Coffs Harbour City Council

14 July 2021

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 22 July 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

 

 

Notices of Motion Business Services

NOM21/15      Public Half Basketball Court in Sawtell................................................. 3

Directorate Reports - Business Services

BS21/40          Sale of Council Property at 2 Castle Street, Coffs Harbour....... 4

BS21/41          Loan Borrowing - Cultural and Civic Space.......................................... 14

BS21/42          Bank and Investment Balances for June 2021........................................ 18

BS21/43          Business Incentive Policy Administration - History of Impacted Applicants............................................................................................................. 39

BS21/44          State Government Jetty Foreshores Public Domain Works......... 44

BS21/45          Lease of Community Land to Woolgoolga Regional Community Gardens Association........................................................................................ 52

Directorate Reports - Sustainable Communities

SC21/40          2021/22 Arts and Cultural Development Grants Program.............. 99

SC21/41          2021/22 Donations by Council Program................................................... 107

SC21/42          Coffs Harbour Heritage Strategy 2021-2024 – Post Exhibition... 113

SC21/43          Affordable / Social Housing Policy - Project Scope...................... 128

Notices of Motion Sustainable Infrastructure

NOM21/16      Woolgoolga Whale Trail.............................................................................. 134

NOM21/17      Summary of Actions Relating to Waste Management in the Coffs Harbour LGA....................................................................................................... 136

NOM21/18      Compensation from the NSW State Government re the Failed Mixed Waste Scheme.................................................................................................... 138

Directorate Reports - Sustainable Infrastructure

SI21/14           Traffic Committee Meeting 15 June 2021................................................. 139

SI21/15           Regional Water Supply Essential Energy Agreement................... 170

SI21/16           Contract No. RFT-1399-TI Waste Transport and Disposal of Mixed Waste Organic Output................................................................................... 173

Questions on Notice

QON21/06      Contingency Allowance - Cultural and Civic Space Project..... 177


NOM21/15   Public Half Basketball Court in Sawtell

Attachments:          Nil

 

Motion:

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

"That a report be bought back to Council on the feasibility of providing a public half basketball court in or near the Sawtell Caravan Park adjacent to the existing playground."

 

 

Rationale:

“There have been numerous requests from the youth of Sawtell to have an area to shoot hoops and provide a meeting place where none exists in Sawtell.”

Staff Comment:

A report can be provided.

 


BS21/40       Sale of Council Property at 2 Castle Street, Coffs Harbour

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1     BS21/40  CONFIDENTIAL Summary of Recent Offers and Recommendation

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

ATTA    BS21/40  BS21/38 Sale of Council Property at 2 Castle Street, Coffs Harbour

ATTA1  BS21/40  BS21/38 Location Plan

ATTA2  BS21/40  CONFIDENTIAL BS21/38 Valuation Report  

ATTA3  BS21/40  CONFIDENTIAL BS21/38 Purchasing Party  

ATTB    BS21/40  BS21/39 Addendum to Sale of Council Property at 2 Castle Street, Coffs Harbour

ATTB1  BS21/40  CONFIDENTIAL BS21/39 Addendum Report Attachment   

 

Executive Summary

Council resolved after previous resolutions on this matter at its meeting of 25 February 2021 to enter into negotiations with prospective purchasers for the sale of 2 Castle Street Coffs Harbour with a view to achieving a reasonable offer in line with market value.

 

The property at 2 Castle Street, Coffs Harbour, comprises a two level commercial office building with basement security car parking.  The proposed sale forms part of the funding model for the Cultural and Civic Space Project in Gordon Street, Coffs Harbour.

 

Council was provided a report on this sale matter (BS21/38 – Attachment A) and a subsequent addendum report (BS21/39) at its last meeting. Council resolved to defer these items to this current Ordinary meeting. These reports presented two offers recently received through Council’s real estate agent, Burgess Rawson.

 

Subsequently, a revised offer has now been received, noting that all recent offers are above valuation. Given the quantum of the most recent offers and to achieve the highest sale value for Council, it is recommended that Council authorise the General Manager to negotiate the sale of the property in accordance with the recommendation in Confidential Attachment ATT1 BS21/40 CONFIDENTIAL Summary of Recent Offers and Recommendation.

 

Coffs Harbour City Council as part of the sale will continue to occupy the whole of the property. This arrangement will be formalised upon settlement of the sale by Council entering into a 3-year lease with 3 x 1 year options for continuing tenure from the date of transfer initially at a rental of $850,000 per annum on a net lease basis.

 

Recommendation:

That Council:

1.       Adopts the recommendation in Confidential Attachment ATT1 BS21/40 CONFIDENTIAL Summary of Recent Offers and Recommendation.

2.       Notes that the matter will remain confidential until all necessary documents necessary to facilitate the sale and transfer of the property are executed by both parties.

 

Report

Description of Item:

Council resolved on 25 February 2021, in part, to proceed with the sale of 2 Castle Street, Coffs Harbour as follows:

 

5.       Authorise the General Manager to engage in negotiations with prospective buyers via the commercial real estate agent engaged by Council under the current agency agreement with a view to achieving a reasonable offer in line with market value for the following properties with or without Council lease back options:

5.1     Administration Building, 2 Castle St, Coffs Harbour (Lot 2 DP 566885, Lot 1 DP 566855, Lot 8 Sec 6 DP 758258),

5.2     Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398)

5.3     Museum, 215A Harbour Drive, Coffs Harbour (Lot 101 Sec DP 1041655)

 

The sale of 2 Castle Street is part of the funding model for the Cultural and Civic Space Project in Gordon Street, Coffs Harbour.

 

The property at 2 Castle Street, Coffs Harbour, comprises a two level commercial office building with basement security car parking. Council has held the property since it developed the property in the 1980s and the property has since operated as Council’s main administration building and Chambers.

 

The property is legally described as Lots 1 and 2 DP566885 and Lot 8 Section 6 DP 758258 and has a site area of some 3,038 square metres.  The lettable area of the building is approximately 3,172 square metres and some 45 car spaces are located in a secure basement car park.

 

The property is zoned B3 Commercial Core under the provisions of the Coffs Harbour LEP 2013.

 

Council was provided a report on this sale matter (BS21/38 – Attachment A) and a subsequent addendum report (BS21/39) at its last meeting. Council resolved (Resolution No. 2021/153):

 

That items BS21/38 Sale of Council Property at 2 Castle Street, Coffs Harbour and BS21/39 Addendum to Sale of Council Property at 2 Castle Street, Coffs Harbour be deferred to Council Ordinary meeting of 22 July 2021, as adequate time was not available to review item BS21/39 Addendum to Sale of Council Property at 2 Castle Street, Coffs Harbour.

 

These reports presented two offers recently received through Council’s real estate agent, Burgess Rawson.

 

Subsequently, a revised offer has now been received. The property has been extensively exposed to the market and although other offers have been received below valuation, all recent offers are above valuation. Given the quantum of the most recent offers and to achieve the highest sale value for Council, it is recommended that Council authorise the General Manager to negotiate the sale of the property in accordance with the recommendation in Confidential Attachment ATT1 BS21/40 CONFIDENTIAL Summary of Recent Offers and Recommendation.

 

Council, as part of the sale, will continue to occupy the whole of the property.  This arrangement will be formalised upon settlement of the sale by Council entering into a 3-year lease with 3 x 1 year options for continuing tenure from the date of transfer initially at a rental of $850,000 per annum on a net lease basis.  A 3-year lease was included in the sale process as the shorter the lease, the higher the risk to investors/purchasers and therefore a lower return on the sale process to Council.  Council does have the ability to sublet the building at the end of its requirements for the building, until the end of the lease term should this be necessary.

Issues:

In relation to the sale of the property, the main issue to resolve is the decision to proceed with the sale.  Recent offers are considered fair and reasonable and in line with current market conditions and are superior to a recent independent valuation obtained by Council and dated 9 June 2020.  Commercial property market conditions have remained strong in recent months.

Options:

Council has the following options available regarding sale of the property:

 

1.    Authorise the General Manager to continue negotiations to seek the highest offer and execute the necessary documents with a purchasing party.

2.    Accept an offer and proceed with the sale and disposal of the asset.

3.    Reject the sale of the property, resolve to remove the property from sale and maintain it as a Council asset and consider alternative funding options for the Cultural and Civic Space Project.  It should be noted that recycling of Council’s current accommodation assets is a logical method of funding for part of the Cultural and Civic Space Project.

Sustainability Assessment:

•     Environment

The property comprises an existing building and associated facilities.  There is no further development proposed as a result of this report.  The transfer will have no environmental impacts, as this is a change of ownership only.

•     Social

The sale of the asset will allow the Council to contribute the proceeds from this component of the property sales towards the funding of the Cultural and Civic Space Project which will have significant social benefits for the whole Coffs Harbour.

•     Civic Leadership

The sale of the property is proposed because it will assist with the funding of the new Cultural and Civic Space building in Gordon Street, which will promote and extend Council facilities and services to the community.

•     Economic – Broader Economic Implications

There will be minimal impact because of the transfer.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program/Operational Plan implications from maintaining Council’s current position on the funding model for the sale of this property.  The sale proceeds and rentals have been included in Council’s updated Long Term Financial Plan for the Cultural and Civic Space Project. However, should Council reject the recommendation and not proceed with the sale of the property a significant gap in the funding model will need to be addressed.

Risk Analysis:

The risk in relation to this matter is considered low to medium.  A prospective purchaser could change their mind at any point prior to exchange of contracts and if this occurred, the sale would not proceed.

Consultation:

All internal stakeholders have been consulted and no issues have been raised that would suggest the sale could not proceed.

Related Policy, Precedents and / or Statutory Requirements:

Section 377(1) (H) of the Local Government Act 1993 requires the formal approval of Council in regard to the sale or exchange or surrender of land.

 

The land to be transferred is classified as Operational Land.  Operational Land can be disposed of by Council via sale or transfer and is not bound by the restrictions imposed by Section 45 of the Local Government Act 1993.

Implementation Date / Priority:

This matter will be actioned immediately upon a resolution of Council.

Conclusion:

This report provides an update on the sale of the property at 2 Castle Street, Coffs Harbour, including the items deferred from Council’s previous meeting on 8 July 2021. A revised offer has also been received through advice from Burgess Rawson, the commercial property real estate agents engaged by Council to sell the property.  The recent prices offered are considered fair and reasonable and in line with current property market conditions and are superior to the value assessed by property group Savills Pty Ltd, who provided an independent valuation of the property for Council.

 

 


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BS21/41       Loan Borrowing - Cultural and Civic Space

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  BS21/41   CONFIDENTIAL Financial Institutions' Expressions of Interest - Indicative Loan Rates

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

 

Executive Summary

At the Council meeting held on 14 June 2018, Council endorsed the Concept Business Case for the Cultural and Civic Centre Project. Included in this Business Case was approval for the funding mix. The recommended base option was endorsed for an initial cost estimate of $76.52M which was offset by estimated asset sales ($20M), T2S contribution ($10.5M) and the remaining $46.02M from an external loan. At a subsequent Council meeting held on 25 February 2021, Council approved further $4.245M loan borrowings for this project, bringing the total project cost to $81.265M, with loan funds to be sourced to $50.265M. 

 

The financial modelling within the Business Case also showed that the Council is in a strong financial position to undertake the project and that the project only has a short term impact on the financial performance ratio of the Council. Under Council’s current Long Term Financial Plan Council was due to have a positive operating performance ratio in the 2020/21 financial year. Projections at that time also determined that if the project proceeded as recommended, Council’s positive operating performance ratio would be pushed back two years to 2022/23.

 

From these resolutions, Council has sought Expressions of Interest (EOIs) from four financial institutions in accordance with its Loan Policy. Indicative rates were received from Westpac Banking Corporation, National Australia Bank, ANZ Bank and Commonwealth Bank of Australia.  The indicative rates quoted by these financial institutions are contained in the Confidential Attachment.

 

As at 12 July 2021, TCorp’s indicative interest rate offered to Local Government generally for 20-year fixed rate amortising funds was 2.21%. An indicative rate was not sourced from TCorp through the EOI process as they are unable to offer a borrowing over a 30-year term. In addition, the other requirements set out by TCorp ultimately make their overall proposition less attractive than those from the commercial lenders.

 

From the EOIs received, it is recommended that Council enter into a fixed interest rate loan agreement to borrow $50.265M over 30 years with the Westpac Banking Corporation, noting that this is subject to the normal formal credit approval process.

 

Recommendation:

That Council:

1.    Enter into a fixed interest rate loan agreement to borrow $50.265 million over 30 years with the Westpac Banking Corporation.

2.    Authorise the General Manager under delegated authority to execute the loan agreement.

 

Report

Description of Item:

At the Council meeting held on 14 June 2018, Council endorsed the Concept Business Case for the Cultural and Civic Centre Project. Included in this Business Case was approval to source $46.02M of the funding via an external loan. At a subsequent Council meeting held on 25 February 2021, Council approved a further $4.245M loan borrowings for this project, bringing total loan funds sought to $50.265M. 

