Coffs Harbour City Council

31 July 2019

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 8 August 2019

 

The meeting commences following the closure of the adjourned meeting of 25 July 2019

 and your attendance is requested.

 

 

AGENDA

 

1.         Opening of Ordinary Meeting

2.         Acknowledgment of Country

3.         Public Forum

4.         Disclosure of Interest

5.         Apologies

6.         Leaves of Absence

7.         Mayoral Minute

8.         Confirmation of Minutes

9.         Rescission Motion

10.      Notices of Motion – General

11.      General Manager’s Reports

12.      Notices of Motion – Business Services

13.      Directorate Reports – Business Services

14.      Notices of Motion – Sustainable Communities

15.      Directorate Reports – Sustainable Communities

16.      Notices of Motion – Sustainable Infrastructure

17.      Directorate Reports – Sustainable Infrastructure

18.      Questions On Notice

19.      Matters of an Urgent Nature

20.      Consideration of Confidential Items (if any)

21.      Close of Ordinary Meeting.

 

 

Steve  McGrath

General Manager

 

 


Order of Business

 

  

Notices of Motion Business Services

NOM19/07      Stage 5 Jetty Foreshores Project - Stronger Country Community Fund - Round Three.............................................................................................. 3

Directorate Reports - Business Services

BS19/36          Developer Contribution Plan Reviews - Surf Rescue Facilities & Administration Levy - Post Exhibition......................................................... 5

BS19/37          Release of Easement for Right of Carriageway 6 Wide Affecting the Hogbin Drive Crematorium at Stadium Drive, Coffs Harbour....... 44

Directorate Reports - Sustainable Communities

SC19/31          2019/20 Donations and Rates Subsidy Program..................................... 48

SC19/32          Aboriginal Cultural Awareness and Engagement Guide - Final .. 54   


NOM19/07   Stage 5 Jetty Foreshores Project - Stronger Country Community Fund - Round Three

Attachments:          Nil

 

Motion:

Councillor Cecato has given notice of his intention to move the following:

"That Council allocates $600,000 from the Community Facilities Reserve in 2018/19 for construction of the Stage 5 Jetty Foreshores Project and seeks matching grant funds of $600,000 from the State Government's Stronger Country Community Fund - Round Three, to provide full funding for the project."

 

Rationale:

“The beatification of The Jetty Foreshore is a project that runs deep into the fabric of the Residents of our LGA.

 

The completion of stages 1 to 4 have exceeded many expectations, and this was clearly demonstrated by the visitation, enjoyment and use of the different areas that were constructed.

 

This very high visitation has highlighted the need to complete stage 5 which is a larger car park as a matter of priority.

 

Stage 5 was recognised by Councillors as a must have “Spade Ready” project, the design is now completed and we have to deliver in our commitment to make our LGA more liveable and enjoyable.

 

The increase in car parking is a vital element of infrastructure to ensure that our residents and visitors have easier access to fully enjoy our Jewell in the Crown.”

Staff Comment:

The objective of the Jetty Foreshores Stage 5 Project is the removal of the small triangular carpark at the north of the northern break wall and its extension and replacement to the west of its current location with a new formalised, lighted and security enhanced car park for 100 plus spaces, which are appropriately pedestrian-linked to the Marina, Jetty Foreshores Stages 2-4 area, and the Coffs Harbour Yacht Club.

 

The project is one of Council’s identified ‘spade ready’ significant projects in Council’s resolution 2018/83 dated 12 April 2018. In accordance with this resolution $50,000 was allocated to bring the project to Cost to Prepare Level 2 (ready to construct) and this level has now been reached. Based on the current design the project cost is estimated to be $1,200,000.

 

It was also previously reported to Council that this project strongly aligned with the potential funding source represented by the Stronger Country Communities Fund – ‘this fund delivers crucial local infrastructure to improve the quality of life of people living in regional NSW. Funding is provided to local projects such as parks, community halls, playgrounds and amenities blocks.’ Some funding is available from the Community Facilities Reserve; however, it is considered prudent to use these as matching funds for a grant application.

