Coffs Harbour City Council

01 July 2020

 

Ordinary Council Meeting

 

The above meeting will be held remotely via audio-visual link on:

 

Thursday, 9 July 2020

 

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

 

  

General Manager's Reports

GM20/16         Local Government Remuneration Tribunal............................................. 3

GM20/17         Northern Regional Planning Panel - Alternate Council Member Nominees - Development Application No. 0221/20................................... 30

Directorate Reports - Business Services

BS20/41          Rent Waivers for Council Tenants Impacted by COVID-19 Restrictions......................................................................................................... 79

BS20/42          Brindabella Airlines - Bad Debt Write-Off............................................ 103

Directorate Reports - Sustainable Communities

SC20/32          Positive Ageing Strategy 2020-2024 - Post Exhibition........................ 105

SC20/33          Amendments to the Coffs Harbour Significant Tree Register.. 146

Notices of Motion Sustainable Infrastructure

NOM20/08      Investigation of Diversion of Recovered Glass Material............ 151

Directorate Reports - Sustainable Infrastructure

SI20/12           Federal Community Infrastructure Grants....................................... 152   


GM20/16      Local Government Remuneration Tribunal

Author:                        Governance Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM20/16  Local Government Remuneration Tribunal Annual Determination for 2020  

 

Executive Summary

Each year, the Local Government Remuneration Tribunal (Tribunal) determines the categories of councils and the maximum and minimum fees to be paid to mayors and councillors for the following financial year (s248-249 of the Local Government Act 1993).

 

In June 2020, The Tribunal determined that there will be no annual increase in the mayor and councillor fees for 2020/21.  Despite this, the Tribunal’s category review moved Coffs Harbour City Council from Regional Rural to the new Regional Centre category, which has effectively provided an opportunity for Council to consider increased fees for the 2020/21 financial year.

 

This report is seeking a decision on the appropriate fees to be paid to the Coffs Harbour City Council mayor and councillors for the 2020/21 financial year.

 

 

Recommendation:

That Council, in accordance with the provisions of s248-249 of the Local Government Act 1993, fix the:

1.       Annual fee for councillors at $_____ for the 2020/21 financial year.

2.       Additional annual fee for the position of mayor at $_____ for the 2020/21 financial year.

 

Report

Description of Item:

Each year, pursuant to s239 and 241 of the Local Government Act 1993 (The Act), the Local Government Remuneration Tribunal (Tribunal) determines the maximum and minimum fees for mayors and councillors to be paid for the following financial year.  In addition, the Tribunal is also required to determine the categories of councils at least once every 3 years (s239 of the Act).  The last significant category review was in 2017 and therefore the Tribunal reviewed the categories as part of its 2020 determination.

 

The Tribunal has made a determination on council fees and categories for 2020/21 and due to the current economic and social circumstances, there will be no increase in the minimum and maximum fees applicable to each existing category for 2020/21.  Although, the review of council categories meant that some councils may consider an increase in fees if they changed categories.

 

After reviewing the categories, the Tribunal determined to make the following changes to Non-Metropolitan group councils (which includes Coffs Harbour City Council):

 

·    Create two new categories - Major Strategic Area and Regional Centre

·    Rename one category - Regional City to Major Regional City, and

·    Revise the criteria for some of the existing categories to account for the new categories.

 

In previous years, Coffs Harbour City Council had been categorised as Regional Rural.  As a result of the Tribunal’s determination, Coffs Harbour City Council is now categorised as a Regional Centre. The annual fees for the new Regional Centre category have been set at higher than those of the Regional Rural category.

 

Therefore, despite the Tribunals decision to not increase the annual fees, Coffs Harbour City Council’s change in category has effectively provided the opportunity for Council to set fees within the increased range of the minimum and maximum fees payable to the mayor and councillors, when compared to last financial year.

 

The subject fees, along with a comparison to the past two years, are presented in the following table:

 

Year

2018/19

2019/20

2020/21

Category

Regional Rural

Regional Rural

Regional Centre

 

Minimum

$

Maximum

$

Minimum

$

Maximum

$

Minimum

$

Maximum

$

Councillors

8,970

19,790

9,190

20,280

13,820

24,320

Mayors (additional)

19,100

43,170

19,580

44,250

28,750

60,080

 

For more information on the Tribunal’s determination, refer to the attached Local Government Remuneration Tribunal Annual Determination for 2020.

Issues:

There are no obvious issues associated with this report.  The report presents the findings of the Tribunal and as such Council is obliged to fix a fee within the range established for the Regional Centre category, in accordance with the Tribunal determination.

Options:

The following options are available to Council:

 

1.    Resolve to maintain the 2019/20 fees for the 2020/21 financial year which represents 83% and 76% of the maximum fees for the Councillors and the Mayor (respectively) under the Regional Centre category.

 

2.    Resolve to fix the annual fees for Councillors and the Mayor at the maximum for the Regional Centre category.

 

3.    Resolve to fix the annual fees for Councillors and the Mayor at another amount between the minimum and maximum allowable annual fees for the Regional Centre category.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

This report meets objective D.1 Our leaders give us confidence in the future of the MyCoffs Community Strategic Plan.

•     Economic – Broader Economic Implications

There are no broader economic implications as a result of this report.

•     Economic - Delivery Program/Operational Plan Implications

Coffs Harbour City Council’s allocation to the new Regional Centre category has increased the maximum fees for the mayor and councillors.  If Council adopts the maximum amount for Councillors and the Mayor, this would result in an overall increase of $48,150 compared to the previous Tribunal assessed increase of 2.5%.  This will have a deficit impact on Council’s operating position.

Risk Analysis:

There are no immediate risks identified as a result of this report.