 

As a result, Council has sought Expressions of Interest (EOIs) from four financial institutions in accordance with its Loan Policy. The Cultural and Civic Space Project Capital Expenditure Review and TCorp’s Report of Council’s Borrowing Capacity were provided as supporting information. Indicative rates were received from Westpac Banking Corporation, National Australia Bank, ANZ Bank and Commonwealth Bank of Australia.  The indicative rates quoted by these financial institutions are contained in the Confidential Attachment.

 

In April 2020 the NSW Government announced a two-year moratorium on using TCorp loans for capital works on council chambers and administration buildings. However, since the Cultural and Civic Space is predominantly a cultural facility, TCorp had advised that funding may still be provided.

 

In recent discussions/meetings with representatives of TCorp, TCorp have communicated a reluctance to lend for ‘construction’ projects, particularly as the sole lender, due to the increased risks involved and they have indicated they are unable to offer a borrowing over a 30-year term. TCorp has also advised a range of additional due diligence requirements would need to be met, noting that this additional level of scrutiny has not been requested by the commercial lenders that local government traditionally relies upon for borrowing requirements.

 

TCorp has suggested that Council explore borrowing from the broader market; that is, the traditional commercial lenders, as a viable alternative.

 

For comparison purposes, it should be noted that as at 12 July 2021, TCorp’s indicative interest rate offered to Local Government generally for 20-year fixed rate amortising funds was 2.21%. However, as with all indicative rates, these may change for any particular borrowing based on the credit assessment and the time at which borrowing is actually drawn down. Recently, TCorp advised that on 11 June 2021 it had loaned a 20-year fixed rate semi-annual amortising funds at 2.59%. As mentioned above, an indicative rate was not formally sourced from TCorp through the EOI process as they are unable to offer a borrowing over a 30-year term, whereas other commercial lenders will thus de-risking the subject borrowing.

 

In addition, as a condition of any offer, TCorp requires Council to amend its Investment Policy to lower its exposure to unrated institutions to 10% and the BBB Category to 20%, from the current Investment Policy with a combined BBB and unrated Category of 40% maximum holding. Applying these conditions to Council’s Investment Policy would likely make their offer less competitive than that from a commercial lender.

Issues:

On 25 February 2021 Council resolved to enter into a contract with Lipman Pty Ltd for Design and Construction Services for the Cultural and Civic Space project. One component of the funding mix for this project is loan borrowings. The Business Case adopted 14 June 2018 approved an initial $46.02M of loan borrowings. At a subsequent Council meeting held on 25 February 2021, Council approved a further $4.245M loan borrowings for this project, bringing total loan funds sought to $50.265M. This report addresses the borrowing options available.

Options:

The options available to Council in this matter are:

1.    Accept the offer to borrow under Option A – Borrowing of $50.265M over a 30 year fixed term from the Westpac Banking Corporation.

2.    Accept the offer to borrow under Option B - Borrowing of $50.265M over a 30 year term, with a fixed period of 20 years, at which time Council may choose to fix for a further 10 year period, move to a variable interest rate or pay the loan out from the Westpac Banking Corporation.

3.    Accept the offer to borrow under Option C - Borrowing of $50.265M over a 30 year term, with a fixed period of 2 years (in line with construction period), at which time Council will refinance for a further 20 year period, at which time Council may choose to fix for a further 8 year period, move to a variable interest rate or pay the loan out from the Commonwealth Bank of Australia.

4.    Accept the offer to borrow under Option D - Borrowing of $25.1325M over a 30 year fixed term from each of Commonwealth Bank of Australia and Westpac Banking Corporation.

5.    Accept the offer to borrow under Option E - Borrowing of $25.1325M over a 30 year term, with a fixed period of 20 years, at which time Council may choose to fix for a further 10 year period, move to a variable interest rate or pay the loan out from each of Commonwealth Bank of Australia and Westpac Banking Corporation.

6.    Reject all loan offers and seek another source of funding.

The offers are based on indicative rates and are subject to the normal formal credit approval process. Option 1 is recommended.

Sustainability Assessment:

•     Environment

The borrowing of funds is not expected to have any direct environmental implications.

•     Social

The borrowing of funds is not expected to have any direct social implications.

•     Civic Leadership

Council supports the financially sustainable outcomes for the Council and the Coffs Harbour community and seeks to minimise borrowing costs.  This assists with funding requirements for services and other projects.

Economic – Broader Economic Implications

The borrowing of funds is expected to have broader economic implications. The Capital Expenditure Review document has addressed the long term implications and viability of this project.

•     Economic - Delivery Program/Operational Plan Implications

Council engaged TCorp to complete an independent assessment of Council’s borrowing capacity and provided a report in April 2020. This report concluded that Council met all ratio benchmarks and has capacity to service its existing and forecast debt repayments. The key observations from this analysis revealed:

 

-     Operating performance was above benchmark from 2017 to FY2019 as Council increased its revenue base while being able to contain costs to an extent. Operating performance is forecast to go into deficit for FY2022, however, it trends back into surplus from FY2023.

-     The Cash Expense Ratio (CER), used to measure liquidity, is forecast to remain above benchmark and indicates Council can continue paying for its immediate expenses without additional cash inflow for around 10 months.

-     Council is able to generate sufficient own source revenue to not have to materially rely on external sources of funding over the review period.

-     Council’s DSCR and ICR ratios indicate that Council has sufficient capacity to service its

existing and forecast debt repayments on an on-going basis over the review period.

 

This project and the sources of funding are included in the 2021/22 Operational Plan and 2017-2022 Delivery Program. The loan repayments within these documents are based on a 2.3% interest rate over a 30-year term. Based on the best current indicative interest rate provided, interest costs over the entire 30-year term will be on average an additional $18k per annum compared to the funding model; however, this ensures no further interest cost increase after 20 years.

 

The repayments in the Operational Plan will be revised in line with whichever option Council adopts within this report.

Risk Analysis:

The loan offers are based on a fixed interest rate for the period of the loan and therefore the Council is minimising any interest rate exposure risk as part of this borrowing. In addition, Council mitigates its interest rate risk by opting for the longer term of 30 years rather than 20 years.

 

Consideration has been given to the option of borrowing through a credit facility for the build component and then locking in a fixed rate loan post construction. However, given timing of the project’s cash flow requirements, Council will achieve a far better outcome in terms of risk by locking in a fixed rate loan over 30 years now.

Consultation:

The Office of Local Government, via TCorp, has been advised of the proposed borrowing.

Related Policy, Precedents and / or Statutory Requirements:

The procedures within the Loans Policy have been met.

Implementation Date / Priority:

It is proposed to drawdown the loan by 14 August 2021.

Conclusion:

In order to meet Council’s contractual commitments for the Cultural and Civic Space project it is recommended that Council progress the borrowing of funds in line with adopted Council minutes.  Four EOIs have been received offering funds to fulfil Council’s loan requirements and it is recommended that Council accept the loan offer to borrow $50.265M at a fixed rate over 30 years with the Westpac Banking Corporation.

 

 

 


BS21/42       Bank and Investment Balances for June 2021

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/42   Investment Performance Report for the Month Ended 30 June 2021  

 

Executive Summary

Council’s Bank Balances and Investments as at 30 June 2021 totalled $253,784,788.14.  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 $253,784,788.14 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 June 2021.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 June 2021 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.

 

The bank balances and investment total of $253,784,788.14 as at 30 June 2021 is allocated between Council’s external restrictions, internal restrictions and unrestricted funds.

 

The balance of Council’s cash, cash equivalents and investments as at 30 June 2020 was attributable to external restrictions, internal restrictions and unrestricted funds as follows:

 

Fund

$000

External Restrictions

127,904

Internal Restrictions

88,300

Unrestricted

9,024

Total

225,228

 

Final calculations to determine external and internal restrictions for the year ended 30 June 2021 will be carried out during End of Financial Year Financial Statement preparation.

 

External restrictions account for over 56% of the cash, cash equivalent and investments held by Council; comprising of Developer Contributions, unexpended grants, unexpended loans, Water fund reserves, Sewer fund reserves and the Domestic Waste Management reserve as reported in Council’s Annual Financial Statements.

 

The below graph provides a breakdown of the bank and investment balances by Fund as at 30 June 2021.

 

 

The following line graph shows the rolling trend of Council’s bank balance and investment totals for a period of 13 months to 30 June 2021.

 

 

 

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for June 2021 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 June 2021, it is noted that the total bank and investment balance was $253,784,788.14 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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BS21/43       Business Incentive Policy Administration - History of Impacted Applicants

Author:                        Grants Administration Officer

Authoriser:                  Director Business Services

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

Attachments:              Nil

 

Executive Summary

At its meeting on 22 April 2021, Council requested a report covering the history of six affected applicants who were previously excluded from accessing the Business Incentive Policy under the old wording, whom may be eligible for a refund if refunds are to be applied.

 

This report outlines the history of the affected applicants as well as a profile of other commercial developments that have been approved under the Small Business Enterprise Incentive and Business Incentive Policies.

 

Recommendation:

That Council:

1.       Note the report.

2.       Refunds Section 64 and Car Parking Contributions to businesses who were excluded from the Business Incentives Policy due to the term ‘business premises/use’ rather than ‘commercial use/commercial premises’ in the original policy.

3.       Transfer applicants who have previously requested the High Consumption Incentive to the Enhanced Deferred Payments Incentives.

 

Report

Description of Item:

The Business Incentive Policy was implemented to provide a holistic approach to support business investment and reinvestment in the regional economy, when the investment may not otherwise occur.  It also encourages diversification and seeks to stimulate business development and growth across the Coffs Harbour Local Government Area (LGA).

 

By agreeing to refund contributions to businesses who were excluded from accessing the Business Incentive Policy, Council is upholding the original intent of the policy.

 

At the 22 April 2021 Council Meeting the following was resolved (Resolution No. 2021/77):

 

1.       Defer the Proposed Business Incentive Policy refunds.

2.       Council receive a report covering the history of the six impacted applicants whom a refund may apply if refunds are to be applied. The report is to detail the timelines of each individual assessment process, initial full fee assessment amounts and concessions and incentives applied to date. The report should also provide a profile of other commercial developments that have been approved since the Small Business Enterprise Incentive and Business Incentive Policies have been introduced.

 

Outlined below are the businesses identified to date that have been excluded from the application of the Business Incentive Policy:

Location

Type of development

Outcome

Financial Impact

Harbour Dr

Shop to restaurant

Paid.

$8,689.80

Harbour Dr

Shop to restaurant

Withdrawn. Did not proceed.

$11,586.40 (N/A)

Harbour Dr

Shop to restaurant

Approval granted. Has not proceeded due to establishment costs being too high

$14,781.06 (N/A)

Marcia St

Factory/wholesalers to car detailing

Approval granted. Has not proceeded.

$5,687.16 (N/A)

Ocean Pde

Shop to Restaurant

Paid with negative comments.

$10,382.20

Newcastle Dr

Shed to Community Transport

Paid with negative comments.

$10,291.32

(50% disc. due to GFA)

Park Beach Plaza

Shop to Restaurant/fast food

Paid with negative comments.

$9,650.62

Rose Ave

Dwelling to consulting rooms

Withdrawn. Did not proceed due to establishment costs being too high.

$20,000.00
(max cap) N/A

Harbour Dr

Shop to Beauty Salon

Approval granted. Has not proceeded.

$1,462.35 N/A

Albany St

Office to (2) Physio rooms

Approval granted, ongoing issue, may not proceed due to contributions.

$13,421.51 N/A

Collison Pl

Shed to Caravan sales

Paid with negative comments.

$12,738.78

Grafton St

Microbrewery**

Bank guarantee received to secure outstanding contributions.

$39,185.12

Total amounts relevant to water, sewer & car parking contributions

 

$90,901.76

** New applicant identified since September 2019 (policy wording was updated in February 2020)

 

A history of the financially affected applications:

 

1.    Harbour Drive – shop to restaurant - Development Application 0150/19DA was lodged 17 August 2018 for a change of business use from a shop to a restaurant on Harbour Drive.  Developer Contributions of $8,689.80 were calculated for the development and a Notice of Determination (consent) was released 14 September 2018.  The applicant paid relevant contributions 13 November 2018 in line with their Notice of Determination.  If the application was considered under the updated Business Incentive Policy, they would have been eligible for a full (100%) discount of their Developer Contributions through the Small Business Incentive. The applicant is eligible for a full refund of $8,689.80.

 

2.    Ocean Parade – shop to restaurant - Development Application 0515/19DA was lodged 4 January 2019 for a change of business use from a shop to a restaurant on Ocean Parade.  Developer Contributions of $10,346.12 were calculated for the development and a Notice of Determination (consent) was released 25 February 2019.  The applicant paid $10,382.20 contributions 6 June 2019, which is the original calculation of contributions within their consent adjusted to current CPI rates at the time of payment.  If the application was considered under the updated Business Incentive Policy, they would be eligible for a full (100%) discount of their Developer Contributions through the Small Business Incentive.  The applicant is eligible for a full refund of $10,382.20.

