Agenda of Ordinary Meeting - Thursday, 24 September 2020

BYRON SHIRE COUNCIL

Notices of Motion 9.1

Notices of Motion

Notice of Motion No. 9.1 Identifying three priority infrastructure projects for Destination North Coast

File No: I2020/1399

I move:

That Council identify its’ three priority infrastructure projects that may have a definitive impact on the Byron Shire’s visitor economy.

Signed: Cr Simon Richardson

Councillor’s supporting information:

Tabled at the last Northern Rivers Joint Organisation (NRJO) Ordinary Board Meeting, on August 21, 2020, as part of its Associate Member Report, Destination North Coast (DNC) requested LGA’s identify their top three key infrastructure projects in order to add its support and advocacy. The master list of projects will be used by DNC to promote and accommodate requests from the State and Federal Governments and other relevant agencies in the planning and development of infrastructure projects that may support the regions visitor economy.

Keeping possible projects to those which align with enhancing the local visitor economy, Byron Shire Council has quite a few that could be considered when narrowing the list to a final three projects.

Firstly, the activation of the rail corridor in Byron Bay is considered by staff to be the most important project for inclusion due its potential scope and impact ,coupled with its overwhelmingly wider environmental and community benefits.

Secondly, other possible projects may include:

• The Byron Green Line;

• The Sandhills activation;

• Butler Street reserve visitor parking and reserve works;

• Jonson Street pedestrian activation and masterplan beautification;

• Seven Mile Beach Rd and Broken Head area movement, access and parking upgrades;

• Marshall Creek, Brunswick Heads, jetty/pontoon and access infrastructure;

• Brunswick Heads historical ‘Housie Shed’ upgrades;

• Brunswick Heads public toilet upgrades (note: a Crown Reserves Improvement Fund application has been made to replace the toilets opposite the Brunswick Heads Surf Lifesaving Club);

• Ocean Shores shared path along Simpsons Creek to connect to Brunswick Heads; and

• Federal Village centre pedestrian activation.

Staff comments by Claire McGarry, Byron Place Manager, Office of General Manager and Christopher Soulsby Development Planning Officer, Infrastructure Services.

On 12 August 2020, Council provided Destination North Coast (DNC) with three priority infrastructure projects connected to visitor economy outcomes identified in the Byron Shire. This list has been amalgamated with projects across the region for inclusion in a ‘Top 100’ list for state tourism which Destination NSW will use in discussions with NSW Treasury.

The projects submitted to DNC for inclusion were:

1. Multi-Use of the Rail Corridor

2. Byron Bay Town Centre Masterplan Projects:

- Byron Bay Green Spine (presented as Green Line / Kabul)

- Sandhills Activation

- Byron Bay foreshore upgrade

- Arakwal Cultural Centre

- Byron Lighthouse Walk extension

3. Ewingsdale Road Upgrade.

These projects were chosen for their strategic value to the region and their ability to deliver triple‑bottom line outcomes in the local community. They have a combined total value of over $300 million.

DNC have subsequently advised that the Byron Bay Town Centre Masterplan Projects was included in the DNC top 5 projects for the region, and as such as been included in the top 100 projects for the State. At this stage it is unknown how Destination NSW will use this list either in lobbying for these projects or in submissions for funding for these projects.

There is some alignment between projects provided to DNC and those identified in the Notice of Motion, however, the below projects were not put forward

• Butler Street reserve visitor parking and reserve works;

• Jonson Street pedestrian activation and masterplan beautification;

• Seven Mile Beach Rd and Broken Head area movement, access and parking upgrades;

• Marshall Creek, Brunswick Heads, jetty/pontoon and access infrastructure;

• Brunswick Heads historical ‘Housie Shed’ upgrades;

• Brunswick Heads public toilet upgrades;

• Ocean Shores shared path along Simpsons Creek to connect to Brunswick Heads; and

• Federal Village centre pedestrian activation.

These projects could be included in future project priority lists.

At the Council meeting on 27 August 2020, Council considered Report 13.26 - Strategic Project Planning – Funding for “Shovel Ready” Infrastructure Projects. This report identified that State and Federal Governments have a preference for funding “shovel-ready” projects. A shovel ready project has:

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).

In order to progress the identified priority projects in this NOM, it is recommended they be included in the list E2020/51425 to be presented and discussed at a Strategic Planning Workshop as per resolution 20-392.

20-392 Resolved:

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. (Richardson/Lyon)

It is acknowledged that this NOM may partially pre-empt the outcome of the Strategic Planning Workshop, but it is essential that the projects identified in this NOM be incorporated into a consolidated list to enable a properly managed approach to funding and best practice project management processes and procedures.

Financial/Resource/Legal Implications:

As identified in resolution 20-392, the funding of projects identified in the NOM should be considered for at the September Quarterly Review, and incorporate priority projects into Council’s Operational Plan. This will enable staff to pursue future grant opportunities for shovel-ready projects.

Is the proposal consistent with any Delivery Program tasks?

The proposal is consistent with several key outcomes of the Delivery Program as set out below:

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

BYRON SHIRE COUNCIL

Notices of Motion 9.2

Notice of Motion No. 9.2 Parklet Policy

File No: I2020/1404

I move that:

1. Council develops a ‘Parklet Policy’ to permit the use of street car park spaces by adjacent restaurants in our shire for outside dining after hours for a trial period of 12 months.

2. Council doesn’t charge for the use of the parking spaces for the period the state COVID social distancing restrictions are in place, but a price for such a charge be included in the draft policy.

3. The draft policy be brought to Council at the October Ordinary meeting prior to going on exhibition and consultation with the Police and relevant traffic authorities for 1 month after which, if there are no submissions, it be adopted and again reviewed at the end of trial period.

Signed: Cr Alan Hunter

Councillor’s supporting information:

Covid-19 Social Distancing restrictions are likely to be with us for quite some time, yet the effect on our local restaurant and hospitality industry is very significant because of the extra space required for each patron.

There is much demand for outdoor dining around the Shire with limited space available within the existing verges and I believe this is one small concession Council can make to assist the community to meet the current financial and social challenges.

Additional outdoor dining space within town centres can be achieved with the use of street parking spaces after 5pm daily.

The parklet trial is expected to provide a range of benefits including additional vibrancy & interest in the streetscape as well as delivering economic benefits to adjacent businesses.

What is a Parklet?

A parklet is a footpath extension that provides more space and amenities for people using the street. Usually parklets are installed on parking zones and use several parking spaces. Parklets typically extend out level from the footpath to the width of the adjacent parking space. Parklets provide additional alfresco dining space for adjacent cafes and restaurants.

A parklet may be thought of as permanent, but must be designed for quick and easy removal for emergencies or other maintenance requirements, allowing removal without damage to the curb or street.

One roadside parking space in front of a café or bar might mean one or two customers – assuming they come to that business. A car park can instead become a parklet with space for six to eight people, while looking a lot more inviting. Put two or three parking spaces together and you’ve got a miniature dining area or a parklet.

Who Pays for a Parklet?

Council outdoor dining space fees and rates for the parklet will apply.

The construction and maintenance costs associated with parklets are to be funded by the operator and/or property owner. Once installed the operator and/or property owner is responsible for ensuring that the area remains clean and attractive as for other outdoor dining areas.

Port Macquarie and a number of other Local Government Areas here and overseas have made parklets available to their local restaurants.

Ad-bloc parklet in Allston, MA. Urban Furniture, Street Furniture, Concrete Furniture, Furniture Design, Poket Park, Villa Architecture, Architecture Diagrams, Architecture Portfolio, Community Places

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

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

Parklets are a type of ‘street makeover’ that temporarily repurposes public roads for car free use.

In Australia around 30% of our urban space is dedicated to roads and car parks. Reclaiming this space of pedestrians, even in the short term, can change streets into active places that contribute to health, well being and environmental quality of neighbourhoods.

Tactical ‘street makeovers’ as they are known as more broadly, encourage people to temporarily reimagine how their roads could serve as public spaces. In the current circumstance these can counter at a local neighbourhood scale the current social impacts of COVID 19.

Local Byron Shire examples of tactical ‘street makeovers’ have included:

Park(ing) Day: this is where a single or more car parking space is transformed into a temporary park for a few hours to a day by paying for its use. Council held a Park(ing) Day in Byron Bay in September 2018.

Parklets: this is where kerbside parks are reinvented as public spaces for a day, a month or longer. Council has previously included parklets as part of community engagement activities while developing town and village master plans. These parklets were at the time well received.

Pop-up parks: this involves a temporary street closure to provide public space for locals and visitors to connect, while generating extra foot traffic for local traders. Council has previously activated Bay Lane Byron Bay for this purpose.

Better Block Movement: this is where public space, laneways and vacant shopfronts are temporarily activated for neighbourhood building street parties.

The Mullumbimby Talking Street – Streets as Shared Spaces Project proposes to activate Mullumbimby’s main street through a more shared main street and to activate the key intersection of Burringbar and Stuart streets. This includes Parklets for outdoor dining purposes which will occur, with local business, Chamber and community support over the coming months.

The recommendation requests that Council staff develop a ‘Parklet Policy’ to enable restaurants to expand their dining areas to the street after hours for a trial period. That this policy be reported to the October meeting of Council and exhibited following. This timeline is short and not really adequate for staff to prepare a formal Policy. It is also a concern that this Policy will only consider one aspect of a street makeover program.

As an alternate, following a search and review of the Port Macquarie Hastings Council webpages the documents to support a trial parklet program could be easily modified to suit Byron Shire for an expression of interest process. Site selection criteria and parklet requirements however will need to be fit for Byron Shire circumstances and use. Not all streets and or parking spaces will be appropriate in this regard.

https://www.pmhc.nsw.gov.au/Business/Business-Registrations-and-Licences/Approvals-and-licences/Outdoor-Dining-Parklet-Trial

Notwithstanding the above, there are many other councils with ‘street makeover’ aka tactical urbanism and street activation program policies that could be used by staff to prepare a more comprehensive Council policy response. It is staff preference that sufficient time is granted to enable a more thorough review of these, and consultation with the business community / Chambers regarding what types of street makeovers are best for their towns and villages before reporting to Council on a Policy.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1

Staff Reports - General Manager

Report No. 13.1 Lease over road reserve for a children's treehouse

Directorate: General Manager

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2020/1051

Summary:

Council has previously resolved (18-574 and 19-423) to grant Ms Mell Coppin twelve month leases over an unused part of the road reserve adjoining 77 Massinger Street Byron Bay for a children’s treehouse. Ms Coppin seeks a new twelve month lease to commence 1 October 2020.

This report recommends that Council grant a new twelve month lease to Ms Coppin.

All submissions received on the proposed lease are detailed in this report.

RECOMMENDATION:

1. That Council grants to Ms Mell Coppin a lease over an unused portion of the road reserve adjoining 77 Massinger Street Byron Bay for the purpose of a children’s treehouse on the following terms:

a) twelve months to commence 1 October 2020;

b) minimal rent of $1 per annum payable on demand; and

c) public liability cover to a minimum of $20 million over Council land that mitigates risk to Council should the treehouse structure not be compliant with Australian Standard AS 4685 for children’s play equipment.

2. That the structural engineer’s report attesting to the structural integrity of the treehouse and arborist report attesting to the health of both trees be valid to 30 September 2022.

Attachments:

1 Submission 1 Lease to Mell Coppin, E2020/58529

REPORT

Council resolved (18-271) at its 19 April 2018 meeting

1. By close of business on Thursday, 31 May 2018 Ms Coppin of 77 Massinger Street Byron Bay provide Council with the following:

a. evidence by way of a Certificate of Currency that Public Liability Insurance coverage to

the value of $20 million has been effected in respect of the structure.

b. evidence by way of an engineering certificate attesting to the structural integrity of the

structure;

c. evidence by way of an arborist report attesting to the health of the trees where

the structure is located

2. That on compliance with all components of 1 above Council, for a period of 28 days, advertise its intention to grant Ms Coppin a 12 month lease over the unused public road being that part of the public road adjoining the property at 77 Massinger Street Byron Bay at a rental of $1 per annum.

3. In the event that there are no submissions Council delegate to the General Manager authority to enter into the lease referred to in 2 above, or in the event that submissions are made all submissions received be reported to Council for consideration.

4. That when approval is granted Council withdraw all directions to remove the structure.

5. That enforcement action in respect directions presently issued be stayed until the happening

of either of the events in 3 above, whichever shall first occur.

In accordance with the above resolution, Council further resolved to grant Ms Coppin two additional twelve month leases (18-574 and 19-423). Ms Coppin requests that Council grant a third twelve month lease to commence 1 October 2020.

In accordance with the above resolution, Ms Coppin provided new structural engineer’s and arborist reports. The new structural engineer’s report attests to the structural integrity of the treehouse with the new arborist report recommending that minor mitigation works be carried out to ensure the ongoing health and stability of both trees. Mitigations works have now been completed. Both reports remain valid for two years to 30 September 2022.

Terms of lease

The proposed lease is to be granted under the same requirements as resolution (18-271) being a term of twelve months to commence 1 October 2020 at minimal rent of $1 per annum.

That Ms Coppin continue to provide public liability insurance cover at a minimum of $20 million over Council owned land that mitigates risk to Council as a result of the treehouse not complying with Australian Standards AS 4685 for children’s play equipment.

Public consultation

Council publically advertised the proposed lease as required by s154(1) of the Roads Act 1993 (NSW) between 29 July and 28 August 2020 and received one submission.

A summary of the submission is tabled below:

Submission

Council reply

· Supports the retention of the treehouse outside of 77 Massinger St.

· Requests that pedestrian access is retained on the nature strip outside of 77 Massinger St.

· Noted

· Terms of the lease requires unimpeded pedestrian access on the road reserve at all times.

Council must consider the submission duly made on the proposed lease and may grant the lease with or without alterations, or may refuse to grant the lease.

This report recommends that Council grant a new twelve month lease to Ms Coppin for a children’s treehouse constructed on an unused portion of road reserve adjoining 77 Massinger Street Byron Bay.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

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

Legal/Statutory/Policy Considerations

153 Short-term leases of unused public roads

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

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

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

154 Public notice to be given of proposed lease

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

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

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

(2) The notice:

(a) must identify the public road concerned, and

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

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

156 Decision on proposed lease

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

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

157 Special provisions with respect to short-term leases

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

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

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

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

Maximum penalty: 10 penalty units.

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

Financial Considerations

Nil.

Consultation and Engagement

Public notification of the lease for 28 days between 29 July and 26 August 2020 for comment in accordance with s154(1) of the Roads Act 1993 (NSW).

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.2

Report No. 13.2 Amendment of Council's Code of Conduct for Councillors, the Procedures for the Administration of Council's Code of Conduct and Council's Code of Meeting Practice

Directorate: General Manager

Report Author: Ralph James, Legal Counsel

Heather Sills, Corporate Planning and Improvement Coordinator

File No: I2020/1259

Summary:

On 7 August 2020, the NSW Government published The Model Code of Conduct for Local Councils in NSW 2020 and the New Code for the Administration of The Model Code of Conduct for Local Councils in NSW 2020. These documents replace the previous versions published in 2018.

The new Model Code has binding legal force on local government officials under section 440(5) of the Local Government Act 1993 (NSW). The new Code Procedures have binding legal force on local government officials in relation to the investigation of complaints about breaches of the new Model Code and associated matters under s440AA(5) of the LG Act.

The new Model Code and new Code Procedures contain changes relating to

· the definitions of council committees and council committee members,

· grounds of harassment and discrimination

· gifts and benefits,

· the establishment of conduct review panels,

· the procedures for investigating code of conduct complaints regarding councillors and general managers,

· the imposition of sanctions, and

· the procedures for reviewing decisions to impose sanctions.

Some of the amendments regarding the investigation of code of conduct complaints about councillors and general managers, the imposition of sanctions, and the review of decisions to impose sanctions, stem from the consideration by the Office of Local Government of the decision of the Supreme Court of NSW in Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134.

In Cornish, the Supreme Court held that a council resolution that subjected a councillor to disciplinary measures (being the suspension of remuneration for a period of 3 months) was invalid as it was not authorised by the LG Act under which a council’s disciplinary powers for councillor misconduct are limited to the power of censure (see section 440G of the LG Act).

The amendments are set out in red in the following report and in the attachments.

Each of the amendments (other than in respect of gifts) are prescribed in such a way that Council is obligated to adopt them, however, more information on each of the changes is provided in detail in the report. Council is not obliged to amend its Code of Conduct to lift the $50 cap on gifts if it does not wish to do so. It is recommended that Council retain the $50 cap on the value of gifts that may be accepted.

