Coffs Harbour City Council

03 February 2021

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 11 February 2021

 

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

 

 

Directorate Reports - Business Services

BS21/01          Bank and Investment Balances for November 2020.............................. 3

BS21/02          Bank and Investment Balances for December 2020............................ 23

BS21/03          Monthly Financial Performance Report for the Month Ended 30 November 2020...................................................................................................... 44

BS21/04          Deferred 2020/21 City Centre Special Rate............................................. 61

BS21/05          Coffs Harbour Airport Enterprise Park Funding Update.............. 68

BS21/06          Release of Positive Covenant - 91 Mimiwali Drive, Bonville............ 71

BS21/07          Draft Plan of Management for Nine Crown Reserves..................... 75

Directorate Reports - Sustainable Communities

SC21/01          Bushfire Recovery Action Plan 2020-2022 - December 2020 Quarterly Update................................................................................................................... 193

SC21/02          RFT-1324-TO Building Works for the West Woolgoolga Sports Complex................................................................................................................ 233

SC21/03          Naming - Wiigulga Sports Complex........................................................... 237

SC21/04          Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands - Response Letter from NSW Government.... 243

SC21/05          Investigation into Fencing and Signage for Koala Protection. 248

Directorate Reports - Sustainable Infrastructure

SI21/01           Water Security Negotiations..................................................................... 254

Questions on Notice

QON21/01      Airport Lease Value........................................................................................ 256


BS21/01       Bank and Investment Balances for November 2020

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/01   Investment Performance Report for the Month Ended 30 November 2020  

 

Executive Summary

Council’s Bank Balances and Investments as at 30 November 2020 totalled $233,033,949.38.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Delivery Program and associated Operational Plans.

 

 

Recommendation:

That Council note the bank balances and investments totalling $233,033,949.38 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 November 2020.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 November 2020 is attached.  Also included is a summary of Council’s Socially Responsible Investment Performance.  It should be noted that Council is required to account for investments in accordance with the Australian International Financial Reporting Standards.  Term deposits are shown at face value and all other investment balances at the end of each month reflect market value movements, which would be inclusive of accrued interest.

 

Interest when paid, say quarterly, would result in reductions in the market value of the investments.  The Investment Report reflects the above requirements and reflects the interest earned (or accrued) on each investment, based on the acquisition price.

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for November 2020 are available in the Councillors’ Resource Centre.

Issues:

There are no issues associated with this report.

Options:

As this report is for noting only, an options analysis is not required.

 


 

Sustainability Assessment:

•     Environment

Included in the monthly report is a summary of Council’s Socially Responsible Investment Performance (refer Attachment 1).

•     Social

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

•     Civic Leadership

Council invests surplus funds to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Delivery Program and associated Operational Plans.

•     Economic – Broader Economic Implications

Council’s investments are held according to the requirements stated within Council’s Investment Policy and the returns are acceptable in relation thereto.  In the long term, earnings from investments can vary due to economic conditions and financial markets.  Council constructs its investment portfolio with consideration of current conditions and to comply with the Office of Local Government Investment Policy Guidelines.

•     Economic - Delivery Program/Operational Plan Implications

As at 30 November 2020, it is noted that the total bank and investment balance was $233,033,949.38 comprising restricted and unrestricted General, Trust, Water and Sewer Funds’ cash and investments.

Risk Analysis:

The likelihood of risks associated with New South Wales Local Government’s investing funds is now remote due to the conservative nature of investments permitted under statutory requirements.  The risk of capital not being returned in relation to each individual investment Council owns is indicated in the attachment.  Council officers have considered the risk to its portfolio in light of the COVID-19 pandemic.  Council has portfolio policy limits and risk management related strategy that provide protection against exposure to investment related risks.  Council also has maximum holding limits based on credit quality and counterparty limits and there is not considered to be a significant increase in these risks at this point in time.

 

The main risks for Council’s investment portfolio are liquidity and credit risk, both of which are being managed under the advice of Laminar Group Pty Ltd.  Liquidity risk is the risk that the Council is unable to redeem the investment at a fair price within a timely period and thereby incurs additional costs (or in the worst case is unable to execute its spending plans).  Credit risk is the risk of loss of principal stemming from a financial institutions failure to repay that principal when that principal is due.  Council is compensated for assuming credit risk by way of interest payments from the financial institutions issuing the investment security.

 

Credit risk is rated by various rating agencies.  Investment securities in Council’s current portfolio are rated by either Standard and Poors or Fitch, with the majority of the portfolio rated by Standard and Poors.  Standard and Poors credit ratings and an explanation of their ratings are as follows:

 


 

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments.  Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

Strong capacity to meet financial commitments, but somewhat susceptible to adverse economic conditions and changes in circumstances.

BBB

Adequate capacity to meet financial commitments, but more subject to adverse economic conditions.

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

Less vulnerable in the near term but faces major ongoing uncertainties to adverse business, financial and economic conditions.

B

More vulnerable to adverse business, financial and economic conditions but currently has the capacity to meet financial commitments.

CCC

Currently vulnerable and dependent on favourable business, financial and economic conditions to meet financial commitments.

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

Ratings from ‘AA’ to ‘CCC’ may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.

 

Types of investment securities by credit risk ranking from highest to lowest are as follows:

 

·     Deposits/Covered Bonds – these share first ranking

·     Senior debt – Floating Rate Notes/Fixed Coupon Bonds.

·     Subordinated debt

·     Hybrids

·     Preference shares

·     Equity shares (common shares).

 

Subordinated debt, hybrids, preference and equity shares are not a permitted investment under the current Ministerial Order.  Term deposits of $250,000 or less per financial institution are covered under the Commonwealth Government Deposit Guarantee Scheme and therefore by default have the same credit rating as the Commonwealth Government, i.e. AAA.

 

All credit unions, building societies and mutual banks are Authorised Deposit-taking Institutions (ADIs) and are regulated in the same way as all other Australian banks.  ADIs are regulated by the Australian Securities and Investment Commission under the Corporations Act 2001, and by the Australian Prudential Regulatory Authority under the Banking Act 1959.

Consultation:

Council’s investment advisors, Laminar Group Pty Ltd have been consulted in the preparation of this report.

Related Policy, Precedents and / or Statutory Requirements:

Council funds have been invested in accordance with Council’s Investment Policy (POL‑049), which was adopted on 24 August 2017.

Local Government Act 1993 – Section 625

Local Government Act 1993 – Investment Order (dated 12 January 2011)

Local Government General Regulation 2005

The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2), 14C(1) and 14C(2)

Implementation Date / Priority:

Nil.

Conclusion:

Council should consider the information provided in the report and the Councillors’ Resource Centre and the recommendation provided.

 

 


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BS21/02       Bank and Investment Balances for December 2020

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/02   Investment Performance Report for the Month Ended 31 December 2020  

 

Executive Summary

Council’s Bank Balances and Investments as at 31 December 2020 totalled $230,076,618.02.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Delivery Program and associated Operational Plans.

 

 

Recommendation:

That Council note the bank balances and investments totalling $230,076,618.02 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 December 2020.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 31 December 2020 is attached.  Also included is a summary of Council’s Socially Responsible Investment Performance.  It should be noted that Council is required to account for investments in accordance with the Australian International Financial Reporting Standards.  Term deposits are shown at face value and all other investment balances at the end of each month reflect market value movements, which would be inclusive of accrued interest.

 

Interest when paid, say quarterly, would result in reductions in the market value of the investments.  The Investment Report reflects the above requirements and reflects the interest earned (or accrued) on each investment, based on the acquisition price.

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for December 2020 are available in the Councillors’ Resource Centre.

Issues:

There are no issues associated with this report.

Options:

As this report is for noting only, an options analysis is not required.

 


 

Sustainability Assessment:

•     Environment

Included in the monthly report is a summary of Council’s Socially Responsible Investment Performance (refer Attachment 1).

•     Social

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

•     Civic Leadership

Council invests surplus funds to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Delivery Program and associated Operational Plans.

•     Economic – Broader Economic Implications

Council’s investments are held according to the requirements stated within Council’s Investment Policy and the returns are acceptable in relation thereto.  In the long term, earnings from investments can vary due to economic conditions and financial markets.  Council constructs its investment portfolio with consideration of current conditions and to comply with the Office of Local Government Investment Policy Guidelines.

•     Economic - Delivery Program/Operational Plan Implications

As at 31 December 2020, it is noted that the total bank and investment balance was $230,076,618.02 comprising restricted and unrestricted General, Trust, Water and Sewer Funds’ cash and investments.

Risk Analysis:

The likelihood of risks associated with New South Wales Local Government’s investing funds is now remote due to the conservative nature of investments permitted under statutory requirements.  The risk of capital not being returned in relation to each individual investment Council owns is indicated in the attachment.  Council officers have considered the risk to its portfolio in light of the COVID-19 pandemic.  Council has portfolio policy limits and risk management related strategy that provide protection against exposure to investment related risks.  Council also has maximum holding limits based on credit quality and counterparty limits and there is not considered to be a significant increase in these risks at this point in time.

 

The main risks for Council’s investment portfolio are liquidity and credit risk, both of which are being managed under the advice of Laminar Group Pty Ltd.  Liquidity risk is the risk that the Council is unable to redeem the investment at a fair price within a timely period and thereby incurs additional costs (or in the worst case is unable to execute its spending plans).  Credit risk is the risk of loss of principal stemming from a financial institutions failure to repay that principal when that principal is due.  Council is compensated for assuming credit risk by way of interest payments from the financial institutions issuing the investment security.

 

Credit risk is rated by various rating agencies.  Investment securities in Council’s current portfolio are rated by either Standard and Poors or Fitch, with the majority of the portfolio rated by Standard and Poors.  Standard and Poors credit ratings and an explanation of their ratings are as follows:

 


 

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments.  Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

Strong capacity to meet financial commitments, but somewhat susceptible to adverse economic conditions and changes in circumstances.

BBB

Adequate capacity to meet financial commitments, but more subject to adverse economic conditions.

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

Less vulnerable in the near term but faces major ongoing uncertainties to adverse business, financial and economic conditions.

B

More vulnerable to adverse business, financial and economic conditions but currently has the capacity to meet financial commitments.

CCC

Currently vulnerable and dependent on favourable business, financial and economic conditions to meet financial commitments.

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

Ratings from ‘AA’ to ‘CCC’ may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.

