Coffs Harbour City Council

20 October 2021

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 28 October 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 General

NOM21/21      Public Register of Outstanding Resolutions........................................ 4

General Manager's Reports

GM21/21         Council Meeting Dates 2022.............................................................................. 5

GM21/22         Emergency Management Service Delivery............................................... 8

GM21/23         Council Resolutions - Aged Status Report........................................... 14

Notices of Motion Business Services

NOM21/22      Review of Staff Exit Processes.................................................................. 25

Directorate Reports - Business Services

BS21/61          Bank and Investment Balances for September 2021........................... 26

BS21/62          Quarterly Operational Plan and Budget Review Statement for September 2021.................................................................................................... 49

BS21/63          Audited 2020/2021 Annual Financial Statements.................................... 76

BS21/64          Addition of Former Woolgoolga Surf Life Saving Club Lease Area to Woolgoolga Beach Reserve................................................................. 215

BS21/65          Proposed Sale of Council owned Operational Land between Eleventh and Circular Avenues, Sawtell............................................. 220

BS21/66          Update on the Funding of Emergency Services' Facilities........... 230

Notices of Motion Sustainable Communities

NOM21/23      Review of Coffs Harbour City Centre (Zone B3 Commercial Core) 232

Directorate Reports - Sustainable Communities

SC21/64          Creative Capital Fund 2021 - Jetty Memorial Theatre...................... 233

SC21/65          RFT-1406-TO Permanent Museum Exhibition (Design Fabricate & Install).................................................................................................................. 240

SC21/66          Provision of Telecommunications Infrastructure Policy, Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) and Amendment of Coffs Harbour City Council Community Participation and Engagement Plan - Post Exhibition............................................................................................................. 243

SC21/67          Standard Instrument (Local Environmental Plans) Amendment - Optional Special Flood Consideration Clause.................................. 262

Directorate Reports - Sustainable Infrastructure

SI21/25           North Boambee Valley - Detention Basin............................................... 271

SI21/26           Moonee Street and Park Avenue Street Reconfiguration.......... 275

SI21/27           Contract No. RFT-1430-TO (3) Provision of Services – Supervision and Operation – Coffs Coast Resource Recovery Facilities Separable Portion 3.............................................................................................................. 332

SI21/28           Summary of Actions Relating to Waste Management in the Coffs Harbour LGA....................................................................................................... 335


NOM21/21   Public Register of Outstanding Resolutions

Attachments:          Nil

 

Motion:

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

"Council maintain a public register of outstanding resolutions."

 

 

Rationale:

“Many Councils maintain registers of outstanding resolutions, either as a standing agenda item or on a website.  Coffs Harbour City Council has maintained a register of outstanding resolutions for the past few years but it is not publicly available.  This register, dating back to its inception, should be available to the public.  As the current term of Council draws to an end, it is important to maintain a thread of resolved actions which are yet to be finalised.”

Staff Comment:

This register is available on the ‘minutes and agendas’ page within Council’s website.

 


GM21/21      Council Meeting Dates 2022

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM21/21  Council Meeting Dates 2022  

 

Executive Summary

This report seeks Council adoption of the recommended schedule for Ordinary Council meetings in 2022.

 

Recommendation:

That:

1.       No Council meetings be scheduled for January 2022.

2.       Meetings from February to November 2022 are scheduled on the second and fourth Thursday of each month.

3.       No meeting will be held on 14 April due to Good Friday the following day.

4.       The last Council meeting for 2022 be scheduled on 9 December 2022.

 

Report

Description of Item:

Council’s practice is for ordinary meetings to be scheduled on the second and fourth Thursday of the month commencing at 5.00 pm.  Some conflicting dates may arise throughout the year once public holidays are gazetted and other special events are made known (e.g. Easter).

 

This report seeks Council adoption of the attached Coffs Harbour City Council Ordinary meeting schedule for 2022.

Issues:

NSW Local Government has a well-established precedent of having a recess during January.  For the coming period, Thursday 10 February 2022 would be the first ordinary meeting for the New Year and the newly elected Council.

 

It is recommended that Council does not schedule a meeting on 14 April 2022 as the Good Friday public holiday falls on the following day.

 

It is also recommended that only one meeting be held in December 2022, being Thursday 9 December 2022, two weeks after the last meeting in November 2022.

Options:

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation being the proposed council meeting dates provided to Council and then adopt.

3.    Reject the recommendation provided to Council, though this would be somewhat problematic as Council is required to advertise the meeting dates for 2022.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

The notification of Council Meeting dates to the community is consistent with the Council’s MyCoffs Community Strategic Plan, D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The number of council meetings in a calendar year has no delivery program/operational plan implications.

