Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 27 August 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

 


CONFLICT OF INTERESTS

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

 

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

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

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

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

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

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

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

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

6.    Adoption of Minutes from Previous Meetings

6.1       Ordinary Meeting held on 25 June 2020

6.2       Extraordinary Meeting held on 30 July 2020

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion and Rescission

9.1       Brunswick Heads Parking Scheme Review..................................................................... 6

9.2       Main Beach Shoreline Project - preliminary options assessment and stakeholder engagement  8

9.3       Pedestrian Safety and Amenity in Suffolk Park............................................................... 9

9.4       Street Lighting in Butler Street......................................................................................... 14

9.5       Congratulations to Sue Walker of NPWS on her retirement.......................................... 16

9.6       International Campaign to Abolish Nuclear Weapons..................................................... 18

10.  Petitions

10.1     Safer Communities - Waterlily Park............................................................................... 21

10.2     Protection of Mooibal Spur track - E2 zoning and masterplan for remaining Tallowwood subdivision......................................................................................................................................... 22

11.  Submissions and Grants

11.1     Grants and Submissions Report for August 2020........................................................... 24

12.  Delegates' Reports

13.  Staff Reports

General Manager

13.1     Request to change Railway Park Artisan Market day for one market only................... 27

13.2     Licence to the Durrumbul Community Preschool Incorporated..................................... 30

Corporate and Community Services

13.3     Council Investments - 1 July 2020 to 31 July 2020........................................................ 34

13.4     Council Investments - 1 June 2020 to 30 June 2020...................................................... 41

13.5     Report of the Public Art Panel meeting held on 11 June 2020....................................... 48

13.6     Community Initiatives Program (Section 356) - 2020/21 funding round applications.... 50

13.7     Arts and Culture Policy - Submissions Report................................................................ 53

13.8     Policy Review: Policies for Repeal................................................................................. 56

13.9     Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2020........................... 59

13.10   Local Government NSW Annual Conference 2020....................................................... 61

13.11   Carryovers for Inclusion in the 2020-2021 Budget......................................................... 64

13.12   Extension of Term for Council Committees................................................................... 69

13.13   Budget Review - 1 April to 30 June 2020........................................................................ 72

13.14   Children's Services Review............................................................................................ 80

13.15   Delivery Program 6-monthly Report and 2019/20 Operational Plan Fourth Report - Q4 - to 30 June 2020................................................................................................................................. 85

Sustainable Environment and Economy

13.16   Draft Net Zero Emissions Action Plan for Council Operations 2025 - endorsement for public exhibition.......................................................................................................................... 90

13.17   Request for revocation of Dangerous Dog Order........................................................... 94

13.18   Lot 12 Bayshore Drive - Site Strategy and Urban Design Protocol................................ 97

13.19   Unauthorised Dwellings Policy...................................................................................... 103

13.20   Federal Village Project - Community Led Governance and Place Plan...................... 108

Infrastructure Services

13.21   A request for a dedicated Jewish section at Clunes Cemetery.................................... 112

13.22   Proposal to rename Granuaille Crescent Bangalow..................................................... 116

13.23   Proposed Road Closure and Sale of Road Reserve adjoining 140 & 158 Skinners Shoot Road Lots 199 & 200 DP 755695................................................................................................... 121

13.24   Proposed lease to Brunswick Heads Surf Life Saving Club for redevelopment of the surf club  126

13.25   Bus Shelter & Bus Stop Strategic Planning.................................................................. 136

13.26   Strategic Project Planning - Funding for "Shovel-ready" Infrastructure Projects......... 141

13.27   Seven Mile Beach Road & Broken Head Reserve Road - Update.............................. 146

13.28   Rail Corridor Revitalisation Project - Final Design and Approval to Tender................. 154

13.29   Council Tender 2020-0024 - Sewer condition assessments......................................... 158

13.30   Byron Bay Rugby and Cricket Refurbishment and upgrade of Change rooms and Canteen Byron Memorial Recreation Grounds...................................................................................... 161

13.31   Submission to Reclassification of Regional Roads....................................................... 165

13.32   Tender 2020-0023 - Byron Bay Bypass Construction of Acoustic At-Property Treatments         171   

14.  Reports of Committees

Sustainable Environment and Economy

14.1     Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 January 2020................................................................................................................. 175

14.2     Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 April 2020............................................................................................................................... 177

14.3     Report of the Heritage Panel Meeting held on 11 June 2020....................................... 179

Infrastructure Services

14.4     Report of the Transport and Infrastructure Advisory Committee Meeting held on 30 July 2020  182

14.5     Report of the Local Traffic Committee Meeting held on 28 July 2020......................... 185

14.6     Report of the Water, Waste and Sewer Advisory Committee Meeting held on 30 July 2020       196   

 

15Questions 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.

 


BYRON SHIRE COUNCIL

Notices of Motion and Rescission                                                                                   9.1

 

 

Notices of Motion

 

Notice of Rescission Motion No. 9.1         Brunswick Heads Parking Scheme Review

File No:                                                          I2020/1010

 

  

 

We move that Council rescind Resolution No. 13.21 from its Ordinary meeting held on 25 June 2020 which reads as follows:

 

1.       That Council note the staff report.

 

2.       That Council defer consideration of the Brunswick Heads Parking Scheme Review until after 30 June 2021 due to the continuing impacts and uncertainties of the COVID-19 crisis.

 

3.       That Council continue to monitor parking demand within Brunswick Heads and parking occupancy rates within the existing 1P and 2P time limited areas and the area east of South Arm Bridge; and

 

4.       That the report to the August 2021 Ordinary Meeting in response to the Recommendation from the TPS Report - Brunswick Heads Parking Scheme Review 2020 (Attachment 1, #E2020/29468) include a cost/benefit analysis and implementation plan for the introduction of a Pay Parking Scheme for Brunswick Heads incorporating:

a)      Delivery Program;

b)      Meter and sensor layouts;

c)      Relevant time limit modifications;

d)      Signs and line plan;

e)      Permit system;

f)       Business case with recommended pay parking fee rate and months over which the pay parking scheme should operate; and

g)      Media and communications plan

 

If successful we intend to move:

 

1.       That in relation to Consideration of proposed parking Scheme Changes within Brunswick Heads, Council:

 

a)      Note the recommendations in the TPS Report Brunswick Heads Parking Scheme Review 2020 (Attachment 1, #E2020/29468) including the recommendation, “that Council should undertake a cost/benefit analysis with the objective to introducing metered parking into Brunswick Heads in order to address the capacity and compliance issues identified in this project” ; and

b)      Defer consideration of this report until October 2020 Ordinary Council meeting due to the current impacts of the COVID-19 crisis.

c)      Continue to monitor parking demand within Brunswick Heads and parking occupancy rates within the existing 1P and 2P time limited areas and the area east od South Arm Bridge; and

d)      Not introduce pay parking to the CBD and Beach Precincts as identified in Figure 1.1n and table 1.2b until parking occupancy rates return to 80% 

 

2.       That the repot to the October 2020 Ordinary in response to the Recommendation from the TPS Report – Brunswick Heads Parking Scheme Review 2020 ( Attachment 1, #E2020\29468) include a cost benefit analysis and implementation plan for the introduction of Pay Parking Scheme for Brunswick Heads incorporating:

 

 

a)      Delivery Program;

b)      Meter and sensor layouts

c)      Relevant time limit modifications;

d)      Signs and line plan

e)      Permit system;

f)       Business case with recommended pay parking fee rate and months over which the pay parking scheme should operate; and

g)      Media and communications plan.

 

Attachments:

 

1        TPS Report - Brunswick Heads Parking Scheme Review 2020, E2020/29468  

 

 

Signed:   Cr Simon Richardson

Cr Sarah Ndiaye

Cr Jeannette Martin

 


BYRON SHIRE COUNCIL

Notices of Motion and Rescission                                                                                   9.2

 

 

Notice of Rescission Motion No. 9.2         Main Beach Shoreline Project - preliminary options assessment and stakeholder engagement

File No:                                                          I2020/1015

 

  

 

We move that Council rescind Resolution No. 20-347 from its Ordinary meeting held on 25 June 2020 which reads as follows:

 

1.       That Council notes the preliminary options assessment and top seven concept designs presented in the Concept Design Development – Report (Attachment 1 – E2020/40490).

2.       That Council endorses the top seven concept options outlined in Attachment 1 (E2020/40490) for key stakeholder and broader community engagement.

3.       That Council receives a report following the community engagement detailing the submissions received and staff response to these submissions.                        

 

 

If successful we intend to move:

 

That Council call to extend the range of hard revetment concept designs presented by Bluecoast consulting engineers on 25 June 2020 (Res. No. 20-347) to include soft and hybrid designs in the mix. These designs to:

 
•        better support beach recovery and resilience after storm events
•        increase and improve social, cultural and recreational spaces at Main Beach
•        enhance the protection of current built infrastructure and the town
centre                   

 

 

Attachments:

 

1        Rescission motion support information - Jonson Street Protection Works, E2020/60422  

 

 

Signed:   Cr Jan Hackett

Cr Paul Spooner

Cr Cate Coorey

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Pedestrian Safety and Amenity in Suffolk Park

File No:                                  I2020/1160

 

  

 

I move that Council:

 

1.       Notes the advice from the Suffolk Park Progress Association regarding longstanding pedestrian access and safety issues on Broken Head Road, Beech Drive and Clifford Street.

 

2.       Supports installation of marked pedestrian crossings as shown on the attached Pedestrian Amenity and Safety Plan at the following locations.

a)      Broken Head Road adjacent to the nearby bus stops and the aged care home on the corner of Beech Drive.

b)      Southern end of Beech Drive adjacent to bus stop at the existing raised platform on the road.

          c)      Clifford Street adjacent to the supermarket and shops.

 

3.       Investigates further traffic calming and other treatments to slow traffic within the retail and service precinct as shown on the Pedestrian Amenity and Safety Plan including implementation of a 40kph or lower speed limit and a shared zone.

 

4.       Notes that the proposed pedestrian crossings are consistent with project SP003 in the Bike Plan and projects SP003, SP005 and SP006 in the Pedestrian, Access and Movement Plan.

 

5.       Refers the regulatory issues to the Local Traffic Committee to identify relevant regulatory requirements.

 

6.       Identifies a funding pathway at the next Quarterly Budget Review and receive a further report.

 

Attachments:

 

1        Suffolk Park Pedestrian Amenity and Safety Plan, E2020/58667  

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

The Suffolk Park community is cut in two by Broken Head Road.

 

Continuing residential growth on both sides of the road is exacerbating longstanding concerns regarding pedestrian safety and amenity in and around the retail and services precinct in Suffolk Park, centred around the Clifford Street/Broken Head Road intersection.

 

Councillors will recall the high number of submissions regarding cyclist and pedestrian safety that were received when the Bike Plan and PAMP were exhibited.

 

With the development of the sports fields on the west side, there is increasing foot and cycle movements by young people.

 

The main access point for residents on the west side is the southern end of Beech Drive intersection with Broken Head Road where residents negotiate a crossing to the east side at the roundabout. There is also an aged care facility on the north-west corner of this intersection.

 

The Suffolk Park Progress Association has provided the following advice.

 

What the Suffolk Park Progress Association (SPPA) are lobbing for is

A marked Pedestrian Crossing on Broken Head Road near the RSL aged Care facility ideally close to the two bus stops that are situated on the east and west side of Broken Head Rd, and two more pedestrian crossings, one on southern end of Beech Drive near bus stop and another marked crossing on Clifford St. near IGA.

We seek Councils support in lobbying the RMS via the councils  Roads and Traffic committee to facilitate action to improve safety on the road for pedestrians crossing, not just the vulnerable aged community but also the young people.

The Suffolk Park shopping facility is located on Clifford St east of Broken Head rd. and all residents from the west side of Broken Head rd, where our RSL home is located, have to cross the road to shop or go to the doctors and phyiso or to get to the beach. Likewise, our youth have to cross to the west side of Broken Head rd. to get to the main recreational facility in Suffolk (tennis courts, soccer field, main childrens playground, skate park, cricket nets, BBQ facilities and soon to be completed bike pump track.

The Broken Head Rd. is now a main thoroughfare from the south into the Bay and is always busy and as you may well know is often a bottle neck into the Bay town ship.