Since 14 December 2019, councils have been required to webcast meetings of the council and committees that comprise only of councillors. The webcasting requirement may be met simply by posting an audio or video recording of the meeting on the council’s website.

The Model Code of Meeting Practice for Local Councils in NSW requires councils to specify in their codes of meeting practice, the minimum time period that a webcast recording will be made publicly available on a council’s website but does not prescribe a minimum period.

Based on NSW State Archives and Records guidance, the Office of Local Government recommends that webcast recordings of meetings should be retained on councils’ websites for a minimum of 12 months.

The requirement for councils to retain recordings of meetings on their websites for at least 12 months is now prescribed under the Local Government (General) Regulation 2005.

As the amendments are prescribed by legislation, there is no obligation on Council to publicly exhibit the documents or seek submissions. Therefore it is proposed that the Codes be adopted by Council and that the Procedures be endorsed.

RECOMMENDATION:

1. That Council adopts the amendments to the Code of Conduct for Councillors (E2020/ 69254) as detailed in the Report.

2. That Council endorses the amendments to the Procedures for the Administration of Council’s Code of Conduct (E2020/69256) as detailed in the Report.

3. That Council adopts the amendments to the Code of Meeting Practice (E2020/69047) as detailed in the Report.

Attachments:

1 Amended Statutory Policy: Code of Conduct for Councillors, E2020/69254

2 Amended Procedures for the Administration of Council's Code of Conduct, E2020/69256

3 Amended Statutory Policy: Code of Meeting Practice, E2020/69047

REPORT

Code of Conduct

The Model Code of Conduct has been amended, with immediate effect, to:

Include in the definition of council committee and council committee members, members of audit, risk and improvement committees (ARICs) in anticipation of the commencement of the requirement for all councils to appoint an ARIC following the next local government elections.

The definition now reads:

council committee member a person other than a councillor or member of staff of a council who is a member of a council committee other than a wholly advisory committee, and a person other than a councillor who is a member of the council’s audit, risk and improvement committee

Update the language used to describe the various heads of discrimination in clause 3.6 to reflect more contemporary standards.

Clause 3.6 has been amended to read:

3.6 You must not harass or unlawfully discriminate against others, or support others who harass or unlawfully discriminate against others, on the grounds of age, disability, race (including colour, national or ethnic origin or immigrant status), sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding, sexual orientation, gender identity or intersex status or political, religious or other affiliation.

Amend the gifts and benefits provisions as follows:

· lift the $50 cap on the value of gifts that may be accepted to $100

· clarify that items with a value of $10 or less are not “gifts or benefits” for the purposes of the Model Code of Conduct and do not need to be disclosed

· clarify that benefits and facilities provided by councils (as opposed to third parties) to staff and councillors are not “gifts or benefits” for the purposes of the Model Code of Conduct, and

· remove the cap on the value of meals and refreshments that may be accepted by council officials in conjunction with the performance of their official duties.

Clauses 6.2, 6.9 to 6.12 now read

6.2 A reference to a gift or benefit in this Part does not include:

a) items with a value of $10 or less

b) a political donation for the purposes of the Electoral Funding Act 2018

c) a gift provided to the council as part of a cultural exchange or sister-city relationship that is not converted for the personal use or enjoyment of any individual council official or someone personally associated with them

d) a benefit or facility provided by the council to an employee or councillor

e) attendance by a council official at a work-related event or function for the purposes of performing their official duties, or

f) free or subsidised meals, beverages or refreshments provided to council officials in conjunction with the performance of their official duties such as, but not limited to:

i) the discussion of official business

ii) work-related events such as council-sponsored or community events, training, education sessions or workshops

iii) conferences

iv) council functions or events

v) social functions organised by groups, such as council committees and community organisations.

6.9 Gifts or benefits that exceed $100 in value are gifts or benefits of more than token value for the purposes of clause 6.5(d) and, subject to clause 6.7, must not be accepted.

6.10 Gifts and benefits of more than token value include, but are not limited to, tickets to major sporting events (such as international matches or matches in national sporting codes) with a ticket value that exceeds $100, corporate hospitality at a corporate facility at major sporting events, free or discounted products or services for personal use provided on terms that are not available to the general public or a broad class of persons, the use of holiday homes, artworks, free or discounted travel.

6.11 Where you have accepted a gift or benefit of token value from a person or organisation, you must not accept a further gift or benefit from the same person or organisation or another person associated with that person or organisation within a single 12-month period where the value of the gift, added to the value of earlier gifts received from the same person or organisation, or a person associated with that person or organisation, during the same 12-month period would exceed $100 in value.

6.12 For the purposes of this Part, the value of a gift or benefit is the monetary value of the gift or benefit inclusive of GST.

Councils are not obliged to amend their codes of conduct to lift the cap on the value of gifts that may be accepted if they do not wish to. It is open to councils to retain the existing $50 cap or to impose another cap that is lower than $100.

This Report recommends that Council retain the existing $50 cap on the value of gifts.

Remove as a breach, failure to comply with a council resolution requiring action in relation to a code of conduct breach (because it is now redundant)

Clause 9.9 has been removed.

Procedures

The Procedures have been amended, with immediate effect, to:

Provide options for Councils when taking disciplinary action against councillors for breaches of their codes of conduct

o that a councillor be formally censured for the breach under section 440G of the Local Government Act 1993 (the Act), or

o that a councillor be formally censured for a breach under section 440G and the matter referred to OLG for further disciplinary action under the misconduct provisions of the Act.

Amend the process for censuring councillors for breaches of the code of conduct by ensuring that councillors are made publicly accountable to their electors for their conduct. When censuring councillors, councils will be required to specify in their resolution the grounds on which the councillor is being censured by disclosing the investigator’s findings and determination and any other grounds that the council considers may be relevant or appropriate.

Allow Councillors to avoid public censure for breaches of the code of conduct by voluntarily agreeing to undergo training or counselling, to apologise for their conduct or to give undertakings not to repeat their conduct before the investigator finalises their report to the council. Investigators will be able to finalise their investigations without a report to the council where they consider these to be an appropriate outcome to the matter they are investigating. However, it remains open to investigators to finalise their report and to recommend censure where they consider this is appropriate and warranted.

Provide a streamlined process for referral by councils of code of conduct breaches by councillors to OLG for further disciplinary action under the misconduct provisions of the Act. Investigators are required to consult with OLG before recommending the referral of matters to ensure the conduct in question is sufficiently serious to warrant disciplinary action for misconduct and that there is sufficient evidence of the breach to allow OLG to take further disciplinary action.

Current clauses 7.36-7.40 have been replaced with the following:

7.36 At a minimum, the investigator’s final report must contain the following information:

a) a description of the allegations against the respondent

b) the relevant provisions of the code of conduct that apply to the alleged conduct investigated

c) a statement of reasons as to why the matter warranted investigation (having regard to the criteria specified in clause 6.23)

d) a statement of reasons as to why the matter was one that could not or should not be resolved by alternative means

e) a description of any attempts made to resolve the matter by use of alternative means

f) the steps taken to investigate the matter

g) the facts of the matter

h) the investigator’s findings in relation to the facts of the matter and the reasons for those findings

i) the investigator’s determination and the reasons for that determination

j) any recommendations.

7.37 Where the investigator determines that the conduct investigated constitutes

a breach of the code of conduct, the investigator may recommend:

k) in the case of a breach by the general manager, that disciplinary action be taken under the general manager’s contract of employment for the breach, or

l) in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the LGA, or

m) in the case of a breach by a councillor, that the council resolves as follows:

i) that the councillor be formally censured for the breach under section 440G of the LGA, and

ii) that the matter be referred to the Office for further action under the misconduct provisions of the LGA.

7.38 Where the investigator proposes to make a recommendation under clause 7.37(c), the investigator must first consult with the Office on their proposed findings, determination and recommendation prior to finalising their report, and must take any comments by the Office into consideration when finalising their report.

7.39 Where the investigator has determined that there has been a breach of the code of conduct, the investigator may, in addition to making a recommendation under clause 7.37, recommend that the council revise any of its policies, practices or procedures.

7.40 Where the investigator determines that the conduct investigated does not constitute a breach of the code of conduct, the investigator may recommend:

a) that the council revise any of its policies, practices or procedures that a person or persons undertake any training or other education.

7.41 The investigator must provide a copy of their report to the complaints coordinator and the respondent.

7.42 At the time the investigator provides a copy of their report to the complaints coordinator and the respondent, the investigator must provide the complainant with a written statement containing the following information:

a) the investigator’s findings in relation to the facts of the matter and the reasons for those findings

b) the investigator’s determination and the reasons for that determination

c) any recommendations, and

d) such other additional information that the investigator considers may be relevant.

7.43 Where the investigator has determined that there has not been a breach of

the code of conduct, the complaints coordinator must provide a copy of the investigator’s report to the general manager or, where the report relates to the general manager’s conduct, to the mayor, and this will finalise consideration of the matter under these procedures.

Current clauses 7.44 to 7.46 have been removed and replaced by

7.44 Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation under clause 7.37, the complaints coordinator must, where practicable, arrange for the investigator’s report to be reported to the next ordinary council meeting for the council’s consideration, unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case the report must be reported to the first ordinary council meeting following the election.

7.45 Where it is apparent to the complaints coordinator that the council will not be able to form a quorum to consider the investigator’s report, the complaints coordinator must refer the investigator’s report to the Office for its consideration instead of reporting it to the council under clause 7.44.

Current clause 4.47 and following have been renumbered commencing from 7.46

Current clause 7.59 has been removed and replaced by:

7.58 A council may by resolution impose one of the following sanctions on a respondent:

a) in the case of a breach by the general manager, that disciplinary action be taken under the general manager’s contract of employment for the breach, or

b) in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the LGA, or

c) in the case of a breach by a councillor:

i) that the councillor be formally censured for the breach under section 440G of the LGA, and

ii) that the matter be referred to the Office for further action under the misconduct provisions of the LGA.

7.59 Where the council censures a councillor under section 440G of the LGA, the council must specify in the censure resolution the grounds on which it is satisfied that the councillor should be censured by disclosing in the resolution, the investigator’s findings and determination and/or such other grounds that the council considers may be relevant or appropriate.

The Procedures have been amended to allow the referral of investigators’ reports to OLG for action under the misconduct provisions of the Act where the council will not have a quorum to deal with the matter.

Current clauses 7.61 and 7.62 has been removed and replaced by:

7.61 Where the council resolves not to adopt the investigator’s recommendation, the complaints coordinator must notify the Office of the council’s decision and the reasons for it.

Other amendments have been made to the Procedures to allow panels of conduct reviewers to be appointed without a resolution of the council.

Adopting the amendments

The Model Code of Conduct for Local Councils in NSW is made for the purposes of section 440 of the Local Government Act 1993. Section 440 of the Act requires every council to adopt a code of conduct that incorporates the provisions of the Model Code.

A council’s code of conduct has no effect to the extent that it is inconsistent with the Model Code. However, a council’s adopted code of conduct may prescribe requirements that are more onerous than those prescribed in the Model Code.

In respect of the amendment of a Policy the usual practice is for a report to go to Council recommending the adoption of the amendments and for the public exhibition of the amended policy for a period of 28 days. If no submissions are received the policy is formally adopted. Should there be any submissions those submissions are reported to Council.

The question to be considered is whether the usual practice applies to circumstances where the adoption of amendments to the Model Code is a statutory requirement. The elected Council has no ability to reject the Model Code amendments either of its own motion or as a result of submissions made to it.

Code of Meeting Practice

The Office of Local Government Circular 20-31 New requirement for councils to retain recordings of meetings on their websites for a minimum of 12 months prescribes that the Code of Meeting Practice be amended, with immediate effect, to:

“require recordings of meetings of the councils and committees that comprise only of councillors to be retained on the council’s website for 12 months or more.”

While Council already complies with this requirement and standard practice has been to retain audio recordings on the website indefinitely, the Code of Meeting Practice has been updated to reflect this minimum requirement.

The section pertaining to webcasting of meetings is extracted below, with the proposed amendment identified in red:

“Webcasting of meetings

5.4 All meetings of the council and committees of the council are to be webcast and retained for a period of not less than 12 months on the council’s website. The General Manager shall arrange for audio recordings of Council meetings and any Committee meeting as resolved by Council.

Note: Clause 5.19 reflects section 423 of the Regulations.

Webcast is defined in clause 22.

5.5 Clause 5.19 does not apply to parts of a meeting that have been closed to the public under section 10A of the Act or to Public Access sessions.

5.6 At the start of each meeting the chairperson is to make a statement informing those in attendance that the meeting is being webcast and that those in attendance should refrain from making any defamatory statements.

5.7 Signage that meetings will be recorded will be displayed at the public entrance to the meeting.”

It is worth noting that the requirement to webcast the Council meeting in the Code of Meeting Practice does not extend to the Public Access session, however, to provide open and transparent access during COVID-19 this has been facilitated.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

	CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 5: We have community led decision making which is open and inclusive		5.2	Create a culture of trust with the community by being open, genuine and transparent	5.2.4	Support Councillors to carry out their civic duties	5.2.4.6	Improve Council's livestreaming of Council meetings to provide increased accessibility to the community
		5.6	Manage Council’s resources sustainably	5.6.13	Manage the delivery of high quality cost effective legal services	5.6.13.3	Manage code of conduct matters

Legal/Statutory/Policy Considerations

The Local Government (General) Regulation was amended such that:

s423 Interim obligation to webcast meetings of councils and their committees

(c) a recording of each meeting of a relevant council and any committee of a relevant council all the members of which are councillors is to be retained on the council's website for at least 12 months.

Financial Considerations

Not applicable.

Consultation and Engagement

As the amendments are prescribed by legislation, there is no obligation on the part of the Council to publicly exhibit the documents or seek submissions. Therefore it is proposed that the documents be endorsed by Council.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.3

Staff Reports - Corporate and Community Services

Report No. 13.3 Election of Deputy Mayor 2020-21

Directorate: Corporate and Community Services

Report Author: Heather Sills, Corporate Planning and Improvement Coordinator

File No: I2019/2152

Theme: Corporate Management

Councillor Services

Summary:

In accordance with Section 231 of the Local Government Act 1993 Councillors can elect a Deputy Mayor. The normal practice for Byron Shire is to elect a Deputy Mayor for a period of 12 months at the first Ordinary Council meeting in September each year.

RECOMMENDATION:

1. That Council elects a Deputy Mayor for the period from 24 September 2020 for the remainder of the Council term.

2. That the method of election of the Deputy Mayor be by way of ordinary ballot.

Attachments:

1 Byron Shire Council Nomination Form Deputy Mayor 2020, E2020/58947

REPORT

In accordance with Section 231 of the Local Government Act 1993, a council may elect a Deputy Mayor to assist the Mayor in the performance of his/her duties.

(1) The councillors may elect a person from among their number to be the deputy mayor.

(2) The person may be elected for the mayoral term or a shorter term.

(3) The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.

(4) The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.

Term of the Deputy Mayor

Section 231 (2) of the Local Government Act states: “The person may be elected for the mayoral term or a shorter term” such as:

1. For a period of 12 months

2. For the period of the Mayoral Term

3. For another period determined by Council

Returning Officer

Schedule 7(1) of the Local Government (General) Regulation 2005 states that the “General Manager (or a person appointed by the General Manager) is the Returning Officer.”

Nomination

Schedule 7(2) of the Local Government (General) Regulation 2005 states that:

(1) A councillor may be nominated without notice for election as mayor or deputy mayor.

(2) The nomination is to be made in writing by 2 or more councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the returning officer.

(4) The returning officer is to announce the names of the nominees at the council meeting at which the election is to be held.

Nomination forms have been provided as an attachment to this business paper. Any completed nomination forms should be handed to the General Manager prior to the commencement of the Council meeting.

Election

Schedule 7(3) of the Local Government (General) Regulation 2005 states:

(1) If only one councillor is nominated, that councillor is elected.

(2) If more than one councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot; or by open voting.

(4) The election is to be held at the Council meeting at which the Council resolves the method of voting.

(4) In this clause:

“ballot” has its normal meaning of secret ballot;

“open voting” means voting by a show of hands or similar means.

The following additional information outlines various ballot systems. Traditionally, this Council has determined the election for Deputy Mayor by ordinary ballot.