 

3.    Newcastle Drive – industrial shed to community transport - Development Application 0620/19DA was lodged 15 February 2019 for a change of business use from an industrial shed to a community transport premises on Newcastle Drive.  Developer Contributions of $20,582.64 were calculated for the development and a Notice of Determination (consent) was released 24 April 2019.  The applicant paid relevant contributions 24 May 2019 in line with their Notice of Determination.  If the application was considered under the updated Business Incentive Policy, they would be eligible for a fifty percent (50%) discount of their Developer Contributions through the Small Business Incentive.  The applicant is eligible for a partial refund of $10,291.32.

 

4.    Park Beach Plaza – shop to fast food restaurant - Development Application 0766/19DA was lodged 18 April 2019 for a change of business use from a shop to a fast food restaurant in the Park Beach Plaza. Developer Contributions of $9,650.62 were calculated for the development and a Notice of Determination (consent) was released 13 June 2019.  The applicant paid relevant contributions 26 June 2019 in line with their Notice of Determination.  If the application was considered under the updated Business Incentive Policy, they would be eligible for a full (100%) discount of their Developer Contributions through the Small Business Incentive.  The applicant is eligible for a full refund of $9,650.62.

 

5.    Collison Place – industrial shed to caravan sales premise - Development Application 0433/19DA was lodged 17 December 2018 for a change of business use from an industrial shed to a caravan sales premises in Collison Place.  Developer contributions of $12,738.78 were calculated for the development and a Notice of Determination (consent) was released 31 January 2019.  A modification to the Development Application 0150/19DM was approved 1 April 2019 which included a reduction in the developer contributions payable to $4,327.27.  The applicant paid contributions of $4,327.27 2 May 2019 in line with their Approval of Application to Modify Development Consent 0150/19DM.  If the application was considered under the updated Business Incentive Policy, they would be eligible for a full (100%) discount of their Developer Contributions through the Small Business Incentive.  The applicant is eligible for a full refund of $4,327.27.

 

6.    Grafton Street – car sales premise to microbrewery - Development Application 0932/19DA was lodged 21 June 2019 for a change of business use from a car sales premises to a microbrewery/public bar/restaurant on Grafton Street.  Developer contributions of $136,887.46 for Section 64 (water and sewer) and $157,143.07 for car parking contributions were calculated for the development and a Notice of Determination (consent) was released 13 March 2020.  A modification to the Development Application 0040/21DM was approved 18 December 2020 which included a reduction in the developer contributions payable to $101,835.39 for Section 64 (water and sewer) and $39,185.12 for car parking contributions.  The development application was eligible for and nominated for the High Consumption Charge (Water/Sewer) Incentive which levies the payment of $101,835.39 for a maximum of ten years commencing after the occupation certificate is issued.  The development application was also eligible for and nominated for a 75% discount under the Small Business Incentive, reducing the car parking contributions from $157,143.07 to $39,185.12.  The applicant provided a bank guarantee to Council to the value of $39,185.12 for the deferral of the remaining car parking contributions payable in line with their Approval of Application to Modify Development Consent 0150/19DM.  If the application was considered under the updated Business Incentive Policy, they would be eligible for a $20,000 discount on their Section 64 contributions through the Small Business Incentive, which is a 75% discount up to a maximum of $20,000 for Section 64 (water and sewer).  The application would also be eligible for a full (100%) discount of their car parking contributions which includes a 75% discount through the Small Business Incentive and an additional 40% discount (up to the full 100% discount) for the Employment Generating Incentive.  Contributions of $81,835.39 will be payable for Section 64 (water and sewer) contributions and the bank guarantee provided for the deferral of car parking contributions will be returned to the applicant.

 

Overall, the funding to be refunded to applicants amounts to $43,341.21 as well as the return of a bank guarantee.

 

Other commercial developments that have been approved under the Small Business Enterprise Incentive and Business Incentive Policies:

 

Location

Type of development

Full Contributions applicable before incentives applied

Eligible discount from incentives

Contributions payable after incentives applied

Park Avenue

Office – expanding floor area

$119,460.14

40% of car parking contributions

$84,123.52

Scarba Street

Medical Centre – additional consultancy room

$54,623.34

100% of car parking contributions

$10,453.82

Albany Street

New offices

$1,490,289.17

40% of car parking contributions

$1,050,288.57

Moonee Street

Change of use from office to restaurant

$24,924.22

100% of Sec 64 and car parking contributions

Nil

Duke Street

New offices

$210,710.47

40% of car parking contributions

$157,108.92

Issues:

The only issue identified is for those businesses noted who decided not to proceed with their development application.  Should this issue arise, officers will work alongside the applicant if they find a new business opportunity to ensure their future development contributions are calculated in accordance with the Policy.

Options:

In considering this report Council has the following options:

 

1.    Review the information provided in response to Item 2 of Resolution Number 2021/78, including a history of the applicants that were previously excluded from the application of the Business Incentive Policy and a profile of applicants that were approved under the Business Incentive Policy and provide refunds of Section 64 and Car Parking Contributions to businesses who were excluded from the Business Incentives Policy due to the term ‘business premises/use’ rather than ‘commercial use/commercial premises’ in the original policy.

2.    Reject the proposed refunds.

 

Option 1 is recommended.

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

The economic implications were considered by Council at its meeting on 12 September 2019 and again at its meeting on 22 April 2021.

 

The back dating of the Business Incentive Policy and the High Consumption Incentive due to a change in wording is expected to receive positive feedback from the community and will be well regarded.  The positive financial impact businesses will receive is also well timed during the recovery from the COVID-19 Pandemic.

•     Economic - Delivery Program/Operational Plan Implications

It is expected that the businesses who receive a refund will benefit from this cash injection, especially after the effects of COVID-19.  The refunds will have a positive impact on the financial sustainability of their organisation.  If Council adopts the recommendation approximately $43,341.21 will be refunded to developers from Section 7.11 contribution plans.

Risk Analysis:

By not initiating these changes Council will not be implementing the intent of the original Business Incentives Policy. Council will be continuing to exclude businesses from financial relief they were originally meant to receive.

Consultation:

Relevant Council officers and Contributions Working Group members across Council have been consulted in the preparation of this report.

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

After adoption of this report, Council staff will issue the refund of contributions detailed under the history of effected applicants above.

Conclusion:

This report provides Council with a history of the six impacted applicants affected by being excluded from the Business Incentive Policy and a profile of applicants that were approved under the Business Incentive Policy for consideration. It also recommends providing refunds of Section 64 and Car Parking Contributions to businesses who were excluded from the Business Incentives Policy due to the term ‘business premises/use’ rather than ‘commercial use/commercial premises’ in the original policy.

 


BS21/44       State Government Jetty Foreshores Public Domain Works

Author:                        Director Business Services

Authoriser:                  Director Business Services

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  BS21/44   NSW Government Media Release

ATT2  BS21/44   CONFIDENTIAL Coffs Harbour Jetty Foreshores Community Building Development Agreement

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

ATT3  BS21/44   Letter of Support - Jetty Foreshores Public Domain Works  

 

Executive Summary

In September 2020, the State Government announced $20 million in economic stimulus funding to fast-track essential civil, maintenance and public domain works required for the future of the Coffs Harbour Jetty Foreshores Precinct.  In particular, $5 million is earmarked for the design and implementation of public domain works across the precinct.

 

The scope of the public domain works was announced by the State Government on 7 April 2021 to include the redevelopment of the TS Vendetta building.  The project is consistent with both the adopted Jetty Foreshores Concept Plan and the current adopted Plan of Management.  Delivery of this project is being led by the State Government and they have now prepared a Coffs Harbour Jetty Foreshores Community Building Development Agreement to formalise the arrangements between Property NSW and Council to deliver the project and provide the completed works to Council for one (1) dollar.

 

It is recommended that Council execute the Development Agreement.

 

Recommendation:

That Council authorise the General Manager under delegation to execute the Coffs Harbour Jetty Foreshores Community Building Development Agreement (Attachment 2) with Property NSW.

 

Report

Description of Item:

In September 2020, the State Government announced $20 million in economic stimulus funding to fast-track essential civil, maintenance and public domain works required for the future of the Coffs Harbour Jetty Foreshores Precinct.  $5 million is earmarked for the design and implementation of public domain works across the precinct.  $15 million has been committed for the design and implementation of essential services.

 

The State Government is fast-tracking these works to unlock employment opportunities and economic stimulus for Coffs Harbour in the short-term, while planning continues for the long-term vision of the precinct.

 

The scope of the public domain works was announced by the State Government on 7 April 2021 to include the redevelopment of the TS Vendetta building (refer Media Release – Attachment 1).

 

The Minister for Water, Property and Housing, Melinda Pavey, said the new building will include a café, watercraft storage facility and public amenities as well as accommodation for the TS Vendetta naval cadets.  Construction work on the new building is anticipated to begin mid-year.

 

The project is consistent with both the adopted Jetty Foreshores Concept Plan and the current adopted Plan of Management.  Delivery of this project is being led by the State Government and is required to be completed by 30 June 2022.

 

The State Government has now prepared the Coffs Harbour Jetty Foreshores Community Building Development Agreement (Attachment 2) to formalise the arrangement between Property NSW and Council, detailing that the State Government will fund and manage the design and construction for the project and that the works will be provided to Council, as Crown Land Manager, for one (1) dollar.  This deed is now provided to Council for consideration and approval.

Issues:

The public domain works funded by the State Government provide a further opportunity to enhance the Jetty Foreshores in alignment with Council’s adopted master planning for the reserves.

 

The project scope includes the building shell and services but not the fit-out.  Much of this will become the responsibility of the tenants of the building, including the Department of Defence and a prospective café operator. The agreement provides for an optional integrated fit-out and also for scope of works changes if required.

 

Through the design process it has been difficult to include housing of the South Solitary Island lighthouse optic in the new building. This is due partly to the scale and form of the new building. It is also considered that a better outcome may be achieved to secure, publicly display and interpret the lighthouse optic if it was located in a more prominent location nearer, or in, the marina precinct.

Options:

Council has the following options to consider:

 

1.    Accept the recommendation and authorise the General Manager under delegation to execute the Coffs Harbour Jetty Foreshores Community Building Development Agreement.

2.    Reject the recommendation and not support the State Government’s project.

Sustainability Assessment:

•     Environment

Environmental considerations will be taken into account through any development assessment or Part V process for the works.

•     Social

The ongoing enhancement of the public domain for the Jetty Foreshores provides opportunities for community interaction, events, cultural awareness and recreational activities in the precinct.

•     Civic Leadership

Working in partnership with the State Government demonstrates Council’s willingness to advance broader community objectives in a cooperative manner.  This cooperation supports MyCoffs Community Strategic Plan objectives:

 

-     B2 A community achieving its potential.

-     D1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

The ongoing enhancement of the public domain for the Jetty Foreshores provides opportunities to expand tourism visitation and activities in the precinct.  This will benefit the local area and Coffs Harbour more broadly.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications for the current Operational Plan. Some funding, not yet quantified, will be required from Council for the fit-out of non-tenanted areas in late 2021/2022.  It is expected that this will be able to be funded from the Community Facilities Reserve.

Risk Analysis:

With the State Government managing the project, Council’s risks are diminished.  The Development Agreement also provides certainty for Council in relation to the financing of the project.  The project scope includes the building shell and services but not the fit-out.  Much of this will become the responsibility of the tenants of the building, including the Department of Defence and a prospective café operator.

Consultation:

Council staff are working with the State Government’s project team to assist in the delivery of the project.

 

Council officers, acting as Crown Land Manager, have discussed the project with stakeholders to gain in-principle support for the project.  This has included representatives of the Department of Defence in Canberra and their property management agent.  A letter of support from Council, as Crown Land Manager, has also been provided following a request from Property NSW (Attachment 3).

 

A briefing note was provided to Councillors on this matter on 5 March 2021.  Councillors Amos and Cecato are also members of the Jetty Foreshores Project Steering Advisory Committee.

Related Policy, Precedents and / or Statutory Requirements:

-      Jetty Foreshores Concept Plan – adopted 2013

-      Coffs Harbour Jetty Foreshores Plan of Management dated June 2008

Implementation Date / Priority:

Upon Council resolving the recommendation, the agreement will be executed promptly.  The project has a tight delivery deadline of 30 June 2022.

Conclusion:

The State Government has provided $5 million for public domain works at the Jetty Foreshores.  They are leading the project management, design and construction of the project with the completed works to be provided to Council for one (1) dollar.  It is recommended that Council execute the Development Agreement to formalise these arrangements.

 

 

 


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BS21/45       Lease of Community Land to Woolgoolga Regional Community Gardens Association

Author:                        Property Officer Leasing and Licensing

Authoriser:                  Director Business Services

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  BS21/45   WRCG Strategic Plan

ATT2  BS21/45   WRCG Plan of Management

ATT3  BS21/45   Netball MOU 2020  

 

Executive Summary

The Woolgoolga Regional Community Gardens Association (WRCGA) have held a licence to occupy community land in Scarborough Street at Woolgoolga since 2015. This licence expired 31 January 2020. 