Currently there is a traffic island right on the B.P. service station roundabout that has very poor visual security and not safe at all for the older residents or young people to use. I am a reasonably fit person and I have to be very cautious crossing there. In the last week there was a frighteningly close call with a person in a wheel chair who was almost hit by a car and he was using the traffic island.

Additional to a marked crossing on Broken Head Rd. we would also recommend some serious traffic smoothing options extending from Clifford St intersection  north to past the RSL Age care facility and bus stops. Traffic smoothing  should include reducing the speed limit to 40K per hour and a raised coloured road surface  to clearly signify that traffic is now in a residential zone.

Through traffic do not realise that they have entered a residents zone in our village.

The traffic flow is now that consistent that we would even suggest having a flashing traffic 40K signal as is used around school zones.

Marked pedestrian crossings on Beech Drive and Clifford St. I believe should be an easier option being local roads. The Suffolk Community ask the council to act asap installing marked crossings on these two very busy village streets which will assist youth crossing to the sports fields  on beach drive and the shoppers to cross safely on Clifford St,

Donald Maughan

Suffolk Park Progress Association

Pedestrian Amenity and Safety Plan

The attached Pedestrian Amenity and Safety Plan indicates the approximate location of bus stops and proposed pedestrian crossings. The Plan also shows an investigation area for further traffic calming and pedestrian sharing treatments. A reduced speed limit of 40kph is recommended.

The crossing on Broken Head Road is proposed adjacent to the existing bus stops on either side near the RSL aged care facility.

The crossing on Beech Drive is proposed on the existing raised platform in the roadway as this is the spot that is regularly used by people crossing towards the sports fields. It is also adjacent to a bus stop.

The crossing on Clifford Street is proposed adjacent to the supermarket and nearby shops and services. There are also bus stops in this location not shown on the attachment.

Bike Plan and PAMP

The Bike Plan and PAMP both list three upgraded crossing points (SP003) at the Beech Drive intersection. All located on the roundabout, presumably as ‘pedestrian refuges’.  These are inadequate in such a high traffic area and in such proximity to the roundabout. The comments made by Donald Maughan regarding the near miss of a person in a wheelchair need to be seriously considered and addressed. As Donald notes, extreme vigilance is required at all times due to the layout of the roundabout and the service station access that runs off it. With a nearby frail aged facility and increasing numbers of young people and cyclists, a safer and more useful approach would be to relocate the crossings to the locations shown on the Pedestrian Amenity and Safety Plan.

Bike Plan and PAMP project SP003 includes construct or upgrade of short sections of paths to link the crossings proposed in the motion to existing paths along Broken Head Road (east) to Clifford Street and also extend a shared path to the proposed Beech Drive crossing west from the roundabout.  There is an existing path north of the roundabout on the east side of Broken Head Road linking to the proposed crossing point at the bus stop and PAMP project SP003 includes a path on the west side back to Beech Drive.  PAMP project SP006 is for a path along Clifford Street from the Broken Head Road intersection. The projects referred to are all either high priority or priority projects in the Bike Plan and PAMP.

In short the proposed Pedestrian Amenity and Safety Plan is consistent with both the Bike Plan and PAMP and the projects referred to can be modified to achieve a safer and more useful outcome.

Staff comments by Andrew Pearce, Traffic Engineer, Infrastructure Services:

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

 

Council does not have the delegated authority to install a marked (Zebra) pedestrian crossing without TfNSW approval.

 

In addition, TfNSW typically do not approve marked (Zebra) pedestrian crossing unless specific warrants have been met and this will require evidence from a detailed traffic and pedestrian movement assessment investigation and report in order to demonstrate the warrants are achieved such that the installation of a pedestrian crossing is supportable.

 

A road safety and site assessment review along with a speed zone review by TfNSW would normally be undertaken in conjunction with the traffic and pedestrian movement assessment to determine the requirements in terms of traffic calming facilities such as pedestrian crossings or refuges and TfNSW approval would also be required before Council could implement any reduced speed zone signage as TfNSW has the sole delegated authority to modify speed zones.

 

The Bike Plan and PAMP identify that crossings need to be upgraded however, detailed investigation is required to determine the nature of the facilities to be installed.

 

Council would also need to obtain concurrence from TfNSW for proposed works on Broken Head Road (MR545) as the road is a Regional Road.

 

Council has not undertaken any of these investigations to date and there is currently no identified funding source to do this work.

 

Warrants for pedestrian crossings are explained in the following TfNSW document:

 

·    Roads and Maritime Supplement to AS1742.10-2009: Manual of Uniform Traffic Control Devices – Part 10: Pedestrian control and protection – Version 3

The following table is a brief summary of the TfNSW warrants.  To explain the table, under Normal Warrants if the vehicle flow per hour is V = 500, then the minimum pedestrian flow per hour must be P = 120 people per hour for 3 hours (being 60,000 ÷ V).

 

 

Pedestrian flow per hour (P)

Vehicle flow per hour (V)

PxV

Normal Warrants1

³ 30

³ 500

³ 60,000

Reduced Warrants#12

³ 30

³ 200

-

Reduced Warrants#23

³ 30

³ 20

³ 60,000

Special Warrant4

³ 30

³ 500

45,000 ≤ PxV ≤ 60,000

 

Notes:

1. Normal Warrant values must be met in three separate one hour periods in a typical day.

2. Reduced Warrants#1 apply where the site is used predominately by school children, is not suitable site for a Children’s Crossing and (P) / (V) values are met in two counts of one hour duration immediately before and after school hours.

3. Reduced Warrants#2 apply if at least 50% of pedestrians using the crossing are aged or impaired and (P), (V) & (PxV) values are met in three one hour periods in a typical day.

4. Council must justify why this location is in need of a special crossing.

 

A refuge exists on the southern leg of the Beech Drive roundabout.  Recently completed footpath and ramp works link the aged care home to this refuge.

 

As noted above, Council has not undertaken any traffic and pedestrian movement assessment investigations to date and Council currently does not have a method for surveying pedestrian traffic.

 

Council does not have any pedestrian data or traffic data at the specific locations proposed on Broken Head Road with the most recent traffic count locations being approximately 2km north and 1km south of Clifford Street.

 

Council has traffic data for Clifford Street but no traffic data for Beech Drive which may have less traffic movements than Clifford Street which provides access to beaches, commercial shops, child care and tourist accommodation.

 

Clifford Street does not meet the minimum vehicle flow per hour requirement of ³ 500 to be considered a Special Warrant candidate.

 

Financial/Resource/Legal Implications:

 

Should Council wish to proceed further with the works proposed in the NOM a funding pathway would need to be determined as part of the next quarterly review process as these works are not funded under the current approved budget.

 

The combined projected balance for the Civic Improvements and Cycleway Developer Contributions reserves for 20/21 is an estimated $336,000.

 

 

Is the proposal consistent with any Delivery Program tasks?

 

While the community request is consistent with Community Solutions Panel Recommendation 1 the request does not seem to have a specific Operational Plan Activity identified for works however, there is overlap with Operational Plan Activity 1.1.3.1 and 1.3.1.2. as shown below.

 

 

 

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Street Lighting in Butler Street

File No:                                  I2020/1191

 

  

 

I move that given the invasive nature of highway lighting on homes along Butler Street, Council reappraise the number of streetlights and strength of the wattage used in the residential area of the Bypass.

 

 

 

 

Signed:   Cr Jan Hackett

 

Councillor’s supporting information:

 

Many complaints have been received re the newly design streetlights running along the Butler Street bypass.

 

Eg: "Jan Hackett They are highway lights, don't you know the difference, they are completely invasive, I am on the back lane, one house back from Butler St, the lights are that high they light up inside my house like a tennis court, above the trees, above any houses, if thats not invasive I don't know what is”

 

Other complainants spoke about their inability to sleep under such invasive lighting and its impact on their health.

 

While Essential Energy determined the wattage appropriate to be either 150W or 200W, later communications identified 100W would also be appropriate. 

 

150W have been used and these are appropriate for the Bus depot and park stretch. However, it does seem highly invasive for a residential area. The lights are designed for a major highway, rather than a small bypass. 

 

I note in other parts of Byron Bay, eg, Shirley St and Ewingsdale Road, lighting is not always continuous on both sides of the street. In residential areas lighting is more often than not, only on one side of the street, I imagine in consideration of residents living along any major road.

 

Given the amount of lighting designed for the Bus Depot and Railway Station precinct, together with these highway lights running along both sides of Butler Street as far as Glen Haven, residents in that vicinity indeed have an argument.

 

Could staff not reappraise the strength and number of the lights running beside Butler Street homes??

•        100W lamps and one side of the street only?

•        height of streetlights and direction of beams?

 

Staff comments by Joshua Winter, Client Representative – Byron Bay Bypass, Infrastructure Services:

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

 

Council commissioned the design of the street lighting to be in accordance with Australian Standard 1158 (Street Lighting for Public Roads).  The design elected the bypass as a sub-arterial road, selecting V5 category for the design of the lights, which is the lowest category of lighting on a road that is vehicle dominant (lower lighting is permissible in pedestrian dominant locations such as cul-de-sacs, parks and housing estates).  Those roads are nominated as a P category, which is not acceptable for the Byron Bay town centre bypass.

 

Initially, because Essential Energy did not have a standard LED luminaire selection table, the designer nominated a 200W product as a trial that was agreed with Essential Energy (a trial of the LED product that was relatively new at the time).  Once these were installed, it became apparent that the level of lighting was overdesigned and the project team then undertook a design check to determine the lowest level of lighting that would satisfy V5 category on the bypass.

 

The nominated supplier and product being Sylvania RoadLED, has luminaires in varying strengths, including 80W, 100W, 120W, 150W.  The project team determined that the lowest luminaire that would satisfy V5 category is 100W, however unfortunately Essential Energy only allow 80W or 150W to be specified and this forced the project team to specify 150W luminaires.  For 80W to comply, the location of the lanterns would need to be changed, and there would be more lanterns required to achieve the same level of light with a lower strength lantern. Furthermore, with a lower lantern height, there is less light spread which further requires more lanterns to achieve the required lighting.

 

150W is therefore required as the lowest luminaire that Essential Energy will accept that meets the Australian Standard design requirements mentioned above. 

 

Numerous attempts by Council and the public have been made to Essential Energy to allow 100W luminaires, but no concession has been made.  Staff have advised Essential Energy that there is insufficient budget for the project to pay for 100W lanterns, because we were already forced to purchase 150W lanterns.  If Essential Energy revoke a previous decision, they will be required to fund the new 100W lanterns.

 

The project team have also sourced a product that reduces light spill, as a physical insert that will be installed into the luminaires, as well as another product that changes the angle of the lantern to face the light directly downward.  These are yet to be installed but will be installed prior to completion of the project.

 

Financial/Resource/Legal Implications:

 

To relocate existing lantern locations and/or add additional lanterns to ensure that 80W luminaries comply with V5 category of AS1158 will require additional funding that the project has not allowed for and has insufficient funding for.

 

If 80W luminaires are installed in the current lantern locations, the lighting will not comply with AS1158 and Council will then accept liability by not providing sufficient lighting on the bypass if there was a traffic incident in the future.

 

Is the proposal consistent with any Delivery Program tasks?

 

No.  The lighting on Butler Street has already been constructed in accordance with AS1158 and there is insufficient budget to reinstall alternate lanterns if Essential Energy revoke the previous decision and to now allow 100W luminaires.


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.5

 

 

Notice of Motion No. 9.5     Congratulations to Sue Walker of NPWS on her retirement  

File No:                                  I2020/1192

 

  

 

I move the Council:

 

1.       Notes the impending retirement of Sue Walker, National Parks and Wildlife Service (NPWS) Area Manager

 

2.       Acknowledges the achievements of Sue in her 37 (TBC) years with NPWS; and

 

3.       Sends a message of congratulations and thanks to Sue for her work for the community.

 

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

Sue's first job was with the National Parks and Wildlife Service in 1983 was finalising the Rainforest Decision and preparation of the World Heritage nomination for the Subtropical and Temperate Rainforests of Eastern Australia (now Gondwana Rainforests Reserves of Australia).

She initiated the North East Forest Biodiversity Study, the first systematic regional flora and fauna survey in NSW and prepared the Wilderness Assessment Reports for most of our now protected Wilderness Areas.

