, available funding sources, different housing needs within our community and wider planning models to ensure diversity and a healthy interaction with the wider township. All things considered, Affordable Housing developments would most likely comprise a range of housing across the Affordable Housing continuum, and be available to people with a range of incomes (between the very low to medium income brackets).

 

Examples from Elsewhere

 

Australia

 

Transforming Housing is currently working with the Lord Mayor’s Charitable Foundation and the City of Darebin on an Affordable Housing Challenge: transforming the air rights above a council parking lot into at least 60 social housing homes, as well as additional affordable rental homes.

 

Seen here, the City of Port Phillip has also recently completed an affordable housing development above one of its own carparks.

 

 

The UK

 

Overseas, this seems a more matured development process. The London firm Zedpods (zedpods.com) are an exciting case in point. Erected on piles above car parks, they preserve both the original parking space whilst offering cheap and quick-to-build housing above. The dead air space above a parking bay becomes a home for someone to live in. Dwellings come with an open-plan kitchen and living room (with an adjoining bathroom and balcony) takes up the space directly above the car parking space, whilst a mezzanine floor above provides a reasonable double bedroom.

 

They can be built in a single terrace above one line of parking spaces, or in two facing lines with a communal space in the middle if the car park is bigger.

 

There are double pods, too – with space for two bedrooms, a larger open-plan dining-living area, and a separate kitchen.

 

 

 

And for the more ambitious-minded car-park owner, the homes can be stacked in two stories, though the construction of these involves resurfacing the car park

 

 

Germany

 

These wooden structures are an excellent building material which is ideally suited to its pre-fabrication and aesthetic radiance to build quickly houses, also just because of the massive immigration. This project proposes in its feasibility study to create in Koblenz on the area of the university a prototype as a superstructure of the parking lot in front of the university.

	Here prefabricated modular components should be used for affordable housing. Due to the high prefabrication wooden structures allow a fast, efficient and economical construction process. In addition to shortening the construction period the modular design allows a big flexibility.
	Finally, the planning for this multi-storey residential building is transferable to other plots. The supporting structure allows adaptable floor plans in all three residential floors, which can be divided individually via light partitions. The supporting structure consists of composite floors made of wood and concrete.

 

The three upper floors have common areas. Access is via a staircase. If required a lift can be installed. A solar system on top of the roof for heating support is planned. The building is designed for refugees and foreign students, suggesting to build 4 houses in the first phase.

Source by HennerHerrmanns.

 

 

Signed:   Cr Simon Richardson

  

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Julian Assange

File No:                                  I2020/17

 

  

I move that Council:   1.       Notes that WikiLeaks publisher, Julian Assange, was a resident of the Northern Rivers region, spending four years living in Lismore from 1979 to 1983.   2.       Notes that Julian Assange is in very poor health and facing extradition from the UK to the US in an unprecedented Espionage Act prosecution for engaging in journalistic activity. If convicted, he faces 175 years imprisonment and potentially the death penalty, therefore needs urgent consular support to help him prepare his defence.   3.       Notes that Amnesty International’s Deputy Director for Europe, Massimo Moratti said the UK must not extradite Julian Assange to the USA and that: a)      “The British authorities must acknowledge the real risks of serious human rights violations Julian Assange would face if sent to the USA and reject the extradition request. The UK must comply with the commitment it’s already made that he would not be sent anywhere he could face torture or other ill-treatment. b)      “The UK must abide by its obligations under international human rights law that forbids the transfer of individuals to another country where they would face serious human rights violations. Were Julian Assange to be extradited or subjected to any other transfer to the USA, Britain would be in breach of these obligations.”   4.       Notes that UN Special Rapporteur on torture, Nils Melzer said:           “My most urgent concern is that, in the United States, Mr Assange would be exposed to a real risk of serious violations of his human rights, including his freedom of expression, his right to a fair trial and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.”  He also stated, “In 20 years of work with victims of war, violence and political persecution he has never seen a group of democratic States ganging up to deliberately isolate, demonise and abuse a single individual for such a long time and with so little regard for human dignity and the rule of law”.   5.       Notes that in a recent interview on RN Breakfast with the leading torture expert, Nils Melzer, he warned that Mr Assange could die in prison before getting his day in court and confirmed that the British government’s handling of the extradition case is in blatant contravention of international Human rights Law.   6.       Writes to the Australian Foreign Affairs Minister requesting that the Australian government must immediately step in to ensure the British authorities address his poor health condition and to uphold the Human Rights of an Australian citizen just as they would if Mr Assange was being held in Iran, Egypt, Cambodia or Indonesia. They must not turn a blind eye to the violation of any Australian's human rights, just because it is occurring in the West. The letter should also reference the points made above.   7.       Writes to all our local State and Federal representatives asking to either join or support the Bring Assange Home Parliamentary Group, which is currently made up of 11 MPs from across party lines.

 

 

 

 

Signed:   Cr Sarah Ndiaye

 

Councillor’s supporting information:

 

The motion provides all relevant information.

 

Staff comments by Vanessa Adams, Director Corporate & Community Services

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

 

Should the Notice of Motion be adopted officers will draft letters accordingly for signature by the Mayor.

 

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Petria Thomas Swimming Pool in Mullumbimby - Conversion to year round facility

File No:                                  I2020/29

 

  

I move that Council:   1.       Conduct a feasibility study into the financial viability of converting the Petria Thomas Swimming Pool in Mullumbimby into a year round, solar heated facility that could service the needs of the local and visitor population, by adding a disability access ramp to the existing 50 metre pool, a splash children’s pool and a rehabilitation pool.   2.       Look into the public health and social benefit that this facility would provide.   3.       Research other council areas that have installed similar facilities such as Ballina Shire to see how these types of projects have worked in other similar communities.    4.       Allocated the appropriate budget to conduct this study in the 2020/21 budget.   5.       Identify potential funding sources including money from Council’s own funds and appropriate grant opportunities and relevant timelines.

 

 

 

 

Signed:   Cr Sarah Ndiaye

 

Councillor’s supporting information:

 

Mullumbimby has grown with the addition of Tallowood and the amount of people serviced by this village has grown to 3,500 directly and approximately 7,000 when you take in the hinterland and the suburbs to the north such as Brunswick Heads, Ocean Shores and New Brighton. The shire has long needed a year round place to swim laps for their physical and mental health and more appropriate rehabilitation facilities for people recovering from injury or just maintaining health aging practices. While a fully equipped hydrotherapy pool may not be possible, a warm water pool for general aquatic fitness programs and basic level aquatic therapy would be a highly appreciated addition to our region.

 

The Open Space and Recreation Needs Study 2018 identified that ‘our community wants recreation, sports and aquatic facilities to meet the Shire’s needs’ and while their may be some funding challenges to overcome, this pool has a long history of being able to garner community support to make things happen. The first Chincogan Charge in 1960 was a fundraiser to build the swimming pool and the second race happened in 1967 to celebrate its opening. Since then the community have also raised money for some of the upgrades and other refurbishments. Both the State and Federal Governments have also had a variety of rounds of funding that a project such as this could meet the criteria. It is important we get the feasibility study underway to see if it is a viable option and to apply for these funding grants.

 

Notes from the Recreational Study regarding the pool included: 

“The Petria Thomas Swimming Pool is the only 50 metre pool in the Shire. Open between October to March, some survey respondents indicated they are keen for the facility to be heated and open year-round. Council’s Access Consultative Working Group advised that access into the facility is not currently provided, for example there is no disabled parking, kerb and guttering or all abilities pedestrian access, making access to utilise the facility difficult. It is recommended that the Access Consultative Committee Working Group, Mullumbimby High School and Petria Thomas Swimming Pool operators work with Council to review pedestrian movement to address these issues. In addition, while it is extremely expensive to add a ramp into the pool, any future retrofitting or redesign of the pool should consider the addition of a ramp, especially with an ageing community.”

 

The Mullumbimby Residents Association has long been interested in helping to make this vision a reality for our community and has recently been collecting signatures in support of the project and garner community interest. To date they have over 1,000 signatures in support. They have also had preliminary concept drawings prepared and while they may not meet all the necessary requirements, they allow people to reimagine the space and the opportunities it could present. So far the response has been very enthusiastic with hundred already signing the petition.

 

While discussions have gone on around the possibility of redeveloping the pool at Main Beach or building an aquatic centre at the Cavanbah Centre, there have been multiple challenges at both of these sites. Byron Bay is getting a huge investment in both the bike track from Suffolk Park to Byron as well as the multi-million dollar skate park that has been earmarked for the area behind the YAC and the Byron Library. This project would help service the needs of the broader community and add value to the experience of living in the hinterland and the northern parts of the Shire.

 

For a long time the main objection has been the cost, however the Ballina Shire have shown that this does not have to be the case. Having completed a full overhaul of their facility, the new facility was expected to continue running at a deficit, however it is now running at a profit. The popularity of a facility like this could see it breaking even or increasing revenue for council and providing a host of benefits for the community.

 

Staff comments by Michael Matthews, Manager Open Spaces and Resource Recovery

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

 

The redevelopment of the Petria Thomas Swimming Pool would provide the opportunity to achieve full accessibility in compliance with current standards and best practise.  It would also provide significant opportunity to improve the facilities operational efficiency through the use of modern equipment and technologies.

 

There are recent examples of pool redevelopment to current standards that have moved the facilities financial position from an operating deficit to an annual profit through significantly improving the facilities utilisation relative to its operating costs.

 

Financial/Resource/Legal Implications:

 

Aquatic facility design including upgrades is a specialist field that involves multi-disciplinary engineering skills including Civil, Electrical, Mechanical, Environmental and architectural disciplines.  A budget to achieve a Grant ready project that could achieve all of the desired outcomes could be sought from the market and put forward within Council’s 2020/21 budget process. 

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

Such a project is consistent with Provide active and passive recreational Community space that is accessible and inclusive for all.  Ensure ongoing maintenance and upgrade of inclusive community buildings and swimming pools, Increase accessibility of facilities, Provide council buildings which are water and energy efficient.