 

Round Three of the State Government’s Country Community Fund Program opened on 1 July 2019 and closes on 27 September 2019. The funding available for projects in Coffs Harbour City Local Government Area is $1,078,949.

 

Funding will be allocated to projects that clearly demonstrate community support for projects and align with the program objectives; noting at least 50 per cent of the Round Three funding available will be allocated to projects supporting young people. Stage 5 of the Jetty Foreshores Project enhances the broader Jetty Foreshores Precinct providing greater access to enjoy and utilise the area and associated facilities.

 

Also, a report on Council projects that may meet the criteria for the Stronger Country Communities Program Round Three is anticipated to be considered by Council at its meeting of 22 August 2019.

 

  


BS19/36       Developer Contribution Plan Reviews - Surf Rescue Facilities & Administration Levy - Post Exhibition

Author:                        Developer Contributions Officer

Authoriser:                  Director Business Services

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  BS19/36   Developer Contributions Plan - Surf Rescue Facilities

ATT2  BS19/36   Developer Contributions Plan - Administration Levy  

 

Executive Summary

At the Council meeting held on 13 June 2019, a resolution was passed to support the placement of the revised Developer Contribution Plans for Surf Rescue Facilities and Administration Levy, on public exhibition.

 

These items have been on public exhibition for a period of 28 days with no recorded submissions being received by Council during this period.

 

As a consequence of anticipated population growth and having regard to the level of facilities currently available and the expected profile of the new population, it will be necessary to provide additional infrastructure and services.  These Developer Contribution Plans seek financial contributions towards the development of infrastructure and resourcing that is required to specifically service the needs of the growing Coffs Harbour community.

 

The purpose of this report is to inform Council of the outcome of the public exhibition process and to seek adoption of the final revised Developer Contribution Plans.

 

 

Recommendation:

That Council adopt the attached revised Surf Rescue Facilities and Administration Levy Developer Contribution Plans (Attachments 1 and 2).

 

Report

Description of Item:

The revised draft Developer Contribution Plans were provided to Council where it was resolved to place these items on public exhibition for a period of 28 days. The Contribution Plans were advertised for public exhibition from 19 June to 16 July 2019.  During the public exhibition period no recorded submissions were received.

 

Necessary adjustments to the scheduled items for both these existing Developer Contribution Plans were required to ensure that the plans remain consistent with project costings, strategies, population forecasts and objectives.  By adopting the reviewed plans, it will provide a combined reduction in developer contributions of $241.10 per standard lot, across these two district contribution plans.

 


 

 

Surf Rescue Facilities

 

Council currently has in place a district wide Developer Contributions Plan for the collection of funds to provide surf rescue facilities within the Coffs Harbour LGA.  This plan came into operation in August 2012 and includes a schedule of items for the construction of storage facilities.  These storage facilities store essential lifeguard equipment used to aid the vital operation of lifeguard services.

 

The primary purpose of this plan is to satisfy the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) and Regulation to enable Council to require a contribution towards the provision, extension or augmentation of public amenities and services that will, or likely be required as a consequence of development in the area, or that have been provided in anticipation to facilitate such development.

 

 

Administration Levy

 

Council currently has in place a district wide Developer Contributions Plan for the collection of funds to enable the service delivery, administration and co-ordination relating to all Developer Contribution operations, within the Coffs Harbour LGA.  This plan originally came into effect in October 2014.  The primary purpose of this plan is to satisfy the requirements of the EP&A Act and Regulation to enable Council to require a contribution towards the costs associated with administering Developer Contribution Plans pertinent to the Coffs Harbour LGA.

Issues:

During the public exhibition period no submissions were received.

Options:

In considering this report Council has the following options:

 

1.    Accept the recommendation of this report and adopt the revised Surf Rescue Facilities and Administration Levy Developer Contributions Plans.

2.    Detail any proposed amendments to the revised Administration Levy and Surf Rescue Developer Contributions Plans.

3.    Reject the recommendation of this report and retain the current Developer Contribution Plans.

 

Option 1 is recommended to ensure the plans are aligned and reflect current infrastructure requirements for Surf Rescue facilities associated with future development and to meet the resourcing provisions associated with maintaining the Developer Contributions service delivery.