 

Council staff have been liaising with the WRCGA in assessing the trialled occupation and the Group’s plans for future occupation on the site. 

 

The efforts of the WRCGA have seen a strong and positive use of the property engaging a large range of community as members and volunteers, and now seek to ensure a long-term occupation of the land to continue their programs and development of the garden space.

 

Recommendation:

That Council:

1.       Authorises the lease of part Lot 102 DP 632009 being Council owned community land to Woolgoolga Regional Community Gardens Association for 21 years.

2.       Fund a survey in registerable format in order to register the lease on the property title.

 

Report

Description of Item:

In 2015 the Woolgoolga Regional Community Gardens Association (WRCGA) were granted the opportunity to licence some community land in Scarborough Street at Woolgoolga that was ancillary land adjacent to the Woolgoolga Netball courts.  It was formalised by a 5-year licence.  This licence expired 31 January 2020. The WRCGA are known locally as Woopi Gardens.

 

The WRCGA have a strong committee which leads a large group of members from throughout the Woolgoolga community who have worked tirelessly to establish not only a diverse and inclusive range of gardens, but also an impressive event and meeting space for use by both the Garden community and broader Woolgoolga community.  In addition, the WRCGA have set up workshop programs for education, inclusiveness and recreational purposes.

 

The WRCGA now wish to ensure the work done in establishing the facility is protected by a long term tenure to secure their occupation of the site.

 

In order to consider a long-term tenure of community land, Council staff required WRCGA to:

 

·     Liaise with Woolgoolga District Netball Association Incorporated (WDNAI) to confirm acceptance of the neighbour arrangement and use of the land

·     Review their Management Plan and Memorandum of Understanding with WDNAI and update as necessary

·     Provide a Strategic Plan and Business Plan and include reference to the intention to provide the facility for external community use.

 

Council have been offering community not-for-profit organisations, such as the Woolgoolga Regional Community Gardens Association, an opportunity to work with a business consultant (in two mentoring one-hour sessions, either one to one or in a group session); who could assist with strategic planning, grant applications or use of social media. 

 

The impact of COVID-19 has meant that many community, sporting and not-for-profit organisations have had to review the way in which they operate and how to maintain connection during this period.  Council is seeking to strengthen the capacity and resilience of these organisations to prepare, respond and recover; with practical assistance to build the skills of staff and volunteers and to improve organisational governance structures.

 

In order for the WRCGA to meet our requirements, the Group availed of Council’s offered assistance and the supplied written documentation evidences this, as attached to this report.

 

Council staff are satisfied this is a valid and best use of the identified community land site.

Issues:

This section of community land has previously been managed under the Sportsground Plan of Management as it was originally allocated as part of the Woolgoolga netball facility.  A review of the future requirements for the provision of netball determined additional courts and amenities would be better serviced within both the existing footprint, and on the eastern side of that footprint.  This means the western piece of land now being occupied as the Woopi Gardens is no longer appropriate to be managed under the Sportsground Plan of Management.

 

Management of the community land occupied by Woopi Gardens would be more aligned with the General Community Use Plan of Management. The Plan of Management for this area of land will therefore need to be amended.  It is anticipated that this issue will be addressed as part of an update to be performed across Council’s Plans of Management in the near future.

 

Further, to meet the requirement of a longer term lease, a survey of the land will need to be prepared in registerable format in order for the lease to be registered on the property title.

Options:

The options available for Council’s consideration of this matter are:

 

1.    Resolve to lease that part Lot 102 DP 632009 already established as a community garden to Woolgoolga Regional Community Gardens Association for 21 years ensuring provision of the facility to the wider community.

2.    Resolve to offer a further short-term licence period to continue the occupation by the Gardens.

3.    Terminate the occupation by the WRCGA and use the community land for a separate purpose.

 

Option1 is recommended.

Sustainability Assessment:

•     Environment

The land was previously cleared and has since been transformed into garden space and event space and is currently maintained with regard to the surrounding environment.  No further impact to the environment is expected by leasing to the WRCGA.

•     Social

The Woopi Gardens are a welcoming place for everyone as stipulated in the WRCGA Strategic Plan.  The WRCGA include the following key directions addressing social engagement:

 

-      Provide opportunities for life-long learning

-      Foster environmental stewardship and practices promoting energy and water efficiency; zero waste; sustainable gardening and local food production and healthy eating

-      Enhance community connections and social inclusion through events, programs and use of the facility by external community groups

•     Civic Leadership

Leasing to the WRCGA aligns with many themes within Council’s MyCoffs Strategic Plan, however it is most aligned with A.1 – We are a ‘vibrant and inclusive place’.

•     Economic – Broader Economic Implications

The WRCGA are largely a financially self-sustaining community group.  Funding comes by way of membership, charges to access programs and events, hire of meeting and function space, and sale of produce.

 

The WRCGA have already attended to some reasonably sized infrastructure projects which have been paid for with assistance from grant funding, with matched-funding being met by the Group.

 

There is no funding sought from Council’s budget to maintain the facility.

•     Economic - Delivery Program/Operational Plan Implications

Leasing to the WRCGA will have no impact on Council’s Delivery Program or Operational Plan.

Council makes provision annually for survey costs and legal fees for lease preparation, so payment for the survey works is also already allowed for with no further impact to Council’s budget.

Risk Analysis:

Risk in this instance is presented in the possible alternate use of the land, and in turn seeking an alternate piece of land for relocation of the WRCGA.

 

As the identified land was already cleared but not being actively occupied, it was seen as a suitable location to trial the supply of a community garden for the northern beaches.  It has been largely successful and enjoyed by a large cross-section of community members who now regularly attend the Woopi Gardens.  The addition of the covered event space provides for further occupation by other community groups on a hire basis for meetings and functions.

 

Should Council resolve not to offer further occupation to the WRCGA, the Woopi Gardens will need to consider relocating.  This would be problematic given lack of suitable alternate land available, and the investment already made by the WRCGA in establishment of current garden and infrastructure.

Consultation:

·     Woolgoolga Regional Community Gardens Association

·     Woolgoolga District Netball Association Incorporated

·     Relevant Council staff

·     Plan of Management

Related Policy, Precedents and / or Statutory Requirements:

·     Local Government Act 1993 as it refers to leasing of community land

·     Guideline for Assessment of Rental for Community Tenants

·     Guideline for Conditions of Tenure for Community Organisations

·     Leasing and Licensing Policy for Community Organisations

Implementation Date / Priority:

Commenced as soon as is practical following resolution, after due public notification period and survey of leased lot complete.

Conclusion:

The five-year trial occupation by the WRCGA has resulted in a vibrant and well-patronised community space, by a group who is well organised and supported with a future strategic plan promoting inclusive and practical involvement with the wider community.

 

Leasing part Lot 102 DP 632009 to Woolgoolga Regional Community Gardens Association for 21 years is recommended.  Assisting with the cost of surveying the land in registerable format in order to register the lease on property title is also recommended accordingly.

 

 


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SC21/40       2021/22 Arts and Cultural Development Grants Program

Author:                        Section Leader Community Programs

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC21/40   Summary of Recommended Projects  

 

Executive Summary

The Arts and Cultural Development Grants Program is a key action outlined in the Creative Coffs - Cultural Strategic Plan 2017-2022.  It provides an annual source of funds that artists and community groups can access to assist Council in delivering the overall vision and goals of Council’s Cultural Strategic Plan.

The assessment process is competitive and applicants must present clear, well planned projects with appropriate support material in line with the guidelines.

Council sought applications from the community for projects and activities. Of the 14 applications received, nine were recommended for funding by the assessment panel. The total funding for the nine recommended applications is $40,184.

 

Recommendation:

That Council approves the allocation of 2021/22 Arts and Cultural Development Grants Program funding as follows:

APPLICANT

AMOUNT

Gamumbi Early Childhood Education Centre

$2,500

Coastal Claymakers Inc.

$6,863

Bellingen Readers and Writers Festival

$5,000

Friends of Coffs Harbour Regional Gallery

$5,000

GenHealth (t/a headspace Coffs Harbour)

$3,535

Woolgoolga Art Group

$2,100

Coffs Harbour City Orchestra

$3,011

Arts Mid North Coast, for Screenwave

$6,200

Toormina High School

$5,975

TOTAL

$40,184

 

Report

Description of Item:

The Arts and Cultural Development Grants Program (the program) is a key action outlined in the Creative Coffs - Cultural Strategic Plan 2017-2022.

The program is designed to support the enjoyment of a rich cultural life within the Coffs Harbour Local Government Area for all people to access and participate in regardless of age, cultural background, education or social status. Projects requesting funding should have strong arts, cultural and community benefit that is clearly identifiable and where possible quantifiable with some measures of success.

14 applications were received for the 2021/22 program and were rated against the assessment criteria by the panel in June 2021.  The aim is to fully fund projects that best meet the grant program criteria, subject to well-planned and realistic project budgets.  Funding of $2,000-$7,000 is available for successful applications,

Nine projects are recommended for funding by the panel. A description of each recommended project can be found in Attachment 1.

Applicant or Auspice

Project Title

Creative Coffs Strategy Alignment

Funding Requested

Funding Recommended

Gamumbi Early Childhood Education Centre (ECEC)

Exploring Indigenous art in early childhood

3.5 Develop and implement innovative cultural education programs, with diverse/ intercultural and refugee communities, designed to increase community cultural participation and understanding.

$2,500

$2,500

Coastal Claymakers Inc.

Micro to Macro, Clay, Glaze and Public Art

5.2 Expand local arts practice and audience stimulation through long-term relationships with artists and arts companies from both inside and outside the local area.

$6,863

$6,863

Bellingen Readers and Writers Festival

Telling Stories – CH Schools program for BRWF

1.1 Engage both the community and visitors through continued development of innovative and dynamic cultural activities and programs.

$5,000

$5,000

Friends of Coffs Harbour Regional Gallery

White Bluff Science+Art Collaboration stage 4

4.6 Foster creative industries and cultural network(s) to encourage collaboration and build cultural capital.

$7,000

$5,000

GenHealth

Ukelele Art Attack

1.6 Work with service and education providers to develop programs which use the arts to improve health, in particular mental health and healthy ageing in the community.

$3,535

$3,535

Woolgoolga Art Group

Wheels in Motion

5.1 Partner and collaborate with organisations to drive and strengthen our cultural assets, programs and facilities.

$2,100

$2,100

Coffs Harbour City Orchestra

Musical Journeys

5.2 Expand local arts practice and audience stimulation through long-term relationships with artists and arts companies from both inside and outside the local area.

$3,011

$3,011

Arts Mid North Coast, for Screenwave

SWIFF presents Alon Ilsar

1.1 Engage both the community and visitors through continued development of innovative and dynamic cultural activities and programs.

$7,000

$6,200

Toormina High School

Toormina High School Street Art – Create Together

1.6 Work with service and education providers to develop programs which use the arts to improve health, in particular mental health and healthy ageing in the community.

$5,975

$5,975

TOTAL

 

 

$42,984

$40,184

Applications not recommended

Applications that were not recommended for funding were:

-     rated lower against the criteria;

-     were ineligible to apply;

-     failed to meet the selection criteria;

-     did not provide sufficient support material or justification for funding;

-     provided unrealistic or unclear project budgets; or

-     a combination of the above.

The following table lists those projects not recommended by the Assessment Panel.

Organisation

Project

Funding Requested

Boambee East Community Centre

Twisted - The Untold Story of a Royal Vizier

$7,000

Coffs Harbour Arts Council

Yt Dingo full moon event development

$7,000

Coffs Harbour Bible Church School

School Excursion to Yarrawarra Aboriginal Cultural Centre

$3,448

Create Coffs Inc. trading as Blacklight Collective

Coffs Coast Creative Industries "Connect and Collaborate" Stakeholder Engagement Project

$7,000

TOTAL

 

$24,448

Options:

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

1.   Adopt the recommendation provided to Council. This provides for the optimal distribution of grant funding based on the submissions received and the assessment process used.

2.   Amend or reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

Council assesses the merit of each project based on the impact of the surrounding environment. Council also considered the location of the proposed projects in terms of community amenity and acceptance.

•     Social

Applicants are required to identify both the community benefit and need provided by the project and how this benefit has been determined or quantified. This may be through creating an entirely new event or activity or enhancing an existing event or activity.

•     Civic Leadership

The assessment process aims to achieve the best possible outcomes for all the Coffs Harbour Local Government Area.

•     Economic – Broader Economic Implications

The assessment of projects under the program is based on the project or activity providing value for money and the economic benefits that may exist due to the results of cultural tourism.

•     Economic - Delivery Program/Operational Plan Implications

The program is outlined in the current Operational Plan and $40,356 is available in the adopted 2021/22 budget allocation.

Risk Analysis:

The guidelines for this grants program includes clauses requiring applicants to have in place public liability insurance and/or any other appropriate insurance cover for the project or event. The guidelines also include provisions relating to financial reporting, governance and a structured schedule to ensure that grantees fulfil the objectives of their application. A formal acquittal of the grant is required on completion of the project.