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Positive Change for Marine Life - River Warriors Program

File No:                                  I2020/52

 

  

I move:   That Council supports Positive Change for Marine Life in its request for $20,000 to employ a person locally to coordinate their River Warriors Program as part of our overall objective of ‘Bringing Back the Bruns’, creating a healthy river system, supporting our local biodiversity and marine environment.

 

Attachments:

 

1        Letter of Support from NSW Department of Primary Industries- River Warriors Program - Positive Change for Marine Life, E2020/3535  

 

 

Signed:   Cr Sarah Ndiaye

 

Councillor’s supporting information:

 

The Brunswick River System is a vital lifeline in our region. For many years it has been neglected, used as a dump site in parts, had inappropriate and non fish friendly crossings built across it, it’s been polluted with toxic chemicals and run-off, had cattle pollute it, had it’s vegetation cleared and weeds grow in and around it. Through multiple initiatives that include the work of local community groups, land owners, council and the Department of Fisheries, we’re seeing a renewed interest in the rivers overall well being.

 

Positive Change for Marine Life are a local environmental group that have worked tirelessly to reduce plastic waste in our oceans and waterways and educate thousands of people along the way. They started in the Byron Shire but have since branched out up and down the coast and now overseas.

 

Positive Change for Marine Life recently received notification that we were successful in a Federal Government grant through recommendation from Justine Elliott’s office. This will in part fund a River Warriors Coordinator to take over and ramp up the Brunswick River project. They are seeking an additional $20,000 to cover the funding gap and to employ a person as the joint River Warrior’s / Byron Bay Coordinator two days per week.

 

Attached are the reports from Phase I and II of our Queensland Government CSA grant, with total funding allocated at $47,000. All of these outcomes were achieved over an 18-month period and had media coverage across channel 7 and 9 News, Gold Coast Bulletin, 4ZZZ FM, ABC Radio Gold Coast and Brisbane, Gold Coast Bulletin, as well as across social media networks. They clearly show the quality and quantity of environmental benefit achieved in this period. We need this kind of education and engagement to clean up the Bruns. PCFML have a proven track record of delivering great outcomes for ours and other communities. While some may suggest we should open this up to the public, no other organisation is offering similar programs so going through an EOI process will remove the opportunities presented by the current funding they have already been allocated and waste valuable time.

 

About the River Warriors Program

Positive Change for Marine Life’s (PCFML) River Warriors initiative commenced in July 2017 when PCFML sponsor, The Byron Bay Cookie Shack drew our attention to a large amount of debris and pollution in the Brunswick River in northern NSW. The business offered us their support to run a kayak-based clean-up in order to collect the debris and find out exactly what was there and where it came from, whilst raising awareness to the issue throughout the broader community.

In just one public-facing clean with project partners The Byron Bay Cookie Shack, Go Sea Kayaks, Byron Bay Eco Cruises and Kayaks and Mullum Cares, they managed to collect over 1.5 tonnes of debris - with 34 volunteers covering a 12km section of the river. Over the course of the following 6 months they developed a plan of action to address this issue at its source through ongoing surveys and engagement programs. They called the initiative River Warriors.

Reaching out to like-minded community groups, organisations and individuals in specific regions across northern NSW and SE QLD (which are both home to diverse species and where debris levels were noticeably high), they commenced Phase I of their first full-time River Warriors project on Tallebudgera Creek, QLD in May 2018.

The main focus for the River Warriors projects is to:

1)      Run consistent kayak-based surveys from source to sea (or as close to these areas as accessible) collating and recording data on type, quantity, presence and source of marine debris in order to mitigate it;

2)      Upload data into our ongoing marine debris database, as well as Tangaroa Blue’s Australian Marine Debris Initiative (AMDI) database in order to keep a record of findings, as well as to feed into and support ongoing research into debris patterns and solutions;

3)      Produce a Marine Debris Report Card, the first of its kind to not only highlight the issue of debris in waterways, but also to develop realistic and ongoing management solutions and a marine debris rating system for waterways based upon key variables outlined in our findings;

4)      Utilise the Report Card to assist us in Phase II of the project, which aims to engage the community in our work through: awareness programs, educational signage, regular on-water clean-ups, as well as the exploration of strategic bins, litter mitigation devices, enforcement and monitoring programs, as well as a flood response plan;

5)      Produce a subsequent report at the completion of Phase II, highlighting successes and challenges and determining ongoing actions to ensure the creek can continue to move toward or maintain an ‘A’ rating in the Report Card;

6)      Obtain further funding for a Phase III component of the project, installing mitigation measures, facilitating a local Action group to lead the way in moving the waterway towards an “A” rating, and conducting another round of surveys to monitor changes to debris loads since the programs inception.

Since they were awarded with a Queensland Government Community Sustainability Action Grant to support the Tallebudgera Creek project in early 2018, they have been awarded subsequent funding to roll the project out across regions in Northern NSW, SE QLD and Brisbane area. They continue gathering baseline data from waterways in need across NSW and QLD, whilst engaging local stakeholders in practical, hands-on solutions to address marine debris at its source - creating long term behavioural change and a culture of stewardship for these places of incredible ecological, recreational and economic importance.

Below is some information about River Warriors school based education programs offer, which are free.

Our River Warriors: Source to Sea educational programs engage students in the topics of marine debris and ocean pollution. We outline the environmental, social and human health impacts associated to human waste that currently affects our ocean, as well as solutions that we can all take to address the issue at its source. The 45 minute presentations engage students through a series of questions, photographs, information and short videos that explain:

 

1)      Why the Ocean is important;

2)      What is marine debris;

3)      The problems associated to marine debris;

4)      How we all contribute to the problem;

5)      How we can work independently and collectively to solve the problem;

6)      PCFML and what we do;

7)      Our approach locally to solving the issue, including our River Warriors initiative on the Brunswick River.

PCFML staff hold a current Working With Children Card (QLD Blue Card), current First-Aid Certificates and we hold public liability insurance to $20 million for up to 50 people on-water and unlimited numbers on land.

 

Staff comments by Lucy Wilson, Resource Recovery Education Officer, Infrastructure Services:

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

 

1.    While PCFML’s River Warriors Program is an important environmental initiative, Council staff have committed to undertaking a transparent and equitable process for engaging with community organisations requesting funding assistance of this nature, through the Community Initiatives Program 2019. This program allows for an allocation of up to $5,000 for this type of activity by a not for profit organisation. Therefore, a direct request for financial assistance from Council for a program - that has also not been identified as a strategic priority - conflicts with this agreed process, a process that Positive Change for Marine Life requested.

 

2.    The Notice of Motion states that “PCMFL are seeking an additional $20,000 to cover the funding gap and to employ a person as the joint River Warrior’s / Byron Bay Coordinator two days per week.

 

3.    The River Warriors Program has not been identified as a project in Council’s IDLEEP, nor does it align with any of the actions in the Integrated Waste Management and Resource Recovery Strategy (for adoption), and as such there is no allocated budget for a river clean-up project within Resource Recovery for 19/20.

 

4.    Council currently provides In-kind support for the River Warrior Program through rubbish collection, waste disposal costs and staff time at an estimated cost of between $400 - $500 per clean up.

 

5.    The River Warriors Program is more closely aligned with the overall objectives of the Bringing Back the Bruns Project, and if supported, it is recommended that it should sit within that program, however this would need to be specifically confined to the River Warriors program, and not for a broader role across the Shire. Council currently resources a full time position to run litter and illegal dumping programs across the shire.

 

 

Financial/Resource/Legal Implications:

 

If the proposal is supported by Council, appropriate funding source is General Revenue

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes - 3.2.2 Support community environmental and sustainability projects

 

The Community initiatives program can provide up to $5,000 to a not for profit organisation.

 

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Support for Arts Northern Rivers

File No:                                  I2020/173

 

  

I move:   That Council write to Arts Northern Rivers to express our support for their open letter to the Hon Paul Fletcher MP and write to the Minister for Communications, Cyber Safety, and the Arts expressing that support.

 

Attachments:

 

1        Arts Northern Rivers - Open Letter to the Minister, E2020/9678  

 

 

Signed:   Cr Sarah Ndiaye

 

Councillor’s supporting information:

 

We join Arts Northern Rivers in expressing our concern and dismay at the decision to abolish a dedicated Department of Communications and the Arts and merging it into a mega Department of Infrastructure, Transport, Regional Development and Communications. We ask the Government to reconsider this decision. To ensure we continue to have a vibrant, innovative and valued arts and creative industries sector it is imperative that our Federal Government reflects its commitment to its growth. We believe the removal of arts from the title of this important department sends the wrong message to the sector and our nation. 

 

Staff comments by Deb Stafford, Community and Cultural Development Coordinator, Corporate and Community Services.

 

Staff agree with the need for a federal departmental structure that explicitly names the arts and addresses dedicated arts considerations, such as Department of Communications and the Arts. If the NoM is adopted, staff will prepare the letter for the Mayor accordingly.

 

Financial/Resource/Legal Implications:

 

None identified.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes. Delivery Program Action 2.2.1 requires Council to ‘Develop and maintain collaborative relationships with government, sector and community’.

CSP Objective	L2	CSP Strategy	L3	DP Action
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community	2.2	Support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community	2.2.1	Develop and maintain collaborative relationships with government, sector and community

  

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Submissions and Grants Report - February 2020

Directorate:                 Corporate and Community Services

Report Author:           Alexandra Keen, Grants Coordinator

File No:                        I2020/131

                                       

 

 

Summary:

 

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

  

RECOMMENDATION: That Council notes the report and Attachment 1 (E2020/7580) for the Byron Shire Council Submissions and Grants as at 3 February 2020.

 

Attachments:

 

1        Attachment 1 - Grants and Submissions List, e2020/7580  

 

 

 

REPORT

 

This report provides an update on grant submissions since the last report.

 

Successful applications

 

Council was partially successful in receiving $12,000 for heritage advisory services and $11,000 for local heritage grants under the NSW Office of Environment and Heritage Community Heritage program.

