Agenda of Ordinary Meeting - Thursday, 27 August 2020

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

15. Questions With Notice

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

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

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 Council’s 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 children’s 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

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

CSP Strategy

DP Action

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)

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

Associated Risk

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 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

CSP Strategy

DP Action

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

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 13.8

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

CSP Strategy

DP Action

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 13.11

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

CSP Strategy

DP Action

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 13.13

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
Operating Revenue	87,128,100	(3,773,700)	4,615,000	87,969,400
Operating Expenditure	93,783,700	(1,212,100)	(3,390,000)	89,181,600
Operating Result – Surplus/Deficit	(6,655,600)	(2,561,600)	8,005,000	(1,212,200)
Add: Capital Revenue	28,167,600	(3,411,600)	(2,090,200)	22,665,800
Change in Net Assets	21,512,000	(5,973,200)	5,914,800	21,453,600
Add: Non Cash Expenses	14,657,200	0	0	14,657,200
Add: Non-Operating Funds Employed	1,844,000	0	0	1,844,000
Subtract: Funds Deployed for Non-Operating Purposes	(56,567,300)	7,088,200	8,104,600	(41,374,500)
Cash Surplus/(Deficit)	(18,554,100)	1,115,000	14,019,400	(3,419,700)
Restricted Funds – Increase / (Decrease)	(18,421,700)	1,958,900	13,319,700	(3,143,100)
Forecast Result for the Year – Surplus/(Deficit) – Unrestricted Cash Result	(132,400)	(843,900)	699,700	(276,600)

GENERAL FUND

In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 31 June 2020:

Opening Balance – 1 July 2019	$1,000,000
Plus original budget movement and carryovers	(132,400)
Council Resolutions July – September Quarter	0
September Budget Review	132,400
Council Resolutions October – December Quarter	0
December Budget Review	(150,000)
Council Resolutions January – March Quarter	0
March Budget Review	(826,300)
Council Resolutions April – June Quarter	0
Recommendations within this Review – increase/(decrease)	699,700
Forecast Unrestricted Cash Result – Surplus/(Deficit) – 30 June 2020	(276,600)
Estimated Unrestricted Cash Result Closing Balance – 30 June 2020	$723,400

The General Fund financial position overall has increased by $699,700 as a result of this budget review, bringing the forecast unrestricted cash result for the year to $723,400. This is below Council’s target of $1,000,000 but given the current Pandemic circumstances is certainly acceptable. The proposed budget changes are detailed in Attachment 1 and summarised further in this report below.

Council Resolutions

There were no Council resolutions that impacted the budget result in the April 2020 to June 2020 quarter.

Budget Adjustments

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

Council Directorate	Revenue Increase/ (Decrease) $	Expenditure Increase/ (Decrease) $	Budget Result Increase/ (Decrease) $
General Manager	(41,600)	(294,300)	252,700
Corporate & Community Services	1,602,300	1,135,100	467,200
Infrastructure Services	(4,567,900)	(4,560,100)	(7,800)
Sustainable Environment & Economy	(470,400)	(458,000)	(12,400)
Total Budget Movements	(3,477,600)	(3,883,000)	699,700

Budget Adjustment Comments

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

The major consideration with this budget review is the reduction in expenditure associated with projects not completed and under-expenditure. Council will also be considering a report to this Ordinary Council Meeting regarding carryover items from the 2019/2020 financial year for work not completed to be added to the 2020/2021 Budget Estimates. This report also considers the implications of that report.

Specific Cash Position

On reconciling Council’s total cash and investment position at 30 June 2020 compared to the reserve movements outlined in this Budget Review, there is an indication that Council may have total unrestricted cash and investments of $723,400, a decrease of 27.6% from 2018/2019. This can be attributed to the effect that the COVID-19 pandemic has had on income Council expected to receive and also expenditure impacts. Council commenced the 2019/2020 financial year with unrestricted cash of $1,000,000 which was an attainment of one of Council’s short term financial goals. The actual amounts eventually allocated are contingent upon finalisation of the 2019/2020 financial statements. These are subject to external audit and further reporting to Council.

Following adoption of the 31 March 2020 Quarter Budget Review Council was forecasting a budget deficit of $976,300 for the 2019/2020 financial year. Whilst Council will likely end the 2019/2020 financial year with a budget deficit (estimated at $276,600), this is a significant and welcome financial improvement for Council. In such unprecedented times, the indicative financial outcome for the 2019/2020 financial year is a more than satisfactory outcome. Nevertheless, moving forward it will be necessary for Council to continue to manage and endeavour to improve the projected budget deficit for the 2020/2021 financial year.

WATER FUND

After completion of the 2018/2019 Financial Statements the Water Fund as at 30 June 2019 has a capital works reserve of $8,324,600 and held $3,117,100 in section 64 developer contributions.

The estimated Water Fund reserve balances as at 30 June 2020 are derived as follows:

Capital Works Reserve

Opening Reserve Balance at 1 July 2019	$8,324,600
Plus original budget reserve movement	(31,100)
Less reserve funded carryovers from 2018/2019	(375,700)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(100,000)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(4,600)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	550,200
Resolutions April - June Quarter – increase / (decrease)	(608,500)
June Quarterly Review Adjustments – increase / (decrease)	1,506,500
Forecast Reserve Movement for 2019/2020 – Increase / (Decrease)	936,800
Estimated Reserve Balance at 30 June 2020	$9,261,400

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2019	$3,117,100
Plus original budget reserve movement	(966,100)
Less reserve funded carryovers from 2018/2019	(503,800)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	322,500
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(665,000)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	(105,800)
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	460,300
Forecast Reserve Movement for 2019/2020 – Increase / (Decrease)	(1,457,900)
Estimated Reserve Balance at 30 June 2020	$1,659,200

Movements for Water Fund can be seen in Attachment 1 with a proposed estimated increase to reserves (including S64 Contributions) overall of $1,966,800 from the 30 June 2020 Quarter Budget Review.

SEWERAGE FUND

After completion of the 2018/2019 Financial Statements the Sewer Fund as at 30 June 2019 has a capital works reserve of $6,392,800 and plant reserve of $773,400. It also held $8.685.200 in section 64 developer contributions.

Capital Works Reserve

Opening Reserve Balance at 1 July 2019	$6,392,800
Plus original budget reserve movement	(1,005,900)
Less reserve funded carryovers from 2018/2019	(1,454,800)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(618,200)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	300,800
Resolutions January - March Quarter – increase / (decrease)	(147,000)
March Quarterly Review Adjustments – increase / (decrease)	3,012,900
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	404,100
Forecast Reserve Movement for 2019/2020 – Increase / (Decrease)	491,900
Estimated Reserve Balance at 30 June 2020	$6,884,700

Plant Reserve

Opening Reserve Balance at 1 July 2019	$773,400
Plus original budget reserve movement	0
Less reserve funded carryovers from 2018/2019	0
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	0
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	0
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	0
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	122,800
Forecast Reserve Movement for 2019/2020 – Increase / (Decrease)	122,800
Estimated Reserve Balance at 30 June 2020	$896,200

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2019	$8,685,200
Plus original budget reserve movement	(816,100)
Less reserve funded carryovers from 2018/2019	(1,018,700)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(20,000)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(521,500)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	668,200
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	964,700
Forecast Reserve Movement for 2019/2020 – Increase / (Decrease)	(743,400)
Estimated Reserve Balance at 30 June 2020	$7,941,800

Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall increase to reserves (including S64 Contributions) of $1,491,600 from the 30 June 2020 Quarter Budget Review.

Legal Expenses

Legal expenses are funded by general revenue and can potentially be a significant cost and also one which is subject to fluctuation.

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

a fund basis as at 30 June 2020.

Total Legal Income and Expenditure as at 30 June 2020

Program	2019/2020 Budget ($)	Actual ($)	Percentage To Revised Budget
Income
Legal Expenses Recovered	39,500	39,500	100%
Total Income	39,500	39,500	100%

Expenditure
General Legal Expenses	595,700	595,708	100%
Total Expenditure General Fund	595,700	595,708	100%

Note: The above table does not include costs incurred by Council in proceedings after 30 June 2020 or billed after this date. During the financial year, an additional $391,300 was added to the original budget of $204,400 subject to adoption of this Quarterly Budget Review. This was allocated in previous Quarterly Budget Reviews and a further $84,200 proposed in this Quarterly Budget Review with funding from the legal services reserve and legal expenses recovered. The expenditure budget in the table above for legal expenses assumes the additional $84,200 in budget is approved.

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

Legal Reserve

Opening Reserve Balance at 1 July 2019	$500,000
Less:-
General Legal Expenses (December 2019 QBR)	(267,600)
Proposed 30 June 2020General Legal Expenses (June 2020 QBR)	(84,200)
Proposed 30 June 2020 Quarter Budget Review Adjustment	351,800
Estimated Reserve Balance at as at 30 June 2020	$500,000

Financial Implications

The 30 June 2020 Quarter Budget Review of the 2019/2020 Budget Estimates forecasts an improved outcome to the estimated budget attributable to the General Fund assuming all revotes of income and expenditure reported for Council’s consideration are approved. Overall, the short term financial position still needs to be carefully monitored on an ongoing basis.

Note that the financial outcomes outlined in this Budget Review should be considered in the context that they are indicative. Council is yet to finalise its financial statements for the year ended 30 June 2020 which will also be subject to external independent audit.

It is expected that Council will receive a report regarding the formal adoption of its financial statements for the year ended 30 June 2020 at its Ordinary Meeting in November 2020.

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	5.5.1.1		Financial reporting as required provided to Council and Management

Legal/Statutory/Policy Considerations

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

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

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

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

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

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

Statement by Responsible Accounting Officer

This report indicates that the short term financial position of the Council is still satisfactory for the 2019/2020 financial year, having consideration of the original estimate of income and expenditure at the 30 June 2020 Quarter Budget Review.

This opinion is based on the estimated Unrestricted Cash Result position at 30 June 2020, albeit lower than Council’s adopted target position, plus the significant improvement in the 2019/2020 budget position since the 31 March 2020 Quarterly Budget Review.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.14

Report No. 13.14 Children's Services Review

Directorate: Corporate and Community Services

Report Author: Sarah Ford, Manager Social and Cultural Planning

File No: I2020/1168

Summary:

The Early Childhood Education Care (ECEC) and Outside School Hours Care (OSHC) sectors are complex and highly legislated.

Ongoing interventions by government policy and funding bodies create constant change in this highly regulated environment. To support National Quality progress and improvement the sector is governed by the National Quality Framework (NQF) which has 7 distinct Quality Standards/ Indicators. Aligning best practice outcomes to legislation and National Standards creates a great deal of complexity.

Specialists in the field, Community Connections Solutions Australia (CCSA) were engaged to undertake a review of Council’s Children’s Services portfolio with the aim of identifying options that would ensure the ongoing provision of high quality and responsive community-based education and care services that achieve strong outcomes and are financially sustainable into the future.

This reports seeks support from Council to change the service delivery model of the Children’s Services portfolio in recognition of the highly specialised and highly regulated nature of the sector, and to ensure the Services and the children they care for, benefit from a better balance between quality outcomes and financial sustainability.

RECOMMENDATION:

That Council endorses Option 2 as recommended by CCSA to create a cooperative entity and maintains Council’s strategic role as a partner in the cooperative.

Attachments:

1 National Quality Framework Summary, E2020/59668

2 Children's Services Review Summary Findings and Recommendations CCSA July 2020, E2020/53436

REPORT

Council has been delivering children’s services for over 20 years. During this time, the sector has changed markedly. Today, the children’s services sector is highly complex and experiences regular shifts in policy and funding arrangements, including the child care subsidy.

Council currently operates Sandhills, a long day care service with 59 licenced places (80 families) which caters to children aged from 6 weeks to 5 years, and Outside School Hours Care (vacation care and after school care) services in Byron Bay, Brunswick Heads and Mullumbimby for children 5-12 years, with 150 approved places (354 families). The management and support structures in place for the Children’s Services portfolio have not kept pace with the complex, highly specialised and increasingly tightly regulated nature of the sector.

The children’s services sector is regulated through a National Quality Framework (NQF) which operates under an applied law system, comprising the Education and Care Services National Law and the Education and Care Services National Regulations. Operating within this sector requires specialist skills, knowledge and experience to effectively balance quality educational outcomes and experiences for children with strong governance and management that ensures service viability and sustainability.

In 2012 the NQF introduced a new quality standard (summary attached) to improve education and care across long day care, family day care, preschool/kindergarten, and outside school hours care services. Quality outcomes under the NQF are associated with ‘Exceeding’ practice. The quality standard includes:

· National Law and National Regulations

· National Quality Standard

· Assessment and quality rating process

· National learning frameworks.

The NQF is a robust and evidence based quality assurance system which is highly regarded internationally (and often regarded as a global leader) as a driver of change through independent assessment and rating.

In addition the Department of Education is planning to implement a star rating for children’s services which will be publicly available to parents. At present it is understood that Council’s Children’s Services would be likely to achieve a 2 out of 5 star rating and this is something we are keen to improve.

Over the last 5 years, Council has invested considerable staff resources into addressing key challenges including a decrease in quality outcomes for children and their families identified through the independent assessment and rating process, and poor financial performance. While some improvements have been made, including better oversight over Outside School Hours Care services, there is a very real and significant risk to Council if it does not acknowledge and address the specialist nature of the sector.

Recognising the risk and the fact that current efforts and structures have only taken us so far, Council engaged Community Connections Solutions Australia (CCSA) to undertake a review of the Children’s Services portfolio with the broad aim of identifying a range of options that would ensure ongoing provision of high quality and responsive community-based education and care services that achieve strong outcomes and are financially sustainable. CCSA provides specialist advice, support and programs to improve governance and management capability widely to the early childhood education sector, and in particular to not-for-profit service providers.

Key issues

CCSA identified a number of key issues with the current model of operation which are provided in the attached Summary of Findings and Recommendations and has advised that continuing with the status quo will not achieve Council’s objectives of meeting children’s needs well and safely and achieving financial sustainability. In particular CCSA notes:

· The existing governance and management structure does not support the effective operation of the services. This has resulted in a high level of turnover of Children’s Services Coordinators (4 in 5 years) and represents significant risk to Council from the loss of expertise necessary to fulfil regulatory obligations, in particular the absence of an on-site nominated supervisor as well as a loss of continuity while recruitment is undertaken.

· The portfolio requires different resourcing to deliver a lift in quality. The current lead role of children’s services co-ordinator does not have sufficient resources to manage Council’s interests effectively, including managing the obligations and risks posed from being the licensed approved provider.

· Staffing costs and numbers are higher than the market (including NFP organisations). At present there is no measurable benefit being derived from these staffing levels and costs in relation to quality outcomes, as assessed by quality ratings achieved. (It should be noted that learning experiences and relationship were observed to be positive and professional).

· Staffing can be better structured, better utilised and more accountable for operations. For example service co-ordinators have no accountability for staffing costs nor are they able to track against an operational budget.

· There is no operating plan that might include projected occupancy, break even position or responsibility for promoting the service in any planned and regular way.

· Long day care is a highly competitive market. There is currently almost no community awareness of council’s role or the investment council is making for the community.

· Economies of scale are being missed due to the lack of integration between the services

· It is impractical for generalist council officers with diverse portfolios to be across all the legislation and operational requirements which are complex and require a deep and specialist understanding of operating frameworks including educational processes and outcomes and the quality assurance system.

· Year on year losses result in a continued draw on reserves. It is important to note that quality can only be driven by investment, and there is currently no financial return to reinvest into quality improvement.

· Limitations of council technology/software have over time led to the absence of an operating budget to guide decision-making, and make administration cumbersome, costly and resource heavy. The inefficiencies include double handling and duplication.

Options

CCSA provided two options to support high-quality and responsive community-based education and care services that achieve strong outcomes. Both require improvement to governance, systems, staffing and operations.

Option 1: Maintain the existing structure with Council as owner and operator of Children’s Services and implement a range of improvements and investments to support improved efficiency and quality.

It should be noted that staff have invested significant resources into achieving improvements under the current management model over the past 5 years with limited success. The scale of operational improvements required to deliver a viable and high quality service are considered too great to achieve under the current model, given the complexity and specialised nature of the sector and the poor financial performance.

Option 2: Create a cooperative entity that removes Children’s Services from Council’s direct management while maintaining Council’s role as a partner in the cooperative. PREFERRED

A cooperative creates a “one service” governance model which will ensure that both the long day care service and outside school hours care services become an integrated, unified group with a single philosophy and shared values. The governance structure includes a Board that will provide a blend of Council and community expertise and capability to set direction, be more strategic, and drive quality and sustainability.

Council’s direct involvement as a key partner in governance provides strength and capability to the board and enhances the relationship with the community, particularly where Councillors are board members. It facilitates direct and regular connection and information sharing in relation to identified and visible goals and objectives which will support the intention to balance quality outcomes and financial sustainability.

A cooperative model is already operated successfully in NSW by Penrith Council.

CCSA considered a third option which was to create an association structure or to merge with an existing association. This option was not considered further due to barriers including the differences in pay and conditions for staff employed under the Local Government Award to those of the general sector, the risk of undermining community confidence in the services, and the tenure of the Sandhills site. Further, it was acknowledged that existing Council policy supports provision of high quality care in the sector.

Next steps

Should Option 2 be adopted, a project guidance group consisting of the following key staff will support the transition to a cooperative entity over a 12-18 month period:

· Director Corporate and Community Services

· Executive Officer

· Manager Social and Cultural Planning

· Manager People and Culture

· Manager Finance

· Manager Business Systems

· Coordinator Children’s Services

An implementation plan and communications plan for staff and families will be developed to ensure that there is opportunity for input into the transition process and that at all times staff and families are kept informed of progress.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

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

2.2.2.2

Support children with additional needs to learn and participate alongside their peers

Legal/Statutory/Policy Considerations

The National Quality Framework (NQF) operates under an applied law system, comprising the Education and Care Services National Law and the Education and Care Services National Regulations. The purpose of the applied law system is to set a national standard for children’s education and care across Australia.

Education and Care Services National Law Act 2010

Children (Education and Care Services National Law Application) Act 2010 No 104

Education and Care Services (National Uniform Legislation) Act 2011

Education and Early Childhood Services (Registration and Standards) Act 2011

The Children and Young Persons (Care and Protection) Act 1998 (the Act) establishes the legislative framework governing child wellbeing and providing child protection and out-of-home care services in NSW

Byron Shire Council Children’s Services Policy (2017)

Financial Considerations

Under the current management model the Children’s Services portfolio has made year on year losses for the last 3 financial years, with the exception of Byron Bay OSHC, which has delivered a surplus annually.

In addition to the project guidance group outlined above, a specialist consultant will be engaged to oversee the transition. A budget of $50,000 has been identified and can be funded from the Children’s Services Reserve.