Sustainability Assessment:

•     Environment

The Surf Rescue facilities proposed are to be simple in nature and will generally resemble a sophisticated garage and in some instances are attached to an amenity block.  It is anticipated that all structures will be erected on Council controlled land (e.g. State Park).  Whilst the proposed storage facilities will generally be relatively small in dimensions, there is likely to be a minor effect on the environment during the construction stage.  No environmental issues have been identified with the Administration Levy Developer Contributions Plan.

•     Social

The provision to provide and strategically locate surf rescue storage facilities will ensure adequate levels of surf patrol rescue equipment are readily available in close proximity to patrolled beaches.  This will better ensure the safety of the beach-going public, and provide for reduced response times to emergency incidents.

 

Providing an adequate level of service by way of the effective administration of developer contributions plans supports the ability for Council to effectively deliver essential infrastructure and specific developer contribution services for the growing Coffs Harbour population.

•     Civic Leadership

The MyCoffs Community Strategic Plan provides for the strategy “An active, safe and healthy community (A2)” and “We have effective use of public resources (D2)”The provisions outlined in these Contributions Plans are in line with Council achieving these objectives.

•     Economic – Broader Economic Implications

Surf Rescue

By adopting the revised Surf Rescue Facilities Contributions Plan, adequate funding will be available for the construction of the proposed storage facilities associated with future growth over the life of the plan.  The current contributions rate applicable under the Surf Rescue Developer Contributions Plan is $75.52 per lot, whereas contributions under the reviewed Surf Rescue Developer Contributions Plan are increased to $141.42 per lot.  This represents an increase in the contribution of $65.90 per lot.

 

Administration Levy

By adopting the revised Administration Levy Contributions Plan adequate funding will be available to meet the resourcing provisions associated with maintaining the Developer Contributions service delivery, administration and co-ordination for future growth over the life of the plan.

 

The current contributions rate applicable under the Administration Levy Developer Contributions Plan is $550.82 per lot, whereas contributions under the reviewed Plan would decrease to $243.82 per lot.  This represents a reduction in the contribution of $307.00 per lot.  Overall the combined contributions will reduce by $241.10 per standard lot across these two district plans.

 

•     Economic - Delivery Program/Operational Plan Implications

There are no immediate impacts on Council’s Delivery Plan/Operational Plan.

Risk Analysis:

The revised Developer Contributions Plans include scheduled items that are dependent upon future developments.  The plan is based on cost estimates for proposed works and/or developer contribution services.  These estimates may require adjustment as final costings are prepared prior to the commencement of works.  However, significant effort has been directed towards the process of costing the projects included in the works schedule to minimise the risk of cost variances.  Indexation of the levied charges will also assist with pricing fluctuations.

 

By not adopting the revised plans, Council will retain contribution plans that have either a projected financial shortfall for Surf Rescue Facilities or a projected financial excess for the Administration Levy in future years.

Consultation:

Relevant staff members across Council have been consulted in the preparation of this report, being engaged in the general review of these contribution plans and involved in the planning of the proposed works schedule.

The plans were placed on public exhibition for a period of 28 days with no submissions received.

Related Policy, Precedents and / or Statutory Requirements:

The relevant statutory requirements for the preparation of developer contribution plans and collection of contributions are principally the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, the Local Government Act 1993 and the Water Management Act 2000.

 

Section 31 of the Environmental Planning and Assessment Regulation 2000 states that Council must give public notice of its decision in a local newspaper within 28 days after the decision is made.

Implementation Date / Priority:

The revised Developer Contributions Plan will be made available to the public within 28 days after the decision to adopt is made.

Conclusion:

Regular reviews of Developer Contribution Plans are essential to ensure they remain financially consistent for the delivery of planned infrastructure works within the Coffs Harbour Local Government Area (LGA).

 

At the Council meeting held on 13 June 2019, a resolution was passed to support the placement of the revised Developer Contribution Plans for Surf Rescue Facilities and Administration Levy, on public exhibition.  During the public exhibition period Council received no submissions.

 

It is therefore recommended that Council now adopt the revised Developer Contribution Plans for the Surf Rescue Facilities and Administration Levy.