Preferential ballot – as per its normal interpretation, the ballot papers are to contain the names of all candidates and Councillors mark their votes 1, 2, 3 and so on against the various names, so as to indicate their order of preference for all of the candidates.

Ordinary ballot – this is the usual method adopted in New South Wales. Ballots are secret with only one candidate’s name written on a ballot paper.

Where there are two candidates, the person with the most votes is elected. If the ballots for the two candidates are tied, the one to be elected is to be chosen by lots, with the first name out being declared elected.

Where there are three or more candidates, the person with the lowest number of votes is eliminated and the process started again until there are only two candidates. The determination of the election would then proceed as if the two were the only candidates. In the case of three or more candidates where a tie occurs, the one to be excluded will be chosen by lot.

Choosing by Lot – to choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen, on the basis detailed above.

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

5.2.4

Support Councillors to carry out their civic duties

5.2.4.3

Provide support to Councillors – including councillor requests, briefing sessions, provision of facilities and payment of expenses, and record keeping

Legal/Statutory/Policy Considerations

The Deputy Mayor will undertake the Mayor’s role at the request of the Mayor and in situations where the Mayor is prevented by illness, absence or other reasons from exercising the functions of the position. The role of the Mayor is defined by Section 226 of the Local Government Act 1993.

Financial Considerations

On 12 June 2014, Council resolved (14-304) in part 3: "That Council in accordance with its current practice not determine a fee payable to the Deputy Mayor."

Section 249(5) of the Local Government Act 1993 states:

(5) A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

Therefore the Deputy Mayor when acting in the role of Mayor, in instances where the Mayor has leave of absence endorsed by Council, would be paid a fee calculated on a pro-rata basis of the annual Mayoral allowance, which would be deducted from the amount of the monthly Mayoral allowance paid to the Mayor, in accordance with Section 249 of the Local Government Act 1993.

Consultation and Engagement

Not applicable.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5

Report No. 13.5 Section 355 Management Committees - resignations and appointments

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2020/1252

Theme: Society and Culture

Community Development

Summary:

This report updates Council on recent resignations to Section 355 committees.

RECOMMENDATION:

1. That a letter of thanks for Jane Shand’s service to the Durrumbul Hall Management Committee be provided to the family.

2. That the resignation from Carmel Lancaster from the Brunswick Valley Community Centre Management Committee be accepted and that a letter of thanks be provided.

3. That the resignation from Nancy English from the Marvell Hall Management Committee be accepted and that a letter of thanks be provided.

4. That the resignation from Margaret White from the Lone Goat Gallery Board of Management be accepted and that a letter of thanks be provided.

Report

This report details resignations for Section 355 committees where nominations have been received.

Durrumbul Hall

Council are requested to note that Jane Shand passed away in April. Jane provided many years of service to the Durrumbul Hall Section 355 Management Committee and will be sorely missed by the committee. The current committee have decided they do not need any additional members at this time.

Committee positions have changed with current members on this Management Committee being:

Councillors

· Cr Jeannette Martin

Community Representatives

· Rommel Albanese

· Robin Buckley

· Wayne Smith (Maintenance)

· Duncan Dey (Secretary/ Treasurer)

· Liz Elliott

· Ewan Willis

· Amber Cordell-Mollet (Chair)

Management Recommendation

That a letter of thanks for Jane Shand’s service to the Durrumbul Hall Management Committee be provided to the family.

Brunswick Valley Community Centre

A resignation has been received from Carmel Lancaster from the Brunswick Valley Community Centre Management Committee.

Current members on this Management Committee are:

Councillors

· Cr Jeannette Martin

Community Representatives

· Fran Leske (Bookings/ Secretary/ Assistant Treasurer)

· Colin Munroe (Chair)

· Jennifer Moore (Treasurer/ Assistant Secretary)

· Elizabeth Jackson

Management Recommendation

That the resignation from Carmel Lancaster from the Brunswick Valley Community Centre Management Committee be accepted and that a letter of thanks be provided.

Marvell Hall

A resignation has been received from Nancy English from the Marvell Hall Management Committee.

Current members on this Management Committee are:

Councillors

· Cr Cate Coorey

· Cr Jan Hackett (alternate)

Community Representatives

· Margaret Robertson (Booking)

· Caroline Lloyd (Chair/Maintenance)

· Jim Beatson

· Maureen Lightfoot (Treasurer)

· Christine Willmot (Secretary)

Management Recommendation

That the resignation from Nancy English from the Marvell Hall Management Committee be accepted and that a letter of thanks be provided.

Lone Goat Gallery Board of Management

A resignation has been received from Margaret White from the Lone Goat Gallery Board.

Current members on this Board of Management are:

Councillors

· Cr Michael Lyon

· Cr Simon Richardson (alternate)

Community Representatives:

· Maureen Lightfoot (Treasurer)

· Denise Napier (Chair)

· Faye Dorczak (Secretary)

· Liz Marshall

· Isabel Studer

· John Hertzberg

Management Recommendation:

That the resignation from Margaret White from the Lone Goat Gallery Board of Management be accepted and that a letter of thanks be provided.

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

1.2

Provide essential services and reliable infrastructure which meet an acceptable community standard

1.2.9

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)

1.2.9.1

Deliver program in consultation with community groups, s355 committees, Council asset managers and Plans of Management

Legal / Statutory / Policy Considerations

Management Committees and Boards of Management operate under Guidelines which state:

3.2 Committee Membership

Committee membership will number not less than four and not more than nine and each committee will state the actual number in their Terms of Reference unless otherwise decided by Council. The exception will be the Bangalow Parks (Showground) committee which numbers twelve. Council reserves the right to appoint up to two Councillors to each Committee. The total number of members includes office bearer committee members and Councillor members which are appointed by Council.

Whilst no particular qualifications are necessary (not withstanding 3.1.a), a commitment to the activities of the Committee and a willingness to be actively involved in Committee issues is essential. Committees work best when the workload is shared amongst committee members and there is evident goodwill and cooperation amongst members.

Further information on the operations and meeting minutes for these Committees and Boards can be found on Council’s web site at https://www.byron.nsw.gov.au/Council/Committees-and-groups/Section-355-Committees-and-Boards-of-Management.

Financial Considerations

Community Members of Section 355 Management Committees are volunteer positions unless otherwise resolved by Council.

Consultation and Engagement

Section 355 Committee members are nominated in response to an open period of advertising calling to fill a vacancy. To hold office and be responsible for the management of a Council facility, all community committee members will be assessed against a set of criteria. Nominations are formally submitted in writing to Council for appointment.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.6

Report No. 13.6 2020-2021 Financial Assistance Grant

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2020/1263

Summary:

The NSW Local Government Grants Commission has advised Council of its 2020-2021 Financial Assistance Grant entitlement via letter dated 21 August 2020. The letter requests that its contents be tabled at the next Ordinary Meeting of Council.

This report also provides Council with some additional information related to the Financial Assistance Grant entitlement for the 2020-2021 financial year.

RECOMMENDATION:

That Council receives and notes the 2020-2021 Financial Assistance Grant report (#E2020/67773).

Attachments:

1 Letter from NSW Grants Commission outlining 2020-2021 Financial Assistance Grant Outcome, E2020/67773

2 Details of Byron Shire Council 2020-2021 Financial Assistance Grant Entitlement, E2020/67779

3 Schedule of Financial Assistance Grants Payments 2020-2021 to NSW Councils, E2020/67786

REPORT

This report addresses that request and provides Council with some additional information related to the Financial Assistance Grant entitlement for the 2020-2021 financial year.

The monetary value of the Council’s 2020-2021 Financial Assistance Grant is provided in the table below:

Grant Component	Value $
General Purpose	2,068,396
Roads Component	1,244,610
Gross Financial Assistance Grant	3,313,006
Less CPI Adjustment from 2019-2020 General	(4,452)
Less CPI Adjustment from 2019-2020 Roads	(2,592)
Total Financial Assistance Grant 2020-2021	3,305,962

The total General Purpose component of the Financial Assistance Grant for 2020-2021 is $2,063,944 and the total Roads component is $1,242,018 after adjustments from the previous year Consumer Price Index (CPI) outcome. The gross grant allocation for Council is a 1.4% increase on the 2019-2020 Financial Assistance Grant.

The Commonwealth Government has again determined to pay part of the 2020-2021 Financial Assistance Grant in advance. In this regard, Council received a total advance payment of $1,704,286 on 26 May 2020. Grant payments received during the course of the 2020-2021 financial year will be reduced by the amount of the advance payment. Remaining instalments payable to Council in 2019-2020 are outlined in Attachment 2 along with details of the Byron Shire Council specific grant entitlement.

The Financial Assistance Grant to Council is a general purpose grant. That is, whilst it has defined components as outlined in the table above, there are no conditions attached about how Council spends it. Council recognises this grant in the General Purpose Revenues Program along with rate revenue, which is distributed to Council programs through the budget.

Incorporating the advance payment received at the end of the 2019-2020 financial year, that Council has carried forward to expend in the 2020-2021 financial year, Council’s estimated budget is approximately $55,800 below the proposed net 2020-2021 Financial Assistance Grant.

This additional $55,800 in revenue will be included in the 30 September 2020 Budget Review which will be presented to Council at the 26 November 2020 Ordinary Meeting. It is proposed the increase will be used to part address the 2020-2021 budget deficit of $356,800.

Attachment 3 provides a schedule of all Financial Assistance Grant payments to NSW Councils for the 2020-2021 financial year. The table below shows the net grant entitlements of neighbouring Councils.

Whilst each Council has its own circumstances that contribute to the grant calculations i.e. disability factors, population, property values etc., it still demonstrates the reality of how low the Financial Assistance Grant Revenue received by Byron Shire Council is relative to others locally.

2020-2021 Financial Assistance Grant Outcomes

Council	Population	Net General Purpose	Net Roads Component	Total Net Financial Assistance Grant
Ballina	44,628	3,187,246	1,479,738	4,666,984
Byron	35,081	2,063,944	1,242,018	3,305,962
Clarence Valley	51,662	7,764,904	3,377,466	11,142,370
Kyogle	8,796	2,934,194	1,657,568	4,591,762
Lismore	43,692	4,423,653	2,017,515	6,441,168
Richmond Valley	23,465	3,597,950	1,643,634	5,241,584
Tweed	97,001	7,875,490	3,006,828	10,882,318

The table below sets out the actual grant differences.

2020-2021 Financial Assistance Grant Differences

Council	Additional FAG Revenue compared to Byron $	Grant Entitlement greater then Byron (times)
Ballina	1,361,022	1.41
Clarence Valley	7,836,408	3.37
Kyogle	1,285,800	1.39
Lismore	3,135,206	1.95
Richmond Valley	1,935,622	1.59
Tweed	7,576,356	3.29

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

5.5.1.1

Financial reporting as required provided to Council and Management

Legal/Statutory/Policy Considerations

The Financial Assistance Grant is provided by the Commonwealth Government via the NSW Local Government Grants Commission. The NSW Local Government Grants Commission determines distribution to each Council in NSW from the pool of funds allocated to the State of NSW by the Commonwealth Government. Each State in Australia is required to have a Local Government Grants Commission to determine distributions.

Financial Considerations

There are no financial implications associated with this report as it is informing Council of its Financial Assistance Grant entitlement for 2020-2021.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.7

Report No. 13.7 Council Investments - 1 August 2020 to 31 August 2020

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2020/1266

Summary:

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

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

RECOMMENDATION:

That Council notes the report listing Council’s investments and overall cash position as at 31 August 2020.

REPORT

Council has continued to maintain a diversified portfolio of investments. At 31 August 2020, the average 90 day bank bill rate (BBSW) for the month of August 2020 was 0.10%. Council’s performance to 31 August 2020 was 1.17%. 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 August 2020

Schedule of Investments held as at 31 August 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
25/09/19	2,000,000	NAB	N	AA-	24/09/20	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
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
06/05/20	1,000,001	AMP Bank	Y	BBB	04/11/20	N	TD	1.65%	1,000,001.00
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
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
03/06/20	1,000,000	Auswide Bank	Y	NR	02/12/20	N	TD	1.15%	1,000,000.00
02/06/20	1,000,000	ME Bank	Y	BBB	01/12/20	N	TD	1.13%	1,000,000.00
09/06/20	2,000,000	NAB	N	AA-	07/09/20	N	TD	0.90%	2,000,000.00
30/06/20	1,000,000	The Mutual Bank	N	NR	28/10/20	N	TD	1.05%	1,000,000.00
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	Y	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
03/08/20	1,000,000	NAB	N	AA-	03/08/21	N	TD	0.85%	1,000,000.00
04/08/20	2,000,000	Suncorp	Y	A+	04/08/20	N	TD	0.70%	2,000,000.00
19/08/20	2,000,000	NAB	N	AA-	17/12/20	N	TD	0.70%	2,000,000.00
19/08/20	2,000,000	NAB	N	AA-	19/08/21	N	TD	0.80%	2,000,000.00
26/08/20	1,000,000	AMP Bank	N	BBB	26/08/20	N	TD	0.80%	1,000,000.00
N/A	9,549,431.45	CBA Business Saver	N	AA-	N/A	N	CALL	0.55%	9,549,431.45
N/A	2,511,100.63	CBA Business Saver – Tourism Infrastructure Grant	N	AA-	N/A	N	CALL	0.55%	2,511,100.63
N/A	6,102,023.52	NSW Treasury Corp	N	AAA	N/A	Y	CALL	0.12%	6,102,023.52
Total	64,911,156.60						AVG	1.17%	65,397,700.60

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

August 2020 to 31 August 2020:

Dissection of Council Investment Portfolio as at 31 August 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
9,549,431.45	CBA Business Saver	9,549,431.45	0.00
2,511,100.63	CBA Business Saver – Tourism Infrastructure Grant	2,511,100.63	0.00
6,102,023.52	NSW Treasury Corp	6,102,023.52	0.00
5,498,600.00	Bonds	5,968,486.50	469,886.50
64,911,156.60		65,397,700.60	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 August 2020 to 31 August 2020 on a current market value basis.

Movement in Investment Portfolio – 31 August 2020

Item	Current Market Value (at end of month) $
Opening Balance at 1 August 2020	69,388,090.94
Add: New Investments Purchased	8,000,000.00
Add: Call Account Additions	5,000,000.00
Add: Interest from Call Account	5,317.18
Add: Interest from Tourism Saver Account	1,172.45
Less: Investments Matured	8,000,000.00
Add: T Corp Additions	0.00
Add: Interest from T Corp	3,120.03 3
Less: Call Account Redemption	4,000,000.00
Less: T Corp Redemption	5,000,000.00
Plus: Fair Value Movement for period	0.00
Closing Balance at 31 August 2020	65,397,700.60

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

Principal Value ($)	Description	Maturity Date	Number of Days Invested	Interest Rate Per Annum	Interest Paid on Maturity $
2,000,000.00	Suncorp Bank	04/08/2020	270	1.60%	23,671.23
1,000,000.00	NAB TD	03/08/2020	91	1.00%	2,493.14
1,000,000.00	Summerland Credit Union	20/08/2020	108	1.30%	3,846.58
1,000,000.00	ME Bank	11/08/2020	91	1.27%	3,166.30
1,000,000.00	AMP Bank	26/08/2020	365	1.80%	18,000.00
1,000,000.00	MyState Bank	06/08/2020	182	1.70%	8,476.71
1,000,000.00	Macquarie Bank	24/08/2020	91	1.00%	2,493.35
8,000,000.00					62,147.31

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

Dissection of Council’s Cash Position as at 31 August 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	9,549,431.45	9,549,431.45	0.00
CBA Business Saver – Tourism Infrastructure Grant	2,511,100.63	2,511,100.63	0.00
NSW Treasury Corp	6,102,023.52	6,102,023.52	0.00
Bonds	5,498,600.00	5,968,486.50	469,886.50
Total Investment Portfolio	64,911,156.60	65,397,700.60	486,544.00

Cash at Bank
Consolidated Fund	2,906,091.69	2,906,091.69	0.00
Total Cash at Bank	2,906,091.69	2,906,091.69	0.00

Total Cash Position	67,817,248.29	68,303,792.29	486,544.00

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

5.5.2

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 13.8

Report No. 13.8 Extension of Ratepayers Payment Arrangements due to COVID-19

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2020/1269

Summary:

Council considered at the 26 March 2020 Ordinary Meeting a Mayoral Minute regarding its COVID-19 Pandemic response, which amongst a number of measures included support for individuals and businesses experiencing financial hardship. Further to this, Council considered further financial assistance and actions due to COVD-19, at the 23 April 2020 Ordinary Meeting.