Consultation:

This report reflects the findings of the Local Government Remuneration Tribunal, dated 10 June 2020.

Related Policy, Precedents and / or Statutory Requirements:

s235 – 249 Local Government Act 1993.

Implementation Date / Priority:

Any new fees adopted by Council are payable from 1 July 2020.

Conclusion:

That Council consider the determination of the Tribunal, and resolve the appropriate fees to be paid to the Coffs Harbour City Council mayor and councillors for the 2020/21 financial year.

 

 

 


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GM20/17      Northern Regional Planning Panel - Alternate Council Member Nominees - Development Application No. 0221/20

Author:                        Group Leader Sustainable Places

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  GM20/17  Sydney and Regional Planning Panels Operational Procedures 2020  

 

Executive Summary

At its meeting of 14 May 2020, Council considered a report for Development Application (DA) No. 0221/20 for construction of a Residential Flat Building (4 buildings containing 52 units), demolition of existing dwelling and strata subdivision at Lots 87 and 88 DP1253025, 5-13 Hastings Street, Woolgoolga. At this meeting, Council resolved to defer consideration of DA No. 0221/20 to enable further public notification and receive an updated development assessment report.

Since the Council resolution, the applicant has requested that the matter be determined by the Northern Regional Planning Panel (NRPP). Given Council considered the assessment of DA No. 0221/20 at its meeting of 14 May 2020, the current three elected Council member nominees have declared a conflict of duty in accordance with the Sydney & Regional Planning Panels Operational Procedures. Subsequently, Council is able to nominate two alternate Council member nominees to the NRPP for involvement in the consideration of DA No. 0221/20. 

This report recommends two alternate Council member nominees to the NRPP for the consideration of DA No. 0221/20.

 

Recommendation:

That Council nominate the following two persons to represent Coffs Harbour City Council on the Northern Regional Planning Panel for the consideration of Development Application No. 0221/20:

1.       Paul Drake

2.       David Crofts

 

Report

Description of Item:

The purpose of this report is to present two alternate nominees for the Council positions on the Northern Regional Planning Panel (NRPP).

Issues:

At its meeting of 14 May 2020, Council considered a report for DA No. 0221/20 for construction of a Residential Flat Building (4 buildings containing 52 units), demolition of existing dwelling and strata subdivision at Lots 87 and 88 DP1253025, 5-13 Hastings Street, Woolgoolga. At this meeting, it was resolved:

That Council:

1.    Defer consideration of Development Application No. 0221/20 to enable a further 14-day period of public advertising and notification,

2.    Receive an updated development assessment report outlining this additional public advertising and notification together with more detailed analysis of the proposed development against the Woolgoolga Town Centre Masterplan.

Since the Council resolution of 14 May 2020, the applicant has requested that the matter be determined by the NRPP.

Clause 20 of State Environmental Planning Policy (State and Regional Development) 2011 specifies that Council consent functions are to be exercised by regional panels for developments described in Schedule 7 of the Policy.

Clause 9 of Schedule 7 specifies where:

Development that has a capital investment value of more than $10 million but less than $30 million—

(a)   for which a development application to the relevant council has been lodged but not determined within 120 days after the application was lodged, and

(b)   that is the subject of a written request to that council by the applicant for the application to be dealt with by a regional panel,

unless the chairperson of the regional panel concerned determines that the delay in determining the development application was caused by the applicant.

The Chair of the NRPP has written to Council on 22 June 2020 accepting the referral and advising that the development application will be determined by the NRPP and not Council.

-      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 NRPP for determination. This report will be provided to Council at its next meeting for information with the ability to make a submission to the NRPP.

The NRPP has advised that this development application will be considered on 3 August 2020.

-     Operational Procedures:

Given Council considered the assessment of DA No. 0221/20 at its 14 May 2020 meeting, the current three elected Council member nominees have declared a conflict of duty in accordance with the Sydney & Regional Planning Panels Operational Procedures. The Procedures are provided in Attachment 1 to this report. Subsequently, Council can nominate two alternate Council member nominees to the NRPP for involvement in the consideration of DA No. 0221/20.

In this regard, it is recommended that two of the current Port Macquarie-Hastings Council planning panels members be confirmed for the NRPP to consider DA No. 0221/20:

1.   Paul Drake

2.   David Crofts

Options:

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

1.   Adopt the recommendation provided.

2.   Identify two other persons with appropriate skills to be Councils alternate nominees on the NRPP for the consideration of DA No. 0221/20.

3.   Not adopt the recommendation. In accordance with the Sydney & Regional Planning Panel Operational Procedures, if Council fails to nominate one or more council nominees, the NRPP is still able to exercise its functions.

Sustainability Assessment:

•     Environment

The purpose of this report is to nominate two alternate Council member nominees to the NRPP for the consideration of DA No. 0221/20. Matters relating to the potential environmental impacts associated with the proposed development are addressed in a future development assessment report which is to be considered by the NRPP.

•     Social

The purpose of this report is to nominate two alternate Council member nominees to the NRPP for the consideration of DA No. 0221/20. Matters relating to the potential social impacts associated with the proposed development are addressed in a future development assessment report which is to be considered by the NRPP.

•     Civic Leadership

The appointment of two alternate Council member nominees promotes civic leadership, good governance, transparency and accountability.

•     Economic – Broader Economic Implications

The appointment of two alternate Council member nominees 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 matters have been considered. The adoption of this recommendation will not result in any significant risk to Council.

Consultation:

Council staff have been consulting with the Planning Panels Secretariat on this issue.

Related Policy, Precedents and / or Statutory Requirements:

The State Environmental Planning Policy (State and Regional Development) 2011 specifies that Council consent functions are to be exercised by regional panels for developments described in Schedule 7 of the Policy. A number of operational procedures, which have been developed by the NRPP, specify procedural matters for the panels and its decisions.