 

 


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BS19/37       Release of Easement for Right of Carriageway 6 Wide Affecting the Hogbin Drive Crematorium at Stadium Drive, Coffs Harbour

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  BS19/37   Plan showing location of easement to be released and the proximity of Council land known as Lot 206.  

 

Executive Summary

Council has been requested by the legal representative acting for the Hogbin Drive Crematorium at Coffs Harbour to release a right of carriageway easement 6 metres wide that bisects the property.  The easement was created in 1991 and is in favour of lot 206 DP 1206854 which is a Council owned property and comprises part of the Coffs Coast Sport and Leisure Park.

 

The easement was originally created prior to the construction of Stadium Drive.  This public road now provides Council’s land adequate and suitable legal frontage and practical access.  The easement is considered surplus to the requirements of Council’s land and there is no reason for Council not to consent to the release as requested.

 

 

Recommendation:

That Council:

1.       Agree to release the easement for right of carriageway 6 wide created by DP 812012 which affects Lot 61 DP 812012 and benefits Lot 206 DP 1206854.

2.       Agree that all costs associated with this matter will be the responsibility of the proponent.

3.       Execute under seal all necessary documents as part of the legal process to release the easement.

 

Report

Description of Item:

Council has been requested by the legal representative acting for the Hogbin Drive Crematorium at Coffs Harbour to release a right of carriageway easement 6 metres wide that bisects the property (refer Attachment 1).  The Crematorium property is legally described as Lot 61 DP 812012.

 

The easement was created in 1991 and as a result of past subdivisions now benefits part of Lot 206 DP 1206854 being a Council owned property comprising part of the Coffs Coast Sport and Leisure Park.  Lot 206 is currently in the process of being consolidated with adjoining Council land known as Lot 2 DP 861864 and Lot 102 DP 1077682.  The easement was originally created prior to the construction of Stadium Drive which now affords Council’s land adequate and suitable public road frontage and access.

 

The easement is located remotely and does not adjoin Council’s land which benefits and is to the north of Stadium Drive.  The easement is located on land to the south of Stadium Drive as shown on the attached plan.  The easement bisects the Hogbin Drive Crematorium site in an east-west direction and its western extension fronts a privately held property owned by the Christian Outreach Centre.  Council have no rights to enter the property owned by the Christian Outreach Centre at this location.

 

The easement is considered surplus to the requirements of Council’s land and there is no reason for Council not to consent to the release as requested.  Council’s land known as Lot 206 DP 1206854, and the new consolidated lot to which it will form part, has a long and extensive frontage to Stadium Drive.

Issues:

There are no issues associated with the release of the easement.  The easement is considered surplus to current Council requirements and there is no practical future use that can be made of the easement by Council.

Options:

The following options are available to Council:

 

1.    Agree to release the easement as recommended.

2.    Not agree to the release of the easement. There is no known reason not to consent to the release as recommended.

Sustainability Assessment:

•     Environment

No impact as this will be a legal transfer only and does not involve any works.

•     Social

No impact as the easement only benefits Council’s land and Council can make no practical use of the easement and has no reason or purpose to maintain the easement in its favour.

•     Civic Leadership

Council would be facilitating the removal of an obsolete property right that due to the passing of time has become surplus to its requirements.  The removal of the easement will unencumber the property owned by the Hogbin Drive Crematorium and would facilitate the owner greater future flexibility in regard to the use of the property.

•     Economic – Broader Economic Implications

There are no implications.

•     Economic - Delivery Program/Operational Plan Implications

All costs associated with this matter are to be the responsibility of the proponent.

Risk Analysis:

There is no risk in Council consenting to the release of the easement. Both Council and the property owner affected by the easement are agreed on the release and the terms upon which it will occur.

Consultation:

The matter has been considered by all relevant internal stakeholders and there is no objection to the release of the easement as proposed.

Related Policy, Precedents and / or Statutory Requirements:

The release of the easement requires a resolution of Council pursuant to Section 377(1) (h) of the Local Government Act 1993.

Implementation Date / Priority:

The matter can be actioned immediately upon Council’s formal resolution.