This report is provided to Council to consider the need for a further extension of payment arrangements for ratepayers, for the payment of rates and charges, due to the ongoing impacts of the COVID-19 Pandemic and NSW Government decisions.

RECOMMENDATION:

That Council extends current payment arrangements for ratepayers impacted by the COVID-19 Pandemic to 31 December 2020.

REPORT

Council considered at the 26 March 2020 Ordinary Meeting a Mayoral Minute regarding its COVID-19 Pandemic response, which amongst a number of measures included support for individuals and businesses experiencing financial hardship. Further to this, Council considered additional financial assistance and actions due to COVD-19 at the 23 April 2020 Ordinary Meeting via Report 13.7 ‘COVID-19 Financial Assistance and Actions. Contained within this report was the following information:

Payment arrangements for rates and water/sewerage accounts

In accordance with resolution 20-124, Council’s Debt Management and Financial Assistance Policy has been extended to local business ratepayers.

Further to the above, Council’s website now has an online form for ratepayers to use to establish a payment arrangement.

Submitting this form generates an auto acceptance of the arrangement for a six month period from 1 April 2020 to 30 September 2020. The minimum payment required is $50 per month. During the arrangement term, interest on outstanding rates and charges will still accrue but if the arrangement is substantially honoured as agreed, interest accrued from 1 April 2020 to 30 September 2020 will be written off.

Payment arrangements established due to the COVID-19 Pandemic will be reviewed at 30 September 2020.

Council’s Debt Management and Financial Hardship Policy currently provides potential assistance to an owner/occupier. This means a ratepayer who may currently own more than one property can only make an arrangement on one property and only if they are occupying it. It is recommended this requirement be relaxed provided the ratepayer enters into a suitable payment arrangement for each of their individual properties during the period of the COVID-19 Pandemic.

Recommendation: Council relaxes the owner/occupier rule to also allow payment arrangements from owners with multiple properties provided they enter into a suitable payment arrangement for each individual property.

This report is provided to Council to consider the need for a further extension of payment arrangements for support to ratepayers in the payment of rates and charges due to the ongoing impacts of the COVID-19 Pandemic and NSW Government decisions beyond 30 September 2020, following the review outlined in Report 13.7 to the 23 April 2020 Ordinary Meeting.

At the time of writing this report, Council has received and accepted 570 payment arrangements for individual properties. Council is due to communicate with these property owners as to the next steps and is starting to receive further enquiries regarding payment arrangements following the delivery of the 2020-2021 Rate Notices, that have the first instalment payment due date of 30 September 2020. Should Council approve the proposed recommendation, existing ratepayers who are currently on payment arrangements due to COVID-19 will not need to reapply for the extension.

Since Council’s decision on 23 April 2020 to offer the payment arrangement scheme, the NSW Government via the Office of Local Government has announced the following measures that impact the payment of rates and charges:

· The Office of Local Government advised via Circular 20-12 on 17 April 2020 (regulations under Section 747B of the Local Government Act 1993) of amendments to Councils’ statutory obligations amongst other matters including the ability to adopt operational plans, revenue policies and issue rate notices one month later. Byron Shire Council utilised this amendment, adopting its Operational Plan, Revenue Policy and Budget on 30 July 2020 and issuing 2020-2021 rate notices in August 2020 with the first instalment due date extended by one month to 30 September 2020. Given that Byron Shire Council rate notices have been issued later than usual but within approved timeframes and ratepayers will be due again to pay the second instalment on 30 November 2020, they will not have the usual three month payment gap between rate instalments.

· Part of the COVID-19 Legislative Amendment (Emergency Measures-Miscellaneous) Act No 2 advised in Circular 20-18 on 19 May 2020, prevents Councils from taking legal action to recover unpaid rates and charges for six months unless specific matters have been considered. The six month period provided by the legislative amendment expires on 26 September 2020 but given current circumstances could possibly be extended. In any case, Council determined through resolution 20-171 not to undertake any debt recovery beyond issuance of a reminder notice, until 31 December 2020

· Office of Local Government Circular 20-19 issued on 26 May 2020 determined that the maximum interest rate for outstanding rates and charges for 2020-2021 is to be set at 0% from 1 July 2020 to 31 December 2020 and then change to 7% from 1 January 2021 to 30 June 2021.

Given the NSW Government decisions outlined above, to ensure consistency and given that the COVID-19 Pandemic is still ongoing, it is recommended that Council extends the payment arrangement facility endorsed at the 23 April 2020 Ordinary Meeting to 31 December 2020.

If circumstances change or there are other government directives, it may be necessary before 31 December 2020 to report further to Council on this matter, particularly if the availability of payment extensions may need to extend beyond 31 December 2020. It is important to note that Council does not have the legislative ability to write off applicable rates and charges but can make decisions as to acceptance of timing and application of interest on overdue amounts within the parameters set by the NSW Government.

It is essential for ratepayers to understand outstanding rates and charges debts accumulate over time and there will come a time when these debts will need to be recovered. Entering into and maintaining a suitable payment arrangement with an agreed payment (minimum $50 per month) acts to signal this for ratepayers in these most uncertain times.

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

Applicable Statutory Considerations associated with this report have been outlined above.

Financial Considerations

The extension of deferral of payment of rates and charges, whilst not reducing the amount of the debt payable to Council overall, has the potential to negatively influence Council’s cash flow on the basis Council will continue to maintain its expenditure levels within its adopted 2020-2021 budget. This will be actively monitored. Should Council approve the proposed recommendation in this report, it will be likely to result in an increase in Council’s outstanding rates and charges percentage. For a number of years Council has kept this below 5% but indications are at 30 June 2020 (still subject to audit) that this could now be up to 8%. Further extension of payment arrangements may increase this percentage.

More importantly though, these are unprecedented times with many people experiencing financial difficulty due to the impacts of the COVID-19 Pandemic and associated restrictions. The proposed recommendation if approved will further assist ratepayers in regard to payment of outstanding rates and charges and provide (subject to acceptance of the payment arrangement conditions) some flexibility in these difficult times.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.10

Report No. 13.10 Update on War Widows Cottage

Directorate: Corporate and Community Services

Report Author: Alexandra Keen, Grants Coordinator

Shannon McKelvey, Executive Officer

File No: I2020/1377

Summary:

To provide Council with an update on the grant funded project to refurbish and upgrade the War Widows Cottage, 34 Gordon Street, Mullumbimby NSW (Lot 4, Sec 8 DP 758725) and seek a resolution to proceed with the Project or not.

RECOMMENDATION:

That Council resolves to:

1. Proceed with the Stronger Country Communities Fund grant funded Project at the War Widows Cottage and accept the risk of liability to have to repay the grant funds in the event that Department of Planning Industry and Environment – Crown Lands does not grant Council tenure at the expiry of the current lease.

2. Allocate a budget of $60,000 towards the project with funding from the 2017/2018 Special Rate Variation Funds as outlined in the Financial Considerations section of this report.

Attachments:

1 Confidential - Attachment 1, e2020/71566

REPORT

Council, on behalf of Byron Youth Service (BYS), was successful in receiving $197,716 of funding under the Stronger Country Communities Fund Round 2 in January 2019 to upgrade and refurbish the War Widows Cottage in Mullumbimby (the Project). The War Widows Cottage is currently used by BYS to deliver outreach programs to vulnerable youth, and is one of the few sites outside of Byron Bay available for this purpose.

The War Widows Cottage is situated on Crown Land managed by the State Government.

Council leases the land from Crown Lands and subleases it to BYS.

The War Widows Cottage, is in need of upgrade. It contains asbestos and does not currently meet a number of code and accessibility requirements. Accordingly, the project being undertaken by BYS, in conjunction with Council, has NSW Crown Lands support. The project would remove some of the asbestos, install a new bathroom and laundry facility, provide disability access, construct a new training room, replace the roof, and reinstate the lawn.

The grant funding program ends in February 2021, so a final decision on whether the project proceeds or not is now needed. If the works commence in October 2020 they can be finished this financial year. A final variation to the grant timetable has been sought until the end of June 2021 to allow the works to be completed. Council is awaiting a response, and an update should be available at the meeting.

Key Issues

Funding Contract Obligations on Council

There is a clause in the Grant Funding Contract that requires Council to commit to maintaining the works for a period of 5 years after completion i.e. up to June 2026, however, Council’s current lease expires in June 2022. The Grant Funding Contract includes a clause that gives the NSW Government the right to require Council to repay the grant funds if Council does not maintain the works for the full 5 year period after construction (refer Confidential Attachment 1).

Council has been working with Department of Regional NSW (who administers the grant funding in conjunction with Department of Premier and Cabinet (DPC)) and Department of Planning Industry and Environment – Crown Lands (who manage this Crown Reserve) since May 2019 to try to remove the inconsistency between the Grant Funding Contract requirement and the lack of control Council has over future use and management of the site. In that 15 month period, Council staff met with and emailed Crown Lands many times.

Crown Lands staff were impacted by the 13 month delay between the Federal Court Native Title Determination and registration of the ILUA required by the determination, and Council staff have continued dialogue with the Department of Regional NSW which has been working with DPC as outlined below.

Council, DPIE-CL regional office staff and BYS all support the project proceeding. Three options that would enable the project to proceed are as follows:

1. The Grant Funding Contract is changed to reduce the maintenance obligation period to match the end date of the current lease.

This would be seem to be the simplest solution, given that State Government will always retain the value of the investment in its asset. However, Council’s requests to Department of Regional NSW for this change have, so far, been declined. One last request for this change has been made with a request for a response by 8 September 2020. An update will be available for the meeting.

2. That DPIE-CL grants Council a new lease or license, without the standard terms which preserve the Minister’s right to terminate in certain circumstances, for example if an Aboriginal Land Claim is upheld.

Council has been working with DPIE-CL, but so far it has not been possible for it to issue an unconditional license or extend the lease in the timeframes required by the grant program.

3. That DPIE-CL instead gives Council written confirmation that, should it decide not to issue Council with further tenure after June 2022, then DPIE-CL will indemnify Council against any claim made by NSW Government for a refund of the grant funds.

DPIE-CL is currently considering this request and an update will be available for the meeting.

If one of the above options does not occur, the only remaining option if the project is to proceed, is for Council to accept the risk of future financial liability and resolve that the works proceed under the funding contract, in the knowledge that Council may not be able to meet its contractual obligations to maintain the works for 5 years after construction.

Council staff cannot know whether the State Government would ever try to act on the maintenance clause, but can anticipate that it could become a contentious issue. In effect the State Government would be asking a local council to repay grant funds, when decisions about the lease and future use of the building were not within that council’s control.

In the circumstances and given the volume of correspondence Council has with which to back up the reasonableness and extent of the efforts Council has gone to, staff recommend proceeding and accepting the risk, however adoption of this option is beyond staff delegations.

Council has been keeping Christian Tancred, Chief Executive Officer BYS, informed of ongoing discussions. BYS, like Council, wishes to see the Project proceed. To date, approximately $16,000 of grant funding has been spent.

Additional Funds Required

In its grant application BYS did not identify or seek funding works required to comply with fire safety under Australian Building Standards. Council staff have assessed the requirements, and the costs of the additional fire safety works, needed due to the age of the building and its proximity to the building next door, are estimated at $60,000. The grant funding will not cover these costs and there is no option to seek additional grant funding.

If the project proceeds, the further $60,000 in addition to the allocated grant funding, will require a budget.

Options

Option 1

Council approves:

· The continued delivery of the Project, subject to the approval of the variation to extend the delivery date to 30 June 2021 by DPC, regardless of whether Council’s land tenure can be secured with Crown Lands beyond 30 June 2022; and

· The allocation of a further $60,000 to enable the fire safety alterations required to meet fire code standards.

Option 2

Council approves the discontinuance of the Project, and authorises staff to work with BYS and Department of Regional NSW representatives with respect to negotiating the possible return of the balance of the funding.

Staff support Option 1.

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

1.2

Provide essential services and reliable infrastructure which meet an acceptable community standard

1.2.5

Ensure ongoing maintenance and upgrade of inclusive community buildings and swimming pools

1.2.5.2

Implement successful building grants eg stronger country communities program

Legal/Statutory/Policy Considerations

Clause 20 of the Funding Deed (Confidential Attachment 1) between Council and NSW Department of Premier and Cabinet. Confidential as the funding body has not agreed to release the funding document.

Financial Considerations

If Council decides to proceed with the Project, $60,000 will need to be reallocated from the 2017-2018 SRV allocation for Community Buildings Renewals of $285,600 included in the 2020-2021 Budget from GL Account 4191.088, and transferred to GL Account 4191.079.

This expenditure, should Council approve recommendation 2 to this report, is not setting a precedent in the expenditure of Council funds on Crown Reserves. Council continually maintains Crown Reserves and their associated assets well in excess of funding received via revenue generated on Crown Reserves. In addition, specifically Council has previously expended its own funding on the War Widows Cottage when in the 2012/2013 financial year it expended $9,900 on repair works.

Consultation and Engagement

Byron Youth Service

Manager, Social and Cultural Development

Manager, Assets and Major Projects

Project Manager, Assets and Major Projects

Department of Regional New South Wales

Department of Planning Industry and Environment – Crown Lands

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11

Staff Reports - Sustainable Environment and Economy

Report No. 13.11 Report on the restoration and regeneration of riparian zones in Byron Shire

Directorate: Sustainable Environment and Economy

Report Author: Lizabeth Caddick, Biodiversity Officer

File No: I2020/1231

Summary:

This report provides information as per Council Resolution 20-191:

1. That Council staff provide a report on work done in the Shire by Byron Shire Council, in the last 5 years, on the restoration and regeneration of riparian zones, including:

a) any work or progress with cattle-holding landowners to fence off riparian areas;

b) any riparian rehabilitation done with a view to effecting/reducing sediment runoff;

c) any grant funding opportunities used, or available for use in this area;

d) the effect of dams of waterways and the legality of creating new dams on private property that block a water course.

2. Where able to collate information, the staff report to also include work done by Brunswick Valley Land Care, Local Land Services, other local environmental groups and private land owners in the last 5 years on the restoration and regeneration of riparian zones as per points 1 a-d.

3. That a report be brought to Council responding to points 1 and 2 before September 2020.

Available riparian restoration data for the past 5 years is presented, as sourced from Council records and records held by local volunteer conservation groups.

RECOMMENDATION:

That Council notes the report on the restoration and regeneration of riparian zones in Byron Shire.

REPORT

At the Council meeting of 23 April 2020, staff were requested to report on riparian restoration and regeneration in the Shire, as per Resolution 20-191:

1. That Council staff provide a report on work done in the Shire by Byron Shire Council, in the last 5 years, on the restoration and regeneration of riparian zones, including:

a) any work or progress with cattle-holding landowners to fence off riparian areas;

b) any riparian rehabilitation done with a view to effecting/reducing sediment runoff;

c) any grant funding opportunities used, or available for use in this area;

d) the effect of dams of waterways and the legality of creating new dams on private property that block a water course.

3. That a report be brought to Council responding to points 1 and 2 before September 2020.

Riparian restoration and regeneration

Table 1 below gives a summary of riparian restoration and regeneration projects carried out by Council and other community environmental groups over the past five years. The table includes information on where stock protection (e.g. fencing) has been used, and also identifies funding sources.

Riparian restoration is defined as restoration that occurs on land alongside creeks, streams, gullies, rivers and wetlands. For this report we have aimed to include projects that have occurred within a 100m buffer of a waterway. It is important to note, however, that some of the projects listed below are not exclusively riparian restoration projects, although they include riparian areas. Some of the project costs listed below reflect the restoration cost for a whole site rather than just the riparian part of this site.

Riparian restoration work carried out by Council over the last 5 years covers approximately 65.5 ha across 20 sites. This includes sites on Council owned/managed land that are being restored by Councils bush regeneration team, as well as privately owned sites restored as part of grant-funded projects, including Byron Habitat Corridors, Koala Connections and the North East Hinterland Koala Conservation project. Of these sites, around 31 ha are at a maintenance level, whilst restoration is still in progress at the other sites.

Riparian restoration sites restored by environmental groups under the Brunswick Valley Landcare umbrella total around 30 ha. This figure is likely to be an underestimate, as not all community groups contacted were able to provide all their data within the timeframe available. Of the 40 groups contacted, 20 responded. Of these, 10 groups had done some work on riparian sites and 8 of these were able to contribute information.