 

Unsuccessful applications

 

Three applications were unsuccessful:

 

·     Create NSW – Annual Organisational Funding for Lone Goat Gallery;

·     Community Resilience Innovation Program – joint application with Tweed Shire Council for Operational Recovery Networks Program; and

·     Community Heritage – Byron Shire Heritage Conservation Area review.

 

Applications submitted

 

Eight applications were submitted by Council under various grant programs in December 2019. This included the submission of four applications for funding under the NSW Government’s Fixing Country Roads Program 2019 (round 2), three applications were resubmitted and a further new application to upgrade the roads in the Byron Arts and Industry Estate was lodged.

 

Applications were also submitted for:

1.    Connecting Byron – Rail Corridor Restoration – Building Better Regions Fund Round 4;

2.    Upgrade to the Ocean Shores Community Centre – Clubsgrants Infrastructure Round 2;

3.    Upgrade to Rifle Range Road – Fixing Local Roads; and

4.    Upgrade to Minyon Falls Road, Grays Lane and Seven Mile Beach Road – Fixing Local Roads.

 

Upcoming grant opportunities

 

There are a number of upcoming grant opportunities for which Council proposes to submit a funding application, including:

 

·     Clubsgrant – Infrastructure Grant Program Round 3 – Brunswick Heads Memorial Hall;

·     Active Transport Grants – Balemo Drive Stage 2;

·     Combating Weeds and Pests during Drought;

·     Flagship Fish Habitat Rehabilitation – Bringing Back the Brunswick River Stage 2;

·     Create NSW – Multi-year Funding – Lone Goat Gallery.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective		L2	CSP Strategy		L3	DP Action		L4		OP Activity
Community Objective 5:  We have community led decision making which is open and inclusive	5.6		Manage Council’s resources sustainably	5.6.12			Implement strategic grants management systems to deliver priority projects for Byron’s community (SP)		5.6.12.4	Provide governance for grants management

 

Legal/Statutory/Policy Considerations

 

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

 

Financial Considerations

 

If Council is successful in obtaining the identified grants, more than $21 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	$21,144,347
Council cash contribution	$3,570,219
Council in-kind contribution	$482,255
Other contributions	$700,000
Funding applications submitted and awaiting notification (total project value)	$25,896,821

 

Consultation and Engagement

 

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

Staff Reports - General Manager                                                                                 13.1

 

 

Staff Reports - General Manager

 

Report No. 13.1           Lease over road reserve adjoining 27 Marine Parade Byron Bay

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2019/2023

                                       

 

 

Summary:

 

The owner of 27 Marine Parade Byron Bay has requested a new five year lease as per a condition of development consent (51.2015.1017).

 

Mandatory public notification of the proposed lease resulted in two submissions being received.

 

This report recommends that Council grant the proposed lease.

 

  

RECOMMENDATION: That Council delegate to the General Manager, the authority to grant a new five year lease to Mr Stewart over 118.9m² of road reserve adjoining 27 Marine Parade Byron Bay under the following conditions:   a)      term five (5) years with no holding over or option to renew; b)      initial rent set at $4,500 (excl GST)  and increased (not decreased) annually thereafter by CPI (all groups Sydney); c)      lessee to pay all: i)       outgoings payable over the leased land, ii)      maintenance costs, and iii)     lease preparation costs. d)      lessee provide a minimum of $20 million public liability insurance coverage.

 

Attachments:

 

1        Confidential - Current Market Rental Report - part 27 Marine Pde Byron Bay - Lease to Scott Stewart 2020., E2020/3616  

2        Submission 1 proposed lease over public road reserve adjoining 27 Marine Pde Byron Bay, E2020/2937  

3        Submission 2 proposed lease over public road reserve adjoining 27 Marine Pde Byron Bay, E2020/4506  

 

 

 

REPORT

 

Council granted development consent (51.2015.1017) for driveway crossover and works in a road reserve adjoining 27 Marine Parade Byron Bay.  A condition of consent required the applicant to enter into a lease with Council under the Roads Act 1993 (NSW) for structures encroaching on to the road reserve.

 

As a result Council entered into a five year lease with Mr Stewart over 118.9m² of road reserve adjoining 27 Marine Parade Byron Bay in 2015.  Mr Stewart has requested a new five year lease following the expiry of that lease on 9 April 2020.

 

Proposed lease:

 

Terms of the proposed lease will include:

 

·     Maximum term is five years,

·     Initial rent of $4,500 (excl GST) per annum as set by an independent rent valuation by Valuers Australia Real Estate Advisors;

·     Rent to be increased (not decreased) annually thereafter by Consumer Price Index (all groups Sydney) for the term of the lease.

·     Lessee outgoings:

o  all outgoings payable over the leased land,

o  a minimum $20 million public liability insurance coverage, and

o  all maintenance.

·     Lessor outgoings nil.

 

Notice of proposed lease:

 

Council must give notice of the proposed lease for a period of at least 28 days for public comment. Notice was given between 18 December and 20 January 2020 and Council received two submissions.

 

Submission	Council response
1.  Value of rent under the lease   2.  If terms of the lease permits the lessee and friends to park vehicles on the public road reserve	·    Rent will commence at $4,500 (excl GST). ·    The lease is required as condition of development consent 51.2015.1017. The lease provides exclusive possession to the lessee to occupy an 118.39sq encroachment onto the road reserve plus a 36.3sq driveway crossover.
1.  Object to proposed lease, wording formalise indicates public land is already being used. 2.  Long-time occupant of the area and request that Council not permit the continual take-over of public land by private developers in the location.	·    The lease is required as condition of development consent 51.2015.1017.   ·    Council notes the concern.

 

Council is required to duly consider all submissions received before determine if to grant the proposed lease. This report recommends that a new five year lease is granted to Mr Stewart in accordance with condition of development consent 51.2015.1017.

 

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 4:   We manage growth and change responsibly	4.1	Support the visions and aspirations of local communities through place-based planning and management	4.1.3	Manage development through a transparent and efficient assessment process	4.1.3.1	Assess and determine development applications

 

Legal/Statutory/Policy Considerations

Roads Act 1993 (NSW)

153   Short-term leases of unused public roads

(1)      A roads authority may lease land comprising a public road (other than a Crown road) to the owner or lessee of land adjoining the public road if, in its opinion, the road is not being used by the public.

(2)      However, a lease may not be granted under this Division with respect to land that has been acquired by RMS under Division 3 of Part 12 (being land that forms part of a classified road) except by RMS.

(3)      A lease granted under this Division may be terminated by the roads authority at any time and for any reason

154   Public notice to be given of proposed lease

(1)      Before granting a lease under this Division, the roads authority must cause notice of the proposed lease:

(a)   to be published in a local newspaper, and

(b)   to be served on the owner of each parcel of land adjoining the length of public road concerned.

(2)      The notice:

(a)   must identify the public road concerned, and

(b)   must state that any person is entitled to make submissions to the roads authority with respect to the proposed lease, and

(c)   must indicate the manner in which, and the period (being at least 28 days) within which,   

       any such submission should be made.

155    Public submissions

Any person may make submissions to the roads authority with respect to the proposed lease

156    Decision on proposed lease

(1)      After considering any submissions that have been duly made with respect to the proposed lease, the roads authority may grant the lease, either with or without alteration, or may refuse to grant the lease.

(2)      If the roads authority grants a lease, the roads authority must cause notice of that fact to be published in a local newspaper.

157    Special provisions with respect to short-term leases

(1)      The term of a lease, together with any option to renew, must not exceed:

(a)   except as provided by paragraph (b), 5 years, or

(b)   in the case of a lease of land that has been acquired by the roads authority under Division 3 of Part 12, 10 years.

(2)      A person must not erect any structure on land the subject of a lease under this Division otherwise than in accordance with the consent of the roads authority.

Maximum penalty: 10 penalty units.

(3)      Such a consent may not be given unless the roads authority is satisfied that the proposed structure comprises a fence or a temporary structure of a kind that can easily be demolished or removed

 

Financial Considerations

 

Rent received by Council over the five year term of the lease will commence at $4,500 (excl GST) per annum and increased (not decreased) annually thereafter by Consumer Price Index (all groups Sydney) for the term of the lease.

 

Consultation and Engagement

 

Nil.

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Lease to Scouts NSW for occupation of the Byron Bay Scout Hall

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2019/1876

                                       

 

 

Summary:

 

The Scout Association of Australia trading as Scouts Australia NSW has requested a new twenty (20) year lease over the Byron Scout Hall, 29 Tennyson Street Byron Bay.  The requested lease is consistent with the Plan of Management over the land.

 

This report recommends that Council offer a ten (10) year lease at fully subsidised rent and other outgoings to Scout Australia NSW in accordance with Policy Section 356 Donations – Rates, Water and Sewerage Charges. 

 

The report recommends that the proposed lease permit Scouts to hire out the Hall, at its discretion (but consistent with the Plan of Management) with all hiring income to be used for building maintenance and the payment of outgoings.

 

  

RECOMMENDATION: 1.       That Council grant a new ten (10) year lease to The Scout Association of Australia over part of Folio 444/28/758207 known as the Byron Bay Scout Hall for the purpose of a scouting activities.   2.       That Council authorise the publication of the new lease to The Scout Association of Australia for a period of 28 days for public comment.   3.       That in the event that no comments are received, Council delegate to the General Manager the authority to enter into a new lease referred to in 1 above with the following minimum conditions: a)    term ten (10) years; b)    annual rent of $22,600 to be fully subsidised by Council as a section 356 donation; c)    outgoings of general fixed rates, water and sewerage charges also fully subsidised by a section 356 donation in accordance with Councils Policy section 356 donations – rates, water and sewerage charges; d)    all lease preparation costs to be met by the Lessor; e)    the Lessee to pay outgoings of water, sewer and waste management user charges; f)     general maintenance costs to be met by the Lesser g)    authorise the Lessee to hire out the Byron Scout Hall, at its discretion (but consistent with the Plan of Management) and annually report to Council on its hiring function.   4.       That in the event comments are received from the public exhibition, that a new report be tabled at Council’s April meeting.