 

Types of investment securities by credit risk ranking from highest to lowest are as follows:

 

·     Deposits/Covered Bonds – these share first ranking

·     Senior debt – Floating Rate Notes/Fixed Coupon Bonds.

·     Subordinated debt

·     Hybrids

·     Preference shares

·     Equity shares (common shares).

 

Subordinated debt, hybrids, preference and equity shares are not a permitted investment under the current Ministerial Order.  Term deposits of $250,000 or less per financial institution are covered under the Commonwealth Government Deposit Guarantee Scheme and therefore by default have the same credit rating as the Commonwealth Government, i.e. AAA.

 

All credit unions, building societies and mutual banks are Authorised Deposit-taking Institutions (ADIs) and are regulated in the same way as all other Australian banks.  ADIs are regulated by the Australian Securities and Investment Commission under the Corporations Act 2001, and by the Australian Prudential Regulatory Authority under the Banking Act 1959.

Consultation:

Council’s investment advisors, Laminar Group Pty Ltd have been consulted in the preparation of this report.

Related Policy, Precedents and / or Statutory Requirements:

Council funds have been invested in accordance with Council’s Investment Policy (POL‑049), which was adopted on 24 August 2017.

Local Government Act 1993 – Section 625

Local Government Act 1993 – Investment Order (dated 12 January 2011)

Local Government General Regulation 2005

The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2), 14C(1) and 14C(2)

Implementation Date / Priority:

Nil.

Conclusion:

Council should consider the information provided in the report and the Councillors’ Resource Centre and the recommendation provided.

 

 

 


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BS21/03       Monthly Financial Performance Report for the Month Ended 30 November 2020

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/03   Monthly Financial Performance Report for the month ended 30 November 2020  

 

Executive Summary

This report presents the Monthly Financial Performance Report for the month ended 30 November 2020. The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year. As at 30 November 2020 the budget year to date surplus is $66.9 million with the actual year to date surplus being $68.4 million.

 

The explanation of year to date variances is contained within the Income Statement commentary under Variance Comments for variances greater than 10%. There are individual recurrent revenue sources with variances but overall recurrent revenue is on track, similarly for recurrent expenditure.

 

The capital expenditure target for the current financial year is $137 million with $20.4 million expended to the end of November.

 

Recommendation:

That Council note the Monthly Financial Performance Report for 30 November 2020.

 

Report

Description of Item:

The Monthly Financial Performance Report provides information on Council’s actual to budget performance. The report provides accrual based information to Council on a monthly basis and designed to identify and explain any major variances between budgeted and actual results.

 

The report includes:

 

Financial Management Summary

·     The net operating surplus at the end of November is $0.74 million ahead of budget expectations. The net surplus after capital grants is $68.4 million against a budget of $66.9 million. Operating expenditure to the end of November is $71.1 million against a budget of $71.8 million.

·     Capital expenses are behind YTD budget expectations with total capital expenditure to the end of November of $20.5 million versus a YTD budget of $22.4 million. The annual targeted expenditure is $137 million for the financial year.

 

Income Statement

·     This is a comprehensive income statement detailing the monthly performance for November 2020. This statement compares actual to budget on a monthly and year to date basis at the financial statement level. In terms of monthly percentages, although some percentages may be large in dollar terms, they have a minor impact on financial performance. There are individual comments for any monthly and YTD variances greater than 10%.

 

Capital Expenditure Summary and Detailed

·     Capital expenditure by cost centre and then at a more detailed level is provided in the attachment.  Explanations have been provided for any variances greater than $200,000.

 

Issues:

Income Statement commentary as at 30 November 2020 for Year to Date (YTD) variances:

 

Revenue

·     Interest & Investment Revenue: Due to COVID-19 Council resolved not to charge interest and fees for late payment of Council Rates until after December 2020. In addition, there is a slight decline in interest returns on investments as they become due for re-investment. Anticipated investment returns will be reviewed in the December QBRS.

 

·     Other Revenue: Revenue for Council venues such as the Community Village, Jetty Memorial Theatre, Coffs Harbour Airport and Cex Coffs Harbour International Stadium are lower than anticipated due to ongoing COVID-19 restrictions and the cancellation of some events. Revenue for parking fines have also been impacted due to the reduction of fines being imposed.

 

Expenditure

·     No issues noted.

 

Income Statement commentary as at 30 November 2020 for Monthly variances:

 

Revenue

·     Rates & Annual Charges: There is a minor variation in dollar terms. Negative rate income primarily relates to the recognition of pensioner rebates.

·     User Charges & Fees: The external works revenue forecasted is lower than expected due to the delayed start of the bypass works and this will be reviewed in the December QBRS.

·     Interest & Investment Revenue: Due to COVID-19 Council resolved not to charge interest and fees for late payment of Council Rates until after December 2020. In addition, there is a slight decline in interest returns on investments as they become due for re-investment. Anticipated investment returns will be reviewed in December QBRS.

·     Other Revenue: Revenue for Council venues such as the Community Village, Jetty Memorial Theatre, Coffs Harbour Airport and Cex International Stadium are lower than anticipated due to ongoing COVID-19 restrictions and the cancellation of some events. Revenue for parking fines have also been impacted due to the reduction of fines being imposed. Construction certificates for the month are also down, however YTD remains in line with projected annual budget.

 

Expenditure

·     Employee Benefits & Oncosts: Now that the Coffs, Sawtell and Woolgoolga pools are being operated with Council employees the nature of the budgets adopted need to be reallocated from Materials & Contracts to Employee Benefits & Oncosts. In light of the changes to the pools operating structure all budgets related to pool operations will be reviewed as part of December QBRS. The nature of how Council is delivering some services have differed to that originally expected, resulting in some expenses (including salaries) being borne internally rather than via an external provider. These variations will be reflected in the December QBRS.

Options:

An options analysis is not provided as this report is for noting only.

Sustainability Assessment:

•     Environment

There are no environmental impacts for the information contained within the report.

•     Social

There are no social impacts for the information contained within the report.

•     Civic Leadership

Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour by monitoring financial performance which assists the decision-making process to allocate funding for projects listed under the MyCoffs Community Strategic Plan.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The year to date surplus, after capital revenue, is projected to be $66.9 million as at 30 November 2020 with the actual year to date surplus being $68.4 million.

Risk Analysis:

There are no risks associated with this report.

Consultation:

Group Leaders, Business Unit Managers and their relevant staff have been provided with budget reports for each cost centre on a monthly basis for review.  Any variations will be provided to Council for adoption through the Quarterly Budget Review process.

Related Policy, Precedents and / or Statutory Requirements:

Local Government regulations require the Responsible Accounting Officer to submit a quarterly budget review to Council.  There is no obligation to provide monthly financial performance reports but as part of prudent financial management, we have opted to do so.

Implementation Date / Priority:

This report is for noting only and therefore there are no implementation actions.

Conclusion:

This Monthly Financial Performance Report provides information on the actual to budget results at the financial statement level along with capital expenditure reports for the current financial year.

The Responsible Accounting Officer confirms the Monthly Financial Performance Report for the month ended 30 November 2020 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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BS21/04       Deferred 2020/21 City Centre Special Rate

Author:                        Director Business Services

Authoriser:                  Director Business Services

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  BS21/04   IPART Letter 17 December 2020  

 

Executive Summary

Council has previously adopted a revised budget for the expenditure of City Centre Special Rate monies to reflect the priorities recommended by the City Centre Master Plan Committee (CCMPC), particularly in light of the deferral of the 2020/21 Special Business Rate.  This report discusses the issue of recouping the deferred rate revenue following advice received from the Independent Pricing and Regulatory Tribunal (IPART).

 

It is recommended that Council not recoup the previously deferred 2020/21 Special Business Rate revenue, in accordance with the recommendation from the CCMPC and based on the advice received from IPART.

 

Recommendation:

That Council not recoup the previously deferred 2020/21 Special Business Rate revenue.

 

Report

Description of Item:

At its meeting on 26 March 2020, Council resolved in part:

 

That Council:…

 

3.       Resolve immediately the following actions to enhance the Local Business Support Plan (Phase 1):…

3.7     Defer the 2020/21 Special Rate for city centre businesses and associated infrastructure works to the same value;…

 

At subsequent meetings of the CCMPC, discussion has occurred around the long term status of the deferred Special Rate and the priorities which the current committee wishes to pursue on behalf of the ratepayers.

 

At the CCMPC’s meeting on 16 July 2020 two budget scenarios were presented, one assuming that the Special Rate would be recovered in the remaining future years of the current Special Rate program and a second one showing that, if the Special Rate is not recouped, there would still be a small surplus at the end of the current Special Rate program.

 

In addition, the Director Business Services was to approach the Independent Pricing and Regulatory Tribunal (IPART) regarding the recovery of the special rate via a potential additional year.

 

At its meeting on 20 August 2020, the CCMPC agreed to the following:

 

In line with pausing the Shade Sail Project the committee supported the reallocation of funds into next year and the inclusion of the Street Reconfiguration Project design consultancy in the 2020/21 budget.

 

The following recommendation was endorsed by the committee.

 

1.   Recommend to Council to not collect the special rate in following years.

2.   The budget for the SRV be adjusted as follows:

a.   The Projects Park Avenue Artists Lane, Shade Sails Lighting and Audio, and City Centre Signage be removed from current budgets.

b.   Capital Contingency be reduced as required to meet the proposed budget figures.

 

At its meeting on 22 October 2020, in adopting a reallocation of the City Centre Special Rate Capital Expenditure Budget for 2020/21, Council also resolved to await the advice from IPART before determining Council’s position on the City Centre Special Rate for its remaining years.

 

The advice from IPART has now been received and is included as Attachment 1.

Issues:

IPART’s advice is that Council is unable to add an additional year onto the end of the Special Variation Instrument to recoup the Special Business Rate revenue deferred in 202/21.  To achieve this outcome Council would need to apply for a new one-year special variation for 2023/24.  This would require consultation with the affected city centre businesses and, based on advice from the CCMPC, this would not be supported.

 

The available alternative of recouping the deferred Special Business Rate revenue over the remaining two years of the Special Variation Instrument is also not supported by the CCMPC.  This would place additional financial pressure on impacted city centre business during the COVID-19 pandemic recovery period, which may not be sustainable.