Conclusion:

The easement for right of carriageway 6 wide which is the subject of this report was created in 1991.  It was originally set up to provide access to properties at the time that comprised a subdivision pattern very different to today.  With the passage of time this locality has been further developed and subdivided.  Stadium Drive was constructed subsequent to 1991 as a public road and provides suitable access to Council’s property known as Lot 206 DP 1206854 which benefits from the easement.  Lot 206 DP 1206854 does not adjoin the property on which the easement is located and now comprises the Hogbin Drive Crematorium.  There is no current or future reason for Council to maintain the rights to the easement.

 

 


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SC19/31       2019/20 Donations and Rates Subsidy Program

Author:                        Section Leader Community Planning & Performance (Acting)

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              Nil

 

Executive Summary

Each financial year, Council is required under Section 356 of the Local Government Act to assess and approve applications submitted under the Donations Program.

Funds are distributed in accordance with the Donations by Council Policy to ensure funds are allocated in the most effective manner. This enables Council to be accountable to the community in regard to the spending of Council funds and transparent about the level of financial support to community events and organisations.

 

Recommendation:

That Council adopt the 2019/20 Donations and Rates Subsidy Program as detailed in the table.

Donations and Contributions

 

Recipient

Amount($)

Donations Unallocated (Mayor)

10,000

Westpac Rescue Helicopter

1,000

Schools Annual Presentations

5,300

North Coast Academy of Sport

6,000

Event Subsidies (Road Closures for Anzac Day Parades)

10,500

Southern Cross University Presentations

300

TAFE Presentations

300

D A Fees

5,000

Other Health Services – Life Education Van

4,000

TS Vendetta (Access Charge)

550

Reimbursement of Legal Fees for Lease Preparation

2,500

Variety Special Children’s Christmas Party

250

Coffs Harbour Spring Garden Festival

1,000

Coffs Ladies Silks Day

1,000

Coffs Harbour Agricultural Show

5,000

New Year’s Eve Fireworks

5,000

Coffs Harbour Eisteddfod

1,000

Christmas Carols

12,000

Total

70,700


Rates Subsidy – Sporting and Cultural Groups

Amount($)

Advocate Park

14,447

Sawtell Toormina Sports & Recreation Club

13,173

Coffs Harbour Rugby Club

8,221

Coffs Harbour Hockey Fields

5,493

Coffs Harbour Kart Racing Track

1,479

Coffs Harbour Motor Cycle Club

2,946

Coffs Harbour Pistol Club

721

Woolgoolga Art Group (first instalment)

1,026

Coffs Harbour & District Aero Club

3,136

Glenreagh Mountain Railway

1,888

Woolgoolga Senior Citizens Centre

5,452

Nana Glen Hall

2,300

Bonville Hall

2,024

Ayrshire Park

35

Upper Orara Hall

2,184

Upper Orara Recreational Ground

710

Eastern Dorrigo (Ulong) Hall & Showground

35

Coramba Community Centre

2,280

Lower Bucca Community Centre

710

Woolgoolga Neighbourhood Centre

4,073

Nana Glen Sportsground

745

Lowanna Hall

710

Girl Guide Associate (Waste Service)

675

Total

74,463

Rates Subsidy – Surf Life Saving Clubs

Amount($)

Coffs Harbour Surf Club

6,818

Woolgoolga Surf Club

3,811

Red Rock Corindi Surf Club

1,699

Sawtell Surf Club

7,507

Total

19,835

Total Rates Subsidy

94,298

Direct Subsidy to Surf Clubs

36,000

Subsidy to Woolgoolga & Sawtell Chambers of Commerce

22,200

Total Donations & Rates Subsidy

223,198

 

Report

Description of Item:

Section 356 of the Local Government Act requires Council to annually assess and approve contributions made under the Donations by Council Program.

The Donations by Council Policy prescribes a process of assessing submissions submitted to the Donations Program based on merit. This process ensures that Council is accountable and transparent about the level of financial support to community events and organisations.

Council has a long history of making donations to support community organisations, with many of the organisations receiving annual funding for a period of greater than 10 years.  Other community groups have received funding on a more intermittent basis. Council has been willing to support these organisations to achieve their goals wherever possible and has committed limited funds in the budget for that purpose.

