Coffs Harbour City Council

06 November 2019

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 14 November 2019

 

The meeting commences at 5.00pm 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 General

NOM19/13      Cultural and Civic Space Poll/Survey....................................................... 3

NOM19/14      Cultural and Civic Space.................................................................................. 5

General Manager's Reports

GM19/27         Submissions Policy - Post Exhibition........................................................... 7

GM19/28         Part Day Public Holiday for the Coffs Harbour Gold Cup............ 19

Directorate Reports - Business Services

BS19/54          Quarterly Budget Review Statement for September 2019............. 25

BS19/55          Business Incentive Policy Review - Post Exhibition............................ 44

BS19/56          Environmental Levy Policy - Post Exhibition......................................... 44

BS19/57          Coffs Harbour Airport Enterprise Park Update................................ 44

BS19/58          Sale of Shares in Southern Phone Company Limited......................... 44

Notices of Motion Sustainable Communities

NOM19/15      Christmas Carols Budget.............................................................................. 44

NOM19/16      Development Applications - Two Tails Winery...................................... 44

Directorate Reports - Sustainable Communities

SC19/53          Update to Flood Mapping Data Sets.......................................................... 44

SC19/54          Northern Regional Planning Panel - Development Application No. 0742/19 - Educational Establishment (demolition, alterations and additions to an existing school) - Lot 12, DP 709701, St John Paul College, 421 Hogbin Drive, Coffs Harbour............................................. 44

Directorate Reports - Sustainable Infrastructure

SI19/13           Review of Alcohol Restricted Zones....................................................... 44

SI19/14           Memorandum of Understanding between National Parks and Wildlife Services and Coffs Harbour City Council for the Joint Management of Coffs Coast Regional Park.......................................... 44   


NOM19/13   Cultural and Civic Space Poll/Survey

Attachments:          Nil

 

Motion:

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

"Coffs Harbour Council commission a qualified, independent consultant to undertake a poll/survey relating to community satisfaction around the evolution and progression of the Coffs Harbour Cultural and Civic Space project.

 

That poll is to be a targeted, demographically sound, random, telephone poll that samples enrolled voters over 18 years of age.  The poll should have a confidence level of 99% with (+- variance of 5%.) and the results presented to councillors as soon as completed, prior to being formally presented to council at the first meeting of 2020.

 

The questions to be included are:

 

Do you support larger Art Gallery facilities?

Do you support larger Library facilities?

Do you support upgraded council office facilities?

Are you aware of what is proposed in the Civic and Cultural Space project?

Do you support the Civic and Cultural Space project as proposed? If not, why not and what changes could be made to gain your support?

 

When did you become aware of the functions that would be provided within the Civic and Cultural Space building ...greater than one year ago, six months ago, only recently, still don’t know?

 

What is the best way to notify you in the future about any major Council projects occurring with community input:

 

1.    Information table in city centre

2.    Mail

3.    Email

4.    Phone

5.    Social media

6.    Local media outlets (such as Advocate newspaper)

 

Funding is to come from the current budget of the Cultural and Civic Space project."

 

Rationale:

The NSW Local Governments Act 1993 No 30 states:

 

“14.    Council Polls

A council may take a poll of electors for its information and guidance on any matter”

There have been concerns around how well the community have been informed and consulted with on this matter.  An extensive community education campaign has recently been actioned by council.  It is now timely to gauge the community response to this program and the proposed “Civic Space” project in general.

No matter where you sit on the cultural centre, it is clear that it has divided the community and this has at least in some part been due to people feeling like they didn’t have a voice in shaping this major infrastructure decision.  In order to avoid such a divide in the future, the Council needs to learn any lessons it can from this.  A mature and responsible local government organisation such as our own should be able to accept some responsibility, reflect on what went wrong and make sure we do better in the future.

Proponents of the new council facility state that the opposition is that of a vocal minority.  If this is indeed the case, this should be demonstrated, and we should know in future projects, how we can best gain insights from a representative majority.”

Staff Comment:

Initial contact has been made with a survey/research organisation that has undertaken surveys on behalf of Council previously to seek some professional advice.  With regard to that advice, Council should be mindful of several matters:

 

1.    To properly interpret the survey results it is necessary to have an understanding of the level of knowledge that a respondent has when answering the survey questions. The source of and level of knowledge are likely to be significant influencers on the respondent’s view. It would also be pertinent to have some demographic questions such as age, gender, location to enable a proper analysis of the results.

2.    It is important for a survey to be unbiased and therefore the questions should be developed with some expertise.  Rather than being prescriptive on the precise wording of the questions, it would be more appropriate to seek advice on the final wording from the independent consultant, particularly given the complexity of a large capital project.

3.    It is suggested that the timeframe of a report to Council will be dependent on the timing of any survey.  If the Notice of Motion becomes a Council resolution the independent consultant would need to be procured in accordance with Council policy, and the survey designed, undertaken and evaluated before reports are prepared.  Given the proximity to the Christmas/New Year period, the scheduling of any survey would need to take this into account.

 

Also for clarity, the reference to ‘poll’ in the Rationale refers to the Local Government Act 1993. ‘Council polls’ under the Act are polls of the entire eligible voting public of the Local Government Area and are not surveys as envisaged in the Notice of Motion.

 

 


NOM19/14   Cultural and Civic Space

Attachments:          Nil

 

Motion:

Councillor Swan has given notice of her intention to move the following:

"That council:

Pause the current Cultural and Civic Space project to respond to and address ongoing community concern around the cost and inclusions of the project.

For a three-month period, council will undertake a new round of community consultation to allow for the establishment of:

1.       Community expectation specifically in relationship to cultural and civic facilities required across the LGA

2.       Platforms for relevant information to be communicated in more accessible and easily comprehendible mediums.

Please note: this is not stopping or ending the existing project but providing time for the community’s current desires and expectations of Coffs Harbour City Council to be established and taken into consideration in moving forward to ensure that the facilities that are created are what our community wants now and into the future.

Following this period, the new information will be measured against the existing parameters of the project to determine any changes which may or may not need to be undertaken before the project continues to proceed.

The associated costs resulting from these actions are to be taken from the Communication and Marketing budget."

 

Rationale:

“Acknowledging that the current level of information available and community consultation to date has been undertaken in line with present requirements and ticks all boxes, the community, have, in numerous ways, made their sentiments clear regarding this project.  As community leaders it is our obligation to listen and respond accordingly.

 

The ways communities interact, engage and respond is changing.  This project has provided many learning opportunities for Coffs Harbour City Council Councillors and staff.  We currently have an engaged community and the opportunity to embrace and listen to that or to push on and further fracture the relationship and public perception of CHCC.

 

By showing respect for the community and allowing further input into this project we will create the best outcome.

 

Regardless of what has happened in the past, this is the reality now and it is our responsibility to be responsive to that.

 

By taking the time to establish current expectations, not only regarding cultural and civic facilities but also of levels of service and infrastructure expectations we will be in a better position to serve and provide for the community in a way that allows for a culture of communication and co-operation between council and the wider community.

 

While this project is significant and important, continuing to push forward without acknowledging community concerns will only intensify mistrust and resistance to future council projects.  We have the opportunity to get this right now.  Not only for this project but for all future projects as well.”

Staff Comment:

The CCS Project office has a communication and engagement plan in play to provide accurate project information and answer questions.  This includes use of additional channels for engagement such as Facebook and a project specific website.

 

Further clarity regarding what is meant by ‘pause’ would be useful.  It is not clear if ‘pause’ means to pause all other project work in the suggested three-month period, pause some specific elements of project work or to continue project work in parallel.

 

Records indicate that numerous consultations around cultural and community infrastructure needs for the LGA have taken place the past 30 years.

 

Examples of both broad and targeted consultations that are either in progress or have been undertaken in the last 5 years include:

 

·    Community engagement in relation to cultural facilities.

·    Creative Coffs – Cultural Strategic Plan 2017-2022

·    Cultural and Civic Space project

 

Feedback received through these consultations indicates that there is consultation fatigue, frustration and confusion within the community around the topic of cultural infrastructure development.

 

Council should therefore consider both the timing, approach, adequate resourcing and purpose of any new community consultation so that it does not duplicate consultations or planning processes that have been completed or are still in progress in particular:

 

·    Coffs Harbour LGA Library, Museum and Gallery (LMG) Strategic Plan,

·    Performing Arts Space Issues and Options Report (both indoor and outdoor)

·    City Hill Scoping Project for Cultural Development

·    Community & Cultural Facility Plan for the LGA

 

  


GM19/27      Submissions Policy - Post Exhibition

Author:                        Group Leader Customer Services

Authoriser:                  Group Leader Governance

MyCoffs:                      D.1 Our leaders give us confidence in the future

Attachments:              ATT1  GM19/27  Submissions Policy

ATT2  GM19/27  CONFIDENTIAL Submissions

Confidential in accordance with Section 10A(2)(a) of the Local Government Act as it contains personnel matters concerning particular individuals (other than Councillors).  

 

Executive Summary

At its meeting of 11 July 2019, Council considered a report in respect to proposed amendments to its Submissions Policy and adopted the following resolution:

 

That Council:

1.    Place the draft Submissions Policy on public exhibition for fourteen days

 

The draft Submissions Policy was subsequently placed on public exhibition for the period from 29 July 2019 through to 12 August 2019.

 

As an outcome of the submissions received during the exhibition period some changes have been made to the policy, primarily details on how Council receives and manages petitions.  Also, the policy review date has been brought forward to 31 January 2020 to ensure this policy aligns with Council’s draft Community Participation and Engagement Plan which is currently on public exhibition.

 

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.  This report presents the revised Submissions Policy for adoption.

 

Recommendation:

That Council adopt the revised Submissions Policy.

 

Report

Description of Item:

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.

 

Policy Name

Policy detail

Submissions Policy

Coffs Harbour City Council welcomes submissions from members of the community and industry stakeholders as this feedback is critical in Council’s achievement of informed and transparent decision making.  The purpose of this policy is to assist those making a submission and ensure that Council’s consideration of submissions is fair and consistent.

This policy has been revised to provide details on how Council receives and manages petitions.

 

Issues:

Three submissions were received during the policy’s public exhibition period (refer to Confidential Attachment 2).  The matters raised and the officers’ responses are included below.

 

Matter Raised

Response

Policy Change

Disagree with the proposal that the community cannot submit petitions on the same issue within a two-year period.

The revised policy contains the following statement: Where a petition is received on a similar issue to a previous petition within 24 months, the main petition contact will be notified of the outcome of the previous petition if the Council considers that the issues raised have been addressed.

 

Yes

The public should be able to submit a petition regarding the one matter as many times as it likes and not be restricted to a time frame.

The revised policy contains the following statement: Where a petition is received on a similar issue to a previous petition within 24 months, the main petition contact will be notified of the outcome of the previous petition if the Council considers that the issues raised have been addressed.

 

Yes

Removal of superfluous detail.

 

Removal of the following dot points:

 

Petitions are excluded from consideration if the petition:

 

•    Is within 24 months of another petition considered by Council on the same matter

•    Deals with objections to a specific Development Application

 

Increase public awareness around the provisions of disclosure of reportable gifts and donations.

Superfluous detail removed.

 

The revised policy contains the following statement:  Where a petition is received on a similar issue to a previous petition within 24 months, the main petition contact will be notified of the outcome of the previous petition if the Council considers that the issues raised have been addressed.