Consultation:

The report has been developed through a consultative process that has included input from a range of Council officers and an assessment panel comprising of four people:

-      a representative of Council’s Cultural Reference Group;

-      two arts industry professionals from the Coffs Harbour region; and

-      a Council staff member.

Related Policy, Precedents and / or Statutory Requirements:

Cultural Policy

Creative Coffs Cultural Strategic Plan 2017-2022

Implementation Date / Priority:

Applicants will be notified as soon as possible following Council’s determination on this matter.

Conclusion:

The Arts and Cultural Development Grants Program is a funding initiative that assists Council to work in partnership with community groups and organisations to deliver outcomes that enhance the cultural enjoyment for the region and to support the objectives of the Creative Coffs Cultural Strategic Plan 2017-2022.

 


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SC21/41       2021/22 Donations by Council Program

Author:                        Community Planner

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              Nil

 

Executive Summary

Each financial year, Council is required under Section 356 of the Local Government Act 1993 to assess and approve applications submitted under the Donations by Council Program.

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

The suggested funding cost is $267,282 for the 2021/22 year.

 

Recommendation:

That Council:

1.       Adopt the 2021/22 Donations by Council Program (including Rates Subsidy) as detailed in the table below:

Donations and Contributions

 

Recipient

Amount($)

Donations Unallocated (Mayor)

11,500

Unallocated Community Covid-19 Recovery Donations

15,361

Westpac Rescue Helicopter

1,000

Schools Annual Presentations

6,325

North Coast Academy of Sport

6,000

Event Subsidies (Road Closures for Anzac Day Parades)

10,500

Southern Cross University Presentations

300

TAFE Presentations

300

Development Application Fees

5,000

Other Health Services – Life Education Van

4,000

Coffs Harbour City Council Academic Scholarships

6,875

Park Run Licence Fee

525

Reimbursement of Legal Fees for Lease Preparation

5,500

Variety Special Children’s Christmas Party

250

Coffs Ladies Silks Day

1,000

Coffs Harbour Agricultural Show

5,000

New Year’s Eve Fireworks

5,000

Coffs Harbour Eisteddfod

1,000

Christmas Carols

16,000

Total

102,436


Rates Subsidy – Sporting and Cultural Groups

Amount($)

Advocate Park

14,677

Sawtell Toormina Sports & Recreation Club

14,219

Coffs Harbour Rugby Club

8,790

Coffs Harbour Hockey Fields

5,625

Coffs Harbour Kart Racing Track

1,488

Coffs Harbour Motor Cycle Club

2,953

Coffs Harbour Pistol Club

650

Woolgoolga Art Group (first instalment)

1,071

Coffs Harbour & District Aero Club

3,310

Glenreagh Mountain Railway

1,769

Woolgoolga Senior Citizens Centre

5,802

Nana Glen Hall

2,346

Bonville Hall

2,300

Ayrshire Park

36

Upper Orara Hall

2,212

Upper Orara Recreational Ground

732

Eastern Dorrigo (Ulong) Hall & Showground

36

Coramba Community Centre

2,367

Lower Bucca Community Centre

732

Woolgoolga Neighbourhood Centre

4,318

Nana Glen Sportsground

768

Lowanna Hall

731

Girl Guide Associate (Waste Service)

695

Total

77,627

Rates Subsidy – Surf Life Saving Clubs

Amount($)

Coffs Harbour Surf Club

6,652

Woolgoolga Surf Club – New

13,427

Red Rock Corindi Surf Club

1,713

Sawtell Surf Club

6,927

Total

28,719

Total Rates Subsidy

106,346

Direct Subsidy to Surf Clubs

36,000

Subsidy to Woolgoolga & Sawtell Chambers of Commerce

23,500

Total Donations & Rates Subsidy

267,282

2.       Allocate additional funding of $16,217 to the 2021/22 Donations by Council Program (including Rates Subsidy), representing $15,029 from the General Fund and $1,188 from the Water/Sewer Fund.

 

Report

Description of Item:

Section 356 of the Local Government Act 1993 requires Council to annually assess and approve contributions made under the Donations by Council Program.

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

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

The following table lists the recommended recipients of the 2021/22 Donations by Council Program (including Rates Subsidy), under Section 356 of the Local Government Act 1993:

Donations and Contributions

 

Recipient

Amount($)

Donations Unallocated (Mayor)

11,500

Unallocated Community Covid-19 Recovery Donations

15,361

Westpac Rescue Helicopter

1,000

Schools Annual Presentations

6,325

North Coast Academy of Sport

6,000

Event Subsidies (Road Closures for Anzac Day Parades)

10,500

Southern Cross University Presentations

300

TAFE Presentations

300

Development Application Fees

5,000

Other Health Services – Life Education Van

4,000

Coffs Harbour City Council Academic Scholarships

6,875

Park Run Licence Fee

525

Reimbursement of Legal Fees for Lease Preparation

5,500

Variety Special Children’s Christmas Party

250

Coffs Ladies Silks Day

1,000

Coffs Harbour Agricultural Show

5,000

New Year’s Eve Fireworks

5,000

Coffs Harbour Eisteddfod

1,000

Christmas Carols

16,000

Total

102,436


Rates Subsidy – Sporting and Cultural Groups

Amount($)

Advocate Park

14,677

Sawtell Toormina Sports & Recreation Club

14,219

Coffs Harbour Rugby Club

8,790

Coffs Harbour Hockey Fields

5,625

Coffs Harbour Kart Racing Track

1,488

Coffs Harbour Motor Cycle Club

2,953

Coffs Harbour Pistol Club

650

Woolgoolga Art Group (first instalment)

1,071

Coffs Harbour & District Aero Club

3,310

Glenreagh Mountain Railway

1,769

Woolgoolga Senior Citizens Centre

5,802

Nana Glen Hall

2,346

Bonville Hall

2,300

Ayrshire Park

36

Upper Orara Hall

2,212

Upper Orara Recreational Ground

732

Eastern Dorrigo (Ulong) Hall & Showground

36

Coramba Community Centre

2,367

Lower Bucca Community Centre

732

Woolgoolga Neighbourhood Centre

4,318

Nana Glen Sportsground

768

Lowanna Hall

731

Girl Guide Associate (Waste Service)

695

Total

77,627

Rates Subsidy – Surf Life Saving Clubs

Amount($)

Coffs Harbour Surf Club

6,652

Woolgoolga Surf Club – New

13,427

Red Rock Corindi Surf Club

1,713

Sawtell Surf Club

6,927

Total

28,719

Total Rates Subsidy

106,346

Direct Subsidy to Surf Clubs

36,000

Subsidy to Woolgoolga & Sawtell Chambers of Commerce

23,500

Total Donations & Rates Subsidy

267,282

Issues:

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

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

Each year, a provision is made in the Donations by Council Program for items such as event subsidies (e.g. road closures for Anzac Day), the refund of Council Development Application Fees to not-for-profit community organisations and the reimbursement of legal fees for the preparation of leases to community organisations for Council owned property. 

Coffs Harbour City Council Academic Scholarships Program

The Harding Miller Education Foundation in partnership with Council is seeking to establish scholarships for girls from a marginalised community or First Nations background who has shown high academic potential and comes from socio-economic disadvantage.

With a commitment from Council of $20,000 for a four-year scholarship, the founders of the Harding Miller Education Foundation, Kim Harding and Irene Miller will match these funds with an additional full scholarship for a girl in the Coffs Harbour local government area and will also provide ongoing mentoring and support.  Both scholarships will be known as the Coffs Harbour City Council Academic Scholarships.

Options:

1.   Adopt the recommendation.  This option provides for the optimal distribution of donations based on the assessment process.

2.   Amend or reject the recommendation.  This may mean Council cannot distribute the donations to the community.  As a consequence, the applicant groups who applied for donations would be required to fund their projects from other sources.

Sustainability Assessment:

•     Environment

There are no perceived environmental impacts from the Donations by Council Program.

•     Social

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

•     Civic Leadership

The Donations by Council Program enables Council to identify and respond to community aspirations and ensures that Council has an equitable and transparent process to respond to request for donations.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The total cost of $267,282 is not fully provided for in the 2021/22 Operational Plan, with the recommended donations reflecting a shortfall of $16,217.

An additional budget allocation ($15,029 from the General Fund and $1,188 from the Water and Sewer Fund) is required, funded from Council’s deficit, to allocate the donations as recommended. 

The additional funding requirement is due to:

A shortfall in budget allocation:

-     provision for the Mayoral Unallocated Donations and an additional provision for anticipated lease preparation fees for Council owned properties

$4,850.00

Coffs Harbour City Council Academic Scholarships Program

$6,875.00

Additional rates and charges for the Surf Clubs and Sporting Facilities

$3,304.00

New water and sewer charges levied on Council’s Sporting Facilities

$1,188.00

Total:

$16,217.00

Should additional funding not be available, a reduction in the recommended donations by this amount will need to made.

Risk Analysis:

There are no perceived risks from this Program.

Consultation:

The Donations Committee, comprising the General Manager, Mayor and Section Leader, Community Planning and Engagement have considered the applications and support the recommended program for 2021/22.

Related Policy, Precedents and / or Statutory Requirements:

Donations Policy adopted September 2017.

Section 356 of the Local Government Act 1993 states that:

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

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

3)   However, public notice is not required if:

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

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

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

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

Implementation Date / Priority:

Donations will generally be forwarded to the recipients following approval by Council.  Some will be held until the appropriate time to forward.  In the case of Temporary Road Closures, Development Application Fees and Reimbursement of Legal Fees for Lease Preparation, costs will be allocated as they occur.

Conclusion:

The Donations by Council Program ensures that Council has a consistent, equitable and transparent process to respond to requests for donations.  All applications received, which meet the policy requirements, are given equitable consideration to ensure that the funding is allocated in the most effective manner.  This enables Council to be accountable to the community in regard to the spending of Council funds and to be transparent about the level of financial support to community events and organisations.

 


SC21/42       Coffs Harbour Heritage Strategy 2021-2024 – Post Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/42   Coffs Harbour Heritage Strategy 2021-2024

ATT2  SC21/42   CONFIDENTIAL Submissions

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

 

Executive Summary

At its Ordinary Meeting of 13 May 2021, Council resolved to endorse the draft Coffs Harbour Heritage Strategy 2021 to 2024 for public exhibition for a 28-day period.

The purpose of this report is to inform Council on the outcomes of the public exhibition process and to seek endorsement of the final Coffs Harbour Heritage Strategy 2021 – 2024 (Attachment 1).

 

Recommendation:

That Council:

1.       Endorse the Coffs Harbour Heritage Strategy 2021 - 2024 (Attachment 1).

2.       Forward a copy of the Coffs Harbour Heritage Strategy 2021 – 2024 (Attachment 1) to the NSW Department of Premier and Cabinet (Heritage NSW).

3.       Inform those whom made a submission to the draft Coffs Harbour Heritage Strategy 2021 - 2024 of Council’s decision.

 

Report

Description of Item:

At Council’s Ordinary Meeting of 13 May 2021, it was resolved that Council:

1.     Endorse for public exhibition the draft Coffs Harbour Heritage Strategy 2021 – 2024 for a 28-day period (Attachment 1).

2.     Note the summary of heritage strategy performance 2017 - 2020 (Attachment 2).

3.     Note that a further report will be brought back to Council for consideration following public exhibition of the Coffs Harbour Heritage Strategy 2021 – 2024.

In accordance with Item 1 of that resolution, public exhibition of the draft Coffs Harbour Heritage Strategy was undertaken from 24 May to 21 June 2021. The purpose of this report is to inform Council on the outcomes of the public exhibition process and seek endorsement of the Coffs Harbour Heritage Strategy 2021 – 2024 (Attachment 1).

Issues:

At the conclusion of the public exhibition period for the draft Coffs Harbour Heritage Strategy 2021 – 2024, Council had received four public submissions (Attachment 2). A summary of the issues raised by submissions to the draft strategy is as follows:

Review of Local Heritage Fund

Recommendation number five within the strategy recommends a local heritage incentives fund to provide small grants to encourage local heritage projects. One submission queries whether there is a review process or follow up mechanism to determine if such grants are being spent in accordance with the recommendation and objectives of the strategy.

As part of the conditions of approval associated with the annual funding provided by the NSW Government, Council is required to report annually on the implementation of its heritage strategy to Heritage NSW. Part of this process includes an annual acquittal of Council’s local heritage grants (fund) program, which is required to demonstrate that Council’s program aligns with the outcomes associated with the recommendation of the strategy. On this basis, no changes to the Heritage Strategy have been made in response to this submission.

Inclusion of Aboriginal Cultural Heritage

Recommendation number two within the strategy references the progression of the Coffs Harbour Aboriginal Cultural Heritage Planning and Assessment Toolkit project in partnership with the NSW Government and Coffs Harbour and District Local Aboriginal Land Council. This is an ongoing Council led project that seeks to identify known and predictive Aboriginal cultural heritage within the Coffs Harbour Local Government Area and to put into place appropriate planning processes to assist in the protection of Aboriginal cultural heritage.