The following table list the recipients of the 2019/20 Donations Program. The total amount is recommended to be contributed/donated under Section 356 of the Local Government Act 1993:

Donations and Contributions

 

Recipient

Amount($)

Donations Unallocated (Mayor)

10,000

Westpac Rescue Helicopter

1,000

Schools Annual Presentations

5,300

North Coast Academy of Sport

6,000

Event Subsidies (Road Closures for Anzac Day Parades)

10,500

Southern Cross University Presentations

300

TAFE Presentations

300

D A Fees

5,000

Other Health Services – Life Education Van

4,000

TS Vendetta (Access Charge)

550

Reimbursement of Legal Fees for Lease Preparation

2,500

Variety Special Children’s Christmas Party

250

Coffs Harbour Spring Garden Festival

1,000

Coffs Ladies Silks Day

1,000

Coffs Harbour Agricultural Show

5,000

New Year’s Eve Fireworks

5,000

Coffs Harbour Eisteddfod

1,000

Christmas Carols

12,000

Total

70,700


Rates Subsidy – Sporting and Cultural Groups

Amount($)

Advocate Park

14,447

Sawtell Toormina Sports & Recreation Club

13,173

Coffs Harbour Rugby Club

8,221

Coffs Harbour Hockey Fields

5,493

Coffs Harbour Kart Racing Track

1,479

Coffs Harbour Motor Cycle Club

2,946

Coffs Harbour Pistol Club

721

Woolgoolga Art Group (first instalment)

1,026

Coffs Harbour & District Aero Club

3,136

Glenreagh Mountain Railway

1,888

Woolgoolga Senior Citizens Centre

5,452

Nana Glen Hall

2,300

Bonville Hall

2,024

Ayrshire Park

35

Upper Orara Hall

2,184

Upper Orara Recreational Ground

710

Eastern Dorrigo (Ulong) Hall & Showground

35

Coramba Community Centre

2,280

Lower Bucca Community Centre

710

Woolgoolga Neighbourhood Centre

4,073

Nana Glen Sportsground

745

Lowanna Hall

710

Girl Guide Associate (Waste Service)

675

Total

74,463

 

 

Rates Subsidy – Surf Life Saving Clubs

Amount($)

Coffs Harbour Surf Club

6,818

Woolgoolga Surf Club

3,811

Red Rock Corindi Surf Club

1,699

Sawtell Surf Club

7,507

Total

19,835

Total Rates Subsidy

94,298

Direct Subsidy to Surf Clubs

36,000

Subsidy to Woolgoolga & Sawtell Chambers of Commerce

22,200

Total Donations & Rates Subsidy

223,198

Issues:

Due to the limited funds available in this Program, Council has not advertised for submissions to the Donations by Council Program. Requests for funding are assessed as received, based on merit and the eligibility criteria detailed in the Donations by Council Policy. In accordance with the Policy, requests other than those listed in this report, are referred to the General Manager and Mayor for consideration and allocated from the Mayoral allocation.

The Donations by Council Policy excludes special funds for significant achievements which relate to representative sport or ambassadorial roles in the community, due to the large number of sporting and cultural organisations in the local government area. Council also does not support fundraising efforts for which there may be alternative sources of community support available.

Due to the large number of requests received, letters for financial support from charities and ‘special days’ are referred to the Coffs Harbour City Council Social Club for consideration.

Options:

There are several options that may be considered by Council including:

1.   Adopt the recommendation provided to Council. This option provides for the optimal distribution of donations and sponsorships by Council.

2.   Amend the recommendation provided to Council and then adopt. As a budget is established in the Operational Plan for this Program, amendment of the recommended list of donations may impact on the donations available to other community organisations.

3.   Reject the recommendation provided to Council. Selection of this option requires that Council cannot distribute donations and sponsorships to the community. As a consequence, all sporting and cultural groups for whom Council pays the rates as a donation would be required to do so from their organisation’s funds.