 

Due to the COVID-19 pandemic, the NSW Government this year introduced rating changes to allow the recovery of rates not levied in a current year in any one or more of the next 10 years. This provision may be applicable if Council does not index the Special Business Rate revenue in the next two years by the applicable rate pegs that apply from 2020/21 onwards.  Rather than use this complicated approach, the budget for the City Centre Masterplan cost centre has been modelled to apply the necessary rate pegs in the next two years to achieve the required general income level in the last year.  This will prevent any unintended cross-subsidisation between city centre businesses and other ratepayers when the current Special Variation Instrument expires and Council’s general income is reduced in 2023/24.

Options:

Council has the following options to consider in relation to this matter:

 

1.    Adopt the recommendation and not recoup the previously deferred 2020/21 Special Business Rate revenue.

2.    Reject the recommendation and recoup some or all of the 2020/21 Special Business Rate revenue in the remaining two years of the Special Variation Instrument (2021/22 and 2022/23).  This would place additional financial pressure on impacted city centre business during the COVID-19 pandemic recovery period, which may not be sustainable.

Sustainability Assessment:

•     Environment

There are no environmental impacts which arise from this report.

•     Social

Part of the vision of the City Centre Masterplan is to create a place where economic, social and cultural pursuits fuse to enrich and enliven all who live, work and visit the City Centre.  The objective of the CCMPC is to assist Council achieve the vision of the City Centre Master Plan in a manner that is consistent with the conditions set by IPART in its June 2013 determination.

•     Civic Leadership

Council through its MyCoffs Community Strategic Plan has identified the following objective:

 

-    We will have a vibrant and inclusive place.

 

One of the roles of the CCMPC is to advise on the scheduling and resourcing of projects during the development of Council’s Asset Management Plans, Delivery Program and Operational Plans.

•     Economic – Broader Economic Implications

Deferring the 2020/21 Special Business Rate was an early COVID-19 pandemic response initiative by Council.  Not recouping the revenue will provide permanent financial relief for city centre businesses.

•     Economic - Delivery Program/Operational Plan Implications

The CCMPC has recommended and Council has adopted revised proposed expenditure budgets for the remaining two years of the Special Variation Instrument, which provide a nil closing reserve balance at the end of the period.  Therefore, the revised program of activities and works can be funded with the permanent forgoing of the 2020/21 Special Business Rate revenue.

 

Permanently forgoing the 2020/21 Special Business Rate revenue will reduce the remaining revenue available to fund City Centre Masterplan activities and works by $807,768.  The budget for the reminder of the Special Rate period is detailed in the table below.

 

Item

2020/21

2021/22 & 2022/23

Opening Reserve Balance

$942,926

$12,409

 

 

 

Operating Revenue:

 

 

Special Rate

 

$1,681,555

Total Revenue

$0

$1,681,555

Operating Expenditure:

 

 

Marketing & Activation

$141,436

$295,728

Interest Expense

$58,218

$60,111

Sub-Total

$199,654

$355,839

Capital Expenditure:

 

 

Activation Capital

$51,516

 

Shade Sails

 

$247,000

Street Furniture

 

$50,000

Park Avenue Artists Lane

 

 

Moonee St Entry Statement

 

 

Park Avenue Upgrade

$180,000

$220,000

Street Reconfiguration Design

$130,000

 

Capital Contingency

 

$26,107

Sub-Total

$361,516

$543,107

Total Expenditure

$561,170

$898,946

Net Surplus/(Deficit)

($561,170)

$782,609

 

 

 

Internal Loan Repayments

$369,347

$795,018

Closing Reserve Balance

$12,409

$0

 

There is no impact on the adopted 2020/21 Operational Plan and budget as the Special Business rate had been deferred and not levied.

Risk Analysis:

Through the previous adjustment of the expenditure budgets the financial risk of not recouping the 2020/21 Special Business Rate revenue has been adequately mitigated.

 

Recouping the rate revenue during the COVID-19 pandemic recovery period, and against the recommendation of the CCMPC, would present a reputational risk to Council and is not recommended.

Consultation:

Consultation roles of the CCMPC include to:

 

·     act as a communication conduit between Council and the City Centre stakeholders with respect to the Coffs Harbour City Centre Master Plan;

·     advocate the Coffs Harbour City Centre Master Plan to the community; and

·     consult with the Coffs Harbour Chamber of Commerce, Destination Coffs Coast Committee, Council staff, and other relevant bodies, including other Council committees, to maximise the opportunity to achieve the broader City Centre Master Plan vision.

 

Council may wish to consider further broader consultation; however, it should be expected that the CCMPC’s members have consulted sufficiently with city centre stakeholders.

Related Policy, Precedents and / or Statutory Requirements:

·     Coffs Harbour City Centre Master Plan

·     Terms of Reference – City Centre Master Plan Committee

·     2013 Special Variation Instrument

·     Local Government Act 1993, section 511

Implementation Date / Priority:

If Council resolves the recommendation no further action is required in relation to the 2020/21 Special Business Rate revenue.

Conclusion:

This report recommends not to recoup the 2020/21 Special Business Rate revenue, in accordance with the recommendation from the CCMPC and based on the advice received from IPART.

 

 


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BS21/05       Coffs Harbour Airport Enterprise Park Funding Update

Author:                        Director Business Services

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

In November 2017, Council resolved to advance the initial stages of the Airport Enterprise Park (AEP) 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 budgets.

 

At its meeting of 14 November 2019, Council received an update report on preliminary works, cost breakdown and funding for the full AEP development of approximately $25 million.  At that time, to enable the construction of the full project to proceed, Council resolved to adopt a funding model of $10 million Federal Government Grant, $10.5 million internal loan from the Sewer Fund and $4.5 million through an interim internal loan from the Plant and Vehicle Replacement Reserve, noting that the final funding model would be determined following the outcome of Council’s grant application to the State Government.

 

With a final State Government grant outcome now confirmed the final funding for the AEP development is as follows:

 

·    $10 million Federal Government Grant (Regional Growth Fund)

·    $10 million State Government Grant (Restart NSW Fund)

·    $5 million Council Internal Loan (Sewer Fund)

 

 

Recommendation:

That Council notes the final funding for the Airport Enterprise Park development as follows:

·    $10 million Federal Government Grant (Regional Growth Fund)

·    $10 million State Government Grant (Restart NSW Fund)

·    $5 million Council Internal Loan (Sewer Fund)

 

 

Report

Description of Item:

In November 2017, Council resolved to advance the initial stages of the AEP 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 budgets.

 

At its meeting of 14 November 2019, Council received an update report on preliminary works, cost breakdown and funding for the full AEP development of approximately $25 million.  At that time, to enable the construction of the full project to proceed, Council adopted a funding model of $10 million Federal Government Grant, $10.5 million internal loan from the Sewer Fund and $4.5 million through an interim internal loan from the Plant and Vehicle Replacement Reserve, noting that the final funding model would be determined following the outcome of Council’s grant application to the State Government. Specifically, Council resolved:

 

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.   That Council, to enable the execution of the Federal Government Grant Agreement for $10 million for the full development of the Coffs Harbour Airport Enterprise Park Project:

3.1.       Approves the allocation of an additional $4.5 million from the Plant and Vehicle Replacement Reserve through an interest only internal loan for a period of no greater than 12 months.

3.2.       Notes that a further report will be provided to Council on the final funding requirement once the outcome of the State Government Grant application for the project is known.

 

On 18 November 2020 it was announced that Council was successful in its Growing Local Economies grant application for $10 million from the State Government for the AEP Project. Council has subsequently executed a funding deed for the grant funds.  With a final State Government grant outcome now confirmed the final funding for the AEP development is as follows:

 

·    $10 million Federal Government grant (Regional Growth Fund)

·    $10 million State Government (Restart NSW Fund)

·    $5 million Council Internal Loan (Sewer Fund)

Issues:

Council has fully drawn down the $10.5 million internal loan due to initial cashflow requirements.  The internal loan will now be able to be partially paid back with grant funds.  The balance of the internal loan can then be paid out based on Council’s decision with regards to the airport lease proceeds, which is subject to a future report.

 

The interim internal loan from the Plant and Vehicle Replacement Reserve has not been required to be drawn down to date.  Due to the State Government grant there is no longer a requirement for this interim loan.

 

The full business case lodged with the State Government was initially for a grant of $12.1 million, based on a previous expression of interest to the State Government’s Regional Growth Fund’s Growing Local Economies Program.  Council has been successful in achieving a grant outcome of $10 million, which together with the Federal Government’s grant provides 80% grant funding for the AEP development.

Options:

An options analysis is not provided as the report is for noting only.

Sustainability Assessment:

•     Environment

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

•     Social

The AEP development provides a catalyst for further growth of the city and provides additional employment opportunities through the enterprises established at the airport.

•     Civic Leadership

The AEP 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 AEP 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 2020/21 and 2021/22 will be updated to reflect the funding changes in this report.

Risk Analysis:

Land development is subject in particular to financial risk.  As the AEP development process continues, risk assessments will be undertaken.  A project risk register is in place. The increased level of grant funding reduces Council’s financial risk exposure.

 

A probity plan is also in place to guide the ongoing AEP development to 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 together with a dedicated project manager to advance the project.

Related Policy, Precedents and / or Statutory Requirements:

Nil.

Implementation Date / Priority:

The AEP development is continuing with completion expected by April 2022.

Conclusion:

This report provides an update for Council on the funding of the AEP development with the final outcome of Council’s grant application to the State Government providing $10 million of funds for the project.

 


BS21/06       Release of Positive Covenant - 91 Mimiwali Drive, Bonville

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/06   Location Plan of 91 Mimiwali Drive, Bonville and Positive Covenant  

 

Executive Summary

Council has been requested by the local firm, Resource Design and Management Pty Ltd, on behalf of the owners of 91 Mimiwali Drive Street, Bonville, to release a Positive Covenant affecting their land.  The Positive Covenant was imposed on the land as a requirement of a Development Consent for the Sawtell Ridge Estate in an early stage.  However, subsequent stages that have been developed have made the imposition of positive covenant unreasonable and not relevant.  Given the events that have occurred and the current situation it is considered appropriate for Council to release the Positive Covenant.

 

Recommendation:

That Council:

1.    Agree to release the Positive Covenant that affects 91 Mimiwali Drive, Bonville as detailed in the report.

2.    Agree that all costs associated with this matter be the responsibility of the owners of 91 Mimiwali Drive, Bonville or their representative.

3.    Agree to execute all required legal documents to facilitate the release of the Positive Covenant.

 

Report

Description of Item:

Council has been requested by local firm, Resource Design and Management Pty Ltd, on behalf of the owners of 91 Mimiwali Drive Street, Bonville, to release a Positive Covenant affecting their land.