Implementation Date / Priority:

The NRPP has advised that this application will be considered on 3 August 2020.

Conclusion:

Given Council considered the assessment of DA No. 0221/20 at its meeting of 14 May 2020, the current three elected Council member nominees have declared a conflict of duty in accordance with the Sydney & Regional Planning Panels Operational Procedures.

This report recommends two alternate Council member nominees to the NRPP for the consideration of DA No. 0221/20.

 


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BS20/41       Rent Waivers for Council Tenants Impacted by COVID-19 Restrictions

Author:                        Property Officer Leasing and Licensing

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/41   CONFIDENTIAL Rent Assessment Table

Confidential in accordance with Section 10A(2)(a),(c) of the Local Government Act as it contains personnel matters concerning particular individuals (other than Councillors), and information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

ATT2  BS20/41   National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles

ATT3  BS20/41   Retail and Other Commercial Leases (COVID-19) Regulation 2020  

 

Executive Summary

Many businesses in the Coffs Harbour City Council area have been adversely affected by the COVID-19 pandemic and the associated steps that have been taken by governments to slow down infection levels.

Council is a landlord for many organisations and businesses throughout the Local Government Area and has already implemented assistance for business and community groups that have been adversely affected.

Further assistance is required during these difficult times.  For community and sporting organisations it is recommended 100% rent waiver and for commercial and airport tenants the assistance will be assessed in line with the Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 adopted by the National Cabinet and the Retail and Other Commercial Leases (COVID-19) Regulation 2020.

The financial impact of this Council provided assistance, depending on the assessment, could be from a minimum $52,197.78 up to $275,032.36.

 

Recommendation:

That Council:

1.       Provide a 100% rent waiver for tenants identified as community or sporting organisations in the Attachment 1 – ‘Confidential Rent Assessment Table’ for the period 1 July – 30 September 2020 (inclusive) at a cost of $52,197.78.

2.       Request the commercial and airport tenants identified as impacted in Attachment 1 – ‘Confidential Rent Assessment Table’ provide information to Council to enable an assessment to be made in accordance with the Retail and Other Commercial Leases (COVID-19) Regulation 2020 and the General Manager be delegated authority to determine the level of assistance from the Council as outlined in this Regulation for the period 1 July – 30 September 2020 (inclusive).

3.       Request a further report be presented to allow consideration for a further period of rental waivers and/or deferrals in accordance with the Retail and Other Commercial Leases (COVID-19) Regulation 2020 for impacted tenants in October 2020.

 

Report

Description of Item:

At its meeting held 23 April 2020, Council resolved:

 

That Council:

1.       Provide tenants identified as Impacted by the Coronavirus (Attachment 1 – ‘Proposed Rent Relief Table’) with rent abatement for the period 1 April – 30 June 2020 (inclusive).  Note: to be clear, rent payments up to the 31 March 2020 are to be collected.

2.       Determine if the rent abatement period should be extended for a further period should economic conditions throughout the Local Government Area still dictate the tenants require this assistance.

 

This report addresses item 2 contained within the resolution.

 

Council provides licensing and leasing agreements for Council owned or managed property to community, commercial, sporting, telecommunication carriers, government departments, preschool and other groups and in most cases these agreements have been in place for many years, playing an important part in the Coffs Harbour community.

 

Council has continued to receive calls and emails over the past months grateful for the assistance given, and asking for further rental assistance.  A further consideration of waivers or deferrals or a combination of the two in relation to rental fees could provide local, impacted community groups and businesses with assistance in transitioning through this time of hardship.

 

The National Cabinet released the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 (provided at Attachment 2).  This Code was enshrined into New South Wales law by the Retail and Other Commercial Leases (COVID-19) Regulation 2020.  The first round of rental waivers provided by the Council exceeded the conditions in the Principles, which was considered reasonable under the circumstances.  For a further round of rental waivers or deferrals it is considered prudent for the Council to undertake a further assessment of individual circumstances rather than the blanket approach taken in the first instance.

 

It is further noted other Federal and State Government assistance programs are currently scheduled to cease by the end of September 2020, although further government assistance programs are likely to be forthcoming.  This will prompt a further review of economic conditions at that time with a view to possibly extending rent waivers should it be deemed necessary.

Issues:

Rent Waivers and/or Deferrals

 

Some of the hardest hit organisations in the community as a result of the COVID-19 Pandemic have been community and sporting organisations.  For this reason, it is considered it would be appropriate to provide a 100% rent waiver for those organisations identified as community or sports organisations in the Attachment 1 – ‘Confidential Rent Assessment Table’.  This waiver will reduce the income received from these organisations by $52,197.78 which would be included in first quarterly budget review statement.

 

Further, based on the Principles, correspondence would be sent to all remaining tenants not highlighted in the exclusions list requesting information on the degree of impact the tenant has experienced due to COVID-19.  Once this information is received, consideration will be made for each individual tenant based upon the Retail and Other Commercial Leases (COVID-19) Regulation 2020 which incorporates the National Cabinet Mandatory Code, and in particular, the following:

 

3.   Landlords must offer tenants proportionate reductions in rent payable in the form of waivers and deferrals (as outlined under “definitions,” below) of up to 100% of the amount ordinarily payable, on a case-by-case basis, based on the reduction in the tenant’s trade during the COVID-19 pandemic period and a subsequent reasonable recovery period.

 

4.    Rental waivers must constitute no less than 50% of the total reduction in rent payable under principle #3 above over the COVID-19 pandemic period and should constitute a greater proportion of the total reduction in rent payable in cases where failure to do so would compromise the tenant’s capacity to fulfil their ongoing obligations under the lease agreement. Regard must also be had to the Landlord’s financial ability to provide such additional waivers. Tenants may waive the requirement for a 50% minimum waiver by agreement.