Use of stock exclusion, including fencing and tree guards, was reported on 12 of the sites listed in Table 1. Fencing is essential where riparian restoration is undertaken on grazing properties, and can add significant cost to a project.

Table 1 – Riparian Restoration Works in Byron Shire 2015-2020

BSC = Byron Shire Council

CL = Crown Land

NSW ET = New South Wales Environment Trust

LLS = Local Land Services

DPIE = NSW Department of Planning, Industry and Environment

BVL = Brunswick Valley Landcare

Site	Project Name	Area restored or revegetated (ha)	Length of riparian habitat restored (m)	Tenure	Project Manager	Project Cost	Funding Source	Maintenance level	Fencing/ stock excluded
Byron Creek -Bangalow Weir	Bangalow Weir	2.78	490	BSC	BSC	$14,875 from 16.01.19	BSC	In progress	no
Brunswick River -Brunswick Heads Boat Ramp	Bringing Back The Bruns	8.96	480	CL/ BSC	BSC	$28,100 from 31.10.16	BSC	Maintenance level	no
Marshalls Creek - Casons Lane, New Brighton	Restoring fish habitat on Marshalls Creek, Brunswick River	0.21	230	BSC road reserve	BSC	$2,200 from 31.05.18	BSC	Maintenance level	no
Brunswick River - Casuarina Street, Mullumbimby	Bringing Back The Bruns	2.42	600	BSC road reserve	BSC	$10,650 Project commenced 26.09.19	BSC	In progress	No
Brunswick River - Horse Paddock zones 1 & 2, Mullumbimby	Bringing Back The Bruns	1.86	560	BSC	BSC	$30,325 from 10.01.17	BSC	Maintenance level	Yes
Brunswick River -Mullum Footy Club	Bringing Back The Bruns	1.17	455	BSC	BSC	$10,425 from 10.08.16	BSC	Maintenance level	Yes
Paddys Creek - Bangalow	Flying Improvement	2.58	384	BSC	BSC	$53,110	BSC	In progress	No
Brunswick River - Rotary Rainforest Park Zone 1, Mullumbimby	Bringing Back The Bruns	0.62	310	CL/ BSC	BSC	$4,150 from 24.01.18	BSC	Maintenance level	No
Simpsons Creek - South Beach Lane, Brunswick Heads	Bringing Back The Bruns	0.92	235	CL/ BSC	BSC	$7,075 Project commenced 22.03.18	BSC	Maintenance level	No
Saltwater Creek & Mullumbimby Creek - Stewart Park, Mullumbimby	Bringing Back The Bruns	1.42	607	CL/ BSC	BSC	$20,000 from 25.02.20	CL/BSC	In progress	No
Brunswick River - STP Brunswick Valley - Zone 1	Bringing Back The Bruns	12.7	697	BSC	BSC	$10, 000 from 20.05.19	BSC	In progress	Yes
Brunswick River - STP Brunswick Valley - Zone 2	Bringing Back The Bruns	4.01	1086	BSC	BSC	$23,700 from 19.10.17	BSC	Maintenance level	Yes
Brunswick River - STP Brunswick Valley - Zone 3	Bringing Back The Bruns	10.37	1017	BSC	BSC	$63,900 from 10.01.19	BSC	Maintenance level	Yes
Brunswick River - STP Brunswick Valley - Zone 4	Bringing Back The Bruns	2.97	482	BSC	BSC	$19,725 from 08.08.18	BSC	In progress	Yes
Brunswick River - STP Brunswick Valley - Zone 5	Bringing Back The Bruns	2.82	502	BSC	BSC	$14,700 from 29.08.18	BSC	Maintenance level	Yes
STP Bangalow - Dudgeons Lane	Byron Habitat Corridors 2017-21	0.97	150	BSC	BSC	$46,795.31	BSC	In progress	Yes
Byron Habitat Corridors sites: Left Bank Road Mullumbimby & Dingo Lane Myocum	Byron Habitat Corridors 2017-21	3.34	400	Private	BSC	$28,000.00	NSW ET Grant (2016_SL-0006)	In progress	Yes
Dingo Lane Myocum	NE Hinterland Koala Conservation Project	0.5	450m	Private	BSC	$8,000	DPIE Saving our Species program	In progress	Yes
Coopers Lane South, Main Arm	Koala Connections	4.78	320	Private	BSC & Tweed Shire Council	unknown	Australian Government Biodiversity Fund	Unknown	n/a
Simpsons Creek - Koala Corridor-restore, enhance and connect-Stage 1	NSW ET Restoration Grant	15.94	2464	Private	Brunswick Valley Landcare	$94,400	NSW ET Restoration Grant - 2016/RR/0014	Maintenance level	Yes
Simpsons Creek - Gondwanna Community, Tyagarah	Targeted Engagement Grants Northern SEL-Year 2	1	77	Private	Brunswick Valley Landcare	$49,852	North Coast LLS - Contract #NC00365	In progress	N/A
Simpsons Creek, The Farm (Byron Bay)	Simpsons Creek Eastern Headwaters Rehabilitation Project - Year 1	0.5	401	Private	Brunswick Valley Landcare	$11,742	North Coast LLS	Unknown	Yes
Marshalls Creek - Ocean Shores	Restoring fish habitat on Marshalls Creek, Brunswick River	4.75	530	CL/ Private	Brunswick Valley Landcare	$39,705	NSW DPI Habitat Action Grant	Maintenance level	No
Brunswick River - Main Arm Road - Fish Habitat project	Ozfish planting	0.2054	128	Private	Brunswick Valley Landcare	$9,706	Ozfish, BCF & Zero Emissions Byron	In progress	N/A
Brunswick River -Coral avenue, Mullumbimby	SOS - Phyllanthus microcladus	0.96	37.94	CL/ Private	Brunswick Valley Landcare	$22,800	DPIE Saving our Species program	Maintenance level	No
Marshalls Creek - Jinangong Nature Reserve	Jinangong Nature Reserve	1.6	200	Crown	Jinangong Nature Reserve volunteers	In kind only	No funding	Maintenance level	N/A
Byron creek - All Souls Church - Bangalow	Bangalow Land and River Care	0.99	482.3	CL/ Private	Bangalow Land and River Care	$58,080	2 Million Trees	Unknown	N/A
Brunswick River -Heritage Park, Mullumbimby	Ongoing maintenance	1.24	268	CL / BSC	Heritage Park Landcare Group	$2,000	BVL locality grant	In progress	N/A
Marshalls Creek tributary - Yallakool Drive reserve, Ocean Shores	Community rainforest restoration and walking trail in YallaKool Reserve	0.23	80	BSC	Brunswick Valley Landcare	$49,818	National Landcare Program – Environment Small Grants NLESG67914	In progress	N/A
Wilson's and Coopers Creeks, Goonengerry	Bush Connect (2019 - Year 5 of 6), Restoration and linkage of Wilsons and Coopers Creeks	0.62	672.3	Private	Goonengerry Landcare & Wilson's Creek Huonbrook Landcare consortium.	$75,519.36 - whole project cost to date (riparian areas are a portion of this).	NSW Environment Trust R&R Grant - ref: 2015/BC/0013	In progress	N/A
Upper Wilson's and Cooper's Creek Catchments	Upper Wilson's and Cooper's Creek Catchments - Goonengerry to Federal Linkages 2018	0.27	276.71	Private	Goonengerry Landcare Group Inc.	$44,884.58 whole project cost to date (riparian areas are a portion of this).	NSW Environment Trust R&R Grant - ref: 2018/RR/0043	In progress	N/A
Brushbox Drive and Left Bank Rd	Tristran Parade – Landcare Locality Group working bees	0.9	230	Private	Tristran Parade Landcare Locality Group	$2,500	BVL locality grant	In progress	N/A

All riparian restoration projects listed in Table 1 will help to reduce the impact of sediment run off.

The roots of weedy species generally don’t grow down below the water level like those of native plants, resulting in river bank destabilisation and erosion. A healthy functioning riparian zone planted with native species contributes to good water quality by stabilising river banks and providing filtration for overbank runoff. Furthermore, non-native plants don’t usually supply the right nutrients for the river and weedy vines can pull down native trees, reducing shade which is important for river health.

Grant funding for riparian restoration

Several funding sources are available for riparian restoration, including:

· Environmental Trust Restoration and Rehabilitation Grants

https://www.environment.nsw.gov.au/funding-and-support/nsw-environmental-trust/grants-available/environmental-restoration-and-rehabilitation

· Habitat Action Grants

https://www.dpi.nsw.gov.au/fishing/habitat/rehabilitating/ahr-grants-program

· Flagship Fish Habitat Rehabilitation Grant

https://www.dpi.nsw.gov.au/fishing/habitat/rehabilitating/ahr-grants-program/flagship-fish-eoi

Some recent funding sources for Council riparian restoration projects are listed below. Not all of these projects were developed with the primary objective of riparian restoration – projects have also been included where riparian areas were restored for other project objectives (e.g. creation/protection of koala habitat)

· NSW Environment Trust, Byron Habitat Corridors Project, $28,000.

· NSW DPIE Saving Our Species Iconic Koala program, NE Hinterland Koala Conservation project, $8,000.

· NSW Fisheries, Bringing Back the Bruns project, Mullumbimby bank rehabilitation, $40,000.

· NSW Environment Trust, Flying Improvement Project, Paddy’s Creek, Bangalow, $65,800.

Impact of dams on waterways

The effects of damming a watercourse are relative to the scale of the watercourse, it’s location in the catchment and the size and purpose of the dam. In general, a dam on a watercourse will have positive effects for habitation and primary production but is likely to create negative ecological and geomorphic effects. It can also influence neighbourly relations, often in a negative way.

Positive impacts of dams include:

· Ongoing, unseasonal and poor season availability of water for domestic and commercial supply.

· Enable planning and forecasting of primary production.

· Easy access, convenience of location.

· Provision of some aquatic and terrestrial habitat for native species. Vast amounts of literature are available to assist in incorporating wildlife habitat in and around farm dams.

· Initial retention of high flows in larger dams and on intermittent streams (flood proofing).

· Provision of water for fire fighting.

· Sediment retention in poor condition, high surface erosion catchments.

Negative impacts of dams include:

· Creation of unnatural barriers for fish and other organism movement and migration.

· Dams may result in the reduced occurrence of flow variability which results in:

o instream build up of silt and gravels in riffles and bars from lack of regular flushing;

o decrease in the connectivity of in-channel pools and floodplain wetlands from reduction of flow from upstream dams;

o reduction in high flow triggers affecting breeding and migration cycles for many native organisms;

o a more stable flow that suits some exotic aquatic pests that are usually unable to cope with seasonal or normal flow variability.

· Upstream capture and water use may reduce the amount of available runoff downstream to neighbours (at local, regional, state and international levels).

· Erosion is often experienced downstream of a dam. Stream size, width, depth, shape and meander pattern is determined naturally over thousands of years by the amount and consistency of runoff, surrounding landforms, geology and available sediment load. In its natural state a waterway is a balanced system that can withstand minor changes. A major change to any one of these parameters upsets the balance. When dammed, sediment drops from the water column as the water slows. Water then released from the dam generally has less or no sediment, therefore it has increased energy until sediment is picked up (erosion) and transported in the flow (siltation and saltation) until a balance is re-established.

For more information, refer to: https://theconversation.com/rivers-rain-and-releases-what-happens-when-you-dam-a-waterway-3934

Requirements for creating a legal dam

In NSW, a dam may be constructed on a watercourse for domestic and commercial purposes. Dams usually can’t be built just anywhere, some require licence and others don’t. Location and purpose will determine whether a dam can be built and whether a licence is required. Generally, dams for commercial water supply or irrigation require a licence.

Water NSW is the Government agency responsible for the assessment of applications for the licencing of dams and the licencing of the water use.

Harvestable rights

Owners or occupiers of land can collect a proportion of the rainfall run-off from the land in one or more dams without a water licence, water supply work approval, or water use approval.

Restrictions on the size of the dams and the location of the dams apply. The water captured in a harvestable rights dam cannot be supplied to any other property.

Dams that do not require a licence:

· Dams that capture water under a harvestable right

· Dams built before 1999

· Dams up to one mega litre on small properties

The following Water NSW fact sheets provide further detail regarding licensing and locating dams:

1. Dams in NSW- Do you need a licence? https://www.waternsw.com.au/__data/assets/pdf_file/0003/128352/2.-Dams-in-NSW-Do-you-need-a-licence-V2.pdf

2. Dams in NSW – Where can they be built? https://www.waternsw.com.au/__data/assets/pdf_file/0003/128379/3.-Dams-in-NSW-where-can-they-be-built_v2.pdf

3. The harvestable rights calculator which informs landholders who wish to build a Harvestable Rights dam (discussed in fact sheet Link 1) https://www.waternsw.com.au/customer-service/water-licensing/basic-landholder-rights/harvestable-rights-dams/maximum-harvestable-right-calculator

In summary:

· Landholders may construct and use a dam to store different kinds of water taken under different rights and licences (see link 1).

· The location and purpose of a proposed dam within the catchment will determine whether a licence is required or not (see link 2).

· If a landholder is able to build a harvestable right dam (links 1 and 2), the total capacity of the dam or dams is determined using the calculator (link 3).

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 3: We protect and enhance our natural environment	3.1	Partner to protect and enhance our biodiversity, ecosystems and ecology	3.1.1	Protect and enhance our natural environment and biodiversity	3.1.1.1	Implement the Biodiversity Conservation Strategy
Community Objective 3: We protect and enhance our natural environment	3.1	Partner to protect and enhance our biodiversity, ecosystems and ecology	3.1.1	Protect and enhance our natural environment and biodiversity	3.1.1.6	Investigate opportunities for Council to provide incentives for landholders to conduct restoration works on their properties that will assist with long term biodiversity conservation.(Biodiversity Conservation Strategy action)
Community Objective 3: We protect and enhance our natural environment	3.1	Partner to protect and enhance our biodiversity, ecosystems and ecology	3.1.2	Restore degraded areas and habitats that have or provide significant or high environmental and or community value	3.1.2.1	Undertake bush regeneration activities to maintain and expand restoration of HEV sites on Council owned or managed lands forming part of the Council bush regeneration program
Community Objective 3: We protect and enhance our natural environment	3.1	Partner to protect and enhance our biodiversity, ecosystems and ecology	3.1.2	Restore degraded areas and habitats that have or provide significant or high environmental and or community value	3.1.2.4	Progression of high profile sites to maintenance levels for restoration works
Community Objective 3: We protect and enhance our natural environment	3.2	Strive to become a sustainable community	3.2.2	Support community environmental and sustainability projects	3.2.2.5	Support Brunswick Valley Landcare to deliver the Land for Wildlife Program and biodiversity enquiries
Community Objective 3: We protect and enhance our natural environment	3.3	Partner to protect and enhance the health of the Shire’s coastlines, estuaries, waterways and catchments	3.3.1	Implement Coastal Management Program	3.3.1.3	Continue Bringing Back the Brunswick River Project

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

N/A

Consultation and Engagement

Community environmental groups that have contributed information to this report are listed in Table 1 above.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.12

Staff Reports - Infrastructure Services

Report No. 13.12 Byron Shire Rail with Trail

Directorate: Infrastructure Services

Report Author: Therese Black, Business Analyst

File No: I2020/1251

Summary:

The purpose of this report is to provide a detailed project update and to document specific progress on Council Resolutions 19-335 and 20-127.

Work has continued to realise the re-activation of the Byron Bay to Mullumbimby “Rail with Trail”, despite the absence of a 2020/21 budget allocation. The remaining actions from Res 19-335 are duplicated within the later Res 20-127. The key activities that have been addressed since the previous Council Report are as follows:

Communication with identified Government departments

On 19 June 2020 letters were emailed to Infrastructure Australia, Infrastructure NSW, TfNSW, DPIE Chris Hanger and Craig Jenkins. However, no direct responses have yet been received.

Engineering Assessment

A key constraint to understanding the condition of the rail infrastructure within the rail corridor is the heavy vegetation growing both on and adjacent to the embankment. This will need to be addressed to allow end-to-end access to the rail line. During meetings in February 2020, Chris Hanger and Craig Jenkins confirmed that the NSW government currently has no budget to assist with this vegetation clearing.