Risk Analysis:

There are no perceived risks associated with this report.

Consultation:

Internal consultation has occurred.

Related Policy, Precedents and / or Statutory Requirements:

Council’s practice is to meet on the second and fourth Thursday of each month at 5.00 pm.  Council has changed meeting dates by resolution as the need has arisen.

 

s365 of the Local Government Act provides for Council to meet at least ten times a year in different months. The proposed scheduling meets that requirement.

Implementation Date / Priority:

Subject to Council’s final resolution, quarterly advertisements and a media release will be issued to advise the community.

Conclusion:

The table of proposed council meetings for 2022 is attached for endorsement by Council.

 

 

 




GM21/22      Emergency Management Service Delivery

Author:                        General Manager

Authoriser:                  General Manager

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

Attachments:              Nil

 

Executive Summary

This report has been prepared as a means to provide further context surrounding the suggested allocation of additional financial resources for emergency management functions as set out in the September 2021 Quarterly Budget Review Statement contained within BS21/62.  In essence the approach suggested for emergency management functions is effectively an increase in service levels, in response to recent disaster/emergency events and resultant community expectations.

 

Over the years, the Coffs Harbour Region has experienced its fair share of disasters that have resulted in losses to private property and public infrastructure, as well as significant impacts on the physical and mental wellbeing of the community.

 

With the occurrence of these events and the revised approach of the NSW Government through the formation of Resilience NSW, the level of expectation on local government to play an enhanced role in the response and recovery phases associated with disasters has increased dramatically.  This in turn requires a redeployment of resources into the response and recovery phases of the disaster, resulting in a significant impact on the ability of our organisation to deliver business as usual services and the planned capital delivery program.

 

RECOMMENDATION:

That Council:

1.     Endorse a revised approach to emergency management service delivery noting the objective of enhancing the Prevention, Preparedness, Response and Recovery phases associated with emergencies/disasters; and

2.     Consider supporting the allocation of additional financial resources identified within the September 2021 QBRS.

 

Report

Description of Item:

Local Government plays a significant role in emergency management and the State Emergency and Rescue Management Act 1989 (SERM Act) recognises that local government involvement in all stages of an emergency is critical.  Under Section 32(1) of the SERM Act, a council is to provide executive support facilities for the Local Emergency Management Committee (LEMC) and the Local Emergency Operations Controller (LEOCON) in its area.  The functions of the LEMC and LEOCON are also defined under the SERM Act.

 

Up until the 2019 fire season, the largest disasters requiring a significant coordinated emergency response and recovery was a result East Coast lows in March 2009 and June 2016, with the March 2009 event causing greater local government area wide impacts.  In the last two years, the Coffs Harbour Local Government Area (LGA) has experienced the impacts of major bushfires, storms, COVID-19 Pandemic, major flooding in Corindi Beach/Nana Glen and a train derailment.  Each of these incidents have involved Council resources to varying levels with the bushfires, COVID Pandemic and Corindi/Nana Glen floods requiring significant input during and after these events.

 

With the quick succession of incidents, this has placed strain on Council resources and required staff involved in emergency management from time to time, and many not normally involved in emergency management, to provide time and resources in support of response and recovery.  This is further complicated by the lack of definition of “Executive Facilities” in the SERM Act.  This leaves it open to interpretation in the delineation of Council’s and NSW State Government Agency and Emergency Services responsibilities in emergency prevention, preparation, response and recovery.

 

At the present time, there are several officers who provide a level of support in the event of disasters/emergencies from a management/coordination perspective and the time allocated to this activity varies according to the nature of the event and the phase (i.e. Response or Recovery).  It is also worthwhile noting that dependent on the nature of the event and therefore the associated level of input/time required, the officers’ ability to apply themselves to business as usual is potentially impacted.  This has indeed been the case over the last 18 to 24 months.

 

At the present time, Council is benefiting from grant funded resources as a result of National Disaster Recovery Funding, specifically in the form of a Bushfire Community Recovery Officer and a part-time Project Support Officer however, both of these roles are fixed term until approximately March 2022 and are intended to be solely focused on bushfire recovery and resilience from the 2019 event.

 

Over recent months, an internal working group has been exploring the issues associated with our organisation’s approach to emergency management/coordination and has supported a business case to take a fresh approach to this activity.  In doing so, it has been identified that an estimated $226,000 per annum is required to enable this approach to emergency management service delivery and enhancing the phases of Prevention, Preparedness, Response and Recovery in emergency management.  The estimated financial impact for the 2021/22 financial year is expected to be in the order of $120,000, hence the request in the September 2021 QBRS.