 

Second dot point has been removed.

 

Council’s online DA submission form has been updated to include a relevant disclosure statement.

Yes

 

Yes

 

 

 

 

 

 

 

 

Yes

 

N/A

 

As an outcome of the submissions received during the exhibition period some changes have been made to the policy, primarily details on how Council receives and manages petitions.  Also, the policy review date has been brought forward to 31 January 2020 to ensure this policy aligns with Council’s draft Community Participation and Engagement Plan which is currently on public exhibition.

Options:

It is considered that the following options are available to Council:

 

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation or policy provided to Council and then adopt.

3.    Reject the revised policy provided to Council meaning that the current policy without amendment will remain in place.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

Policies are an important communication tool used by Council for providing our community and general public detail on strategic aims, commitments and obligations.

•     Civic Leadership

Policies are important for ensuring transparency and accountability in local government.  Their implementation enables Council to identify and respond to the community.  This is consistent with the MyCoffs Community Strategic Plan Strategy D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

There are no broad economic impacts associated with the implementation of the recommendations.

•     Economic - Delivery Program/Operational Plan Implications

The ongoing development and review of Council policies and plans are accommodated within Council’s budget structure.  This expenditure is monitored through Council’s monthly and quarterly budget reviews.

Risk Analysis:

There were no significant risks identified in the adoption of this policy.

Consultation:

The policy was placed on public exhibition for the period 29 July 2019 through to 12 August 2019 and three submissions were received.  The matters raised in the submissions and responses are detailed in the Issues Section of the report.

Related Policy, Precedents and / or Statutory Requirements:

Detailed within the policy as required.

Implementation Date / Priority:

Immediate.

Conclusion:

That council adopt the revised Submissions Policy.

 

 



 


 


 


 


 


 


 


 


GM19/28      Part Day Public Holiday for the Coffs Harbour Gold Cup

Author:                        Governance Coordinator

Authoriser:                  General Manager

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  GM19/28  Local Public Holidays and Local Event Days information sheet - 2019

ATT2  GM19/28  CONFIDENTIAL Part Day Public Holiday for the Coffs Harbour Gold Cup - Submissions

Confidential in accordance with Section 10A(2)(e) of the Local Government Act as it contains information that would, if disclosed, prejudice the maintenance of law.  

 

Executive Summary

Since 1971, the Coffs Harbour Local Government Area has been granted a half day, or more recently, a local part day public holiday for the Coffs Harbour Gold Cup.

To continue having an annual local part day public holiday, Council must, on a biennial basis, apply to the State Government to have it declared under the Public Holidays Act 2010.  As part of this biennial application, Council is required to carry out public consultation to consider the impacts, costs and benefits of declaring a local part day public holiday within the Coffs Harbour Local Government area.

Council has completed public consultation and received 181 submissions.  This report presents a summary stakeholder feedback and seeks a resolution from Council on whether to apply for a local part day public holiday for the first Thursday of August 2020 and 2021 for the annual Coffs Harbour Gold Cup.

 

Recommendation:

That Council applies for a part day local public holiday (12 noon to 5.30pm) on the first Thursday in August 2020 and 2021 for the Coffs Harbour Gold Cup.

 

Report

Description of Item:

Since 1971, Coffs Harbour City Council (Council) has applied for and been granted a half day public holiday for the Coffs Harbour Gold Cup.  This event is hosted by the Coffs Harbour Racing Club and is held annually on the first Thursday in August.  Since 2013, Council has applied for a local part day public holiday, rather than a half day.  This means the annual public holiday commences at 12 noon and finishes at 5:30pm.

 

In order for the Coffs Harbour Local Government Area to continue having an annual local part day public holiday, Council must, on a biennial basis, apply to the State Government to have it declared under the Public Holidays Act 2010.  As part of this application, Council is required to consider the impacts to regional businesses and local communities, the effect on local schools and effect on the transport of school students.

 

Council wrote to the following to seek feedback and comments on the impact of the gazetted local part day public holiday for the Coffs Harbour Gold Cup:

 

-     All schools within the LGA (primary and secondary)

-     Local bus companies

-     Bank and Building Societies within the LGA

-     Local Traffic Committee

-     Coffs Harbour, Sawtell and Woolgoolga & Northern Beaches Chambers of Commerce

-     Destination Coffs Coast Committee

-     Coffs Harbour Racing Club & Function Centre

-     Australian Hotels Association (NSW)

-     Coffs Harbour Liquor Accord

 

In addition, the public consultation period was advertised through an ad on Council’s page within the Coffs Coast Advocate, an alert through Council’s Facebook page and Council also created a page on its “Have Your Say” site within Council’s website.

 

The consultation period ran from 28 August 2019 to 25 September 2019.  Council received 181 submissions (provided in the confidential attachment).

 

A brief summary of stakeholder feedback is presented in the consultation part of this report.

Issues:

Under the Public Holidays Act 2010 local Councils are able to apply for either a ‘local public holiday’ or a ‘local event day.’  The attached information sheet outlines this legislation and its impact.  Council has always applied for a local public holiday.

 

For a local government area to apply for and be granted a local public holiday or local event day, Council needs to demonstrate that the event or reason for the holiday is considered of special significance to the community.  Therefore, should Council consider another event for a local public holiday or local event day, further community consultation would be required.

Options:

1.    Adopt the recommendation to retain the part day public holiday for the Coffs Harbour Gold Cup Race day in 2020 and 2021.

2.    Amend the recommendation and apply for a local event day for the Coffs Harbour Gold Cup Race day.  This means that the day would not be a gazetted ‘public holiday’.  However, if Council resolves to apply for a local event day it is suggested that as a policy decision, Council continue to close for the afternoon to allow staff to support the event.

3.    Reject the recommendation and do not apply for either the part day public holiday or local event day for the Coffs Harbour Gold Cup Race day.

Sustainability Assessment:

•     Environment

There are no environmental impacts as a result of this report.

•     Social

There is evidence of community spirit during the week preceding the Coffs Harbour Gold Cup.

•     Civic Leadership

The nomination of this type of event in consultation with stakeholders is consistent with the MyCoffs Strategy B.1 A thriving and sustainable local economy.

•     Economic – Broader Economic Implications

There is evidence that the public holiday provides economic benefits for the Race Club, local businesses, job opportunity and tourism benefits for Coffs Harbour generally.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program or Operational Plan implications as a result of this report.

Risk Analysis:

There is a potential for reputational risk to Council associated with this report.  Regardless of what decision Council makes, there will be some dissatisfaction within the community.

Consultation:

Council conducted public consultation to assess impacts to regional businesses and local communities, the effect on local schools and transport of school students.  The consultation period was between Wednesday 28 August 2019 and Wednesday 25 September 2019.

 

In total, Council received 181 individual responses from the public.  The majority of responses were provided by locals (75%).  The remaining submissions were either from people who do not reside in to the LGA (8%) or those of which we could not determine their locality (17%).

 

The majority of responses were in support of continuing to apply for a part day public holiday.  The following table lists the various views and suggestions provided in the submissions:

 

Submission

No. submissions that listed this option1

Percentage of submissions that listed this option

Supports continuation of a part day public holiday2

103

57%

Does not support any form of public holiday or event day

39

22%

Supports a full day public holiday

20

11%

Supports an event day

12

7%

Supports a public holiday, but for a different event

10

6%

Suggests the Coffs Harbour Gold Cup be held on a Saturday

8

4%

Suggests the Coffs Harbour Gold Cup be held on a Sunday

6

3%

Supports a public holiday but on a Friday

5

3%

Only provide detail on the impact due to the part day public holiday

2

1%

Suggests the Coffs Harbour Gold Cup be held in November

1

1%

Supports a half day public holiday

1

1%

 

1    This number does not correlate to the number of submissions as many submissions made multiple suggestions.

2     It is important to note that many responses used half day and part day interchangeably, however in assessing them, submissions that used references to a half day public holiday that were either related to maintaining status quo or were not specifically stating a request to change to a half day were determined to mean a Part Day public Holiday.

 

In reviewing the submissions, many of the issues and considerations raised were similar in context and were grouped together.  The following table provides a list of issues and considerations raised. Many submissions raised multiple issues and considerations within each response, the table below reflects this.

Issue or considerations raised

No. of times raised

The public holiday provides economic benefits for the Race Club, local businesses, and/or job opportunity for Coffs Harbour generally

51

The public holiday is great for the community, is well supported, enables socialising, connections and networking and/or enable spending time with family (whether at the event or not)

48

The public holiday impacts children and education by shutting schools, absenteeism, child care arrangements and/or buses and transport

44

The Coffs Harbour Gold Cup is a great day, big event and/or brings big crowds

38

The public holiday impacts businesses due to increased costs, staff wages, loss of income, shutting operation and/or affecting employee work commitments

37

The Coffs Harbour Gold Cup is good for tourism and bringing visitors

30

The public holiday increases numbers and without it the event and/or numbers will decline or cease

29

The Coffs Harbour Gold Cup and associated holiday is traditional or  been around for a long time and/or against change or taking it away

28

There is general enjoyment of the public holiday/event such as fashion and dressing up, time off work, attending and/or supporting/ celebrating it

26

There are Issues/concerns that the event and public holiday supports and promotes gambling and/or alcohol consumption

22

Believe the holiday should be more family/community orientated, combine with other events, is not fair on other events and/or a different event is better

19

Concerns regarding the ethics and animal welfare in relation to horse racing and/or generally against horse racing

18

They do not attend or have no interest in horse racing

15

The public holiday for the Coffs Harbour Gold Cup sends a poor example/message to children

12

Believe that people/business should attend the Coffs Harbour Gold Cup in their own time, by personal choice or be flexible to decide if they wat to attend

10

The Coffs Harbour Gold Cup and/or public holiday has a negative impact, is disruptive and/or considered uneconomic to Coffs Harbour

9

Public holiday is not justified for the small percent of population who attend or are interested in the Coffs Harbour Gold Cup

7

The public holiday is necessary as other town have them for events

7

The public holiday affects customers

5

Business, schools, parent etc. are used to the public holiday and Coffs Harbour Gold Cup and make it work

4

The Coffs Harbour Gold Cup and public holiday cause CBD traffic issues

3

There is a desire to improve the Coffs Harbour Gold Cup and/or make it bigger

3

People who work on this day should get penalty rates

2

Other option - Pay the bus drivers the penalty rates

1

Other option - Have a show day

1

 

All submissions provided to Council are available in the confidential attachment.

Related Policy, Precedents and / or Statutory Requirements:

Public Holidays Act 2010

Guidelines for Local Public Holiday and Local Event Day Applications issued by NSW Treasury

Implementation Date / Priority:

Immediate.

Conclusion:

It is recommended that Council continues to apply for an annual part day local public holiday for the Coffs Harbour Gold Cup.

 

 

 


 


BS19/54       Quarterly Budget Review Statement for September 2019

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              ATT1  BS19/54   QBRS Budget Variations for the Quarter ended September 2019

ATT2  BS19/54   QBRS Reports for the Quarter ended September 2019  

 

Executive Summary

The Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements under Clause 203 of the Regulation.  This regulation requires a Council’s Responsible Accounting Officer to submit quarterly budget review statements to the governing body of Council.  These statements are contained within the attachments to this report.

 

This report summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.