To understand the methodology required to complete the required detailed engineering assessment of the existing rail infrastructure, Arcadis Australia has undertaken a trial Point Cloud Scan and Digital Engineering Solution for the assessment of a single rail bridge in Tyagarah. The images taken were used to create 2D and 3D models to provide detailed data on the condition of the structural elements, capacity and reparation work required under differing loads. The Arcadis proposal identifies the pros and cons of this approach and the deliverables that could be provided using a digital solution rather that the more traditional bridge assessment. (see Appendix A - E2020/67895 - BSC Bridge assessment proposal final Arcadis wAppendicies)

Governance Framework

There are three primary ways a rail trail (or Rail with trail) can be managed through the delivery and operation of the Rail with Trail, and each of the three models has its advantages and disadvantages;

1. Local Government as the sole manager, e.g. Railway Reserves Heritage Trail, WA; Mary to Bay Rail Trail, QLD.

2. Local Government leading a partnership with other stakeholders; NSW Government and community, e.g. Murray to the Mountains, Victoria.

3. Local Government as part of the management structure, e.g. Great Southern Rail Trail Victoria; Riesling Trail, SA

The preferred model for rail trail management across Australia (i.e. the one that is the most common) is one where the Local Government or Government has a lead role in partnership with other stakeholders.

Governance of a combined vehicle on rail and trail off embankment (Rail with Trail) as proposed in Byron Shire, could pose key points of difference to uniquely trail models.

Integrated Transport Strategy

Council staff can confirm the activation of the Rail Corridor has been incorporated into the Draft Integrated Transport Strategy. This strategy will include a list of recommended projects and actions to be progressed over a 20 year horizon. While the draft version of the strategy is still under development, in consultation with TIAC, it is expected that a number of actions will be included in the final version of the strategy that specifically relate to the activation of the Rail Corridor supported by Park and Ride and other measures to promote active and public transport.

RECOMMENDATION:

1. That Council closes Resolution 19-335, with the remaining actions being duplicated within Resolution 20-127.

2. That Council considers a budget allocation at the September quarterly review to undertake further work on the Rail with Trail on the corridor between Mullumbimby and Byron Bay.

Attachments:

1 24.2017.33.1 BSC Bridge assessment proposal final_Arcadis_wAppendicies, E2020/67895

REPORT

The purpose of this report is to document progress on Council Resolutions 19-335 and 20-127.

Work has continued on the re-activation of the Byron Shire Rail Corridor “Rail with Trail” project. The progress on the actions from Res 19-335 is as follows:

1. Supports the preferred option of a “Rail with Trail” use for the Byron Shire Rail Corridor as an outcome of the Feasibility Study completed by Arcadis Australia Pacific Pty Ltd. (Closed - No action required)

2. Prioritise the removal of vegetation and maintenance of drainage within the rail corridor as the first stage towards reactivating the rail corridor, and that in relation to this prioritisation:

i. Note the recent meeting between the General Manager, Director of Sustainable Environment and Economy and Mayor with the Hon. Ben Franklin MP and Minister of Regional Transport, the Hon. Paul Toole, and thank the Minister for his acknowledgment that the Byron Shire section of the Casino to Murwillumbah Rail Corridor could facilitate a Rail with Trail activation if further feasibility investigations supported this outcome and that clarity of where ongoing rail corridor maintenance responsibility lies will be forthcoming. (Completed)

ii. Notes and endorses the unanimous support by the Northern River Joint Organisation for the prioritisation of removing vegetation from within the rail corridor and its request to the State Government for its immediate removal in order to commence reactivation of the rail corridor as resolved at the 16 August, 2019 ordinary meeting of the NRJO. (Completed)

3. Concurrently, prioritise the investigation into and eventual recommendation of the preferred governance model to manage the Casino to Murwillumbah Rail Corridor reactivation project, with a specific focus on the Rail with Trail activation within Byron Shire. (Work in Progress - see Res 20-127 Item 3)

4. Endorse further investigation of a “Rail with Trail” option, including the following activities for reactivating the Byron Shire Rail Corridor:

i. Letter of Understanding with NRJO to collaborate on a Northern Rivers Rail Corridor Reactivation Project (Casino to Murwillumbah), incorporating a Rail with Trail project in Byron Shire. (Completed)

ii. Undertake further design and engineering assessment work to prepare for track based transport vehicles (on formation) to be grant and/or investment ready and that this includes reviewing the Office of the National Rail Safety Regulator- Safety Management System Guideline. (Work in Progress - see Res 20-127 Item 3)

iii. Apply for grant funding, as opportunities arise, including regional economic development grant opportunities. (Work in Progress - see Res 20-127 Item 5)

5. Consider a budget allocation of $100,000 as part of the 31 December Quarterly budget review, to progress points 3 and 4. (Work in Progress - see Res 20-127 Item 11)

Provided below is an update on the key activities undertaken in response to Res 20-127:

1. Commence planning for a rail link connecting Mullumbimby and Byron Bay as part of a multi-use activation of the rail corridor. (Work in Progress - ongoing)

2. Incorporate the project as a key element of the draft Integrated Transport Strategy, which is supported by Park and Ride and other measures to promote active and public transport development within the Strategy. (Council has incorporated the activation of the Rail Corridor into the draft Integrated Transport Strategy as a key element.)

3. Prepare an economic and social business plan including development of a governance framework to support the project. (Work has commenced on the development of a governance framework – see detail below in this report)

4. Provide notice of the intention to establish a rail link to Infrastructure Australia, Infrastructure NSW, TfNSW and other relevant agencies to seek advice on funding criteria and project development. (Completed – Letters to the above were sent on 19 June 2020. However, no responses have yet been received.)

5. Investigate Federal, NSW and other funding bodies to identify funding sources including, but not limited to tourism, infrastructure, transport and climate change mitigation/adaption grants with a priority focus on funding vegetation removal within the rail corridor. (Work in Progress - currently no funding opportunities have been identified for a “Rail with Trail” project)

6. Actively seek expressions of interest from potential operators interested in providing commuter shuttle and visitor oriented services. (Work in Progress - to be commenced concurrently or after the detailed engineering assessment has been completed.)

7. Seek support including funding through Federal and NSW Ministers for Transport, Hon. Tamara Smith MP, Hon. Ben Franklin MLC and Hon. Justine Elliot MP. (Work in Progress - Letters have been drafted and awaiting responses from item 5 above. Letters to be issued in September if no feedback has been received.)

8. Receive six monthly reports on progress. (This report is the first six monthly progress reports to be issued.)

9. The business plan be included in the 20/21 Operational Plan, forward Delivery Plans and draft budget.(Included in the 20/21 Operational Plan)

10. Item 2 above be funded from the existing Integrated Transport Strategy budget. (Incorporating the activation of the rail corridor into the Integrated Transport Strategy, together with recommended projects and actions, has been and will continue to be funded from the existing Integrated Transport Strategy.)

11. Implement Actions 4, 5, 7 and 8 immediately and include as part of a rail link project in the 20/21 Operational Plan and forward Delivery Plans that includes item 6 above as an action as well as consideration of a budget for project management. (Actions 4,5,7 and 8 are variously completed or in progress, action 6 pending and the recommendation of this report is that Council consider a budget allocation at the next quarterly review)

Engineering Assessment

The final report from the feasibility study delivered by Arcadis Australia was noted by Councillors in the Council Meeting of 27th June 2019, and concluded that there would be economic, environmental and social benefits from reactivating the rail corridor for multi-use transport applications. The feasibility study concluded that the corridor potentially could support very light rail vehicles under 10 tonne axles at speeds equal or less than 60 kilometres an hour.

However, for Byron Shire Council to pursue potential funding opportunities, a robust business case is required, with an important element of this to undertake detailed structural assessments of the rail corridor infrastructure to confirm condition and capacity assumptions, and to develop an accurate scope and estimate of the reparation works required to reactivate the corridor under different transport modes.

Arcadis Australia has proposed a digital methodology to undertake the structural assessments that minimises costs and high-risk manual site inspection activities whilst providing the level of detail and accuracy required for each bridge assessment. This approach maximises the use of technology to collect the data on the structure (point cloud scanning) and applies digital processing to interpret and develop as constructed drawings which provide the dimensional details to assess the bridge/s existing capacity to deliver the required level of service.

As an example of how this technology could meet our needs and at no cost to council, Arcadis Australia has provided staff and resources to undertake a trial engineering assessment of Tyagarah rail-bridge, using point cloud scan/laser technology. The scan was conducted on Tuesday 30 June 2020. Arcadis collected over 1,000 images around the site and have created a virtual model (2D and 3D) of the bridge infrastructure. These images have allowed Arcadis engineers to undertake detailed analysis of the structural bridge elements to enable them to identify condition, capacity and reparation works under different loads, i.e. varying rail vehicles on the tracks.

A desktop audit of the rail infrastructure, limited by vegetation visibility, has identified the following structures between Mullumbimby and Byron Bay:

o 10 Bridges of varying lengths between 10m and 35m, and

o 8 Road crossings. There are several significant road crossings along the former rail corridor of the proposed rail with trail, within the existing railway line.

A key constraint to undertaking the condition assessment of the rail infrastructure within the rail corridor is the heavy vegetation growing on the embankment. This would need to be removed to allow end-to-end access to the rail line. Communication with Chris Hanger and Craig Jenkins has confirmed that the NSW government currently has no budget allocation to assist with this vegetation clearing.

Notably, the above Engineering assessment concentrates on understanding the state of the rail infrastructure on the embankment only. A secondary engineering assessment would need to be conducted to design the rail trail or shared path that would be developed alongside the rail line and off the embankment. There may be points where the two intersect and where the shared path may need to go up on the embankment. These obvious safety concerns would need to be mitigated as the need arises.

Governance Framework

There are three primary ways a rail trail (or Rail with Trail) can be managed through the delivery and operation of the Rail with Trail, and each of the three models has its advantages and disadvantages;

i. Local Government as the sole manager, e.g. Railway Reserves Heritage Trail, WA; Mary to Bay Rail Trail, QLD.

ii. Local Government leading a partnership with other stakeholders; NSW Government and community, e.g. Murray to the Mountains, Victoria.

iii. Local Government as part of the management structure, e.g. Great Southern Rail Trail Victoria; Riesling Trail, SA

Throughout Australia, and elsewhere in the world, there are only a handful of examples of where shared paths have been constructed alongside operating or ‘active’ railways. In Perth, Western Australia, for example, shared paths have been constructed along many kilometres of the suburban high speed, electrified commuter railways without issue.

The following Rail with Trail case studies have been identified as similar in nature and may present potential Governance Models that meet the needs of Byron Shire’s Rail with Trail project. They are as follows; Mary to Bay Rail Trail (Hervey Bay QLD), the Cranbourne Rail Trail (VIC).

Mary to Bay Rail with Trail: The route for this rail trail through Maryborough utilises the existing (active) railway corridor. The corridor has ample width for the alignment of an adjacent pathway/trail. The railway corridor through Maryborough serves only a handful of trains (at very slow speeds) each week, not unlike the proposed link between Mullumbimby and Byron Bay. However, barrier fencing is required to provide added safety for rail trail users and to prevent trespass along the active rail corridor.

The Mary to Bay Rail Trail is governed solely by the Fraser Coast Regional Council. Funding for this Rail Trail was in part provided by the QLD State Government.

Cranbourne Rail Trail: Local Government is the lead player in partnership with other stakeholders, i.e. Community groups. This is the most common approach used in Victoria and there is a strong argument for this model as it provides community ‘ownership’. Key stakeholders involved in rail trails strongly assert the view that community involvement needs to be significant and meaningful, and that this ownership provides a strong correlation with successful rail trails.

The final decision on a management option may well depend on the NSW Government’s position. The adopted Governance model will need to be established early to see the project through the construction and ongoing operation of the Mullumbimby to Byron Bay Rail with Trail.

The adopted Governance Model for the Mullumbimby to Byron Bay Rail with Trail will also depend on the following variables:

· land tenure,

· the organisation/s that operate vehicles on the tracks,

· the legislative change in process to permanently “Close” the line between Casino and Murwillumbah, and

· the requirements of the Office of the National Rail Safety Regulator (ONRSR).

Byron Solar Train: Byron Bay Railroad Company (BBRC) has generously shared their experience in achieving their goal of running a solar train on the 3km rail line between Bayshore Drive and Shirley St. BBRC is a not for profit company limited by guarantee and an accredited heritage rail operator. BBRC hold a non-exclusive licence from Transport for NSW to use the rail corridor and the rail infrastructure. They are required to maintain both these state-owned assets at their own cost whilst the rail corridor and rail infrastructure including any improvements made by BBRC remain the property of TfNSW.

Their key learnings are as follows;

1. Heritage Licence 2014

Discussion started in 2011 and the first trip was launched in 2018. It was a complex 7 year process from start to finish. The licence to use the rail corridor transfers all of the risks and responsibility of operations to the licensee. The requirement is to have $10 million public liability insurance. The refurbished train has the capacity for 100 seated passengers.

2. Rail Safety Regulator (ONRSR)

This was a 4 year process, with a team of 3-4 well connected rail experts on the project team. They consisted of:

o Jeff Clark (retired rail engineer and rail expert),

o Terry Brady (key gatekeeper), and a

o Track conditioner.

The final submission to the ONRSR was more than 2,000 pages.

3. The rail infrastructure is required to be audited biannually, with additional compliance requirements (weekly, monthly and annually).

It was decided to end the railway before the Shirley St intersection as the cost to continue into Byron Bay town centre further was prohibitive, (i.e. approximately $1 million for lights and signals). There is one (1) bridge and one (1) level crossing on this 3km stretch of the rail corridor.

Key issues for Byron’s Rail with Trail

o During the meeting with Chris Hanger and Craig Jenkins on Monday 17 February 2020 it was advised that there is currently no funding available for vehicles on the tracks.

o In fact, the NSW government is currently undertaking a change in legislation to formally close the rail corridor between Casino and Murwillumbah. Chris noted that it would be unlikely for the government to adopt different legislation for any section of the rail corridor between Casino and Murwillumbah. (Staff have continued this conversation with TfNSW since the initial meeting, and it is understood that the legislation will exclude the rail corridor with the Byron Shire LGA. Staff have not seen the proposed legislation but have been advised that it proposed to presented to Parliament in the near future.)

o They were also clear that there was no funding available for vegetation removal along the corridor.

o Letters were sent on 19 June to Infrastructure Australia, Infrastructure NSW, TfNSW, DPIE Cris Hanger and DPC Craig Jenkins. However, no direct responses to these have yet been received.

o Northern Rivers Rail Trail – Tweed and Richmond Valley have received government funding for a Rail Trail only and neither at this time are considering vehicles on the tracks.

o Staff have requested a meeting with TfNSW and a representative of ONRSR to discuss the progression of the Rail with Trail Project and are currently awaiting advice confirming the arrangements for this meeting.

Next steps

The important next steps to realise the reactivation of the Byron Shire Rail Corridor Stage 1 (Mullumbimby to Byron Bay) include:

o Continued progression of liaison with TfNSW

o Closure of Res 19-335; with the remaining actions being duplicated within Res 20-127.

o Consideration of a budget allocation at the September quarterly review to undertake further work on the Rail with Trail on the corridor between Mullumbimby and Byron Bay.

o meeting with TfNSW and a representative of ONRSR.

Key to the success of this project is a well connected, rail-experienced project team to drive this project through the long and complex process across legislative and compliance frameworks.

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	1.3	Support, through partnership, a network of integrated sustainable transport options	1.3.1	Ensure an integrated and accessible transport network (SP)	1.3.1.5	Provide a quarterly update report on the outcome of discussions with State government and agencies about the multi-use of the rail corridor, including any policy developments and funding opportunities identified
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.3	Support, through partnership, a network of integrated sustainable transport options	1.3.1	Ensure an integrated and accessible transport network (SP)	1.3.1.6	Develop a governance model to support rail corridor activation

Financial Considerations

Council will have the opportunity to consider a budget allocation to progress this project in 20/21 at the September quarterly review.

Consultation and Engagement

Key Stakeholders:

Government: TfNSW, NSW State and Federal Government representatives.

Neighbouring Shire Councils: Tweed, Lismore and Richmond Valley and Northern Rivers Joint Organisation (NRJO).

Community Groups: e.g. TOOT Trains on our Tracks.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.13

Report No. 13.13 2020-0028 Provision of Transport and Disposal of Waste and Recycling Materials

Directorate: Infrastructure Services

Report Author: Danielle Hanigan, Team Leader Resorce Recovery and Quarry,

File No: I2020/1355

Summary:

On 21 May 2020 the General Manager, under delegated authority, approved the use of the open tender method to call for tenders for Contract 2020-0028 Provision of Transport and Disposal of Waste and Recycling materials.