Issues:

At the present time there are three main areas where resources are applied that are related to disaster/emergency service delivery.

 

The first area is Prevention and Preparation and this is currently defined as incident monitoring only; no events forecast; general preparation; meeting administration; exercises/drills; documentation review and updating etc.  Given the fact that these activities are carried out by officers who have more substantive business as usual roles to deliver (i.e. the emergency management aspects are a minor part of their overall role), the outcome is that the incumbents need to manage their time to ensure that their core business as usual responsibilities are attended to.

 

The second area is defined as the Response period.  This can be described as the period leading up to an incident where a combat or government agency has indicated upcoming concerns, the Local Emergency Management Committee (LEMC)/Emergency Operations Centre (EOC) is on standby or operational, through to transition to Recovery and completion of an incident debrief.

 

It is difficult to quantify the time required for these activities from one event to the next, as every event is different in its nature and time horizon.  In a significant event an EOC could be operational 24 hours/day.  It could be that approximately 96 to 100 man-hours/per day would be required for an EOC in a significant event (i.e. potentially a worse-case scenario).

 

The third area within an emergency event is the post-incident/Recovery period and is defined as the conclusion of the response, i.e. closure of the EOC, through to the completion of the formal recovery processes.  Once again, the time required to be applied in coordinating and supporting the recovery effort (not including the resourcing of direct maintenance and remediation of infrastructure damaged by an event), will vary depending on the nature of the disaster/emergency.  And it is also the case that those involved in coordinating and supporting the Recovery need to do so whilst maintaining their substantive business as usual role.

 

Councillors will recall that over the last twelve to eighteen months various briefing notes have been provided summarising approaches to the bushfire recovery, flood impacts and recovery and storm damage and also drawing attention to how these events had impacted on service and project delivery.

 

Impacts on Service and Project Delivery:

 

In terms of the broader impact on core service delivery, it would be fair to suggest that the various officers who have a role in emergency management (prevention, preparation, response and recovery) when it is required, need to find the sweet spot between how to prioritise the core business as usual role and servicing the immediate needs that potentially flow from an emergency situation.  What tends to happen is a lower priority is placed on what will be called business as usual service and project delivery, potentially resulting in customers, both internal and external, being impacted.  Whilst this is often able to be accommodated, the longer the Response/Recovery event takes the greater the impact on customers and business as usual services.

 

Impacts on Budget:

 

In an overall sense, the operational staffing impacts do not directly affect the budget as such, it is more about the “slippage” that may occur on business as usual outcomes.  Depending on the nature of the emergency/disaster event, the following activities can result in budget impacts to varying degrees:

 

·      Clean-up of roads and open spaces following major storm events;

·      Repairs to road pavement and bridge structures following flood events;

·      Sewerage pumping and treatment costs as a result of storm-water ingress;

·      Clearing and the repair of storm water infrastructure systems following major storm events;

·      Provision of Traffic control;

·      Disruption/delay of scheduled work;

·      Increases to Insurance premiums;

·      Increased community expectations of Council services;

·      Provision of sand and other materials to assist emergency agencies and response;

·      Diversion of plant and operators to support emergency agencies and response;

·      Repairing and reconstruction of damaged infrastructure

·      Ineligible disaster funding (e.g. the boat ramp break wall, playgrounds, many footbridges, walkways and viewing platforms, sporting infrastructure (playing fields and courts), BBQ shelters etc.);

·      Disposal and management of waste.

 

Whilst these costs occur periodically, it is not envisaged that the approach to emergency management service delivery as envisaged in this report will have an immediate impact on cost savings etc. associated with these activities.  However, over time as a more strategic approach is developed to Prevention and Preparedness, it is expected that Council’s exposure to impacts from these types of emergency/disaster events will be mitigated.

 

The aim of the review of the organisation’s approach to emergency management service delivery is to develop a more proactive approach to this function that will ideally mitigate the impacts currently being experienced on service and project delivery and also mitigate budget impacts as the resilience is built within the organisation and the community as a result of improved approaches to Prevention and Preparedness.

 

In summary, it is expected that the revised approach to emergency management service delivery will support the formal LEMO role and enable the following outcomes:

 

Prevention:        By reviewing, developing and implementing systems, processes and plans ensure as far as possible that mitigating strategies and actions are in place to assist in the prevention of major impacts from emergency/disaster events.

Preparedness:   Through the identification of appropriate educational programs and courses, assist the organisation and community in developing its preparedness for emergency /disaster events, thus assisting in the building of resilience within the community.

Response:         Providing direct assistance to the formal LEMO whilst the EOC is in stand up mode, supporting the LEMO and the EOC in providing an efficient response to the emergency/disaster event.  Whilst providing this function during the response phase, also commencing preparation for the Recovery phase by forward planning where possible.