 

5.    Payment of rental deferrals by the tenant must be amortised over the balance of the lease term and for a period of no less than 24 months, whichever is the greater, unless otherwise agreed by the parties.”

 

Council officers have implemented the following assessment process to determine the eligibility to be considered for rent waiver and/or deferrals for Council tenants:

 

Category 1 – Exclusions

 

The following tenancies have been excluded from the assessment:

 

·     Telecommunication Carriers (examples including NBN, Telstra, Optus, Vodafone etc.)

·     Government Departments (examples include Education, Local Health District, and those Community providers funded by Government etc.)

·     Agreements for parking, ramps, encroachments or access-only over or on Council owned or managed land

·     Residential Tenancies

·     Occupants where the rent is less than $100 per annum

 

Category 2 – Community or Sporting Organisation Tenants

 

For those tenants identified as being community or sporting organisations, it is recommended that these organisations be provided with a 100% waiver for the 3 months 1 July 2020 – 30 September 2020 at a cost of $52,197.78.

 

Category 3 – Commercial or Airport Tenants

 

Those tenants not specifically excluded in Category 1 or included in Category 2 will be contacted to verify the level of impact from COVID-19 based on the criteria outlined in the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19. Those tenants will then be offered rental waivers, rental deferrals or a combination of both to assist them in this period. Should 100% of tenants be eligible for a rental waiver the total cost in lost revenue to the Council would be $222,834.58.

Options:

The following options are available for Council’s consideration:

 

1.   Adopt the recommendation.

2.   Provide a 100% rental waiver for all tenants not specifically excluded in Category 1 at a total cost in lost revenue of $275,032.36.

3.   Reject the recommendation and rely only on the currently approved assistance to the community by Council.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts from the information contained in this report.

•     Social

The social impacts of the Covid-19 pandemic will be felt for some considerable time into the future.  Providing assistance to the community during this time is considered necessary to lead the community through the crisis and later into the recovery phase.

•     Civic Leadership

The Coffs Harbour community, like most other communities throughout the world, is trying to come to terms with the effects of the COVID-19 pandemic.  As the level of government closest to the community, Council is being charged with providing leadership to our community in a time of need.  Council has the ability to demonstrate this leadership by assisting through various measures, some of which were included in the resolutions of 26 March, 23 April and
11 June 2020 and further through the recommendation provided in this report.

•     Economic – Broader Economic Implications

By putting in place the recommended assistance in our community, the groundwork is laid to allow those parts of our community to recover in the short to medium term.  It is important that all levels of government provide some measure of financial assistance to allow this recovery to occur as soon as possible.

 

However, it is also important for Council to remain financially capable to continue to provide ongoing service delivery to support the entire community.

•     Economic - Delivery Program/Operational Plan Implications

The implications faced as a result of the COVID-19 pandemic will have a detrimental impact on the Delivery Program and Operational Plan for the 2020/21 financial year.  The financial impact on the Council’s 2020/21 budget of the recommendation from this report is estimated from a minimum of $52,197.78 up to a total of $275,032.36.

Risk Analysis:

There is a risk that should Council not provide the assistance outlined within this report that some community groups and businesses that occupy Council owned and managed properties may not be able to continue trading at the conclusion of the COVID-19 pandemic.  This would not only be detrimental to those businesses but also to Council with a high level of vacancy of rental properties into the future.

Consultation:

·    Other Local Government property teams within NSW.

·    Local Government authorities across Australia.

·    Relevant internal Council staff.

Related Policy, Precedents and / or Statutory Requirements:

·    National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 (Attachment 2).

·    Retail and Other Commercial Leases (COVID-19) Regulation 2020 NSW (Attachment 3).

Implementation Date / Priority:

Should Council resolve to adopt the recommendation within this report, it will be implemented with immediate effect and communicated to the relevant parties without delay.

Conclusion:

This report provides for a further measure of financial relief as requested in Council’s resolution from the 23 April 2020 meeting for Council’s consideration relating to rental abatements, with a further review of economic conditions at the end of September 2020, with a view to considering extending rental assistance as per the Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 should it be deemed necessary at that time.

 


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BS20/42       Brindabella Airlines - Bad Debt Write-Off

Author:                        Section Leader Financial Support

Authoriser:                  Director Business Services

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

Attachments:              Nil

 

Executive Summary

Brindabella Airlines Pty Limited went into liquidation on 4 February 2014.  At that time an outstanding debt of $42,729.50 in passenger head tax fees was owed to Council.

 

This outstanding amount was recognised as a doubtful debt at 30 June 2014 and due to amount exceeding $20,000 and the unrecoverable nature of the debt, it is necessary to seek Council resolution to write-off the debt.

 

Recommendation:

That Council writes-off $42,729.50 in outstanding passenger head tax fees due from Brindabella Airlines Pty Limited (in liquidation) that are unrecoverable.

 

Report

Description of Item:

Council received a notice to creditors from Rodgers Reidy Chartered Accountants on 19 December 2013 that they had been appointed as administrators for Brindabella Airlines Pty Ltd (‘the Company’).

 

Further correspondence since that date has advised that Rodgers Reidy were appointed as liquidators of the Company on 4 February 2014.  A Final Report to Creditors was received on 27 May 2019 stating that no dividend is to be paid to unsecured creditors and of the intention to wind-up the Company after a Meeting of Creditors held on 12 June 2019.

 

The outstanding debt is $42,729.50 and has been recognised as a bad debt since the financial year ending 30 June 2014.  As the amount is above $20,000 it is necessary for Council to approve the bad debt write-off.

Issues:

There are no issues associated with this report.