One submission notes the importance of acknowledging Aboriginal cultural heritage within the strategy and the importance of including local people of Aboriginal heritage in the development of such strategy. On this basis, no changes to the strategy have been made in response to this submission.

Heritage Considerations for Sawtell

The strategy addresses urban design considerations and positive management of local heritage at a high level, through recommendation three (increased community participation) and recommendation four (positive heritage and urban design management). One submission objects to the visual impact associated with the proliferation of advertising signage within the Sawtell Heritage Conservation Area. The submission author suggests that the strategy should address this issue and require the immediate removal of offending signage.

The installation of signage is largely controlled by State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and to a lesser extent, Coffs Harbour Development Control Plan 2015. Non-compliance with such planning controls is a compliance matter that cannot be addressed by the strategy. On this basis, no changes to the Heritage Strategy have been made in response to this submission.

Objection to Heritage Listing

Recommendation number two within the strategy includes identifying, surveying and putting into place measures to legally protect all known heritage items in the Coffs Harbour Local Government Area. One submission reiterates a previous objection lodged during the public exhibition of the Coffs Harbour Community Based Heritage Study in 2015. The previous objection specifically relates to the potential heritage listing of the submission author’s property.

Council’s actions to be undertaken in response to this recommendation do not include the listing of any specific heritage items to Schedule 5 (Environmental Heritage) of Coffs Harbour Local Environmental Plan (LEP) 2013. An LEP amendment process relating to this recommendation would be the subject of a separate process and associated report to Council. The public exhibition stage of any such LEP amendment process would be the appropriate time to lodge such an objection. On this basis, no changes to the strategy have been made in response to this submission.

Miscellaneous Matters

Two updates have also been made to the draft document by staff, as follows:

-     The draft strategy as exhibited referred to the ‘Draft Community and Cultural Facilities Plan’. This plan was adopted by Council on 11 March 2021 and is therefore no longer a draft document. The strategy has been amended to reflect this.

-     Item 2 of Council resolution SC20/59 from Council’s Ordinary Meeting on 22 October 2020 resolved that Council “Advocate for the inclusion of the South Solitary Island Lighthouse Optic in future plans for the Coffs Harbour Jetty Foreshores precinct, so it can be put on public display at that location within a suitable facility to support and interpret this heritage object and to make it readily accessible to both residents of and visitors to the city.”  An additional action has been included within recommendation number eight of the final strategy to ensure that Council advocates to the NSW Government on the heritage significance of the South Solitary Island Lighthouse Optic to ensure that its significance is made accessible to residents and visitors to Coffs Harbour, as part of the Jetty Foreshores redevelopment.

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.   Resolve to undertake an alternative approach.

3.   Resolve not to adopt the recommendations of this report.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The recommendations and actions contained within the Coffs Harbour Heritage Strategy 2021 – 2024 are unlikely to result in any adverse environmental impacts.

•     Social

The Coffs Harbour Local Government Area includes European heritage items from the mid-19th century, as well as Aboriginal cultural heritage from a much earlier period. Many of these items provide first-hand information about how Coffs Harbour developed, who played a part in this development, how they lived their lives and how they built their living environment. These items provide Coffs Harbour with its natural and built heritage and are therefore worthy of passing on to future generations. Conserving our heritage helps us to understand our past and to contribute to the lives of future generations. It gives us a sense of continuity and belonging to the place where we live.

•     Civic Leadership

Council’s strategic planning documents help to ensure transparency and accountability in local government. Their implementation enables Council to identify and respond to community issues and concerns. A better understanding of our heritage helps us to understand our past and to contribute to the lives of future generations. The Coffs Harbour Heritage Strategy 2021 – 2024 supports the MyCoffs Community Strategic Plan by enriching cultural life and promoting development that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

Maintaining and promoting heritage items and cultural heritage awareness can provide scope for the employment of people with specialist skills and training in this field. Maintenance of heritage items, conservation areas and the celebration of Aboriginal cultural heritage can be beneficial to the local economy and add value to initiatives such as NAIDOC Week, the Sawtell Chilli Festival, Bale Out, and the Woolgoolga CurryFest.

•     Economic - Delivery Program/Operational Plan Implications

Council has allocated $29,900 in its current Operational Plan for its heritage program. The following financial assistance has been provided to Council by the NSW Government (Heritage NSW) for the 2020/21 financial year:

-     $1 for $1 grant per year for the heritage advisory service.

-     $1 for $1 grant per year for the local heritage fund.

Heritage NSW has recently approved the continuance of this joint funding arrangement for the 2021 - 2023 period at the same $1 for $1 rate. However, it should be noted that continued funding from the NSW Government relies upon the adoption of a heritage strategy for the 2021 to 2024 period (the subject of this current report to Council).

Risk Analysis:

The evolution of Council’s heritage strategy over the last seventeen years has involved significant community engagement. The Coffs Harbour Heritage Strategy 2021 – 2024 has been subject to community consultation via Council’s Have Your Say Page. Issues raised by submissions made to the draft strategy are discussed in this report and have been taken into consideration in finalising the strategy to minimise Council’s risk.

Consultation:

Public exhibition of the draft strategy was undertaken from 24 May to 21 June 2021. Four public submissions were received during the public exhibition process (Attachment 2). The issues raised by all submissions are addressed in the Issues section of this report. Consultation has been undertaken in accordance with Council’s Community Participation and Engagement Plan 2019, as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Public Exhibition

x

x

Post Exhibition Report to Council

x

x

 

 

Post Endorsement Notification

x

 

 

Place Score:

In early 2019, Council undertook extensive community consultation using the Place Score place-making tool. This ‘place experience’ measurement tool enabled residents and visitors within the Coffs Harbour Local Government Area to share what they most value in their neighbourhood and then to rate how their neighbourhood is performing against such values. The 2019 Place Score report was presented to Council on 11 April 2019. The Coffs Harbour Heritage Strategy 2021 – 2024 will assist in meeting the community’s values in relation to heritage within the Coffs Harbour Local Government Area.

Related Policy, Precedents and / or Statutory Requirements:

The Coffs Harbour Heritage Strategy 2021 – 2024 has been developed in accordance with relevant legislation such as the Heritage Act 1977, Environmental Planning and Assessment (EP&A) Act 1979 and Local Government Act 1993.

Implementation Date / Priority:

Should Council resolve to endorse the Coffs Harbour Heritage Strategy 2021 – 2024, it will be effective immediately and will be forwarded to the Department of Premier and Cabinet (Heritage NSW) as required by the joint funding agreement with Heritage NSW.

Conclusion:

The Coffs Harbour Heritage Strategy 2021 – 2024 outlines the framework in which Council’s heritage program will continue to operate over the 2021 to 2024 period. A review of Council’s current heritage program demonstrates its success in maintaining and promoting heritage within the Coffs Harbour Local Government Area. Continued funding from the NSW Government is reliant upon Council having a heritage strategy in place.

The purpose of this report is to inform Council of the issues raised during public exhibition of the draft strategy and to seek endorsement of the final Coffs Harbour Heritage Strategy 2021 – 2024.

 

 


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SC21/43       Affordable / Social Housing Policy - Project Scope

Author:                        Section Leader Local Planning

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  SC21/43   Proposed Affordable Housing Scope of Works  

 

Executive Summary

At its meeting of 13 May 2021, Council resolved to investigate the opportunities and constraints which shape Council’s ability to participate in the provision of affordable and/or social housing, including a review of case studies undertaken by local government elsewhere.

Further, at its meeting of 24 June 2021, Council resolved to receive a report on a budget allocation to resource the development of a policy and direction for affordable housing within the Coffs Harbour LGA.

Accordingly, this report provides an estimated scope of work (Attachment 1) in response to these resolutions.

 

Recommendation:

That Council:

1.    Endorse the project scope for the development of an Affordable/Social Housing Policy (Attachment 1).

2.    Consider the allocation of $110,000 at the next quarterly budget review to progress the development of an Affordable/Social Housing Policy.

 

Report

Description of Item:

At Council’s Ordinary Meeting of 13 May 2021, it was resolved that Council:

1.   Recognise that local government can play a role in the provision of affordable housing and/or social housing; and

2.   Review case studies of other Local Government Areas who have made effective advancements in social and/or affordable housing; and

3.   Commence investigation of the opportunities and constraints which shape Council's ability to participate in provision of affordable and/or social housing; and

4.   Provide a report back to Council.

Further, at Council’s Ordinary Meeting of 24 June 2021, it was further resolved that Council:

1.   Adopts the 2017-2022 Delivery Program (Year 5) (Attachment 1), 2021/22 Operational Plan (Attachment 2), 2021/22 Delivery Program Budgets (Attachment 3); and 2021/22 Fees and Charges (Attachment 4).

2.   Request a report be presented to Council to look at the possibility within the process that may allow the addition of a further line item addressing such matters as waiving fees on use of public facilities.

3.   Request a report be presented to Council on a budget allocation to resource the development of a policy and direction for affordable housing.

4.   Inform persons who made submissions of Council’s decision.

This report provides an estimated project scope to develop affordable/social housing policy directions for Council (Attachment 1).

The scope of work includes an interim policy to be developed prior to the completion of the entire scope of work. This has been built into the first stage and will be focussed around advocacy and support for stakeholders and government agencies to provide short term solutions. 

The scope of work also includes a larger body of work to provide a definition of affordable and social housing and an analysis of the associated issues; an analysis of the roles of different levels of government, with a focus on responsibility at the local government level; a review of case studies of other LGAs who have made effective advancements in social and affordable housing; a market feasibility analysis; an investigation of the opportunities and constraints which shape Council's ability to participate in provision of affordable and/or social housing; and a policy direction and implementation plan for Council.

Issues:

The issues around provision of social housing and affordable housing are complex. Traditionally, these issues have been more the responsibility of state governments than local governments. The private sector has not been well equipped to deliver affordable housing at a large scale. The Australian Housing and Urban Research Institute (AHURI) regularly publishes research about how governments have sought to increase the supply of affordable housing across the continuum of housing needs (from social housing to affordable rental and home ownership), and the implications for transferring policy and practice to different jurisdictions and market contexts.

Direction 25 of the North Coast Regional Plan 2036 requires councils to deliver opportunities for affordable housing. In 2020, Coffs Harbour City Council adopted its Local Growth Management Strategy 2040, which includes a housing strategy that identifies the issue of housing affordability within the LGA and which promotes the facilitation of infill development to meet the forecast housing demand within the LGA for the next 20 years. This strategy has been endorsed by the NSW Government as being in accordance with Direction 25 of the North Coast Regional Plan 2036.

The project scope will need to delve into the issues as they relate to Coffs Harbour, and more particularly how these issues can be addressed at the local government level. The suggested project scope (Attachment 1) aims to provide a short term policy response and work through these complexities to analyse the spectrum of involvement that local government can influence. It allows for workshopping with Council and the community to identify a set of principles or values which can be agreed as the direction for the policy.

It is also proposed that the project scope include an analysis of property economics and feasibility in the local LGA context. Development is a market driven process which is subject to many factors. Landowners and property developers develop housing in response to market conditions – the market decides how fast to build and planning regulates where to build. Council’s adopted Local Growth Management Strategy 2040 has established that there are sufficient landstocks, zone and height capacity to meet housing supply needs, however the rate of supply to market is lagging. The project scope has been designed to provide Council with an understanding of the type of economic incentives which might be necessary for consideration to achieve the adopted infill model for the city.

The project scope has also been designed to result in the development of policy directions and implementation actions to provide Council with a way forward to achieving its identified principles in relation to this issue. Some possibilities for Council could include advocacy, provision of research and information, changes to planning policies, land acquisition and development, and voluntary financial incentives to the development industry such as additional density provisions or rates and/or development contribution concessions.

It should be noted that homelessness is not included within the scope of this project. It is recognised that homelessness in the community is an outcome of issues in housing affordability, housing supply and adequacy of social housing in the region. In recognition of this increasingly emerging issue, Council is examining options with regard to homelessness and beginning to work closer with the homelessness service sector to advocate for improving outcomes for the community with regard to homelessness and people at risk of homelessness.

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.   Resolve to undertake an alternative approach.

Option 1 is recommended as the suitable course of action in the development of an affordable housing policy for the LGA.

Sustainability Assessment:

•     Environment

Council’s adopted Local Growth Management Strategy 2040 includes a housing strategy that identifies the issue of housing affordability within the LGA and which promotes the facilitation of infill development to meet the forecast housing demand within the LGA for the next 20 years. The adopted compact city model will ensure that the urban footprint expansion will be contained to protect the local environment.

•     Social

The issues around affordable and social housing in the context of the Coffs Harbour LGA will be addressed during the development of this project. This is consistent with the MyCoffs Community Strategic Plan strategies A1.2, A1.3 and B1.2; Objective P5 of Council’s Local Strategic Planning Statement (and actions A5.1, A5.2, A5.3 and A5.4); and Council’s adopted Local Growth Management Strategy 2040.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

Broad economic implications will be assessed during the development of the policy document.