Recovery:         Whilst finalising the Response aspects of an emergency/disaster event, provide professional and operational support to ensure efficient coordination of recovery operations are in place to minimise impacts on our community.  This will take the form of coordination of Council’s required internal resources as well as the coordination of external agencies required to provide support, relief and rectification.

Options:

Council has several options available in relation to this matter.  They include:

 

1.    Resolve to adopt the recommendations of this report and the associated budget variations contained within the September 2021 QBRS thus endorsing the revised approach to emergency management service delivery.

2.    Not adopt the recommendations contained in this report and the associated budget variations contained within the September 2021 QBRS.  Adopting this option has the potential to allow ongoing impacts of business as usual service and project delivery and budgets when emergencies/disasters eventuate.

Sustainability Assessment:

•     Environment

It is not envisaged that there will be any immediate impacts on the environment as a result of support for this report.  Over time, as the revised/fresh approach to emergency management service delivery is implemented, it is anticipated that the various strategies, actions and education programs (both internal and external for the community) may assist in mitigating impacts on the environment.

•     Social

If adopted, and following implementation and settling in of the approach, it is envisaged that a greater level of community resilience could be achieved through the development of strategies and actions associated in particular with Prevention and Preparedness programs initiated within the community (and also within the organisation).

•     Civic Leadership

Support for the revised approach to emergency management service delivery will demonstrate Council providing leadership to the community and assisting in the provision of leadership at times of emergency/disaster.

•     Economic – Broader Economic Implications

As the enhanced approach to emergency management service delivery is implemented, it is envisaged that strategies and/or actions could be developed with a view to building an improved approach to Preparedness and Prevention in the context of emergencies/disasters.  As this capability grows, it is entirely possible that the economic impacts of emergencies/disasters within the broader community may be mitigated and reduced.

•     Economic - Delivery Program/Operational Plan Implications

The Costs outlined within this report will result in an additional $226,000 per annum being required to fund the revised/fresh approach to emergency management service delivery (assume a $120,000 impact on the 2021/22 budget).  At this stage, additional funding has not been identified to cover the additional $226,000 per annum cost, although the proposal could be described as an investment in building resilience within the organisation and community.  At this time, funding the proposal will result in an increase to the deficit identified in Council’s budget.

Risk Analysis:

The revised/fresh approach to emergency management service delivery is proposed as a means to enhance outcomes to the community in emergency management response specifically in the phases of Prevention, Preparedness, Response and Recovery.  Should the proposal not progress, it could be anticipated that the following risks will continue:

 

-     Impacts from emergency/disaster events will result in ongoing criticism of Council;

-     Dependent on the nature and size of emergency/disaster events, service and project delivery impacts will be ongoing; and

-     Unforeseen budget impacts will continue to occur.

Consultation:

Internal consultation has occurred with staff who have a role in emergency management/coordination, albeit as part of their more substantive role.  An internal working group also explored the internal feedback as well as gathering and reviewing research into the approaches undertaken by similar sized councils/communities across Australia.  Ultimately the proposal was reviewed by the Executive and recommended to progress.

Related Policy, Precedents and / or Statutory Requirements:

State Emergency and Rescue Management Act 1989 (SERM Act).

Implementation Date / Priority:

Assuming that Council supports this report and the adjustments suggested in the September 2021 QBRS, the move toward resourcing the revised/fresh approach to emergency management service delivery will be implemented immediately with a view to engaging resources early in 2022.

Conclusion:

Given the incidence of climatic and other disaster events in recent years and the forecast that these type of events will only increase in number, ferocity and duration in years to come, the conclusion has been reached that a revised/fresh approach to emergency management service delivery is required.

 

Our community has come to expect that the response provided by agencies, particularly Council, are delivered quickly to minimise the impact on the community both in the response and recovery phases of an emergency/disaster event.  If this is the case, then not addressing the resourcing of the emergency Prevention, Preparedness, Response and Recovery functions will inevitably continue to result in the type of impacts we have observed over the last couple of years in service and project delivery impacts and ultimately budget impacts as well.

 

It is suggested that the allocation of budget resources as suggested in the September 2021 QBRS is required to enable an enhanced approach to our organisation’s ability to deliver more efficiently in the Response and Recovery phases, but will also enable a more pro-active approach to Prevention and Preparedness.  This will deliver an ability for our organisation and community to build resilience in the face of emergency/disaster events.