Locally her roles included creating Cumbebin Swamp Nature Reserve and additions to Tyagrah Nature Reserve. 

She represented NPWS in the North Ocean Shores Planning Inquiry and in stopping logging of the Blackbutt Plateau, now in Mount Jerusalem National Park, and Whian Whian.

From 1996 until 2001 Sue worked as a Senior Strategic Planner for Byron Shire Council. In that time she was instrumental in the establishment of community groups throughout the Shire for Local Area Management Plans to give the community a say in planning, resulting in the Byron Rural Settlement Strategy and amendments to the Byron Local Environmental Plan to satisfy community aspirations. This involved achieving negotiated outcomes with landowners in the North Ocean Shores, Broken Head and Skinners Shoot Planning Studies.

In 1999 Sue won a National Award from the Royal Australian Planning Institute and NSW Award from the Local Government and Shires Association for preparation of the Byron Rural Settlement Strategy and the Byron Flora and Fauna Study.

From 1994 she worked with the Arakwal elders, Yvonne Graham, Lorna Kelly, Linda Vidler and Dulcie Nicholls, in obtaining recognition of native title and negotiating 4 Indigineous Land Use Agreements resulting in creation of Arakwal National Park, Tea Tree Lake Aboriginal Area, as well as additions to Broken Head and Cumbebin Swamp Nature Reserves. In the process creating meaningful work for Arakwal people on country, giving them a real say in management and realising their land claims.

The Arakwal National Park was recognised by an IUCN award in 2003 for being the first national park in Australia to be created under a native title agreement.

In 2014 Arakwal National Park and Cape Byron State Conservation Area were the first reserves in the world included on IUCNs Green List for best practice in management of protected areas.

She supported the tourism industry by winning a number of NSW and National tourism awards for Cape Byron Lighthouse and the Arakwal Education Program, and having the Cape Byron Lighthouse included on State and National Heritage Lists.

Sue resolved contentious issues regarding management of The Pass, created the lighthouse road boardwalk, upgraded community facilities at Wategoes, The Pass, Cosy Corner and Broken Head.

Staff comments by Vanessa Adams, Director Corporate & Community Services,

If adopted, staff will prepare a letter for signature by the Mayor

 

Financial/Resource/Legal Implications:

 

Not applicable.

 

Is the proposal consistent with any Delivery Program tasks?

 

Not applicable.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.6

 

 

Notice of Motion No. 9.6     International Campaign to Abolish Nuclear Weapons

File No:                                  I2020/1193

 

  

 

I move that Council:

 

1.       Acknowledges the victims and survivors of the atomic bombings of Hiroshima and Nagasaki, and the 75th anniversaries this year this of these attacks – on 6 and 9 August respectively;

 

2.       In commemoration of these anniversaries, endorses the International Campaign to Abolish Nuclear Weapons ‘Cities Appeal’, and publishes the public statement of endorsement, which reads as follows:

“Our Shire is concerned about the grave threat that nuclear weapons pose to communities throughout the world.

 

We firmly believe that our residents have the right to live in a world free from this threat. Any use of nuclear weapons, whether deliberate or accidental, would have catastrophic, far-reaching and long-lasting consequences for people and the environment.

Therefore, we warmly welcome the adoption of the Treaty on the Prohibition of Nuclear Weapons by the United Nations in 2017, and we call on our national government to sign and ratify it without delay.”
;

 

3.       Writes to inform the foreign minister, Senator the Hon Marise Payne, that Byron Shire has endorsed the ICAN Cities Appeal;

 

4.       Issues a media release announcing that Byron Shire has joined the International Campaign to Abolish Nuclear Weapons ‘Cities Appeal’ and the call for the national government to sign and ratify the UN Treaty on the Prohibition of Nuclear Weapons;

 

5.       Takes steps to ensure that funds administered by Byron Shire Council are not invested in companies that produce nuclear weapons, and

 

6.       Notifies our local MPs, Tamara Smith, Ben Franklin and Justine Elliott and asks them also to support the International Campaign to Abolish Nuclear Weapons, and request that they also encourage the Australian government to sign and ratify the UN Treaty on the Prohibition of Nuclear Weapons.

 

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

The 75th anniversaries earlier this month of the bombings of Hiroshima and Nagasaki on 6 and 9 August, present an opportunity for reflection, remembrance and action. Unfortunately, the threat of nuclear weapons has not been relegated to that of a bygone era, but remains a present and real threat of our times.

In the 1980’s, during the peak of the Cold War arms race, councils across Australia and many hundreds internationally, declared themselves nuclear-free zones. These declarations represented a grassroots participation in the humanitarian debate happening globally, at all levels of government, with real-life implications for the health and security of constituents.

Thirty years on, instead of dismantling bombs and investing in healthcare and other essential services; nuclear weapons states continue to bolster their weapons arsenals and dismantle longstanding disarmament agreements. A recent ICAN report reveals how the nine nuclear-armed nations spent $72.9 billion dollars on nuclear weapons in 2019 alone.

In response to these renewed and persistent nuclear threats, the world’s non-nuclear weapons states have negotiated the first international legal instrument to comprehensively outlaw nuclear weapons, setting out a pathway for their elimination. As other nuclear arms control agreements are undermined or collapsing, this new accord provides a much-needed pathway forward.

The United Nations Treaty on the Prohibition of Nuclear Weapons prohibits nations from developing, testing, producing, manufacturing, transferring, possessing, stockpiling, using or threatening to use nuclear weapons – or allowing nuclear weapons to be stationed on their territory. Adopted at the United Nations in 2017, it also prohibits them from assisting, encouraging or inducing anyone to engage in any of these activities.

Australia has not yet joined the Treaty. Now, just as in the 1980s, it is in the hands of everyday people to put the treaty in front of our decision-makers and office-holders, to indicate our support for Australia’s ratification.

Australia has joined the treaties prohibiting other inhumane and indiscriminate weapons including biological weapons, chemical weapons, landmines and cluster munitions. It is inevitable that we also join the nuclear weapon ban treaty.

The International Campaign to Abolish Nuclear Weapons Cities Appeal is the mechanism by which councils can engage and participate in the nuclear weapons debate of our time. Nuclear disarmament is council business because civilians, cities and towns are the targets of these weapons of mass destruction.

27 Councils across Australia have already endorsed the Cities Appeal, calling on our federal government to sign and ratify this treaty without delay.

 

We now invite you to join them, with an endorsement of the Cities Appeal in the same month as the 75th anniversary of the bombings of Hiroshima and Nagasaki.

 

The most powerful way to honour the victims and survivors of nuclear weapons is to progress the elimination of these abhorrent weapons. We must not tolerate their existence or accept security frameworks based on nuclear incineration. The mindset that bestows prestige on nuclear arms is immoral, illogical and illegitimate.

 

The COVID-19 pandemic continues to demonstrate the fragility of global public health systems and the power of cooperation among nations. Our world is not equipped for a single nuclear detonation, a catastrophe that can be avoided with diplomacy and negotiation.

 

Staff comments by Vanessa Adams, Director Corporate and Community Services,

 

If adopted, staff will prepare correspondence for signature by the Mayor, media release and take steps to address the investment issue, noting that it is not possible to determine where major funds are invested in every respect, nor can Council control where financial institutions invest funds.

 

Financial/Resource/Legal Implications:

 

The actions will be undertaken within existing budget allocation.

 

Is the proposal consistent with any Delivery Program tasks?

 

The actions are consistent with the role of Council to lobby State and Federal Government on actions endorsed by Council on behalf the Shire’s community.


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Safer Communities - Waterlily Park

Directorate:                 Infrastructure Services

Report Author:           Michael Matthews, Manager Open Space and Resource Recovery

File No:                        I2020/933

                                       

 

 

We the local community support BSC’s application for safer communities grant, to provide high tech surveillance relayed from Waterlily Park, Ocean Shores directly back to Byron Council and the Police to protect the assets, Playscape equipment and facilities that have been provided for the community’s recreation and enjoyment in this park; deter vandals put an end to racist remarks being painted inside the public toilets and on park furniture within this Park ”

 

Comments from Director Infrastructure Services, Phil Holloway:

 

The matters described in the petition and supporting documents, requesting the seeking of funds for CCTV installation and management are considered to be for the purpose of property protection and deterrence of anti-social behaviours. 

 

It is acknowledged by staff that the matters as described create nuisance and impact amenity and enjoyment of the park by the community.  In response to the petition, Council staff will review Crime Prevention through Environmental Design (CPTED) measures including appropriate signage.

 

The installation of CCTV for reasons of property protection and the deterrence of anti-social behaviour at this location is not supported by staff at this stage as the above mentioned matters are considered to be better managed by other CPTED measures.  Staff notes that no approach from the NSW Police for CCTV installation for this park has been received to date.  In general, requests and consideration of CCTV facilities in public open spaces is in response to serious concerns with community safety and or crime at a location.  

 

  

 

RECOMMENDATION:

1.       That the petition regarding Safer Communities - Waterlily Park be noted.

 

2.       That the petition be referred to the Director Infrastructure Services.

 

 

Attachments:

 

1        Confidential - Petition from Tina Petroff with 332 Signatures regarding for Safer Communities Waterlily Park, E2020/45782  

2        Confidential - Letter from Tina Petroff regarding Petition Safer Communities - waterlily park, E2020/45775  

 

 


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.2

 

 

Petition No. 10.2         Protection of Mooibal Spur track - E2 zoning and masterplan for remaining Tallowwood subdivision

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2020/1037

                                       

 

Council is in receipt of a petition containing 121 signatures which seeks:

 

1.   Confirmation that if Mr Freeman fails to honour his previous verbal commitment to consent

to an E2 zoning for the Mooibal Spur before Council considers the current for stages 8

and 9, Council will impose a formal consent condition requiring developer consent to the E2

zoning;

 

2.   Clarification of the funding commitment to ensure this inclusion in E2 zone proceeds;

 

3.   Clarification of Councils' strategy to ensure that the E2 zoning can be honoured if relevant

land passes into private ownership, in particular that no clearing or tree felling can take

place;

 

4.   Confirmation that Council will require (and enforce the requirement the developer

perform the weed control commitments set out in the Biodiversity Conservation

Management Plan ordered by the court before approving stages 8 and 9; and

 

5.   A commitment to require appropriate and legally secure public access to Mooibal Spur from

stages 6 and 7 as well as from the proposed new bikeway at the far end of stage 9; and

 

6.   A commitment to require "dedication" of the land on which the track lies to public

ownership as a condition of approval of stages 8 and 9.

 

 

Comments from Director of Sustainable Environment and Economy:

 

The matters raised 1-6 in the petition relate to either development application and planning proposal matters that are currently the subject of staff assessment.

 

https://www.byron.nsw.gov.au/Services/Building-development/Planning-in-progress/Environmental-Zones-E-Zones?BestBetMatch=e%20zoning|d13b95b2-5146-4b00-9e3e-a80c73739a64|4f05f368-ecaa-4a93-b749-7ad6c4867c1f|en-AU

 

http://actus:1091/masterviewui-external/application/advancedsearchresult?RemoveUndeterminedApplications=False&ApplicationYear=2020&ApplicationNumber=97&ApplicationType=5%2C10%2C11%2C13%2C16&DateFrom=&DateTo=&DateType=1&ApplicationDescription=&StreetNumberFrom=&StreetNumberTo=&StreetName=&SuburbName=&LotNumber=&PlanNumber=

 

 

http://actus:1091/masterviewui-external/application/advancedsearchresult?RemoveUndeterminedApplications=False&ApplicationYear=2020&ApplicationNumber=109&ApplicationType=5%2C10%2C11%2C13%2C16&DateFrom=&DateTo=&DateType=1&ApplicationDescription=&StreetNumberFrom=&StreetNumberTo=&StreetName=&SuburbName=&LotNumber=&PlanNumber=

 

Each of these matters raised where applicable and or legally appropriate will be considered by staff and reported to Council as part of either the development application and planning proposal process by or before the end of the year.

 

 

  

 

RECOMMENDATION:

1.       That the petition regarding The Protection of Mooibal Spur Track  be noted.

 

2.       That the petition be referred to the Director Sustainable Environment and Economy.

 

 

 

Attachments:

 

1        Confidential - Petition - Regarding Protection of Mooibal Spur Track (121 Signatures), S2020/6434  

 

 


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Grants and Submissions Report for August 2020

Directorate:                 Corporate and Community Services

Report Author:           Alexandra Keen, Grants Coordinator

File No:                        I2020/1141

                                       

 

 

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 (E2020/57767) for Byron Shire Council’s Submissions and Grants as at 3 August 2020.