It is expected that by creating a more efficient governance structure, the cooperative model will, over time, deliver a modest surplus which can be reinvested into the services to improve quality outcomes.

Moving to a cooperative model, should deliver an immediate reduction in service provision costs of $160,000 which is currently charged to the portfolio as an internal “support services” cost to cover finance, human resources, customer services, communications and IT supports provided by Council. While it is acknowledged that there will be a cost to the cooperative to provide these services independently, it is expected that those costs will be significantly less than $160,000 per annum.

Consultation and Engagement

CCSA consulted widely in the development of the Children’s Services review including:

· Senior management

o Finance

o People and Culture

o Business Systems and IT

o Social and Cultural Planning

· Children’s services staff across all services

· Parent community

· OSHC School Principals

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.15

Report No. 13.15 Delivery Program 6-monthly Report and 2019/20 Operational Plan Fourth Report - Q4 - to 30 June 2020

Directorate: Corporate and Community Services

Report Author: Heather Sills, Corporate Planning and Improvement Coordinator

File No: I2020/1169

Summary:

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

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

Council achieved 78% of the Operational Plan activities planned to be delivered in 2019/20; slightly down from 81% during 2018/19. There are a number of factors impacting on this result which are outlined in detail throughout the report but notably, the total number of activities had significantly increased from 301 in 2018/19 to 413 in 2019/20 – a 37% increase.

RECOMMENDATION:

That Council notes the Delivery Program 6-monthly Report and 2019/20 Operational Plan Fourth Quarter Report for the period ending 30 June 2020 (Attachment 1 #E2020/59640).

Attachments:

1 Delivery Program 6-monthly Report and Operational Plan Quarter Report - Q4 - to 30 June 2020, E2020/59640

REPORT

Background

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

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

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

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

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

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

As this is the last quarter report for the 2019/20 financial year, this report details Council’s achievement for the activities in the 2019/20 Operational Plan. Overall, Council achieved 78% of planned activities against the measures in the plan. This compares to 81% during 2017/18. However the total number of activities also increased from 301 to 413, which is a 37% increase.

The report (Attachment 1 #E2020/59640) is structured by the five ‘Our Byron, Our Future’ Community Strategic Plan 2028 objectives and the below graph illustrates the achievements against each of these objectives:

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

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

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

· Community Objective 4: We manage growth and change responsibly

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

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

· Activity

· Responsible directorate

· Measure

· Timeframe

· Comments

· Status

o Achieved – Indicates that the planned activity was achieved in accordance with the timeframe, measures, and budget

o Substantially Achieved – greater than 50% achievement for the planned activity

o Partly Achieved – less than 50% achievement for the planned activity

o Deferred / Delayed – activity has been deferred or delayed. These activities will be considered in the first quarterly review of the 2020/21 Operational Plan.

Achievements

Council achieved 78% of its actions during this period. Some activities were not fully achieved and/or deferred as a direct result of COVID-19 restrictions. Further detail on individual activities and their impact is provided in detail in the report.

Key achievements include:

· Road reconstruction work of Byron Bay High School Turnaround Arakwal Court

· Development of concept plans for the Byron Bay Skate Park and Recreation Hub

· $2.1m upgrade at Railway Park

· A detailed Building Asset Management Plan developed

· Defined levels of service for public toilet facilities

· Pedestrian Access Mobility Plan (PAMP) finalised and endorsed

· Integrated Waste Management and Resource Recovery Strategy adopted

· Installation of solar systems at the Sewerage Treatment Plants

· Main beach parking bays resurfaced and line marked

· Jonson St accessible parking bays implemented

· Twelve month car share pilot commenced on World Environment Day 5 June 2019

· Soul Street New Years event held on 31 December 2019

· Arts and Cultural Policy developed

· New MOU drafted in partnership with Arakwal

· Railway Park aboriginal public art project

· Homelessness Forum held on 9 June 2020

· Capital improvements to community buildings including Marvell Hall amenities, an accessible ramp and parking at Durrumbul Hall, accessibility improvements at Mullumbimby Neighbourhood centre, upgrade to the kitchen at Brunswick Memorial Hall, and improvements at both Suffolk Park and Mullumbimby Civic Hall

· Draft Emergency Dashboard prototype developed

· Installation of CCTV in hotspot areas and lighting upgrades

· Food Safety education with proprietors of food premises

· Biodiversity Conservation Strategy adopted

· On track to meet 2025 net zero emissions target

· A 99kw solar carpark was installed at Council's Administration building, Mullumbimby

· Work commenced on the preparation of a Climate Adaptation Plan

· Sustainability Awards attracted over 15 nominations

· CMP Scoping Study adopted

· Establishment of Place Planning Collective

· Amendment to enable precinct based Short Term Rental Accommodations prepared

· Draft Residential Strategy was prepared and exhibited

· Draft Affordable Housing Contribution Policy was developed and exhibited

· Engagement on Sustainable Visitation Plan

· Business and Industrial Land Strategy developed

· Commenced two-year trial of Byron Model recommendations

· Community Participation Plan adopted

· Youth Challenge program delivered with students from Mullumbimby High School

· Assistive technology support provided through ReadSpeaker on Council's website and hearing loop in Council Chamber

· Community Survey completed

· New online public mapping service made available to the public

· Customer Experience Strategy and action plan developed

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

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

Legal/Statutory/Policy Considerations

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

Financial issues

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

Consultation and Engagement

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

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

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.16

Staff Reports - Sustainable Environment and Economy

Report No. 13.16 Draft Net Zero Emissions Action Plan for Council Operations 2025 - endorsement for public exhibition

Directorate: Sustainable Environment and Economy

Report Author: Julia Curry, Sustainability and Emissions Reduction Officer

Hayley Briggs, Sustainability and Emissions Reduction Officer

File No: I2020/894

Summary:

This report presents the draft Net Zero Emissions Action Plan for Council Operations 2025 (the Action Plan), for Council’s consideration to place on public exhibition (see Attachment 1, E2020/56957).

The overall aim of the Action Plan is to map a path for future activities that Council will undertake in order to reduce emissions from Council operations. The Action Plan is founded on the Net Zero Emissions Strategy for Council Operations 2025 (the Strategy) and Council’s commitments to being net zero emissions for Council operations by 2025, and to sourcing 100% of its electricity through renewable energy by 2027 (see Attachment 2, E2019/37526).

Since the adoption of the Strategy in 2019, Byron Shire has experienced a range of natural disasters such as drought, bushfire and flood, and now the COVID 19 global pandemic. The cumulative socio-economic pressures caused by these events indicate that further operational changes are necessary for Council to adapt appropriately to the challenges of a changing environment. Council’s climate change adaptation response is separate to this Action Plan and is being addressed through two main pathways – the Federal and State funded Byron Shire Disaster Resilience Project, which aims to build community resilience to future natural crises (resolution 20-117), and the Climate Change Adaptation Plan, which is currently being developed by staff.

The draft Action Plan has been developed with the assistance of the Sustainability and Emissions Reduction Advisory Committee, Council Managers and relevant Council staff. It was presented to Councillors at the 6 August 2020 Strategic Planning Workshop. It is now presented to Council for consideration and adoption for public exhibition.

RECOMMENDATION:

1. That Council adopt the draft Net Zero Emissions Action Plan for Council Operations 2025 (Attachment 1, E2020/56957) for public exhibition for a period of 28 days accompanied by the Byron Shire Council Net Zero Emissions Strategy for Council Operations 2025 (Attachment 2, E2019/37526).

2. That any submissions received on the draft Net Zero Emissions Action Plan for Council Operations 2025 (Attachment 1, E2020/56957) be reported to Council for consideration, prior to the adoption of the final Action Plan; and if no submissions are received, Council adopts the Action Plan.

Attachments:

1 Draft Net Zero Emissions Action Plan For Council Operations 2025, E2020/56957

2 Net Zero Emissions Strategy for Council Operations 2025 Adopted 20 June 2019 Res 19-268, E2019/37526

REPORT

Background

At Council Ordinary Meeting 23 March 2017 resolution 17-086 was developed and included two specific targets:

§ Council commits to achieving 100% net zero emissions by 2025 in collaboration with Zero Emissions Byron (ZEB).

§ Council commit itself to source 100% of its energy through renewable energy within 10 years.

On 2 August 2017 the Executive Team considered a follow up report to resolution 17-086 and considered the delivery of an emissions reduction strategy for Council, to meet these targets. The Net Zero Emissions Strategy for Council Operations 2025 (the Strategy) was adopted by Council on 20 June 2019 (resolution 19-268) (see Attachment 2, E2019/37526).

The 2019/20 Operational Plan included the following action and related measure:

- 3.2.1.1 Implement Net Zero Emissions Strategy for Council Operations 2025

o Develop and deliver annual action plan to prioritise and evaluate emissions reduction projects

This draft Action Plan has been crafted to sit alongside the Strategy and deliver on the above Operational Plan measure (Attachment 1, E2020/56957).

To develop the Action Plan, workshops with the Sustainability and Emissions Reduction Advisory Committee and Council Managers were held in February 2020. Additional feedback was obtained from non-SERAC Managers and other relevant staff to ensure the Action Plan was accurate and achievable. The Action Plan was presented to Councillors for discussion at the 6 August 2020 Strategic Planning Workshop.

Action Plan structure

The Action Plan addresses the questions “Where are we now?” and “What do we need to do to reach net zero emissions for Council operations by 2025?” It is structured using Objectives, Goals, Actions and Measures (see Table 1) and provides Council staff with actionable steps as to how they can help meet the net zero emissions target.

Table 1: Action Plan structure – Definitions of Objectives, Goals, Actions, and Measures

Term	Definition
Objective	One of the five principal contributing sources of emissions within Council Operations
Goal	Measurable long term targets that align with the relevant objective, and the 2021-2025 Delivery Program timeframe.
Action	Specific and measurable steps for Council staff to deliver within approximately one financial year. They are to be included in the relevant annual Operation Plan.
Measure	One or several indicators to determine the completion of an action. These measures also allow for one action to be broken down into a series of smaller achievements over more than one financial year.

There are five objectives, based on Council’s principal sources of emissions, which provide the Action Plan’s basic structure:

· Objective A – Electricity;

· Objective B – Fuel;

· Objective C – Waste, Water, and Sewer;

· Objective D – Governance; and

· Objective E – Community Infrastructure.

Action Plan Implementation

As explained above, the Action Plan has been designed to align with the Delivery Plan and Operational Plan. This will assist staff to understand their responsibilities and track progress.

The Action Plan identifies the Directorates who have lead and supporting roles. For example, Table 2 below shows that for Action A3, Infrastructure Services has the lead role with Sustainable Environment and Economy as support.

Table 2: Excerpt from Action Plan Objective A – Electricity

Action		Measure	Leading Directorate/s
Projects Underway
A1	Investigate 5MW solar farm at Dingo Lane, Myocum	Investigation complete.	Infrastructure Services (IS)
A2	Investigate bioenergy facility at West Byron STP	Investigation complete.	IS
A3	Facilitate bulk roll out of LED streetlights for Byron Shire	All streetlights in Byron Shire upgraded to LED technology	IS in collaboration with Essential Energy and Sustainable Environment and Economy (SEE)

It is important to note that there is some level of uncertainty and assumption within the Action Plan, as technology, policy and time will influence Council’s ability to meet its target. Some of these assumptions are:

· Not all actions and measures are weighted equally, and therefore may not all be individually required to reach net zero emissions by 2025.

· The goals in this plan are based on the figures and progress made over the past four years since Council’s baseline was established in 2016.

A progress report and evaluation of actions will be provided to the Executive Team and Council on an annual basis, alongside the Annual Emissions Report. This will complement the progress reports on the Strategy, which are provided every three years (the first update to which will be published in 2022). Annual reporting will ensure the Action Plan remains up to date and relevant in the context of changing climate science, technology and policy, and what emissions reduction goals Council achieves along the way.

Summary and recommendation

This report presents key highlights of the draft Net Zero Emissions Action Plan for Council Operations 2025. It is recommended that Council exhibit the draft Action Plan (Attachment 1) alongside the Strategy (Attachment 2) for a period of 28 days in September 2020 in order to gain public feedback before the final version is presented to Council in November 2020. If no public feedback is received, it is recommended that Council adopt the Action Plan as is.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

The Action Plan reflects all international, federal, state and regional plans and targets. It complements Council’s overarching Community Strategic Plan (CSP) and recognises the growing interest in emissions reduction projects and renewables observed in the Byron Shire, which is highlighted in the CSP. As well as being a key tool to support the delivery of the Net Zero Emissions Strategy for Council Operations 2025, the Action Plan is further complemented by a number of other Council policies and strategies (including but not limited to Towards Zero – Byron Shire’s Integrated Waste and Resource Recovery Strategy 2019-2029, the Integrated Water Cycle Management Plan, the Integrated Transport Management Strategy, and the Sustainable Visitation Strategy 2020-2030). It delivers on the below Operation Plan activity:

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 3: We protect and enhance our natural environment

3.2

Strive to become a sustainable community

3.2.1

Work towards Council's zero-emissions target

3.2.1.1

Implement Net Zero Emissions Strategy for Council Operations 2025

Legal/Statutory/Policy Considerations

Council has no statutory obligations to produce an emissions reduction Action Plan.

Financial Considerations

The cost of preparing the draft Action Plan was included in the 2019/20 budget.

Emissions reduction and the transition to 100% renewable energy can both cost and save Council depending on the project. Projects listed in the Action Plan will need to be assessed for financial viability on a case by case basis with funding considered in line with preparing Council’s annual budget.

Consultation and Engagement

To develop the Action Plan, workshops with the Sustainability and Emissions Reduction Advisory Committee and Council Managers were held in February 2020. Additional feedback was obtained from non-SERAC Managers and other relevant staff to ensure the Action Plan was accurate and achievable. The Action Plan was presented to and approved by Councillors at the 6 August 2020 Strategic Planning Workshop.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.17

Report No. 13.17 Request for revocation of Dangerous Dog Order

Directorate: Sustainable Environment and Economy

Report Author: Sarah Nagel, Community Enforcement Officer

File No: I2020/1039

Summary:

Mrs Cathie-Anne McGrath, owner of a desexed male Kelpie cross Dingo ‘Possum’ microchip number 982009102243253, has applied to Council to revoke a Dangerous Dog Declaration from Manly Shire Council imposed in January 2007.

RECOMMENDATION:

That Council revokes the Dangerous Dog declaration relating to desexed male Kelpie cross Dingo, ‘Possum’ microchip number 982009102243253 owned by Mrs Cathie-Anne McGrath.

Attachments:

1 Confidential - Letter from Mrs Cathie-Anne McGrath dated 29 June 2020, E2020/51795

2 Confidential - Mullumbimby Veterinary Clinic Report dated 22 June 2020, E2020/51791

3 Confidential - Mrs Anna Tasker Report dated 12 June 2020, E2020/51793

4 Confidential - Dr Nela Graham Report 21 June 2020, E2020/51792

5 Confidential - Dr Marie Rowe Reference dated 16 June 2020, E2020/51790

6 Confidential - Dr Mark Hampson Reference dated 16 June 2020, E2020/51786

7 Confidential - Ms Jane Anderson Reference dated 13 June 2020, E2020/51785

8 Confidential - Mr Robert Hall Reference dated 16 June 2020, E2020/51783

9 Confidential - Ms Saskia Lafebre Reference undated, E2020/51782

10 Confidential - Ms Tracy Wright Reference dated 10 June 2020, E2020/51784

11 Confidential - Ms Jennifer Coffey Reference dated 17 June 2020, E2020/51900

12 Confidential - Ms Jacqueline Appino Reference dated 15 June 2020, E2020/51788

REPORT

On 29 June 2020, Cathie-Anne McGrath wrote to Council, via letter, requesting that Council revoke a dangerous dog declaration.

On 16 January 2007, Manly Shire Council had declared a desexed male Kelpie cross Dingo ‘Possum’ microchip number 982009102243253, owned by Mrs Cathie-Anne McGrath, a dangerous dog pursuant to Section 34 of the Companion Animals Act 1998.

At that time, Possum was aged 18 months and was involved in an incident on 1 January 2007 during which he bit a nine year old girl on her upper right thigh as she was swinging on a tree swing at North Harbour Reserve, Balgowlah, Sydney. The girl required hospital treatment.

Possum is now 15 years of age. For the past 13 years, Possum has resided with his owner and her family at Myocum. Byron Shire has been the area where Possum is ordinarily kept for 13 years. A search of Council records and testimony from Mullumbimby Veterinary Clinic has revealed the owner has complied with all requirements of the Companion Animals Act and the Dangerous Dog Declaration. Council has no record of complaints or incidents involving Possum.

Possum’s owner, Mrs McGrath, is seeking Council revocation of the dangerous dog declaration. Ms McGrath has stated that she feels very strongly about having the order revoked before Possum dies.

Section 39 of the Companion Animals Act 1998 states:

(1) The owner of a dog that has been declared a dangerous dog or a menacing dog under this Division can apply to the council of the area in which the dog is ordinarily kept (whether or not it is the council whose authorised officer made the declaration) for the declaration to be revoked.

(1A) An application under subsection (1) cannot be made until after the period of 12 months following the date on which the dog was declared to be a dangerous dog or a menacing dog.

(2) The council to which the application is made may revoke the declaration but only if satisfied that—

(a) it is appropriate to do so, and

(b) If the council determines that it is necessary—the dog has undergone appropriate behavioural training.

(2A) In making a determination under subsection (2) (a) in relation to a menacing dog declaration, the council is to have regard to the nature and extent of any behavioural training that the dog has undergone.

(3) The council must, as soon as practicable, give notice to the owner of the dog that the declaration has been revoked or that the council has refused to revoke the declaration.

Possum’s usual veterinary practice has been Mullumbimby Veterinary Clinic since 25 May 2007. They have provided a written reference to Council stating Possum has never displayed any aggressive or unpredictable behaviour to any staff of the clinic for the period they have treated the animal.

Mullumbimby Veterinary Clinic has outlined that apart from Possum’s record of friendly, predictable behaviour; he suffers from chronic health conditions such as osteoarthritis and degenerative lumbosacral stenosis making it difficult to exercise and to maintain his mobility. He is getting old and frail.

Ms McGrath engaged a dog behaviourist, Mrs Anna Tasker, to perform a full assessment of Possum. Mrs Tasker does not believe Possum should be required to abide by dangerous dog requirements of being contained in a child proof enclosure and wearing of a muzzle in public and wearing a red/yellow dangerous dog collar as this is extremely detrimental to his health and well-being. Mrs Tasker concluded that Possum is not a risk to the wider community.

On 20 June 2020, Dr Nela Graham of Calm Companions conducted a Veterinary Behaviour Consultation via video conference, due to concerns about Possum's mental health deterioration over the past year. Dr Graham noted that in recent months, Possum has avoided staying inside overnight and paced non-stop unless he was allowed to sleep under the house. Due to his welfare, the owners have reluctantly allowed this, but have sought help from their GP vet and Dr Graham.