 

91 Mimiwali Drive forms part of The Sawtell Ridge Residential Estate which was developed in six stages over a four (4) year period. Stage 1 of the estate was approved by Council and subsequently registered with the previous NSW Land and Property Information (LPI) in January 2012 as DP1169130. Lot 1 in DP1169130 was a residue lot which would be further developed in latter stages of the estate and contained the future lot being 91 Mimiwali Drive (Lot 100 DP 1183294).

 

All roads servicing the whole of the estate, being Mimiwali Drive and Banyo Place, were fully constructed as part of the Stage 1 subdivision works.  The approved engineering design of Mimiwali Drive included the construction of a timber retaining wall along part of the eastern side of Mimiwali Drive.  To protect the integrity of the retaining wall from any adverse impacts by the lot owners immediately adjacent to the wall a positive covenant was created over the specific area.  The Positive Covenant required the affected lot owners to maintain the wall to the satisfaction of Council.

 

As with any staged development the provision of infrastructure undertaken for the initial or early stages of a development may include infrastructure over land which is intended to be further developed in subsequent stages of the project. In some cases, the infrastructure needs to be covered by easements, restrictions and positive covenants to identify and protect the infrastructure whilst further development occurs.  The area of the Positive Covenant which encompasses the retaining wall was specifically identified and dimensioned as shown in yellow on the attached plan.

 

The intention of both the developer and Council was that only those lots containing the retaining wall would be burdened and responsible for its ongoing maintenance as they are the only lots who could undertake activities which may compromise the integrity of the retaining wall.  They are in fact the only lots with direct and legal access to the area of the Positive Covenant.

 

As shown in the plan attached to this report (Attachment 1) No.91 Mimiwali Drive is remote from the location to which the Positive Covenant impacts upon and which contains the timber retaining wall.

 

It is also noted that No.93 Mimiwali Drive, the neighbouring property has had the positive covenant removed or it was never imposed on their title.  As such it is considered appropriate and consistent with the established situation that Council approve the removal of the Positive Covenant from the title of 91 Mimiwali Drive, Bonville (Lot 100 in DP1183294).

 

Council will retain the benefit of the Positive Covenant on the properties directly impacted which is considered appropriate.

 

Issues:

 

The imposition of the Positive Covenant was originally required to protect a timber retaining wall in an initial stage of the subdivision.  This original requirement as a result of subsequent stages being developed has now been removed.  Its release will not create any issues.

Options:

Council have two options to consider as follows:

 

1.    Agree to the release of the positive covenant as proposed, which is recommended.

2.    Not agree to the release of the positive covenant.

Sustainability Assessment:

•     Environment

There is no removal of vegetation proposed as a result of this legal process.

•     Social

There are no social issues as a result of releasing the Positive Covenant.

•     Civic Leadership

There are no civic leadership reasons for retaining the Positive Covenant.

•     Economic – Broader Economic Implications

There are no implications.

•     Economic - Delivery Program/Operational Plan Implications

All costs associated with releasing the Positive Covenant will be paid by the applicants and owners of the property.

Risk Analysis:

There is considered no risk in processing the release of the Positive Covenant.

Consultation:

Consultation has occurred internally with the relevant Council officers.

 

A submission detailing the history of the matter was received from the owner’s representative Resource Design Management Pty Ltd.

Related Policy, Precedents and / or Statutory Requirements:

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

 

Council is the benefiting party to the Positive Covenant and can authorise its legal release.

Implementation Date / Priority:

The matter will be actioned immediately upon Council’s resolution by executing the appropriate legal documentation.

Conclusion:

The Positive Covenant as it currently applies to 91 Mimiwali Drive, Bonville was required in the early stages of the Sawtell Ridge Estate to protect Council’s interests.  Now that further stages of the Estate have been developed the property is remote to the works and there is no reason for the Covenant to be retained on the property. It is considered appropriate and good practice to remove the Positive Covenant.

 



BS21/07       Draft Plan of Management for Nine Crown Reserves

Author:                        Plans of Management Project Manager

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/07   Draft Plan of Management - 9 Reserves

ATT2  BS21/07   Native Title Manager Advice Draft POM 9 Crown Reserves  

 

Executive Summary

Council has a statutory obligation under both the Crown Land Management Act 2016 (CLM Act) and the Local Government Act 1993 (LG Act) to adopt Plans of Management (PoMs) for all Crown reserves that are classified as ‘community’ land and for which Council has been appointed land manager.  The statutory timeframe for the adoption of PoMs is on or before 30 June 2021; however, indications have been given that this timeframe will be extended.

 

A draft PoM for Nine Crown Reserves (Attachment 1) has been finalised following wide consultations across multiple groups of Council.  It is now ready for consideration by Council and if agreed, a resolution made to refer the document to the Department of Planning, Industry and Environment (DPIE).  It is also a requirement that Native Title Manager advice (Attachment 2) be considered by Council prior to the draft PoM being referred to DPIE.

 

After DPIE have reviewed and approved the draft PoM, it must be publicly exhibited for not less than 28 days and the opportunity for submissions to be made over a period of not less than 42 days.  The draft PoM, including any revisions resulting from public exhibition, will then be presented to Council for formal adoption.

 

Recommendation:

That Council:

1.    Refer the draft Plan of Management for Nine Crown Reserves as listed:

·      Crown Reserve 46273 Drainage Reserve, Market Street, Woolgoolga;

·      Crown Reserve 68342 Former Night Soil Depot, Crossley Road, Woolgoolga;

·     Crown Reserve 80935 Part of Park Avenue Car Park, 7A Park Avenue, Coffs Harbour;

·      Crown Reserve 84092 Former Red Rock Waste Depot, 339 Red Rock Road, Red Rock;

·      Crown Reserve 85429 Drainage Reserves between Schafer & Rudder Streets & Ford Street to Corindi River, Red Rock;

·      Crown Reserve 86561 Reserve for Public Recreation and Access, 530 Orara Way, Coramba;

·      Crown Reserve 91265 Corindi SES & RFS Brigade Station, 31 Coral Street, Corindi Beach;

·      Crown Reserve 91584 Former Bruxner Park RFS, 220 Bruxner Park Road, Korora; and

·      Crown Reserve 97097 Plantation Reserve off Nightingale Street, Woolgoolga

to the Crown Lands Division of Department of Planning, Industry and Enivronment to obtain approval to place the document on public exhibition.

2.    Place the draft Plan of Management for Nine Crown Reserves on public exhibition for a period of at least 42 days once approval is received.

 

Report

Description of Item:

The Coffs Harbour City Council has been appointed under Part 3, Division 3.2, Section 3.3 of the CLM Act to manage dedicated or reserved Crown land as if it were community land under the LG Act.  Hereafter, this land is referred to as the ‘Crown reserves’ or ‘reserves’.  Council has been appointed manager for more than 50 such reserves.

 

The CLM Act requires local councils appointed to manage dedicated or reserved Crown land to manage such land as if it were public land under the LG Act. Section 36 of the LG Act requires a PoM to be adopted by councils for all land classified as community land and outlines the requirements of such a PoM.  In simple terms, the purpose of the PoM is to provide a framework for the ongoing use and management of the land.

 

It should be noted that a PoM can cover more than one reserve.  Although the final number of PoMs is still being worked through, it is likely that Council will need to prepare at least ten PoMs to cover the Crown reserve estate.

 

On 12 November 2020, Council endorsed the draft PoM for the Community Village and Cavanbah Centre Crown reserves and as required by the CLM Act, referred it to the Division of Crown Lands within the Department of Planning, Industry and Environment (DPIE) for its approval, prior to it being publicly exhibited.  To date there has been no response from the DPIE regarding this draft PoM.

 

The subject land for the draft PoM currently before Council is in the form of nine separate Crown reserves as follows:

 

·     Crown Reserve 46273 Drainage Reserve, Market Street, Woolgoolga;

·     Crown Reserve 68342 Former Night Soil Depot, Crossley Road, Woolgoolga;

·     Crown Reserve 80935 Part of Park Avenue Car Park, 7A Park Avenue, Coffs

·     Harbour;

·     Crown Reserve 84092 Former Red Rock Waste Depot, 339 Red Rock Road, Red

·     Rock;

·     Crown Reserve 85429 Drainage Reserves between Schafer & Rudder Streets & Ford Street to Corindi River, Red Rock;

·     Crown Reserve 86561 Reserve for Public Recreation and Access, 530 Orara Way,

·     Coramba;

·     Crown Reserve 91265 Corindi SES & RFS Brigade Station, 31 Coral Street, Corindi Beach;

·     Crown Reserve 91584 Former Bruxner Park RFS, 220 Bruxner Park Road, Korora; and

·     Crown Reserve 97097 Plantation Reserve off Nightingale Street, Woolgoolga.

 

All reserves are categorised as per s.36 of the LG Act as ‘general community use’ although the gazetted purposes of the reserves vary significantly, from sanitary use and drainage, to public recreation.  The draft PoM has been prepared in a manner consistent with the core objectives for land categorised ‘general community use’, with the overall aim being that the reserves will continue to be used as they are currently.

 

The draft PoM authorises a wide variety of uses in order to provide sufficient flexibility for Council to modify the use or management of the reserve, into the future.  It is not intended that this or other PoMs will address the role of the reserve in the strategic planning sphere or day-to-day management issues as these will be addressed through mechanisms such as:

 

·     MyCoffs Community Strategic Plan, Delivery Program or Operational Plans;

·     Coffs Harbour Community and Cultural Facilities Plan 2020 (currently in draft)

·     Any Masterplan that applies to the land; and

·     Public Realm Strategy (currently in draft).

 

The draft PoM has also been prepared using text that is common across all PoMs currently being drafted, as the legislation, policies, strategies etc at Commonwealth, State and Local Government level are relevant to all PoMs. The text is also consistent with DPIE drafting guidelines.

Issues:

The concern over the possible time lag between referring a draft PoM to DPIE and obtaining its approval to publicly exhibit, which was foreshadowed in the report to the 12 November 2020 Council meeting, has proven to be well founded.  Although not ideal from the perspective of the need to re-work multiple documents, Council staff will continue to progress other draft PoMs during any hiatus period where PoMs are with DPIE for approval.

Options:

Council has the following options to consider:

 

1.    Adopt the recommendation and thereby refer the draft Plan of Management for the Nine Crown Reserves to the Crown Lands Division of DPIE to obtain approval to place the document on public exhibition.