 

 

Recommendation:

That Council:

 

1.    Note the Quarterly Budget Review Statement and the following estimated budget position as at 30 September 2019:

2019/20 Original Budget

2019/20 Revised Budget

2019/20 Projected Budget

2019/20 Sep YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

98,664

98,664

106,469

100,556

User Charges & Fees

44,303

44,303

44,303

8,591

Interest & Investment Revenue

5,153

5,153

5,153

1,759

Other Revenues

18,263

18,263

10,632

2,361

Grants & Contributions provided for Operating Purposes

14,184

14,335

14,243

3,258

RECURRENT REVENUE

180,567

180,718

180,800

116,525

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

56,820

56,827

57,135

15,030

Borrowing Costs

8,814

8,814

8,773

1,101

Materials & Contracts

119,251

143,200

147,611

23,305

 

 

 

 

 

 

2019/20 Original Budget 

2019/20 Revised Budget

2019/20 Projected Budget

2019/20 Sep YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Depreciation & Amortisation

45,350

45,350

45,350

11,361

Other Expenses

15,614

15,614

15,501

2,486

Less: Capitalised Expenses

(66,745)

(88,767)

(93,208)

(12,942)

RECURRENT EXPENDITURE

179,104

181,038

181,162

40,341

 

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

1,463

(320)

(362)

76,184

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

22,541

27,168

28,055

6,555

CAPITAL REVENUE

22,541

27,168

28,055

6,555

 

 

 

 

 

NET SURPLUS

24,004

26,848

27,693

82,739

 

2.    Approve the following budget adjustments:

·   $41,535 increase in the budgeted net operating deficit;

·   $889,282 increase in budgeted capital revenue to be received;

·   $4,440,978 increase in the budgeted level of capital expenditure;

·   $278,785 funding from cash reserves

 

Report

Description of Item:

As part of the Integrated Planning and Reporting (IP&R) Framework for local government, the Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements.  These documents are collectively known as the Quarterly Budget Review Statement (QBRS) and form part of the framework of Clause 203 of the Regulation.  This regulation requires a Council’s Responsible Accounting Officer to submit quarterly budget review statements to the governing body of Council.  These minimum statements are contained within the attachments to this report.

 

The Responsible Accounting Officer advises that the Quarterly Budget Review Statement indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

Attachment 1 contains a list of recommended variations for the quarter ended 30 September 2019 for the consideration of the Council.  These variations are reflected in the projected budget as presented in the estimated budget position as at 30 September 2019 contained within the recommendation.

 

The end of year financial statements excludes any internal transactions which may be recorded within our financial system so as to truly reflect our financial position.  An example of such a transaction would be where the Council charges itself Rates for a property it owns.  For financial statement preparation, such a transaction would be excluded from the financial statements. Similarly, this report is created on the same basis for consistency.

 

Attachment 1 summarises the recommended variations for the quarter ending 30 September 2019 for the consideration of the Council.  These variations are reflected in the projected budget.  Columns are included to make it clearer how variations impact the operating result, capital expenditure and the relevant funding sources.  The column definitions for the table are as follows:

 

-      Operating

Adjustment to either operating income or operating expenses, the net of which impacts the operating result.  A positive number represents a deterioration and negative number represents an improvement in the operating result.

-      Reserves – Operating

Any adjustment to either operating income or operating expenses that are offset by movements to or from Council’s restricted reserves.  A positive number represents an improvement and negative number represents a deterioration in the overall cash position.

-      Capital Expenditure

Adjustment to the level of capital expenditure.  A positive number represents an increase and negative number represents a decrease in the level of capital expenditure.

-      Capital Grants and Contributions

Adjustment to capital grants and contributions (capital revenue).  A positive number represents a decrease and negative number represents an increase in capital grants and contributions to be received.

-      Reserves – Capital

Any adjustment to either capital expenditure or capital grants and contributions that are offset by movements to or from Council’s restricted reserves.  A positive number represents an improvement and negative number represents a deterioration in the overall cash position.

 

-      Cash Reserves

Funding required from cash at bank.

Issues:

This report is tabled to meet Council’s statutory requirements.  These variations will not impact council’s financial strategies.

Options:

Council’s options in relation to this report are to:

 

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation provided to Council and then adopt.  This may impact upon the projected bottom line budgeted position.

3.    Reject the recommendation provided to Council.  This would revert the budget back to its original position prior to the recommendation being sought.

Sustainability Assessment:

•     Environment

There are no perceived short or long-term environmental impacts.

•     Social

There are no perceived short or long term social impacts.

•     Civic Leadership

Council strives to reach a balanced budget position by June 30 each year in conjunction with meeting its short term priorities.

•     Economic – Broader Economic Implications

This report assesses the current year’s projected budget position only.  Any variations approved by Council are subsequently reflected in Council’s Delivery Program and may affect future economic sustainability.

•     Economic – Delivery Program/Operational Plan Implications

The original adopted budget for 2019/20 provided a net surplus of $24,004,000 and an operating surplus of $1,463,000 before capital revenue.  The budget adjustments recommended in this report, together with revotes previously approved by Council, result in a projected budget net surplus of $27,693,000 and an operating deficit of $362,000 before capital revenue.  There has been a deterioration in the operating result of $41,535 this quarter, with the majority of recommended changes funded by existing Council reserves.

Risk Analysis:

Not applicable.

Consultation:

Group Leaders and their relevant staff have reviewed their budgets by cost centre in consultation with Finance Business Partners.  Requested variations and variations adopted by Council have been included in the report.

Related Policy, Precedents and / or Statutory Requirements:

Under Local Government Regulations, the Responsible Accounting Officer is required to submit a quarterly budget review to Council.

Implementation Date / Priority:

The approved variations will be updated in the affected budgets prior to release for review in the following month.

Conclusion:

This report summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.  The Responsible Accounting Officer confirms the Quarterly Budget Review Statement indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

 

 


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BS19/55       Business Incentive Policy Review - Post Exhibition

Author:                        Developer Contributions Officer

Authoriser:                  Director Business Services

MyCoffs:                      D.1 Our leaders give us confidence in the future

Attachments:              ATT1  BS19/55   Revised Business Incentive Policy (POL-005)

ATT2  BS19/55   Developer Contributions Plan - City Centre Car Parking

ATT3  BS19/55   Developer Contributions Plan - Jetty Area Car Parking

ATT4  BS19/55   Developer Contributions Plan - Park Beach Area

ATT5  BS19/55   Development Servicing Plan - Wastewater

ATT6  BS19/55   Development Servicing Plan - Water Supply

ATT7  BS19/55   CONFIDENTIAL Public Exhibition Submission

Confidential in accordance with Section 10A(2)(a) of the Local Government Act as it contains personnel matters concerning particular individuals (other than Councillors).  

 

Executive Summary

At the Council meeting held on 12 September 2019, it was resolved to place the revised draft Business Incentive Policy and relevant Developer Contribution Plans on public exhibition.  These items have been on public exhibition for a period of 28 days with one submission being received by Council during this period.

 

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 Business Incentive Policy and the relevant Developer Contribution Plans.

 

 

Recommendation:

That Council:

1.       Adopt the attached revised Business Incentive Policy (Attachment 1) and relevant Developer Contributions Plans (Attachments 2-6); and

2.       Inform the party who made the submission (Attachment 7) of the outcome.

3.       Undertake a Business Incentive Policy stakeholder awareness program

 

Report

Description of Item:

The revised draft Business Incentive Policy along with the associated Developer Contributions Plans were provided to Council in September 2019, when it was resolved to place these items on public exhibition for a period of 28 days.  The draft Business Incentive Policy and Developer Contributions Plans were advertised for public exhibition from the 18 September to 15 October 2019.  During the public exhibition period one submission was received.

The revised Business Incentive Policy (Attachment 1) provides concessions and/or exemptions for certain commercial change of use developments that may attract water, sewer and/or car parking contributions.

 

The relevant section 7:11 and section 64 plans applicable to this policy include:

-     Developer Contributions – City Centre Parking

-     Developer Contributions – Jetty Area Car Parking

-     Developer Contributions – Park Beach Area

-     Development Servicing Plan – Wastewater

-     Development Servicing Plan – Water Supply

 

The revised Business Incentive Policy is mentioned under the ‘exemption’ section in each of these plans.

 

Comparisons show evidence that the implementation of the Business Incentive Policy has seen an increase in the size of developments compared to previous financial years.

 

There have been a number of occasions over the past 12 months where small business owners have directly expressed concern in relation to Section 64 water and sewer contribution charges.  In general, the sentiment is that more could be done to assist businesses and provide some incentive across water and sewer contributions.  In the instances that this has caused issue it has been specifically related to “change of use” developments for smaller businesses.

 

This has been considered along with other relevant provisions.  The revised Business Incentive Policy proposes:

 

-      The Small Business Enterprise Incentive includes a concession or exemption to water and sewer contributions for change of use developments, with a maximum discount capped at $20,000 per property.

As shown in the attached revised policy this incentive works on a sliding scale and provides the most benefit to small business (ie. full exemption for businesses under 500 sqm in gross floor area).

-      It is recommended to remove the High Consumption Incentive offering and replace it with the extended water and sewer provisions under the Small Business Enterprise Incentive.

Issues:

During the public exhibition period one submission was received.  The submission fully endorsed and supported the revised Business Incentive Policy.  The submitter noted that the Small Business Enterprise Incentive package will improve the affordability of smaller developments, in the CBD catchment.

 

The submission also suggested that further consideration could be given to enhance communication regarding the policy offerings to the industry.  It should be noted a direct mail out to local Town Planners, Development Consultants and relevant property owners was initiated for the Coffs Harbour City Centre Development Incentive Policy.

 

To further enhance targeted communication relevant to this policy, it is recommended that another stakeholder awareness program be undertaken upon adoption of the revised Business Incentive Policy.

Options:

In considering this report Council has the following options:

 

1.    Accept the recommendation in this report and adopt the revised Business Incentive Policy along with the associated amended Contributions Plans.

2.    Cease the Business Incentive Policy in its entirety or further modify any condition(s).

3.    Retain the current Business Incentive Policy.

Sustainability Assessment:

•     Environment

Environmental impacts are considered with all development applications.  It is not expected that this policy will have any environmental impact.

•     Social

Policies are an important communication tool used by Council for providing our community and general public detail on strategic aims, commitments and obligations.

•     Civic Leadership

Policies are important for ensuring transparency and accountability in local government.  Their implementation enables Council to identify and respond to the community.  This is consistent with the MyCoffs Community Strategic Plan Strategy D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

The continuation of the Business Incentive Policy is expected to generate further economic activity within the Coffs Harbour Local Government Area.

 

The Section 7.11 Developer Contribution Plans and Section 64 Development Servicing Plans are based on future population projections and therefore exempting such developments could affect income derived from these plans.  Any potential shortfall in income may need to be funded from an alternative source.  Although it is not possible to quantify the exact potential uptake and potential loss of income, incorporating a maximum cap (water and sewer incentive allowance) of $20,000 per commercial property will limit Council’s financial commitment.

•     Economic - Delivery Program/Operational Plan Implications

It is expected that a proportion of development covered by the policy will not have occurred except for the fact the policy is in place and therefore it is not expected to have a detrimental impact on the financial sustainability of the organisation.