Options:

All matters pertaining to the Company debt have been investigated and it is considered that write-off of the debt is the only option.

Sustainability Assessment:

•     Environment

There are environmental impacts in relation to this matter.

•     Social

There are social impacts in relation to this matter.

•     Civic Leadership

There are no civic leadership impacts in relation to this matter.

•     Economic – Broader Economic Implications

There are no broader economic impacts in relation to this matter.

•     Economic - Delivery Program/Operational Plan Implications

There are no impacts as a doubtful debt provision was recognised for the outstanding amount in the 2013/14 financial year.

Risk Analysis:

There are no risks from endorsement of this debt write-off recommendation.

Consultation:

Rodgers Reidy, the appointed Liquidator, was contacted to determine if the monies owing could be recovered.  Upon receiving confirmation that no dividend will be paid to unsecured creditors, recovery action was not instigated.

Related Policy, Precedents and / or Statutory Requirements:

On 18 December 2014, Council resolved to fix $20,000 as the amount above which debts to Council may be written-off by resolution of Council, in accordance with Clauses 131 and 213 of the Local Government (General) Regulation 2005.

Implementation Date / Priority:

The bad debt write-off will be processed in the 2019/20 financial year immediately following Council’s approval.

Conclusion:

This report seeks Council resolution to write-off a bad debt that was previously recognised as a doubtful debt since the 2013/14 financial year.

 

  


SC20/32       Positive Ageing Strategy 2020-2024 - Post Exhibition

Author:                        Community Planner

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/32   Positive Ageing Strategy 2020-2024

ATT2  SC20/32   CONFIDENTIAL Community 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

The Positive Ageing Strategy 2020-2024 is a four-year strategy representing Council’s commitment to support the ageing population. The strategy provides direction for how Council will respond to the opportunities and challenges of an ageing population.

At the 14 May 2020 Council meeting, Council endorsed the Draft Positive Ageing Strategy 2020-2024 to be placed on public exhibition.  The draft document was placed on public exhibition for 28 days and 5 submissions were received within the timeframe. The submissions have been reviewed and minor changes have been made to the strategy so as to respond to comments received.

 

Recommendation:

That Council:

1.       Adopt the Positive Ageing Strategy 2020-2024 (Attachment 1).

2.       Inform persons who made a submission on the Draft Positive Ageing Strategy 2020-2024 of Council’s decision.

 

Report

Description of Item:

The purpose of the Positive Ageing Strategy 2020-2024 is to ensure that Council is making substantive steps toward ensuring that the needs of older people are understood and considered as a routine aspect of Council business.

On 14 May 2020, Council resolved to:

1.       Endorse the Draft Positive Ageing Strategy 2020-2024 and place on public exhibition for a minimum period of 28 days.

2.       Receive a further report for consideration post exhibition.

Public exhibition of the Draft Positive Ageing Strategy was undertaken from 18 May to 15 June 2020 in accordance with Item 1 of the resolution. Five submissions were received during the exhibition period. Issues raised by submissions are addressed in the issues section of this report.

Issues:

Council sought community feedback on the Draft Positive Ageing Strategy 2020-2024 by way of a 28-day public exhibition period.  At the conclusion of the public exhibition period, five submissions were received by Council (Attachment 2).

A summary of the issues raised by submissions and the Council staff response is provided as follows:

Submission

Issues Raised/Feedback

Council Response

1.

·    Include images of active participation in document, more headings and dementia friendly/non-ageist language.

·    Referred Council to the model of a Citizens Advice Bureau.

·    Keep affordability of venues where volunteer-run groups provide enormous value to older residents.

·    Noted accessibility needs including pathways and beaches for less mobile people.

Strategy has been amended to de-capitalise term ‘Older People' and re-designed to incorporate more graphics.

Feedback around affordability of Council venues referred to draft Community & Cultural Facilities planning process.

2.

·    In principle support of rationale, concept and rollout of the Strategy.

·    Highlights key recommendations to include in the Strategy and execution of Action Plan.

·    Identifies the Strategy could be improved with greater strategic direction with a clearly defined measurable framework.

·    Offer to discuss Action Plan

No changes proposed to Strategy document.

Council staff to meet with submitter to go through draft Action Plan.

3.

·    Suggestions for footpaths and transport options.

·    Congratulates Council on accessible seating and paths in public places such as Bonville and Boambee look-outs.

·    Agreed with the statement ‘Research published in the Australian Health Review in 2016’ that volunteering, participation and belonging are the keys for most ageing persons.

·    Mentions several focus groups in the area with suggestions.

·    Identifies access to several beaches as needing improvement.

No changes proposed to Strategy document.

Refer feedback for infrastructure access improvements to appropriate area of Council.

4.

·    Arts Mid North Coast draws attention to the first Regional Creative Ageing Plan in Australia https://artsmidnorthcoast.com/projects/creative-ageing/mid-north-coast-creative-ageing-plan/ plus numerous other initiatives and actions, https://artsmidnorthcoast.com/projects/creative-ageing/.

·    Congratulates and supports Council in the Strategy. Recommends considering the many Municipal Public Health and Wellbeing Plans (MPHWP).

·    Encourages a detailed Action Plan

No changes proposed to Strategy document.

Council staff to meet with submitter to go through draft Action Plan.

5.

·    Supportive of all the noted issues and opportunities and particularly likes clear direction to focus on liveability as one of the three key priority areas.

·    Further comments of support are provided on the Issues and Opportunities.

·    Referred to Participation key focus areas of the strategy and recommended that consideration be given to the increasing diversity in the Coffs Harbour Local Government Area (LGA) community and encourage ongoing participation of older people in all stages of planning of community services, programs and facilities by creating community interest or advisory groups represented by the diverse community groups.