 

Attachments:

 

1        Grant Submission Report - August 2020, E2020/57767  

 

 


 

REPORT

 

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

 

Successful applications

 

Council was successful in obtaining a combined $2,298,891 of funding from the Fixing Local Roads 2019 program, and a grant from NSW Department of Industry, Planning and Environment for a project for Koala Food for the Future.

 

Unsuccessful applications

 

Council was unsuccessful in securing funding for Building Better Regions Fund Round 4, Clubsgrants Infrastructure Stream, and the Flying Fox Grant Program.

 

Applications submitted

 

Two grant applications were submitted in July 2020 under the Crown Reserves Improvement Fund for:

·        weed eradication activities at Summers Park, Mullumbimby;

·        replacing the public toilet block at South Beach Road, Brunswick Heads.

 

Upcoming grant opportunities

 

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

 

·        Safer Roads Program and Black Spot Program;

·        Fixing Country Roads 2020;

·        Combating Illegal Dumping: Clean Up and Prevention Program; and

·        Habitat Action Grants.

 

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 $9.6 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

$9,687,076

Council cash contribution

$2,633,850

Council in-kind contribution

$182,255

Other contributions

$39,199

Funding applications submitted and awaiting notification (total project value)

$12,542,380

 

Consultation and Engagement

 

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


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.1

 

 

Staff Reports - General Manager

 

Report No. 13.1           Request to change Railway Park Artisan Market day for one market only

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2020/1129

                                       

 

 

Summary:

 

The Byron Bay Community Association Incorporated requests a variation to its Railway Park Artisan Market Licence to move the market scheduled on Saturday 26 September 2020 to Friday 25 September 2020 due to a clash with the monthly Byron community market.

 

  

 

RECOMMENDATION:

That Council, authorise the General Manager, under delegation, to vary the Railway Park Artisan Market Licence held by the Byron Bay Community Association Incorporated to move the scheduled 26 September 2020 market to 25 September 2020.

 

 

 

 


 

REPORT

 

Council resolved (16-001) to grant a Market Licence to the Byron Bay Community Association Incorporated (‘BBCA’) to operate a weekly artisan market on each Saturday in Railway Park.

 

Council then resolved (18-350) to suspend the Railway Park artisan markets for the entire period of the upgrade and to give the BBCA the discretion to close the markets during winter months if participation rates fell.

 

Since the grant of the Market Licence for artisan markets at Railway Park to BBCA in 2016, the BBCA was required to close the market for eight months during an upgrade to Railway Park, has had to suspend the markets due to poor participation during cooler winter months and more recently suffered a completed shut down due to COVID-19.

 

COVID shutdown:

 

The BBCA was forced to close the Railway Park Artisan Markets from mid March 2020 due to the COVID-19 pandemic.  Following NSW Public Health COVID guidelines, non-food markets may now open with a compliant COVID-19 Safety Plan.

 

The BBCA has provided Council with its COVID-19 Safety Plan for the re-opening of the market at the end of September to coincide with school holidays.

 

Request to move market day for one market only:

 

The BBCA requests that Council vary its market licence to move the scheduled Railway Park artisan market from Saturday 26 September 2020 to Friday 25 September 2020 only. The move is requested to avoid a clash with the monthly Byron Community market that is scheduled for Saturday 26 September 2020.

 

This report recommends that Council approves the change in one Railway Park Artisan Market date from 26 September to 25 September 2020.

 

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

2.1

Support and encourage our vibrant culture and creativity

2.1.7

Support range of existing, emerging and major events

2.1.7.3

Administer licences for weddings, events, activities and filming on council and crown land

 

Legal/Statutory/Policy Considerations

 

Local Government Act 1993 (NSW)

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

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

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

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

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

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

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

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

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

 

Financial Considerations

 

Nil

 

Consultation and Engagement

 

Nil


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Licence to the Durrumbul Community Preschool Incorporated

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2020/1159

                                       

 

 

Summary:

 

The Durrumbul Community Preschool Incorporated (‘the Preschool’) holds a ten year licence that will expire on 30 June 2024.  The Preschool has requested a new long-term licence to be eligible for grant funding.

 

  

 

RECOMMENDATION:

That Council, as the Crown Land Manager for Reservation 55796, delegate to the General Manager the authority to negotiate and enter into a new licence with the Durrumbul Community Preschool Incorporated over part Lot 5 DP 832186 as follows:

 

a)      for a term of ten (10) years;

b)      for the purpose of early childhood education and care;

c)      annual rent set by the value of minimum Crown and thereafter increased by CPI all groups Sydney;

d)      the Licensee to pay all outgoings other than annual fixed rates and charges;

e)      all non-structural maintenance to be carried out by the Licensee at the Licensee’s cost; and

f)       the Licensor to provide subsidised rent to the value of market rent as calculated at 6% of the land Unimproved Capital Value less rent payable by the Licensee set at minimum Crown rent.

 

 

 

 


 

REPORT

 

The Durrumbul Community Preschool Incorporated (‘the Preschool’) has contacted Council for a long-term licence for eligibility for grant funding.  The Preschool has three years remaining on its current licence and because of this it is not eligible for grant funding.

 

The Land:

 

The Preschool occupies the old Durrumbul Hall located on Crown land managed by Council.  Reserve R55796 being folio 5/832186 was reserved from sale for public recreation on 10 November 1922 and later expanded to include community purposes.  The Reservation is part of the Widjabal Clan Native Title claim that is yet to be determined.

 

Proposed Licence:

 

The Preschool is a registered charity (25 358 409 498) and approved childcare provider (PR-00004592) and holder of a current ten year licence that expires on 30 June 2024. The Preschool has requested a longer term licence for eligibility to apply for grant funding to urgently update the schools ageing toilet block and to install wheel chair access. 

 

The proposed licence is to commence 1 September 2020.

 

Legislative authority to grant proposed licence:

 

Council as the Crown Land Manager for reservation R55796 may grant a new licence prior to adopting a Plan of Management over the reserve under clause 70(2)(c) Crown Land Management Regulations 2018 (NSW) if:

 

a)   a licence was in place immediately before 1 July 2018; and

b)   no additional permitted uses of the land.

 

The Pre-school held a Crown licence on 1 July 2018 for the purpose of community pre-school.  The proposed new licence would be offered under same the same terms as the current licence, therefore no additional permitted uses of the land.

 

Subsidies:

 

a)   Rent:

 

Council’s Children’s Services Policy provides that Council will continue to support community pre-schools in the Shire by the provision of land and/or buildings for the delivery of services to children aged 3 – 5 years at nominal costs to the pre-school.

 

As a result, this report recommends that Council would provide subsidise rent to the Preschool in accordance with the following calculations:

 

i.    Market rent is calculated at 6% of the Unimproved Capital Value (UCV) of the land;

ii.    Rent payable by the Preschool is set at the value of minimum Crown rent as determined by clause 38 of the Crown Lands Management Regulations 2018 (NSW) and thereafter increased annually by CPI all Groups Sydney; and

iii.   Council subsidise rent to the value of Market rent less minimum Crown Rent (exclusive of GST).

 

b)   Outgoings payable by the Preschool

Council’s Policy 12/008 Section 356 Donations, Rates, Water and Sewerage Charges provides for financial assistance donations by Council to eligible not for profit organisations for fixed rates and charges accordance with section 356 of the Local Government Act 1993 (NSW). 

 

This report also recommends that Council provide financial assistance to the Preschool to the value of annual fixed rates and charges.

 

Direct negotiation:

 

Council is permitted to directly negotiate when the value of the licence is very low relative to the cost of conducting a competitive offer.  Rent payable under the proposed is the value of minimum Crown rent currently $490 per annum exclusive GST being relatively low compared to the average cost to run a tender being upward of $7,000.

 

Asset maintenance:

 

To ensure the ongoing maintenance of Council’s asset, a building audit report has been requested.  All non-structural building defects identified in that report will be passed to the Preschool to repair at its cost.  The proposed licence will require the Preschool to report annually to Council by 31 December listing all repairs completed.

 

Native title:

 

The proposed licence can be validated as a future act under s24JA of the Native Title Act because the historical reservation of the land from sale took place prior to 23 December 1996.

 

As the proposed act does not involve the construction of a public work there is no notification requirement, however Council will voluntarily notify of the proposed licence. Council may be liable for compensation under the provisions of the Native Title Act 1993 (Cth) and Crown Land Management Act 2016 (NSW) for the impact on native title rights and interests by the proposed licence.

 

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

 

Clause 70   Exemption from operation of section 3.22 of Act for granting licences and leases

during initial period

(1)      This clause applies to a council manager of dedicated or reserved Crown land during the initial period referred to in section 3.23 of the Act (the pre-POM Crown land) until whichever of the following occurs first:

(a)      the council adopts its first plan of management for the land for the purposes of section 3.23 of the Act,

(b)      the land is classified as operational land with Minister’s consent under section 3.22 of the Act.

(2)      The council manager is exempt from the operation of section 3.22 of the Act in respect of the following:

(c)      the granting of a new lease or licence over pre-POM Crown land for a term not exceeding the maximum term if:

(i)       there was a lease or licence in force over the land immediately before 1 July 2018, and

(ii)      there are no additional permitted uses of the land,

 (3)     In this clause:

existing lease or licence means a lease or licence in force immediately before 1 July 2018.

maximum term of a lease or licence means a term (including any option for the grant of a further term) of:

(a)      21 years in the case of the following:

(i)       the renewal of an existing lease as referred to in subclause (2) (b),

(ii)      the granting of a new lease as referred to in subclause (2) (c),

(iii)     the granting of a new lease or licence as referred to in subclause (2) (f), or

(b)      5 years in any other case.

 

Financial Considerations

 

The unimproved value of Folio 5/832186 is $230,000.

 

This report is proposing that Council provides subsidised rent under the lease to the value of 6% of the unimproved capital value of the land ($13,800) less rent payable by the Preschool at the value of minimum Crown rent ($490) equals a total subsidy for year one at $13,310 excluding GST.

 

The Pre-School must pay all outgoings except the value of annual general land rents.

 

Consultation and Engagement

 

Nil


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.3           Council Investments - 1 July 2020 to 31 July 2020

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2020/1152

                                       

 

 

Summary:

 

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

 

 

 


 

REPORT

 

Council has continued to maintain a diversified portfolio of investments. At 31 July 2020, the average 90 day bank bill rate (BBSW) for the month of July 2020 was 0.10%. Council’s performance to 31 July 2020 was 1.22%. 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 July 2020

 

Schedule of Investments held as at 31 July 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%

1,046,700.00

15/11/18

980,060

NSW Treasury Corp (Green Bond)

N

AAA

15/11/28

Y

B

3.00%

1,152,260.00

20/11/18

1,018,290

QLD Treasury Corp (Green Bond)

N

AA+

22/03/24

Y

B

3.00%

1,091,930.00

28/03/19

1,000,000

National Housing Finance & Investment Corporation

Y

AAA

28/03/31

Y

B

2.38%

1,126,670.00

21/11/19

1,000,250

NSW Treasury Corp (Sustainability Bond)

N

AAA

20/03/25

Y

B

1.25%

1,028,020.00

27/11/19

500,000

National Housing Finance & Investment Social Bond

Y

AAA

27/05/30

Y

B

1.57%

522,906.50

31/03/17

1,000,000

CBA Climate Bond

Y

AA-

31/03/22

Y

FRN

1.02%

1,010,430.00

16/11/17

750,000

Bank of Queensland

Y

BBB+

16/11/21

N

FRN

1.93%

753,337.50

30/08/18

500,000

Bank Australia Ltd (Sustainability Bond)

Y

BBB+

30/08/21

Y

FRN

1.40%

502,890.00

07/12/18

2,000,000

Credit Union Australia

Y

BBB

07/12/20

Y

TD

3.02%

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

25/09/19

2,000,000

NAB

N

AA-

24/09/20

N

TD

1.60%

2,000,000.00

08/11/19

2,000,000

Suncorp

Y

A+

04/08/20

N

TD

1.60%

2,000,000.00

27/11/19

1,000,000

Coastline Credit Union

Y

NR

26/11/20

Y

TD

1.80%

1,000,000.00

06/01/20

1,000,000

Judo Bank

Y

NR

05/01/21

N

TD

2.10%

1,000,000.00

20/01/20

1,000,000

Westpac (Tailored)