Sustainability Assessment:

•     Environment

There are no perceived environmental impacts

•     Social

Although the Donations Program is relatively small, the individual contributions assist in maintaining the viability of a number of community organisations and assist others with providing specific community events.

•     Civic Leadership

The Donations and Rates Subsidy Program enables Council to identify and respond to community aspirations and to ensure that Council has an equitable and transparent process to respond to requests for donations.

•     Economic – Broader Economic Implications

The donation funds made available by Council are, in many instances, added to by community organisations to carry out their activities.  This has a positive impact in the community.

•     Economic - Delivery Program/Operational Plan Implications

The total cost of $223,198 is provided for in Council’s budget with $195,385 from the General Fund and $27,813 from the Water and Sewer Funds.

Risk Analysis:

There are no perceived risks from this program.

Consultation:

The Donations Committee, comprising the General Manager, Mayor and Director of Sustainable Communities has considered the applications and supports the recommended program for 2019/20.

Related Policy, Precedents and / or Statutory Requirements:

Donations by Council Policy adopted May 2013.

Section 356 of the Local Government Act 1993 states that:

(1)  A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

(2)  A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.

(3)  However, public notice is not required if:

(a)  The financial assistance is part of a specific program, and

(b)  The program’s details have been included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and

(c)  The program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

(d)  The program applies uniformly to all persons with the council’s area or to a significant group of persons with the area.

Implementation Date / Priority:

Donations will generally be forwarded to recipients following approval by Council. Some will be held until the appropriate time to forward. In the case of Temporary Road Closures ($10,500) and DA Fees ($5,000) costs will be allocated as they occur.

Conclusion:

Whilst this report satisfies a legislative requirement, the Donations Program ensures that Council has a consistent, equitable and transparent process to respond to requests for donations. All applications received which meet the policy requirements, are given equitable consideration for donation funding.

Consideration by the Donations Committee ensures that the money allocated is done so in the most effective manner. This enables Council to be accountable to the community in regard to the spending of Council funds and in being transparent about the level of financial support to community events and organisations.

 


SC19/32       Aboriginal Cultural Awareness and Engagement Guide - Final

Author:                        Section Leader Community Planning & Performance (Acting)

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC19/32   'Yandaarra - Shifting Camp Together' A Guide for Aboriginal Cultural Awareness and Engagement  

 

Executive Summary

Council endorsed for exhibition the Draft Aboriginal Cultural Awareness and Engagement Guide on 13 June 2019.  The draft document was subsequently placed on public exhibition for 28 days. The exhibition was publicised and the community was invited to provide feedback. One community submission was received and has been considered by Council.

Council recognised the need to produce a guide that could assist Council staff, Councillors and Council volunteers (including Advisory Committee members) with an understanding of the importance of cultural understanding and protocols when carrying out their duties and responsibilities as Council representatives.

 

Recommendation:

That Council adopt the ‘Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement (attached).

 

Report

Description of Item:

Council recognised the need to develop a guide for Aboriginal Cultural Awareness and Engagement for use by staff, Councillors and volunteers.

Internal (Council) and external stakeholders (community, service providers and other Government agencies) were consulted to help inform the draft ‘Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement.

The Guide contains information to refer to when consulting and collaborating with local Aboriginal communities and includes information such as:

-     The Gumbaynggirr nation and Aboriginal identity;

-     Significant ceremonies, dates and events;

-     Cultural practices and considerations (including Welcome to Country and Acknowledgements); and

-     Community engagement protocols.

The Guide has been developed in order to:

-     Assist Councillors, staff and volunteers to provide a consistent and respectful approach to engaging with the Aboriginal community through strong relationships and effective communication;

-     Promote a collaborative approach to assist in the protection of Aboriginal culture in the local government area; and

-     Provide social and cultural understanding for the local community by acknowledging and celebrating Aboriginal perspectives and worldviews.

Issues:

The draft Guide was developed by Murawin Consulting, a majority Indigenous-owned consultancy firm based on the Mid North Coast. Consultations were undertaken by Murawin with local Aboriginal Elders, Community Members and Aboriginal Organisations, Yandaarra Aboriginal Advisory Committee and Council staff.