The Request for Tender was advertised from 7 August to 28 August 2020. Tenders were received from the following organisations:

· ADH Transport

· Andrew Johnston Haulage Pty Ltd

· Jorgji Pty Ltd

· Raw Metal Corp

· Remondis

· Solo Resource Recovery

· Ti Tree Bio Energy ( Veolia environmental Services ( Australia) Pty Ltd & J.J Richards Ti Tree 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 2020-0028.

RECOMMENDATION:

1. That if discussion of matters contained in Confidential Attachment 1 is required, it is recommended that pursuant to Section 10A(2)(c), and 10A(2)(d)i of the Local Government Act, 1993, Council resolve to move into Confidential Session to discuss that part of this report.

2. That the reasons for closing the meeting to the public to consider information contained in the confidential attachment are that it contains;

a) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting, or proposed to conduct, business

b) commercial information of a confidential nature that would if disclosed prejudice the commercial position of the person who supplied it.

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

4. That Council allocates an additional $216,000 funded from the Other Waste Reserve to the current adopted 2020/2021 expenditure budget for mixed waste transport and disposal (GL Account 3414.019).

5. That Council adopts the recommendation as set out in page 10 of the report – Confidential Attachment 1 (E2020/70628) as follows:-

a) Tenderer ‘x’ for Contract Term 1: General Solid Waste - Separable Portions 1.2 and 2.2 combined, defined as “other Items 2.3 Mixed MSW and C&D Waste”

b) Tenderer ‘y’ for Contract Term 2: Recyclable waste - Separable portions 3.2 and 5.2

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

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

Attachments:

1 Confidential - 2020-0028 Provision of Transport and Disposal of Waste and Recycling Materials Evaluation Panel Recommendation Report, E2020/70628

Report

On 21 May 2020 the General Manager, under delegated authority, approved the use of the open tendering method to call for tenders for Contract 2020-0028 Provision of Transport and Disposal of Waste and Recycling materials.

The Request for Tender was issued as the current Waste Transport and Disposal Contract is coming to an end, as are and the agreements in place for the transport and disposal of cardboard and co-mingled recyclables. Having a secure contract in place for the transport and disposal of these waste streams is integral to the Resource Recovery operation.

The Request for Tender sought responses from proponents to provide for the Provision of Transport and Disposal of Waste and Recycling Materials. This includes solid waste, construction and demolition waste, co-mingled recycling, and cardboard from the Byron Resource Recovery Centre (BRRC), located at 115 The Manse Road, Myocum, NSW, to licensed processing and/or disposal facilities.

The tender provided separable portions under two contract terms to allow tenderers to provide a submission for one or several of the waste streams dependant on their area of expertise. The contract terms are as follows;

Contract Term 1: General solid waste - for a period of 3 years commencing October 2020 with an option to extend the contract for 2 additional periods of 1 year at Council’s sole discretion.

Contract Term 2: Recyclable waste – for a period of 2 years commencing October 2020 with an option to extend the contract for 2 additional periods of 1 year, and 6 month increments for the final year at Council’s sole discretion.

The Contracts will be managed by the Resource Recovery Contracts Management Officer.

Tenders were advertised as follows:

Vendor Panel: 7-28 August 2020

Council website: 7-28 August 2020

An optional site inspection was held at 10am on Thursday 13 August at the Byron Resource Recovery Centre. Two organisations were represented.

An Evaluation Panel comprising of three Council staff members was formed.

Tenders closed on Friday 28 August 2020 and tenders were received from the following proponents:

· ADH Transport

· Andrew Johnston Haulage Pty Ltd

· Jorgji Pty Ltd

· Raw Metal Corp

· Remondis

· Solo Resource Recovery

· Ti-Tree Bio Energy ( Veolia environmental Services ( Australia) Pty Ltd & J.J Richards Ti Tree Pty Ltd)

Tenders were evaluated by the Evaluation Panel in accordance with the following evaluation criteria:

Mandatory criteria:

· Tender lodged on time, in accordance with the Conditions of Tender.

· Respondent has a valid Australian Business Number.

· Respondent substantially complies with the Statement of Requirements.

· Respondent substantially complies with the Conditions of Contract.

· Respondent holds the required insurances or has the ability to obtain the insurances.

· Workers Compensation insurance for all employees

· Respondent has satisfactory work health and safety and environmental compliance practices.

· Financial capacity to undertake the contract

· Commitment to ethical business practice principles.

· Tenderer confirms no ties to Adani

Qualitative criteria:

Criteria	Elements
Profile and relevant experience	Tenderer profile
	Previous relevant experience
	Environmental practices
	Opportunities for disadvantaged people
	Local employment opportunities
Quality and availability of resources	Proposed key personnel
	Proposed staff
	Use of subcontractors
	Vehicles, plant and equipment
Delivery Plan	Goods/services standards and methodology
	Implementation plan
	Product sustainability
	Supporting local business, social enterprise and Indigenous business
Price	Total contract price

Following the evaluation, the Evaluation Panel conducted referee checks on the preferred tenderer(s). The results of these checks were deemed by the Evaluation Panel to be satisfactory as detailed in the attached Evaluation Report.

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

Financial Implications

The price basis for the contract is a schedule of rates.

Council has an adopted budget to cater for the provision of transport and disposal of waste and recycling materials (GL Account 3414.019). Should Council approve the recommendations of this report as the most advantageous tender outcome, it will need to increase the adopted expenditure budget for this purpose by $216,000. There is adequate funding in the Other Waste Reserve to accommodate the additional expenditure budget required.

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).

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.14

Report No. 13.14 Final Report of the NSW Bushfire Inquiry

Directorate: Infrastructure Services

Report Author: Andrew Erskine, Open Space Technical Services Officer

File No: I2020/1372

Summary:

Council at its Ordinary Meeting on 27 August 2020 considered an Urgency Motion regarding the NSW Fire Report that was released on 31 July 2020.

This report provides a response in relation to Res 20-462 for Council’s consideration.

RECOMMENDATION:

That Council:-

1. Notes the report and advice provided on the “Final Report of the NSW Bushfire Inquiry” (Attachment 1); and

2. Invites a NSW Rural Fire Service (NSW RFS) and Fire and Rescue NSW (FRNSW) representative to the next available SPW to provide a briefing on the preparations for the 2020/21 Fire Season and actions from the inquiry that relate to Byron Shire Council.

Full version of NSW Final Report of the NSW Bushfire Inquiry can be found at: https://www.dpc.nsw.gov.au/publications/categories/nsw-bushfire-inquiry/

REPORT

Council at its Ordinary Meeting on 27 August 2020 considered an Urgency item regarding the NSW Fire Report Res 20-462 as follows

1. Receives a report to the next Ordinary Meeting of Council in relation to the 2019/2020 bush fires in Byron Shire, that includes:

a) how interagency communications can be improved

b) the range and impact of the fires, including information on known
fire history in those areas.

c) information regarding BSC role in fire management and other relevant
local agency responsibilities.

d) information and evaluation of bush fire Neighbourhood Safe Places and Evacuation Centres and when and how evacuation takes place.

e) consideration of what impacts the fires may have on future planning
decisions.

f) impact of the fire on the shire’s residents and businesses and issues
for future preparedness.

g) planning for the development of a community communications plan and
business and in particular tourism accommodation.

h) coordination of and what assistance council can provide in community engagement.

i) consideration of relevant Bushfire Inquiry recommendations.

j) consideration be given to the recent report prepared by Rob Kooyman (ph)

2. Acknowledges the professional response to last summer's fire's by Council staff.

3. Also acknowledges that impacts of COVID-19 started occurring just weeks after drought, fires then floods.

BACKGROUND

Final Report of the NSW Bushfire Inquiry, 31 July 2020

On 30 January 2020 the Premier announced an inquiry into the 2019-20 bush fire2 season to make recommendations in relation to bush fire preparedness and response ahead of the 2020-21 bush fire season. The Terms of Reference for the Inquiry were as follows.

The Inquiry is to consider, and report to the Premier on, the following matters.

1. The causes of, and factors contributing to, the frequency, intensity, timing and location of, bushfires in NSW in the 2019-20 bushfire season, including consideration of any role of weather, drought, climate change, fuel loads and human activity.

2. The preparation and planning by agencies, government, other entities and the community for bushfires in NSW, including current laws, practices and strategies, and building standards and their application and effect.

3. Responses to bushfires, particularly measures to control the spread of the fires and to protect life, property and the environment, including:

§ immediate management, including the issuing of public warnings

§ resourcing, coordination and deployment

§ equipment and communication systems.

4. Any other matters that the inquiry deems appropriate in relation to bushfires.

AND to make recommendations arising from the Inquiry as considered appropriate, including on:

5. Preparation and planning for future bushfire threats and risks.

6. Land use planning and management and building standards, including appropriate clearing and other hazard reduction, zoning, and any appropriate use of indigenous practices.

7. Appropriate action to adapt to future bushfire risks to communities and ecosystems.

8. Emergency responses to bushfires, including overall human and capital resourcing.

9. Coordination and collaboration by the NSW Government with the Australian Government, other state and territory governments and local governments.

10. Safety of first responders.

11. Public communication and advice systems and strategies.

The Final Report was finalised on 31 July 2020 with 76 recommendations for future improvements to how NSW plans and prepares for, and responds to, bush fires. (Refer Attachment 1 and 2)

To assist the inquiry Community Meetings were held at Lithgow (25 February 2020),Tenterfield (8 March 2020) and Glen Innes (9 March 2020).

Due to COVID-19, community consultation was also undertaken via video conference at the following locations:-

· Lake Conjola/Fisherman's Paradise (16 April 2020)

· Mid North Coast (17 and 23 April 2020)

· Snowy Monaro (29 April 2020)

· Snowy Valley (29 April 2020)

· Shoalhaven (1 May 2020)

· Northern Rivers and Clarence Valley (4 May 2020)

· Far South Coast (6 May 2020)

· Wollondilly and Southern Highlands (7 May 2020)

· Hawkesbury (11 May 2020)

· Blue Mountains (12 May 2020)

· Capital to Coast (13 May 2020)

· Snowy Valley (25 May 2020).

The Inquiry received 1,967 submissions and 970 have been published.

Below is an infographic summarising the 2019/20 Fire Season (Figure 0-1: Bush Fire Impact Data 2019-20 NSW page xxi, NSW Final Report of the NSW Bushfire Inquiry, 31 July 2020).

Full version of NSW Final Report of the NSW Bushfire Inquiry can be found at:-

https://www.dpc.nsw.gov.au/publications/categories/nsw-bushfire-inquiry/

Fig 1 - Bush Fire Impact Data 2019-20 NSW page xxi, NSW Final Report of the NSW Bushfire Inquiry, 31 July 2020

Consideration of Res 20-462

Staff have reviewed the NSW Final Report of the NSW Bushfire Inquiry, 31 July 2020 and provide the following comments. This report is not intended to repeat the findings of the report but to provide a summary of the report’s findings:-

a) how interagency communications can be improved

The Bushfire Inquiry makes a number of recommendations in relation to communications including

Recommendations that specifically relate to communications are Recommendations 2, 24, 29, 30, 55, 56, 57, 58 and 61.

b) the range and impact of the fires, including information on known fire history in those areas.

Refer Fig 1 Bush Fire Impact Data 2019-20 NSW page xxi, NSW Final Report of the NSW Bushfire Inquiry, 31 July 2020. Across the state 5.5M Ha was burnt with 2,476 home lost.

The Mount Nardi Fire is not specifically mentioned in the final report, however advice from Northern Rivers RFS is that approximately 150-200Ha of land within Byron Shire was burnt and that no homes were lost.

c) information regarding BSC role in fire management and other relevant local agency responsibilities.

Refer to section 3.6 – The Role of Local Councils of the NSW Bushfire Inquiry Report page 131.

In relation to Byron Shire Council, its role and responsibility is directed by the Tweed Byron Local Emergency Management Committee (LEMC) and Local Emergency Operations Coordinator (LEOCON) and approved as per the Tweed/Byron Local Emergency Management Plan (EMPLAN) The following matters relating Fire Hazards have been identified and show the relevant combat agency:-

Hazard

Combat/Responsible Agency

Fire (Bush or Grass)

NSW RFS

FRNSW

Fire (Industrial/Commercial)

FRNSW

NSW RFS

Fire (Residential)

FRNSW

NSW RFS

Responsibility for the preparation and maintenance of appropriate sub plans to the EMPLAN are the responsibility of the Combat/Responsible Agency e.g.

· Rural Fire Act 1997 – NSW RFS

· Fire Brigades Act – FRNNSW

· Major Evacuation – State Emergency Management Committee

· NSW Rural Fire Services Operations Plan Section 52 – NSW RFS

· Bush Fire Risk Management Plan – NSW RFS

The Far North Coast Bush Fire Risk Management Plan can be found at: -

https://www.rfs.nsw.gov.au/resources/publications/bush-fire-risk-management-plans

Actions during Fires – Council will assist with the following actions under the direction of the LEOCON or Combat agency:

· Public Information Dissemination,

· Traffic Management,

· Water Utilities (provide information/advice to LEOCON of any potential impacts),

d) information and evaluation of bush fire Neighbourhood Safe Places (NSPs) and Evacuation
Centres and when and how evacuation takes place.

NSW Rural Fire Service is responsible for the evaluation of NSPs. An NSP is a place of last resort during a bushfire emergency and all information about them is available on RFS’s website www.rsf.nsw.gov.au.

Refer Recommendation 17 of the NSW Bushfire Inquiry Report

Evacuation Centres are managed by the Tweed Byron LEMC and are inspected on an annual basis. The decision to evacuate residents is managed by the combat agency or LEOCON according to who has control of the event.

e) consideration of what impacts the fires may have on future planning decisions.

Chapter 4 of the NSW Bushfire Inquiry Report commencing on page 149 considers this item.

Refer to Recommendations 18 – 36.

f) impact of the fire on the shire’s residents and businesses and issues for future preparedness.

The NSW Bushfire Inquiry report does not specifically mention impacts on Byron Shire Residents and Businesses.

In relation to preparedness the report Chapter 3 and 4 (Preparation and Planning – Emergency Management & Preparation and Planning – Land and Assets, respectively) considers preparedness refer to recommendations 8 to 36.

g) planning for the development of a community communications plan and business and in particular tourism accommodation.

Refer to section 3.9.7 Preparedness for tourism businesses and accommodation providers of the NSW Bushfire Inquiry Report page 141 refer Recommendation 16 and 30 of the report

h) coordination of and what assistance council can provide in community engagement.

During an event Council provides relevant information on its website/social media with the primary direction being to send people to the relevant response/recovery agency website. Council may also chair community meetings at which the lead agencies provide updates and information. Council will launch its Disaster Dashboard in November 2020. It is important to note there are State Government mandated protocols for communication in the event of a natural disaster.

To assist with community resilience and planning ahead of an event Council is planning to deliver a series of workshops for community and business in collaboration with emergency services and volunteer agencies such as Red Cross, although this is currently impacted by COVID.

i) consideration of relevant Bushfire Inquiry recommendations.