Risk Analysis:

The Business Incentive Policy leads to the forgoing of some developer contributions; however, these contributions may not be earned in any case due, for example, to the current disincentive in making changes to a property’s business use.  Therefore, it is considered that the policy does not present any significant financial risk for Council; however, its impacts will be monitored on an ongoing basis.  By having a maximum discount capped at $20,000 per commercial property, for water and sewer will provide a mechanism to minimise financial risk.

Consultation:

Relevant staff members and working group members across Council have been consulted in the preparation of this report.

 

The revised draft Business Incentive Policy and associated Developer Contributions Plans were placed on public exhibition for a period of 28 days with one submission being 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 Business Incentive Policy will become available immediately upon adoption by Council.

 

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

Conclusion:

It is expected that the adoption of the revised policy will generate further economic development within Coffs Harbour LGA and provide incentives to generate further employment and business opportunities into the future.

 

Public submissions were invited with Council receiving one submission during the public exhibition period.  The submission provided clear support for the revised policy.  It is recommended that Council adopt the revised Business Incentive Policy.

 

 

 

 


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BS19/56       Environmental Levy Policy - Post Exhibition

Author:                        Grants Administration Officer

Authoriser:                  Director Business Services

MyCoffs:                      C.2 A natural environment sustained for the future

Attachments:              ATT1  BS19/56   Environmental Levy Policy

ATT2  BS19/56   CONFIDENTIAL Submissions

Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.  

 

Executive Summary

At the Council meeting held on 25 July 2019, a resolution was passed to support the placement of the draft revised Environmental Levy Policy on public exhibition

 

The Policy was placed on public exhibition for a period of 28 days and representatives of external providers of Environmental Levy major strategic projects were also provided an opportunity for comment on the revised Policy.  Two submissions were received by Council.

 

The purpose of this report is to inform Council of the outcome of the public exhibition process and to seek adoption of the final draft revised Environmental Levy Policy.

 

 

Recommendation:

That Council:

1.   Adopt the attached Environmental Levy Policy (Attachment 1); and

2.   Inform all parties who made submissions (Attachment 2) of the outcome.

 

Report

Description of Item:

The draft revised Environmental Levy Policy was provided to Council where it was resolved to place the item on public exhibition for a period of 28 days.  The draft revised Policy was advertised for public exhibition from 14 August to 10 September.  During this time Council staff made efforts to communicate the public exhibition through general advertising.  An email was also sent to external providers of the Environmental Levy major strategic programs requesting comment on the draft Policy.

 

The Environmental Levy Policy (Attachment 1) provides a framework for the allocation of Environmental Levy funds to support the achievement of the MyCoffs Community Strategic Plan objective – “A natural environment sustained for the future”.  The Policy has been revised to expand the major Council environmental initiatives to include environmental health research initiatives and water quality testing and also to expand on the reporting provisions for the Environmental Levy Grants Program to include a half yearly progress report.

 

During the public exhibition period two submissions were received.  The submissions are attached (refer Confidential Attachment 2) and the matters raised are addressed in the Issues section of this report.

Issues:

The submissions received were supportive of the draft revised Environmental Levy Policy, some comments made in the submissions are summarised as follows for consideration:

 

-      A comment in support of the introduction of half yearly progress reports for projects under the Environmental Levy Grants Program, noting that this would not be too onerous for even small entities.

-      A suggestion for further clarification of the Coastal Initiatives theme, noting a concern that funding from the Environmental Levy may be allocated to works that have a focus of protecting infrastructure and business.

-      A recommendation for more compliance around funded projects to ensure project objectives are met and more compliance around unauthorised clearing with the suggestion of a dedicated environmental compliance officer.

 

Matters for Council to consider in relation to the issues raised in the submissions are:

 

-      To be considered for assessment for funding from the Environmental Levy, projects must address one of the key objectives of the MyCoffs Community Strategic Plan objective – “A natural environment sustained for the future”:

1.    We protect the diversity of our natural environment (C2.1)

2.    We use resources responsibly to support a safe and stable climate (C2.2)

 

Projects that are not closely aligned with the above objectives, such as projects with a focus on the protection of infrastructure and business, will not be considered.  The process for assessing the eligibility of projects seeking funding from the Environmental Levy is considered satisfactory and therefore no further change to the Policy is recommended.

 

-      Environmental Levy funded projects are currently subject to on-site monitoring and the annual submission of progress and acquittal reports. Further compliance will be provided on the adoption of the revised Policy with a requirement for the submission of half yearly reports by recipients of funding from the Environmental Levy Grants Program.  Compliance around funded projects to ensure project objectives are being met is considered satisfactory and therefore no further change to the Policy is recommended.

 

-      Council currently has compliance officers in place to investigate and enforce the relevant provisions under the Environmental Planning and Assessment Act.  The Office of Environment and Heritage (OEH) and Council have a shared responsibility for the regulation of unauthorised clearing with OEH responsible for overseeing the clearing of native vegetation in the rural RU2 zone and Council responsible for all other zones.  Current compliance is undertaken in accordance with Council’s Compliance and Enforcement Policy and therefore no further action is recommended.

Options:

In considering this report Council has the following options:

 

1.    Accept the recommendation in this report and adopt the revised Environmental Levy Policy.

2.    Amend the revised Environmental Levy Policy. Depending on the nature and extent of any proposed amendments further advice and/or public comment may be required.

3.    Reject the recommendation of this report and not proceed with revisions to this policy initiative.

 

Option 1 is recommended.

Sustainability Assessment:

•     Environment

The Environmental Levy funds a combination of major Council projects, initiatives, and community projects, which collectively deliver on the environmental objectives in the MyCoffs Community Strategic Plan.

•     Social

The EL Policy provides support for community organisations through a dedicated environmental grants pool as well as partnership opportunities in relation to Council supported initiatives.  This will assist in building community capacity, involvement and ownership of projects, and promote improved environmental outcomes.

•     Civic Leadership

Council’s Environmental Levy Program seeks to promote sound environmental practices and promotes leadership and involvement in key environmental issues, which aligns with MyCoffs Community Strategic Plan theme – a natural environment sustained for the future.

•     Economic – Broader Economic Implications

The Environmental Levy Program funds environmental projects that would not otherwise be undertaken within Council’s operational funding.

•     Economic - Delivery Program/Operational Plan Implications

Under the Environmental Levy Policy, the allocation of funds to the EL Major Strategic Projects and Programs and the Environmental Levy Grants Program has been calculated from an analysis of past allocations.  The analysis supports a 75% to 25% split between these funding pools.

Risk Analysis:

Strengthening the program’s links to Council’s Integrated Planning and Reporting Framework will ensure the EL Major Strategic Projects and Programs and the Environmental Levy Grants Program closely align to broader community expectations.  This approach also provides increased transparency to the programs.

Consultation:

Resolutions by Council as well as recommendations from the Environmental Levy Grants Program Panel have been considered in the preparation of the revised Policy.  The draft revised Environmental Levy Policy was placed on public exhibition for a period of 28 days and representatives of external providers of Environmental Levy major strategic projects were also provided an opportunity for comment on the revised Policy.  Two submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

This is detailed within the policy as required.

Implementation Date / Priority:

The revised Environmental Levy Policy will become available immediately upon adoption by Council.

Conclusion:

Public submissions were invited, including a request for comment from external providers of the Environmental Levy major strategic program, with Council receiving two submissions during the exhibition period.  The submissions were supportive of the policy and it is therefore recommended that Council adopt the revised Environmental Levy Policy.

 

 

 


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BS19/57       Coffs Harbour Airport Enterprise Park Update

Author:                        Director Business Services

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  BS19/57   CONFIDENTIAL Cost Breakdown and Funding

Confidential in accordance with Section 10A(2)(c),(d)(ii) of the Local Government Act as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, and information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

Executive Summary

In November 2017, Council resolved to advance the initial stages of the development and seek ministerial approval for internal loan funding from the Water and/or Sewer Funds of $10.5 million.  The funding has been subsequently approved by the minister from the Sewer Fund and included in Council’s current and forward budgets.  At that time the full 98-lot development was estimated to require a total investment of $24 million.

 

This report provides an update on preliminary works, cost breakdown and funding.

 

 

Recommendation:

That Council:

1.       Notes the report.

2.       Continues to seek grant funding for the Coffs Harbour Airport Enterprise Park Project from State and Federal Governments.

3.       Considers and adopts the recommendation as detailed in the confidential attachment to this report.

 

Report

Description of Item:

Council has for many years been working on progressing the development of the vacant land in the northern precinct.  Planning approval to redevelop the precinct as a 98-lot subdivision with one residual lot was determined by the Northern Joint Regional Planning Panel in July 2017.

 

The project will make a meaningful contribution to Coffs Harbour’s regional role as an economic and employment hub that leverages from the competitive advantages of the existing airport infrastructure and the inherent natural advantages of the site.  The development of this area is also contained in the current Airport Masterplan.

 

In November 2017, Council resolved to advance the initial stages of the development and seek ministerial approval for internal loan funding from the Water and/or Sewer Funds of $10.5 million.  The funding has been subsequently approved by the minister from the Sewer Fund and included in Council’s current and forward budgets.  At that time the full 98-lot development was estimated to require a total investment of $24 million.

Issues:

During 2018 and 2019, preliminary works have occurred including further studies, detailed design, relocation of some tenants, demolition and services relocation to prepare the area for construction works.

 

Also, the estimate for construction has recently been updated and is now likely to be $25 million.  This will be confirmed once the procurement of all construction occurs.  Details of the cost breakdown and funding are included in the confidential attachment.

Options:

In relation to this report Council has the following options.

 

1.    Adopt the recommendation provided to Council, which will enable the continued development of the CHA Enterprise Park and source required funding.

2.    Amend the recommendation provided to Council.  The nature and/or extent of any amendment will likely change Council’s current approach to the CHA Enterprise Park Development.

3.    Reject the recommendation provided to Council.  This may prevent Council from proceeding with the CHA Enterprise Park development process.

Sustainability Assessment:

•     Environment

The CHA Enterprise Park development is subject to extensive environmental conditions to ensure appropriate compliance with standards are met.  CHA wishes to establish a high quality sustainable development for the city.

•     Social

The CHA Enterprise Park development provides a catalyst for further growth of the city and provide additional employment opportunities through the enterprises establish at the airport.  The development also importantly assists with the sustainability of the airport itself and therefore contributes to ensuring the airport’s role in fostering tourism and jobs growth in the region generally.

•     Civic Leadership

The CHA Enterprise Park development demonstrates Council’s leadership by promoting the following objectives of the MyCoffs Community Strategic Plan:

 

-     A thriving and sustainable economy

-     We have effective use of public resources

•     Economic – Broader Economic Implications

Coffs Harbour is located in a prime location strategically positioned halfway between Sydney and Brisbane.  The development site is ideally situated in close proximity to the CBD, Jetty precinct, Coffs Harbour Education Campus and the Health Campus.  The Enterprise Park development is also in close proximity to road, rail and air connections.

 

It is anticipated that the site will attract a mixture of business enterprises as well as new aviation enterprises to the area.  This in itself will boost employment for the long term and provide great economic benefits to the Coffs Harbour region.

•     Economic - Delivery Program/Operational Plan Implications

The Operational Plan and budgets for 2019/20 through to 2020/22 will be updated to reflect the cost and funding changes in this report.

Risk Analysis:

Land development is subject in particular to financial risk.  As the CHA Enterprise Park development process continues, risk assessments will be undertaken.  A project risk register is in place.