·    Needs and challenges of Aboriginal and Torres Strait Islander and Culturally and Linguistically Diverse (CALD) older people should be acknowledged and addressed within this strategy.

No changes proposed to Strategy document.

Draft Action Plan consultation with Council Advisory Committees

 

Further to the above, the final strategy document includes formatting and graphic design updates to improve presentation and readability.  No other content changes to the document have been recommended.

Options:

There are two options that may be considered by Council:

1.    Accept the recommendations of this report to adopt the Positive Ageing Strategy 2020-2024

2.    Reject the recommendation provided in this report.

This report recommends that Council undertake Option 1 as outlined.

Sustainability Assessment:

•     Environment

The strategy addresses the need for Council to take an inclusive approach to its built environment management. Council infrastructure, community safety, urban design for amenity and ongoing maintenance needs to supports active and positive ageing.

•     Social

The MyCoffs Community Strategic Plan is founded on four themes: community wellbeing; community prosperity; a place for community; and sustainable community leadership. Council aspires to make the community a vibrant and inclusive place for all citizens.

Furthermore, Council directly commits to facilitate positive ageing, aspiring to produce the following outcomes:

-     Support participating in all aspects of community life

-     Support lifelong learning

-     Support opportunities for people to live independently

In order to achieve these social outcomes sustainably and comprehensively, a dedicated “Whole of Council” approach is required. The strategy brings focus to this agenda, and supports the embedding of an older person perspective into our planning processes.

•     Civic Leadership

A significant proportion of our community are 65 years and older (projected to reach 24% by 2036 which will see it transition to the largest population cohort in the Coffs Harbour LGA) it is an important civic leadership focus to adequately and proactively plan for and accommodate current and future older populations.

•     Economic – Broader Economic Implications

A key message from the research informing this strategy is the need for older people to remain in the workforce well beyond the current trends. The economic implications of success in this domain are significant and would include maintaining disposable income within the 65 years and older population, decreasing reliance on the aged pension, and ensuring a greater liquidity in the local economy. This is an outcome that would be of great benefit to the broader community.

Failure to act to support the retention of older people in the workforce may have adverse economic consequences for the local and regional economy, increases pressure on national public funds, and could be an opportunity missed for community cohesion.

•     Economic - Delivery Program/Operational Plan Implications

The high level actions identified in this strategy and ongoing monitoring is either within existing budgeted service activities or projects.  Any additional projects or service level increases that are identified from this strategy would be subject to the budget preparation and or grant application processes. Much of the work identified requires a reorientation of Council’s approach considering stakeholders, and is a cost neutral exercise.

Risk Analysis:

Risk associated with this strategy relates to the risk of not actioning or responding to the research priorities identified. With the significance of the older population cohort in terms of the proportion of the overall community, Council needs to further plan for and address the needs of older people as part of the way it routinely executes its business.

Current contextual risks relate to the impact of COVID-19 on the older people in the community. This cohort of the community are at high-risk of isolation and lower outcomes in health and social wellbeing measures. The advancement of this strategy signals a clear proactive intention and focus from Council on addressing the needs of older people.

Consultation:

The development of this strategy has been undertaken from 2018-2020.  A comprehensive desktop research project and community consultation approach have been combined to produce the strategy. The consultation process engaged the broad community, Aboriginal community members, service providers, incorporated a specialist stakeholder consultation group and generated its own empirical data.

A Stakeholder Consultation group was formed with representation from the Local Health District, medical specialists, Dementia Australia, Carer Support, the Elder Abuse Collaborative, Residential Aged Care, the Primary Health Network, Community Transport and the community. The Stakeholder Consultation Group were directly contacted by Council to notify of the public exhibition of the Strategy and a meeting was held remotely with the group to receive further guidance.

Council has sought community feedback on the Draft Positive Ageing Strategy by way of a 28-day public exhibition period. Five community submissions were received and reviewed.

Related Policy, Precedents and / or Statutory Requirements:

-     MyCoffs - Community Strategic Plan

-     Pedestrian and Mobility Plan

-     Coffs Harbour Economic Development Strategy 2017-2022

-     Local Growth Management Strategies

-     Creative Coffs - Cultural Strategic Plan 2017 – 2022

-     Coffs Harbour City Centre Masterplan 2031

-     Woolgoolga Town Centre Masterplan

-     Community and Cultural Facilities Plan (in development)

-     Disability Inclusion Action Plan 2017-2021

Implementation Date / Priority:

Subject to Council adoption, the Positive Ageing Strategy 2020-2024 will commence the implementation phase immediately.  The key drivers within the strategy will form the basis for a delivery action plan that will influence existing projects, business as usual activities as well as options for additional actions should funding be made available.

Conclusion:

The Positive Ageing Strategy 2020-2024 is an opportunity to engage older people in the Coffs Harbour area to ensure needs are identified and incorporated into Council’s planning, infrastructure and services.

 


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SC20/33       Amendments to the Coffs Harbour Significant Tree Register

Author:                        Team Leader Biodiversity, Coastal & Flooding

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/33   Amendments to the Significant Tree Register  

 

Executive Summary

The objective of this report is to seek Council’s endorsement to amend the Coffs Harbour Significant Tree Register as outlined in Attachment 1.

The report provides the background to the Coffs Harbour Significant Tree Register, the implications and details of how the changes will be implemented.

 

Recommendation:

That Council amend the Coffs Harbour Significant Tree Register as outlined in Attachment 1.

 

Report

Description of Item:

The Coffs Harbour Significant Tree Register and accompanying Policy were adopted by Council on 10 August 2017. The Significant Tree Register identifies individual trees in the landscape that have high ecological, aesthetic or cultural value and was developed in line with criteria established by the National Trust of Australia. 