Relevant Recommendations to BSC include:-

Recommendation 11
That, in order to strengthen the capability of local councils in future emergency events: a) Resilience NSW, in consultation with local government, develop specific training that focuses on the role, responsibilities and expected functions of the Local Emergency Management Officer (LEMO), including regular ‘refresher’ components b) Councils support their staff to participate in LEMO training on an ongoing basis, and ensure that staff who are LEMOs are appropriately senior and have the authority to commit resources.	A worthy initiative, council will support staff to attend training of this nature.
Recommendation 18
That, in order to equip NSW RFS with comprehensive information on all structures and assets at risk of bush fire, Government ensures that: a) there is a single whole-of-government procurement and acquisition program for imagery and LiDAR and that Government accelerate the building of the State Digital Twin and associated Digital Workbench b) owners/managers of assets (apart from private home owners whose information will be provided through local councils) in bush fire prone land are required to provide to the Digital Twin at least the following information/metadata with quality control certification on an annual basis (with annual census at least two months before the start of the fire season): i) precise geolocation ii) description of asset including picture iii) value level iv) fire treatment on asset v) Asset Protection Zone (APZ) details and how it is maintained vi) access details vii) what redundancy is available if relevant viii) any metadata requirements specific to the asset class ix) emergency contact and instructions on how to access where more information is held x) any restrictions on data access and sharing. The Digital Twin must also be able to incorporate: a) information about the hazard reduction results for road verges, fire trails, APZs and other defendable space b) local information supplied by organisations such as local NSW RFS brigades.	Required information and data will be provided to RFS by Council where available.
Recommendation 20
That Government, noting that hazard reduction targeted in proximity to assets is on balance more likely to provide help than hinder, should: a) support local councils and partner agencies to implement more comprehensive hazard reduction at a local level around towns/cities, communities and local infrastructure assets, and provide incentives for communities to organise themselves to prioritise and implement local hazard reduction initiatives. This will involve a suite of hazard reduction techniques depending on the landscape including prescribed burning, clearing, mowing, and mechanical treatments, and easy disposal of green waste into processors turning it into bioenergy or biofuels b) beyond the local level priorities for hazard reduction, prioritise prescribed burning in parts of the landscape where fuel treatment may help reduce probability of fires escalating quickly and where terrain and potential atmospheric interactions are likely to escalate fires into fire-generated thunderstorms. This will likely involve a proactive program of treating ridge tops that are prone to dry lightning where reduced fuels may help reduce speed of spread when the fire first starts, or particular windward or lee-slopes that are susceptible to generating extreme fire behaviour and drive fire towards towns.	RFS currently manages hazard reduction burns on ground. Training by RFS of the community to manage such burns is desirable and has been realised to some extent by the Firesticks training that RFS and Nature Conservation Council hosted at Broken Head in 2019 (attended by staff). Council will support this initiative as resources allow.
Recommendation 28
That Government, acknowledging that a strategic approach to planning for bush fire will take time, and in order to protect, prepare and build resilience into existing communities better, should immediately: a) prepare, in association with the insurance sector, a model framework and statutory basis for the establishment of an enforcement, compliance and education program which adopts a risk-based approach to routine inspection of local bush fire prone developments to ensure that every local development on bush fire prone land is prepared for future bush fire seasons in accordance with bush fire protection standards of the day, that account for worsening conditions b) ensure local government is resourced to enable effective audit, enforcement and compliance powers in respect of local developments and assets on bush fire land c) consider the introduction of subsidies for property owners to undertake site mitigation works to reduce bush fire risk and work with the Insurance Council of Australia to develop an agreed set of measures to insure against with a view to risk reductions resulting in lower insurance premiums d) review vegetation clearing policies to ensure that the processes are clear and easy to navigate for the community, and that they enable appropriate bush fire risk management by individual landowners without undue cost or complexity.	a) Partially covered by Council’s Development Control Plan, building inspections and subsequent approvals issued. Building must follow statutory guidelines for fire protection based on factors of inherent risk. b). An internal audit of resources required by Council to enforce compliance issues will be required and then budgeted for. c). Will require careful description of directions so as to not compromise environmental values in the name of reducing risk. An example is the newly introduced 10-50 rule which has been used to clear EEC. Are subsidies in the form of rate reductions? This could impact on Council’s revenue.
Recommendation 31
That, in order to improve bush fire planning and protection of road infrastructure and to ensure communities, freight movers and fire fighting agencies have appropriate access and egress in a bush fire event, Government, working with local government as needed: a) develop a formal bush fire risk assessment process for all State roads and bridges, to identify: i) ‘high-risk’ communities where access and egress in the event of a fire will be affected, for example rural communities connected by a single road surrounded by bushland, and ensure community bush fire planning processes (i.e. Bush Fire Risk Management Plans (BFRMPs) or Community Protection Plans) include plans to ‘leave early’ or enforce mandatory evacuation orders ii) how waterways can be integrated better into the transport network as evacuation routes or places of shelter when road and rail transport is unavailable – waterways should be included in regional emergency management plans iii) route options for rapid identification of needed road closures in the event of fire iv) key sections of the State’s road network for future upgrade to ensure whole corridors are resilient to fire impacts, regardless of who manages the asset b) audit, through the NSW RFS Audit Unit (to be established) the inclusion of critical road infrastructure in BFRMPs prepared by Bush Fire Management Committees (ensuring that appropriate transport representation is provided to BFMCs) and Local Emergency Management Committees across the State. In support of these measures, it will be critical that the community is given early warning of bush fire events and has ample time to evacuate prior to or during an emergency.	i). Identified High fire risk communities (such as Jones Rd Yelgun) within Byron Shire mostly have Community Protection Plans in place. Where they do not, the high risk communities have been identified within the BFRMP (2019) as candidates for fire safety planning delivered by RFS as a priority action. ii). Good idea, though the upper reaches of the Brunswick River and its tributaries are too shallow to be navigable by larger boats. iii). To be anticipated and options recorded by the LEMC prior to emergency. iv). Will be incorporated as a consideration in Council’s pre-project check list. This was not considered in the 2019 BFRMP. It may be included in future LEMC meetings for discussion and ratification.
Recommendation 32
That, in order to ensure outcomes-based roadside vegetation management to reduce roadside tree fall and grass ignitions in planning and preparing for bush fire, Transport for NSW, working with local government and NSW RFS, establish a consistent framework for roadside vegetation management that analyses road priority, utility, amenity, strategic value and risk. The framework should: a) take into consideration landscape characteristics like distance, slope, set back, vegetation maturity and type. Acceptable outcomes under this framework could include clear verges, or alternatives such as safe zones/pull-outs b) tie in formally with other strategic land use and biodiversity processes.	This project would require resources and annual inspection/audit. The resulting layer developed in GIS would be a complementary adjunct to the existing Roadside Vegetation Management Plan that Council has developed.
Recommendation 69
That, in order to ensure evacuation arrangements can be scaled up when needed, Resilience NSW: a) ensure staff who are willing to be deployed to evacuation centres are trained as soon as possible to bolster evacuation centre staff surge capacity b) train council and NSW government regional staff in evacuation centre establishment and management, supported by a one-page ‘start up sheet’ for opening an evacuation centre c) enable interested community members to be trained to assist in evacuation centre establishment and management and provide an avenue for skilled volunteers to register their interest d) develop an exercise for the management of multiple evacuation centres dealing with large numbers of people for a protracted period over a widespread area.	a). Applies to Resilience NSW staff b). DCJ Regional staff are responsible for a decision to open an evacuation centre. Requires an expression of interest to Council staff and appropriate resourced training. c). As above d). As above
Recommendation 71
That, in order to ensure people only need to tell their story once to access government agency support following an emergency, Resilience NSW and Service NSW jointly design an inclusive, person-centred approach to information collection at evacuation centres. This should be supported by an opt-in scheme enabling personal information to be shared between NSW government agencies, local councils and non-governmental organisations administering support services for disaster-affected people.	Relevant council staff will attend training when developed and support initiatives as they are formalised.

j) consideration be given to the recent report prepared by Rob Kooyman

It is noted that Dr Robert Kooyman, Honorary Research Associate, Royal Botanic Gardens

Emeritus attended the inquiry.

In relation to this report around forest vulnerability to fire and recovery/sustainability of the Nightcap area ecosystem, we note the recommendation that future planning policy should incorporate the planting of fire resistant rainforest species near houses/communities as a barrier to fire and have referred to Planning staff for consideration.

Further research papers have been co-written by Dr Kooyman are as follows:-

· What fire regime works for one endangered species won't for another

https://www.theland.com.au/story/6585921/complex-approach-to-fire-management/

· Impact of 2019–2020 mega-fires on Australian fauna habitat

https://researchers.mq.edu.au/en/publications/impact-of-20192020-mega-fires-on-australian-fauna-habitat

Abstract

Australia’s 2019–2020 mega-fires were exacerbated by drought, anthropogenic climate change and existing land-use management. Here, using a combination of remotely sensed data and species distribution models, we found these fires burnt ~97,000 km² of vegetation across southern and eastern Australia, which is considered habitat for 832 species of native vertebrate fauna. Seventy taxa had a substantial proportion (>30%) of habitat impacted; 21 of these were already listed as threatened with extinction. To avoid further species declines, Australia must urgently reassess the extinction vulnerability of fire-impacted species and assist the recovery of populations in both burnt and unburnt areas. Population recovery requires multipronged strategies aimed at ameliorating current and fire-induced threats, including proactively protecting unburnt habitats.

· Recent Australian wildfires made worse by logging and associated forest management

https://www.nature.com/articles/s41559-020-1195-5

Next steps

The 2020/21 Fire Season has now commenced and the recommendations of this report will not be fully implemented for a period of time.

The lead agencies in relation to fire management are the NSW Rural Fire Service and NSW Fire and Rescue. On this basis staff recommend that these agencies be invited to provide a briefing to Councillors on the preparations for the 2020/21 Fire Season and actions from the inquiry that relate to Byron Shire Council.

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	2.4	Enhance community safety and amenity while respecting our shared values	2.4.1	Provide and facilitate local emergency management	2.4.1.1	Maintain Byron Flood Warning Network and Disaster Dashboard
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	2.4.1	Provide and facilitate local emergency management	2.4.1.4	Ensure sufficient staff are trained to undertake EM roles in and outside business hours
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	2.4.1	Provide and facilitate local emergency management	2.4.1.5	Deploy technology to improve disaster response and recovery by preparing field devices and staff trained in readiness to respond to a natural disaster
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	2.4.1	Provide and facilitate local emergency management	2.4.1.15	Establish a local Emergency Operations Centre
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	2.4.1	Provide and facilitate local emergency management	2.4.1.16	Undertake remediation and improvement works at the evacuation and recovery centre
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	2.4.1	Provide and facilitate local emergency management	2.4.1.19	Assist in delivery of community 'Firewise' education
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	2.4.1	Provide and facilitate local emergency management	2.4.1.20	Maintain official APZ, SFAZ, and fire trail access on council tenured land
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	2.4.1	Provide and facilitate local emergency management	2.4.1.21	Represent Council at Far North Coast Bushfire Management committee meetings quarterly
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	2.4.1	Provide and facilitate local emergency management	2.4.1.22	Maintain fire management actions on FRS BRIMS database

Legal/Statutory/Policy Considerations

Rural Fires Act 1997

State Emergency and Rescue Management Act 1989 (SERM Act)

Fire and Rescue NSW Act 1989

Rural Fires Regulation 2013

National Parks and Wildlife Act 1974.

Emergency Services Levy Act 2017

Local Government Act 1993

Financial Considerations

Not Applicable

Consultation and Engagement

Tweed/Byron LEMO

RFS Tweed/Byron

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.15

Report No. 13.15 Tender 2020-0031 Ocean Shores Community Centre Upgrade

Directorate: Infrastructure Services

Report Author: Michael Crosbie, Project Officer

File No: I2020/1174

Summary:

On the 4^th of May 2020, the General Manager, under delegated authority, approved the use of the open tender method to call for tenders for Contract 2020-0031 Ocean Shores Community Centre upgrade.

The Request for Tender was advertised from 30^th June 2020 to 11^th August 2020. Tenders were received from the following organisations:

· Bishton Group

· Blaze Projects

· Direct Projects

· Greg Clarke Building

· Level 2 West Electrics

· Maintain Australia

· Quadracon building

· Water Conservation

· Woollam Constructions

RECOMMENDATION:

1. That Council allocates a total budget of $540,000 for the Oceans Shores Community Centre upgrade by amending the 2020-2021 Budget as indicated in Table 1 and Table 2 under the ‘Financial Implications’ section of this report.

2. That Council awards Tender Ocean Shores Community Centre upgrade to the tenderer recommended on page 7 of the Confidential Tender Evaluation Report (Attachment 1 - #E2020/65992)

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

Attachments:

1 Confidential - OSCC Request for Tender - Evaluation Report signed, E2020/65992

Report

On 4^th May 2020 the General Manager, under delegated authority, approved the use of the open tendering method to call for tenders for Contract OCEAN SHORES COMMUNITY CENTRE UPGRADE WORKS.

The Ocean Shores Community Centre has been open since the 1990’s and requires to be updated for today’s requirements. There is also existing components that need to be replace or repainted as part of the scope of works.

The Request for Tender sought responses from proponents to provide: The scope is base on the plans provided for the tender which includes a new roof, new awing, replace windows, new meeting room spaces with kitchen amenities, new path and entry stairs, repainting external and new floor coverings.

The Contract is expected to commence in October 2020 for a period of 4 Months till the completion of the construction.

The Contract will be managed by Major Projects Contracts Officer, Mick Crosbie.

Tenders were advertised as follows:

Echo on the 8 July 2020

Vendor Panel: 30th June to 11th August 2020

Council website: 30th June to 11th August 2020.

A mandatory site inspection was held at 10am on 15th July 2020 at the Community Centre. The following organisations attended the briefing/site inspection:

• Bishton Group

• Quadracon

• Greg Clark Builders

• Rork Projects

• Woolam Constructions

• Maintain Australia

• Direct Projects

• Blaze Projects

• AGS Commercial

An Evaluation Panel comprising of 2 Council staff members was formed, with the inclusion of the architect engaged for the design and scope of the work for the tender.

Tenders closed on 11th August 2020 and tenders were received from the following proponents:

· Bishton Group

· Blaze Projects

· Direct Projects

· Greg Clarke Building

· Level 2 West Electrics

· Maintain Australia

· Quadracon building

· Water Conservation

· Woollam Constructions

Tenders were evaluated by the Evaluation Panel in accordance with the following evaluation criteria:

Mandatory criteria: <ensure the listed criteria match details in RFT and evaluation plan>>

a) Tenderer must have a valid Australian Business Number.

b) Substantial conformance to Conditions of Contract and Statement of Requirements.

c) Workers compensation insurance for all employees.

d) Holds, or is willing to obtain, the insurances as specified in the Statement of Requirements.

e) Satisfactory Work Health and Safety practices.

f) Commitment to ethical business practice principles.

Qualitative criteria:

Criteria	Elements
Profile and relevant experience	Tenderer profile
	Previous relevant experience
	Environmental practices
	Opportunities for disadvantaged people
	Local employment opportunities
Quality and availability of resources	Proposed key personnel
	Proposed staff
	Use of subcontractors
	Vehicles, plant and equipment
Delivery Plan	Goods/services standards and methodology
	Implementation plan
	Product sustainability
	Supporting local business, social enterprise and Indigenous business
Price	Total contract price $448,575

Following the evaluation, the Evaluation Panel conducted referee and financial checks on the preferred tenderer. The results of these checks were deemed by the Evaluation Panel to be satisfactory as detailed in the attached Evaluation Report.

Financial Implications

The price basis for the contract is a lump sum. The budget scope for the project was $500,000 based on a Quantity Surveyors estimate on the scope of works and other allowances required to deliver the project for management, design and contingency. Given the receipt of the proposed best tender outcome with a contract price of $448,575 excluding GST, it is recommended to adequately allow for this, plus other allowances for management, design and contingency, that the budget required to complete these works is now required to increase by $40,000 to $540,000.

Comment from Manager Finance

The current 2020-2021 Council adopted Budget has the following amounts allocated for this project spread across different General Ledger Accounts outlined in Table 1 below:

Table 1

Funding Source	Amount $	Comment	Allocated in 2020-2021 Budget
Grant Funding	60,000	Funding from Building Community Resilience grant $60,000 of the $100,000 allocated to GL Account 2430.021 2020-2021 for the roof.	Yes
Community Building Maintenance – Old SRV	100,000	GL Account 2320.152 Budget allocation included in 2020-2021 Budget for Ocean Shores Community Centre	Yes
2017-2018 SRV Funds	54,000	Reallocate $54,000 from the 2017-2018 SRV allocation for Community Buildings Renewals of $285,600 included in the 2020-2021 Budget from GL Account 4191.088.	Yes
Total	214,000

It is proposed to create a single capital expenditure budget for this project via reallocation of the budget amounts identified in Table 1 above. Further, Council will need to allocate funding that is available for the project but is not currently allocated in the 2020-2021 Budget as outlined in Table 2 below:

Table 2

Funding Source	Amount $	Comment	Allocated in 2020-2021 Budget
Grant Funding	141,000	Stronger Country Communities Fund Round 3 yet to be included in 2020-2021 budget.	No
Community Building Maintenance – Old SRV	65,000	Unexpended 2019-2020 budget for Ocean Shores Community Centre allocated to GL Account 2320.152 returned to reserve but not carried over. To be added to 2020-2021 Budget	No
S7.11 Developer Contributions (Section 94)	120,000	Funds available held for Community Facilities Ocean Shores. This will mostly deplete this reserve.	No
Total	326,000

The combination of Table 1 and Table 2 above will provide overall funding of $540,000 required for the project and it is recommended Council reallocates and allocates existing and required funding as identified in Table 1 and Table 2 before awarding the Tender subject to this report.