Dr Graham outlined concerns regarding Possum’s welfare, his age and as a consequence his health. Due to his arthritis, his vision and hearing deteriorating and anxiety Dr Graham stated it is cruel for him to continue under the dangerous dog conditions of living in a concrete enclosure and having to wear a muzzle. Dr Graham concluded these conditions are not conducive for his health and mental wellbeing.

Dr Marie Rowe, Director Animal Pharma Pty Ltd, has provided written reference noting she has known Possum for 15 years and supports the revocation of the dangerous dog declaration.

Written references, supporting the revocation of the dangerous dog declaration have also been provided by:

· Dr Mark Hampson of the Australian High Commission Medical Clinic, Honiara.

· Ms Jane Anderson, Psychologist and Justice of the Peace.

· Mr Robert Hall, Wildlife Officer of Currumbin Wildlife Sanctuary.

· Ms Saskia Lafebre, Animal Collections Manager of Currumbin Wildlife Sanctuary.

· Ms Tracey White, Manager of A Beachhouse at Byron.

· Ms Jennifer Coffey, friend.

· Ms Jacqueline Appino, Ms McGrath’s sister.

STRATEGIC CONSIDERATIONS

Legal Considerations

Companion Animals Act 1998

Financial Considerations

Ms McGrath will not be required to pay an annual dangerous dog permit fee of $195.00 to the NSW Pet Registry.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.18

Report No. 13.18 Lot 12 Bayshore Drive - Site Strategy and Urban Design Protocol

Directorate: Sustainable Environment and Economy

Report Author: Rob Van Iersel, Major Projects Planner

File No: I2020/1032

Summary:

Council considered Report 13.20 Update Resolution 20-161 – Lot 12 Bayshore Drive Redevelopment, at the Ordinary Meeting of 25 June 2020 – see link to Meeting Business paper here

At the meeting, Council resolved (Res 20-304) as follows:

1. Note the update provided on the actions of Resolution 20-161 as completed.

2. Confirm that Lot 12 Bayshore Drive, Byron Bay is to be a ‘mixed-use precinct that combines global innovation, entrepreneurship, creativity, research collaboration, cultural activity and nature’ with a TAFE Connected Learning Centre as anchor tenant.

3. Request staff to prepare a Site Strategy and Urban Design Protocol for Lot 12 Bayshore Drive, Byron Bay which includes but not limited to a vision, desired future land uses and development principles and any technical requirements necessary to support an Expression of Interest process for the future use and development of the site that encapsulates 2 above.

4. Request staff to report the Lot 12 Bayshore Drive, Byron Bay Site Strategy and Urban Design Protocol to a meeting of Council for endorsement prior to the Expression of Interest process being made public.

In accordance with this resolution, a draft Site Strategy and Urban Design Protocol has been prepared, which sets out a vision for the site, project objectives and a range of guidelines to shape the nature, type and scale of future development.

This report recommends that Council adopt the Lot 12 Site Strategy and Urban Design Protocol, to accompany an Expression of Interest seeking developers/partners who can deliver Council’s vision for the site.

NOTE TO COUNCILLORS:

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

RECOMMENDATION:

1. That Council adopt the Lot 12 Site Strategy & Urban Design Protocol as the guiding document establishing Council’s vision and preferences for the future development of the site and an Expression of Interest.

2. That Council undertake an Expression of Interest process for the development of Lot 12 to seek developers/partners who are able to achieve Council’s vision for the property.

Attachments:

1 Draft Lot 12 Site Strategy & Urban Design Protocol, E2020/47750

REPORT

Background

Council adopted the Arts and Industry Estate Precinct Plan at the Planning Meeting of 18 June 2020 (Res 20-285). The adopted plan, in part, addresses the future potential of Lot 12 Bayshore Drive, Byron Bay (Lot 12) suggesting the opportunity to develop the land for a ‘contemporary sustainability and innovation hub’.

Part of this resolution required that Council staff continue to refine the desired land uses, design principles and delivery options for Lot 12 and report to the earliest available Council meeting.

In accordance with that resolution, Council considered Report 13.20 Update Resolution 20-161 – Lot 12 Bayshore Drive Redevelopment, at the Ordinary Meeting of 25 June 2020 – see link to Meeting Business paper here

At the meeting, Council resolved (Res 20-304) as follows:

1. Note the update provided on the actions of Resolution 20-161 as completed.

Staff have also been in discussions about a potential lease between Council and TAFE NSW over part of Lot 12, which would allow TAFE to construct a Connected Learning Centre (CLC) at the site.

To help Council understand the full land use potential of Lot 12, with a TAFE CLC as an anchor tenant, an architecture/urban design firm was engaged to prepare three concept design options for the site.

The draft concepts were recently exhibited as part of the Arts and Industrial Estate Precinct Plan public exhibition, and reported to the Council Planning meeting on 18 June 2020.

The original request from TAFE NSW was to lease a 5,000m² portion of the land, located at the Bayshore Drive frontage of Lot 12. The subsequent negotiations have led to a reduction in the land area requested, with TAFE confirming that a parcel of 3,500m² will meet their needs.

Preliminary assessment has also been undertaken regarding access to the site, given the constraints associated with nearby intersections and the driveway access into the neighbourhood shopping centre opposite the land.

The assessment indicates that a new site access arrangement for Lot 12 will need to be provided. Options available include a roundabout serving Lot 12 and the shopping centre opposite, and a new road into Lot 12 to be located approx. 25m north of the existing driveway. No decision has been made on either to date.

Site Strategy and Urban Design Protocol

A draft Lot 12 Site Strategy and Urban Design Protocol, prepared in accordance with Resolution 20-304, is attached to this report. The intention of this document is to guide respondents to an EOI process, which will seek developers/partners who are able to achieve Council’s vision for the property.

The document sets out a strategy describing the vision for the site, key objectives and design outcomes sought, and sets out a range of guidelines that will shape urban design outcomes that fit with the vision.

Vision:

The vision is based on Council’s previous resolution (Res 20-304) for Lot 12 to be a mixed-use precinct that combines global innovation, entrepreneurship, creativity, research collaboration, cultural activity and nature’ with a TAFE Connected Learning Centre as anchor tenant.

Lot 12 a place to learn, collaborate, create, change and connect

Lot 12 is a place of innovation that:

· leads the way locally to inspire global solutions.

· is a catalyst precinct to support local ideas, creativity and initiatives.

· is supported by low carbon and climate resilient infrastructure, technology and systems.

· demonstrates excellence in urban design, governance and delivery models.

Desired Future Land Uses:

In accordance with previous resolutions, Council’s intention is for a TAFE NSW Connected Learning Centre (CLC) to be an anchor tenant for the precinct, establishing an educational/ research theme.

TAFE are proposing to lease a 3,500m² parcel within the site, with their preference to be located at the Bayshore Drive frontage.

In addition to the CLC, the desired land uses are creative and emerging digital industries, research and associated office/commercial space.

Stand-alone retail uses are not considered suitable for the precinct, nor are stand-alone residential or tourism uses.

Development Principles:

The attached Site Strategy and Urban Design Protocol sets out a range of key objectives, to guide those who might be interested in responding to an Expression of Interest for developing this site.

Productive

· Growth of technology-based and creative industries.

· Diverse and resilient employment community.

· Layered economy that includes large and small businesses, start-ups and supportive businesses such as cafés and service providers that create community and destinations.

· Focal point for development of industry clusters, including opportunity for collaboration between educational institutions and industry.

· Strong site brand focused on innovation and clean technology.

Active

· Vibrant, safe and integrated mixed use community with a diverse range of business and employment opportunities, focusing on creative industries, digital economy, education, research and training.

· Well connected community both internally (pedestrians, cycles and public transport) and to the surroundings (Byron Town Centre, Cavanbah Centre, rail, beach, etc.).

· Seamless management of the interfaces between adjacent land uses: a workable and consistent mix.

Sustainable

· Best practice sustainability at precinct and building site levels.

· High level of resource efficiency with great environmental outcomes and new business models utilising smart technology.

· Flexibility for adaption to changes in market conditions and technological advances.

· Minimisation of waste and maximisation of water and energy efficiency.

Place

· Distinctive, recognisable and marketable ‘sense of place’.

· A well-designed public realm that favours pedestrian use over vehicles and active transport links over private car use.

· An active public realm both during the day and at night.

· Built form and public realm that work together.

· Integrated and site-specific public art.

Part B of the document sets out urban design protocols addressing:

· Environmental performance;

· Access and movement;

· Public realm;

· Built form; and

· Infrastructure.

Expression of Interest:

The key objectives of the EOI would be to:

1. Deliver outcomes consistent with the Site Strategy and Urban Design Protocol; and

2. Do so in a way that is cost-neutral for Council (in terms of capital infrastructure costs).

In accordance with discussions at previous Strategic Planning Workshops, the EOI would request that interested parties describe their intentions for the development of the site, including its delivery.

The EOI will call for a site Structure Plan, to set out how the development ideas would be provided in a spatial sense, and a preliminary Delivery/ Governance Model, outlining how the parties would propose to work with Council to achieve the desired development.

In this regard, Council had previously expressed a preference to retain ownership/control over as much of the site as possible, as opposed to a sale of the entire property. It is anticipated, however, that the ‘up front’ infrastructure costs associated with servicing future development of the land will require sale of part of the land in order to achieve infrastructure at no cost to Council.

Next Steps:

Council’s Executive Team would act as a Steering Committee to oversee and direct the project, based on Council resolutions regarding the future of the site. A cross-disciplinary staff team would coordinate the day-to-day operations, finalising the EOI, establishing the evaluation plan and assessing the responses to the EOI.

To assist in the drafting of the EOI, it is recommended that Council engage a Probity Advisor to overview the process and provide input to the documentation.

It is also recommended that staff prepare material to inform the community of Council’s vision and the EOI process.

The indicative program for the EOI process is:

· Establish cross-divisional project team; obtain quote for probity services – underway;

· Prepare preliminary advertising/media information – underway;

· Finalise EOI and associated documentation – by 9 September (subject to Council resolution);

· Issue EOI (following Steering Committee review/ sign-off) – 14 September

· Briefing session for potential respondents – 18 September*

· EOI period close – 22 October

· Project team/Steering Committee evaluation – by 6 November

· Report to Council – 26 November

* it is recommended that TAFE be invited to take part in briefing session, to outline their needs/requirements

TAFE NSW has indicated that, in order to meet their desired timeframes, a firm decision is required by December 2020. The reporting of responses to the EOI to the Council meeting in November will allow Council to meet this timeframe.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.2	Provide essential services and reliable infrastructure which meet an acceptable community standard	1.2.6	Optimise Council’s property portfolio (SP)	1.2.6.1	Progress Lot 12 Bayshore Drive Byron Bay future use

Legal/Statutory/Policy Considerations

As discussed in the report.

Financial Considerations

The recently adopted budget includes an allocation of funds for this process, within the Planning Policy & Natural Environment budget, which will provide for the engagement of a Probity Advisor and community information.

Consultation and Engagement

A community information program will be prepared to advise the public of the project and its objectives.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.19

Report No. 13.19 Unauthorised Dwellings Policy

Directorate: Sustainable Environment and Economy

Report Author: Dylan Johnstone, Planner

File No: I2020/1139

Summary:

The purpose of this report is to seek Council support to publicly exhibit draft Byron Shire Unauthorised Dwellings Policy prepared in accordance with Resolution 20-283 adopted at the Planning Meeting held on 18 June 2020.

RECOMMENDATION:

1. That Council adopt the Draft Byron Shire Unauthorised Dwellings Policy in Attachment 1 (E2020/59113) and place the document on public exhibition for minimum a period of 28 days.

2. That following exhibition, Council receive a further report detailing submissions made. Should there be no submissions as of the close of the exhibition period, that Council adopt the Draft Byron Shire Unauthorised Dwellings Policy in Attachment 1 (E2020/59113).

Attachments:

1 Draft Unauthorised Dwellings Policy, E2020/59113

REPORT

Background

In response to Report 13.8 Planning Proposal 26.2019.11.1 - Lot 6 DP 8385 Yagers Lane, Skinners Shoot - Request for Dwelling Entitlement, at the Planning Meeting 18 June 2020, Council resolved (20-283):

1. “Proceed with option 1 to request the NSW Department of Planning, Industry and Environment to issue a Gateway determination for the planning proposal as contained in Attachment 1 (E2020/40745).

2. Agree that staff can proceed to obtain further studies from the applicant (if required by the Gateway determination), then undertake public exhibition of the planning proposal and government agency consultation based on the Gateway determination.

3. Request staff to prepare an Unauthorised Residential Accommodation Policy as a matter of priority to confirm the planning pathways and consequences for unauthorised residential accommodation seeking regularisation in Byron Shire, and that this be reported to the next available Planning meeting for consideration of public exhibition.

4. That in the meantime any planning proposal or development application lodged with Council for existing (as of 18 June 2020) unauthorised residential accommodation comply with the requirements of the Unauthorised Residential Accommodation Policy or for those applications lodged prior to the Policy being adopted the principles as presented in this report.

5. That a 15 month (from 18 June 2020) moratorium on enforcement action be granted to land owners with existing (as of 18 June 2020) unauthorised residential accommodation on their land that does not present unacceptable risk to human health or the environment, to enable them time to lodge a planning proposal and or development application to Council for assessment under the Unauthorised Residential Accommodation Policy as drafted / adopted at the time of lodgement.

6. Confirm that any unauthorised residential accommodation built after 18 June 2020 or existing unauthorised accommodation altered or added to after 18 June 2020 will be subject to Council’s Enforcement Policy as adopted.”

Staff have since enacted the resolution in full.

The planning proposal as per item 1 has been sent to the NSW Department of Planning, Industry and Environment and has received conditional gateway. The planning proposal will now proceed to public exhibition.

Staff have received multiple enquiries about planning pathways available to specific developments on land. Several of these will now proceed to planning proposal and development application stage; several remain the subject of enforcement action and orders.

In drafting the policy as per item 3, staff have now reconsidered use of the term “residential accommodation”. The preference for the policy name and content is now to be limited to dwellings, the original focus of the report 18 June.

Residential accommodation is defined by Byron LEP 2014 as follows:

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:

(a) attached dwellings,

(b) boarding houses,

(d) dwelling houses,

(e) group homes,

(f) hostels,

(g) multi dwelling housing,

(h) residential flat buildings,

(i) rural workers’ dwellings,

(j) secondary dwellings,

(k) semi-detached dwellings,

(l) seniors housing,

(m) shop top housing,

but does not include tourist and visitor accommodation or caravan parks.

This is a broad definition and there is the potential for landowners to argue that what is on their land is not being used as residential accommodation.

A dwelling is defined by Byron LEP 2014 as follows:

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

This definition is less open to interpretation and is therefore considered more appropriate to use for the purposes of this policy.

Draft Policy content

The objective of the policy is to clearly establish the planning pathways and consequences relating to unauthorised dwellings within the Shire. This will inform the community of the options available to them and assist staff in Council’s response to unauthorised dwellings.

The policy outlines three (3) planning pathways for unauthorised dwellings seeking regularisation:

Pathway 1 - Land has a Dwelling entitlement in accordance with Clause 4.2A of LEP 2014 or Clause 15 of LEP 1988 and contains:

· A single unapproved dwelling (or converted farm building), unapproved dual occupancy or secondary dwelling. For unapproved Multiple Occupancy or other residential accommodation refer to Pathway 2.

Requirements

· Where land has no significant natural constraints and the use is capable of approval and complies with LEP and DCP provisions:

· Development Application pathway subject to assessment of DA for land use, Section 68 application for onsite sewage management, Building Information Certificate for works completed.

· Payment of Section 7.11 contributions and any applicable Section 64 contributions.

Pathway 2 - Land does not have a Dwelling entitlement and contains:

· A single unapproved dwelling (or converted farm building), unapproved dual occupancy or secondary dwelling, Multiple Occupancy or other residential accommodation.

Requirements

· Land must meet strategic merit test for LEP amendment

· Planning proposal required to add permitted land use to the particular site in Schedule 1 of LEP 2014 or Schedule 7 of LEP 1988 (depending on the zoning of the land).

· Development Application pathway subject to assessment of DA for land use, Section 68 application for onsite sewage management, Building Information Certificate for works completed.

· Cost agreement under Voluntary Planning Agreement equivalent to Section 7.11 contributions and any applicable Section 64 contributions for each dwelling.

Pathway 3 - Land may or may not have a Dwelling entitlement and contains:

· A single unapproved dwelling (or converted farm building), unapproved dual occupancy or secondary dwelling, Multiple Occupancy or other residential accommodation.

· In circumstances where land does not meet strategic merit test for LEP amendment, does not have the ability to accommodate appropriate effluent disposal, non compliant with LEP and DCP provisions.

· Enforcement action as per Enforcement Policy 2016 to follow i.e. Orders to demolish/restore to previously approved use as appropriate. Orders may be subject to appeal in the Land and Environment Court.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

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

2.4

Enhance community safety and amenity while respecting our shared values

2.4.3

Enhance public safety, health and liveability through the use of council's regulatory controls and services

2.4.3.1

Monitor, investigate and resolve complaints in relation to community safety, land use and the environment

Community Objective 4: We manage growth and change responsibly

4.2

Support housing diversity in appropriate locations across the Shire

4.2.1

Establish planning mechanisms to support housing that meets the needs of our community

4.2.1.1

Finalise the Residential Strategy

Legal/Statutory/Policy Considerations

The relevant legal/statutory/policy considerations have been noted above.

Financial Considerations

The Policy provides a mechanism for Council to collect revenue associated with the processing of applications seeking approval for the use of existing unauthorised dwellings.

Consultation and Engagement

Council must give public notice of a draft Policy after it is prepared under Local Government Act 1993 – Section 160 Public notice and exhibition of draft local policy.

Under Local Government Act 1993 – Section 160 the period of public exhibition must be not less than 28 days.

It is recommended that Council adopt for public exhibition the attached draft Byron Shire Unauthorised Dwelling Policy and:

a) should no submissions be received, be determined as adopted from date that public exhibition closes.

b) should submissions be received that all submissions be reported back to Council.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.20

Report No. 13.20 Federal Village Project - Community Led Governance and Place Plan

Directorate: Sustainable Environment and Economy

Report Author: Shannon Burt, Director Sustainable Environment and Economy

Andrew FitzGibbon, Place Liaison Officer

File No: I2020/1175

Summary:

To seek Council endorsement of a community led plan process for the Federal village.

RECOMMENDATION:

That Council:

1. Endorse staff initiating work on a community led plan for the Federal Village.

2. Request staff to proceed with a community scoping meeting to be held during September/October, to explore the purpose and nature of the Federal Village plan and the process to prepare the plan.

3. Receive a further report on the outcomes of the community scoping meeting by or before the December meeting of Council.