 

Attachments:

 

1        Confidential - Current Market Rent Valuation (Valuers Australia) for the Scout Hall, Byron Bay 2020., E2020/4911  

 

 

REPORT

 

Community Land and Plan of Management:

 

Lot 444 Section 28 DP 758207, 29 Tennyson Street Byron Bay, is Council owned land classified as community and categorised for general community use. 

 

The Plan of Management Byron Bay Memorial Recreation Grounds (‘POM’) expressly authorises the grant of a lease, in accordance with quadruple bottom line outcomes.

 

A lease over the Byron Bay Scout Hall would provide: 

 

a)    Social outcomes: the provision of a facility to engage young persons in scouting activities.

b)    Environmental outcomes: the provision of a facility to support Scouts to educate young members to participate in environmental initiatives and training courses.

c)    Economic outcomes: the provision of a facility, at subsidised rent, to support Scouts to provide a range of activities for young persons.

d)    Governance outcomes: to secure the long-term tenure of the facility to support scouting activities in Byron Bay.

 

A lease to the Scout Association of Australia trading as Scouts Australia NSW (‘Scouts NSW’) for the purpose of a scout hall is consistent with requirements of the POM core objective of general community use and quadruple bottom line outcomes.

 

The Proposed Lease:

 

Scouts NSW has formally requested a new lease over the Byron Bay Scout Hall as means to resolve the ownership of the scout hall building and a way forward.  Scouts NSW request:

 

·     a 20 year lease under same terms and conditions as a prior 10 year lease that expired 30 June 2010;

·     that Scouts contain to maintain and repair the building except all structural repairs that will remain with Council;

·     full management rights of the Hall including the right to hire the Hall out to other community groups, not-for-profit organisations, local schools and the RSL Club for Anzac and Remembrance Day events;

·     permit income from hire activities to be expended on maintenance and running expenses of the Hall; and

·     perform scouting activities for the local community.

 

Term of Lease:

 

In accordance with the Local Government Act, Council must seek public comment for at least 28 days for any lease to be granted over community land.

 

The term of the lease (including options) must not exceed thirty (30) years under s46(3) of the Act. Ministerial consent is required for any lease term (including options) exceeding 21 years and where objecting submissions are received for any lease term (including options) exceeding 5 years. 

 

Scout NSW is seeking a new 20 year lease over the Byron Scout Hall; however Council staff has concerns about the requested term on the following basis:

 

a)    the current POM over the land, recently adopted by Council, has a life span of 10 years to 2029 and any new lease term should not exist beyond Councils planned use of the land;

b)    existing leases granted over the land are limited to 10 years; and

c)    cultural change within society is leading to the decreased participation rate by young people in Scouts as demonstrated by the recent closure of the Bangalow Scout Group.

 

As a result Council staff recommend that the maximum term of a lease new lease is 10 years.

 

Subsidies:

 

a)    Rent

 

Scouts NSW is a registered charity (57 030 516 857) and is eligible for fully subsidised rent.  Market rent for the Scout Hall has been established by an independent valuation at $22,600 per annum (exclusive of GST).

 

In accordance with Councils Policy section 356 donations – rates, water and sewerage charges, Council will subsidise 100% of general rates and fixed water and sewerage charges. Other outgoings are:

 

b)    Lessee outgoings:

i.   all usage charges for all services connected to the Scout Hall including waste management user charges;

ii.  insurances, public liability and contents for full replacement costs;

iii.  general maintenance and repair to the Scout Hall;

iv. annual pest inspection and controls; and

v.  security services.

c)    Lessor outgoings:

i.   annual fire inspections and statements;

ii.  structural maintenance and repairs; and

iii.  building insurance.

 

d)    Hiring of the Scout Hall:

 

The proposed lease will permit the Lessee to hire out the Scout Hall to community groups, not-for-profit organisation, schools and the RSL Club and others at Scouts discretion (but consistent with the Plan of Management) with all generated income expended upon the maintenance and running expenses of the Hall.

 

Direct Negotiation:

 

Council is permitted to directly negotiate the proposed lease with Scouts NSW in accordance with

s46A of the Local Government Act, because the Lessee is a not-for-profit organisation.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective	L2		CSP Strategy	L3		DP Action		L4		OP Activity
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community		2.2	Support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community		2.2.2		Support and facilitate accessible, high quality early childhood education and activities	2.2.2.1	Improve direct service provision and sector development to provide quality accredited early childhood education

 

Legal/Statutory/Policy Considerations

 

Local Government Act 1993 (NSW)

s46A   Means of granting leases, licences and other estates

(1)      A plan of management is to specify, in relation to the community land to which it applies, any purposes for which a lease, licence or other estate may be granted only by tender in accordance with Division 1 of Part 3.

(2)      Nothing in this section precludes a council from applying a tender process in respect of the grant of any particular lease, licence or estate.

(3)      A lease or licence for a term exceeding 5 years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation.

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

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

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

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

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

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

(2)      A notice of the proposal must include:

•  information sufficient to identify the community land concerned

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

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

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

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

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

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

(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

(c)      in all the circumstances, it is desirable to grant consent,

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.

 

Financial Considerations

 

This report is proposing that Council grants a Lease to Scouts Australia NSW with rent to the value of $22,600 (exclusive GST) per annum fully subsidised by Council via a section 356 donation.

 

The report also proposes that Council fully subsidise 100% of fixed general rates, water and sewerage charges payable per annum and licence preparation fee of $527 inclusive of GST.

 

The lessee is required to pay outgoings of all user charges for water, sewer and waste management, provide requisite public liability insurance and insure all owned fixtures and fittings. The lessee must also cover, at its cost, all general maintenance. 

 

Consultation and Engagement

 

Council is required to publically advertise the proposed license to Scouts Australia NSW for period not less than 28 days, seeking public comment on the proposed licence in accordance with s47(2) of the Local Government Act 1993.

 

Should comments be received by Council during the advertising period, a new report must be tabled at Council’s October meeting so that Council may consider all comments received before resolving whether or not to grant the proposed license.

Staff Reports - General Manager                                                                                 13.3

 

 

Report No. 13.3           Lease to Byron Region Community College Inc

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2019/1933

                                       

 

 

Summary:

 

The Byron Region Community College Incorporated has requested a new ten year lease with a ten year option to renew over Council owned land and buildings at Lot B DP 326871 known as the ‘Old NorthPower Building’. The new lease is sought for the purpose of a community college and light industrial business incubators. The Byron Region Community College requires a new lease for grant funding eligibility.

 

This report recommends that Council enter into the new lease.

 

  

RECOMMENDATION: That Council delegate to the General Manager, the authority to enter into a new lease with the Byron Region Community College Incorporated for the purpose of community college and light industrial business incubators under the following minimum conditions:   a)      term ten (10) year plus a ten (10) year option to renew; b)      annual rent of $155,380 (exclusive GST) be fully subsidised by Council as a section 356 donation; c)      Lessor outgoings: i)     Building insurance for full replacement value. d)      Lessee outgoings: i)     all fixed Council rates and charges. ii)    all usage fees and charges for all services connected to the Premises. iii)   annual fire and pest inspections and controls. iv    public liability, professional indemnity and contents insurances. v)    all building maintenance including all internal, external and structural maintenance.

 

Attachments:

 

1        Market Rent Valuation Report for the Byron Region Community College Inc., E2019/87943  

 

 

 

REPORT

 

Land:

 

Lot B DP 326871, 6-8 Burringbah Street Mullumbimby known as the ‘Old NorthPower Building’ (‘the Premises’) is Council owned land classified as operational.  All buildings and improvements on the land are owned by Council.

 

The Community Learning and Innovation Centre Inc (‘CLIC’) currently leases the Premises for the purpose of a community college and light industrial business incubators. That lease will expire on

8 September 2020.  The Byron Region Community College Inc (‘the Community College’), sub-lessee and member of CLIC, has requested a new 20 year lease term over Premises.

 

Background:

 

In 2001 ownership of the Premises was gifted to Council by Country Energy by resolution (01-1353).  Prior to taking ownership, the Premises were leased to Council and managed by a section 355 Committee for utilisation by organisations specialising in adult learning.  That management model restricted participating organisations to access relevant grant funding required to refurbish the site.

 

As a result, in 2002 CLIC was formed as a not-for-profit organisation, for the purpose of leasing the Premises and eligibility for relevant grant funding. Council resolved (02-1031) to enter into a ten year lease with a ten year option with CLIC. The lease was let at nominal rent on condition that CLIC indemnified Council against all costs and liabilities associated with development, maintenance and management of the Premises.  The ten year option was granted under resolution (12-699) in August 2012.

 

During the lease term, CLIC has expended more than $2 million dollars in grant funding, into site refurbishments and expansion of offered services.

 

Community College request to lease with Council:

 

CLIC was created with members of ACE (Adult and Community Education) and BETC (Ballina Employment and Training). Later these members were replaced by NORTEC and the Community College. The Community College remains the sole member CLIC.

 

The Director of the Community College informed Council that the College is now in a financial position to stand alone from CLIC and seeks to enter into a lease directly with Council.  A new lease would ensure ongoing grant funding eligibility.

 

The President of CLIC has advised that CLIC would consent to ending its lease early on condition that the new lease is provided on similar terms as the current lease and signed in early March 2020.  If conditions cannot be met then CLIC intends to perform its obligations under the lease to 8 September 2020.

 

Should Council enter into a lease with the Community College, then it is likely that CLIC will be wound-up.

 

Leasing to the Community College:

 

The Community College is a not-for-profit community organisation that delivers vocational and other training in the Shire.  In 2018 the Community College Annual Report states the College held 2,683 enrolments in 377 courses.  Of those enrolments:

 

·    12% were fully funded vocational courses with 64% of these students completing their VET course in 2018;

·    25% of enrolments were from mature aged students;

·    7% of enrolments were by persons with a disability;

·    10% of enrolments were by persons looking for work;

·    50% of persons enrolled already held a degree or higher; and

·    63% of persons enrolled lived in the Byron Shire.