2.    Amend the draft Plan of Management for the Nine Crown Reserves and then refer the draft PoM to the Crown Lands Division of DPIE to obtain approval to place the document on public exhibition.

3.    Reject the recommendation.  Adoption of this option would prevent Council meeting its statutory obligations under the CLM Act and LG Act.

Sustainability Assessment:

•     Environment

The draft PoM makes provision for strategies and actions to preserve and enhance those areas of the reserve where native vegetation dominates the landscape, including actions such as weed control and the rehabilitation of sites that are mapped as potentially contaminated land.

•     Social

There are no uses or management actions authorised in the draft PoM that represent any form of reduced community access to those reserves that the community currently use.  For those reserves that are generally not used by the community because they are remote or heavily vegetated, this draft PoM does not propose any action that represents a change in use.  The draft PoM also authorises the granting of leases, licences and other estates so that the public may apply to Council for the grant of such tenures if they wish to use the reserve(s) in a particular manner or timeframe.

•     Civic Leadership

The draft PoM is a key element in the governance of the reserves which in turn will help ensure that the facilities and organisations using those facilities to provide community services, continues into the future.  The draft PoM is an important step towards achieving the MyCoffs Community Strategic Plan theme of ‘Community Wellbeing’ and contributes directly to the following strategies:

 

A2.1 We support our community to lead healthy active lives;

A2.3 We nurture mental health, wellbeing and social connection; and

A2.4 We cultivate a safe community.

•     Economic – Broader Economic Implications

Once adopted, a PoM provides the ongoing legal framework which allows for these reserves to be accessed by the general public.  Given that the 9 reserves that are subject to this PoM are small in size and nothing being proposed represents a chance in use, there are no economic implications.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications as works currently planned to be undertaken this financial year are being sourced from the Building Maintenance Budget.

Risk Analysis:

There is a statutory requirement that on or before 30 June 2021, Council must adopt a PoM for all Crown reserves classified as ‘community land’ and for which Council has been appointed as the land manager.  It is not clear what if any actions the State Government would take if this is not achieved by the due date.  It is therefore prudent to undertake best endeavours to complete and adopt PoMs for as many reserves as possible and to be able to demonstrate to the State Government the scale of these efforts.

 

The risk of any significant community opposition to this draft PoM upon its exhibition is low as the reserves are either not heavily used by the general public and for those that are, there is nothing proposed that will alter the current use and management of the reserve.

Consultation:

The draft PoM has been distributed among relevant Council officers and feedback has been incorporated.

Related Policy, Precedents and / or Statutory Requirements:

The statutory requirement for Council to adopt a PoM for the Crown reserves that it manages has been discussed above.  The most recent PoM and the last to be adopted by Council under the old Act was the Plan of Management for Part Reserve 63076 for Public Recreation and Resting Place (southern section of Woolgoolga Beach Reserve) in 2016.  While there are slightly different requirements for PoMs adopted under the new CLM Act compared with PoMs adopted under the former Crowns Lands Act 1989, much of the content is similar, as are the public consultation requirements as prescribed in the LG Act.

Implementation Date / Priority:

A Council resolution to refer the draft PoM to DPIE is a critical step to it being adopted by Council within the statutory timeframe.

Conclusion:

This draft PoM for the Nine Crown Reserves represents the second of a number of PoMs that Council has a statutory requirement to prepare and adopt on or before 30 June 2021.  This is the second PoM to be presented to the Council under the CLM Act in conjunction with the LG Act and it is expected that to cover the Crown Land Reserves under the management of Council that at least ten different PoMs will need to be adopted by Council.

 

 

 

 


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SC21/01       Bushfire Recovery Action Plan 2020-2022 - December 2020 Quarterly Update

Author:                        Section Leader Community Planning & Engagement

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/01   Bushfire Recovery Action Plan 2020-2022 Quarterly Update  

 

Executive Summary

Between October and December 2019, the Coffs Harbour Local Government Area (LGA) was directly impacted by three bushfires.  In particular, the fast burning Liberation Trail fire posed an extreme risk to many communities within the LGA and the locality of Nana Glen was devastated on November 12.  In total, 17 dwellings were lost, seven homes damaged and a large number of buildings and infrastructure damaged.

The Bushfire Recovery Action Plan 2020-2022 summarises Council’s response to the bushfire event and outlines the recovery process for bushfire affected residents, the Orara Valley community and the broader LGA. 

This Plan has been prepared to provide an overview of the social, economic, environmental and infrastructure recovery activities and programs including the allocation of State Government and Federal Government Disaster Recovery Funding Arrangement (DRFA) funding.

This report provides a quarterly update on the progress of the plan highlighting the status of projects and any changes or amendments that were required.

 

Recommendation:

That Council note the December 2020 quarterly update against the deliverables in the Bushfire Recovery Action Plan 2020-2022.

 

Report

Description of Item:

Bushfires hit the Coffs Harbour Local Government Area (LGA) in November 2019, predominantly in the Orara Valley locality. 

In early 2020, Coffs Harbour City Council received $1.4 million in funding from the State and Federal Governments to support the community during the bushfire recovery process.  The Bushfire Community Resilience and Economic Recovery Funding (BCRERF) was expended as required by 31 December 2020, whilst the expenditure deadline for Disaster Recovery Funding Arrangement is 30 June 2022.  

In late December 2020, Coffs Harbour City Council received an additional $100,000 from Phase Two Stream 1 of the Bushfire Community Recovery and Resilience Fund (BCRRF), joint Commonwealth-State Disaster Recovery Funding Arrangements which must be expended by December 2021.

The Bushfire Recovery Action Plan 2020-2022 provides an overview of the funding allocations, outcomes expected and the status of planned activities and recovery programs.

Issues:

In early 2020, Coffs Harbour City Council received $1.4 million in funding from the State and Federal Governments to support the community during the bushfire recovery process.  An initial program of works for the funding was endorsed at the 13 February 2020 Council meeting.  After further community consultation and engagement activities, the remaining funds were allocated at the 26 March 2020 Council meeting. 

On 10 September 2020, Council adopted the Bushfire Recovery Action Plan 2020-2022.

The Bushfire Recovery Action Plan 2020-2022 outlines the outcomes, activities and status of recovery programs across the following areas:

1.   Community and Social Recovery

2.   Business and Tourism Recovery

3.   Environmental Recovery

4.   Infrastructure Recovery

Updates in the Bushfire Recovery Action Plan include table 4.2 outlining the Project Status Summary.  To date there is a total of 56 bushfire recovery related projects with 25 projects complete; 23 projects on-track to be completed; six projects in planning; and two projects cancelled due to COVID-19.  Tables across the four recovery areas outlining activities and status of projects, highlight December 2020 quarterly updates for the Bushfire Recovery Action Plan.

Most notable updates apply to BCRERF projects which are included under Section 5.3 Community Recovery and Resilience Funding, (pp.16-20) and 6.2 Business and Tourism Recovery Funding (pp.25-26). 

There is a total of 20 projects in Section 5.3 Community Recovery and Resilience Funding, with 12 completed; six on-track to be completed this quarter; one in planning and one cancelled due to COVID-19 restrictions.

All Section 6.2, Business and Tourism Recovery Funding projects (four in total) have been completed and one project, Local Long Lunch, was cancelled due to COVID-19 restrictions and converted to Shop the Orara Valley. 

Tables 9.1 and 9.2, (pp.34-35) are new inclusions which show BCCRRF projects. As per grant guidelines, $75,000 is allocated for a Community Recovery and Resilience position which transitions the current Community Recovery Officer role and $25,000 supports a Community Small Grant Program which is in planning phase.

Options:

As this report is an update for noting, options analysis is not required.

Sustainability Assessment:

•     Environment

The Bushfire Recovery Plan 2020-2022 outlines how Council is assisting the broader environmental recovery of bushfire affected land and waterways.  Community engagement completed by Council in 2019/2020 highlighted environmental needs as deemed important by residents, community and environmental groups.

The Council has established an Environmental Recovery Grant Fund that is administered by three established local environmental organisations to work with residents, community members and grassroots environmental groups to meet the identified environmental need.  As a focus, local contractors have been employed to help stimulate the local economy in COVID-19 times and to ensure local tacit knowledge is shared and preserved.

•     Social

Council recognises that the recovery process is evolving and depending on circumstance, can take months and even years.  Through a community engagement process, Council has prioritised a community-led and collaborative recovery process that supports the community in a timely and appropriate manner.

Council prioritised Recovery and Resilience and Community Preparedness in their planning of community events and activities and even though projects under BCRERF are complete or on-track to be completed, Recovery and Resilience planning remains central to the recovery process.

•     Civic Leadership

The Plan acknowledges the generous and dedicated support from local residents, businesses and organisations in providing much-needed support to the community immediately after the fires.  This support and commitment has evolved as the recovery process has progressed and Council continues to work with these individuals and local organisations to promote recovery more broadly and to build on local resilience and preparedness.

•     Economic – Broader Economic Implications

The Business and Tourism Recovery projects have been designed to assist with economic recovery and encourage visitation to the Coffs Harbour LGA area with a focus of development and promotion of local business in the Orara Valley.

•     Economic - Delivery Program/Operational Plan Implications

The activities and projects outlined in the Bushfire Recovery Action Plan 2020-2022 have been included in the 2020/21 Operational Plan and budgets allocated.  The plan highlights that some events and activities were severely impeded by COVID-19 public health restrictions and have been cancelled and or converted.

Risk Analysis:

Despite the individual and community challenges imposed by government COVID-19 restrictions and regulations, Council has prioritised bushfire recovery through the pandemic. 

The appointment of a Community Recovery Officer has ensured a constant and regular conduit between Council, bushfire affected residents, bushfire recovery agencies and organisations and the broader community.

All community engagement and bushfire recovery activities and events are planned in accordance with government COVID-19 regulations and restrictions.

Consultation:

Community consultation and engagement is integral to successful community-led recovery.  In developing the Council approved Program of Works for recovery projects, Council has engaged in the following engagement activities to inform the funding allocations and the Bushfire Recovery Action Plan 2020-2022:

Community Meetings

Council held two community meetings on the 28 January and 11 March 2020 to engage the community in the allocation of DRFA funding. 

Have Your Say

Council considered 42 responses to a Have Your Say survey on Council’s website.

Telephone and In-Person Interviews

Council conducted telephone and in-person interviews with Nana Glen residents and Orara Valley Businesses.

Orara Valley Bushfire Recovery Working Group

Council consulted with a community-led reference group.