REPORT

Council has previously led the development of masterplans for Mullumbimby, Bangalow and the Byron Arts and Industry Estate. Each of these plans had a different scope and project pathway.

The Place Planning Collective as recently established by Council is an innovative approach helping to oversee and implement actions from these plans.

The purpose of the Place Planning Collective is to:

· Collaborate with Council and contribute co-ordinated, community-led governance to Council’s place planning decision-making.

· Prioritise projects identified by communities within existing and future place plans in Byron Shire, and make recommendations to Council for their implementation.

https://www.byron.nsw.gov.au/Community/Place-planning/Place-Planning-Collective

The draft Operational Plan for 2020/21 includes an activity to investigate which location should be prioritised for the next masterplanning work program (refer item 4.1.1.6).

file://fapmho2/users$/sburt/Downloads/Operational-Plan-2020-21-as-adopted-by-Council-on-30-July-2020.pdf

Federal – Proposed Location

It is proposed that the Federal Village is the focus of the next masterplan (plan).

Federal is one of Byron Shire’s historic smaller villages (688 population ABS 2016). Working with a village like Federal would help to share the place planning work across different community types in Byron Shire. To date, we have focused mainly on larger towns and an arts/industry estate.

Federal has a number of current challenges, including movement conflicts (school bus, café/shop parking and pedestrians), increase visitation, and substantial development application activity (e.g. mixed use proposal on corner of Coachwood Court and Federal Drive).

Approach – Community Led Planning

It is proposed to facilitate a ‘community led’ plan for the Federal Village.

Community Led Planning is a collaborative process to improve social, economic and environmental wellbeing of a local area. Led by residents and other interest groups, agreement is reached on objectives, actions, delivery responsibility and time frames.

Community led planning can range from providing a park bench, to establishing a community garden on a vacant property, to producing a community led plan outlining the vision and actions to enhance the local shopping precinct.

Communities know what they need most and are capable of identifying, planning and delivering their own projects. Such projects can become a source of local identity and pride.

Community led plans are similar to Council led plans in that they have a vision, actions and implementation plan.

Council’s Place Activation Team would guide community leadership as necessary by providing a process framework, outcome/report templates and other targeted support as needed.

The aim is to establish a best practice model that fosters community leadership alongside Council support to ensure outcomes are based on a collective view and that identified actions are implementable.

The community led planning framework will be developed from best practice models such as those established in Christchurch City Council, New Zealand.

An example of a New Zealand community led plan is the Little River Big Ideas Plan:

https://ccc.govt.nz/assets/Documents/The-Council/Plans-Strategies-Policies-Bylaws/Plans/suburban-plans/16-1406147-Attachment-to-report-16-1245785-Title-Little-River-Big-Ideas-.pdf

Prepared through multiple consultation events, the community came together to express their issues, ideas, hopes, and vision.

A living document was developed, outlining several projects for the community to support and develop further, a guide to development, and information for external agencies to consider when working in the area.

The plan identifies multiple projects to give effect to the vision, and sets timeframes for these projects to be carried out.

Next steps

· Council endorse initiation of the Federal Village Plan – August 2020

· Staff convene a community scoping meeting for the Federal Village Plan – September/October 2020

· Staff report outcomes of the community scoping meeting – by or before December 2020

· Federal Village Plan prepared - January to June 2021

· Federal Village Plan reported to Council for adoption – June 2021

Figure: Aerial Image of Federal

Figure: LEP 2014 Zoning in Federal

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 4:

We manage growth and change responsibly

4.1

Support the visions and aspirations of local communities through place based planning and management

4.1.1

Develop, implement and update

Place Plans that promote place based forward planning

strategies and actions

4.1.1.6

Investigate priority needs for future masterplans

Legal/Statutory/Policy Considerations

Community led planning would be an evolution of the masterplanning process we have undertaken to date in Mullumbimby, Bangalow and the Byron Arts and Industry Estate.

If this approach is successful it could be used in other locations in Byron Shire.

Financial Considerations

A budget and staff resource allocation exists for FY20/21.

Consultation and Engagement

To be developed and reported to Council as part of the project scope and plan framework agreed to by the community.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.22

Report No. 13.22 Proposal to rename Granuaille Crescent Bangalow

Directorate: Infrastructure Services

Report Author: Deanna Savage, Roads and Property Officer

File No: I2020/21

Summary:

Council is seeking a resolution to move forward with the renaming of Granuaille Crescent on the southern side of Hinterland Way.

RECOMMENDATION:

1. That Council endorse the renaming of Granuaille Crescent on the Southern side of Hinterland Way.

2. That the endorsed name be submitted to the NSW Geographical Names Board for concurrence, advertising and Gazettal in accordance with regulation requirements.

3. That new street name signs be erected and funded from the General Fund for Sign Maintenance.

Attachments:

1 E2019 76133 PDF for Report Granuaille Crescent Bangalow naming irregularity NSW Ambulance redacted, E2020/57760

2 Full redacted submission list for report to Council renaming of Granuaille Crescent south of Hinterland Way Bangalow, E2020/57725

REPORT

Council has received correspondence from NSW Ambulance and two residents stating that there are ongoing issues with Emergency Services locating properties on Granuaille Crescent due to confusion with Granuaille Road. Attachment 1 E2020/57760.

As you can see in figure 1 below there are 12 parcels of land affected by the name change however 8 separate families as 1 family/company owns multiply parcels.

As the road authority we have an obligation to ensure public safety and service delivery, therefore, we have commenced the road renaming process to rename Granuaille Crescent.

Figure 1 – parcels of land addressed to Granuaille Crescent

Council advertised the renaming of Granuaille Crescent and called for submissions late in 2019. Discussions have also occurred with most of the land owners. An agreement has not been able to be reached on the name of choice for the renaming. Most residents want to keep Granuaille due to its history. Unless the Ambulance Service withdraw its submission the renaming must move forward.

A second submission period was given with Council suggesting Garvey Crescent after a known pioneer in the area. The area is surrounded by street names after Pioneers which is why Garvey Crescent was presented as an option. This name was not received well by the residents.

An aboriginal name, Pindari, was suggested in some of the recent submissions however in contacting the local Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) there is no connection to this particular area so we are unable to move forward with this name.

A number of suggestions were put forward by the residents affected and they were run past the Geographical Names Board (GNB) for eligibility. Submissions received: Attachment 2 E2020/57725

Name suggestions and submissions included the following:

1. Pindari Crescent – Rejected Arakwal

2. Bangalla Crescent – Would need concurrence with Bundjalung of Byron Bay Aboriginal Corporation

3. Sunset Crescent – Rejected GNB

4. Hill View Crescent – Rejected GNB

5. FigTree Crescent – Rejected GNB

6. Bella Vista – Rejected GNB

7. Ridgeback Crescent – Allowed GNB

8. Failte Crescent – Allowed GNB

9. Satinash Crescent - Allowed GNB

10. Curtain Fig Crescent - Allowed GNB

11. Garvey Crescent - Allowed GNB

12. White Wattle Crescent – Allowed GNB

Unfortunately most of the names suggested have been rejected by the GNB and Arakwal. Number 9 an 10 are the names that have been discussed and put forward as most likely candidates with both equally highlighted by just 3 residents.

Financial Implications

Once the street name has been determined the funds for the erection of the signs will be from the General Fund for Sign Maintenance.

Statutory and Policy Compliance Implications

Byron Shire Council Street Name Register.

Council is able to name roads in accordance with the authority provided in Part 10, Division 4, Section 162 of the Roads Act 1993.

The procedure of naming roads, is dictated by Sections 7 to 10 within Part 2, Division 7 of the Roads Regulation 2008, which is available in detail at:

https://www.legislation.nsw.gov.au/#/view/subordleg/2008/156

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action		L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.1	Provide a road network which is safe, accessible and maintained to an acceptable level of service	1.1.1		Deliver road and drainage maintenance services in line with Community Solutions Panel values (SP)	1.1.1.2	Implement ongoing road planned maintenance programs

Legal/Statutory/Policy Considerations

· Council is the authority to name this road and has done so in line with the below regulations:

· Road Regulations 2018 - Part 2 - Division 1 - Section 7 – Procedure for naming roads

· Roads Act 1993 - Division 4 - Section 162 - Naming of public roads

· NSW Addressing User Manual - 6.7 Principles of Road naming - 7 Addressing Procedures

· Council Policy No.07/102 – Tourist, Street Name, Community Facility and Service Signs – Section 4.2f

Financial Considerations

Council will be required to pay for amendments to street name signage from the existing budget - approximately $200.

Consultation and Engagement

The adjoining land owners and the general public have been consulted and provided comment and submissions.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.23

Report No. 13.23 Proposed Road Closure and Sale of Road Reserve adjoining 140 & 158 Skinners Shoot Road Lots 199 & 200 DP 755695

Directorate: Infrastructure Services

Report Author: Deanna Savage, Roads and Property Officer

File No: I2020/924

Summary:

This report is being presented to Council to endorse the closure of Council road reserve adjoining 140 and 158 Skinners Shoot Road, Byron Bay (Lots 199 & 200 DP 755695) highlighted in blue Image 1.

Crown Lands determined the road/land will vest in Council upon closure.

It is proposed to sell the land to the adjoining land owners of Lots 199 & 200 DP 755695. The land size is approximately 5,751m2 for proposed Lot 1 and 5681m2 for proposed Lot 2.

RECOMMENDATION:

1. That Council endorse the closure of road reserve adjoining Lots 199 & 200 DP 755695, as per Image 1 of this report.

2. That Council ascertain market value by engaging a suitably qualified Valuer and delegate to the General Manager the authority to enter into a contract for sale of the closed road with the owners of adjoining Lots 199 & 200 DP 755695 at a value no less than the value placed on the closed road by the independent Valuer.

3. That the applicants pay all costs associated with the road closure, including but not limited to:

a) Council application fees

b) Council’s surveyor's fees and survey, valuation and legal costs

c) All registration fees

d) Legal costs

4. The allotment created by the part road closure to be consolidated into the existing Parcel No 122530 Lot 199 DP 755695 and Parcel No 122540 Lot 200 DP 755695 in accordance with the attached plan (Attachment 2 E2020/57638).

5. That Council authorise the execution of all documents necessary to affect the road closure, sale, transfer and consolidation of the closed road.

Attachments:

1 PDF version of email initiating road closure and sale of road reserve adjoining 140 and 150 Skinners Shoot Road, E2020/57633

2 Plan of road separation Lots 199 & 200 DP 755695 Skinners Shoot Road, E2020/57638

3 Submissions for proposed road closure and sale adjoining Lots 199 & 200 DP 755695 Skinners Shoot Road, E2020/57655

4 Council road closure proposal - adjoining Lots 199 & 200 DP 755695 Skinners Shoot Road Crown Lands Response Land to Vest in Council, E2020/57662

REPORT

This closure has been instigated by Northern Rivers Land Solutions on behalf of his client’s owners of Lots 199 & 200 DP 755695.

Section to be closed below on Image 1 highlighted in blue.

Image 1

Locality Plan – Image 2

Road closure application

An application was received from Northern Rivers Land Solutions (Attachment 1 – E2020/57633), on behalf of the owners of Lots 199 & 200 DP 755695, requesting the closure and purchase of Council road reserve, highlighted in blue Image 1. Attachment 2 E2020/57638 shows how the closed road will be divided/sold between the 2 adjoining land owners.

Staff accepted the application as per the New Process for Road Closures and the Roads Act 1993 Part 4 Closing of public roads, Division 3 Closing of council public roads by councils 38A, when council may close council public road.

The closure was advertised in the Byron Echo on 22/04/2020. Letters were sent out to all adjoining land owners, Crown Lands and all Notifiable Authorities as per the Roads Act 1993.

A 28 day submission period was given with no submissions of objection by authorities, adjoining land owners or members of the public being received. Attachment 3 E2020/57655 shows all submissions received.

Crown Lands have notified Council that once the road has been closed the land will vest in Council (Attachment 4 E2020/57662) and negotiations for the sale can move forward with the adjoining land owners.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

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

1.1

Provide a road network which is safe, accessible and maintained to an acceptable level of service

1.1.1

Deliver road and drainage maintenance services in line with Community Solutions Panel values (SP)

1.1.1.2

Implement ongoing road planned maintenance programs

Legal/Statutory/Policy Considerations

Roads Act 1993

Part 4 Closing of public roads

Division 3 Closing of council public roads by councils

38A When council may close council public road

A council may propose the closure of a council public road for which it is the roads authority if:

(a) the road is not reasonably required as a road for public use (whether for present or future needs), and

(b) the road is not required to provide continuity for an existing road network, and

(c) if the road provides a means of vehicular access to particular land, another public road provide lawful and reasonably practicable vehicular access to that land.

38B Notification of proposal to close council public road

(1) A council that is proposing to close a council public road must cause notice of the proposal:

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

(b) to be given to:

(i) all owners of land adjoining the road, and

(ii) all notifiable authorities, and

(iii) any other person (or class of person) prescribed by the regulations.

(2) The notice:

(a) must identify the road that is proposed to be closed, and

(b) must state that any person is entitled to make submissions to the council with respect to the closing of the road, and

(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

38C Public submissions and formal objections

(1) Any person may make submissions to the council with respect to the closing of the road in the manner and within the period specified in the notice published under section 38B.

(2) Without limiting subsection (1), a notifiable authority in relation to the road may include a

statement in the authority’s submission to the effect that the authority formally objects to the

closing of the road. The authority may withdraw the objection any time by written notice given

to the council.

Note.

If a formal objection is made, section 38D (2) provides that the road may not be closed until the

objection is withdrawn by the authority or set aside by the Land and Environment Court under this section.

(3) The council may appeal to the Land and Environment Court against a formal objection made by a notifiable authority against the closing of the road.

(4) On any such appeal, the Land and Environment Court may:

(a) affirm the objection, or

(b) set aside the objection.

(5) In deciding whether to affirm or set aside the objection, the Land and Environment Court must have regard to the public interest.

38D Decision of proposal

(1) After considering any submissions that have been duly made with respect to the proposal, the

council may, by notice published in the Gazette, close the public road concerned.

(2) However, a council public road may not be closed:

(a) in the case of a classified road—unless RMS consents to the closure of the road, or

(b) in the case where a notifiable authority has formally objected under section 38C to the

closing of the road—until the objection is withdrawn by the authority or set aside by the

Land and Environment Court under that section.

38E Effect of notice of closure

(1) On publication of the notice closing the council public road concerned:

(a) the road ceases to be a public road, and

(b) the rights of passage and access that previously existed in relation to the road are

extinguished.

(2) The land comprising a former road:

(a) in the case of a public road that was previously vested in a council (other than a public road in respect of which no construction has ever taken place)—remains vested in the council, and

(b) in any other case—becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land.

38F Appeals to Land and Environment Court against closure decision

(1) A person referred to in section 38B (1) (b) may appeal to the Land and Environment Court against the closure of a council public road by a council.

(2) On any such appeal, the Land and Environment Court may:

(a) affirm the closure, or

(b) set aside the closure.

(3) Section 38E is taken never to have applied to a closure that is set aside.

(4) To avoid doubt, an appeal under section 38C does not prevent an appeal under this section.

SECT 43 Disposal of land comprising former public road owned by council

(1) This section applies to land vested in a council and forming part of a former public road.

(2) Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land.

(3) If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.

(4) Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

Financial Considerations

All costs associated with the road closure are borne by the applicant.

As per Roads Act 1993 legislation above the money received by council from the proceeds of sale of this land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

Consultation and Engagement

As per the Roads Act 1993 requirements, the necessary notices and submissions period was undertaken and no objections were received.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.24

Report No. 13.24 Proposed lease to Brunswick Heads Surf Life Saving Club for redevelopment of the surf club

Directorate: Infrastructure Services

Report Author: Emma Lappin, Faclilties Coordinator

File No: I2020/1074

Summary:

The Brunswick Heads Surf Life Saving Club (BHSLSC) is seeking a new lease that will facilitate redevelopment of the Surf Club at 45 South Beach Road, Brunswick Heads.

The proposed building footprint would be larger and a new lease is required.

Under the new Crown Lands Management Act, Council is responsible for issuing leases on this Reserve but Minister’s Consent is required.

Staff are supportive of the Surf Club request and recommend a new lease allowing redevelopment be issued on certain terms and conditions outlined in this report.

RECOMMENDATION:

1. That if discussion of matters contained in Confidential Attachment 1 is required, it is recommended that:

a) Pursuant to Section 10A(2)(c) and 10A(2)(g) of the Local Government Act, 1993, Council resolve to move into Confidential Session to discuss that part of this report.

b) That the reasons for closing the meeting to the public to consider information contained in the confidential attachment are that it contains legal advice that would otherwise be privileged from production on the ground of legal professional privilege and it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting, or proposed to conduct, business.

c) That on balance it is considered that receipt and discussion of the information contained in Confidential Attachment 1 in open Council would be contrary to the public interest, as it contains privileged legal advice and commercial information that could if disclosed cause potential risk and disadvantage to Council or other parties that Council proposes to conduct business with.

2. That Council as the Crown Land Manager for Reserve R97139 authorise a lease to the Brunswick Surf Life Saving Club Incorporated for the redeveloped premises for:

a) a maximum term of 5 years;

b) at a starting annual rental $3,000 p.a. with conditions permitting works approved by development consent 10.2018.486, as modified; and

c) subject to finalisation of other terms and conditions and Minister’s consent.

3. That Council as the Crown Land Manager for Reserve R97139 delegate to the General Manager authority to:

a) settle the final terms and conditions of the lease, other than the matters set out in 2(a), (b) and (c) above, to meet the requirements of Council and Department of Planning Industry and Environment – Crown Lands or arising from discussions with Native Title Interest owners;

b) forward the lease to the Department of Planning, Industry and Environment for public exhibition and Minister’s Consent; and

c) enter into a lease as authorised by the Minister.

4. That Council support car parking to be located within the Council Road Reserve, rather than on the Crown Public Recreation Reserve, subject to finalisation of the terms of the service agreement and the fee for service payable to Council by Brunswick Surf Life Saving Club towards upgrade of adjacent road reserve.

5. That Council note that Council is committed to continuing discussions with Native Title Interest owners in relation to this and other Crown Reserves in the Shire.

Attachments:

1 Confidential - Confidential and Privileged - Legal Advice, E2020/63996

2 Brunswick Surf Club Plan -Map Aug 2020, E2020/60380

3 Draft Lease to Brunswick Surf Life Saving Club 5-yrs, E2020/50364

REPORT

Background

The benefits to Brunswick Heads and the Shire provided by the Brunswick Heads Surf Club operations are considerable and staff acknowledges the great work and significant contribution of the Surf Club, its officers, members and volunteers.

The redeveloped Surf Club will remain a public asset and staff supports the upgrades to the Surf Club building to bring them up to a modern standard and allow for the Club to continue to support their community.