 

A Probity Plan is also in place to guide the ongoing CHA Enterprise Park development will ensure proper decision making processes are followed, conflicts of interest are managed and Council’s reputational risk is minimised.

Consultation:

Council continue to work with consultants, The Airport Group and De Groot & Benson, and project managers Jed Civil, to advance the project.

Related Policy, Precedents and / or Statutory Requirements:

Nil.

Implementation Date / Priority:

The recommendation enables the CRA Enterprise Park development process to continue.

Conclusion:

This report provides an update for Council on the progress of the CHA Enterprise Park development, including an updated cost breakdown and funding.

 

 


BS19/58       Sale of Shares in Southern Phone Company Limited

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/58   Shareholder Powerpoint Presentation

ATT2  BS19/58   CONFIDENTIAL Shareholder Information Pack Parts A - G

Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

ATT3  BS19/58   CONFIDENTIAL Shareholder Information Pack Annexures A - C   

 

Executive Summary

In 2002, Southern Phone Company Limited (Southern Phone) was formed as part of the Federal Government’s Networking the Nation scheme. The company is currently owned by 35 local Councils with each Council holding the rights attached to one ordinary share and one preference share. Council’s initial investment in the Company in 2002 was a total of $2.

 

Southern Phone’s Board has received a proposal from AGL Energy Limited ABN 74 115 061 375 (AGL) to purchase all of the shares in Southern Phones. The offer from AGL is an all cash offer delivering $785,714 on the Council’s original investment of $2. The Council has the shares in Southern Phone currently valued at $544,163. Should the Council agree to sell the shares and the shares were sold it would result in a $241,551 profit on sale.

 

It is considered that the sale of the shares is in the financial interest of Council and it is therefore recommended that Council sell the shares.

 

 

Recommendation:

That Council:

1.       Vote in favour of a special resolution to update the Southern Phone Company Limited company constitution, which is required to facilitate the AGL Transaction including to permit non-council shareholders of the Company, at the Extraordinary General Meeting of the Company scheduled to be held 2 December 2019.

2.       Sell its Southern Phone Company Limited Shares to AGL by entering a Share Sale Agreement and delegating authority to the General Manager to execute the related transaction documents, being the Limited Power of Attorney and Share Transfer Form.

 

Report

Description of Item:

In 2002, Southern Phone Company Limited (Southern Phone) was formed as part of the Federal Government’s Networking the Nation scheme. The company is currently owned by 35 local Councils with each Council holding the rights attached to one ordinary share and one preference share. Council’s initial investment in the Company in 2002 was a total of $2.

 

Southern Phone commenced distributing dividends to the shareholders in 2007 and over the years since, the Council has received $512,371 in dividends with a peak dividend of $106,169 in 2014. In 2018 the dividend was $34,772 and in 2019 no dividend has been declared. The company has been facing increase competition and in 2018/19 made a loss of $5.76million. With the introduction of the NBN the Company has faced significant competitive pressure which has resulted in pricing and margins coming under pressure.

 

Southern Phone’s Board has received a proposal from AGL Energy Limited ABN 74 115 061 375 (AGL) to purchase all of the shares in Southern Phones. The offer from AGL is an all cash offer delivering $785,714 on the Council’s original investment of $2. The Council has the shares in Southern Phone currently valued at $544,163. Should the Council agree to sell the shares and the shares were sold it would result in a $241,551 profit on sale.

 

It is unlikely given the current telecommunications industry that the returns to Council from continuing to hold shares in Southern Phone in the short, medium or long term, will justify not accepting the offer to purchase by AGL.

 

The Board of Southern Phone has unanimously recommended that shareholders approve the proposed transaction with AGL, including by:

 

1.   voting in favour of the constitution amendment; and

2.   executing the share sale agreement.

 

Southern Phone is also expected to declare and pay a special dividend to shareholders from Southern Phone’s excess cash reserves before completion of the AGL transaction. It is estimated the value of the special dividend pool to be approximately $1million to be distributed amongst all shareholders.

 

Ernst and Young has provided an independent opinion on the proposed transaction stating that this offer represents fair value and is in excess of most recent valuations of the shares.

Issues:

The current constitution of Southern Phone prohibits any entity other than a Local Government Authority from owning shares in the Company. Therefore, to proceed with the sale of the company, the constitution needs to be amended to allow entities other than Local Government Authorities to own shares in the Company.

 

Council is required to provided limited warranties as outlined in the confidential attachments to this report.

 

If all shareholders do not accept the offer, AGL may elect not to proceed with the transaction.

 

Council is required to resolve to sell the Southern Phone shares to AGL by signing the limited power of attorney and ensure that this is received by Southern Phone no later than 5 pm on 29 November 2019.

Options:

The Council may either resolve to sell the shares or do nothing.

 

If the option to sell the shares is resolved, then Council will receive $785,714 in consideration for the shares.

 

If the option to do nothing is undertaken and the shares are not sold, Council will retain its shares in Southern Phone and it is likely that Southern Phone will need to forgo future dividends and raise additional capital from its shareholders in order to remain competitive.

Sustainability Assessment:

•     Environment

It is not expected that the sale of the shares will have any environmental impact.

•     Social

It is not expected that the sale of the shares will have any social impact on the Coffs Harbour community.  AGL has also contractually committed to retain employees and ongoing operations in Moruya for at least three years.

•     Civic Leadership

The decision to enter into the formation of Southern Phone in 2002 showed the Council provided Civic Leadership and the returns to Council over this time have been fruitful.  The decision recommended to Council to sell the shares is opportune given the declining returns of the company.  This is consistent with the MyCoffs Community Strategic Plan Strategy D.2 We have effective use of public resources.

•     Economic – Broader Economic Implications

It is not expected that the sale of the shares will have any broader economic consequences for the community.

•     Economic - Delivery Program/Operational Plan Implications

The offer from AGL is an all cash offer delivering $785,714 on the Council’s original investment of $2.  The Council currently has the shares in Southern Phone valued at $544,163.  Should the Council agree to sell the shares and the shares were sold it would result in a $241,551 profit on sale.  This would result in a decrease in the current operating deficit by $241,551.

Risk Analysis

There is a risk that if the Council was not to accept the offer, then the short term return to the Council would be very small and in the longer term the organisation may see its investment deteriorate significantly.  Also, Council may at some be required to contribute capital into the company.

Consultation:

Nil.

Related Policy, Precedents and / or Statutory Requirements:

-      Investment Policy

Implementation Date / Priority:

If the recommendation is adopted, Council will action the documentation required during November 2019 in accordance with the deadlines provided.  The proceeds from the sale of shares are expected to be received by Council in December 2019.

Conclusion:

The offer by AGL to purchase Council Shares in Southern Phone is over the current valuation of the shares as recorded in Council’s Statement of Financial Position as at 30 June 2019. Should the Council sell the shares it would realise a gain of $241,551 on the sale. It is considered that the sale of the shares is in the financial interest of Council and it is therefore recommended that Council sell the shares.

 

 


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NOM19/15   Christmas Carols Budget

Attachments:          Nil

 

Motion:

Councillor Swan has given notice of her intention to move the following:

"That Council allocate $2500 of the budget available for Christmas Carols on the Coffs Coast to Woolgoolga Carols by the Sea with a further $1000 available for the Sawtell/Toormina Carols by Candlelight."

 

Rationale:

“While the majority of people attend the main carols at Brelsford Park, the Northern Beaches attract a significant number of attendees at the event held in Woolgoolga. The Woolgoolga Carols are the second largest in the LGA and also furthest from the main event. The Sawtell/Toormina event is third largest.

By allocating the budget this way the funds are spread across the LGA more proportionally whilst still significantly supporting the CBD event. ”

Staff Comment:

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

The Donations Program for 2019/2020 was approved at the meeting of 8 August 2019, with a provision of $10,000 for the Carols in Coffs Harbour and $1,000 each to both Woolgoolga and Sawtell Chamber of Commerce for a Christmas Event or Carols. Additionally, Council supports these events with the free additional event waste services.

Further requests have been received by both the Woolgoolga Chamber of Commerce ($1,000) and the Sawtell Chamber of Commerce ($1,000) for a donation towards the purchase of Christmas Decorations.

Due to the limited budget available to the Coffs Harbour Carols Event, of which delivery by Council is reliant on sponsorship to support this event, the funds are already committed and cannot be reallocated from this event budget.

 


NOM19/16   Development Applications - Two Tails Winery

Attachments:          Nil

 

Motion:

Councillor Swan has given notice of her intention to move the following:

"That Council bring all current Development Applications relating to Two Tails Winery at Nana Glen to full council for determination."

 

Rationale:

“There has been significant community interest regarding this development. The process has been ongoing for an extended period of time. Due to these factors, rather than this development application being determined under delegated authority it is more appropriate and transparent for it to be determined via council meeting.”

Staff Comment:

The development application for a ‘Restaurant (expansion of dining areas)’ was lodged with Council on 28 August 2018. Since this time Council has worked through a number of assessment matters with the applicant primarily relating to noise, car parking and traffic.

The unresolved assessment matters relate to potential noise impacts in the locality. At present, the applicant is reviewing the submitted acoustic assessment, with the view of addressing the outstanding matters raised by Council.

Once this information has been received by Council, the development assessment can be finalised and reported to Council for determination.

  


SC19/53       Update to Flood Mapping Data Sets

Author:                        Senior Waterway Engineer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.2 A natural environment sustained for the future

Attachments:              Nil

 

Executive Summary

The Coffs Local Government Area (LGA) has over 13 coastal catchments with significant residential development, plus rural catchments such as the Orara River and Bucca Bucca Creek.  Council has collated flood information over the years from a variety of sources and of various quality.  Sources include flood studies undertaken by Council following the NSW Governments ‘Floodplain Development Manual’, Development Applications, Planning Proposals to amend the Local Environment Plan, or from work done by other agencies such as the Roads and Maritime Services (RMS).

Council’s online mapping tool available to the public hosts a range of mapping information, including the 100 year Average Recurrence Interval (ARI) flood extent, the flood planning level area, indicative flood areas, and 100 year ARI flood depths from Council’s flood studies.  The flood mapping layers are an ever evolving data set as new models are developed, existing models are revised and improved, and catchments change with new development and flood mitigation work.  As Council receives more up to date, accurate information from new flood studies and various other sources, it is imperative that this information is reflected on Council’s online mapping tool.

The report recommends Council endorse the draft updated flood mapping datasets and place them on public exhibition. It also recommends that the outcome of the exhibition is reported to Council at a future meeting.

 

Recommendation:

That Council:

1.       Endorse the draft updated Flood Mapping Datasets and place them on public exhibition for a minimum period of 28 days.

2.       Note that a further report will be brought back to Council for consideration following the public exhibition.

 

Report

Description of Item:

The Coffs Local Government Area (LGA) has over 13 coastal catchments with significant residential development, plus rural catchments such as the Orara River and Bucca Bucca Creek.  Council has collated flood information over the years from a variety of sources and of various quality.  Sources include flood studies undertaken by Council following the NSW Governments ‘Floodplain Development Manual’, Development Applications, Planning Proposals to amend the Local Environment Plan, or from work done by other agencies such as the Roads and Maritime Services (RMS). There are also large areas of the LGA that do not have flood studies, with the majority of these rural.