Y

AA-

20/01/21

Y

TD

1.41%

1,000,000.00

06/02/20

1,000,000

My State Bank

Y

NR

06/08/20

Y

TD

1.70%

1,000,000.00

25/03/20

1,000,000

TCorp Green Deposit

N

AAA

25/09/20

N

TD

0.57%

1,000,000.00

06/04/20

1,000,000

Police Credit Union Ltd (SA)

Y

NR

06/10/20

N

TD

1.75%

1,000,000.00

04/05/20

1,000,000

NAB

N

AA-

03/08/20

N

TD

1.00%

1,000,000.00

04/05/20

1,000,000

Summerland Credit Union

  Y

NR

20/08/20

Y

TD

1.30%

1,000,000.00

06/05/20

1,000,001

AMP Bank

N

BBB

04/11/20

N

TD

1.65%

1,000,001.00

12/05/20

1,000,000

ME Bank

Y

BBB

11/08/20

N

TD

1.27%

1,000,000.00

12/05/20

1,000,000

The Mutual Bank

Y

NR

09/11/20

N

TD

1.50%

1,000,000.00

25/05/20

1,000,000

AMP Bank

N

BBB

23/11/20

N

TD

1.65%

1,000,000.00

25/05/20

1,000,000

Macquarie Bank Ltd

Y

A

24/08/20

N

TD

1.00%

1,000,000.00

26/05/20

1,000,000

Judo Bank

N

NR

24/11/20

Y

TD

1.70%

1,000,000.00

28/05/20

2,000,000

AMP Bank

N

BBB+

25/11/20

N

TD

1.65%

2,000,000.00

02/06/20

1,000,000

The Mutual Bank

N

NR

13/10/20

N

TD

1.25%

1,000,000.00

02/06/20

1,000,000

AMP Bank

N

BBB

01/12/20

N

TD

1.60%

1,000,000.00

09/06/20

2,000,000

NAB

N

AA-

07/09/20

N

TD

0.90%

2,000,000.00

02/06/20

1,000,000

ME Bank

N

BBB

01/12/20

N

TD

1.13%

1,000,000.00

30/06/20

1,000,000

The Mutual Bank

N

NR

28/10/20

N

TD

1.05%

1,000,000.00

03/06/20

1,000,000

Auswide Bank

Y

NR

02/12/20

N

TD

1.15%

1,000,000.00

30/06/20

1,000,000

Coastline Credit Union

N

NR

28/10/20

N

TD

1.05%

1,000,000.00

30/06/20

1,000,000

Coastline Credit Union

N

NR

30/09/20

N

TD

1.05%

1,000,000.00

24/07/20

2,000,000

Bank of Queensland

N

BBB+

19/07/21

N

TD

0.90%

2,000,000.00

28/07/20

1,000,000

ME Bank

N

BBB

29/01/21

Y

TD

0.63%

1,000,000.00

28/07/20

1,000,000

The Capricornian

Y

NR

27/10/20

Y

TD

0.70%

1,000,000.00

29/07/20

2,000,000

Macquarie Bank Ltd

N

A

28/10/20

N

TD

0.50%

2,000,000.00

30/07/20

1,000,000

Judo Bank

N

NR

30/07/21

N

TD

1.25%

1,000,000.00

N/A

8,544,114.27

CBA Business Saver

N

AA-

N/A

N

CALL

0.55%

8,544,114.27

N/A

2,509,928.18

CBA Business Saver – Tourism Infrastructure Grant

N

AA-

N/A

N

CALL

0.55%

2,509,928.18

N/A

11,098,903.49

NSW Treasury Corp

N

AAA

N/A

Y

CALL

0.15%

11,098,903.49

Total

68,901,546.94                                                                                                                                                                            

 

 

 

 

 

AVG

1.48%

 69,388,090.94

 

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 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

July 2020 to 31 July 2020:

 

Dissection of Council Investment Portfolio as at 31 July 2020

 

Principal Value ($)

Investment Linked to:

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

39,000,001.00

Term Deposits

39,000,001.00

0.00

2,250,000.00

Floating Rate Note

2,266,657.50

16,657.50

8,544,114.27

CBA Business Saver

8,544,114.27

0.00

2,509,928.18

CBA Business Saver – Tourism Infrastructure Grant

2,509,928.18

0.00

11,098,903.49

NSW Treasury Corp

11,098,903.49

0.00

5,498,600.00

Bonds

5,968,486.50

469,886.50

68,901,546.94

 

69,388,090.94

486,544.00

 

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 July 2020 to 31 July 2020 on a current market value basis. 

 

Movement in Investment Portfolio – 31 July 2020

 

Item

Current Market  Value (at end of month) $

Opening Balance at 1 July

75,857,965.23

Add: New Investments Purchased

7,000,000.00

Add: Call Account Additions

8,000,000.00

,000,000.00

Add: Interest from Call Account

18,521.16

Less: Investments Matured

9,000,000.00  

Add: T Corp Additions

4,000,000.00

Add: Interest from T Corp

11,604,55

Less: Call Account Redemption

6,500,000.00

Less: T Corp Redemption

10,000,000.00

Plus: Fair Value Movement for period

0.00

Closing Balance at 31 July 2020

69,388,090.94

 

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

 

Principal Value ($)

Description

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000.00

Australian Military Bank

02/07/2020

365

2.12%

21,200.00

1,000,000.00

ME Bank

09/07/2020

273

1.58%

11,817.53

2,000,000.00

Bank of Queensland

24/07/2020

182

1.60%

15,956.16

2,000,000.00

Macquarie Bank

29/07/2020

91

1.25%

6,232.88

1,000,000.00

Judo Bank

30/07/2020

182

1.85%

9,224.66

1,000,000.00

Summerland Credit Union

23/07/2020

91

1.60%

3,989.04

1,000,000.00

The Capricornian

27/07/2020

91

1.60%

3,989.04

9,000,000.00

 

 

 

 

72,409.31

         

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 July 2020 the table below identifies Council’s overall cash position as follows:

 

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

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

39,000,001.00

39,000,001.00

0.00

Floating Rate Note

2,250,000.00

2,266,657.50

16,657.50

CBA Business Saver

8,544,114.27

8,544,114.27

0.00

CBA Business Saver – Tourism Infrastructure Grant

2,509,928.18

2,509,928.18

0.00

NSW Treasury Corp

11,098,903.49

11,098,903.49

0.00

Bonds

5,498,600.00

5,968,486.50

469,886.50

Total Investment Portfolio

68,901,546.94

69,388,090.94

486,544.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

638,210.65

638,210.65

0.00

Total Cash at Bank

638,210.65

638,210.65

0.00

 

 

 

 

Total Cash Position

69,539,757.59

70,026,301.59

486,544.00

 

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)

5.5.2.6

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 March 2011.

 

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

 

Financial Considerations

 

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

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Council Investments - 1 June 2020 to 30 June 2020

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2020/955

                                       

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period 1 June 2020 to 30 June 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 30 June 2020 be noted.

 

 

 


 

REPORT

 

Council has continued to maintain a diversified portfolio of investments. At 30 June 2020, the average 90 day bank bill rate (BBSW) for the month of June 2020 was 0.09%. Council’s performance to 30 June was 1.39%. 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 30 June 2020

 

Schedule of Investments held as at 30 June 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%

1,046,700.00

15/11/18

980,060

NSW Treasury Corp (Green Bond)

N

AAA

15/11/28

Y

B

3.00%

1,152,260.00

20/11/18

1,018,290

QLD Treasury Corp (Green Bond)

N

AA+

22/11/24

Y

B

3.00%

1,091,930.00

28/03/19

1,000,000

National Housing Finance & Investment Corporation

Y

AAA

28/03/31

Y

B

2.38%

1,126,670.00

21/11/19

1,000,250

NSW Treasury Corp (Sustainability Bond)

N

AAA

20/03/25

Y

B

1.25%

1,028,020.00

27/11/19

500,000

National Housing Finance & Investment Social Bond

Y

AAA

27/05/30

Y

B

1.57%

522,906.50

31/03/17

1,000,000

CBA Climate Bond

Y

AA-

31/03/22

Y

FRN

1.02%

1,010,430.00

16/11/17

750,000

Bank of Queensland

Y

BBB+

16/11/21

N

FRN

1.93%

753,337.50

30/08/18

500,000

Bank Australia Ltd (Sustainability Bond)

Y

BBB+

30/08/21

Y

FRN

1.40%

502,890.00

07/12/18

2,000,000

Credit Union Australia

Y

BBB

07/12/20

Y

TD

3.02%

2,000,000.00

03/07/19

1,000,000

Australian Military Bank

Y

NR

02/07/20

N

TD

2.12%

1,000,000.00

27/08/19

1,000,000

AMP Bank

Y

BBB

26/08/20

N

TD

1.80%

1,000,000.00

25/09/19

2,000,000

NAB

N

AA-

24/09/20

N

TD

1.60%

2,000,000.00

31/10/19

1,000,000

ME Bank

Y

BBB

28/07/20

Y

TD

1.58%

1,000,000.00

08/11/19

2,000,000

Suncorp

Y

A+

04/08/20

N

TD

1.60%

2,000,000.00

27/11/19

1,000,000

Coastline Credit Union

Y

NR

26/11/20

Y

TD

1.80%

1,000,000.00

06/01/20

1,000,000

Judo Bank

Y

NR

05/01/21

N

TD

2.10%

1,000,000.00

20/01/20

1,000,000

Westpac (Tailored)

Y

AA-

20/01/21

Y

TD

1.41%

1,000,000.00

24/01/20

2,000,000

Bank of Queensland

N

BBB+

24/07/20

N

TD

1.60%

2,000,000.00

30/01/20

1,000,000

Judo Bank

N

NR

30/07/20

N

TD

1.85%

1,000,000.00

06/02/20

1,000,000

My State Bank

Y

NR

06/08/20

Y

TD

1.70%

1,000,000.00

25/03/20

1,000,000

TCorp Green Deposit

N

AAA

25/09/20

N

TD

0.57%

1,000,000.00

06/04/20

1,000,000

Police Credit Union Ltd (SA)

Y

NR

06/10/20

N

TD

1.75%

1,000,000.00

23/04/20

1,000,000

Summerland Credit Union

Y

NR

23/07/20

Y

TD

1.60%

1,000,000.00

28/04/20

1,000,000

The Capricornian

Y

NR

23/07/20

Y

TD

1.60%

1,000,000.00

29/04/20

2,000,000

Macquarie Bank Ltd

Y

A

29/07/20

N

TD

1.25%

2,000,000.00

04/05/20

1,000,000

NAB

N

AA-

03/08/20

N

TD

1.00%

1,000,000.00

04/05/20

1,000,000

Summerland Credit Union

  N

NR

20/08/20

Y

TD

1.30%

1,000,000.00

06/05/20

1,000,001

AMP Bank

N

BBB

04/11/20

N

TD

1.65%

1,000,001.00

12/05/20

1,000,000

ME Bank

N

BBB

11/08/20

N

TD

1.27%

1,000,000.00

12/05/20

1,000,000

The Mutual Bank

Y

NR

09/11/20

N

TD

1.50%

1,000,000.00

25/05/20

1,000,000

AMP Bank

N

BBB

23/11/20

N

TD

1.65%

1,000,000.00

25/05/20

1,000,000

Macquarie Bank Ltd

N

A

24/08/20

N

TD

1.00%

1,000,000.00

26/05/20

1,000,000

Judo Bank

N

NR

24/11/20

Y

TD

1.70%

1,000,000.00

28/05/20

2,000,000

AMP Bank

N

BBB+

25/11/20

N

TD

1.65%

2,000,000.00

02/06/20

1,000,000

The Mutual Bank

N

NR

13/10/20

N

TD

1.25%

1,000,000.00

02/06/20

1,000,000

AMP Bank

N

BBB

01/12/20

N

TD

1.60%

1,000,000.00

09/06/20

2,000,000

NAB

N

AA-

07/09/20

N

TD

0.90%

2,000,000.00

02/06/20

1,000,000

ME Bank

N

BBB

01/12/20

N

TD

1.13%

1,000,000.00

30/06/20

1,000,000

The Mutual Bank

N

NR

28/10/20

N

TD

1.05%

1,000,000.00

03/06/20

1,000,000

Auswide Bank

Y

NR

02/12/20

N

TD

1.15%

1,000,000.00

30/06/20

1,000,000

Coastline Credit Union

N

NR

28/10/20

N

TD

1.05%

1,000,000.00

30/06/20

1,000,000

Coastline Credit Union

N

NR

30/09/20

N

TD

1.05%

1,000,000.00

N/A

7,029,189.87

CBA Business Saver

N

AA-

N/A

N

CALL

1.20%

7,029,189.87

 