 

The Community College has been instrumental in developing an ‘Innovation Hub’ at the Mullumbimby campus.  The College provides short-term subsidised office space (Business Incubators) and support through mentoring and development programs to selected small start-up businesses. Only regional businesses that meet ethical, sustainable and profitable criterion to engage local, national or international markets are eligible.

 

The not-for-profit partnership between Community College and the Sourdough Group continues to offer the Sourdough Business Pathways program that is resulting in increase revenues and jobs in the region. In 2018 the program mentored over 90 businesses by over 50 mentors providing their time pro-bono.

 

The Community College seeks to continue the successful 17-year relationship with Council and will continue to improve building assets and the expansion of adult education services offered by the College.

 

Terms of proposed lease:

 

The proposed lease to the Community College is to be offered on similar terms as the current lease to CLIC.

 

1.   Similar terms:

·    term ten (10) years with an option of ten (10) years to renew;

·    for the purpose of a ‘Community Learning Centre and light industrial Business Incubator’;

·    at nominal rent $1.00 per annum if requested;

·    Lessee to pay all outgoings including all fixed rates and charges, all usage fees for all services connected to the Premises, all fire safety inspections and works, all pest inspections and control, all insurances including $20 million public liability, professional indemnity and building contents for full replacement cost; and

·    Lessor to pay outgoings of building insurance only.

 

2.   New term:

·    Lessee must bear the cost of all building asset maintenance including all structural maintenance to ensure all buildings and structures remain in good condition and repair. The term of the lease will allow for the Lessee to strategically manage all building and structural assets within the leased area.

 

Subsidised rent:

 

In accordance with Council’s resolution (02-1031), this report also seeks authority to grant a new lease to the Community College at fully subsidised rent to the value of $155,380 (exclusive GST)

 

In return for the full rent subsidy, the Lessee must indemnify Council against all costs and liabilities associated with the development, maintenance and management of the site, including all structural maintenance.  This obligation will require the Lessee to strategically set aside funds to adequately cover all future repairs, upgrades and replacements to buildings and structures over the term of the term.

Direct negotiation:

 

Council resolved (01-1353) to develop the Premises as a ‘Community Learning and Innovation Centre’ and subsequently entered into a long-lease with CLIC, a not-for-profit organisation at nominal rent.  The intention by Council to utilise the Premise for community purposes was central to the decision by County Energy to transfer ownership of the Premise to Council in 2002. 

 

The proposed lease to the Community College for the purpose of community college and light industrial business incubators is consistent with Council resolution (01-1353).

 

Council is not required to run a competitive tender for the proposed lease to the Community College in accordance with s55(3)(e) of the Local Government Act 1993 (NSW). 

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 4:   We manage growth and change responsibly	4.3	Promote and support local business development, education and employment opportunities	4.3.1	Facilitate and support sustainable development of our business community	4.3.1.1	Review and implement the Economic Development Strategy and Action Plan

 

Legal/Statutory/Policy Considerations

Local Government Act 1993 (NSW)

s55   Requirements for tendering

(1)      A council must invite tenders before entering into any of the following contracts—

(d)               a contract to perform a service or to provide facilities that, under some other contract, the council has undertaken to perform or provide for some other body,

(f)                a contract for the provision of services to the council (other than a contract for the provision of banking, borrowing or investment services),

(i)       any other contract, or any contract of a class, prescribed by the regulations.

(2)      Tenders are to be invited, and invitations to tender are to be made, by public notice and in accordance with any provisions prescribed by the regulations.

(2A)    Nothing in this section prevents a council from tendering for any work, service or facility for

Which it has invited tenders.

(3)      This section does not apply to the following contracts—

(e)      a contract for the leasing or licensing of land by the council, other than the leasing or licensing of community land for a term exceeding 5 years to a body that is not a non-profit organisation (see section 46A),

(4)      A council that invites tenders from selected persons only is taken to comply with the requirements of this section if those persons are selected—

(a)      from persons who have responded to a public advertisement for expressions of interest in the particular contract for which tenders are being invited, or

(b)      from persons who have responded to a public advertisement for recognition as recognised contractors with respect to contracts of the same kind as that for which tenders are being invited.

(5)–(7)    (Repealed)

 

Financial Considerations

 

The proposed lease will require Council to provide full subsidised rent to the annual value of $155,380 as a section 356 donation of Council.  

Consultation and Engagement

 

Nil.

Staff Reports - General Manager                                                                                 13.4

 

 

Report No. 13.4           Variation of temporary Byron Farmers Market licence at Cavanbah Centre

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2019/2140

                                       

 

 

Summary:

 

Council resolved (19-555) to vary the term temporary licence granted to the Byron Farmers Market Inc to 30 June 2020 with an additional six months, due to the continued closure of the Butler Street Reserve.  In advertising the proposed licence variation, Council received one submission.

 

Due to time constraints whereby the expiry date of the Byron Farmers Market Inc licence was on 20 January 2020, and with the next available Council meeting being 27 February 2020, staff sort a Mayoral determination under s226(d) of the Act, on the consideration of the submission and the licence variation.

 

This report has been prepared in accordance with the terms and conditions of Mayoral delegation of authority, to advise the Council of the action taken by the Mayor in exercising his delegations. 

 

  

RECOMMENDATION: That Council note this Report.

 

Attachments:

 

1        Submission from the Byron Bay Cycle Club, E2019/93360  

 

 

 

REPORT

 

Council resolved (19-555) at its 24 October 2019 meeting:

 

1.   That Council authorise the continued suspension of the community and farmers markets licences issued for the Butler Street Reserve with ongoing abatement of rent until both markets can be resumed at the Reserve.

 

2.   That Council, delegate to the General Manager, the authority to vary temporary relocation market licences issued to:

 

a.   Byron Bay Community Association Inc for  community markets at the beachside to:

i)       Extend the term to 30 June 2020 with an additional option of six months; and

ii)       The Licensor to pay the Licensee to its nominated bank account, within 30 days from the end of the term or any holding over, the amount of the bond held being an amount not exceeding $1,000 (inclusive of GST.

 

b.   Byron Farmers Market Inc for farmers markets at the Cavanbah Centre to:

i)       Extend the term to 30 June 2020 with an additional option of six months; and

ii)       The Licensee to submit to the Licensor within 30 days from the end of the term and any holding over, all receipts detailing expenditure of $20,000 and return by cheque made payable to Byron Shire Council the balance of any unspent monies.

 

3.   That Council authorise the full subsidisation of rent under the varied licence term at a cost of $6,689 (inclusive of GST) funded from the Byron Bay Bypass project. That Council continue to fully subsidise rent under the further six month option at a rate set by Councils 2020-2021 fees and charges.

 

4.   That Council authorise the public exhibition of the variation of the farmers market licence to the Byron Farmers Market Inc for 28 days and should any submissions be received that a new report be brought back to Council.

 

Submissions

 

Council publically advertised the variation to the Byron Farmers Market Inc at the Cavanbah Centre for 28 days between 28 days between 13 November and 11 December 2019. Council received one submission. Points raised and Council response to the submission is detailed in the below table:

 

Points	Council response
1: Stage 1 of the multi use cycle path to the east of the Cavanbah Centre was constructed for bicycle use only and not for use by vehicles attending the Farmers Markets.	The grant funded Criterion Track was constructed in 2013.   Open Spaces have received advice that the design is comparable to typical small road design standards, and is suitable for use by vehicles.   As described in the Plan of Management for the Cavanbah Centre, the land upon which the Criterion Track sits is classified as Community Land, and Categorised as General Community Use.
	Council reserves its right to utilise the asset for the benefit of the wider community and will continue to make decisions that provide equitable community use.    Upon completion of the stage 1, Council advised that the track would continue to be used as a service road for both users of the facility, as well as Council staff and contractors.    Operational and community priorities have since required Council to extend the use of its asset to provide overflow parking for the Farmers Markets.
2: Stage 2 Sports Australia funding is received with construction to commence in 2020. Council and the Byron Bay Cycle Club need to agree on the management of the construction during occupation by the Farmers Markets.	The Project Management Plan for the construction of Stage 2 of the track will address all operational construction elements and all existing use bookings at the Cavanbah Centre, including the Farmers Markets.

 

Section 47(4) of the Local Government Act 2019 (NSW), (‘the Act’) requires that before granting the licence variation, Council must consider all submissions duly made. 

 

Due to time constraints whereby the expiry date of the Byron Farmers Market Inc licence was on 20 January 2020, and with the next available Council meeting being 27 February 2020, staff sort a Mayoral determination under s226(d) of the Act, on the consideration of the submission and the licence variation.

 

In accordance with s226(d) of the Act, and the Delegation of Authority from the Council to the Mayor, the Mayor may in cases of necessity exercise the policy-making function of Council between meetings of Council. 

 

Council staff considered:

 

i.    a case of necessity existed to ensure the continuation of the farmers market at the Cavanbah Centre to meet the expectations of the community and stall holders that rely on the markets for their livelihoods;

 

ii.    a variation to the market licence is required to extend the licence term. Extending the licence term is a policy-making function of Council that defines a course of action for the  use of community land at the Cavanbah Centre to be adopted by Council; and

 

iii.   the variation of the licence must come into effect on 21 January 2020 being a date between Council meetings.

 

The Mayor having considered the submission made by the Byron Bay Cycle Club “authorised the General Manager to vary the temporary market licence granted to the Byron Farmers Market in accordance with Resolution 19-555 item 2(b)”.

 

This report recommends that Council the Report on the action taken by the Mayor in exercising his delegations.

 

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community	2.2	Support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community	2.2.1	Develop and maintain collaborative relationships with government, sector and community	2.2.1.2	Participate in and inform community planning

 

Legal/Statutory/Policy Considerations

 

      s 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.

 

Financial Considerations

 

A variation to the temporary relocation markets licences granted to the Byron Farmers Market and Byron Bay Community Association requires Council to subsidise $6,689 in fees with the amount to be funded from the Byron Bay Bypass project.  Rent to be subsidised under the further six month option, will be at a rate in accordance with Council’s adopted Fees and Charges for 2020/2021.

 

Consultation and Engagement

 

Nil.  