Council’s online mapping system (Geocortex) available to the public hosts a range of mapping information, including the 100 year ARI flood extent, the flood planning level area, indicative flood areas, and 100 year ARI flood depths from council’s flood studies. The information previously existed and was available in a variety of forms, and from various sources. To be made available online, the data was’ cleansed’ to make it more readily available to the public, and to ensure that accurate information can be provided to people using the online service at a land parcel level.

At its meeting of 12 December 2013, Council considered a report which detailed the revised processes involved in flood data management and online mapping. An initial version of Councils Flood Mapping Dataset (Version 1.0) was put up for adoption by Council.

During this meeting, Council resolved the following:

1.   That the Flood Mapping GIS dataset be made available to the public.

2.   That Section 149(2) hazard notations for flooding risk include both the Flood Planning Area and Indicative Flood Areas as detailed in the Flood Mapping GIS dataset.

3.   That Council adopt the following amendment to Development Control Plan (DCP) 2013 – Component D3 – Flooding and Coastal Hazards.

D3.1.2 Controls

Development of flood prone lands (as identified as the Flood Planning Area and Indicative Flood Areas in Council’s Flood Mapping GIS dataset) is to be undertaken in accordance with Coffs Harbour City Council’s Floodplain Development and Management Policy, as well as flood controls in Floodplain Risk Management Studies and Plans developed for individual catchments such as the Coffs Creek Floodplain Risk Management Study (where appropriate).

4.   That, in accordance with the provision of the Environmental Planning and Assessment, Council place on public exhibition the amended DCP together with the maps.

5.   In recognising the evolving nature of the Flood Mapping GIS dataset, that further reports will be referred to Council when there is updated flood information affecting individual lots within the local government area.

6.   Exhibition period be 40 days.

The flood mapping layers are an ever evolving data set as new models are developed, existing models are revised and improved, and catchments change with new development and flood mitigation work.  Subsequent updates have been made over the years to the initial dataset. Updates generally have coincided with newly adopted flood studies, and flood study reviews, with mapping exhibited to the public as part of the flood studies public exhibition.

As Council receives more up to date, accurate information from new flood studies, and various other sources, it is imperative that this information is reflected on Council’s online mapping system. The updated flood mapping dataset includes model information with more accurate terrain data, rainfall data and computer modelling techniques, hence increasing the accuracy in the dataset. This will improve the flood information accuracy around Woolgoolga, the Boambee-Newport’s catchment, Bonville, and various other minor creeks (see figure 1). The update also looks to improve the metadata captured with the data sets to provide efficiencies in the maintenance of the data.

Council does not have a detailed flood assessment of every part of every catchment.  The data set is a compilation of the best available flood information that Council has at present, and will be amended and improved over time.

Figure 1. Location of updates to flood mapping dataset

Issues:

Essentially the Flood Mapping Datasets are evolving as new and more accurate data becomes available. Council needs to manage and regulate development on flood prone land in a structured, consistent and transparent manner, in accordance with best practice and State provisions. The updated dataset is required to ensure the public is able to access best available flood information, so that the community is informed of possible flood risk, and that appropriate controls are placed on development in these areas.

Council staff need to be able to maintain flood information and a process been designed to do so.  The data cleansing process as part of the update will also look to improve the metadata captured with the data sets, which will provide efficiencies in the maintenance of the data in the future. Any future changes to the dataset will be reported to Council.

It will be necessary to amend the 100 year ARI flood extent, the flood planning level area, indicative flood areas, and 100 year ARI flood depths maps. Draft maps will be exhibited on Council’s Online Mapping System (Geocortex).

Options:

1.   Accept the recommendations of this report to endorse the draft updates to the Flood Mapping Datasets and place them on public exhibition for a period of 28 days.

2.   Reject the recommendations provided in this report. This would mean that outdated flood information will be available to the public via council’s online mapping system.

This report recommends that Council undertake Option 1 as outlined.

Sustainability Assessment:

•     Environment

Flood events, large and small, are natural occurrences.  Development of the floodplain can alter flooding behaviour, as can flood mitigation measures. As this occurs over time, mapping needs to be updated to incorporate the latest information.

•     Social

Large flood events can have a huge impact on the local community and on individuals affected by flooding.  The 1996 event in Coffs Harbour was declared a natural disaster, with approximately 260 residential homes and 200 commercial buildings flooded. Events this large and destructive are very disruptive, with people’s dwellings and personal belongings destroyed or damaged. Local businesses also suffer direct losses from the destruction or damage to work places and stock, plus a loss of trade. Up to date and accurate flood information is very important so that the community is informed of possible flood risk, and that appropriate controls are placed on development in flood prone areas.

•     Civic Leadership

Under the NSW Flood Prone Land Policy, the management of flood prone land is primarily the responsibility of Councils.  Having up to date flood data and information integrated into the planning processes and available to the public helps to deliver on this responsibility.

•     Place Score

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool. This ‘place experience’ measurement tool enabled residents and visitors within the Coffs Harbour Local Government Area to share what they most value in their neighbourhood and then to rate how their neighbourhood is performing against such values. The 2019 Place Score report was presented to Council on 11 April 2019.

Updating the Flood Mapping Datasets assists in facilitating measures for quality built form and public realm outcomes in accordance with the community aspirations.

•     Economic – Broader Economic Implications

Flooding can have a very large impact on the local economy with many varied economic implications. The 1996 flood event in Coffs Harbour had an estimated damages bill of over $30 million. State wide, flooding causes the most damage annually of all the natural disasters.  Having up to date and accurate flood information available for flood planning processes is part of the frame work for controlling flood impacts on the community.

•     Economic - Delivery Program/Operational Plan Implications

On-going maintenance of the flood data and mapping is absorbed in Council’s operational budget.

Risk Analysis:

Council receives indemnity, in relation to flood advice given and actions done, under the provisions of Section 733 of the Local Government Act 1993. This is provided it has followed the guidelines of the State Government's Manual in developing, adopting and implementing the Floodplain Risk Management Plans, and has acted in good faith. Council’s Floodplain Risk Management Plans and studies have been prepared following the guidelines. The updated flood mapping dataset includes model information with more accurate terrain data, rainfall data and computer modelling techniques, hence increasing the accuracy in the dataset.

Consultation:

Planning staff worked closely with corporate GIS staff to facilitate the update to the flood information to make it suitable for use in the online mapping system. The public exhibition process will extend over 28 days.

Related Policy, Precedents and / or Statutory Requirements:

A previous resolution by council (No. 327) from the 12 December 2013 resolved that “In recognising the evolving nature of the Flood Mapping GIS dataset, that further reports will be referred to Council when there is updated flood information affecting individual lots within the local government area.”

Component E4 of the Coffs Harbour Development Controls Plan 2015 addresses Flooding and Coastal Hazards.  It applies to proposed development on any land that is potentially flood prone.  Development of flood prone lands is to be undertaken in accordance with Council’s Floodplain Development and Management Policy.

Implementation Date / Priority:

In the event that Council endorses the flood mapping update for exhibition, the draft mapping will be exhibited for 28 days.

Conclusion:

Council’s online mapping system (Geocortex) available to the public hosts a range of mapping information, including the 100 year ARI flood extent, the flood planning level area, indicative flood areas, and 100 year ARI flood depths from council’s flood studies.  The flood mapping layers are an ever evolving data set as new models are developed, existing models are revised and improved, and catchments change with new development and flood mitigation work.  As Council receives more up to date, accurate information from new flood studies, and various other sources, it is imperative that this information is reflected on Council’s online mapping system.

The report recommends Council endorse the draft updated flood mapping datasets and place them on public exhibition. It also recommends that the outcome of the exhibition is reported to Council at a future meeting.

 


SC19/54       Northern Regional Planning Panel - Development Application No. 0742/19 - Educational Establishment (demolition, alterations and additions to an existing school) - Lot 12, DP 709701, St John Paul College, 421 Hogbin Drive, Coffs Harbour

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/54   Northern Regional Planning Panel Assessment Report      

 

 

Executive Summary

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application No. 0742/19, has been lodged with the Northern Regional Planning Panel (NRPP).

The proposal provides for alterations and additions to an educational establishment (Saint John Paul College) including demolition (agricultural block and gymnasium), tree removal, earthworks and construction of a two storey library with a roof top terrace and two new school buildings and associated infrastructure works and upgrades (Blocks A to O).

The application is required to be determined by the NRPP pursuant to Clause 4 of Schedule 7 of the State Environmental Planning Policy (State and Regional Development) 2011.

A copy of the development assessment report that has been provided to the Panel is provided in the NRPP Assessment Report appended to this report as Attachment 1.  It is recommended that the content of this report be noted.

 

Recommendation:

That Council note the report.

 

REPORT:

Applicant:

GeoLink / The Trustees of the Roman Catholic Church for the Diocese of Lismore

Land:

Lot 12 DP 709701, St John Paul College, 421 Hogbin Drive Coffs Harbour

Zone:

R2 Low Density Residential

Description:

Educational Establishment (demolition, alterations and additions to an existing school).

Description of Item:

•     The Site

The site is 421 Hogbin Drive, Coffs Harbour (legally known as Lot 12 in DP 709701). The site sits north of the banks of Boambee Creek and is south of Stadium Drive. Further detail of the site is provided in the NRPP Assessment Report appended to this report as Attachment 1.

•     The Proposal

The proposal provides for alterations and additions to an educational establishment (Saint John Paul College) including demolition (agricultural block and gymnasium), tree removal, earthworks and construction of a two storey library with a roof top terrace and two new school buildings and associated infrastructure works and upgrades to Blocks A to O.

Further detail of the proposed development is provided in the NRPP Assessment Report appended to this report as Attachment 1.

Issues:

The governance issues associated with the proposed development are:

·     Northern Regional Planning Panel Determination:

Clauses 20 and 21 of State Environmental Planning Policy (State and Regional Development) 2011 specifies that Council consent functions are to be exercised by regional panels for developments of a class or description included in Schedule 7, Clause 5 of the Policy. 

Further detail of this issue is provided in the NRPP Assessment Report appended to this report as Attachment 1.

·     Process for Development Applications Determined by the Northern Regional Planning Panel:

Development applications which are determined by the NRPP are lodged with Council in the normal manner.  Staff assess these applications following the normal processes, as required by the Environmental Planning and Assessment Act 1979 and Regulations.

Staff then provide a development assessment report, with recommendations, to the Panel for determination.

·     Assessment Report:

The Assessment Report is provided to the Panel Secretariat.  The report is placed on Council's website (via a link) and the Regional Panel website prior to the Regional Panel determining the application.  A copy of the assessment report is provided in the NRPP Assessment Report appended to this report as Attachment 1.

Options:

·     The Role of Councillors:

A number of operational procedures and fact sheets have been developed by the NRPP.  The following information is relevant to Councillors role in applications determined by the Panel.

"An elected council may make a submission on a DA within their LGA that is to be determined by a planning panel up to seven days before the planning panel meeting.

After the assessment report has been forwarded to the secretariat, it may be provided to the elected council to assist in its decision as to whether it will be making a submission to the planning panel.

Councillors who are also panel members have an independent role because they have been nominated by their council as its nominee to the planning panel."

Sustainability Assessment:

•     Environment

The purpose of this report is to advise that Development Application No. 0742/19 is scheduled for consideration by the NRPP.  Matters relating to the potential environmental impacts associated with the proposed development are provided in the NRPP Assessment Report appended to this report as Attachment 1.