2,506,331.42

CBA Business Saver – Tourism Infrastructure Grant

N

AA-

N/A

N

CALL

1.20%

2,506,331.42

N/A

17,087,298.94

NSW Treasury Corp

N

AAA

N/A

Y

CALL

0.15%

17,087,298.94

Total

75,371,421.23                                                                                                                                                                            

 

 

 

 

 

AVG

1.48%

 75,857,965.23

 

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 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

June 2020 to 30 June 2020:

 

Dissection of Council Investment Portfolio as at 30 June 2020

 

Principal Value ($)

Investment Linked to:

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

41,000,001.00

Term Deposits

41,000,001.00

0.00

2,250,000.00

Floating Rate Note

2,266,657.50

16,657.50

7,029,189.87

CBA Business Saver

7,029,189.87

0.00

2,506,331.42

CBA Business Saver – Tourism Infrastructure Grant

2,506,331.42

0.00

17,087,298.94

NSW Treasury Corp

17,087,298.94

0.00

5,498,600.00

Bonds

5,968,486.50

469,886.50

75,371,421.23

 

75,857,965.23

486,544.00

 

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 June 2020 to 30 June 2020 on a current market value basis. 

 

Movement in Investment Portfolio – 30 June 2020

 

Item

Current Market  Value (at end of month) $

Opening Balance at 1 May 2020

76,680,102.77

Add: New Investments Purchased

11,000,000.00

Add: Call Account Additions

2,500,000.00

,000,000.00

Add: Interest from Call Account

0.00

Less: Investments Matured

17,000,000.00  

Add: T Corp Additions

13,500,000.00

Add: Interest from T Corp

2,124.12

 

Less: Call Account Redemption

11,000,000.00

Less: T Corp Redemption

0.00

Plus: Fair Value Movement for period

175,738,.34

Closing Balance at 30 June 2020

75,857,965.23

 

Term Deposit Investments Maturities and Returns – 1 June 2020 to 30 June 2020

 

Principal Value ($)

Description

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

2,000,000.00

NAB TD

05/06/2020

151

1.58%

13,019.19

2,000,000.00

NAB TD

09/06/2020

92

1.37%

6,906.30

1,000,000.00

The Mutual Bank

02/06/2020

183

1.75%

8,773.97

1,000,000.00

AMP Bank

02/06/2020

182

1.90%

9,473.97

2,000,000.00

Macquarie Bank

01/06/2020

91

1.70%

8,476.71

2,000,000.00

Macquarie Bank

10/06/2020

90

1.55%

7,643.84

2,000,000.00

Macquarie Bank

02/06/2020

91

1.70%

8,476.71

2,000,000.00

AMP Bank

03/06/2020

96

1.75%

8,536.95

2,000,000.00

Macquarie Bank

01/06/2020

91

1.70%

8,476.71

1,000,000.00

Auswide Bank

03/06/2020

91

1.55%

3,864.38

17,000,000.00

 

 

 

 

83,648.73

         

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 June 2020 the table below identifies Council’s overall cash position as follows:

 

Dissection of Council’s Cash Position as at 30 June 2020

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

41,000,001.00

41,000,001.00

0.00

Floating Rate Note

2,250,000.00

2,266,657.50

16,657.50

CBA Business Saver

7,029,189.87

7,029,189.87

0.00

CBA Business Saver – Tourism Infrastructure Grant

2,506,331.42

2,506,331.42

0.00

NSW Treasury Corp

17,087,298.94

17,087,298.94

0.00

Bonds

5,498,600.00

5,968,486.50

469,886.50

Total Investment Portfolio

75,371,421.23

75,857,965.23

486,544.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

1,246,378.89

1,246,378.89

0.00

Total Cash at Bank

1,246,378.89

1,246,378.89

0.00

 

 

 

 

Total Cash Position

76,617,800.12

77,104,344.12

486,544.00

 

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)

5.5.2.6

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 March 2011.

 

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

 

Financial Considerations

 

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

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Report of the Public Art Panel meeting held on 11 June 2020

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2020/932

Theme:                         Corporate Management

                                      Community Development

 

 

Summary:

 

A Public Art Panel meeting was held on 11 June 2020 to consider an update on the progress of Memento Aestates, a public art proposal for the Byron Bay Rotary Town Clock and a Public Art Plan for 4 Marvell Street development. Panel recommendations are provided for Council’s consideration.

 

  

 

RECOMMENDATION:

That Council thanks the applicant for their proposal for a mural on the Town Clock, Byron Bay, however does not support the proposed mural, noting that the mural is not consistent with the visual aesthetic of the built environment in the immediate locale.

 

Attachments:

 

1        Minutes 11/06/2020 Public Art Panel, I2020/875  

 

 


REPORT

 

A Public Art Panel meeting was held on 11 June 2020 to consider an update on the progress of Memento Aestates, a public art proposal for the Byron Bay Rotary Town Clock and a Public Art Plan for 4 Marvell Street development.

 

The Panel made recommendations to Council as noted in the attached minutes of the meeting and as described in this report.

 

Staff actions were also recorded in the minutes attached.

 

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

2.1

Support and encourage our vibrant culture and creativity

2.1.3

Enhance opportunities for interaction with art in public spaces

2.1.3.1

Implement Public Art Strategy

 

Legal / Statutory / Policy Considerations

 

Public Art Policy

Public Art Strategy

Public Art Guidelines

 

Financial Considerations

 

Nil in relation to this report

 

Consultation and Engagement

 

This report provides the minutes of the Public Art Panel, made up of six community representatives, two invited members and two councillors.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Community Initiatives Program (Section 356) - 2020/21 funding round applications

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2020/1053

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

A round of the Community Initiatives Program (Section 356) has been offered for the 2020/21 financial year. A call for applications was advertised, with applications closing on 3 July 2020. This report provides the results of the funding round with a recommendation to fund nine projects from the 2020/21 Section 356 funds.

 

  

 

RECOMMENDATION:

1.       That Council allocates $44,750 from the 2020/21 Section 356 budget to the projects which met the assessment criteria of the Community Initiatives Program 2020/21 and are recommended for funding in Confidential Attachment 1 (#E2020/50068).

 

2.       That Council advertises the approved Section 356 Donations.

 

3.       That Council notes that unsuccessful applicants from this funding round will be provided with detailed feedback.

 

Attachments:

 

1        Confidential - Applications for Community Initiatives Program 2020-21 - recommendations for funding, E2020/50068  

 

 


 

Report

 

A call for applications was advertised during June 2020 with applications closing 3 July 2020. Due to COVID-19, a face to face grants workshop could not be offered this year to provide potential applicants with information to assist their applications. Instead, online videos were developed and provided on Council’s website with the video about Community Initiatives Program receiving approximately 30 views.

 

The Community Initiatives Program Guidelines were also amended to take into consideration COVID-19 restrictions and impact. For example, an additional assessment criterion was added: “the project should be able to be delivered in the COVID-19 pandemic regulation environment including physical distancing measures” and the necessity to provide funds as part of any matching contribution was waived.

 

Sixteen applications were received and the standard of applications was high. All but one applied for $5,000 which is the maximum amount available to any one applicant. An internal assessment panel reviewed the applications and recommends that Council funds nine of the projects.

 

The assessment panel included:

·        Place Liaison Officer

·        Events & Film Liaison Officer

·        Open Space Technical Officer

·        Waste Education and Compliance Officer

 

The assessment process included scoring applications against selection criteria. Within the criteria, equity of support to projects across the Local Government Area is considered. The attachment outlines the applications received and projects recommended for funding.

 

Note Council resolved (20-344) at the Ordinary Meeting on 25 June 2020that Council supports the Bunyarra Culture Collective to apply for up to $5,000 through the Community Initiatives Program to further their important work.

 

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

5.2.2

Incorporate wellbeing framework within organisation to inform decision making

5.2.2.2

Facilitate annual Community Donations Program

 

Legal/Statutory/Policy Considerations

 

Section 356 of the Local Government Act 1993

 

Financial Considerations

 

Council’s budget allocation for 2020-21 is $46,200.

 

The table below shows the outcome if all recommended projects are funded, expending the budget allocation for 2020/21.

 

Project 1

$5,000

Project 2

$5,000

Project 3

$4,750

Project 4

$5,000

Project 5

$5,000

Project 6

$5,000

Project 7

$5,000

Project 8

$5,000

Project 9

$5,000

TOTAL

$44,750  

 

Consultation and Engagement

 

As outlined in the report.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Arts and Culture Policy - Submissions Report

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2020/1060

                                       

 

 

Summary:

 

Council adopted the draft Policy for public exhibition at its 28 May meeting, with submissions closing 17 July 2020.

 

This report outlines the submissions received, notes proposed amendments made to the draft policy and requests that Council adopts the attached final version of the Arts and Culture Policy.

 

  

 

RECOMMENDATION:

1.       That Council adopts the final Arts and Culture Policy (Attachment 1, #E2020/53603) which has been revised following consideration of the submissions received during public exhibition.

 

2.       That the Cultural Policy 2008 (Policy 3.42) (DM801769) be repealed.

 

Attachments:

 

1        Arts and Culture Policy - final for Council adoption, E2020/53603  

2        List of Submissions to Draft Arts and Culture Policy, E2020/53010  

3        Confidential - Draft Arts and Culture Policy - submissions received - contains private information, E2020/54362  

 

 


 

REPORT

 

A Draft Arts and Culture Policy was developed following a literature review and consultation with the arts and culture sector and members of Council’s Citizen’s Lottery. Council adopted the draft Policy for public exhibition at its 28 May meeting, with submissions closing 17 July 2020.

 

Key Issues

 

Fifteen submissions were received. Themes within the feedback included:

·        Further acknowledgement of Byron Shire’s unique arts and cultural identity required;

·        Policy language, definitions and statements are ‘broad’;

·        Various suggestions for inclusion in the development of a future Arts and Culture Strategic Plan (due to commence in the current operational year).

 

These themes have been addressed through proposed content additions in Section 4 ‘Definitions’ and Section 5 ‘Statements’ (below) and through documentation to inform the upcoming Plan.

 

Proposed content for addition:

 

4. Definitions

Cultural activities can be understood to include:

 

·        Performance and Celebration (including events, theatre, dance, mime, music)

·        Visual arts and crafts (including sculpture, ceramic, painting/drawing)

·        Books and press (including poetry, writers groups)

·        Audio-visual and interactive media (including film/screen, radio, podcasting)

·        Design and creative services (fashion, graphic, interior, landscape, architecture)

·        Tangible and intangible cultural activity (language, oral traditions, rituals and social practices, festivals, food, landscapes, museums)

 

5. Statements

The arts and creative culture of Byron Shire is intrinsic to its unique, distinctive identity and plays a large role in attracting visitors to the Shire.

 

Several additional submissions suggested the name and emphasis of the policy be changed to include ‘screen’, for example the Arts, Screen and Culture Policy. Whilst the significant contribution of the screen sector to Byron Shire is acknowledged, the Policy is based on the UNESCO Framework of Cultural Statistics. In the Framework, screen is one of approximately 30 sectors, some of which have similarly sought to have specific focus on their area of work. To single out a specific sector in this way is considered to be inappropriate and would require broader public consultation. However it could be considered further within the upcoming Plan development and, beyond that, in the 12 month policy review.

 

Suggested changes have been included in the attached final Arts and Culture Policy in red font.

 

It is recommended that Council adopts the attached Arts and Culture Policy and repeal the Cultural Policy 2008 (Policy 3.42), (DM801769).