Council has sought community feedback on the Draft Aboriginal Cultural Awareness and Engagement Guide by way of a 28-day public exhibition period. One community submission was received, highlighting the importance of undertaking a broad-based consultation process with the Gumbaynggirr people during decision-making processes. This submission was noted, and apart from formatting updates, the final document contains the same content as the draft document that was exhibited.

The Guide will be used for training and induction purposes and updated as required and demonstrates a commitment by Council to further cultural understanding and respectful engagement with the Aboriginal community.

A key recommendation from Murawin Consulting identified through stakeholder consultation is to review the Terms of Reference for the Yandaarra Aboriginal Advisory Committee.  Council adopted this recommendation on 13 June 2019.  Council will consult further with the local Aboriginal community as to ways in which the Yandaarra Aboriginal Advisory Committee can better meet the needs of community and Council, and a separate report will be prepared for consideration by Council.

Options:

There are two options that may be considered by Council:

1.   Adopt the recommendation.

2.   Reject the Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement.

 Sustainability Assessment:

•     Environment

Council acknowledges the ongoing connection and custodianship of the land, waters and community of this area by Gumbaynggirr people.  The Guide identifies and provides background information on a number of environmental considerations. Council has an important role as a land use manager and a consent authority in identifying, assessing and managing heritage objects and places in the Coffs Harbour Local Government area.

•     Social

The MyCoffs Community Strategic Plan states that we recognise and acknowledge the traditional custodians of the Coffs Harbour Local Government Area (A1.1).  The Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement will provide Councillors, staff and volunteers with a greater understanding of the Gumbaynggirr culture and heritage.  It aims to assist in creating greater cohesion, collaboration and partnerships with the local Aboriginal community.

•     Civic Leadership

The MyCoffs Community Strategic Plan states that Council undertakes effective engagement and are informed (D1.2).  The Yandaarra Aboriginal Advisory Committee is a mechanism for maintaining an ongoing and productive relationship between Council and the Aboriginal community and as a forum to provide advice to Council.

•     Economic – Broader Economic Implications

The Indigenous business sector is fast growing across the country and coupled with the growth of Indigenous Procurement Policies in both the government and corporate sectors, there is great value to be gained by accessing and utilising local Indigenous businesses. 

The Guide recommends that Council engage with Supply Nation and the NSW Indigenous Chamber of Commerce to identify Aboriginal businesses that can be invited to quote and tender for works with Council.

•     Economic - Delivery Program/Operational Plan Implications

Nil

Risk Analysis:

The “Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement has resulted from consultation with key stakeholders and community members and demonstrates a commitment by Council to further cultural understanding and respectful engagement with the Aboriginal community.

Consultation:

In developing the draft Guide, Murawin Consulting undertook a review of key documentation, facilitated three community consultations at Boambee, Woolgoolga and Wongala Estate; and with the Yandaarra Aboriginal Advisory Committee.  Murawin Consulting also consulted with key stakeholders including:

-     Elders Groups

-     Aboriginal Affairs – North Coast Region

-     Coffs Harbour and District Local Aboriginal Land Council

-     Yandaarra Aboriginal Advisory Committee members

-     Coffs Harbour Aboriginal Interagency (CHAI)

-     Muurrbay Aboriginal Language and Culture Co-operative

-     Council’s Senior Leadership Team, and other Council staff

-     Other Aboriginal community organisations, service providers and community members

Council has sought community feedback on the Draft Aboriginal Cultural Awareness and Engagement Guide by way of a 28-day public exhibition period. One community submission was received, highlighting the importance of undertaking a broad-based consultation process with the Gumbaynggirr people during decision-making processes.

Related Policy, Precedents and / or Statutory Requirements:

Community Engagement Policy

Office of Local Government “Engaging with Local Aboriginal Communities” (2007)

National Parks & Wildlife Act 1974

Implementation Date / Priority:

The final Guide will be implemented immediately upon Council’s resolution, and a copy published on Council’s website.

Conclusion:

It is recommended that Council adopt the ‘Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement to assist Council staff, Councillors and Council volunteers (including Advisory Committee members) with cultural understanding and respectful engagement with the Aboriginal community.

 


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