•     Social

The purpose of this report is to advise that Development Application No. 0742/19 is scheduled for consideration by the NRPP.  Matters relating to the potential social impacts associated with the proposed development are provided in the NRPP Assessment Report appended to this report as Attachment 1.

•     Civic Leadership

The proposed development is considered to be consistent with the ‘MyCoffs Community Strategic Plan’ particularly the ‘A Place for Community’ theme, which requires amongst other things that development occur in a way that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

The proposed development is not expected to result in any significant broader economic implications.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications for Council’s Delivery Program/adopted Operational Plan.

Risk Analysis:

Risk analysis has been undertaken and it is considered that approval of the development application as recommended, does not pose a significant risk to Council.

Consultation:

The development was advertised and notified in accordance with the requirements of the Coffs Harbour Development Control Plan 2015 for a period of fourteen (14) days between 15 May 2019 and 29 May 2019. No submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

The process for assessment of development applications is a statutory process defined by the Environmental Planning and Assessment Act 1979.  This includes the statutory provisions which determine that the application will be determined by the NRPP.  A number of operational procedures, which have been developed by the NRPP, specify procedural matters for the Panel and its decisions.

The statutory considerations with respect to assessment of the development application are provided in the NRPP Assessment Report appended to this report as Attachment 1.

Implementation Date / Priority:

The NRPP has advised that this application will be considered on a date to be determined.

Conclusion:

This report provides some detail of Development Application No. 0742/19 and the process of consideration of the application by the NRPP.

 


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SI19/13         Review of Alcohol Restricted Zones

Author:                        Works Program Co-ordinator

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      A.2 An active, safe and healthy community

Attachments:              Nil

 

Executive Summary

Council is required to review and approve the re-establishment of Alcohol Free Zones and Special Event Alcohol Free Zones after a maximum of four years, pursuant to section 644B (4) of the Local Government Act.

This report also addresses a proposal for the establishment of new Alcohol Free Zones in Sawtell CBD and the modification of existing Alcohol Free Zones and Alcohol Prohibited Areas in the Jetty Foreshores to align with the upgrade completed in 2018.

Following consultation with the Coffs/Clarence Command, the Coffs Harbour Land Council and The Coffs Coast Liquor Accord, Council is advised that the listed alcohol free zones would serve as a control measure to mitigate alcohol related anti-social behaviour on roads, footpaths and public carparks and alcohol prohibited areas on Council reserves and parks.

 

 

Recommendation:

That Council:

1.   Re-establish all existing Alcohol Free Zones (excluding any areas operating under a Council Outdoor Dining Licence) for a further maximum period of four years to 16 November 2023

2.   Re-establish the 24-hour Special Event Alcohol Free Zones for the Coffs Harbour Gold Cup Race Day for a further maximum period of four years to 16 November 2023 as indicated on Map

3.   Modify the existing Alcohol Prohibited Areas and Alcohol Free Zones in the Jetty Foreshores to align with the upgrade of the reserve and carparks in 2018. The Alcohol Free Zones will be established for a maximum of four years to 16 November 2023.

4.   Re-establish the 24-hour Special Event Alcohol Free Zones in various locations as listed for a further maximum period of four years to 16 November 2023 as follows:

4.1   24 hours from 6am New Year’s Eve and from 6am on Australia Day in the following locations:

·    The Jetty Area

·    City Square

·    Coff Street

·    Park Beach

4.2   24 hours from 6am on the first Thursday in August for the Coffs Gold Cup event in Howard Street, Coffs Harbour.

5.   Reject the application to establish additional Alcohol Free Zones in Sawtell CBD

All recommendations for alcohol restrictions are pursuant to the provisions of Section 644B(4) and Section 632A of the Local Government Act, 1993.

 

Report

Description of Item:

The establishment and continued operation of the alcohol restricted areas is one of the principal harm minimisation strategies employed by local Councils and Police to reduce the effect on the community of alcohol related issues. There are three types of alcohol restricted areas to be considered in this report: Alcohol Free Zones (AFZ), Special Event Alcohol Free Zones (SEAFZ) and modified Alcohol Prohibited Areas (APA).

 

Alcohol Free Zones are established under s644 of the Local Government Act (LGA) 1993 to prohibit the consumption of alcohol on public roads, footpaths and car parks. Alcohol Free Zones operate 24 hours a day for periods not exceeding four years or for a lesser period in the case of a zone established for a special event.

 

Alcohol Prohibited Areas are established under section 632A of the LGA to prohibit consumption of alcohol in public places such as parks, reserves and beaches.

 

The NSW Police support all the proposed alcohol restrictions listed in the report as they are assist in managing alcohol related anti-social behaviour and are an effective tool in reducing the extent and severity of incidences.

 

The recommendation is to:

 

Re-establish existing AFZs for another four (4) years, commencing 30 November 2019 in the following locations:

 

Coffs Harbour - Railway Station Area

Camperdown Street (part), Angus McLeod Place, Possums Lane

Sawtell

Parts of 1st, 2nd, 4th & 22nd Avenue, & 3rd Avenue

Woolgoolga - CBD

Multiple streets, carparks

Sapphire Beach

Parts of North Sapphire Road, Beach Way & carpark

Coffs Harbour - CBD

Multiple streets, lanes, carparks

Coffs Harbour - Jetty

Jordan Esplanade, Marina Drive (part), multiple carparks

Coffs Harbour - West

Murray Drive car park and internal road

Coffs Harbour - Park Beach

Ocean Parade (part), carparks-Macauleys

 

Special Event Alcohol Free Zones

Council may also install SEAFZs with a maximum duration of four years.

The recommendation proposes to re-establish two existing types of SEAFZs for four (4) years from 30 November 2019:

24 hours from 6am New Year’s Eve and from 6am on Australia Day in the following locations:

·   The Jetty Area

·   City Square

·   Coff Street

·   Park Beach

 

24 hours from 6am on the first Thursday in August for the Coffs Gold Cup event in Howard Street, Coffs Harbour.

 

Jetty Foreshores Changes

The recommendation proposes to modify existing APAs and AFZs following the substantial upgrade of the Jetty Foreshores in 2018, which created new car parks and changed the reserve areas. The APAs are permanent from 9pm to 9am, and the car park AFZs will be included in the list of approvals for four (4) years from November 30 2019.

New AFZs

Pursuant to the Local Government Act, new zones may be requested by members of the public and the Police. A licensed venue in Sawtell submitted a proposal in 2015, as part of the last review, requesting the installation of new AFZs in the following streets in Sawtell for a maximum of four (4) years, commencing 30 November 2019.

 

·   Lyons Road from 70 Lyons Road to First Avenue

·   First Avenue - Middle Arm Creek to 2nd Avenue

·   Boronia Street - Elizabeth to 4th Avenue

·   4th Avenue - Boronia Street to 2nd Avenue

·   Johnston Lane

·   Elizabeth Street

·   2nd Avenue - 1st Avenue to Elizabeth Street

·   Kidd Lane

·   11th Avenue - Elizabeth to 1st Avenue

·   Hillery Lane

 

For more details about all existing and proposed alcohol restricted zones, please see the online mapping tool.

Issues:

The Act requires Council to consult with the community when establishing and re-establishing AFZs and SEAFZs (Sec. 644A) and establishing new APAs (s632A)

 

Alcohol restrictions can be enforced by Police Officers and Council Enforcement Officers. They have the authority to seize and tip out or otherwise dispose of alcohol. In a case where a person does not co-operate with the Police or Ranger, they can be charged with obstruction which carries a maximum penalty of $2200.

 

Alcohol Free Zones do not affect outdoor dining operations provided that restaurants or cafes have an Outdoor Dining License approved by Council under the Roads Act 1993.

Council received 2 objections by email to the proposal:

 

The first objection stated that the restrictions were a threat to civil liberties and that there is existing legislation to deal with serious crime. The submission objected to the restrictions banning alcohol on occasions when it is most desired such as a New Year’s party.

 

The second objection suggested that four years is too long a period for the proposed new alcohol free zones (in Sawtell – see above), and it should be reviewed after two years. They believe the request from a commercial venue is an attempt to gain an advantage and that Council should conduct further community consultation, particularly with affected residents. They also raise the point that the Police will always favour more regulation.

 

The Ministerial Guidelines state that “Alcohol-free zones are most effective if they are part of a larger program directed at irresponsible alcohol consumption in which the local community is actively involved. Used in isolation they may only move the problem from one place to another.”

 

The Coffs Clarence Command Licensing Sergeant and the Crime Prevention Officer cited the Coffs Harbour CBD and the roads around Brelsford Park in particular where alcohol free zones are considered to be essential. They agreed with the proposal to extend the operation of AFZs in the Sawtell retail centre, but did not present any evidence to support this assertion (see item 4 above). Council should also note that, once designated an AFZ, community members wishing to organise an event in that street are required to apply to the Elected Council for a suspension. In Sawtell this would possibly include the annual street parties and Sawtell Chilli Fest for example.

 

The Police Crime Prevention Officer also supported the 9pm-9am ban on alcohol in beach reserves: “This allows for Police to proactively disperse gatherings where alcohol is a factor. It has worked for many years at the Woolgoolga Beach Reserve where locals and tourists alike would congregate in large numbers on a Friday and Saturday night. A simple drive through with the Police vehicle around 9pm notifying people of the signs allows for immediate dispersal and/or the seizure of the said alcohol.”

 

This report recommends a re-establishment of the existing alcohol restrictions, but does not recommend the installation of the new zones in Sawtell for the following reasons:

·     The proposal was made by one business owner of a licensed venue. There were no submissions in support of this proposal and one against.

·     The proposal claims that other licensed premises on either side of First Avenue encourage drinking outside their venues. This is permissible if they hold an outdoor dining licence (see above).

·     The submission sought to ban alcohol in the Memorial Park and adjacent to Sawtell Surf Club. There is an existing Special Event Alcohol Prohibited Area for Memorial Park.

·     There is no evidence from the Police or other agencies that there is a problem with anti-social behaviour associated with irresponsible alcohol consumption.

·     The Ministerial Guidelines advise against installing whole or retail centre or whole suburb alcohol bans.

·     There are regular community events in Sawtell First Avenue. Event organisers would require suspension of the AFZ for each event which would be subject to the Elected Council’s approval.

Options:

1.    Approve the recommendations as presented to maintain the existing alcohol restrictions. This would assist the Police to contain anti-social behaviour in existing zones, giving them the power to confiscate or tip out alcohol. New AFZs in Sawtell would not be approved in the absence of any evidence to support their installation. Council may recommend further investigation and monitoring of the effectiveness of the alcohol restrictions.

2.    Approve the recommendations as written to maintain the existing alcohol restrictions and approve the additional AFZs in Sawtell as listed. This would assist the Police to contain anti-social behaviour giving them the additional power to confiscate or tip out alcohol. Council may recommend further investigation and monitoring of the effectiveness of the alcohol restrictions.

3.    Amend some or all of the zones or reduce the time before the next review (i.e. for a period of less than four (4) years. This has implications for resourcing as all signs need to be modified to reflect the Council resolution. Reducing the tenure of the signs gives Council and the Police an opportunity to review the effectiveness of the zones and would be more in keeping with the intention of the Ministerial Guidelines

4.    Reject the recommendations. The AFZs and SEAFZs would then lapse and the zones would be self-regulating. Police would not be able to confiscate alcohol or tip it out and there would be a risk of escalating crime and anti-social behaviour in these zones.