The Surf Club has been in the current location at South Beach Road, Brunswick Heads since 1939. In June 2018, the Surf Club was granted a 20-year lease for the existing building.

In September 2018, the Surf Club lodged DA 10.2018.486.1 for redevelopment, including demolition of the existing building and construction of a new, larger surf club containing training rooms, storage areas, canteen, amenities and foyer at ground level and an additional training room, bar areas, kitchen, amenities, storage areas, cool rooms, function area and deck areas within the upper level. The Department of Planning, Industry and Environment – Crown Lands (DPIE-CL) issued owners consent to the lodgement of a development application for the first version of the redevelopment plans.

After consideration at two Council meetings, Council resolved to grant approval to DA 10.2018.486.1 subject to a range of usual conditions. Under both the development consent and the Crown Lands Management Act, the Surf Club is required to obtain a new lease for the larger premises prior to construction commencing.

The Surf Club has obtained NSW Government grant funding of $3,800,000 towards this project. A funding agreement has been signed by the Surf Club that contains milestones and timeframes. It may become necessary for the Surf Club to seek to vary some of the milestones because of the requirement to obtain Minister’s Consent to the new lease. Staff have offered Council’s support in liaising with the funding body to ensure the variations occur.

There have been two significant changes since the last lease was issued to the Club and DPIE-CL gave their consent as land owner to the lodgement of the development application:

1. Commencement of the new Crown Lands Management Act.

This now requires Council to issue leases of this nature and imposes new responsibilities and obligations on Council that previously would have rested with DPIE-CL.

2. Bundjalung of Byron Bay – Arakwal People Native Title Consent Determination made by the Federal Court on 30 April 2019.

The determination recognised the Bundjalung of Byron Bay -Arakwal People’s rights and interests in this Crown Reserve and others in Byron Shire. The determination maintained the current land-use status quo as the Bundjalung of Byron Bay - Arakwal People have always held rights and interests in this reserve.

These two changes have resulted in Council having new responsibilities and processes it is required to follow before issuing leases like this one (see ‘Process’ section below).

In addition to the lease process, the Surf Club has identified a number of modifications they need to make to the plans to comply with development consent conditions and building code requirements. In addition, Open Space and Resource Recovery staff, have reviewed the redevelopment from the point of view of meeting public land management statutory and policy requirements, have suggested some changes to the plans, to provide for waste and recycling management and to minimise impacts on the Crown Reserve. The Surf Club have taken these on board.

The Surf Club recently lodged an s4.55 Modification Application which is being assessed by Council Sustainable Development Team staff. DPIE-Crown Lands have advised that their further consent as owner of the land is required. When the Club obtains that owner’s consent from DPIE-CL, the assessment can be completed and the modification application will either be reported to Council for determination or determined under delegation, depending on the decision of the Planning Review Committee.

Proposed Lease

Crown Reserve R97139 is gazetted for the purposes of Public Recreation. Operation of Surf Life Saving services is consistent with the purpose of the reserve, as confirmed by previous leases on this Reserve issued by DPIE-CL with Minister’s Consent to the Brunswick Heads Surf Club.

Reserve R97139 has been classified as Community Land and this part of the reserve has been categorised as General Community Use. The core objectives for management of General Community Use lands are to “promote, encourage and … to provide facilities on the land, to meet the current and future needs of the local community and … wider public”. Providing facilities to support volunteer surf life saving services in Brunswick Heads appears consistent with those core objectives.

A Plan of Management is currently being prepared for Reserve R97139. Once Minister’s Consent is granted to the Plan of Management, it will set out from that point forward the uses and activities authorised on the reserve. In the meantime, until community consultation has occurred, Council’s ability to authorise new works or leases is limited to those that do not “change the nature or use of the land”.

The Surf Club has a ‘premises lease’ for the existing building and a new lease will be required for the larger building footprint as well as to give authorisation for the construction works. A Plan of Management, supported by community that authorises uses and long-term leases should be in place prior to the issue of long-term leases. Staff recommend a 5-year lease given that the building remains a public asset, not issuing a lease would jeopardise significant grant funding that would benefit the community and there is broad community support for the Surf Club and community contributions they make.

Under the old Crown Lands Management legislation, NSW Government and Surf Life Saving NSW had reached an agreement whereby Surf Clubs would receive 20-year leases in a particular template form. However, that not yet been carried forward under the new legislation and a blanket automatic 20-lease would now inconsistent with other requirements under the Crown Lands Management and Native Title Acts.

A draft lease has been prepared by staff at Attachment 2. Some additional drafting is required to include provisions to authorise and manage the proposed construction works, addressing things like Work Health Safety and public safety during works, ensuring tradespeople are licensed work is completed to a reasonable standard to Council’s satisfaction etc. As a revised template for surf club leases under the new legislation is not yet available, the draft has been based on the old template, with recommended site/matter-specific changes, including the 5-year term. The process of seeking Minister’s consent will determine whether any additional changes are required by DPIE-CL.

The site/matter specific conditions staff recommend and reasons, are:

1. Lease Length – 5 years

Staff cannot recommend a lease to the Surf Club longer than 5-years for following reasons:

A. Consultation needs to occur before any new long-term lease arrangements are put in place including with:

a) Bundjalung of Byron Bay (Arakwal) Corporation representing owners of Native Title rights and interests;

b) Community on the draft Plan of Management for the Reserve; and

c) DPIE-CL as owner of the reserve.

The proposed 5-year lease term will allow for consultation to occur and for Council to take into consideration the submissions and feedback before making decisions on long-term uses on the entire Reserve.

B. Better understanding new risk to Council

Council needs time to resolve the matters set out in Confidential Attachment 1 that arise from the new obligations imposed on local government under the Crown Lands Management Act. They have the potential to have risk and financial implications for Council and/or state government.

Staff do not recommend a 20-year lease in circumstances where the level of potential risk and cost to Council is currently uncertain. However, rather than blocking the project from going ahead (which would mean the grant funding would be lost to community), staff are recommending an approach which would see Council minimise risk by limiting it to the recommended 5-year lease period, which will allow Council time to clarify issues with DPIE-CL and have certainty before long-term risk is accepted by Council.

C. Establishment of the uses of the expanded premises

Some community submissions received during the development application process raised concerns about potential amenity impacts operation of the expanded Surf Club premises might have on Brunswick Heads. Starting with a 5-year lease, will allow the community to be satisfied that the operation of the Surf Club will not impact amenity and will provide even more benefit to the community before long-term arrangements are put in place.

D. An even shorter lease 3-years, would be the most cost effective at this time for Council, as it would not require registration and involves lower risk. However, staff reviewed their recommendation up from 3-years to 5 years in recognition that 5-years is the common length used in the Local Government Act to distinguish short-term from other leases, it gives more certainty to the Surf Club and provides a pragmatic timeframe in which to undertake the required consultation.

2. Rent

Under the former arrangements between DPIE-Crown Lands and Surf Life Saving NSW, surf clubs were charged only minimum crown rent for leases on Crown Reserves. The Annual value of minimum crown rent is set by clause 38(1) of the Crown Land Management Regulation 2018 and it is currently $496 pa.

With the responsibility shifting under the new legislation, Council will need a holistic review of application of minimum crown rent on all Crown Reserves across the Byron Shire. Until that occurs, to address some of the new responsibilities falling to Council, staff are recommending an annual rental of $3,000. Staff have not had an opportunity to discuss this recommendation with the Brunswick Heads Surf Club between receiving advice and writing this report. Staff will raise it with the Club prior to the meeting and have already encouraged them to make submissions to Councillors or at the meeting as required.

3. Respecting Bundjalung of Byron Bay - Arakwal People, Indigenous cultural heritage and native title rights and interests

This reserve is a culturally significant area to Bundjalung of Byron Bay - Arakwal people and Council acknowledges the native title rights and interests held by the Bundjalung of Byron Bay Aboriginal Corporation, Arakwal (BoBBAC). Council will work with the BoBBAC and DPIE-Crown Lands, and go through the formal processes under the Native Title Act for the proposed 5-year lease, but in the meantime the Board has made some suggestions which staff support being included in the lease: including:

a) That Surf Club Board Members undergo cultural awareness program facilitated by the BoBBAC, the same type of program that Council’s Executive Team members have undertaken and that has been extended to Councillors. More information can be found on the Arakwal’s People of Byron Bay’s website, showing that the programs are about learning together, supporting Arakwal values of Knowing Country, Respecting Council and Caring for Country, and is focused on transfer of knowledge and practical learning for Arakwal people and the for the wider community.

b) That Indigenous Cultural Heritage due diligence requirements under the National Parks and Wildlife Act be supported by the Surf Club having a BoBBAC-nominated cultural heritage monitor working with them during the redevelopment.

c) That the Brunswick Heads Surf Club provide an annual Arakwal Family Christmas Day in the form of ‘nippers day’ surf club activities.

d) That BoBBAC and its members have access to and use of the function facilities twice per year at no cost.

4. Other matters

a) Hours of operation

It is common for Council as land owner or manager to seek to regular hours of operation in the public interest and it is recommended, for this initial 5-year lease that use of the function and training rooms and kitchen, bar and deck areas in the premises be limited to:

- 9am to 10pm Sunday to Thursday; and

- 9am to 11:30pm Friday and Saturday.

The times restrictions are the same as were imposed by Council as consent authority on the development consent but the areas within the building it applies are recommended to also include the bar and external deck areas which were not covered by the development consent conditions.

b) No Liquor License can be applied for by the lessee without prior written consent of Council, the same as applies to other leased Council owned/managed premises.

Staff have discussed these matters, with the exception of the annual rent amount which staff have not had an opportunity to raise with them before the due date for his report. For all the other matters, the Surf Club representatives were supportive except that do not support a 5-year lease and request a 20-year lease instead.

Proposed changes to the Surf Club redevelopment

When Council first considered the DA for the redevelopment of the Surf Club, a number of changes were suggested by community members and/or Councillors. The DA was deferred and the Club adopted a number of those suggestions in their revised plans that were reported to Council in August 2019.

Some changes were intended to improve environmental outcomes, such as underground stormwater tanks, or enhance the adjoining public space, such as a new retaining wall for the pedestrian walkway to the south. On review, however, those suggestions while achieving good environmental or community outcomes were considered in isolation without taking into account the potential inadvertent social impacts on the broader reserve, indigenous cultural heritage and native title right and interests or financial imposts on Council.

Taking a quadruple bottom-line approach, staff recommend some of those previous changes be wound-back or modified including:

· Reconsideration of underground water tanks. The significant excavation required to install the proposed underground water tanks risks potential harm to Indigenous cultural heritage on this site. Water storage and reuse would be a ‘nice to have’, to reduce potable water consumption, but stormwater management can occur through land-based infiltration instead. The reduction in environmental benefits from removing the stormwater storage component could be offset by installation of additional solar instead, to further reduce grid-electricity use. The Surf Club have agreed in-principle with installation of additional solar to the same value as the underground tanks, if the tanks are no longer required by Council.

· Reduction of the hardstand footprint area. A 5m concrete apron around on the beach-side of the building was included. In discussions with the Club this has reduced to a 5m equipment staging area outside of the internal storage, 1.8m outside the change rooms and zero concrete/retention of permeable surface outside the rest of the building, including along the emergency/beach vehicle access. This will decrease environmental impacts by reducing non-permeable surfaces and decreasing the footprint size will reduce impacts on the broader reserve and Native Title rights and interests.

· Staff have requested the Surf Club to relocate their waste management area to within or adjoining the building footprint rather than be located on another part of the reserve to reduce impacts on the public use of the adjoining area and on Native Title rights and interests and reduce risks of unauthorised dumping and littering.

· Car parking. The Development application included a condition for 26 car parks. Council as Crown Land Manager and as owner of the adjoining road reserve need to decide where that car parking is to go and when. Council has a number of options, two of which are to:

(a) Allow the Surf Club to construct car parking on the Crown Reserve in the vicinity of the Club. Car parking would be consistent with the gazetted reserve purpose, by supporting public recreation uses of the reserve, however, depending on the scale it could change the nature and use of the reserve meaning it may not be able to proceed until it is authorised by a Plan of Management. In addition, construction of new parking areas on the Reserve could create an additional responsibility and cost to Council. For these reasons, staff do not recommend construction of car parking in the reserve at this time.

(b) Accept payment to Council of a fee for service as a contribution towards upgrade of car parking in the road reserve adjacent to the Surf Club. Some funds have already been allocated to upgrading South Beach Road and various design options are under development. The Surf Club has confirmed they would be willing to enter into an agreement to pay Council a contribution of $100,000. Given that the Surf Club building will remain a public asset, car parking for it can be accommodated within the road reserve. In future, if additional parking is required in the area, subject to consultation with community, Native Title rights and interest’s owners and Crown Lands, it could be considered on the Crown reserve or nearby Council-owned property.

These suggestions have been taken on board by the Surf Club who have given in principle support for incorporating them into their modification application, subject to Council and DPIE-Crown Lands’ views.

In addition, as recently as 5 August 2020 the Surf Club and their consultants have raised additional issues such as new proposals for grease traps on the beach side of the building which have not been assessed for impacts and staff have not yet clarified arrangements for continuing beach vehicle access – refer to attached overlay. Staff will continue to work with the Surf Club on these matters and either address through the lease or licence processes or make submissions and request consideration through the s4.55 modification application process.

Lease Process

The guidance provided to councils under the new CLM Act contained in factsheets is high level – Council Crown Land Manager Fact Sheet. Staff have engaged with DPIE-CL North Coast office, who have advised:

1. DPIE-CL’s consent as owner of the land will be required to the revised plans, before Council can determine the s4.55 modification application. The Surf Club will need to liaise directly with DPIE-CL to obtain owner’s consent. Staff are supporting this process.

2. Council is required to undertake a Native Title Assessment which will determine whether the proposed lease can be validated under the Native Title Act and, if so, what notification processes and timeframes (usually a minimum of four weeks) are triggered. This work is currently underway.

3. Minister’s Consent to the lease will be required. Council will need to provide a range of information to support the application for Minister’s Consent for example:

- demonstration that the proposed lease is in the public interest;

- explanation for the proposed term and annual rent;

- evidence of compliance with process requirements;

- a completed Community Engagement Strategy B3 Crown Lands Leases Engagement Assessment.

Staff are currently working through the full list of requested information.

4. DPIE-CL will consider the lease request, they advise in around three weeks, and if they give it in-principle support, DPIE-CL will publically exhibit (usually at least four weeks but could be longer) and seek comment on the proposed lease.

5. After public exhibition, DPIE-Cl will consider Minister’s Consent, which they advise would take at least two weeks but in could be longer.

6. Council could be requested/directed to make changes to the proposed lease before in-principle support is given, following public exhibition or as a condition of Minister’s Consent. If the required changes are minor and administrative they could be made by staff under delegation, if Council adopts that recommendation, but if they are considered significant or not supported by stakeholders they would be reported back to Council.

The lease process is going to take time which was not factored in to the redevelopment project. Staff have made enquiries with DPIE-CL whether there were other processes available, such a short term construction licence similar to what was issued to Woolgoolga Surf Club. However, DPIE-CL have provided final advice that the only process available for the Brunswick Heads Surf Club is a new lease issued by Council with Minister’s Consent.

In addition to the lease, the Surf Club will require temporary licences during the construction periods to firstly set up alternative surf club storage and operations areas (which will be in the form of shipping containers and a shade area on the beach-side of the existing building, along with running utility services to that area) and to enclose the construction site to protect public safety. Separate applications will need to be made by the Club to Council as Crown Land Manager for these licences. That process has not commenced yet.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.2	Provide essential services and reliable infrastructure which meet an acceptable community standard	1.2.8	Develop capital upgrades, renewal and enhancements works program for buildings- including community buildings, public toilets, emergency services, sports club facilities and Council operations buildings (SP)	2.3.8.1	Consult with user groups to establish user agreements, leases, licenses and Plans of Management.

Legal/Statutory/Policy Considerations

In this matter, Council has multiple obligations and has to comply with the requirements of:

1. Local Government Act 1993 (NSW) – with regard to management of Community Land categorised as General Community Use.

2. Crown Lands Management Act – as Crown Land Manager 2016 (NSW), Council is responsible for ensuring all aspects of the lease and development of reserve R97139 are compliant.

3. Native Title Act 1993 (Cth) – with regard to ensuring that any act by Council, including issuing leases, can be validated, the correct processes are followed and if required compensation may become payable by NSW Government and/or Council.

Legal advice that is confidential and privileged is included at Confidential Attachment 1 which also contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting, or proposed to conduct, business.

Policy 2012/008 – Section 356 Donations Rates, Water and Sewerage Charges applies to the recommended lease term that Council meet the costs of the rates and fixed charges as a donation to the Surf Club for a 5-year lease.

Financial Considerations

Financial considerations include:

a) The matters addressed by the privileged legal advice and included in Confidential Attachment 1.

b) Whether to enter into a agreement with the Surf Club for payment $100,000 as a contribution towards the upgrade of the road and car parking in the vicinity of the Club, in place of construction of car parking on the reserve. If additional car parking becomes required in future, other than because of further redevelopment, Council would be responsible for providing it.

c) The recommended continuation, for a short-term lease, of payment by Council of the rates, as a s365 donation and fixed charges to the Surf Club. In 2020/2021 this will amount to $2,295 funded from “Facilities Management Program” budget.

d) The rent amount to be paid by the Surf Club under the lease.

Consultation and Engagement

The DPIE-Crown Lands Community Engagement Strategy now sets out the requirements for engagement about activities on Crown Reserves, including issuing leases. DPIE-CL have directed Council to provide a B3 – Crown Lands Leases Engagement Assessment. Using that tool, the staff assessment of a proposed 5-year lease results in a ‘minimum’ to ‘moderate’ rating - which requires advertising for a minimum of 28 days and potentially calling for public submissions. A 20-year lease would likely result in a higher rating, requiring additional consultation time and activities.

DPIE-CL will rely on their own assessment and ultimately determine what level/type of community engagement is applied.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.25

Report No. 13.25 Bus Shelter & Bus Stop Strategic Planning

Directorate: Infrastructure Services

Report Author: Katie Hughes, Project Engineer

File No: I2020/1080

Summary:

This report relates to actions Council are required to take detailed within the Disability Standards for Accessible Public Transport guidelines under The Disability Discrimination Act 1992.

All existing and new bus stops are required by law to comply with accessibility requirements by 31 December 2022. To date Council has upgraded 14 shelters and has a remaining 26 shelters that may need to be upgraded. There are also a further 32 known bus stops that may require upgrades to meet accessibility requirements.

The upgrades will likely cost in the order of $1,500,000, however, this is a preliminary estimate based on limited information and further investigation is required to determine the scope and costs of the program.