Staff Reports - Corporate and Community Services                                          13.5

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.5           National General Assembly of Local Government 2020

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Planning and Improvement Coordinator

File No:                        I2019/2064

                                       

 

 

Summary:

 

The National General Assembly of Local Government will be held from 14 to 17 June 2020 in Canberra. The Call for Motions Discussion Paper requires that motions from Councillors are to be lodged by 27 March 2020.

 

This report is provided in accordance with Council’s Policy Councillor Expenses and Facilities 2019, Clause 6.36 “A resolution of Council is required to authorise attendance of Councillors at…b) National General Assembly of Local Government as a voting delegate”

 

  

RECOMMENDATION: 1.       That Council authorises two Councillors being Councillors _______ and ________ to attend the 2020 National General Assembly of Local Government to be held at the National Convention Centre in Canberra from 14 to 17 June 2020 and nominates Cr ______ as the voting delegate.   2.       That Council considers endorsement of any motions for submission to the National General Assembly, at its Ordinary meeting scheduled for Thursday, 26 March 2020, to meet the lodgement deadline with ALGA of Friday, 27 March 2020.

 

 

 

 

 

REPORT

 

Council has received the program and registration details for the National General Assembly of Local Government (NGA) to be held in Canberra from 14 to 17 June 2020. The theme for the 2020 NGA is ‘Working Together for our Communities’, acknowledging the need to come together and with other partners, including Federal Government, to deliver for our communities.

 

Council’s Policy Councillor Expenses and Facilities 2019, Clause 6.36 states “A resolution of Council is required to authorise attendance of Councillors at…b) National General Assembly of Local Government as a voting delegate”.

 

Council is entitled to one voting delegate in the debating session.

 

Conference Motions

 

The Councillor Expenses and Facilities 2019 Policy also states at clause 6.40 that “Submission of motions to the … National General Assembly for consideration by Council will be done by notice of motion, which can be considered during the year.”

 

As motions to the NGA are to be received by the Australia Local Government Association (ALGA) no later than 11:59pm on 27 March 2020 and must first be endorsed by Council prior to submission, a memo was provided to Councillors on 8 January 2020 with this information.

 

Staff will submit any adopted motions to ALGA on behalf of a Councillor/s prior to the deadline.

 

Call for Motions

 

The NGA Call for Motions Discussion Paper outlines the challenges faced by Local Governments across Australia, including financial constraints; adapting to rapidly evolving technologies and community expectations of access to 24/7 services via websites, mobiles, and call centres; changes in demographics and population size; and preferred means of community engagement. These challenges are likely to be compounded by climate change, the ageing population, and further advances in disruptive technologies, including artificial intelligences.

 

The discussion paper further explains that these challenges may also be exacerbated by increasing community expectations about the level and types of service and infrastructure provided by councils and the community’s willingness to pay.

 

The full discussion paper is available from the following link: https://alga.asn.au/site/misc/alga/downloads/events/2019_NGA/2018-Discussion-Paper-WEB.pdf

 

Conference Details

 

Where:              National Convention Centre, Canberra, ACT

Dates:                Sunday 14 June to Wednesday 17 June 2020

 

Costs:

(per delegate)    Registration Fee (early bird received by 8 May 2020)                                  $989.00

     Accommodation (approx) (4 nights)                                                           $1,000.00

                          Travel (approx.)                                                                                             $800.00

                          Total:                                                                                                          $2,789.00

 

Next steps

 

To be eligible for inclusion in the NGA Business Papers, and subsequent debate on the floor of the NGA, Motions must meet the following criteria:

 

·   be relevant to the work of local government nationally

·   not be focussed on a specific location or region – unless the project has national implications

·   be consistent with the themes of the NGA

·   complement or build on the policy objectives of your State and Territory local government association

·   be submitted by a council which is a financial member of its State or Territory local government association

·   propose a clear action and outcome

·   not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

 

Motions should be lodged electronically using the online form available on the NGA website at: www.alga.asn.au.  All Motions require, among other things, a contact officer, a clear national objective, a summary of the key arguments in support of the Motion, and endorsement of Council.  Motions should be received by ALGA no later than 11:59pm on Friday 27 March 2020, electronically in the prescribed format.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.6

Manage Council’s resources sustainably

5.6.11

Maintain effective relationships with key stakeholders, neighbouring local governments, government representatives and government agencies

5.6.11.2

Engage with government representatives and agencies

 

Legal/Statutory/Policy Considerations

 

In accordance with Council’s Policy Councillor Expenses and Facilities 2019 “A resolution of Council is required to authorise attendance of Councillors at …b) Australian Local Government Association National General Assembly as a voting delegate.”

 

Financial Considerations

 

Council has an allocation for conferences of $31,500 within the 2019/20 budget (2145.004). There is sufficient funding remaining to cover the cost of sending two delegates to the NGA.

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Heritage Advisory Panel - Representatives

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Planning and Improvement Coordinator

File No:                        I2020/4

                                       

 

 

Summary:

 

Following the resignation from the Heritage Advisory Panel (Panel) of community representative Robyn Wright and Byron Bay Historical Society representative Robert Sampimon, Council called for nominations to replace these positions on the Panel. Nominations closed on 5 February 2020.

 

This report has been prepared to allow Council to consider the nominations received, as contained in Confidential Attachment 1, and advise the Heritage Panel of its representatives.

 

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

 

  

RECOMMENDATION: :   1.       That Council accept the resignations of Robyn Wright and Robert Sampimon from the Heritage Advisory Panel and provide a letter of thanks.   2.       That Council appoint ___________________ to the Heritage Advisory Panel.   3.       That Council thank all nominees for their interest and time in submitting an Expression of Interest.

 

Attachments:

 

1        Confidential - Expressions of Interest Nominations, E2020/8738  

 

 

 

REPORT

 

The purpose of the Heritage Panel is to provide support and advice to Council to assist its operations on heritage matters. Actions of the Heritage Panel that can assist to achieve this include:

 

·        Assisting Council in the development of policies and strategies including the preparation of a Heritage Strategy and the management of natural and cultural heritage generally in Byron Shire local government area.

·        Advising Council staff, the Heritage Adviser and the Council on matters relating to the ongoing implementation of the Heritage Strategy (once completed).

·        Assisting Council to procure and allocate funding assistance and to recommend projects for which funding should be sought in line with the Heritage Strategy (once completed).

·        Providing access to the general community to distribute information and for public input into heritage management, e.g. to nominate additional properties for assessment of heritage significance.

·        Advising Council on a range of heritage-related matters which are of interest to the community, in particular, by providing expertise, local knowledge and guidance on heritage matters and in relation to heritage assessments.

 

As per its constitution, the Heritage Advisory Panel (Panel) requires the following membership:

·        3 Councillors

·        1 representative from each of the Shire’s known historical societies being:

o   Brunswick Valley

o   Byron Bay

o   Bangalow

o   Mullumbimby

·        1 representative each from the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) and the Tweed Byron Local Aboriginal Council

·        3 community representatives

·        General Manager (or delegate)

 

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

 

Council has received a resignation from the Panel from community representative Robyn Wright and Byron Bay Historical Society representative Robert Sampimon. Further, community member Janet Kneale has not attended the required number of meetings, in accordance with the adopted Constitution which states that:

 

“All Panel members are required to advise the chair when they are unable to attend Panel meetings….A Panel member (other than the Mayor) ceases to be a member of a Panel if the member:

a)      Has been absent from three consecutive meetings of the Panel without having given reasons acceptable to the Panel for the member’s absence,

b)      or b) Has been absent from at least half of the meetings of the Panel held during the immediately preceding year without having given to the Panel acceptable reasons for the member’s absences.”

 

Accordingly, Council called for nominations to replace these positions on the Panel, with nominations closing on 5 February 2020. The term for the appointed representatives will be for the remainder of the current term of Council.

 

This report has been prepared to allow Council to consider the nominations received, as contained in Confidential Attachment 1, and advise the Heritage Panel of its representatives.

 

Prospective community representatives should demonstrate suitability on the basis of the following criteria:

 

·   People who live, work, or study in the Byron Shire LGA

·   Have a proven commitment, sensitivity, and understanding of issues relating to heritage issues in the Byron Shire LGA

·   Be an employee, or member of an organisation whose primary function relates to the preservation of heritage

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

	CSP Objective		L2		CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 5:  We have community led decision making which is open and inclusive		5.2		Create a culture of trust with the community by being open, genuine and transparent		5.2.4	Support Councillors to carry out their civic duties	5.2.4.3	Provide support to Councillors – including councillor requests, briefing sessions, provision of facilities and payment of expenses, and record keeping

 

Legal/Statutory/Policy Considerations

 

Membership in accordance with the Heritage Panel Constitution

 

Financial Considerations

 

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

 

Consultation and Engagement

 

Council advertised for expressions of interest for representatives Heritage Advisory Panel, which closed on 5 February 2020.

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Investments - 1 January 2020 to 31 January 2020

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2020/113

                                       

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period 1 January 2020 to 31 January 2020 for 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 January 2020 be noted.

 

 

 

 

REPORT

 

Council has continued to maintain a diversified portfolio of investments. At 31 January 2020, the average 90 day bank bill rate (BBSW) for the month of January 2020 was 0.89%. Council’s performance to 31 January was 1.81%. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits, bonds and purchasing floating rate notes with attractive interest rates. It should be noted that as investments mature, Council’s % return will continue to decrease due to the lower rates available in the current market.