•     Economic - Delivery Program/Operational Plan Implications

The complex nature of this project will require a number of steps to be taken during the development of the policy and implementation plan (Attachment 1). It is estimated that this work will be undertaken by an experienced consultant. It is estimated that $110,000 is required to complete this project. No funds are currently available within Council’s 2021/22 Delivery Program Budgets. It is proposed that Council consider funding this project at the next quarterly budget review.

The quarterly budget review will need to analyse any potential increase in additional service cost against the Council’s overall financial position.

Risk Analysis:

Council staff are not specialists in this field, because traditionally these issues have been more the responsibility of state governments than local governments. As this is a complex topic, it is proposed that the work be undertaken by experienced consultants who are skilled in understanding the issues. This will reduce the risk to Council that opportunities are missed during policy development.

Consultation:

Should Council resolve to proceed with this project, consultation will be undertaken in accordance with Council’s Community Participation and Engagement Plan, as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Stage 1: Define the Issues

x

x

 

 

Stage 2: Adopt Principles for Policy Direction

x

x

 

 

Stage 3: Outline Possible Spectrum of Involvement

x

x

x

 

Stage 4: Formulate Draft Policy and Implementation Plan

x

x

 

 

Stage 5: Exhibition of Draft Documents

x

x

 

 

Stage 6: Finalise Policy and Implementation Plan

x

 

 

 

Place Score

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool to understand community priorities and values. The Coffs Harbour LGA received a Place Score of 65, which is below the NSW average of 72. Liveability improvement priorities were highlighted in the results as the importance of quality public space, and connectivity of housing to public spaces.

Related Policy, Precedents and / or Statutory Requirements:

-     North Coast Regional Plan 2036 - Direction 25.

-     My Coffs Community Strategic Plan.

-     Coffs Harbour Local Strategic Planning Statement 2020.

-     Coffs Harbour Local Growth Management Strategy 2040.

-     NSW Environmental Planning and Assessment Act 1979 - Section 7.32 & Section 7.11.

-     NSW State Environmental Planning Policy (Affordable Rental Housing) 2009.

-     NSW State Environmental Planning Policy 70 Affordable Housing (Revised Schemes).

Implementation Date / Priority:

The project will commence immediately when funding is allocated to it.

Conclusion:

This report provides an estimated project scope and recommended budget to develop affordable/social housing policy directions for Council, including an interim policy.

The project will be focussed around opportunities and constraints to provide affordable and/or social housing, including a review of case studies undertaken by local governments elsewhere.

 

 


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NOM21/16   Woolgoolga Whale Trail

Attachments:          Nil

 

Motion:

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

"That Council:

Begin construction of the Woolgoolga Whale Trail project to ensure completion by November 2021 including the following elements:

1.       Alignment of the trail to follow the community's preferred choice.

2.       Cantilever portion prior to and on corner of Pollack Esplanade, including:

a.       Boardwalk continuing further away from road edge, through vegetation, ensuring alignment for best outcomes of pedestrian safety.

b.      In line with Council's current policies, also include road side standard footpath and curb and guttering of Pollack Esplanade eastern road side to existing headland walking path.

c.       Prioritise materials in line with Woolgoolga Town Masterplan palette including timber, natural (or appropriate composite replica) coastal style elements.

3.       Work with Whale Trail working group and other interested stakeholders in the placement of viewing platforms to be added at a later date pending available funding.

4.       Actively support organisations undertaking grant funding to further enhance "Woolgoolga's Iconic Whale Trail" tourist attraction in line with Woolgoolga's Town Master Plan and original Federal Funding application."

 

Rationale:

“Extensive community consultation has been undertaken regarding this project. Overwhelmingly the community indicated the "off road" alignment was the preferred option. Environmental reports and guidelines support the ability to rehabilitate any disruption to existing vegetation. The original budget submitted with the grant funding indicates sufficient allocations for the above elements to be completed. There are a number of budgeted items that have been removed from the original agreement, further ensuring the core elements the community values can be successfully delivered. This project is in line with the Woolgoolga Town Masterplan and delivery of this project in the suggested layout mirrors the schematic images presented in the plan and submitted with the funding request. Acknowledging detailed design can impact project deliverables, capacity exists to honour the original published intent and as such this should be our priority.”

Staff Comment:

The following summary information is provided for the consideration of Councillors:

·        A requirement to accommodate practical completion of the Whale Trail project by 30 October 2021 may not be achievable given that additional time would necessarily be consumed in the redesign of the project elements related to the boardwalk’s new resolved location, and in conducting a new round of community consultation of the new design in accordance with current policy/practice on such matters.

·        A requirement to accommodate practical completion of the Whale Trail project by 30 October 2021 is likely to negatively impact the flow, and cost, of other planned projects in order to accommodate the necessary acceleration.

·        For the purposes of this further comment it is assumed that the use of the words “Alignment of the trail to follow the community's preferred choice” in the NOM refers to a new boardwalk location which is aligned through the cliff top vegetation in that area rather than the planned alignment which is currently designed behind the kerb and not through the vegetation.

The Whale Trail Project is a Council infrastructure proposal which is subject to Part 5 of the NSW Environmental Planning and Assessment Act. The draft Part 5 assessment for the Whale Trail project has already identified that the placement of a boardwalk through the vegetation along the north western cliff edge is ‘likely to have significant impacts’ in environmental terms. For that reason the project has been specifically designed to ensure the boardwalk does not impact the vegetation in that area.

If Council is to proceed with the investigation of a boardwalk through the vegetation on the cliff top in the knowledge that it is ‘likely to have significant impacts’ then the EP&A Act imposes a requirement to complete a different process which is encompassed by the preparation and then public exhibition of a deeper and more lengthy Environmental Impact Assessment.

This additional process would bring forth three additional areas of project risk:

1.       The project may ultimately not be given consent to proceed at all as an EIS outcome is dependent upon receiving Determining Authority consent following the public exhibition period; and

2.       The project will be more costly; and

3.       The project delivery timeline will be increased by an extent that it is not possible to achieve project completion by the 30 October 2021 deadline.

 

 


NOM21/17   Summary of Actions Relating to Waste Management in the Coffs Harbour LGA

Attachments:          Nil

 

Motion:

Councillors Swan and Townley has given notice of their intention to move the following:

"That Council:

From 2018 to present, provide a chronological list of discussions, negotiations, offers, tenders and current contracts between Coffs Harbour City Council and,

a.       Biomass

b.      Handybin

c.       EPA

d.      Tripartite agreement members – Bellingen and Nambucca Councils

e.       All other relevant parties including local government areas, government agencies and private operators.

NB: All above mentioned interactions, including those deemed to be “confidential” are to be signed off as accurate representations by all parties involved.

2.       Provide details of Council’s total legal costs, including legal fees, advice, contract management, participation in arbitration process and any costs awarded against council. Present a comparison between above costs versus cost of proceeding with the original tender and agreement. This should encompass all elements of the original agreement including curb side collection, container deposit scheme, MWOO and any other component not captured here.

3.       Make available to the public and Councillors,

a.       A copy of the “Coffs Coast Regional Resource Recovery and Waste Management Strategy 2015 – 2027” along with Coffs Harbour City Councils Waste Strategy.

b.      An analysis of the actions and outcomes from the above documents and their status of achievement.

c.       Waste educational campaigns and initiatives undertaken or proposed, including budget allocated to and spent on waste education.

4.       Present future waste options currently being investigated including plan for actively engaging the community and relevant stakeholders in opportunities for input in designing our future waste management and education.

5.       Provide a report on the performance of the current bulky goods collection process. Including number of vouchers used, number of paid collections used and total tonnages collected.

6.       Prepare a list of council resolutions relating to waste in the previous and current terms of council and the status of their implementation. "

 

Rationale:

“Waste management is a core Local Government responsibility and has a significant financial impact on our operating capacity. Presently we are experiencing some challenging situations regarding current and future waste operations. As such, it is important to have a clear and accurate picture of the environment we are operating in and be best placed to ensure sustainable practices moving forward.”

Staff Comment:

The Notice of Motion requires an expansive body of very detailed work be undertaken. Much of that work will entail the duplication of work already done and reported to Councillors via previously issued briefing notes, councillor briefings, legal party briefings and reports. Significant staff resource would be consumed to that end.

The Notice of Motion contains a number of directives that, whilst they would be faithfully attempted by staff, are either most likely impossible to deliver or are conversely unable to be complied with.

An example includes the Notice of Motion directive for staff to gain the signed confirmation (which presumes a consensus) of parties regarding all previous discussions, negotiations and offers between parties when at least four of those parties remain in current dispute because there is no consensus on the matters of interest.

A second example is that the ‘confidential’ matter alluded to in the NOM is well understood to be circumscribed by the Arbitration Rules from being freely distributed or discussed amongst the parties.

Also of note is the Councillor Briefing already arranged for Tuesday 27 July which, as advised to Councillors, will itself canvass a significant amount of the matter raised in the Notice of Motion.

 

 


NOM21/18   Compensation from the NSW State Government re the Failed Mixed Waste Scheme

Attachments:          Nil

 

Motion:

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

1.         "Council enter into negotiations for compensation from the NSW State Government for assurances provided to council that encouraged Coffs Harbour Council to participate in the failed mixed organic waste scheme.

2.         Coffs Harbour Council make representations that State Government lands at the Coffs Harbour Jetty Foreshores being relinquished could potentially be considered as part of compensation package to the community of Coffs Harbour."

 

Rationale:

“This scheme has ultimately failed at substantial cost to Coffs Harbour Council. This failure has been no fault of Coffs Harbour Council. The Coffs Harbour Council have participated in good faith.

All other participating councils in NSW have received ongoing support to mitigate the financial impact of the failed mixed organic waste scheme. Coffs Harbour Council are unable to influence this outcome and are at a disadvantage until 2027.”

Staff Comment:

Representations can be made, however clarification of which land parcels are being referred to in the phrase State Government lands at the Coffs Harbour Jetty Foreshores being relinquished” would be required.

 

 


SI21/14         Traffic Committee Meeting 15 June 2021

Author:                        Senior Engineering Officer - Traffic

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SI21/14    Traffic Committee Minutes 15 June  2021

ATT2  SI21/14    Traffic Instruments T.12-2021 to T.25-2021  

 

Executive Summary

The Local Traffic Committee (LTC) Meeting minutes of 15 June 2021 are presented to Council for noting. Eleven of the nineteen recommendations were items requiring action by Council (such as the installation of signage) and were of a minor nature and were therefore approved under the delegated authority issued by Council. The remaining eight items were items not requiring further action by Council such as event approvals, or requests which were not supported by the LTC. The details of those items are contained in the attached minutes.

 

Recommendation:

That Council:

1.    Note the Traffic Instruments T.12–2021; T13, T14, T15, T16, T17, T19, T20, T21, T22 and T25–2021 (Attachment 2) which were approved under delegated authority.

2.    Note the outcomes contained in Minutes.

 

Report

Description of Item:

Council is the recipient of delegations under the Roads Act 1993. Prior to exercising any of these delegations Council is required to seek the advice of the NSW Police and the Transport for NSW (TfNSW). The requirement to seek advice is satisfied by Council utilising the Local Traffic Committee.

In cases where the Local Traffic Committee advice is unanimous (as it was for all items covered in this report) and Council intends to follow that advice (which in this case it does), Council may authorise the implementation of the traffic facility or device which is the subject of that advice forthwith without further notifying TfNSW or the NSW Police.

Issues:

This report advises that all current matters have been dealt with by the LTC.

Options:

If Council wishes to act contrary to unanimous LTC advice, then Council must notify in writing, both the NSW Police and the TfNSW representatives on the LTC.  Council must then refrain from taking any action for 14 days so that the NSW Police or the TfNSW is given an opportunity to appeal to the Chairperson, Regional Traffic Committee should they so wish.

In the case of such an appeal, the decision of the Chairperson, Regional Traffic Committee is binding and final for matters under the Road Transport (Safety and Traffic Management) Act 1999.

Sustainability Assessment:

•     Environment

There are no environmental considerations as part of this report.

•     Social

The recommendations in the report serve to improve road safety and traffic flow in the Local Government Area.

•     Civic Leadership

Council is responsible for the safe and efficient operation of the local traffic facilities, recommended by the LTC.

Safe and efficient traffic facilities are in line with several objectives of the MyCoffs Community Strategic Plan including:

-  A.2 An Active, Safe and Healthy Community

-  C.1 Liveable neighbourhoods with a defined identity

-  D.2 We have effective use of public resources

•     Economic – Broader Economic Implications

There are no Broader Economic Implications applicable as part of this report.

•     Economic - Delivery Program/Operational Plan Implications

No implications arise as Council has an existing budget for the minor works associated with all traffic improvements which flow from the recommendations of this LTC meeting.

Risk Analysis:

No implications arise as Council has an existing budget for the minor works associated with all traffic improvements which flow from the recommendations of this LTC meeting.

Consultation:

The Local Traffic Committee members’ attendance is listed on the LTC Minutes of 23 February 2021 meeting.  Most of the matters raised were requests from the community. Relevant stakeholders were consulted.