Council staff are also aware of three existing non compliant bus shelters that have been constructed by the community in council road reserves that have personal significance to several community members. The shelters have been assessed by Council Assets teams and have been determined to be in very poor condition. The shelters are considered to be a safety and liability issue and would require reconstruction to be compliant with accessibility codes. Several local residents have expressed opposition to the removal and replacement of these shelters and have expressed interest in maintaining the shelters themselves.

RECOMMENDATIONS:

That Council:

1. Identifies a funding source to fund the preparation of the delivery program and investigate projects funding opportunities for consideration at the September quarterly budget review.

2. Subject to funding availability in 1), develop a program to replace or upgrade all bus shelter and bus stops to meet Disability Standards for Accessible Public Transport requirements by 31^st December 2022.

3. Undertake further investigations including a “Have your say” process and targeted consultation to determine bus shelter and bus stops needs prior to confirming scope and costs of the program.

4. Report the proposed delivery program, costs and funding options back to Council upon completion.

5. Advertise for expressions of interest for a group that are able to meet requirements to manage and ensure compliance of the bus shelters at Huonbrook, Main Arm and Montecolum on Council’s behalf.

Attachments:

1 Australian Human Rights Commission accessible bus stops guidelines, E2020/60398

2 Bus Stop List - August 2020, E2020/60399

REPORT

Disability Standards for Accessible Public Transport (DSAPT) guidelines (See attachment 1) require that all bus stops comply with accessibility standards by the end of December 2022. This includes all stops used for public service transport such as school and public bus stops. To date council has recorded 40 bus stops with shelters and a further 32 bus stops without shelters, however, further investigation is required to identify any bus stops not shown on current mapping and any shelter or stops that may no longer be used.

Council has upgraded 14 of its 40 bus shelters in the 2019/2020 financial year. The project was joint funded between Council and Transport for NSW (TfNSW) under the CPTIGS scheme. The CPTIGS scheme contributed $10,000 per shelter at a total of $140,000 with Council contributing the balance of costs from developer contribution funds.

The program of works for the upgrades targeted shelters in the worst condition as determined from Council’s assets team condition assessment reports, consultation with local residents and bus companies in order to manage Council’s liability risks and to improver user safety.

Projects completed to date and approximate construction costs for each upgrade are provided below noting that some works are common to all upgrades and as such the cost value is an approximation from the overall single budget allocation.

Clifford Street, Suffolk Park	$ 28,000
Palm Valley Drive, Byron Bay	$ 35,000
Broken Head Road (North) Suffolk Park	$ 57,000
Fowlers Lane, Bangalow	$ 40,000
Midgen Flat Road, Broken Head	$ 44,000
Bangalow Road, Byron Bay	$ 47,000
Browning Lane, Yelgun	$ 29,000
Tweed Street, Brunswick Heads	$ 78,000
Broken Head Road (South) Suffolk Park	$ 64,000
Goonengerry Rd, Goonengerry	$ 47,000
Beech Drive Suffolk Park	$ 51,000
McGettigans Lane, Ewingsdale	$ 43,000
Shara Boulevard, Ocean Shores	$ 43,000
Beach Avenue, South Golden Beach	$ 59,000

All upgrades went through a detailed site assessment, design and environmental assessment process along with variable levels of community engagement dependant on location.

All remaining 26 bus shelters and likely all 32 bus stops require some form of upgrades to meet accessibility requirements. A desk top audit using google street view was used to complete an initial assessment of shelters and stops. A list of these is provided at attachment 2.

The upgrades will likely cost in the order of $1,500,000, however, this is a preliminary estimate based on limited information and further investigation is required to confirm the scope and costs of the program.

Further clarity is also required from the Australian Human Rights Commission as to whether accessible bus stops are required for unofficial school bus stops located through out residential and rural areas in the shire.

Council does not currently have any funding allocated in financial year 2020/21 to complete these upgrades or assess the work required to meet the DSAPT guidelines. Council may apply for an extension on the December 2022 deadline should it encounter justifiable hardship to meet the deadline and would require a schedule to complete all bus shelters.

It is also noted that the Byron Bus Interchange is undergoing upgrades as part of separate project and the Federal Bus Stop will be assessed as part of a proposed Master Plan project.

Other Non-compliant Shelters

Council staff are aware of three existing non compliant bus shelters that have been constructed by the community in Council road reserves that have personal significance to several community members.

Replacement of two of these shelters was planned and funded in 2019/20, however, resident concerns placed these works on hold and the funds were allocated to other shelters.

The shelters have been assessed by Council Assets teams and have been determined to be in very poor condition. The shelters are considered to be a safety and liability issue to Council and would require reconstruction to be compliant with accessibility codes.

Several local residents have expressed opposition to the removal and replacement of these shelters but have also expressed interest in maintaining the shelters themselves. These shelters are located at the intersection of Main Arm Road and Motts Road, Main Arm, Huonbrook Road, Huonbrook and at the intersection of Mill Road and Huonbrook Road, Montecollum.

Council has three options for the uncompliant shelters that have community significance; remove the shelters from the Council road reserve and do not replace them, remove the shelters from the Council road reserve and replace them with compliant shelters or stops or do not remove the shelters and enter into an agreement where the community maintain and insure the shelters as a community asset.

Please note that there would be further investigation required into the requirements for the community to maintain these structures on council owned land. It is likely that a committee would need to be formed for each or all of the shelters, which would require insurances and management.

Should the shelters remain it is noted they would be in contravention of The Disability Discrimination Act 1992, but as they would not be considered to be a Council asset this appears to be a suitable outcome. Staff preference is to replace uncompliant shelters because this carries the least liability to Council and ensure all shelters and stops are accessible to all.

Key issues

The key issues in relation to this projects are; accessibility compliance, funding, scope and community expectations as outlined above. Further investigation is proposed to better understand the risks.

Options

Council has limited options due to these upgrades being required under legislation.

Next steps

It is recommended that funds are sought to enable further investigation into Council bus shelter and bus stops to enable a full schedule of works, delivery program and funding options to be prepared.

The follow matters need to be further investigated:

1. Secure Council funds to develop a renewal program at the September quarterly review.

2. Confirm the usage of each shelter/stop via a ‘Have Your Say’ public consultation and targeted consultation process.

3. Create a detailed program and budget for the upgrades required at each bus shelter or bus stop.

4. Apply for an extension to the deadline of works for lower priority stops.

5. Report back to Council

6. Undertake the design and construction of works as funding permits.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

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

1.1

Provide a road network which is safe, accessible and maintained to an acceptable level of service

1.1.3

Prioritise road network asset renewal and upgrade programs in line with Community Solutions Panel values (SP)

1.1.3.5

Upgrade access ramps and footpaths

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

1.6

Manage traffic and parking in an efficient manner

1.6.3

Ensure new infrastructure is planned and funded to meet the needs of the current and future population (SP)

1.6.3.1

Advocate for improved public transport across the Shire

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

1.1

Provide a road network which is safe, accessible and maintained to an acceptable level of service

1.1.3

Prioritise road network asset renewal and upgrade programs in line with Community Solutions Panel values (SP)

1.1.3.1

Implement asset renewal projects for road reseals

Legal/Statutory/Policy Considerations

The following are the requirements as laid out in Guideline for promoting compliance of bus stops with the Disability Standards for Accessible Public Transport 2002 updated in December 2010 by the Australian Human Rights Commission 2010.

The Disability Discrimination Act 1992 (the ‘DDA’) seeks to eliminate discrimination, ‘as far as possible’, against people with disability. Public transport is a service covered by the DDA. In 2002 the Disability Standards for Accessible Public Transport (the ‘DSAPT’) were issued to assist public transport operators and providers to meet their obligations under the DDA. The DDA makes it unlawful for any person to contravene a Disability Standard (including the DSAPT).

Any bus stop constructed after 15 August 2002 is required to comply with the DSAPT. In addition, Schedule 1 of the DSAPT sets down the following timeline by which all existing bus stops are required to comply with the DSAPT:

31 December 2007 – 25% of bus stops;

31 December 2012 – 55% of bus stops;

31 December 2017 – 90% of bus stops; and

31 December 2022 – 100% of bus stops.

Financial Considerations

Consultation and Engagement

Consultation has been undertaken for the 14 shelters upgraded to date. Further community consultation will be required in both the preliminary investigations and detailed design of all remaining bus stops. It is recommended that a “Have your say” process is undertaken as well as targeted consultation with local community groups, schools, bus companies and residents.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.26

Report No. 13.26 Strategic Project Planning - Funding for "Shovel-ready" Infrastructure Projects

Directorate: Infrastructure Services

Report Author: James Flockton, Infrastructure Planning Coordinator

Alexandra Keen, Grants Coordinator

File No: I2020/1091

Summary:

The purpose of this report is to prioritise infrastructure projects that have potential grant and government funding opportunities, to ensure that Council is best placed to take advantage of such opportunities which may arise, particularly as a result of recent natural disasters and COVID-19.

Staff are supportive of implementing a more strategic approach to Project Management in general across the organisation.

This report is provided to update Council and to highlight potential projects for development to “Shovel Ready” Status.

RECOMMENDATION:

1. That the proposed “Shovel Ready” list attached be presented to a Strategic Planning Workshop in order to prioritise the list of proposed projects.

2. That Council consider funding the planning and design of high priority projects at the September Quarterly Review, and incorporate priority projects into Council’s Operational Plan.

3. That the Place Planning Collective consider the list of projects provided in attachment 1 (E2020/51425) at their next available meeting.

Attachments:

1 Confidential - Proposed Shovel Ready Projects, E2020/51425

REPORT

The first half of 2020 has seen several natural disasters (bushfires, floods) and the emergence of COVID-19 which has impacted Local Government Areas across Australia and NSW including Byron Shire. As a result, there have been multiple new funding opportunities for Council, including:

· Bushfire Community Resilience and Economic Recovery Fund;

· Showground Stimulus Fund;

· Streets as Shared Spaces Program; and

· Local Roads and Community Infrastructure Program.

All of these funding programs have required Council to spend the funds in very short timeframes (e.g. within 3 months, 9 months or 12 months), and have required infrastructure projects to be “shovel-ready”.

The past 12 months staff have also seen a significant change in general grant funding guidelines, at both a State and Commonwealth level towards a preference for funding “shovel-ready” projects.

The funding of detailed design, project investigation or project planning are now rarely a priority within grant funding guidelines, and therefore, projects requiring this work are rarely eligible for funding. The term “shovel-ready” can have different meanings, but for the purposes of this report the term is used to define projects which have:

1. Clear Scope;

2. Has had business case approval;

3. Consultation occurred;

4. Planned;

5. Designed;

6. Costed; and

7. Obtained any relevant approvals (or such approvals identified and can be readily obtained).

To ensure that Council is in the best position possible to take advantage of grant or government funding opportunities in the future, and to remain competitive when many grant programs are being significantly oversubscribed, staff have developed a list of projects (provided at Attachment 1) as priority projects for further development. These projects have been assessed on the basis of being “shovel-ready”, or capable of being “shovel-ready” within the next 6-18 months, as may be required.

The projects contained in Attachment 1 have been selected based on:

1. Strategic alignment to Council plans;

2. Grant opportunities which are likely to become available;

3. Identified actions to move forward with the project either:

· 3 months

· 6 months; or

· 12 months.

The list at Attachment 1 has been circulated to key Council staff for consultation. Note; the costs are high level estimates and subject to change upon detailed design and investigation.

Strategic Approach to Project Management

Grants often have short deadlines and it can be challenging for staff to prioritise workloads and find the resources to complete grant applications without impacts occurring to existing projects. Staff recently implemented a Project Management Software System call Pulse - Project Management and Control (PMC). This creates opportunities to use this system for the preparation of Business Cases (for project proposals) and Project Deliveries (to hold shovel-ready projects awaiting funds).

To help make grant management processes easier to manage and more resource efficient the Executive Team have supported a process whereby no infrastructure grant should be applied for until it has an approved Business Cases or a “shovel-ready” Project Delivery within PMC. This process is further supported by a new internal procedure for grant applications and management.

Additionally, the Executive Team supported the creation of a Project Management Support Group to oversee the project approvals process within Pulse, administer Project Management and Pulse PMC in general and develop Project Management Procedures to support a standardised project management process across the organisation.

Key issues

In order to progress some of the projects in Attachment 1 to “shovel-ready” there will be further investment by Council required, and there is an indication of what is required to achieve “shovel-ready” status in Attachment 1.

It is recommended that Council give consideration to identifying funding to assist in developing priority projects, as presently there is no funding available to assist with the preparation of future projects, or the further development of the projects in Attachment 1, by Council staff and external experts.

The actions proposed within this report begin a process to bring all of Council in line with general best practice project management processes and procedures. Best practice project management will minimise the risk of mistakes, project delays and budget deficits. It will help all divisions achieve success in project management, including increasing management oversight for all project deliverables, and importantly increase Council’s ability to remain successful in securing future grant funding opportunities.

Next steps

It is recommended the attached list be considered at a Strategic Planning Workshop in order to prioritise the list, and identify potential funding sources, at the September Quarterly Review to begin planning and design of the top priority projects.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

	CSP Objective	L2	CSP Strategy	L3	DP Action		L4	OP Activity
Community Objective 4: We manage growth and change responsibly		4.1	Support the visions and aspirations of local communities through place-based planning and management	4.1.2	Ensure consistency of place-based projects with community Place Plans through embedding a governance framework that includes planning, implementation and ongoing management		4.1.2.2	Cross directorate coordination of funding and delivery of projects from Place Plans
Community Objective 5: We have community led decision making which is open and inclusive		5.2	Create a culture of trust with the community by being open, genuine and transparent	5.2.1		Provide timely, accessible and accurate information to the community	5.2.1.5	Keep community informed about community-led governance opportunities, projects and progress
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
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)	5.6.12.1	Coordinate competitive grant applications with Council’s business units to meet Federal and State government outcomes
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)	5.6.12.3	Provide governance for grants management

Legal/Statutory/Policy Considerations

The strategic directions and processes detailed within this report support Council in efficiently meeting its obligations under the Local Government Act 1993 (NSW).

Financial Considerations

The funding of “shovel-ready” projects is to be considered as part of September Quarterly Review process.

Council Revenue, Developer Contributions, Special Rate Variation, and Infrastructure Renewal Reserves are all potential funding sources for the planning and design of infrastructure projects across the Shire.

Consultation and Engagement

Council’s Executive Team has been consulted and supported the preparation of this report.

Numerous cross-divisional staff, as noted in the body of this report, will be involved in the development and implementation of processes detailed within this report.

It is recommended that The Place Planning Collective be consulted at their next meeting.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.27

Report No. 13.27 Seven Mile Beach Road & Broken Head Reserve Road - Update

Directorate: Infrastructure Services

Report Author: Andrew Pearce, Traffic Engineer

File No: I2020/1123

Summary:

The purpose of this report is to provide an update on what steps have been undertaken in the past 12 months to address traffic and parking management in the Seven Mile Beach Road and Broken Head Reserve Road areas and what steps are proposed to be completed next.

RECOMMENDATION:

That Council note the report and endorse the actions outlined to advance these projects.

Attachments:

1 Final - NPWS Broken Head Nature Reserve - Plan of Management, E2020/63623

2 FAQ - Seven Mile Beach Road, E2020/55528

3 seven mile beach 200707, E2020/57403

4 Traffic counts and observations for Broken Head Reserve Precinct, E2020/60587

5 broken head rd 200902 - Feb, E2020/57692

6 Concept Locality Plan - Broken Head reserve Rd Village, E2020/57451

7 2772_BROKEN HD RESERVE RD_BASE SURVEY, E2020/57450

REPORT

The structure of this report considers Seven Mile Beach Road first and Broken Head Reserve Road secondly. This structure reflects the Broken Head Reserve Road communities request that both precincts be designed with complete integration in mind but each precinct be progressed and managed separately.

Both the Seven Mile Beach Road and Broken Head Reserve Road sections have the following structure:

1. Summary of the key background matters that impact both precincts

2. Summary of key issues associated with the precinct.

3. Summary of works already completed.

4. Summary of Council’s plan moving forward

5. Key additional matters that have been progressed for both precincts.

Background matters

The Department of Planning, Industry and Environment (DPIE) has released the Broken Head Nature Reserve Plan of Management adopted by the Minister for Environment on 19 December 2019. Included in this document is a proposal to investigate the construction of a new walking track to link the Three Sisters walking track with Kings Beach Car Park and the upgrade of the southern extension of the Three Sisters walking track to Kings Beach. A copy of the POM is provided in Attachment 1.

The new track would provide far greater safety for pedestrian movements to and from existing car parks in Broken Head Reserve Road and Seven Mile Beach Road car parks than could be afforded from any shared zone facilities that could be provided in Seven Mile Beach Road, noting that Council’s previous requests for shared zones have not been supported by TfNSW (RMS).

Council has been successful in securing funding under the NSW Governments, Fixing Local Roads Program for “National Parks Access Roads Sealing”. Part of the grant announced, includes funding of $336,895, which has been allocated to sealing the first 700m of Seven Mile Beach Road from Broken Head Reserve Road to the NPWS Kings Beach Car Park.

Following an onsite meeting with the Minister for Energy and Environment and NPWS representatives in July 2020 the Minister’s Office has advised Council:-

1. NPWS has prioritised the upgrade of the southern extension of the Three Sisters walking track to Kings Beach.

2. NPWS and Council to have integrated approach to compliance management, which would include the issuing of fines to vehicles not in designated parking areas (Note: this will require the formalisation of the parking areas to ensure that the areas are clearly defined, and which will also assist in addressing the guerrilla parking that now occurs).

3. NPWS and Council to implement Paid Parking in all car parking areas and that those areas along Seven Mile Beach Road should be at a premium to the car parking areas on Broken Head Reserve Road and in the Reserve (Note: this will require the formalisation of the parking areas to ensure that the areas support a paid parking scheme).

Figure 1 highlights the relative location of the Broken Head Village parking precinct and NPWS paid parking zones in Broken Head Reserve Road, the sealing works on Seven Mile Beach Road, Kings Beach car park (NPWS) and the Broken Head Nature Reserve.

Figure 1: Broken Head Locality Plan

Seven Mile Beach Road

Key issues

To best understand the issues being raised by Seven Mile Beach Road residents Council compiled in a spreadsheet a list of questions and issues raised with Council since the start of June (refer to Attachment 2). The purpose of this is to ensure Council has responded to all current requests and issues.

A copy of this spreadsheet is attached and represents the recent matters of concern submitted by residents. Please note that Council’s Seven Mile Beach Car parks and NPWS Kings Beach carparks were closed during April to July 2020 in response to COVID-19 concerns.

Following further community consultation, including a meeting held with a community representative on Tuesday 11^th August 2020, the following items were reiterated as primary areas of concern:

· Safety relating to:-

o traffic volumes,

o Conflict on the road between pedestrians, cyclists and vehicles,

· Limit traffic entering Seven Mile Beach Road at the entrance to Seven Mile Beach Road via a pay parking boom gate.