Significant trees are iconic and have intergenerational value.  The primary function of the Coffs Harbour Significant Tree Register is to prevent the unauthorised removal, lopping, topping, damage or wilful destruction of any listed significant tree(s) without the written consent of Council.  Any listed trees are also recorded on the planning certificate issued under Section 10.7 of the Environmental Planning and Assessment Act 1979.

Nominations to add or delete a tree from the Coffs Harbour Significant Tree Register may be made at any time and are reviewed by relevant staff from across Council, with final approval requiring a resolution of Council.

There are currently 217 trees on the register throughout the LGA, these are mostly on Council land.  Council has received eight requests to amend the Significant Tree Register including three additions of trees on Council land, two additions by the owners of trees on private land, and three requests to remove trees from the register regarding trees on Council land. Details of the trees are provided in Attachment 1. If this report is adopted, it will bring the number of trees on the register to 219.

Issues:

Significant trees are iconic and have intergenerational value. Through the Coffs Harbour Significant Tree Register, Council has to compile information on each listed tree to better conserve and manage significant trees in the landscape.

Listing a tree on the Coffs Harbour Significant Tree Register does put additional controls on the tree with retention of the tree being favoured above removal. Listing of trees on private land requires the land owner’s consent.

Where a tree on public land is listed on the Coffs Harbour Significant Tree Register, such as in a road reserve, works affecting the tree may be required to be modified to reduce the impacts due to retention of the tree being favoured above removal.

Options:

Council can adopt, reject or amend the resolution.  It is recommended that the Coffs Harbour Significant Tree Register be amended.

Sustainability Assessment:

•     Environment

The Coffs Harbour Significant Tree Register complements existing strategies and plans designed for the protection of the environment and local amenity.  Trees alter the environment in which we live by moderating climate, improving air quality, conserving water and providing habitat for wildlife.

•     Social

In many cases, trees contribute to a ‘sense of place’ as is recognised by the significance categories of Landscape Context and Aesthetic Value.  Collectively, trees add beauty to our urban landscapes by softening the harsh lines of buildings, complementing architecture, screening unsightly views and providing privacy and a sense of security and place.

•     Civic Leadership

Local Government has an essential role to play in managing and planning for biodiversity and amenity on both public and private land.  The Coffs Harbour Significant Tree Register helps to deliver on this role.

•     Economic – Broader Economic Implications

Individual trees and shrubs have value, with studies showing that trees in metropolitan areas contribute positively to property value.  Trees do require maintenance, with the long-term goal of tree management being sustainability and the maintenance of ecological, social and economic functions for the duration of a tree’s useful life. 

•     Economic - Delivery Program/Operational Plan Implications

While there are no immediate impacts to the Operational Plan, it is conceivable that infrastructure works affecting Significant Trees on public lands may be marginally costlier due to the need to protect against damage to a listed tree.

Risk Analysis:

There are no immediate risks to Council amending the Coffs Harbour Significant Tree Register. Keeping the register current is the best way to reduce risks.

Consultation:

The request to list trees on private land came directly from the land owners who were informed of the requirement to record the listing on the planning certificate issued under Section 10.7 of the Environmental Planning and Assessment Act 1979. The owners were informed of the implications of listing the trees and wished to proceed. Trees on public land were assessed for their location respective to relevant infrastructure.

Consultation has been, and will continue to be, undertaken in accordance with Council’s Community Participation and Engagement Plan 2019, as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Nominations for amendments to register

x

x

x

Recommendations reviewed by Significant Tree Committee

x

x

x

Final Document to Council for adoption or endorsement

x

x

 

 

Post Endorsement Feedback

x

 

 

 

Placescore

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 Coffs Harbour Significant Tree Register assists in facilitating measures for quality public realm and liveability outcomes in accordance with the community aspirations identified in the Place Score results.

Related Policy, Precedents and / or Statutory Requirements:

The Coffs Harbour Significant Tree Register is administered via Council’s Significant Tree Policy and the Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

Following the resolution of Council, the Significant Tree Register will be amended immediately. 

Conclusion:

Trees are an important part of the natural and cultural landscape of Coffs Harbour. They greatly contribute to the area’s sense of place, heritage and character, and play an important part in both the region’s past and future. Keeping the Coffs Harbour Significant Tree Register up to date ensures its accuracy.

 


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NOM20/08   Investigation of Diversion of Recovered Glass Material

Attachments:          Nil

 

Motion:

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

“1.     Council notes:

1.1     That approximately 4,000 tonnes per annum of recovered glass sand product is produced at the MRF facility at Englands Road.

1.2     That Council has accepted this product for uses such as for blending for production of non-structural concrete, pipe embedment, sub-grade in rural road construction/renewal, and most recently in hot mix asphalt.

1.3     That when recovered glass is recycled or re-used there is a claimable value under the Container Deposit Scheme (approximately $97 per tonne) but there is no CDS value when it is not beneficially reused or recycled.

2.       Council commits to a fulsome exploration of further opportunities to reuse this and other recycled products.

3.       A report is brought back detailing possible opportunities for the use of the material by Council.”

 

Rationale:

“The Glass Recycling Facility at the Englands Road Material Recovery Facility (MRF) produces a recovered product in two size classes, a fine glass sand and a glass aggregate. Subject to EPA requirements, both products can be used in a variety of construction applications, in particular as partial replacement for mined sand in a range of construction materials.

Council has utilised significant quantities of recycled glass in the past as a pipe embedment material, a road subgrade enhancement material, and most recently in hot mix asphalt as a replacement for mined sand.

As a community leader in recycling and waste management and as a significant purchaser of materials for public infrastructure CHCC has the capacity to play an even greater role in the expansion of the existing but limited markets for recycled products and materials by maximising its own use of such materials in its public assets and infrastructure provision.