 

The table below identifies the investments held by Council as at 31 January 2020

 

Schedule of Investments held as at 31 January 2020

 

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	No Fossil Fuel	Type	Interest Rate Per Annum	Current Value
24/03/17	1,000,000	NAB Social Bond (Gender Equality)	Y	AA-	24/03/22	Y	B	3.25%	1,044,263.16
15/11/18	980,060	NSW Treasury Corp (Green Bond)	N	AAA	15/11/28	Y	B	3.00%	1,108,880.00
20/11/18	1,018,290	QLD Treasury Corp (Green Bond)	N	AA+	22/11/24	Y	B	3.00%	1,077,720.00
28/03/19	1,000,000	National Housing Finance & Investment Corporation	Y	AAA	28/03/29	Y	B	2.38%	1,062,980.00
21/11/19	1,000,250	NSW Treasury Corp (Sustainability Bond)	N	AAA	20/03/25	Y	B	1.25%	1,000,250.00
27/11/19	500,000	National Housing Finance & Investment Social Bond	Y	AAA	27/05/30	Y	B	1.57%	500,000.00
31/03/17	1,000,000	CBA Climate Bond	Y	AA-	31/03/22	Y	FRN	1.83%	1,008,850.00
16/11/17	750,000	Bank of Queensland	Y	BBB+	16/11/21	N	FRN	1.99%	753,667.50
30/08/18	500,000	Bank Australia Ltd (Sustainability Bond)	Y	BBB+	30/08/21	Y	FRN	2.27%	502,795.00
07/12/18	2,000,000	Credit Union Australia	Y	BBB	07/12/20	Y	TD	3.02%	2,000,000.00
04/02/19	1,000,000	Summerland Credit Union	Y	NR	04/02/20	Y	TD	2.95%	1,000,000.00
06/03/19	1,000,000	Bananacoast Credit Union	Y	NR	04/03/20	Y	TD	2.90%	1,000,000.00
03/07/19	1,000,000	Australian Military Bank	Y	NR	02/07/20	Y	TD	2.12%	1,000,000.00
04/07/19	1,000,000	NAB	N	AA-	30/03/20	N	TD	1.95%	1,000,000.00
15/08/19	1,000,000	Maitland Mutual Building Society	Y	NR	12/02/20	Y	TD	1.78%	1,000,000.00
16/08/19	1,000,000	Suncorp	Y	A+	12/02/20	Y	TD	1.73%	1,000,000.00
26/08/19	1,000,000	Suncorp	N	A+	21/02/20	N	TD	1.62%	1,000,000.00
27/08/19	2,000,000	Bank of Queensland	N	BBB+	27/02/20	N	TD	1.75%	2,000,000.00
27/08/19	1,000,000	AMP Bank	Y	BBB	26/08/20	N	TD	1.80%	1,000,000.00
29/08/19	1,000,000	Macquarie Bank Ltd	Y	A	25/02/20	Y	TD	1.80%	1,000,000.00
03/09/19	2,000,000	Macquarie Bank Ltd	N	A	02/03/20	N	TD	1.75%	2,000,000.00
04/09/19	1,000,000	Australian Military Bank	N	NR	02/03/20	N	TD	1.70%	1,000,000.00
25/09/19	2,000,000	NAB	N	AA-	24/09/20	N	TD	1.60%	2,000,000.00
25/09/19	1,000,000	TCorp Green Deposit	N	AAA	25/03/20	N	TD	1.00%	1,000,000.00
08/10/19	1,000,000	NAB	N	AA-	06/04/20	N	TD	1.60%	1,000,000.00
08/10/19	1,000,000	My State Bank	Y	NR	06/02/20	Y	TD	1.70%	1,000,000.00
21/10/19	2,000,000	NAB	N	AA-	21/04/20	N	TD	1.57%	2,000,000.00
25/10/19	2,000,000	NAB	N	AA-	25/02/20	N	TD	1.60%	2,000,000.00
29/10/19	1,000,000	ME Bank	Y	BBB	28/07/20	Y	TD	1.58%	1,000,000.00
30/10/19	2,000,000	Macquarie Bank Ltd	N	A	29/04/20	N	TD	1.60%	2,000,000.00
04/11/19	1,000,000	NAB	N	AA-	03/02/20	N	TD	1.58%	1,000,000.00
06/11/19	1,000,001	AMP Bank	N	BBB	06/05/20	N	TD	1.75%	1,000,001.00
07/11/19	2,000,000	NAB	N	AA-	06/04/20	N	TD	1.58%	2,000,000.00
08/11/19	2,000,000	Suncorp	N	A+	04/08/20	N	TD	1.60%	2,000,000.00
25/11/19	1,000,000	AMP Bank	N	BBB	25/05/20	N	TD	1.90%	1,000,000.00
27/11/19	1,000,000	Coastline Credit Union	Y	NR	26/11/20	Y	TD	1.80%	1,000,000.00
27/11/19	2,000,000	Macquarie Bank Ltd	N	A	12/03/20	N	TD	1.60%	2,000,000.00
02/12/19	1,000,000	Maitland Mutual Building Society	N	NR	02/06/20	Y	TD	1.75%	1,000,000.00
03/12/19	1,000,000	AMP Bank	N	BBB	02/06/20	N	TD	1.90%	1,000,000.00
03/12/19	1,000,000	B & E Ltd (Bank of Us)	Y	NR	02/03/20	Y	TD	1.70%	1,000,000.00
03/12/19	2,000,000	Macquarie Bank Ltd	N	A	03/03/20	N	TD	1.60%	2,000,000.00
09/12/19	2,000,000	NAB	N	AA-	09/03/20	N	TD	1.60%	2,000,000.00
13/12/19	1,000,000	Summerland Credit Union	N	NR	14/04/20	Y	TD	1.80%	1,000,000.00
06/01/2020	2,000,000	NAB	N	AA-	4/6/2020	N	TD	1.58%	2,000,000.00
06/01/2020	1,000,000	Judo Bank	Y	NR	5/1/2021	N	TD	2.10%	1,000,000.00
06/01/2020	1,000,000	Police Credit Union Ltd (SA)	Y	NR	6/4/2020	N	TD	1.75%	1,000,000.00
08/01/2020	1,000,000	Suncorp	N	A+	7/5/2020	N	TD	1.50%	1,000,000.00
13/01/2020	1,000,000	Suncorp	N	A+	12/5/2020	N	TD	1.50%	1,000,000.00
20/01/2020	1,000,000	Westpac (Tailored)	Y	AA-	20/1/2021	Y	TD	1.41%	1,000,000.00
20/01/2020	2,000,000	NAB	N	AA-	19/5/2020	N	TD	1.60%	2,000,000.00
24/01/2020	2,000,000	Bank of QLD	N	BBB+	24/7/2020	N	TD	1.60%	2,000,000.00
28/01/2020	1,000,000	NAB	N	AA-	27/04/20	N	TD	1.58%	1,000,000.00
29/01/2020	1,000,000	MyState Bank Limited	Y	NR	28/5/2020	N	TD	1.60%	1,000,000.00
30/01/2020	1,000,000	Judo Bank	N	NR	30/7/2020	N	TD	1.85%	1,000,000.00
30/01/2020	1,000,000	The Mutual Bank (Maitland Mutual)	N	NR	30/4/2020	N	TD	1.75%	1,000,000.00
30/1/2020	1,000,000.00	Macquarie Bank Ltd	N	A	30/4/2020	N	TD	1.60%	1,000,000.00
N/A	2,210,735.97	CBA Business Saver	N	AA-	N/A	N	CALL	1.20%	2,210,735.97
N/A	3,573,767.21	NSW Treasury Corp	N	AAA	N/A	Y	CALL	1.10%	3,573,767.21
Total	75,533,104.18						AVG	1.81%	75,843,909.84

 

Note 1.	CP = Capital protection on maturity
	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)
Note 2.	No Fossil Fuel ADI
	Y = No investment in Fossil Fuels
	N = Investment in Fossil Fuels
	U = Unknown Status

 

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

 

Environmental and Socially Responsible Investing (ESRI)

 

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

 

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

 

Council has two investments with financial institutions that invest in fossil fuels but are nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

 

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.

 

Investment Policy Compliance

 

Investment policy compliance
% per institution should not exceed the following			ACTUAL	Variance
AAA to AA	A1+	100%	50.35%	Meets policy
A+ to A-	A1	60%	13.33%	Meets policy
BBB to NR	A2,NR	40%	36.32%	Meets policy

 

 

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

 

Associated Risk

 

Moving more of the investment portfolio into the ‘ethical’ space will lower the credit quality of the investment portfolio overall and increase the organisation’s credit risk (i.e. exposure to potential default). To monitor this issue the ‘Investment Policy Compliance’ table is now produced for each monthly Investment Report to Council.

 

The investment portfolio is outlined in the table below by investment type for the period 1

January 2020 to 31 January 2020:

 

Dissection of Council Investment Portfolio as at 31 January 2020

 

 

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

 

The table below provides a reconciliation of investment purchases and maturities for the period of 1 January 2020 to 31 January 2020 on a current market value basis. 

 

Movement in Investment Portfolio – 31 January 2020

 

 

Term Deposit Investments Maturities and Returns – 1 January 2020 to 31 January 2020

 

         

Council’s overall ‘cash position’ is not only measured by funds invested but also by the funds retained in its consolidated fund or bank account for operational purposes. In this regard, for the month of January 2020 the table below identifies Council’s overall cash position as follows:

 

Dissection of Council’s Cash Position as at 31 January 2020

 

 

STRATEGIC CONSIDERATIONS

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.2

Ensure the financial integrity and sustainability of Council through effective planning and reporting systems (SP)

5.5.2.5

Identification of ethical investment opportunities with environmental and social inclusion outcomes

 

Legal/Statutory/Policy Considerations

 

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 it has invested under section 625 of the Local Government Act 1993.

 

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

 

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

 

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

 

Financial Considerations

 

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

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Delivery Program 6-monthly Report and 2019/20 Operational Plan Second Quarter Report - Q2 - to 31 December 2019

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Planning and Improvement Coordinator

File No:                        I2020/6

 

 

Summary:

 

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

 

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

 

  

RECOMMENDATION: That Council notes the Delivery Program 6-monthly Report and 2019/20 Operational Plan Second Quarter Report for the period ending 31 December 2019 (Attachment 1 #E2020/8890).