Related Policy, Precedents and / or Statutory Requirements:

Traffic control facilities and prescribed traffic control devices may be authorised for use on a road or road related area, whether a public road or on private land, only by the TfNSW or Council.

Traffic may be regulated for various purposes by means of notices or barriers erected by a road authority.

Section 50 of the Transport Administration Act 1988 permits TfNSW to delegate its functions to other public agencies such as Councils.

Section 53A Part 6 permits TfNSW to give directions to councils in relation to TfNSW functions.

The Road Transport (Safety and Traffic Management) Act 1999, incorporating the Road Rules 2008 provides for a system of traffic laws relating to all vehicles and pedestrians.

Implementation Date / Priority:

Road related modifications will be listed in the works program for installation within two months of the Council meeting.

Conclusion:

It is recommended that Council notes the meeting minutes of the Local Traffic Committee Meeting on 15 June 2021 and notes that LTC Items T.12, T13, T14, T15, T16, T17, T19, T20, T21, T22 & T.25 have been approved by the Director of Sustainable Infrastructure.

 

 


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SI21/15         Regional Water Supply Essential Energy Agreement

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI21/15    CONFIDENTIAL Regional Water Supply Essential Energy Agreement - Confidential Report

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

 

Executive Summary

At its meeting of 11 February 2021 Council considered report DSI 21/01 Water Security Negotiations regarding the problematic external ownership arrangements of various critical components of the Regional Water Supply Scheme (RWSS).

The report discussed that the two RWSS partner councils’ raw water supply is significantly dependent upon the Nymboida River water source via the Shannon Creek Dam. The report also discussed the ongoing issue that the water licence and water access assets upon which both the Clarence Valley and Coffs Harbour communities relied actually resided within the historical ownership and control of Essential Energy.

Consequently, Council authorised the General Manager to provide support and assistance to Clarence Valley Council in order to assist in concluding a Memorandum of Understanding between CVC and Essential Energy (“the MoU”) to effect a transfer of ownership of the critical Nymboida Water Supply assets to CVC.

NSW Treasury Guidelines require that the transfer of such assets (i.e. non-tradeable) must meet certain stipulated ‘fair value’ methodology tests during any transfer process. The transfer process has now reached a stage where this final test has been met.

Council’s resolution to the initial Report on this matter (DSI 21/01) noted that a further report containing details of any future fair value agreement would be presented for Council’s consideration before proceeding further. CVC, with CHCC’s involvement and support, and Essential Energy have now agreed to a fair value for the Nymboida assets and the agreement is now presented for Council’s further consideration.

Final agreement on all key aspects has now been achieved between the parties. The final step is to gain the formal consent of Clarence Valley Council and the Essential Energy Board to conclude the transaction to transfer the assets to Clarence Valley Council ownership.

This report updates Council on the key elements and structure of the transfer.

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

The MoU discussed above has been actioned by CVC and Essential Energy to prepare for the transfer of the Nymboida Weir, Tunnel, Pipeline and Power Station assets (and associated properties and easements) to Clarence Valley Council.

The last stage of this work is for both Clarence Valley Council and the Essential Energy Board to now consider and to consent to the arrangements.

Progress has been overseen by a Steering Committee comprising the General Managers of both Clarence Valley and Coffs Harbour City Councils and Essential Energy’s Executive Manager Engineering. 

Issues:

Refer to the Confidential Attachment 1.

Options:

Council’s key options are:

1.   Adopt the recommendation.

2.   Amend the recommendation.

3.   Decline the recommendation.

Sustainability Assessment:

•     Environment

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

•     Social

Beyond ameliorating existing risks to the water security stance of Council, 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

In general terms Council, as one of the two RWSS partners, will directly benefit from the transfer of the critical water supply assets into the care and control of CVC. As a consequence, it is most likely that Council will receive a future request from its RWSS partner to consider its reasonable share of the costs of ownership which will be now be incurred by CVC on behalf of both councils.

Further analysis of this matter is provided in Confidential Attachment 1.

Economic - Delivery Program/Operational Plan Implications

Refer to the Confidential Attachment 1.

Risk Analysis:

The proposed asset transfer from Essential Energy to Clarence Valley Council effectively brings the control of critical water supply assets and water access rights under the direct ownership of the Clarence Valley Council and elevates the current level of water security for the communities of the RWSS partners.

 

Consultation:

Very significant and prolonged consultation has been undertaken between the RWSS partners, Essential Energy and relevant State Agencies including NRAR and NSW Treasury.

Related Policy, Precedents and / or Statutory Requirements:

The valuation methodology has been agreed to by NSW Treasury.

Implementation Date / Priority:

Immediate.

Conclusion:

This report recommends that Council adopt the recommendation as presented.

 


SI21/16         Contract No. RFT-1399-TI Waste Transport and Disposal of Mixed Waste Organic Output

Author:                        Team Leader Waste Services

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI21/16    CONFIDENTIAL Contract No. RFT 1399-TI Waste Transport and Disposal - Tender Assessment

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

As a consequence of the NSW Government’s revocation of the Exemption for Mixed Waste Organic Output (MWOO) in October 2018 the overall cost of managing the Red Bin waste service in Coffs Harbour increased because MWOO was no longer able to be applied to land and as a consequence was required to go to landfill. As a result of the NSW Government’s decision to no longer support MWOO processing, two new and additional cost drivers were automatically imposed on the MWOO process in the form of:

-        The additional per tonne cost of having to transport MWOO to a landfill; and

-        The additional per tonne cost of having to pay a landfill gate fee for MWOO.

In the period between October 2018 and January 2021, when the imposed MWOO transport and disposal process was outside of the direct control of Council, the combined impact of the two cost drivers above was an additional average cost increase of $246.00 (incl GST) per tonne of MWOO.

During the period prior to 26 January 2021 these additional costs were initially entirely borne by the NSW State Government, and later, partly borne by the MWOO producer and partly borne by Council.

Given that the current Red Bin system produces approximately 11,000 tonnes of MWOO annually, this equated to a total cost increase to Council, post 26 January 2021, of approximately $2.7m per annum compared with the costs of the Red Bin service prior to the NSW Government’s MWOO decision. 

In January 2021, when Council was able to take sole and direct control of the MWOO transport and disposal process for the first time, Council was able to work with local transport firms and Tamworth Council (the landfill provider) to achieve an immediate cost reduction of approximately 9% down from $246 to $226 per tonne. This outcome reduced Council’s annual additional costs by approximately $220,000 per annum down to $2.5m from the original $2.7m.

This report requests that Council now consider a further opportunity to reduce the transport and disposal costs of MWOO by a further 49% down to an average cost of $114 per tonne of MWOO.

The recommendation, if adopted, would see Council’s additional MWOO-related costs fall by a further $1.2m per annum, to an expected annual cost of $1.3m, down from the initial $2.7m.

For clarity, the recommendation involves the transport of MWOO to South East Queensland for disposal during the period of the contract.

 

Recommendation:

That Council considers the tenders received for the provision of Waste Transport and Disposal of Mixed Waste Organic Output Contract No. RFT-1399-TI, and adopts the recommendation in the Confidential Attachment.

 

Report

Description of Item:

Since 26 January 2021, under Contract RFQ-1333-QI, Coffs Harbour City Council (Council) has been responsible for the transport of Mixed Waste Organic Output (‘MWOO’) from the Biomass Solutions Facility located at Englands Road.

The existing transport contract which Council put into place in January this year currently expires on 29 August 2021.

In order to secure a long term ‘MWOO’ transport and disposal solution to replace the current arrangements Council released an Expression Of Interest (EOI) with a Part A (Haulage) and Part B (Disposal) for MWOO (EOI-1379-TO). The EOI was released via TenderLink in a public open tender on the 15 April 2021 and which closed on the 6 May 2021.  A non-mandatory site inspection was offered on the 4 May 2021, however no companies requested attendance. 

A total of 9 submissions were received from the market.  An evaluation for EOI-1379-TO was held on the 1 June 2021 and the panel recommended that six companies proceed to the next stage of a select RFT. 

The offered contract term is for a one year with a possible two year extension.  Council has the option to engage one company to transport and dispose of MWOO (i.e. Part A and B) or to engage two separate companies (i.e. Part A and Part B separately). RFT-1399-TI closed on the 8 July 2021.

The tenders have been evaluated on the following criteria:

·     Tender price

·     Demonstrated company experience, capability and references

·     Capacity and current commitments

·     Understanding of the scope and requirements

·     WHS, environment and quality management

Seven (7) tenders in total were received from:

·     BMI Group Pty Ltd

·     Crampo’s Tippers Pty Ltd

·     MI Organics Pty Ltd

·     Remondis Pty Ltd

·     Tamworth Regional Council

·     T’G Jung Quarries Pty Ltd

·     Veolia Pty Ltd

All companies provided compliant tender submissions.

Issues:

In October 2018, the NSW Environmental Protection Authority (EPA) revoked all of the Resource Recovery Orders and Exemptions specifically related to ‘MWOO’.  This meant that ‘MWOO’ products were no longer allowed to be applied to land and must therefore be disposed of to a licenced landfill.

Following that decision, the costs of the MWOO process effectively increased by the newly imposed costs related to the necessary transport and disposal of the MWOO.

Options:

1.       Adopt the recommendation in the Confidential Attachment. This would allow for the engagement of a waste transport and disposal contractor and secure a better value for money long term option for waste transport and disposal. The recommended option includes the disposal of MWOO at landfill in SE Queensland.

2.       Reject the recommendation in the Confidential Attachment and call new tenders. This is not seen to provide an advantageous result for Council as the market has already been tested through an open EOI process. In addition, the existing arrangements would require an extension of time.

3.       Reject the recommendation in the Confidential Attachment and initiate an alternate course of action.

Sustainability Assessment:

•     Environment

The proposed contract will not have any adverse impacts on the environment.

All respondents must demonstrate an understanding of the projects’ environmental requirements and provide information on the company’s environmental policy and environmental management systems.

The EOI evaluation criteria included consideration of environmental management, including ensuring all respondents are appropriately licenced.

•     Social

The engagement of a logistics and waste disposal company will ensure that ‘MWOO’ (and potentially future other general waste streams) can be disposed of to a licenced facility.

•     Civic Leadership

The continued operation of municipal waste systems is a regulatory function of local government within NSW.

The engagement of the recommended supplier/s outlined in the Confidential Attachment will address matters outlined in the following strategy of the Community Strategic Plan:

-       We use resources responsibly to support a safe and stable climate (C.2.2).

•     Economic – Broader Economic Implications

The services will support local employment.

•     Economic - Delivery Program/Operational Plan Implications

The recommendation will provide reductions from the current costs for transport and disposal of ‘MWOO’. All Tender prices received are within Council’s existing applicable budgets.

Risk Analysis:

The major risk that has been identified and evaluated is that of process compliance with the Local Government Act and Regulations with regard to the tender processes.

This risk has been mitigated by utilising documented procurement processes, including by way of initial EOI, and by conducting the evaluation of the tenders to a high standard for adoption by Council.

Consultation:

Appropriate internal consultation has been undertaken to ensure the scope of works meets Council’s requirements.

Site specific requirements were incorporated into the RFT Specifications (e.g. size of vehicle to be used, loading time requirements etc).

Related Policy, Precedents and / or Statutory Requirements:

The calling, receiving and reviewing of tenders was carried out in accordance with Part 7 Tendering of the Local Government (General) Regulations 2005.

Tendering procedures were carried out in accordance with Council's policy.  This tender is tabled for Council’s consideration and decision, in accordance with Council’s adopted Tender Acceptance Policy.

Implementation Date / Priority:

Should Council adopt the recommendation in the Confidential Attachment, the works will commence 30 August 2021.

Conclusion:’

This report provides Council with the opportunity to ensure reliable transport and disposal of ‘MWOO’ and offers value for money.

 

 


QON21/06    Contingency Allowance - Cultural and Civic Space Project

Author:                        CCS Project Lead

Authoriser:                  General Manager

Attachments:              Nil

 

The following question on notice was received from Councillor Cr Amos.

Question

Council have recently refused requests from the media to confirm the contingency allowance that has been applied when budgeting for the building of the Coffs Harbour Cultural and Civic Space project.  Council has indicated that it is not good commercial practice to do so.  On the basis that the building contractor is a highly regarded and reputable company and is entitled to any variations in the building contract that may occur, why is it considered not to be good commercial practice to make publicly available this basic information?

Response

Council’s position has not changed regarding construction contingency and commercial practice.  Additionally, whilst it is acknowledged that the building contractor is a highly regarded and reputable company, the status of the building company is not relevant. 

 

The project’s external Project Manager has provided advice that “exposure of CHCC’s contingency to the public may inadvertently influence sub-contractor cost to the main contractor for both letting of sub-contract packages, and also for variations that are either a cost to the project or a credit to the project.”

 

As communicated previously, it is not in Council’s interests from a commercial perspective for the entity that benefits from the lump sum contract to be aware of the contingency provision associated with the contract.