· Commence no works (including sealing first 700m) until a holistic plan is fully designed and fully integrates Seven Mile Beach Road and Broken Head Reserve Road precincts.

· Car parks should be sealed prior to the road being sealed.

Residents have placed a high priority on traffic management in respect of vehicle speed and vehicle numbers.

Council has undertaken an extended count period which was longer than would normally be the case and has provided this data to residents upon request. Refer to Attachment 3, 4 and 5 for traffic data and observations.

Achieved

To date the following key steps have occurred:-

· A Restricted Parking Area and No Parking Area 9pm-5am has been installed

· Compliance Staff undertook a vehicle count of Seven Mile Beach Road as part of their regular patrols.

· Covid-19 car park closures have been removed and parking management signage reinstalled along with water filled barriers placed to demarcate car parks.

· Additional signage has been installed at entrance to Seven Mile Beach Road emphasising no parking permitted except at marked designated car parks.

· Additional signage placed at each car park to identify the area as a car park.

· High level concept plans for Seven Mile beach Road sealing have been prepared.

· Fixing Country Roads grant awarded to Byron Shire Council with $336,895 to seal the first 700m of Seven Mile Beach Road from Broken Head Reserve Road to Kings Beach Car Park.

· Equivalent of 16 months of traffic data has been collected for Seven Mile Beach Road.

Proposed Actions

The following next steps and actions from here are:-

· Develop a delivery program and communicate program with resident group.

· Detail design of works in consultation with identified stakeholders.

· Undertake business case in consultation with Council’s Finance team and DCA to confirm the financial viability of pay parking and parking technology requirements in the area.

· Analyse compliance car counts to investigate the appropriateness and extent of pay parking.

· Request NPWS to formalise and seal the Kings Beach Carpark and that this work be integrated into or undertaken in conjunction with the sealing works on Seven Mile Beach Road.

· Approach NPWS with the proposal to manage and patrol their car parking scheme at Kings Beach. This would allow the whole Broken Head and Seven Mile Beach Rd plans to be integrated and managed as a whole.

· A Council resolution will be required to give staff the authority and permission to approach Transport for NSW for consent to apply paid parking if approved by council.

· Complete design investigations and documentation for the delivery of sealing works, signage, intersection treatment and traffic management facilities ensuring these integrate and complement any planned works in Broken Head Reserve Road whilst ensuring project delivery within agreed grant milestones.

Broken Head Reserve Road

Key Issues

Broken Head has grown substantially in popularity over the recent years and with it associated parking and traffic congestion. This is especially occurring on Broken Head Reserve Road within the village parking management precinct area.

Following community consultation, including a meeting held with staff and residents on Friday 7^th August 2020, the following summary of the identified key issues and concerns has been developed:-

· Health and environment:

o dust, especially at the entrance to Seven Mile Beach Road; and

o The road shoulder between the village and Taylors Lake Road turns to mud when subjected to heavy traffic and silt / mud washes into environmentally sensitive areas;

· Pedestrian and Traffic Safety:

o Separate vehicles and pedestrians: Pedestrians walk after parking at the western end of the village along the road creating a high vehicle conflict point;

o Existing pedestrian painted walkway located on the road making it unsafe;

o Traffic speed through and approaching the village a concern, not safe for pedestrians – especially local children; and

o Hard for cars to turn around resulting in dangerous driving behaviour and turning manoeuvres in inappropriate locations;

· Parking:

o Cars avoid NPWS paid parking area by parking in the village precinct causing significant parking congestion in the village precinct;

o Residents support for Council to continue investigating the introduction of paid parking;

o Insufficient number of formal car spaces resulting in ad hoc, random and dangerous parking behaviour;

o Residents understand that parking pressures may require expansion of formalised paid parking and safe pedestrian access through to Taylors Lake Road but request that Council initially install bollards to prevent parking and turn the shoulder into a gravel pedestrian walkway connecting to Taylors Lake Road which provides bush walking access through to Suffolk Park; and

o Consider a long term plan for all day parking west of Taylors Lake Road

· General Design Issues:

o Modify the initial concept plan, (Refer Attachment 4) and design the precinct so it can be expanded and improved in stages and as funding becomes available.

o To best address speed and parking concerns commence village precinct and design plans from Taylors Lake Road. This is where parking and speed begins to be a concern.

o Don’t reseal Broken Head Reserve Road until we have an agreed planned way forward for the precinct.

o Create a Village Precinct threshold at Taylors Lake Road to create the feel of entering a community and create traffic calming environment.

o Integrate Seven Mile Beach Road and Broken Head Reserve Road Village designs but projects to be developed and managed separately.

Note: refer to Attachment 3, 4 and 5 for traffic data and observations.

Achieved

To date the following key steps have occurred:

· 6 month LPR survey of Broken Head Reserve Road was undertaken between September 2019 – February 2020.

· A preliminary concept design has been developed in consultation with Broken Head Reserve Road representatives – refer to Attachment 6. This plan to form the basis of ongoing design development and programing for staged delivery.

· A Lidar Survey has been completed along the length of Broken Head Reserve Road – refer to attachment 7.

· Cost estimate of concept design and budget funding allocated to begin detailed design.

· Preliminary discussions have taken place with DCA (recently awarded Council’s Parking Management System contract from 2021) regarding the feasibility of implementing parking technology.

· 10 months of traffic data collected for Broken Head Reserve Road.

· Traffic count layout and structure explained to local residents.

· $240,000 identified from Council’s Tourism Impacts Infrastructure Election Commitment grant funds allocated from the Heavy Patching and Asphalt Overlay program to repair existing road pavement and parking areas subject to detailed investigation.

Proposed Actions

The following next steps and actions from here are:-

· Develop and communicate Delivery Program to relevant stakeholders;

· Commence detailed design in consultation with resident representatives;

· Have Your Say survey to refine project scope and site considerations;

· Undertake analysis of LPR survey data to provide justification to TfNSW for paid parking;

· Undertake business case in consultation with Finance and DCA to confirm the financial viability of pay parking and parking technology in the area;

· Approach NPWS with the proposal to manage and patrol their car parking scheme at the end of Broken Head Reserve Road. This would allow the whole Broken Head and Seven Mile Beach Rd plans to be well integrated and managed as a whole;

· Prepare concept designs for remaining area of road and parking areas;

· A Council resolution is recommended to give staff the authority and permission to approach Transport for NSW for consent to apply paid parking if approved by Council; and

· Complete investigation and scope development of road repair works from Election Commitment funds and undertake works in co-ordination with sealing works on seven Mile Beach Road.

Key Additional Actions

The following is a list of key additional actions that require significant consultation with numerous state and community groups to progress a well integrated design.

Inter-Agency Consultation Group

To ensure all works are clearly integrated and aligned with the aims, goal and requirements of all key Inter Agencies it is intended to enter into an inter-agency consultation group which includes NPWS, Police, RFS, Arakwal and Crown Lands; and to prepare a communications plan to be all encompassing for the Seven Mile Beach Road group, Broken Head Reserve Road group, and other relevant stakeholders.

The purpose of this is to ensure all works proposed by each inter-agency group is planned in an integrated and mutually supporting manner.

Given recent bush fire emergencies and the frequent asked question to ensure adequate emergency access an inter-agency consultation group would also help ensure adequate input is given to Council to ensure emergency access is clearly provided to a level required by the emergency agencies themselves.

Memorandum of Understanding (MoU)

In consultation with the Inter-Agency Consultation Group, the Seven Mile Beach Road community group and Broken Head Reserve Road community groups it is intended that Council develop a Memorandum of Understanding.

A MoU is a preliminary written agreement that would help outline matters, such as: agreed expectations, actions, and areas of responsibility. While not legally binding, a MoU would help ensure all parties are on the same page and clarify roles, responsibilities, KPI’s and timeframes.

This document would also form part of a Management Plan (see below) and help inform a compliance regime.

Management Plan

Together with an Inter-Agency Consultation Group it is intended that Council develop an over arching Management Plan for the Broken Head Reserve Road and Seven Mile Beach Road areas.

The Management Plan (informed by the MoU) would be developed for the following purposes:

· To clearly set expectations for day to day operations, clarify matters, such as:

o Inter-Agency roles and responsibilities;

o Who has authority to close the roads and car parks and the conditions under which this would occur;

o Which Agency to contact when specific matters arise;

o Where Council’s and NPWS delegated authority is limited to;

o Appropriate expectations for Council’s staff in regards to the scope and frequency of tasks they are expected to undertake.

· Help integrate Council works with the plans and requirements of other key agencies. This would help ensure funds are not wasted duplicating plans already underway by other agencies, help Council plan the timing of works to tie in with other Agencies and prevent designs not complying with the emergency service requirements.

· Set out a longer term action plan and proposed priorities

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

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

1.6

Manage traffic and parking in an efficient manner

1.6.2

Ensure future traffic demand and alternative solutions are addressed in major infrastructure plans

1.6.2.1

Legal/Statutory/Policy Considerations

The strategic directions and processes detailed within this report support Council in efficiently meeting its obligations under the Local Government Act 1993 (NSW).

Financial Considerations

The works and proposed actions relating to Seven Mile Beach Road are to be funded by the $336,895 allocation from Fixing Local Roads Grant.

$240,000 has been identified from Council’s Tourism Impacts Infrastructure Election Commitment grant funds from the Heavy patching and AC overlay program to repair existing road pavement and parking areas in Broken Head Reserve Road as the nature of the repair work is consistent with the work being undertaken within that program.

Consultation and Engagement

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.28

Report No. 13.28 Rail Corridor Revitalisation Project - Final Design and Approval to Tender

Directorate: Infrastructure Services

Report Author: Joshua Winter, Civil Engineer

Claire McGarry, Place Manager - Byron Bay

File No: I2020/1127

Summary:

In December 2019, Council endorsed concept plans for the restoration of the Byron town centre rail corridor. This report provides the final detailed design package and seeks Council resolution to progress to tender, noting the required budget and that final details of the budget sources will be presented at the September quarterly budget review.

RECOMMENDATION:

That Council:

1. Note the detailed design package for the Byron rail corridor restoration, including the retention of rail infrastructure so that future rail operations could be quickly and easily supported;

2. Approve the use of the open tender method to call for tenders for the construction of the Byron Rail Corridor Revitalisation Project, subject to the finalisation of the Review of Environmental Factors (REF); and

3. Amend the budget for this project in the 2020/21 financial year in accordance with confidential budget estimate document (Attachment 3 - E2020/59443), with the final details of the budget sources to be included within the September quarterly budget review.

Attachments:

1 Rail Corridor Revitalisation Project Design Package, E2020/59441

2 Rail Corridor Revitalisation Project Addendum to Design Package, E2020/59442

3 Confidential - Rail Corridor Revitalisation Project Budget Estimate, E2020/59443

REPORT

Background

The Rail Corridor occupies a critical space within the town centre and in particular in relation to a number of adjacent town centre project areas including Railway Park, Butler Street Reserve, transport interchange and car parks. The Byron Bay Town Centre Master Plan also nominated the improvement of cross town circulation routes (particularly east/west) as a critical component of improving town wide connectivity.

The Rail Corridor occupies a critical space that has previously acted as a barrier to this connectivity. This project will improve circulation across town and improve the viability and health of a number of public spaces and town centre spaces.

Design Features

The project uses materials and designs that are simple and robust. The intention is to use tough and low maintenance solutions that are complimentary to the industrial heritage of the rail corridor.

Existing rail infrastructure will be retained and celebrated as an integral part of the site experience. Existing trees along the corridor fringes will be retained and in some cases provide shade and amenity for small seating areas associated with the circulation paths. The detailing of surface finishes such as turf and gravel ensures that safety concerns such as trip hazards and the like are managed in required areas.

In the context of Council’s feasibility for multi-use of the rail corridor, this project constructs infrastructure that is temporary in nature and can easily be adapted or removed if the rail corridor were to be reactivated for multi-use transport options.

Approvals and timeframes

This project will be assessed as a Review of Environmental Factors (REF) under Part V of the Environmental Planning & Assessment Act 1979. This review is underway and will be substantially completed shortly.

The review is subject to, and cannot be finalised before a Section 60 approval under the Heritage Act 1977 for the works being undertaken within a State Heritage curtilage area, being the remnant rail infrastructure in Byron Bay. Discussions with Council’s heritage consultant appear positive that the scope of works will be viewed favourably regarding heritage, as it will increase patronage and enjoyment of this heritage asset in Byron Bay.

The Section 60 application first undergoes a ‘completeness review’, with an allocation of 14 business days, and is then allocated a timeframe of up to 60 business days if advertising is required. Therefore it is expected that the Section 60 approval will take around 15 weeks, or approximately 3½ to 4 months, if Heritage NSW meets their timeframes for assessment.

Taking this into account, and that the REF will then be determined by appropriate delegated staff once the Section 60 approval is obtained, works can then be commenced and it is anticipated that this will commence in January to February, 2021.

The tender will be let during this time, with the aim of reporting the Tender to Council at the Ordinary meeting of 17 December 2020, so approval to engage a Contractor is obtained to allow works to commence as soon as the Section 60 is obtained and the REF determined.

It is important to note that the Byron Bay town centre drainage strategy identifies stormwater culvert upgrades traversing and directly beneath the proposed rail corridor works from east to west on the Byron Street alignment. When the stormwater culvert infrastructure is built (minimum 3 years until construction would commence), part of the rail corridor works will require dismantling and reconstruction. The proposed stormwater culvert infrastructure is a critical element for the Byron Bay drainage strategy. The approximate cost of the rail corridor works that would be sacrificial is in the order of $120,000. Reinstatement costs would be funded by the Byron Bay Town Centre Drainage program.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

	CSP Objective		L2		CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations		1.2		Provide essential services and reliable infrastructure which meet an acceptable community standard		1.2.7	Implement identified projects of the Byron Bay Town Centre Master Plan	1.2.7.3	Undertake landscaping works in Byron rail corridor (action from Byron Bay Town Centre Masterplan)

Legal/Statutory/Policy Considerations

In September 2019, Byron LEP 2014 was amended to allow the following land uses to be permitted with consent in the rail corridor:

· Community facilities;

· Information and education facilities; and

· Existing markets.

The amendments also clarified that landscaping works and recreation areas (i.e. playgrounds) can occur without development consent.

As the section of rail corridor within the Town Centre is a State-listed heritage area, Council has been working with Sydney Trains to prepare a Conservation Management Plan (CMP) for the corridor. The CMP addresses Council’s concepts for the activation/ community use of the corridor; Sydney Trains proposals to construct the bus interchange; and concepts for the adaptive reuse of the former ticket office.

The CMP has been submitted to the State Government for endorsement. At the time of writing this report, it has not yet been sign-off.

Adoption of the CMP will allow Council to apply for approval under Section 60 of the NSW Heritage Act 1977 and planning approval (DA) under the Environmental Planning & Assessment Act 1979.

Additionally, Council has a licence over the rail corridor from Transport for NSW which will enable this work to occur. Under this licence, Council must inform Transport for NSW of the concept plans and must not make any changes to infrastructure, or install new infrastructure without the prior written approval of Transport for NSW. Council has been granted approval from Transport for NSW on the concept plans.

Financial Considerations

A detailed budget estimate has been prepared for the project and attached as a confidential attachment. The reason for this being confidential is that disclosure could influence the open tender process and potentially confer a commercial advantage on tenderers. It can result in less than ideal outcomes where Council does not achieve value for money on the project.

There is sufficient funding to undertake the project between the Byron Bay Town Centre Masterplan projects and Council’s S7.11 reserves. Final details and breakdown of funding sources will be included within the September quarterly budget review.

Consultation and Engagement

The Byron Bay Town Centre Masterplan was developed over 18 months of in-depth community consultation and identified the rail corridor as a critical component of improving town-wide connectivity in Byron Bay.

Since the adoption of the masterplan, the community has formed the Byron Masterplan Guidance Group to guide Council’s development, and oversee implementation of key projects from the Masterplan.

The Byron Masterplan Guidance Group identified the rail corridor as the next key project for delivery following the construction of Railway Park. They have been involved in development of the concept plans and detailed design.

Additionally, staff have been working with the Byron Community Markets who are considering the rail corridor as a potential future permanent site. The detailed design provides infrastructure enabling markets and other community activities to occur in the corridor in the future if desired.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.29

Report No. 13.29 Council Tender 2020-0024 - Sewer condition assessments

Directorate: Infrastructure Services

Report Author: Jason Stanley, Inflow & Infiltration Project Manager

File No: I2020/1151

Summary:

Tenders for Contract 2020-0024 Sewer Condition Assessments were advertised from 23 June 2020 to 17 July 2020. Tenders were received from the following organisations:

· Cleanaway Industrial Solutions Pty Ltd

· Drain Tech Australia

· Dynamic Hydro Excavations Pty Ltd

· ELS Environmental Location Systems Pty Ltd

· Fenech Group Pty Ltd

· Interflow Pty Limited

· LP Pipe & Civil

· Pipe Hawk Utility Management

· Pipe Management Australia Pty Ltd

· Pipe Vision Australia Pty Ltd

· Solo Resource Recovery

· Total Drain Cleaning Services Pty Ltd

· Tunnel Vision Services Pty Ltd

Tenders have been assessed in accordance with the provisions of the Local Government (General) Regulations 2005.

This report summarises the background and assessment of the tenders and provides a recommendation to award the tender for Contract 2019-0046.

RECOMMENDATION:

1. That Council award the contract to the organisation recommended in Attachment 2 (E2020/63310) on page 8 of the Confidential - 2020-0024 Request for Tender Evaluation Report.

2. That Council delegate to the General Manager the authority to administer this contract

3. That Council authorise the affixing of the Council seal to all documents that may require it, in regards to the Contract.

4. That Council makes public it decision including the name and amount of the successful tenderer in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

5. That the Tender Evaluation Plan and Tender Evaluation Report remain confidential until the contract is finalised.

Attachments:

1 Confidential - 2020-0024 - Request for Tender - Evaluation Plan, E2020/63309

2 Confidential - 2020-0024 - Request for Tender - Evaluation Report, E2020/63310

REPORT

Tenders for Contract 2020-0024 Sewer Condition Assessments were advertised from 23 June 2020 to 17 July 2020.

The Request for Tender sought responses from proponents for CCTV inspections of Council’s sewer mains in Mullumbimby, Byron Bay and Ocean Shores to identify any defects.

Other assessments, such as smoke testing, may be incorporated as part of this project as required.

The Contract will be managed by Inflow and Infiltration Project Manager.

Tenders were advertised as follows:

VendorPanel: 23 June 2020

Council website: 23 June 2020

An Evaluation Panel comprising of 2 x Council staff members and 1 x External Technical consultant from Willow and Sparrow was formed.