 

Attachments:

 

1        Delivery Program 6-monthly Report and Operational Plan Quarter Report - Q2 - to 31 December 2020, E2020/8890  

 

 

 

REPORT

 

Background

 

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

 

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

 

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

 

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

 

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

 

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

 

Each section in the report notes the progress against the activities including:

·     Activity

·     Responsible directorate

·     Measure

·     Timeframe

·     Comments

·     Status

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective		L2	CSP Strategy		L3	DP Action		L4		OP Activity
Community Objective 5:  We have community led decision making which is open and inclusive	5.2			Create a culture of trust with the community by being open, genuine and transparent	5.2.1		Provide timely, accessible and accurate information to the community		5.2.1.3		Continuous improvements of reporting on progress of Delivery Program actions

 

Legal/Statutory/Policy Considerations

 

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

 

Financial issues

 

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

 

Consultation and Engagement

 

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

 

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

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Investments - 1 December 2019 to 31 December 2019

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2020/13

                                       

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period 1 December 2019 to 31 December 2019 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 December 2019 be noted.

 

 

 

 

REPORT

 

Council has continued to maintain a diversified portfolio of investments. At 31 December 2019, the average 90 day bank bill rate (BBSW) for the month of December 2019 was 0.90%. Council’s performance to 31 December was 1.87%. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits, bonds and purchasing floating rate notes with attractive interest rates. It should be noted that as investments mature, Council’s % return will continue to decrease due to the lower rates available in the current market.

 

The table below identifies the investments held by Council as at 31 December 2019

 

Schedule of Investments held as at 31 December 2019

 

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	No Fossil Fuel	Type	Interest Rate Per Annum	Current Value
24/03/17	1,000,000	NAB Social Bond (Gender Equality)	Y	AA-	24/03/22	Y	B	3.25%	1,044,263.16
15/11/18	980,060	NSW Treasury Corp (Green Bond)	N	AAA	15/11/28	Y	B	3.00%	1,108,880.00
20/11/18	1,018,290	QLD Treasury Corp (Green Bond)	N	AA+	22/11/24	Y	B	3.00%	1,077,720.00
28/03/19	1,000,000	National Housing Finance & Investment Corporation	Y	AAA	28/03/29	Y	B	2.38%	1,062,980.00
21/11/19	1,000,250	NSW Treasury Corp (Sustainability Bond)	N	AAA	20/03/25	Y	B	1.25%	1,000,250.00
27/11/19	500,000	National Housing Finance & Investment Social Bond	Y	AAA	27/05/30	Y	B	1.57%	500,000.00
31/03/17	1,000,000	CBA Climate Bond	Y	AA-	31/03/22	Y	FRN	1.83%	1,008,850.00
16/11/17	750,000	Bank of Queensland	Y	BBB+	16/11/21	N	FRN	1.99%	753,667.50
30/08/18	500,000	Bank Australia Ltd (Sustainability Bond)	Y	BBB+	30/08/21	Y	FRN	2.27%	502,795.00
07/12/18	2,000,000	Credit Union Australia	Y	BBB	07/12/20	Y	TD	3.02%	2,000,000.00
05/01/19	2,000,000	NAB	N	AA-	06/01/20	N	TD	2.75%	2,000,000.00
18/01/19	1,000,000	Westpac	Y	AA-	16/01/20	N	TD	2.73%	1,000,000.00
30/01/19	1,000,000	Defence Bank	Y	BBB	30/01/20	Y	TD	2.85%	1,000,000.00
04/02/19	1,000,000	Summerland Credit Union	Y	NR	04/02/20	Y	TD	2.95%	1,000,000.00
06/03/19	1,000,000	Bananacoast Credit Union	Y	NR	04/03/20	Y	TD	2.90%	1,000,000.00
24/06/19	2,000,000	NAB	N	AA-	20/01/20	N	TD	1.90%	2,000,000.00
28/06/19	2,000,000	Bank of Queensland	N	BBB+	24/01/20	N	TD	2.10%	2,000,000.00
01/07/19	1,000,000	Police Credit Union Limited (SA)	Y	NR	03/01/20	Y	TD	2.23%	1,000,000.00
03/07/19	1,000,000	Australian Military Bank	Y	NR	02/07/20	Y	TD	2.12%	1,000,000.00
04/07/19	1,000,000	NAB	N	AA-	30/03/20	N	TD	1.95%	1,000,000.00
24/07/19	1,000,000	Bankwest	Y	AA-	24/01/20	N	TD	1.85%	1,000,000.00
30/07/19	2,000,000	AMP Bank	Y	BBB	28/01/20	N	TD	2.20%	2,000,000.00
15/08/19	1,000,000	Maitland Mutual Building Society	Y	NR	12/02/20	Y	TD	1.78%	1,000,000.00
16/08/19	1,000,000	ME Bank	Y	BBB	12/02/20	Y	TD	1.73%	1,000,000.00
26/08/19	1,000,000	Suncorp	Y	A+	21/02/20	Y	TD	1.62%	1,000,000.00
27/08/19	2,000,000	Bank of Queensland	N	BBB+	27/02/20	N	TD	1.75%	2,000,000.00
27/08/19	1,000,000	AMP Bank	N	BBB	26/08/20	N	TD	1.80%	1,000,000.00
29/08/19	1,000,000	Macquarie Bank Ltd	Y	A	25/02/20	N	TD	1.80%	1,000,000.00
03/09/19	2,000,000	Macquarie Bank Ltd	N	A	02/03/20	N	TD	1.75%	2,000,000.00
04/09/19	1,000,000	Australian Military Bank	N	NR	02/03/20	Y	TD	1.70%	1,000,000.00
25/09/19	1,000,000	TCorp Green Deposit	N	AAA	25/03/20	N	TD	1.00%	1,000,000.00
25/09/19	2,000,000	NAB	N	AA-	24/09/20	N	TD	1.60%	2,000,000.00
30/09/19	1,000,000	NAB	N	AA-	28/01/20	N	TD	1.68%	1,000,000.00
08/10/19	1,000,000	NAB	N	AA-	06/04/20	N	TD	1.93%	1,000,000.00
08/10/19	1,000,000	My State Bank	Y	NR	06/02/20	Y	TD	1.70%	1,000,000.00
21/10/19	2,000,000	NAB	N	AA-	21/04/20	N	TD	1.57%	2,000,000.00
25/10/19	2,000,000	NAB	N	AA-	25/02/20	N	TD	1.60%	2,000,000.00
29/10/19	1,000,000	ME Bank	N	BBB	28/07/20	Y	TD	1.58%	1,000,000.00
30/10/19	1,000,000	My State Bank	N	NR	29/01/20	Y	TD	1.70%	1,000,000.00
30/10/19	2,000,000	Macquarie Bank Ltd	N	A	29/04/20	N	TD	1.60%	2,000,000.00
04/11/19	1,000,000	NAB	N	AA-	03/02/20	N	TD	1.58%	1,000,000.00
06/11/19	1,000,001	AMP Bank	N	BBB	06/05/20	N	TD	1.75%	1,000,001.00
07/11/19	2,000,000	NAB	N	AA-	06/04/20	N	TD	1.58%	2,000,000.00
08/11/19	2,000,000	Suncorp	N	A	04/08/20	Y	TD	1.60%	2,000,000.00
25/11/19	1,000,000	AMP Bank	N	BBB	25/05/20	N	TD	1.90%	1,000,000.00
27/11/19	1,000,000	Coastline Credit Union	Y	NR	26/11/20	Y	TD	1.80%	1,000,000.00
28/11/19	2,000,000	Macquarie Bank Ltd	N	A	12/03/20	N	TD	1.60%	2,000,000.00
02/12/19	1,000,000	Maitland Mutual Building Society	N	NR	02/06/20	Y	TD	1.75%	1,000,000.00
03/12/19	1,000,000	AMP Bank	N	BBB	02/06/20	N	TD	1.90%	1,000,000.00
09/12/19	2,000,000	NAB	N	AA-	09/03/20	N	TD	1.60%	2,000,000.00
13/12/19	1,000,000	Summerland Credit Union	N	NR	14/04/20	Y	TD	1.80%	1,000,000.00
03/12/19	1,000,000	B & E Ltd (Bank of Us)	N	NR	02/03/20	Y	TD	1.70%	1,000,000.00
03/12/19	2,000,000	Macquarie Bank Ltd	N	A	03/03/20	N	TD	1.60%	2,000,000.00
N/A	710,735.97	CBA Business Saver	N	AA-	N/A	N	CALL	1.20%	710,735.97
N/A	3,569,810.95	NSW Treasury Corp	N	AAA	N/A	Y	CALL	1.24%	3,569,810.95
Total	72,029,147.92						AVG	1.87%	72,339,953.58

 

Note 1.	CP = Capital protection on maturity
	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)
Note 2.	No Fossil Fuel ADI
	Y = No investment in Fossil Fuels
	N = Investment in Fossil Fuels
	U = Unknown Status

 

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

 

Environmental and Socially Responsible Investing (ESRI)

 

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

 

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

 

 

Council has two investments with financial institutions that invest in fossil fuels but are nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

 

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.

 

Investment Policy Compliance

 

 

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

 

Associated Risk

 

Moving more of the investment portfolio into the ‘ethical’ space will lower the credit quality of the investment portfolio overall and continue to increase the organisation’s credit risk (i.e. exposure to potential default). To monitor this issue the ‘Investment Policy Compliance’ table is now produced for each monthly Investment Report to Council.

 

The investment portfolio is outlined in the table below by investment type for the period 1

December 2019 to 31 December 2019:

 

Dissection of Council Investment Portfolio as at 31 December 2019

 

 

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

 

The table below provides a reconciliation of investment purchases and maturities for the period of 1 December 2019 to 31 December 2019 on a current market value basis. 

 

Movement in Investment Portfolio – 31 December 2019

 

 

Term Deposit Investments Maturities and Returns – 1 December 2019 to 31 December 2019

 

         

Council’s overall ‘cash position’ 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 for operational purposes. In this regard, for the month of December 2019 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 31 December 2019

 

 

STRATEGIC CONSIDERATIONS

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.2

Ensure the financial integrity and sustainability of Council through effective planning and reporting systems (SP)

5.5.2.5

Identification of ethical investment opportunities with environmental and social inclusion outcomes

 

Legal/Statutory/Policy Considerations

 

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. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

 

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

 

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

 

Financial Considerations

 

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