5.    Defer the approval of the recommendation pending further community consultation for some or all of the proposed zones. The consultation could specifically target other people in the proposed streets such as residents. Council should note that the existing zones have expired so would not be enforceable until such time as the revised restrictions are approved by Council and advertised.

Sustainability Assessment:

•     Environment

Problems associated with alcohol consumption on public roads and car parks include underage drinking, assault, malicious damage, excessive noise, unsafe driving, litter, vandalism, break and enters which convert to a significant cost to the whole community.

•     Social

Alcohol consumption on public roads, reserves and car parks has, on occasion, resulted in the congregation of intoxicated persons including underage drinkers.  Drinkers’ anti-social behaviour has reportedly impinged on nearby local residents and retail businesses.  Alcohol restrictions have a positive impact by maintaining local amenities for all residents and safeguarding patrons’ unimpeded access to businesses and other services or facilities.

•     Civic Leadership

This proposal works towards achieving the outcomes identified within the Coffs Harbour 2030 Strategic Plan and addresses the following objectives:

-    A thriving and sustainable local economy

-    A community achieving its potential

-    A vibrant and inclusive place.

•     Economic – Broader Economic Implications

Residents and visitors need to feel safe on the streets and in the reserves. This security attracts community interaction, which in turn, attracts and supports local businesses, encouraging economic development and growth.

•     Economic - Delivery Program/Operational Plan Implications

The cost of modifying signs, installing new signs and newspaper adverts will be absorbed by the Operational budget. Under current resourcing priorities, Council does not have the capacity to thoroughly investigate and monitor the effectiveness of the alcohol restricted zones.

Risk Analysis:

Council risks implementing whole of suburb or retail centre alcohol restrictions for ease of enforcement, in contradiction to the Ministerial Guidelines which advocate restrictions as one of many strategies to deal with alcohol and anti-social behaviour.

1.    It would take some time to evaluate the effectiveness of current programs and strategies, and to work with Police to develop an evidence based plan for the future. If existing zones are not re-instated, or the decision to reinstate is deferred, there is a risk that consumption of alcohol will escalate in areas where the restrictions have expired and Police will not have any powers to remove the alcohol. To mitigate the risk, it would be prudent to extend the existing zones even for less than four years, to enable the development of a plan.

2.    It is not clear that additional AFZs are required in the Sawtell streets listed above, and, once installed, event organisers would need to apply for a suspension in order to sell / drink alcohol in places such as First Avenue. There is no evidence of risk in declining this proposal so to extend the restrictions is contrary to the Ministerial Guidelines

Consultation:

Council is required to consult the community and approve the establishment and re-establishment of AFZs (Sec 644B(4)). The information was displayed on Council’s Have Your Say page from 18 September until 18 October 2019 with a direct link to the online mapping tool. Council also notified the Coffs Harbour & District Local Aboriginal Lands Council, Coffs Coast Liquor Accord, Sawtell Hotel and Sawtell RSL. The letter was tabled at the Coffs Coast Liquor Accord meeting held on 9 October 2019. No objections were raised at this meeting.

Related Policy, Precedents and / or Statutory Requirements:

Local Government Act 1993 Section 644B and Section 632A

The Act requires Council approval for the establishment and re-establishment of AFZs and SEAFZs. The restrictions must be advertised in the local paper seven days before they are signposted.

Implementation Date / Priority:

30 November 2019.

Conclusion:

Alcohol restricted zones are one of the principal harm minimisation strategies employed by Council and the Police to reduce the effect on the community of alcohol related issues. They are not intended to be used in isolation from a larger program directed at irresponsible alcohol consumption, and ‘blanket bans’ or permanent bans are not recommended.

 

The small number of submissions in response to the community consultation seems to imply that in general the community are accepting of the current restrictions.

 

The current restrictions will mitigate alcohol related anti-social behaviour on roads, footpaths and public car parks. The changes on the Jetty Foreshores will realign the AFZ and the APA with the modified layout of the Foreshores.

 

 

 


SI19/14         Memorandum of Understanding between National Parks and Wildlife Services and Coffs Harbour City Council for the Joint Management of Coffs Coast Regional Park

Author:                        Works Program Co-ordinator

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      C.2 A natural environment sustained for the future

Attachments:              ATT1  SI19/14    Memorandum of Understanding between Coffs Harbour City Council and the National Parks & Wildlife Service for the Joint Management of the Coffs Coast Regional Park  

 

Executive Summary

The Coffs Coast Regional Park (CCRP) was gazetted in October 2003. It is jointly managed by National Parks and Wildlife Services (NPWS) and Coffs Harbour City Council (CHCC) The Regional Park Board Trust was formed pursuant to the National Parks and Wildlife Act 1974 (NPW Act) and has responsibility for the care, control and management of the Regional Park, answerable to the Minister for National Parks and Wildlife.

 

A Memorandum of Understanding (MoU) between NPWS and CHCC was developed at the commencement of the agreement to establish a framework for cooperation and shared responsibility between each agency in jointly managing the area of the CCRP. It was agreed to review the Memorandum annually or as both parties agree, with a major review after five (5) years from the date of gazettal.

 

The updated MoU has not altered the original intended responsibilities of each agency, but rather:

 

·     Has improved the detail in relation to matters such as law enforcement and public relations.

·     That provision and maintenance of facilities, infrastructure and areas of open space must be in accordance with the Plan of Management.

·     That provision and maintenance of facilities, infrastructure, and areas of open space may be subject to environmental assessment by NPWS.

·     That master plans or precinct plans will be developed following community consultation and approved by the Trust Board.

 

 

Recommendation:

That Council Approve the revised Memorandum of Understanding between National Parks and Wildlife Services and Coffs Harbour City Council for the Joint Management of Coffs Coast Regional Park.

 

Report

Description of Item:

The creation and management of Regional Parks is set out in Division 5 of the National Parks and Wildlife Act 1974 (NPW Act). It incorporated coastal Crown Land owned by CHCC and previously transferred to NPWS, gazetted in October 2003. A Trust Board comprising representatives of CHCC, NPWS, the Aboriginal community and the broader community was established in 2010. The Trust Board has the care, control and management of the park and facilitates the day-to-day management of the park by CHCC and NPWS. A draft Plan of Management for CCRP will guide its strategic direction and is currently awaiting approval from the Minister.

 

The first MoU was signed in 2005, through joint meetings of officers from CHCC and NPWS. It established a framework for cooperation and shared responsibility between each agency to jointly manage CCRP. The MoU has formed an effective tool for joint management for the duration. NPWS is primarily responsible for:

 

·     Native vegetation

·     Aboriginal heritage

·     Threatened species and native wildlife

·     Pest species (including vertebrates and weeds)

·     Fire management

·     Environmental assessment

 

CHCC is primarily responsible for:

 

·     All park facilities and infrastructure (including picnic areas and playgrounds)

·     Open space and sewerage infrastructure

·     Access to and through the park (walking tracks and roads)

·     Maintenance of asset protection zones

·     Secretarial services to the Trust Board

 

This report is to request Council’s endorsement of the revised MoU which has been reviewed and strengthened to ensure all roles and responsibilities of each agency are identified and formalised with. The updated MoU has not altered the original intended responsibilities of each agency, but rather:

 

·     Has improved the detail in relation to matters such as law enforcement and public relations.

·     That provision and maintenance of facilities, infrastructure and areas of open space must be in accordance with the Plan of Management.

·     That provision and maintenance of facilities, infrastructure and areas of open space may be subject to environmental assessment by NPWS.

·     That master plans or precinct plans will be developed following community consultation and approved by the Trust Board.

Issues:

The MoU defines the roles and responsibilities for CHCC and NPWS within the CCRP. The Park has been managed productively since its inception using this model and is often presented as the model for joint park management structures in NSW. The revised MoU strengthens the agreement and further clarifies roles and responsibilities of the two agencies.

Options:

1.    Approve the revised MoU to enable execution of the documented agreement.

2.    Reject the revised MoU in order to gain further clarification or modify sections of the agreement. This would require a further process of consultation with NPWS and the Trust Board.

Sustainability Assessment:

•     Environment

The creation of the Regional Park provided an opportunity to cooperatively manage the 366 hectares of coastal lands stretching over 27 kilometres. It is considered to have significant conservation and cultural value with a high diversity of vegetation communities due to the unique close proximity of the mountains to the ocean. 98 hectares of private lands in Moonee were purchased by the Roads and Maritime Services as an offset to the biodiversity impacts of the Pacific Highway upgrade between Sapphire and Woolgoolga. This property was gazetted as part of the Regional Park in 2017.

 

A major focus for management of the CCRP has been encouraging and supporting local volunteer Landcare / Coastcare group. Resources have been prioritised to regenerate bush and to develop a Coastal Weeds strategy, managing introduced plant and animal species, clearing illegal structures, links with the Aboriginal community, fire management and law enforcement.

•     Social

The CCRP is an excellent example of successful collaborative management between State and Local Government which is of great recreational benefit to the communities adjacent to the coastal lands, but also enjoyed but the many visitors to the area.

 

One of the original aims of the working group was to develop a coastal walkway. The award winning Solitary Islands Coastal walkway was completed in 2012. It is over 60km long, from Red Rock to Sawtell along beaches, over headlands and through rainforest.

•     Civic Leadership

CHCC resolved to enter a joint agreement with NPWS to manage the coastal Crown lands in 2000. Council’s responsibility is to maintain consistent standard of infrastructure in accordance with the quadruple bottom line principles (economic, environmental, social and heritage).

•     Economic – Broader Economic Implications

The Regional Park lands were formerly the economic responsibility of CHCC. The Trust has proved to be a well-managed financial entity. NPWS have a dedicated field officer and ranger for the park with an average recurrent budget of approx. $65,000, 76% of which is used to contract bush regenerators to work on priority sites within the park. The Trust has attracted funds of $1.4 million which was invested and managed effectively, matched with funds from the Environmental Levy grant, other grants, Green Corp funding and partnering in ‘work for the dole’ schemes.

 

The Board has recently compiled a list of achievement from 2003 – 2014 and submitted it to the Minister of Energy and Environment, with a request for additional funding to implement more projects in the Park. The completed Plan of Management and revised MoU are evidence of the effective management of CCRP which should strengthen the case for more funding.

•     Economic – Delivery Program/Operational Plan Implications

The execution of the MoU does not include financial implications for the Delivery Program or the Operation Plan that are not already accounted for and approved. Council works with the Trust to develop the annual operational plan and any Council commitments are approved in accord with Council’s budget processes.

Risk Analysis:

The MoU establishes a framework for cooperation and shared responsibility between each agency to jointly manage CCRP. The attached updated MoU allows for clearer guidance for each agency and includes recent changes to the NPW Act.

 

Council staff plan the management of infrastructure in the Regional Park as part of the Asset Management system, including a risk assessment and prioritisation process.

Consultation:

The updated MoU document was developed by CHCC and NPWS. The document was then presented to a meeting of the Coffs Coast Regional Park Trust Board and endorsed by them.

Related Policy, Precedents and / or Statutory Requirements:

Division 5, National Parks and Wildlife Act 1974

Implementation Date / Priority:

Immediately.

Conclusion:

The MoU provides the framework for CHCC and NPWS to jointly and efficiently manage the Regional Park, including providing secretariat and report to the Regional Park Board.

 

 

 


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