Continued Community Stakeholder Engagement

The Community Recovery Officer has developed and continues to maintain strong contact with bushfire affected residents and key community stakeholders.  Regular community engagement opportunities for community consultation and gathering of information has continued to drive a community-led recovery process.

Consultation activities have further identified community need within the scope of the approved Program of Works and helped shape the community recovery and resilience and preparedness activities within the Community Recovery/Resilience project.

Related Policy, Precedents and / or Statutory Requirements:

Federal and State Government disaster recovery programs

Implementation Date / Priority:

The Bushfire Recovery Program has already commenced and a cross organisation Bushfire Working Group coordinates activity across various programs. 

Conclusion:

It is important that the response and recovery phases of the 2019 bushfire events are recorded, shared and progress monitored.  The Bushfire Recovery Plan 2020-2022 acknowledges the impact the 2019 bushfire events had on communities throughout the Coffs Harbour LGA and provides an evidence based view of needs created by the bushfires and a trajectory for future recovery and preparedness planning. This report provides a status update to Council on the projects included in the Bushfire Recovery Action Plan.

 


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SC21/02       RFT-1324-TO Building Works for the West Woolgoolga Sports Complex

Author:                        Group Leader City Prosperity

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC21/02   CONFIDENTIAL Tender Assessment Contract No. RFT-1324-TO

Confidential in accordance with Section 10A(2)(d)(i),(d)(ii) 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, and information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

Executive Summary

The West Woolgoolga Sports Complex (WWSC) project is the development of a new integrated sport and community facility, located on the north western end of the township of Woolgoolga.

The project is jointly funded by all three levels of government.

Following completion of detailed design in late 2020, Council released a Design and Construct Tender (RFT-1324-TO) for Building Works for the West Woolgoolga Sports Complex.

Tenders have now been received and assessed. All conforming tenders received were above the project budget, and an exhaustive value management process was undertaken to reduce the deficit as much as possible, without compromising the project deliverables as detailed in both the NSW State Government and the Federal Government funding agreements.

This report recommends that Council adopt the recommendation in the attached confidential report.

 

Recommendation:

That Council consider tenders received for the West Woolgoolga Sports Complex Contract RFT-1324-TO and move the motion as detailed in the confidential attachment.

 

Report

Description of Item:

The West Woolgoolga Sports Complex Project is an important community facility, supported by the adopted Coffs Harbour Sport Facility Plan 2016 and Coffs Harbour Indoor Sport Study, and has strong support from the Woolgoolga and Northern Beaches communities. 

Project Vision:

The West Woolgoolga Sports Complex will be an inclusive, vibrant and healthy community space for locals and visitors to gather, play, compete, practice, learn, perform and celebrate.

Project Objectives:

1.   To increase the health and wellbeing for residents of all ages through increased participation levels in sport and active recreation as well as social connection.

2.   To deliver a safe and inclusive community and sporting precinct, with multipurpose indoor and outdoor spaces for a variety of uses for both locals and visitors.

3.   To celebrate and recognise the traditional owners of the land, the natural environment and the community, through contemporary design elements.

4.   To create an environmentally sustainable development with integrated transport and movement connections, enhancing the Woolgoolga North West local planning investigation area, to meet the growing needs of Woolgoolga and the Northern Beaches.

The project includes:

-     West Woolgoolga playing fields: playing fields to cater to AFL, Cricket (including cricket nets and a synthetic wicket) as well as tournament overlay for multi-use fields, lighting, drainage, irrigation and an amenity block.

-     The Northern Beaches Multi-Purpose Centre: two indoor courts, stage, change rooms, multi-purpose rooms, kitchen and kiosk.

-     Associated civil works including roadways, paths, carparks, and various civil services (currently a greenfield site). 

Tenders were advertised through the Tenderlink system, and were sought on the open market to provide a lump sum price. Tenders closed on December 14, 2020, 10am with a 90-day validity period.

Tenders were evaluated on the following criteria:

-     Tender price and value for money

-     Relevant experience and references

-     Construction method and construction program

-     Quality and health & safety management systems

Five tenders were received from the following companies (listed alphabetically):

-     ADCO Constructions Pty Ltd, ABN 15 094 531 272

-     Hammond Earthmoving, ABN 19 730 781 473

-     Lahey Constructions Pty Ltd, ABN 36 002 314 810

-     Lipman Pty Ltd, ABN 84 001 548 830

-     North Construction & Building Pty Ltd, ABN 15 147 507 702

The response from Hammond Earthmoving was deemed non-compliant by the Tender Evaluation team and was not considered further, with 4 conforming tenders assessed.

Issues:

The 4 conforming tenders evaluated were all above the total project budget. The evaluation panel have undertaken extensive value management, qualifications and departures with all tenderers to ensure Council is receiving the best price and value for money.

To progress this project to completion, additional budget allocation is required. This is detailed in the confidential attachment to this report.

Options:

1.   Adopt the recommendations in the confidential attachment.

2.   Amend the recommendations in the confidential attachment. This may put the project and external funding at significant risk.

3.   Not accept the tender and call new tenders. This is not seen to provide an advantageous result for Council as the limited and specialist market has already been tested. This would put the project and external funding at significant risk.

Sustainability Assessment:

•     Environment

There are no specific environmental issues associated with the tender.  The proposed works have been subjected to an appropriate level of assessment under the Environmental Planning and Assessment Act 1979.

•     Social

There are no social implications associated with this report.  The development approval and related consents consider relevant social considerations.

•     Civic Leadership

The project helps Council to realise a key strategic outcome of the My Coffs Community Strategic Plan: B.1 A thriving and sustainable local economy.

•     Economic – Broader Economic Implications

Upgrading existing sporting infrastructure and expanding the network of sporting facilities will enhance the liveability of Coffs Harbour and its attractiveness as a destination for new residents and encourage retention of existing residents.  The project also includes multi purpose areas for community performance and events.

Providing a range of community facilities at different levels delivers opportunities for the community, and can be a key determinant for people choosing where to live, particularly young families. Attracting a younger demographic is anticipated to bring economic benefits to Coffs Harbour and the region.

•     Economic - Delivery Program/Operational Plan Implications

Council previously resolved to progress and fund both the development application and detailed design (both now complete).

In terms of construction, the estimated budget was subject to detailed design being finalised, with the initial project budget estimate of $23,144,000, with funding secured to date as follows:

Council contribution

             $   5,144,000

NSW Government Election commitment

             $   8,000,000

Australian Government BBRF4

             $ 10,000,000

Sub Total

             $ 23,144,000

With detailed design now complete, and tenders assessed, further funding is required as outlined in the confidential attachment.

These figures do not include ongoing operational costs, which will be presented in the 2021/22 Delivery Program/Operational Plan and are currently being finalised for the Long Term Financial Plan.

Risk Analysis:

Given the significant construction program for this greenfield site, the project needs to commence early March 2021 to meet the milestones and deliver the project within the agreed timeframes.

Consultation:

The Woolgoolga and Northern Beaches community have been actively campaigning for this project for many years, led by the community working group.

Council has undertaken considerable stakeholder consultation with national and state sporting organisations around the development of these facilities, as well as with local sports and stakeholders during the preparation of the Coffs Harbour Sports Facility Plan 2016 and Coffs Harbour Indoor Study, including Northern Beaches Multi-Purpose Centre concept and feasibility report.

Related Policy, Precedents and / or Statutory Requirements:

The project is supported by Council’s Delivery Program and Operational Plan, Sports Facility Plan 2016, Coffs Harbour Indoor Sport Study, Open Space Developer Contributions Policy, and Community Facilities Plan.

Implementation Date / Priority:

The current State and Federal funding agreements require the project to be complete by December 2022. Appointment of the successful tenderer must be made as soon as possible to ensure the validity of the tenders, and the program can continue to meet funding milestones.

Conclusion:

A thorough tender evaluation program including significant value management has been undertaken with Councils appointed tender evaluation team for Contract RFT-1324-TO. It is proposed that additional budget allocation is committed and the tender is awarded (as detailed in confidential attachment) in order to proceed and complete the West Woolgoolga Sports Complex Project.

 


SC21/03       Naming - Wiigulga Sports Complex

Author:                         Group Leader City Prosperity

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC21/03   Letters of Support  

 

Executive Summary

The West Woolgoolga Sports Complex will be an inclusive, vibrant and healthy community space for locals and visitors to gather, play, compete, practice, learn, perform and celebrate.

Various stakeholders, including Council’s Yandaarra Aboriginal Advisory Committee and the Local Aboriginal Land Council, have proposed for the naming of the site (currently referred to as the West Woolgoolga Sports Complex) to be named Wiigulga Sports Complex to recognise its significance to the Gumbaynggirr and Garby community.

Consultation relating to the naming was undertaken with the Yandaarra Aboriginal Advisory Committee, the Coffs Harbour District Local Aboriginal Land Council, the Garlambirla Guuyu Girrwaa Elders Corporation and Aboriginal community members who have a connection to the historical site. All stakeholders consulted have recommended and endorsed the naming proposal.

 

Recommendation:

That Council:

1.       Adopt the proposal to name the future development site currently referred to as West Woolgoolga Sports Complex as ‘Wiigulga Sports Complex’, 2033 Solitary Islands Way, Woolgoolga.

2.       Submit an application to the Geographical Names Board of New South Wales to have the site named as ‘Wiigulga Sports Complex’.

3.       Write to the project funding partners including Federal and State Government to advise of the name change.

 

Report

Description of Item:

Construction is soon to commence on the new development located at 2033 Solitary Islands Way Woolgoolga, currently referred to as the West Woolgoolga Sports Complex (WWSC).  The site includes playing fields and a multi purpose centre and is expected to be open in late 2022.  Consideration of naming the whole site is considered timely prior to construction commencement to ensure the new name can be used throughout this period.

Council adopted the Reserve Naming and Memorial Policy on 23 July 2015. The Policy identifies Council’s commitment to recognising our Aboriginal cultural heritage by registering original place names given by Aboriginal people and/or dual naming so that they sit side by side with existing European names. The Policy supports the Indigenous naming of Reserves in accord with the criteria detailed in the Policy under clause 2.1.16:

2.1.16 - Indigenous and/or dual naming will be acceptable where there is strong evidence supported by written or oral tradition, of a pre-existing indigenous place name. The use of Indigenous names will be governed by the Geographical Names Board of NSW “Dual Naming – supporting cultural recognition” factsheet. “All indigenous/dual naming proposals will require the support of the local aboriginal land council and relevant elder group. Proposed names will be vetted by the local Aboriginal language centre to ensure accuracy and contextual relevance. Indigenous name, or dual naming with an Indigenous name, will be determined by resolution of Council.