 

 


GM21/23      Council Resolutions - Aged Status Report

Author:                        General Manager

Authoriser:                  General Manager

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

Attachments:              ATT1  GM21/23  Council Resolutions Status Report  

 

Executive Summary

Recently, during the annual performance review process, it was suggested that it may be appropriate to undertake a review of all Council decisions that are at least twelve months old and remain incomplete, either partially or fully.

 

This report provides a status update, Attachment 1, on resolutions that remain outstanding for a period greater than twelve months, noting that many may be partially incomplete. It is also noted that in some cases further financial resources may be required and/or actions/input from other State Agencies or stakeholders.

 

RECOMMENDATION:

That Council receive and note the outstanding Resolutions report.

 

Report

Description of Item:

During the conduct of Council meetings, Council’s decisions are recorded as Resolutions within the minutes for those meetings.  It is accepted practice that Council officers will undertake the implementation of those Resolutions with a view to achieving the timely conclusion of the matter.  In the majority of cases, the implementation of the Resolutions can occur quite quickly however, in some cases the effective implementation can take some time due to the need for a staged approach to the implementation and/or the need for other parties to contribute in some manner, or indeed other actions may need to occur to enable the overall outcome to be progressed to completion.

 

As Councillors are aware, the Governance Services Group maintains a register of outstanding resolutions and a status summary is uploaded to the Diligent Resource Centre on a monthly basis for Councillors awareness and information.  The Governance Services Group has in the last fortnight published a version of this status report on Council’s website and this will be updated periodically as well.

 

In summary:

 

·     Since 13 October 2016, Council has made a total of 1,485 resolutions (noting that this includes resolutions to confirm minutes, apologies, procedural motions etc.);

·     A total of 644 resolutions were added to the outstanding resolutions register as they required officers to take action and/or follow-up to ensure implementation;

·     583 of those resolutions have been completed;

·     61 resolutions are outstanding as at 14 October 2021; and

·     Of those 61 resolutions, 21 resolutions as summarised in Attachment 1 are outstanding for longer than twelve months for a variety of reasons.

 

Recently during the annual performance review process, it was suggested that it would be useful to undertake a review of all Council decisions that are at least 12 months old and remain incomplete, either partially or fully.  It was suggested that this may further assist in understanding the reasons that some of these matters remain outstanding and in some cases may establish a priority order for their actioning and resolution where appropriate.  Accordingly, this report provides a status update on resolutions that remain outstanding for a period greater than 12 months, noting that many may be partially incomplete.

Issues:

At the commencement of a Council term, Council adopts a Delivery Program which sets out the focus areas of Council’s activities and acts as a guide to the allocation of resources.  This is reinforced on an annual basis through Council’s adoption of the Operational Plan and associated budget.

 

Inevitably, there are more needs and desires bidding for resources that are constrained resulting in a situation where a prioritisation process establishes what can be achieved given the funding available and in turn those matters that may need to await further consideration in the ensuing Operational Plans or indeed a future Delivery Program.  Some of the matters listed in the outstanding resolutions listed within Attachment 1 are awaiting the allocation of funding.

 

In other cases, some matters are awaiting the completion of actions by State Agencies and/or other stakeholders to enable the most effective implementation of the resolution, or indeed in some cases the completion of necessary statutory stages required.

Options:

As this report summarises the status of various Council resolutions that are to be completed, even if it is a partial element that requires completing, there is only really the option of adopting the recommendation to note the status report.

Sustainability Assessment:

•     Environment

There are no environmental impacts directly attributed to the nature of this report being a status on outstanding resolutions.

•     Social

It is not anticipated that there are any social impacts directly attributable to this report.

•     Civic Leadership

By considering the status of resolutions of Council that may have remained outstanding for some time, Council is demonstrating leadership and ensuring appropriate mechanisms are in place for the delivery of decisions.

•     Economic – Broader Economic Implications

Economic and broader implications were considered and/or explored at the time of the reports being prepared that led to the individual resolutions which are summarised in the attachment to this report.  It is not anticipated that there are additional implications as a result of Council’s consideration of this report.

•     Economic - Delivery Program/Operational Plan Implications

The Delivery Program and Operational Plan implications associated with each of the resolutions summarised in Attachment 1 were reported and considered by Council at the time of Councils original consideration.  At least some of the matters that remain outstanding, partially or fully, may be attributed to the allocation of budget resources.  In other cases, it is as a result of other actions or the input of agencies to enable completion.

Risk Analysis:

It is not anticipated that there are any inherent risks associated with Council’s consideration of this status report.

Consultation:

In producing this report, internal consultation occurred with the various officers who have responsibility for the completion of the activities associated with the resolutions within Attachment 1.

Related Policy, Precedents and / or Statutory Requirements:

Various statutory requirements and policy considerations were reported to Council at the time of Council’s consideration of the various reports that led to the resolutions contained within Attachment 1.