Tenders closed on 17 July 2020 and tenders were received from the following proponents:

· Cleanaway Industrial Solutions Pty Ltd

· Drain Tech Australia

· Dynamic Hydro Excavations Pty Ltd

· ELS Environmental Location Systems Pty Ltd

· Fenech Group Pty Ltd

· Interflow Pty Limited

· LP Pipe & Civil

· Pipe Hawk Utility Management

· Pipe Management Australia Pty Ltd

· Pipe Vision Australia Pty Ltd

· Solo Resource Recovery

· Total Drain Cleaning Services Pty Ltd

· Tunnel Vision Services Pty Ltd

Tenders were evaluated by the Evaluation Panel in accordance with the tender evaluation plan at Attachment 1 (E2020/63309).

Following the evaluation, the Evaluation Panel conducted referee checks on the preferred tenderer. The results of these checks were deemed by the Evaluation Panel to be satisfactory as detailed in the Evaluation Report at Attachment 2 (E2020/63310).

Financial Considerations

The price basis for the contract is a lump sum. The offer recommended for Council to accept is $148,695.60 (excluding GST).

Council budgeted $310,000.00 for pipeline renewals (General Ledger Code 7438.047 & 7749.006) for this financial year.

There is sufficient funding for the proposed contract in the current budget.

Statutory and Policy Compliance Implications

The tendering process has been undertaken in accordance with Council’s Purchasing and Procurement Policy, and the provisions of the Local Government (General) Regulation 2005.

The Local Government (General) Regulations 2005 define the options available to Council. An extract is provided below.

Local Government (General) Regulation 2005 - Reg 178

Acceptance of tenders

178 Acceptance of tenders

(1) After considering the tenders submitted for a proposed contract, the council must either:

(a) accept the tender that, having regard to all the circumstances, appears to it to be the most advantageous, or

(b) decline to accept any of the tenders.

(2) A council must ensure that every contract it enters into as a result of a tender accepted by the council is with the successful tenderer and in accordance with the tender (modified by any variation under clause 176). However, if the successful tender was made by the council (as provided for in section 55 (2A) of the Act), the council is not required to enter into any contract in order to carry out the requirements of the proposed contract.

(3) A council that decides not to accept any of the tenders for a proposed contract or receives no tenders for the proposed contract must, by resolution, do one of the following:

(a) postpone or cancel the proposal for the contract,

(b) invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details,

(c) invite, in accordance with clause 168, fresh applications from persons interested in tendering for the proposed contract,

(d) invite, in accordance with clause 169, fresh applications from persons interested in tendering for contracts of the same kind as the proposed contract,

(e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender,

(f) carry out the requirements of the proposed contract itself.

(4) If a council resolves to enter into negotiations as referred to in subclause (3) (e), the resolution must state the following:

(a) the council’s reasons for declining to invite fresh tenders or applications as referred to in subclause (3) (b)–(d),

(b) the council’s reasons for determining to enter into negotiations with the person or persons referred to in subclause (3) (e).

Council’s endorsement of the recommendation to award the tender as recommended in the attached Evaluation Report is sought.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.30

Report No. 13.30 Byron Bay Rugby and Cricket Refurbishment and upgrade of Change rooms and Canteen Byron Memorial Recreation Grounds

Directorate: Infrastructure Services

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

File No: I2020/1167

Summary:

The Byron Bay Rugby Club is the recipient of a $200,000 grant from the NSW Office of Sport under the Election Commitments Program.

The awarded grant is for the upgrading of the existing facility that:

· Provides amenities which are of an appropriate standard for existing members of the rugby and cricket clubs

· Enable the expansion of club membership

· Provide a venue which will foster participation by girls and women

· Provide a safe, attractive space for social or club gatherings

· Enable the expansion of the Byron Bay Rugby 7’s competition

To enable ongoing functionality of this facility by all users, it is requested by both the Byron Bay Cricket and Rugby Club that Council consider the installation of a containerised canteen adjacent to the amenities.

RECOMMENDATION:

1. That Council support the redevelopment of the amenities, Attachment 1 (E2020/59444) and the installation of 20’ containerised canteen at the location of the existing grand stand on Tennyson Street, Attachment 2 (E2020/59445); and

2. That these developments are supported on the basis that:-

a) Staff receive an appropriate REF (Review of Environmental Factors) and a Construction Management Plan and that all s68 approvals relevant to both amenities and the Canteen; and

b) The terms of use are included in the Rugby and Cricket Clubs User Agreement.

Attachments:

1 Byron Bay Rugby and Cricket Change Rooms proposal - 30.06.20, E2020/59444

2 Byron Bay Rugby and Cricket Change rooms and canteen layout, E2020/59445

REPORT

The Byron Bay Rugby Club is the recipient of a $200,000 grant from the NSW Office of Sport under the Election Commitments Program.

The awarded grant is for the upgrading of the existing facility that:-

· Provides amenities which are of an appropriate standard for existing members of the rugby and cricket clubs

· Enable the expansion of club membership

· Provide a venue which will foster participation by girls and women

· Provide a safe, attractive space for social or club gatherings

· Enable the expansion of the Byron Bay Rugby 7’s competition

The proposed refurbishment and upgrades, within the existing footprint of the facility is attached.

The scope of the grant for clarity involves:-

· Design

· Project management of design and construction

· Demolition of existing internal toilet and installation of male and female changing rooms with toilets and showers

· Electrical works

· Installation or replacement of flooring and external doors.

· Repairs to the roof as required.

The upgraded facilities are to remain an asset of Council for use by both Byron Bay Rugby and Byron Bay Cricket in accordance with their respective User Agreements. The facility is also available for general community use. Any general community use is to be in consultation with both clubs and subject to terms and conditions of a hire agreement.

As a consequence of the development, Canteen space within the facility, primarily utilised by Byron Bay Cricket club will be lost. To resolve this loss of facility and functionality, staff have considered, at no cost to Council, the installation of a containerised canteen simular to that shown below.

The Rugby Club have offered to purchase the canteen at their cost. This facility will become an asset of Council for use by the Rugby and Cricket clubs and general community use. Terms and conditions of its use are to be included within each Clubs User Agreement. General community use will be subject to the terms and conditions of a hire agreement in consultation with both the Rugby and Cricket Clubs.

Staff has considered on site a suitable location for such a facility that would support both the Rugby, Cricket and at times other users. The most appropriate location that has been identified is the location of the existing relocatable grand stand sighted adjacent to the change rooms on Tennyson Street (refer to attached Byron Bay Rugby and Cricket Change Rooms and Canteen Layout).

The relocation of the grand stand to the location as shown on the attached layout (Byron Bay Rugby and Cricket Change Rooms and Canteen) has been considered by staff and is not supported at this stage due to

· The grandstand is nearing its end of life and further assessment on its refurbishment or its replacement value for money assessment is required.

· The relocation and alternative placement requires further consultation with users and neighbours of the Byron Bay Memorial Recreation Grounds.

· There is no Council budget allocation for refurbishment or renewal within Councils current adopted budget.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

	CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations		1.2	Provide essential services and reliable infrastructure which meet an acceptable community standard	1.2.8	Develop capital upgrades, renewal and enhancements works program for buildings- including community buildings, public toilets, emergency services, sports club facilities and Council operations buildings (SP)	1.2.8.2	Sporting Infrastructure Renewal (Shire wide)

Legal/Statutory/Policy Considerations

Under the State Environmental Planning Policy (Infrastructure) 2007

Division 12 Parks and other public reserves

Section 65 the following development is permitted without consent

(3) Any of the following development may be carried out by or on behalf of a council without consent on a public reserve under the control of or vested in the council— (a) development for any of the following purposes—

(vi) Amenities for people using the reserve, including toilets and change rooms,

(vii) Food preparation and related facilities for people using the reserve

It is considered that the proposals meet the above definitions and as such are subject to a Review of Environmental Factors.

The proposed refurbishment and containerised canteen and its use is considered consistent with the Byron Bay Memorial Recreation Grounds adopted Plan of Management.

Financial Considerations

No financial implications as no Council funds are allocated to the proposals.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.31

Report No. 13.31 Submission to Reclassification of Regional Roads

Directorate: Infrastructure Services

Report Author: Christopher Soulsby, Development Planning Officer S94 & S64

File No: I2020/1184

Summary:

The purpose of this report is to seek the Council’s endorsement of a position on the reclassification of regional roads to be presented to the Independent Panel who will make recommendations to the NSW Government on the status of Regional Roads.

The Independent Panel is asking road managers to identify all roads they intend to submit as a priority for reclassification or transfer.

Road managers have been asked to make their submission by 30 August 2020.

RECOMMENDATION:

That Council nominate to the Independent Panel for the NSW Regional Road Transfer and Road Classification Review, the following roads be reclassified as state roads:

1. MR545, including the Bypass and excluding Jonson Street and Lawson Street

2. MR679

3. MR689

4. Bangalow Road

5. Hinterland Way (regional road component)

REPORT

The purpose of this report is to seek the Council’s endorsement of a position on the reclassification of regional roads to be presented to the independent panel who will make recommendations to the NSW Government on the status of regional roads.

Information/Background:

In February 2019, the NSW Government announced the transfer of up to 15,000 kilometres of regional roads to the State as part of a broader package of support for local councils to better manage and maintain the rural road network.

Future Transport 2056 identifies the NSW Road Classification Review (Classification Review) as a key initiative to make adjustments to the classification policy framework and update the road network to align with the ‘Hub and Spoke’ Transport Network Model and the ‘Movement and Place’ Framework.

Combining the transfer of regional roads with the Classification Review will ensure equity and transparency in all changes and support the development of an integrated road transport network.

An Independent Panel, chaired by Ms Wendy Machin, has been established to make recommendations for consideration by the NSW Government.

The following table sets out the regional roads within the Byron Shire and their description from the TfNSW Classified Roads schedule.

MR 463	From Gulgan Road (MR689) at Andersons Ridge east of Mullumbimby via Mullumbimby Road, Argyle Street and Burringbar Street to Dalley Street at Mullumbimby.
MR 545	From Pacific Highway at Ballina via Lennox Head, Broken Head, and Byron Bay to the Pacific Highway at Ewingsdale Interchange at Ewingsdale
MR 689	From Pacific Highway at Wreckers Interchange south of Brunswick Heads via Gulgan Road and Brunswick Valley Way passing through Brunswick Heads, Ocean Shores and Billinudgel to Pacific Highway and Tweed Valley Way (MR679) at Yelgun Interchange
MR 679	From Pacific Highway at Yelgun Interchange via Tweed Valley Way passing through Crabbes Creek, Mooball, Burringbar, Murwillumbah, Condong and Tumbulgum to Pacific Highway at Oak Avenue Interchange at Chinderah.

The following shows the map of classified roads:

Key issues

In considering which regional roads we request be transferred to state ownership Council needs to consider the level of control we want to keep over these roads and future works that may be required.

Tweed Street (MR689)

Approximately $184,000 in S94 funds has been allocated to Brunswick Heads to undertake landscaping works along Tweed Street. A full Tweed Street Masterplan had been completed and some works were completed in Tweed Street in 2019/20. Council may want to do these works in the future and maintaining higher control on Tweed Street may help achieve this work.

Gulgan Road / Mullumbimby Road Intersection

This intersection is known to have concerns congestion issues and may require a significant upgrade in the near future. Consideration should be given whether these works can be best undertaken as a regional road or state road. Should MR689 become a State Road these works would become difficult for Council to implement.

Cycleway - Mullumbimby Road & Gulgan Road

Council has indicated a desire to establish a cycleway between Mullumbimby and Brunswick Heads. A significant portion of that will need to be along Mullumbimby Road and Gulgan Road. Should MR689 and MR463 become a State Road these works would become difficult for Council to implement.

Burringbar Street

Burringbar Street is the main street within Mullumbimby. As a result Council should maintain a higher level of control. Long term master plans for Mullumbimby also propose to deviate through traffic out of Burringbar Street and along Station Street and / or Tincogan Street.

Jonson Street & Byron Bypass

It is understood that as part of the Byron Bypass works the alignment and description of M545 will be altered to include the Bypass and will remove reference to Jonson Street and Lawson Street.

Bangalow Road

Consideration should be given to Bangalow Road and whether Council should request this to become a Regional or State road. Bangalow Road is growing in significance within the Byron Shire Road Network and provides a key alternate access route into Byron Bay. If traffic is to be alleviated along Ewingsdale Road then Bangalow Road may play a key part in diversifying traffic flow into Byron Bay. Given the condition of the road it would take significant help to ensure the road remains in adequate condition.

Bangalow Road from Bangalow to the shire boundary with Lismore, Granuaille Road and Hinterland Way are all existing State Roads. No changes are proposed with these roads.

It is noted the Ross Lane in Ballina Shire is classified a Regional Road and may be considered similar to Bangalow Road.

Recommendation

Based on the above the following is recommended:

MR545 – Request MR545 be made a State Road, including the Bypass and excluding Jonson Streetr and Lawson Street.

MR679 - MR679 provides emergency access across the Brunswick River if the motorway needs to be shut due to works on the motorway bridge over Brunswick River. As a result, it is considered a key road in the State network. It is recommended requesting MR679 become a State Road.

MR689 - Request MR689 be made a State Road. Significant intersection works are expected to be required in the near future at the Gulgan Road / Mullumbimby Road intersection. Therefore, transfer of MR689 may be considered less of a priority. If Council has to limit the number of roads it requests to become state roads MR689 is not a priority road. If Council choose to recommend in become a State Road it should exclude Harbour Way and Tweed Street, to allow the Tweed Street Masterplan to be implemented once funded.

MR463 - If Council has to limit the number of roads it can request to become State Roads then it is recommended not including MR463 in the list. Alternatively, Council may consider requesting only part of MR463 become a State Road. Such a request may exclude Burringbar Street which should remain a Local or Regional Road.

Bangalow Road - It is recommended Council requests Bangalow Road become a State Road from Hinterland Way through to Broken Head Road.

Risk

The primary risk are:

· The expected cost of works required to upgrade sections of MR545 and MR689 (i.e. Gulgan Rd / Mullumbimby Rd intersection).

· Reduced control over key roads within the Shire.

· Changes in road status preventing Council achieving works within adopted masterplans.

Next steps

Write a submission to the independent panel based upon Council’s adopted position.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

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

1.1

Provide a road network which is safe, accessible and maintained to an acceptable level of service

1.1.3

Prioritise road network asset renewal and upgrade programs in line with Community Solutions Panel values (SP)

1.1.3.15

No specifically defined in the OP.

Legal/Statutory/Policy Considerations

If the regional roads are transferred back to state control then there will need to be a number of consequential amendments to the Local Environmental Plan, Development Control Plan and Contributions Plan.

Financial Considerations

There are significant cost savings to capital works required to upgrade the regional road network if these roads are transferred to the state.

Consultation and Engagement

No community consultation has been undertaken for the purposes of this report.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.32

Report No. 13.32 Tender 2020-0023 - Byron Bay Bypass Construction of Acoustic At-Property Treatments

Directorate: Infrastructure Services

Report Author: Joshua Winter, Civil Engineer

File No: I2020/1126

Summary:

On 23 April 2020, the General Manager, under delegated authority, approved the use of the open tender method to call for tenders for Contract 2020-0023 - Byron Bay Bypass - Construction of Acoustic At-Property Treatments.

The Request for Tender was advertised from 25 May 2020 to 10 July 2020. Tenders were received from the following organisations:-

· ASEC Building

· Bishton Group

· Glass Workx

Tenders have been assessed in accordance with the provisions of the Local Government (General) Regulations 2005. This report summarises the background and assessment of the tenders and provides a recommendation to award the tender for Contract 2020-0023.

RECOMMENDATION:

1. That Council award the contract to the organisation recommended in Attachment 1 (E2020/63822) on page 7 of the Confidential - 2020-0023 Request for Tender Evaluation Report.

2. That Council delegate to the General Manager the authority to administer the contract.

3. That Council authorise the affixing of the Council seal to all documents that may require it, in regards to the Contract.

4. That Council makes public it decision including the name and amount of the successful tenderer in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

5. That the Tender Evaluation Report remain confidential until the contract is finalised.

Attachments:

1 Confidential - 24.2018.83.1 - 2020-0023 - Byron Bay Bypass Construction of Acoustic At-Property Treatments - Evaluation Report - SIGNED, E2020/63822

Report

The works included in this Contract are required for Council to meet the consent conditions of the Bypass project.

The Request for Tender sought responses from proponents to provide acoustic at-property treatment works, generally including:

· 1.8m acoustic fence to front and part of side boundary;

· window and/or door upgrade/replacement;

· mechanical ventilation to treated rooms;

· external wall treatment, if required (insulation);

· ceiling treatment, if required (insulation); and

· underfloor treatment, if required (closing of external gaps if house raised off ground).

The Contract is expected to commence in September 2020 for a period of approximately 4 to 6 months, depending on access to properties and acceleration options.

The Contract will be managed by Daniel Strzina – Project Engineer, and Joshua Winter – Client Representative – Byron Bay Bypass.

Tenders were advertised on 25 May in the following newspapers/locations:

· Sydney Morning Herald

· Northern Star

· Byron Shire Echo

· Gold Coast Bulletin

· Council website/Vendorpanel

Mandatory briefing/site inspections were held by appointment. The following organisations attended the briefing/site inspection:

· ASEC Building

· Bishton Group

An Evaluation Panel comprising of two Council staff members and one consulting project engineer (working on the bypass project) was formed.

Tenders closed on 10 July 2020 and tenders were received from the following proponents:

· ASEC Building

· Bishton Group

· Glass Workx

Tenders were evaluated by the Evaluation Panel in accordance with the following evaluation criteria:

Mandatory criteria:

a) Tender lodged on time, in accordance with the Conditions of Tender.

b) Respondent has a valid Australian Business Number.

c) Respondent substantially complies with the Statement of Requirements.

d) Respondent substantially complies with the Conditions of Contract.

e) Workers Compensation Insurance for all employees

f) Holds, or is able to obtain, the insurances as specified in the Statement of Requirements

g) Respondent has satisfactory work health and safety and environmental compliance.

h) Financial capacity to undertake the contract.

i) Commitment to ethical business practices.

j) Does not obtain financial benefit from Australia’s offshore detention centres.

k) Is not involved with the development or operation of the Carmichael mine or otherwise have ties to Adani.

l) Satisfactory environmental controls

Qualitative criteria:

Criteria	Weighting
Cost of Works - Estimated cost of works excluding all provisional items shown in the schedule.	50%
Tenderer's Recent Experience - Tenderer's recent experience and performance in comparable work, particularly managing resident stakeholders during construction.	20%
Proposed Construction Methodology - Tenderer's proposed construction methodology including timeframe, minimisation of disruption to residents, order of works.	15%
Proposed Resources - Proposed resources to undertake the works including relevant qualifications, competence and experience including subcontractors.	15%

Financial Implications

The price basis for the contract is a schedule of rates.

Council has budgeted $1.5M for this component of the Bypass project.