The evidence of written or oral tradition regarding the name has been established during consultation that was undertaken with various stakeholders including Council’s Yandaarra Aboriginal Advisory Committee, the Coffs Harbour District Local Aboriginal Land Council, the Garlambirla Guuyu Girrwaa Elders Corporation and Aboriginal community members whom have a connection to the West Woolgoolga Sports Complex site, historically an important teaching trail for the community.

The name proposed is ‘Wiigulga Sports Complex’ which is a Gumbaynggirr language translation of the original name for Woolgoolga, and also refers to the black apple tree located onsite and in the area.

If the naming proposal is endorsed by Council, a name request shall be made to the Geographical Names Board of NSW to seek approval for the Council endorsed naming to also be recognised geographically.

Issues:

All stakeholders consulted have recommended and endorsed the naming proposal and the name. This included the support of the Coffs Harbour District Local Aboriginal Land Council, and the Muurrbay Aboriginal Language and Co-operative Centre who vetted the name for accuracy and relevance.

On the opposite (eastern) side of Solitary Islands Way, Woolgoolga, there is a Council sports ground called the ‘Woolgoolga Sports Ground’.  With this in mind, the European spelling ‘Woolgoolga’ has not been included in the new name, both to ensure the aboriginal name is always used, and to avoid confusion.  When required, the full address of the place will be used, ie Wiigulga Sports Complex, 2033 Solitary Islands Way, Woolgoolga.

Confirming the name of the site at the start of the construction phase of the project will ensure the new name is proudly displayed throughout construction and on all permanent signage into the future.

Options:

1.    Adopt the recommendation provided to Council.

2.    Modify the recommendation. Any departure from the proposed naming would require new stakeholder consultation.

3.    Reject the recommendation.

Sustainability Assessment:

•     Environment

There are no perceived environmental impacts.

•     Social

The Indigenous naming of Reserves preserves Aboriginal cultural heritage, builds local cultural identity, and fosters inclusion and recognition for the Aboriginal community.

•     Civic Leadership

The proposal has been assessed in accordance with Council’s Reserve Naming and Memorial Policy to ensure transparency and accountability.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Plan implications associated with adopting the recommendation.  Signage will be installed as part of the construction of the project.

Risk Analysis:

The Reserve Naming and Memorial Policy was developed to enable Council to adopt a preventative risk management approach for managing requests for changes to Reserve names and the placing of memorial style markers and plaques in Reserves. The proposal is considered to be consistent with the Policy.

Consultation:

Consultation has been undertaken with Council’s Yandaarra Aboriginal Advisory Committee on 29 July, 30 September, and 25 November 2020, the Coffs Harbour District Local Aboriginal Land Council on 3 July 2020, Garlambirla Guuyu Girrwaa Elders Corporation on 31 July, 30 October, and 27 November 2020, Muurrbay Aboriginal Culture Language Co-op and local Aboriginal community which consisted of Gumbaynggirr and Garby elders.

The Coffs Harbour District Local Aboriginal Land Council, and the Garlambirla Guuyu Girrwaa Elders Corporation, and Garby elders have provided letters of support (attached).

Related Policy, Precedents and / or Statutory Requirements:

The proposal is considered to be consistent with the intent of Reserve Naming and Memorial Policy, and the Geographical Names Act 1966.

Implementation Date / Priority:

The recommendation can be implemented immediately, including on all construction and promotional signage erected on site once construction commences in March 2021.  Notification to the Geographical Names Board, and funding partners, will also be submitted immediately.

Conclusion:

Adopting the proposed name of “Wiigulga Sports Complex” has been recommended and endorsed by Council’s Yandaarra Aboriginal Advisory Committee and the Local Aboriginal Land Council due to the significance of the site to the Gumbaynggirr and Garby community as an historical teaching trail. The naming would create an important Aboriginal cultural identity legacy and it is recommended that Council adopt the proposal.

 

 


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SC21/04       Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands - Response Letter from NSW Government

Author:                        Section Leader Local Planning

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  SC21/04   Letter from NSW Government in Response to Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands  

 

Executive Summary

At its Ordinary Meeting of 26 November 2020, Council reviewed a conditional approval from the NSW Government dated 27 October 2020 for the Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands (referred to for the remainder of this report as ‘Chapter 8 Employment Lands’). Chapter 8 Employment Lands was updated in accordance with the conditional approval and presented to Council at that meeting; and is now in effect.

The conditional approval advised that the North Boambee Valley West Investigation Area and the South Bonville Investigation Area were not approved for inclusion within Chapter 8. At that meeting, Council resolved to send a request to the NSW Government seeking a detailed justification for the two areas being eliminated from Chapter 8 Employment Lands. The detailed justification was received on 9 December 2020 (Attachment 1).

 

Recommendation:

That Council:

1.    Note the response received from the NSW Government in relation to the Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands (Attachment 1).

2.    Notify those who made a submission to the draft Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands of the response from the NSW Government.

 

Report

Description of Item:

Council at its Ordinary Meeting of 26 November 2020 reviewed a conditional approval from the NSW Government for the Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands and resolved:

That Council send a request to DPIE seeking a detailed justification of North Boambee Valley West Investigation Area and Bonville Investigation Area being eliminated from the Employment Lands.

Correspondence was sent to NSW Department of Planning, Industry and Environment (DPIE) on 4 December 2020 and a response was received by Council dated 9 December 2020 (Attachment 1).

Issues:

North Boambee Valley West Investigation Area

The justification received from NSW DPIE identified that the North Boambee Valley West Investigation Area was not approved for inclusion in Chapter 8 Employment Lands because of a number of environmental constraints within the investigation area, including biodiversity (parts of the land included in the NSW Biodiversity Values Map and SEPP (Coastal Management) 2018; Koala and Giant Barred frog records; primary Koala habitat; and Grey Headed flying fox foraging habitat); flood constraints; acid sulfate soils and riparian lands. The justification also notes that any proposed detention basin in the area would not completely mitigate the impacts of flooding within the investigation area and that significant works and engineering solutions would be required to alleviate the flood hazards if the land was developed for large floorplate industrial development.

South Bonville West Investigation Area

The justification received from NSW DPIE identified that the South Bonville West Investigation Area was not approved for inclusion in both Chapter 4 Compact City Program and Chapter 8 Employment Lands because it is not contained within the North Coast Regional Plan 2036 urban growth boundaries; and also because it is identified as post-2040 and consequently beyond the scope of Council’s 20-year strategy.

Options:

Council has a number of options available in relation to this matter. They include:

1.       Resolve to adopt the recommendations of this report.

2.       Reject the recommendations provided in this report and resolve to undertake further studies to provide evidence for the inclusion of the North Boambee Valley West Investigation Area.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

In considering the suitability of employment land within Chapter 8 Employment Lands, a number of environmental attributes were taken into consideration, such as flood hazard, important agricultural land and biodiversity.

•     Social

Chapter 8 Employment Lands seeks to address social impacts associated with delivering employment land by aligning employment centres and business precincts with residential growth, reflecting Council’s long term strategic vision in the MyCoffs Community Strategic Plan “to undertake development that is environmentally, socially and economically responsible”.

•     Civic Leadership

Chapter 8 Employment Lands demonstrates civic leadership by addressing several objectives in the MyCoffs Community Strategic Plan: B1.1 (We champion business, events, innovation and technology to stimulate economic growth, investment and local jobs); B1.2 (We attract people to work, live and visit); and C1.2 (We undertake development that is environmentally, socially and economically responsible).

•     Economic – Broader Economic Implications

Chapter 8 Employment Lands includes a number of actions that seek to facilitate and act on priorities set by the North Coast Regional Plan 2036. These actions relate to managing and supporting economic growth in the Coffs Harbour Local Government Area (LGA).

•     Economic - Delivery Program/Operational Plan Implications

No funds are available within Council’s adopted Delivery Program and Operational Plan to undertake further environmental studies to provide evidence required by NSW DPIE for the North Boambee Valley West Investigation Area to be included in Chapter 8 Employment Lands.

Risk Analysis:

Chapter 8 – Employment Lands was placed on public exhibition for an extended period, prior to its finalisation. Issues raised by submissions made during the exhibition period have been taken into consideration in finalising the chapter, thereby reducing Council’s risk.

Consultation:

Extensive community consultation was undertaken on all chapters of the Coffs Harbour Local Growth Management Strategy. The consultation inputs have been as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Community engagement of Coffs Harbour Local Growth Management Strategy – various chapters

x

x

x

 

Consultation with key stakeholders

x

x

x

 

Formal exhibition of various chapters

x

x

Finalisation and post adoption notification

x

x

 

 

Placescore

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool to understand community priorities and values. Actions included within Chapter 8 Employment Lands seek to facilitate improved connectivity between business precincts and public realm improvements, to support local businesses within the Coffs Harbour LGA.

Related Policy, Precedents and / or Statutory Requirements:

The objectives of Chapter 8 Employment Lands assist in the delivery of the vision, aims and objectives of the North Coast Regional Plan 2036 and Council’s MyCoffs Community Strategic Plan. All chapters within the Local Growth Management Strategy require approval by NSW DPIE and will inform the preparation of future amendments to Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

All nine chapters of the Coffs Harbour Local Growth Management Strategy 2020 have now been either conditionally or unconditionally approved by NSW DPIE. All approved matters are now in effect.

Conclusion:

The purpose of this report is to provide Council with the NSW Government’s detailed justification in relation to the elimination of both the North Boambee Valley West and the South Bonville Investigation Areas from Chapter 8 Employment Lands (Attachment 1).

 


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SC21/05       Investigation into Fencing and Signage for Koala Protection

Author:                        Team Leader Biodiversity, Coastal & Flooding

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/05   Proposed (draft) Koala Exclusion Fencing for Hogbin Drive  

 

Executive Summary

The local koala population is at threat from disease, bush fires, road death, dog attack and clearing and fragmentation of koala habitat. While broader actions to improve koala populations will be the focus of a review of the current Coffs Harbour Koala Plan of Management 1999, work to date has highlighted that Hogbin Drive continues to be a major blackspot for koalas.