Implementation Date / Priority:

As indicated in the status associated with each of the resolutions summarised in Attachment 1, the matters will continue to be implemented as appropriate within the parameters of funding and/or other identified constraints.

Conclusion:

It is entirely appropriate for Council to review the status of Council decisions/resolutions and this is undertaken periodically through Councillors access to the monthly outstanding resolutions report on the Diligent Resource Centre.  This report enables Councillors to review the status of resolutions that may remain outstanding, either partially or fully, for longer than twelve months.

 

 

 











NOM21/22   Review of Staff Exit Processes

Attachments:          Nil

 

Motion:

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

"That Council engage a HR Consultant to review the staff exit interview and disengagement processes and provide any recommendations for improvement.  This is to be funded from the internal audit budget."

 

Rationale:

“When staff leave the organization they take a great deal of knowledge and experience with them.  It is important ensure council has in place a best practice interview process that provides an effective flow of information that can be used to make organisational improvements.”

Staff Comment:

The matter of employee exit surveys has been raised previously, with a Briefing Note being distributed to Councillors on 8 September 2021 outlining Council’s current exit interview process and associated approaches regarding departing employees.

 

Further to this, a HR consultant can be engaged to review Council’s employee exit process and identify any opportunities for improvement.  The funding for this review will be sourced from the Internal Audit budget.

 

 


BS21/61       Bank and Investment Balances for September 2021

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/61   Investment Performance Report for the Month Ended 30 September 2021  

 

Executive Summary

Council’s Bank Balances and Investments as at 30 September 2021 totalled $294,332,782.55.  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 $294,332,782.55 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 September 2021.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 September 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 $294,332,782.55 as at 30 September 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 2021 was attributable to external restrictions, internal restrictions and unrestricted funds as follows:

 

Fund

$000

External Restrictions

135,225

Internal Restrictions

108,048

Unrestricted

10,770

Total

254,043

 

Final calculations have been carried out to determine external and internal restrictions for the year ended 30 June 2021 during End of Financial Year Financial Statement preparation.  These amounts are included in Noted C1-3 of the audited Annual Financial Statements to be presented to Council on 28 October 2021.

 

External restrictions account for over 53% 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 audited Annual Financial Statements.

 

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

 

 

 

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for September 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 September 2021, it is noted that the total bank and investment balance was $294,332,782.55 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 2021.

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.

 

 

 





















BS21/62       Quarterly Operational Plan and Budget Review Statement for September 2021

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

MyCoffs:                      Choose an item.

Attachments:              ATT1  BS21/62   QBRS Budget Variations for the Quarter ended  Sept 2021

ATT2  BS21/62   QBRS Reports for the Quarter ended September 2021  

 

Executive Summary

Coffs Harbour City Council’s 2021/22 Operational Plan was adopted on 24 June 2021 for implementation from 1 July 2021.

 

Internal reporting for the September 2021 quarter has identified the need for a number of amendments to the 2021/22 Operational Plan.  The proposed changes relate to extensions in the forecast end dates of projects within the same financial year, adding projects that were not in the adopted 2021/22 Operational Plan and changes in the resulting measurement of metrics.

 

The Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements under Clause 203 of the Local Government (General) Regulation 2005.  This regulation requires a Council’s Responsible Accounting Officer to submit quarterly budget review statements to the governing body of Council.  These statements are contained within the attachments to this report.

 

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

 

COVID-19 has introduced an element of uncertainty into the budget review process.  Financial adjustments and policy positions continue to be developed to ensure that Council is minimising the disruption to services and supporting the local community through the public health crisis.

 

The original adopted budget for 2021/22 provided a net surplus of $59.1M and an operating deficit before capital revenue of $3.2M.  The revised budget after revotes resulted in a net surplus of $59.5M and an operating deficit before capital revenue of $5.0M.  The budget adjustments recommended in this report result in a projected budget net surplus of $77.3M and an operating deficit before capital revenue of $2.92M.  There has been an improvement in the consolidated operating result of $2.08M as a result of the recommendations contained within this report.