 

Next steps

 

The next steps for council include:

·        Recruitment of an Arts and Culture Officer

·        Developing an Arts and Cultural Strategic Plan as per resolution 20-263

 

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

2.1

Support and encourage our vibrant culture and creativity

2.1.3

Enhance opportunities for interaction with art in public spaces

2.1.3.2

Develop Arts and Cultural Policy

 

 

Legal/Statutory/Policy Considerations

 

A number of Council policies intersect with the Arts and Culture Policy, as outlined in the Policy document.

 

Financial Considerations

 

Costs associated with the appointment of a full time arts and cultural officer (inclusive of oncosts) were included in the 2020/2021 Budget adopted by Council on 30 July 2020.

 

Consultation and Engagement

 

As outlined in the report.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Policy Review: Policies for Repeal

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Governance Coordinator

File No:                        I2020/1100

                                       

 

 

Summary:

 

The following two Council policies have been reviewed by staff. It is proposed that these policies are repealed and replaced in other formats for the reasons discussed within this report.

 

1.       Public Sun Protection Policy 1994

2.       Business Ethics Policy 2007

3.       Sewerage Fixed Charges Applicable Combination/Fire Service Connections Policy 2009

 

  

 

RECOMMENDATION:

1.       That the Public Sun Protection Policy 1994 be repealed based on its content being included in the Open Space and Recreation Needs Study and Action Plan 2017-2036.

 

2.       That the Business Ethics Policy 2007 be repealed based on it being replaced with the Business Ethics Statement 2020.

 

3.       That the Sewerage Fixed Charges Applicable Combination/Fire Service Connections Policy 2009 be repealed based on its contents being included in the annual Statement of Revenue Policy.

 

Attachments:

 

1        Draft Business Ethics Statement 2020, E2020/37760  

 

 


 

REPORT

 

Council’s policies are reviewed to ensure that content remains current and is delivered to the public in a relevant and accessible manner.  As part of Council’s policy review program, the Public Sun Protection Policy 1994 and the Business Ethics Policy 2007 were determined by staff, and supported by the Executive Team, to be redundant and therefore recommended for repeal.

 

1.       Public Sun Protection Policy 1994

 

Operational Plan 2019-2020 Activity 2.3.5.4 required a review of the Public Sun Protection Policy to ensure that it is consistent with the adopted Open Space and Recreation Needs Study and Action Plan 2017-2036 (OSRNS). Following a review of this Policy, staff are of the opinion that the half page policy document on this matter is not required when it is considered that:

 

a)      The Policy was an aspirational document for Council that has seen its intent now realised within adopted operational planning documents, such as the OSRNS.

 

b)      The subject of shade is featured repeatedly throughout the actions and design considerations listed in the OSRNS. The OSRNS provides guidance to development of parks and reserves infrastructure, including shade within parks at:

i)     play areas

ii)    picnic facilities

iii)    seating areas

iv)   activity areas

v)    sports grounds

 

The OSRNS has specific consideration of the shade requirements in these areas for people with mobility issues and also for aging members of the community.

 

c)      OSRNS design considerations direct that shade (natural and artificial) provision is included within the design of open space infrastructure including:

 

i)     picnic table and seats to be located where they can oversee and access the activity area (preferably under a shade tree), along the internal path

ii)    activity areas to be ideally located under natural shade, however, may be supplemented by artificial shade

iii)    the need to maximise trees and natural shade around sports fields and courts (although careful tree selection for court areas is important to avoid issues associated with root invasion and limb, leaf or seed fall)

iv)   long benches and spectator areas should be placed under shade trees where possible

v)    shaded spectator grass mounds be provided for viewing areas

vi)   recreation/activity areas to ideally be clustered together and located under natural shade (where possible)

 

d)      OSRNS action SW 12 recommends review of the 1994 Public Sun Protection Policy to include the importance of suitable tree species as natural shade in and around play/picnic nodes. This action is included in the Council Guidelines for Tree Management on Council Land that is currently in final draft format.  The Guidelines consider the design, selection and management of tree species relative to Council assets and infrastructure, as well as the environmental significance, value and amenity provided by shade trees.

 

e)      Community awareness elements of the Policy have been and continue to be the subject of national campaigns. Because of this, sun awareness has greatly increased since this Policy was developed in 1994.

 

2.       Business Ethics Policy 2007

 

The current Business Ethics Policy was adopted in 2007 and last reviewed in 2011.  It is proposed to repeal this Policy and replace it with a Business Ethics Statement (Attachment 1) which captures the same principles in a more contemporary manner.  The Business Ethics Statement will be available online.

 

Research on best practice and on what other councils have recently done, shows that a Business Ethics Statement is a more suitable way to reach the targeted audience (external stakeholders).  Embedding this statement on our website in a more prominent location will ensure that stakeholders have easy access to the information and will understand what to expect when doing business with Council, and what Council’s expectations are from them.  The current Code of Conduct for staff and Councillors also states the rules, values and ethical principles expected from them, and therefore there is no need to duplicate this in another policy. 

 

3.       Sewerage Fixed Charges Applicable Combination/Fire Service Connections Policy 2009

 

The current Sewerage Fixed Charges Applicable Combination/Fire Service Connections Policy was adopted in 2009. It is proposed to repeal this Policy since the contents are included in the Statement of Revenue Policy which is reviewed annually and forms part of Council’s yearly Operational Plan in its own separate section (most recently adopted on 30 July 2020 for 2020-2021).

 

Within the Statement of Revenue Policy, the information from the Policy is located under the headings of “Water Access Charge - Annual Charges (Section 501 LGA)” and “Wastewater (Sewer) Charges”.

 

This year, information has also been included in the Fees and Charges document. 

 

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

5.2.3

Provide access to publicly available corporate registers

5.2.3.4

Update and publish Council's policies online 

 

 

Legal/Statutory/Policy Considerations

 

Nil

 

Financial Considerations

 

Nil

 

Consultation and Engagement

 

Consultation has occurred with staff and the Executive Team.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2020

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Planning and Improvement Coordinator

File No:                        I2020/1137

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

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

 

182 resolutions were completed during the period 1 April to 30 June 2020.

 

As at 30 June 2020, there were 91 active resolutions. Resolutions could be active or overdue as a result of budget constraints, staff resourcing, extended negotiations with stakeholders, or other reasons.

 

  

 

RECOMMENDATION:

1.       That Council notes the information provided in this report on active Council Resolutions in Attachment 1 (#E2020/57581).

 

2.       That Council notes the completed Resolutions in Attachment 2 (#E2020/57582).

 

Attachments:

 

1        Active Resolutions - as at 30 June 2020, E2020/57581  

2        Completed Resolutions - 1 April to 30 June 2020, E2020/57582  

 

 


 

Report

 

This report provides a quarterly update on the status of Council Resolutions to 30 June 2020. Detailed in the attached reports are:

 

·   182 resolutions were completed between 1 April – 30 June 2020

·   91 resolutions remained active

·   51 of the active resolutions were overdue

 

The active Council resolutions per Council terms are provided below:

 

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

 

Details of completed resolutions for the period are provided at Attachment 2 (E2020/57582). 

 

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

5.2.4.2

Deliver Council meeting secretariat – including agenda preparation, minutes and council resolutions monitoring

 

 

Legal / Statutory / Policy Considerations

 

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

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

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

 

Financial issues

 

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


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Local Government NSW Annual Conference 2020

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Planning and Improvement Coordinator

File No:                        I2020/1138

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

In accordance with the Councillor Expenses and Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at LGNSW Conference(s) as a voting delegate.”

 

The Local Government NSW Annual Conference 2020 will be held from 22-24 November at the Crowne Plaza Hunter Valley, Lovedale.

 

  

 

RECOMMENDATION:

That Council authorises the following Councillors to attend the Local Government NSW Annual Conference 2020 to be held at the Crowne Plaza Hunter Valley, Lovedale, to be held from 22-24 November 2020.

 

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

 

Attachments:

 

1        Invitation from Local Government NSW - Local Government NSW Annual Conference 2020, S2020/6687  

 

 


 

REPORT

 

The Local Government NSW Annual Conference 2020 will be held at the Crowne Plaza Hunter Valley in Lovedale from Sunday 22 November to Tuesday 24 November 2020.

 

In accordance with the Councillor Expenses and Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at LGNSW Conference(s) as a voting delegate.”

 

Council is entitled to three voting delegates in the debating session. This number is determined by population (see Attachment 1).

 

Additional information and updates can be found on the LGNSW website.

 

Council is to notify LGNSW of its voting delegates by Tuesday, 3 November 2020. Nominations of voting delegates received after the closing date/time cannot be accepted.

 

The purpose of this report is to enable Council to authorise the attendance of no more than three (3) Councillors as voting delegates to the Local Government Association of NSW Annual Conference 2020.

 

Motions

 

All member Councils can put forward motions to be considered at the Conference. Members are

invited to submit motions from 17 July 2020 via an online portal.

 

Proposed motions should be strategic, affect members state-wide and introduce new or

emerging policy issues and actions. When submitting motions, members are encouraged to familiarise themselves with the existing principles and positions of LGNSW on issues of importance to the sector, as members will be asked to identify if their motion is seeking a change to LGNSW's existing Policy Position.

 

Further information on submitting motions is available in the LGNSW 2020 Conference Motions Submission Guide available online.

 

Deadline for submitting motions

 

Members are asked to submit motions online by 12 midnight (AEST) on Monday 28 September 2020 to allow assessment of the motions and distribution of the Business Paper before the Conference. However, in line with the LGNSW rules, the latest date motions will be accepted for inclusion in the Conference Business Paper is 12 midnight (AEDT) on Sunday 25 October 2020.

 

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

 

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

 

Financial Considerations

 

Council has an allocation for conferences of $31,500.00 within the 2020/21 budget.

 

As at August 2020, there have been no expenses incurred and the available budget remains at $31,500.00. Council is therefore able to fund the cost of three delegates from this budget.

 

Costs per person:   Registration Fee (early bird due 25 September)         $840.00

                                 Flights (approx)                                                           $400.00

                                 Conference Functions (approx)                                  $300.00

Accommodation (approx)                                        $1,060.00

 

Total                                                                        $2,600.00

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.11

 

 

Report No. 13.11         Carryovers for Inclusion in the 2020-2021 Budget

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2020/1145

                                       

 

 

Summary:

 

This report is prepared for Council to consider and to adopt the carryover Budget allocations for works and services, either commenced and not completed, or not commenced in the 2019/2020 financial year for inclusion in the 2020/2021 Budget Estimates.

 

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

 

This report identifies all the works and services recommended to be carried over from the 2019/2020 financial year to the 2020/2021 Budget Estimates. The report also identifies the funding for each recommended budget allocation carryover.

 

This report was considered by the Finance Advisory Committee at its Meeting held on 20 August 2020.

 

  

 

RECOMMENDATION:

That Council approves the works and services (with respective funding) shown in Attachment 1 (#E2020/60174) to be carried over from the 2019/2020 financial year and that the carryover budget allocations be adopted as budget revotes for inclusion in the 2020/2021 Budget Estimates.

 

Attachments:

 

1        2019-2020 Schedule of Carryovers for inclusion in 2020-2021 Budget, E2020/60174  

 

 


 

REPORT

 

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

 

This report identifies all the works and services to be carried over to the 2020/2021 Budget Estimates and the respective funding of each, relating to works and services not completed during the course of the 2019/2020 financial year. The specific details of all carryover works and services that are the subject of this report are outlined in Attachment 1.

 

The works and services are fully funded and have no impact on Council’s Unrestricted Cash Result or the 2020/2021 Budget Estimates result.

 

As in previous years there is a significant amount of carryovers with total carryovers for 2020/2021 amounting to $10,123,500. Table 1 below outlines this and a comparison of carryovers from previous financial years.

 

Table 1 - Value of budget carryovers 2016/17 – 2020/21

 

Fund

2016/17 ($)

2017/18 ($)

2018/19 ($)

2019/20 ($)

2020/21 ($)

General

5,022,100

7,102,100

9,004,500

6,024,800

7,875,500

Water

729,900

2,770,100

879,500

301,900

1,118,800

Sewer

600,100

2,051,800

2,473,500

625,400

1,129,200

Total

6,352,100

11,924,000

12,357,500

6,952,100

10,123,500

 

General Fund

 

The value of works carried over to 2020/2021 for the General Fund has increased by almost 31% from the 2019/2020 amount ($1,859,300). Of the $7,875,500 of General Fund carryovers, approximately 46% ($3,593,700) is attributable to Local Roads and Drainage projects not completed in 2019/2020 to be carried forward to 2020/2021.  The extent of carryovers in the General Fund is also relevant to the number of and size of grant funded works.