Council should commit to playing an increased role in solving the recycled waste problem by exploring avenues for the further use of materials and products which incorporate recycled materials such as recovered glass and plastics.

A report could be commissioned either internally or by using external consultants to identify such opportunities. If external consultants are selected, Handybin Waste Services Pty Ltd could be approached for a contribution to payment of expert consultant fees.”

Staff Comment:

A report can be provided.

  


SI20/12         Federal Community Infrastructure Grants

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              Nil

 

Executive Summary

Council has been allocated $1.38m in funding from the Australian Government’s Local Roads and Community Infrastructure Program as a component of the Government’s COVID 19 economic recovery plan. The funding is available for use on only Council projects which meet the grant specifications. The principal area of focus for the grant is the enhancement of existing, or the creation of new Council infrastructure which has a direct community benefit.

The intent of the grant is a rapid injection of cash into the local economy, and therefore any projects which are selected for funding under this grant should be those which are in a position to be executed before 30 June 2021.  Staff have reviewed the project options and present for Council’s endorsement a recommendation regarding the Council projects which most closely meet the grant requirements, the allowable execution timeframe and which also recognise Council’s resolved project priorities.

The purpose of this report is to gain Council endorsement via resolution of the target projects in order to enable a rapid submission response back to the funding agency.

 

Recommendation:

That Council:

1.       In response to the Australian Government’s request for Local Roads and Community Infrastructure Program grant submissions, return applications for:

1.1.    Jetty Foreshores Stage 5 Carpark Project for an amount of $600,000; and

1.2.    North Coast Regional Botanic Garden Glasshouse Project for an amount of $782,096.

 

Report

Description of Item:

On 22 May 2020 the Australian Government announced a new $500 million Local Roads and Community Infrastructure Program (LRCI Program). This program will support local councils to deliver priority local road and community infrastructure projects across Australia, supporting jobs and the resilience of local economies to help communities bounce back from the COVID-19 pandemic.

The LRCI Program is part of the Government's $1.8 billion boost for road and community projects through local governments across Australia, including the bringing forward of $1.3 billion of the 2020-21 Financial Assistance Grant payment, which will also help communities battling the effects of COVID-19. In 2019-20 the Government will provide a total of $2.5 billion to local governments through the Financial Assistance Grant program.

The Government has used a funding allocation methodology for the LRCI Grant Program which is similar to the more usual annual allocations for the Roads to Recovery Program and the road component of the Financial Assistance Grants. This formula takes into consideration road length and population and is based on recommendations of Local Government Grants Commissions. Hence Council’s allocation is $1,382,096.

Under the funding arrangements for this program Council is able to exercise reasonable discretion in the selection of the projects to be funded according to its own priorities at the local level. Similar to the Roads to Recovery Program, councils will need to submit a Work Schedule that outlines the project(s) they plan to undertake. We have been advised that as long as these projects are ‘eligible’ local road or community infrastructure projects, they will receive funding.

Issues

Only projects which are additional to Council’s existing plans are eligible for this grant. Therefore, a project which has already been fully funded by Council is ineligible for this grant. Neither of the projects recommended to Council in this report have been fully funded at this time. Both recommended projects have been allocated co-contribution amounts by Council in its recent budget considerations which is acceptable under the grant requirements.

The selection and recommendation of projects as listed in the proposed resolution has been conducted to prioritise Council’s previously adopted Seven Significant Projects as a basis. Additionally, only projects that can reasonably be completed within the 12-month timeframe are included.

In July 2020 Council will be submitting a further Crown Lands Improvement Fund (CLIF) grant application for the NCRBG Glasshouse Project. If this application is successful Council will have the option of redistributing an amount equal to the future CLIF grant to fund other projects.

In the case that the future CLIF grant application is successful, then a further report to Council will be provided to facilitate Council’s considerations for a redistribution of any funds which may be freed up by the CLIF allocation.

Options:

1.       Council may adopt the recommendation as it is described.

2.       Council may amend the list of recommended projects whilst staying within the total financial limit of $1.38m. In this case an alternate project must still meet the grant criteria related to ‘eligible projects’ and staff advice should be sought.

3.       Council may determine not to proceed with the intended grant submission.

Sustainability Assessment:

•     Environment

There is no environmental impact which is directly consequent to the recommendation. Any and all potential environmental impacts which relate to any work projects which may result from the recommendation will be addressed through the application of existing project risk management processes including, for example, the documentation of Part V assessments.

•     Social

The effective expenditure of the offered grant funding will have a significant social impact via the one-off economic lift the expenditure provides locally, and a longer term and beneficial social impact via the provision of long life social infrastructure.

•     Civic Leadership

Council’s previous determination and adoption of the seven significant projects is a demonstration of civic leadership.

•     Economic – Broader Economic Implications

The grant quantum of $1.38m is in addition to Council’s recently adopted 20/21 capital budget and therefore has only a beneficial impact on the local economy by that same amount.

•     Economic - Delivery Program/Operational Plan Implications

Impacts on the recently adopted OP and DP Plans are limited to an increase in the planned work requirements of some staff areas. The impacts are largely controllable via an increase in the otherwise planned use of local contractors.

Risk Analysis:

The primary risk to Council consequent to the adoption of the recommendation is the necessity to complete the capital tasks within a 12-month period. The recommended projects have been selected to minimise that risk.

Consultation:

Internal consultation has been completed for the purposes of this report. Significant additional consultation has been previously conducted with external stakeholders on particular projects.

Related Policy, Precedents and / or Statutory Requirements:

Nil

Implementation Date / Priority:

Immediate

Conclusion:

This report recommends two prioritised capital projects for Council’s consideration for the purposes of accessing an Australian Government grant of $1.38m.