 


 

 

Recommendation:

That Council:

1.    Note the Quarterly Budget Review Statement and the following estimated budget position as at 30 September 2021:

2021/22 Original Budget

2021/22 Revised Budget

2021/22 Projected Budget

2021/22 Sep YTD Actuals

 

$‘000

$‘000

$‘000

$‘000

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

104,869

104,869

104,869

27,217

User Charges & Fees

61,000

61,000

60,750

11,749

Interest & Investment Revenue

5,068

5,068

4,818

665

Other Revenues

7,855

7,855

8,054

1,744

Grants & Contributions provided for Operating Purposes

14,600

15,188

15,654

4,753

Total Recurrent Revenue

193,392

193,980

194,145

46,128

Recurrent Expenditure

 

Employee Benefits & Oncosts

63,316

63,441

64,490

16,609

Borrowing Costs

6,879

6,879

7,688

825

Materials & Contracts

224,732

242,117

266,772

38,316

Depreciation & Amortisation

45,755

45,755

42,899

11,156

Other Expenses

16,118

16,118

10,772

2,104

Less: Capitalised Expenses

(160,234)

(175,328)

(195,557)

(23,036)

Total Recurrent Expenditure

196,566

198,982

197,064

45,974

Net Operating (Deficit) / Surplus

(3,174)

(5,002)

(2,919)

154

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

62,274

64,528

80,185

13,621

Total Capital Revenue

62,274

64,528

80,185

13,621

Net Surplus

59,100

59,526

72,266

13,775

 

2.    Approve the following budget adjustments:

·   $2,084,463 decrease in the budgeted net operating deficit;

·   $15,657,183 increase in budgeted capital revenue to be received;

·   $20,229,233 increase in the budgeted level of capital expenditure;

·   $733,057 funding into cash reserves

·   $547,691 increase to Principal Loan Repayments

3.    That Council endorse the proposed amendments to the 2021/22 Operational Plan as set out in the Issues section of this report.

 

Report

Description of Item:

Under the Integrated Planning and Reporting (IP&R) guidelines of the Local Government Act, Council is required to prepare a four-year Delivery Program outlining the activities it will pursue to help achieve the objectives of the MyCoffs Community Strategic Plan.  A subsidiary of the Delivery Program is the Operational Plan, which details the actions to be undertaken in a single financial year.  They are supported by financial estimates, annual budgets and a one-year schedule of Council Fees and Charges.  The IP&R documents are informed by Council’s long-term Resourcing Strategy.

 

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

 

To supplement the information contained within the monthly financial reports and the six monthly performance reports to Council, a dashboard which gives a snapshot of certain metrics has been developed.  An initial draft version of the dashboard has been provided for Councillors’ information through the Resource Centre and will be refined on an ongoing basis to provide further and more relevant information.

 

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

 

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

 

Attachment 1 summarises the recommended variations for the quarter ending 30 September 2021 for the consideration of the Council.  These variations are reflected in the projected budget.  Columns are included to make it clearer how variations impact the operating result, capital expenditure and the relevant funding sources.  The column definitions for the table are as follows:

 

-      Operating

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

-      Reserves – Operating

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

-      Capital Expenditure

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

-      Capital Grants and Contributions

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

-      Reserves – Capital

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

-      Cash at Bank

Funding required from cash at bank.

Issues:

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

 

The COVID-19 pandemic has impacted Council’s revenue streams through restrictions and closures imposed by government directives and decisions to support the community.  Accordingly, this Quarterly Budget Review represent the organisation’s best efforts in defining what activities and programs Council is able to progress, and the Council response to the evolving situation within the resources available.

 

The 2020/21 Operational Plan Overview

 

The Cultural and Civic Space Project is progressing well and is anticipated to be completed late in 2022.  The project is forecast to be delivered according to Council’s brief and within the $81.265m budget set by Council.  Further information is provided on Page 6 of attachment 2 and further with monthly financial updates provided in the Monthly Financial Report to Council.

 

A number of projects currently included in the 2021/22 Operational Plan have revised their forecast end dates within the current financial year.  Several new projects have also been included in the plan with one item moved to the 2022/23 Operational Plan.

 

COVID-19 Impacts

The forecast completion dates in the adopted 2021/22 Operational Plan were derived from the March 2021 quarterly performance reporting.  At the time, Council was not fully aware of the impact COVID-19 would have on the delivery of many actions in the 2021/22 Operational Plan.

 


Code and Description

Progress Report

Original End Date

Revised End Date

Group

P0982: Coffs Coast Sport & Leisure Park Precinct Master Plan

Was forecast to be completed by 01/06/2021.  Completion will extend into 2021/22.

01/06/2021

30/06/2022

City Prosperity

P1131: S7:11 sport infrastructure works - Coramba Recreation Reserve field irrigation

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/07/2021

City Prosperity

P1264: Completion of a Visitor Satisfaction and profile survey

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

31/12/2021

City Prosperity

P1368: Sports Facility Plan 20/21 – 5 year review

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/06/2022

City Prosperity

P0400: Finalise youth needs issues and options paper and program planning

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

31/12/2021

Community and Cultural Services

P0512: Develop a Positive Ageing Strategy

Was forecast to be completed by 30/09/2020.  Completion will extend into 2021/22.