 

Major carryover items in this fund are as follows:

 

·        Building Community Resilience Grant

$1,300,000

·        Election Commitment Grant Funded Major Patching Program

$580,000

·        Byron Bay Bypass

$1,458,900

·        Byron Bay Skatepark

$287,100

·        Former Mullumbimby Hospital

$294,500

·        Suffolk Park Pump Track

$146,400

·        South Golden Beach Flood Pump

$170,000

·        South Arm Bridge

$475,100

 

Water and Sewer Funds

 

Carryovers for the Water Fund have increased by $816,900 and for the Sewer Fund by $503,800 compared to the carryover for the 2019/2020 financial year.  Details of these carryovers are included in Attachment 1.

 

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

 

Table 2 – Schedule of Carryover works current status

 

Project

Carryover $

Project Status

NSW Crime Prevention Grant 2018/19

33,400

Project scope increased to provide additional LED lighting to some areas with Byron Bay town centre as part of Essential Energy staged rollout of LED

Bridge - South Arm

475,100

Under Construction

Cycleway - Bangalow Rd/Broken Head Rd

30,400

Under Construction and continuing 20/21 financial year

The Pocket Road Segment 568.10 (CH1.79-2

27,400

Carry over budget for stage 2 works to cover contingencies

Byron Bay High School Turnaround Arakwal

43,100

Works essentially complete. Carry Over $6k for revegetation works and the balance to the Suffolk Park Cycleway to  fund cycleway connections and diversion at the high school

Suffolk Park - Bangalow Road Onroad Cycle Path

25,000

Under Construction

The Pocket Road Stage 2 (Ch 2,810 - 3,69

16,800

 

Planning and Design Underway

Brunswick Heads - South Arm Carpark

30,400

Planning and Design Underway

Bangalow Road (Ch 7,540 - 8,490)

139,000

Construction programmed to agreed milestones

ECG Major Patching Program

580,000

Construction programmed in accordance with grant funding deed

Byron Bay Bypass

1,458,900

The Byron Bypass continues to be constructed on all four stages with the noise abatement works scheduled to start in September and the project completed in 20/21

Integrated Transport Management Strategy

42,900

Strategy still under development.

Belongil Ck & Broken Hd to Cape Byron CMP

26,000

Recruitment underway for staff to oversee project

Brunswick Heads Paid Parking Strategy

2,600

Ongoing parking strategy review and reporting to Council in 20/21 FY

Project Investigation & Planning

4,000

Ongoing – combine with funds in 20/21 to develop project scoping documents and business cases

Shire Wide - Bike Plan

3,600

Ongoing

Ewingsdale Road Shared path from Quarry

3,900

Planning and Design Underway

Approaches to Tallow Creek footbridge

40,100

Works programmed with additional funds from bridge program in 20/21.

Studal Lane Drainage Upgrade - Design

24,200

Planning and Design Underway

Extend SGB Flood Pump inlet screen

15,000

Under Construction

SGB Flood Pump variable speed drive

170,000

Under Construction

Main Arm Rd Causeway #7 Replacement

88,700

Underway – Will be finished in 2020/21

Main Arm Rd Causeway #12 Replacement

2,900

Underway – Will be finished in 2020/21

Main Arm Rd Causeway #14 Replacement

11,800

Underway – Will be finished in 2020/21

Johnston Lane Causeway - Private Works

5,500

Underway – Will be finished in 2020/21

Causeways, Culvert and Bridge Renewal In

86,200

Works completed in 2020/21

Bangalow Sportsfield Access Road

15,600

Planning and Design Underway

Upper Wilsons Creek #10 Causeway Replace

11,400

Revegetation works outstanding

Blackbean Road Causeway Replacement

4,100

Minor rehab works required to approach’s following recent rain event

Repentance Creek Road Causeway

78,400

Under Construction

Middleton Street (Ch 0 - 130) - DESIGN

3,200

Under Construction

Brunswick Heads Scout Hall Road Safety

5,200

Unspent portion of 2019/20 budget

Seven Mile Beach Rd Investigations

1,700

Unspent portion of 2019/20 budget – add to 2020/21 budget

Tweed Street Projects

17,700

Under Construction

Bridge - Scarabolotti's

8,900

To cover land acquisition costs incurred in 2021.

Progression of Myocum Quarry as a Resource Recovery Centre

50,000

Continue works already commenced

Lawson Street, Byron (Middleton to Tennyson)

9,200

Carry over into the ECG project for Lawson St

Reflections Holiday Park Drainage

1,400

Unspent portion of 2019/20 budget – add to 2020/21 budget

Total

3,593,700

 

 

In accordance with Regulation 211 of the Local Government (General) Regulation 2005, Council conducted an Extraordinary Meeting to approve expenditure and voting of money on 30 July 2020 via Resolution 20-357. The expenditure items that are the subject of this report were not included in the 2020/2021 Budget Estimates, but now need to be. The intent of this report is to seek Council approval to revote the carryovers from the 2019/2020 financial year and to adopt the budget carryovers for inclusion in the 2020/2021 Budget Estimates.

 

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

 

That Council determines that any general revenue funded allocated expenditure, not

expended in a current financial year NOT be automatically carried over to the next

financial year before it is reviewed and priorities established.

 

This report was also considered by the Finance Advisory Committee at its Meeting held on 20 August 2020.

 

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

5.5

Manage Council’s finances sustainably

5.5.1

Enhance the financial capability and acumen of Council

5.5.1.2

Support the organisation in identifying financial implications of projects, proposals and plans

 

 

Legal/Statutory/Policy Considerations

 

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

 

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

(a) has approved the expenditure, and

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

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


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.12

 

 

Report No. 13.12         Extension of Term for Council Committees

Directorate:                 Corporate and Community Services

Report Author:           Lisa Brennan, EA Corporate and Community Services

Esmeralda Davis, A/Manager Corporate Services

File No:                        I2020/1155

                                       

 

 

Summary:

 

The Local Government election scheduled for 2020 has been postponed until 4 September 2021.

 

Council Advisory Committees and Panels, Section 355 and Regional Committees are appointed for the term of Council, by resolution of Council.  As the term of this Council has been lengthened until September 2021, this report recommends that Council resolves to extend the term of its current Committees for the same period.

 

  

 

RECOMMENDATION:

1.       That Council extends the term for Advisory Committees, Panels and Section 355 Committees until September 2021.

 

2.       That Council writes to current members of Advisory Committees, Panels, and Section 355 Committees seeking their agreement to continue their representation for the remainder of this term of Council.

 

3.       That, if Committee members choose to not continue in their roles, these be readvertised seeking appointment until September 2021.

 

4.       That Council writes to Regional Committees to determine if membership on these Committees remains in place until the Local Government election in 2021.

 

 

 

 


 

REPORT

 

Following the deferment of the Local Government election, the current term of Council extends until September 2021.  Formation of Advisory Committees and Panels, Section 355 Committees and Regional Committees aligns with each new term of Council, meaning that the current Committees should now remain in place until September 2021.

 

This report recommends that Council resolves to extend the term of current Committees for the same period.

 

Background

 

Advisory Committees and Panels

 

Members were appointed over several months beyond the 2016 election due to changes in the structure of Advisory Committees, Panels and PRGs.  Part of Resolution 16-482 from 29 September 2016 stated that committee/panel members be advised of the continuation of their committee/panel, and asked if they wished to continue their representation until Council appointed new members following an expression of interest process.  Expressions of interest were called for Committees, with some not fully confirmed until August 2017. 

 

The term for Advisory Committee members was not specified in the Council resolution or in their appointment letters.  The Constitutions for these Committees/Panels state their timeframe is for the term of Council 2016-2020.

 

It is recommended that Council writes to current Advisory Committee/Panel members to determine if they wish to continue their membership on the Committee until the appointment of a new term of Council, following the 2021 Local Government election.

 

Section 355 Committees

 

These committees were appointed by Council on 17 November 2017 via Resolution 16-569 for a 4 year term, ending December 2020.  Letters to Section 355 Committee members confirming their appointment also stated the same term. 

 

It is recommended that Council writes to current S355 Committee members to determine if they wish to continue their membership on the Committee until following the 2021 Local Government election.

 

Regional Committees

 

Councillor representatives were appointed to these 21 Committees via Resolution 16-483 from 29 September 2016.  It is recommended that Council contacts these Committees and formally advise that the current Council term has been extended until September 2021 due to the deferment of Local Government Elections, and seek confirmation that membership on these Committees remains in place until then.

 

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

 

As detailed in the report, Constitutions for Committees/Panels provide the governance framework for each of the individual committees, including their timeframes.

 

Constitutions for each of the Committees/Panels are available on Council’s website:

·        Advisory committees and panels

·        Section 355 Committees

·        Regional Committees  

 

Financial Considerations

 

Nil.

 

Consultation and Engagement

 

It is proposed that Council writes to each affected committee member to seek their agreement to continue their engagement on their respective committee/s.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.13

 

 

Report No. 13.13         Budget Review - 1 April to 30 June 2020

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2020/1156

                                       

 

 

Summary:

 

This report is prepared in accordance with the format required by Clause 203 of the Local Government (General) Regulation 2005 to inform Council and the Community of Council’s estimated financial position for the 2018/2019 financial year, reviewed as at 30 June 2020.

 

The Quarterly Budget Review for the June 2020 Quarter has been prepared to assist Council with its policy and decision making on matters that could have short, medium and long term implications on financial sustainability.

 

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

 

The report also provides an indication of the financial position of Council at 30 June 2020.  It should be noted that the figures provided are subject to completion and audit of the Council’s Financial Statements for 2019/2020. Any major variances will be included as part of the report adopting the financial statements in November 2020.

 

This report was considered by the Finance Advisory Committee at its meeting held on 20 August 2020.

 

  

 

RECOMMENDATION:

1.       That Council authorises the itemised budget variations as shown in Attachment 2 (#E2020/63870) which includes the following results in the 30 June 2020 Quarterly Review of the 2019/2020 Budget:

 

a)      General Fund - $699,700 change in Unrestricted Cash Result

b)      General Fund - $10,440,600 increase in reserves

c)      Water Fund - $1,966,800 increase in reserves

d)      Sewerage Fund - $1,491,600 increase in reserves.

 

2.       That Council adopts the revised General Fund Estimated Unrestricted Cash Result of $723,400 for the 2019/2020 financial year.

 

 

Attachments:

 

1        Budget Variations for General, Water and Sewerage Funds, E2020/63869  

2        Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2020/63870  

 

 


 

REPORT

 

Council adopted the 2019/2020 budget on 27 June 2019 via Resolution 19-325.  It also considered and adopted the budget carryovers from the 2018/2019 financial year, to be incorporated into the 2019/2020 budget at its Ordinary Meeting held on 22 August 2019 via Resolution 19-390.  Since that date, Council has reviewed the budget taking into consideration the 2018/2019 Financial Statement results and progress through the 2019/2020 financial year.

 

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

 

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

 

Consolidated Budget Cash Result

 

 

 


General Fund Cash Result     Water Fund Cash Result        Sewer Cash Result

 

 

 


Principal Activity                     Principal Activity                     Principal Activity

 

 

 


Operating Income       Operating Expenditure    Capital income    Capital Expenditure

 

 

The pages in Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 27 June 2019 plus the adopted carryover budgets from 2018/2019 followed by the resolutions between July and September, the September review, resolutions between October and December, the December review, resolutions between January and March, the March review, resolutions between April and June and the revote (or adjustment for this review) and then the revised position projected for 30 June 2020.

 

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

 

There is also information detailing restricted assets (reserves) to show estimated balances as at 30 June 2020 for all reserves.

 

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

 

Office of Local Government Budget Review Guidelines:

 

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

 

CONSOLIDATED RESULT

 

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds’ budget movements for the 2019/2020 financial year projected to 30 June 2020.

 

 

2019/2020 Budget Review Statement as at 30 June 2020

Original Estimate (Including Carryovers)

1/7/2019

 

Adjustments to 30 June 2020 including Resolutions*

Proposed 30 June 2020 Review Revotes

 

Revised Estimate 30/6/2020