Council, in collaboration with the NSW Department of Planning, Industry and Environment -Biodiversity and Conservation Division, has analysed the feasibility of various options to reduce the instances of vehicle strike along Hogbin Drive.  The installation of koala exclusion fencing was found to be the only viable long term solution. Discussions have commenced with the NSW Government regarding options to fund the work as proposed along Hogbin Drive (Attachment 1); however, if funding is received, work will likely need to commence in the 2020/2021 financial year.

 

Recommendation:

That Council endorse the commencement of a project in the 2020/2021 financial year to install koala exclusion fencing along priority sections of Hogbin Drive, should external funding become available.

 

Report

Description of Item:

At the Ordinary Meeting of 10 September 2020, Council considered the matter of fencing options and signage for Koala Protection. At that meeting, it was resolved that:

Council prepare a report outline options and costings for improving Koala populations in urban areas. The report includes discussion of fencing and/or relocation options and costings for Hogbin Drive.

A recent Parliamentary Inquiry into koala populations has confirmed that wild koalas in NSW are on an extinction trajectory unless significant action is taken. The Coffs Harbour Koala Plan of Management 1999 recognises that the local koala population is vulnerable from disease, bush fires, road death and dog attack. In line with Council’s current adopted Delivery Program and Operational Plan, Council has commenced a review and update of the Coffs Harbour Koala Plan of Management. Work to date has found that these threats persist along with the clearing and fragmentation of koala habitat. Regardless, analysis of historical koala records undertaken as part of the review indicates that koalas persist across many of the forested areas in the LGA. In particular, widespread populations occur in the western and south-eastern areas. Based on historical records and recent survey work, there is recorded evidence in these areas of the persistence of koalas for between three to six koala generations, equivalent to a period of 18–36 years.

The review of the Coffs Harbour Koala Plan of Management 1999 has been delayed due to the uncertainty created by the relevant State Environmental Planning Policy being amended three times in 2020. Regardless, a revised plan is now being drafted in accordance with State Environmental Planning Policy (Koala Habitat Protection) 2020. While broader actions to improve koala populations will be the focus of the plan, work to date has highlighted that Hogbin Drive continues to be a major blackspot for koalas.  This is demonstrated by data from Wildlife Information Rescue and Education Service (WIRES) that recorded 21 incidents, comprising of 13 fatalities and eight sightings, along Hogbin Drive area from 2006 to September 2020. This data, while unlikely to be a complete data set, highlights the severity of the issue. As such, work has commenced to address the issue ahead of the revised plan.

Council, in collaboration with the NSW Department of Planning, Industry and Environment -Biodiversity and Conservation Division, has analysed the feasibility of various options to reduce the instances of vehicle strike along the road. Installing koala exclusion fencing along Hogbin Drive was found to be the only viable long term solution to reduce koala road strike along this road. The road is already signposted with koala signs however this is rarely effective over the long term as users become ‘sign blind’ on roads used on a frequent basis. Additional signage, including on road surface marking and flashing warning signs, and speed reduction were also investigated but were found to not be suitable due to the high volume of traffic and the road hierarchy. Lighting and under or overpasses were also investigated but were deemed to not be a viable option as animals do not cross the road at defined points but rather over a wide area due to the extent of the habitat.

Audio deterrents, roadside reflectors and emerging technology such as virtual fences were also investigated but current evidence and research has not shown them to be effective. Translocation is a controversial topic but not deemed viable or necessary in this case due to the large amount of interconnecting habitat. Council does undertake education asking motorists to slow down coming into breeding season, however this has limited effectiveness due to the volume of traffic on Hogbin Drive.

Work has commenced to scope the costs and alignment of fencing along the priority sections of Hogbin Drive, with indicative locations and staging shown in Attachment 1. Attachment 1 also shows how the animals will be funnelled to the existing underpasses over Boambee and Newports Creeks. Indicative costs for the project put the works in the range of $450,000 to $800,000 with funding in the order of $480,000 already being discussed with funding bodies. The amount of fencing achieved with this funding, if received, will be dependent on survey and design refinements and the cost of obtaining the required approvals.  Any works not funded by the initial investment will be the subject of future applications to funding bodies. 

Issues:

Vehicle strike has been found to be a threat to the local koala population. Retrofitting existing roads with structures such as fencing to mitigate this threat can be expensive. Council is seeking external funding for the project however the exact distance of fencing achieved will not be known until the detailed survey and design phases are completed. Even after the fencing is installed, it is likely that there will always be some vehicle strike of koalas along Hogbin Drive as the fence will not be continuous. Regardless, the mortality rate should be much reduced and education programs, particularly during breeding season, will be continued.

Options:

Council has a number of options available in relation to this matter. They include:

1.   Resolve to adopt the recommendations of this report.

2.   Reject the recommendations provided in this report and resolve to undertake no further action.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The koala is listed as a vulnerable species under the Biodiversity Conservation Act 2016 (BC Act) and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act); where listed as the combined populations of Queensland, New South Wales and the Australian Capital Territory.  Installing fencing along priority sections of Hogbin Drive will assist to meet the objectives of these Acts and the local survival of the species.

•     Social

Koalas are a much loved iconic Australian species and on a local level are highly valued by the community. Installing fencing along priority sections of Hogbin Drive will assist to ensure the population is enjoyed by future generations.

•     Civic Leadership

Council has a responsibility to manage threatened species on public land to the best of its ability. Installing fencing along priority sections of Hogbin Drive will assist to meet this responsibility.

•     Economic – Broader Economic Implications

While works will only go ahead with substantial external investment, Council will be required to maintain the asset into the future.

•     Economic - Delivery Program/Operational Plan Implications

Works are dependent on funding and obtaining the required approvals. Initial works will involve survey and design including identifying the best alignment. Works will need to be prioritised against the existing operational program.

Risk Analysis:

Works are dependent on funding and obtaining the required approvals. While positive discussions are being held with the NSW Government regarding funding, work is likely to commence in the 2021 financial year to secure the funds.

Consultation:

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

Notify the community of the works via media avenues.

X

 

 

 

Continue to increase awareness of the local koala population and how the community can assist to avoid vehicle strike.

X

 

 

 

Placescore

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool. The 2019 Place Score report was presented to Council on 11 April 2019. Protecting the koala population assists in facilitating measures for public realm outcomes in accordance with community aspirations.

Related Policy, Precedents and / or Statutory Requirements:

Any works will be the subject to approvals under the relevant legislation including the Environmental Planning and Assessment Act 1979 and the Biodiversity Conservation Act 2016.

Implementation Date / Priority:

If funding is obtained from the NSW Government, works will likely need to commence in the 2021 financial year to secure the funds.  Initial works will involve survey and design including identifying the best alignment. Works will need to be prioritised against the existing operational program.

Conclusion:

This report has been written in response to Council’s resolution of 10 September 2020 and has outlined options and costings for the installation of koala exclusion fencing along Hogbin Drive, along with discussion regarding other solutions. Discussions are being held with the NSW Government regarding potential funding options.

 


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SI21/01         Water Security Negotiations

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI21/01    CONFIDENTIAL Water Security Negotiations

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 Regional Water Supply Scheme (RWSS) and Council’s raw water supply is significantly dependent upon the Nymboida River water source via the Shannon Creek Dam.

The key mechanisms of extraction from the Nymboida water source are comprised of three primary assets:

·    The Water Abstraction Licence (WAL) which provides for the annual extraction of up to 23,000 megalitres per annum for the purpose of a Town Water Supply;

·    The Nymboida Weir, which acts as a low level dam within the river to create the water extraction point;

·    Tunnel Number 1 which transports water extracted at the weir to a connection point with the Regional Water Supply reticulation system for distribution to both CVC and CHCC local government areas.

All three primary assets described above currently remain within the historical ownership and control of Essential Energy.

As expanded upon in Councillor Briefing Note “Regional Water Supply System – Water Access Security” dated 17 September 2020, the Regional Water Supply System partners (Clarence Valley Council and Coffs Harbour City Council) have raised the potential of a transfer of ownership of these assets from Essential Energy to the Regional Water Supply System.

 

Recommendation:

That Council adopts the recommendation in the confidential attachment.

 

Report

Description of Item:

This report updates Council on the progress made in recent discussions with Essential Energy regarding the potential transfer of the Essential Energy Nymboida assets into the direct control of the Regional Water Supply Scheme.

Issues:

Refer to Confidential Attachment.

Options:

Council’s key options are:

1.       Adopt the recommendations.

2.       Amend the recommendations.

3.       Decline the recommendations.

Sustainability Assessment:

•     Environment

There are no environmental aspects which arise from the substance of this report.

•     Social

There are no social impacts which will arise from the negotiation process.

•     Civic Leadership

The potential mitigation of the existing strategic risk to future water security is an appropriate execution of civic leadership.

•     Economic – Broader Economic Implications

There are no broader economic implications at this stage.

•     Economic - Delivery Program/Operational Plan Implications

Refer to Confidential Attachment.

Risk Analysis:

Refer to Confidential Attachment.

Consultation:

Refer to Confidential Attachment.

Related Policy, Precedents and / or Statutory Requirements:

Refer to Confidential Attachment.

Implementation Date / Priority:

Immediate.

Conclusion:

This report recommends that Council adopt the recommendation as presented in the confidential attachment.

 


QON21/01    Airport Lease Value

Author:                        Director Business Services

Authoriser:                  Director Business Services

Attachments:              Nil

 

The following question on notice was received from Councillor Amos.

Question

“The recent awarding of the long term lease over the Coffs Harbour Regional Airport was supported publicly by a forward cumulative “forecast“ based on projections provided by the bidder over 99 years.

 

Due to significant variations in the continuity of when income is expected to be received, what is the actual net present value of the income stream, as presented to counsellors and applying the diligence of consultants KPMG for the Coffs Harbour councillor’s ultimate consideration?

 

That is, what is value to the community expressed in today’s dollars, of the proposed 99-year lease term?”

Response

The net present value of the negotiated 50 year airport lease and 49 year option is calculated to provide a benchmark to compare to valuations and to other offers received as part of the evaluation process. The net present value is between $127.5 million and $132.3 million and is significantly higher than two independent valuations, the net asset value recorded in the Coffs Harbour Airport’s balance sheet, and also higher than the binding bids received in October 2019 before the COVID-19 pandemic.

 

The airport lease has not been structured for Council to receive a single upfront lease premium (such as the net present value) but as a combination of an upfront payment, deferred payments and a share of revenue each year.  The cumulative value of these payments are estimated to be in the order of $500 million, in nominal dollar terms, over the lease and option periods.