30/09/2020

01/02/2022

Community and Cultural Services

Homelessness advocacy and policy development and sector action plan

New

 

30/06/2022

Community & Cultural Services 

P1457: Design, produce and install permanent museum exhibitions for new facility

New

 

31/08/2023

Community & Cultural Services

P1536: Implement the remote rescue tubes roll-out program (year 1)

New

 

30/06/2024

Community & Cultural Services

P0235: Prepare Coastal Hazard Planning Tools

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

27/05/2022

Sustainable Places

P0408: Complete the Public Realm Strategy

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/05/2022

Sustainable Places

P0873: Undertake the Corindi River, Pipe Clay Lake and Arrawarra Creek Coastal Management Program

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

31/10/2021

Sustainable Places

P0906: Review and update the Koala Plan of Management

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

31/12/2021

Sustainable Places

P0918: LEP/DCP for Woolgoolga Town Centre 

End date extended by 12 months due to Transport for NSW.

30/03/2021 

31/03/2022 

Sustainable Places 

P0915: Prepare an Aboriginal Cultural Heritage Management Plan

Was forecast to be completed by 31/03/2021.  Completion will extend into 2021/22.

31/03/2021

25/02/2022

Sustainable Places

P1339: Hogbin Drive koala fence 

Will be managed under reporting for the Koala Plan of Management, instead of a standalone project.

 

 

Sustainable Places 

P1440 Undertake Moonee Beach North New Estate Access Investigations

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/06/2022

Sustainable Places

P1159: Melaleuca Bridge Woolgoolga

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/06/2022

Strategic Asset Management

P1308: Implement the Woolgoolga WOW Masterplan

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/06/2022

Strategic Asset Management

P1377: City Centre Masterplan works

Was forecast to be completed by 30/04/2021.  Completion will extend into 2021/22.

30/04/2021

31/12/2021

Strategic Asset Management

P1382: Coffs Harbour Jetty Boat Ramp Precinct

Was forecast to be completed by 30/09/2021.  Completion will extend into 2022/23.

30/09/2021

31/12/2022

Strategic Asset Management

P1385: Gillibri Crescent, Sawtell Playground

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/06/2022

Strategic Asset Management

P1428: Lees Bridge

SAM has requested it under the Bridge program, not a standalone project.

31/12/2022 

 

Strategic Asset Management 

P1429: Nana Glen Playground, car park and public amenities

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/06/2022

Strategic Asset Management

P1433: Seventeenth Avenue, Sawtell, Road Rehabilitation

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/01/2022

Strategic Asset Management

P1230: Implement Property Management System

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

30/06/2022

Financial Services and Logistics

P0587: Former Deep Sea Fishing Club Use – Long Term

On hold pending State Government Jetty Foreshores Master Planning.

01/02/2021

30/06/2022

Financial Services and Logistics

P1371: Provide CCTV footage to NSW Police to investigate crime

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

31/12/2021

Business Systems

P1402: Sawtell Beach Holiday Park Old Camp Kitchen Demolition

Was forecast to be completed by 30/06/2021.  Completion will extend into 2021/22.

30/06/2021

28/09/2021

Coffs Coast Holiday Parks

P1438: COVID-19 Recovery Planning and Programs

Project has been closed as it is not funded in 2021/22.

30/06/2022 

30/06/2021 

Governance

 

Options:

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

 

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation provided to Council and then adopt.  Depending on the nature of the amendment this may impact on the structure and content of the documents and the projected overall budget position.

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

Sustainability Assessment:

•     Environment

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

•     Social

There are no perceived short or long term social impacts.

•     Civic Leadership

The Operational Plan is one of the components of the Integrated Planning and Reporting Framework which enables Council to identify and respond to community aspirations and coordinates the provision of appropriate works and services to help achieve strategic objectives.  The document is informed by the MyCoffs Community Strategic Plan.

 

The COVID-19 crisis represents a time of uncertainty across the community and region.  Council continues to deliver its program of community-led priorities and support across the LGA.  Council strives to reach a balanced budget position by 30 June each year in conjunction with meeting its priorities.

•     Economic – Broader Economic Implications

The implementation of the Operational Plans is funded by the Coffs Harbour community.  As always, cost implications are balanced against the positive economic impact of maintaining and enhancing Council programs and services across the LGA.

 

Council has undertaken a number of initiatives to assist the community through the COVID-19 pandemic and will continue to monitor the needs of the community and provide assistance where it is able to without a detrimental impact on essential service provision.

 

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

•     Economic - Delivery Program/Operational Plan Implications

The amendments relate to activities accommodated within Council’s budget structure.  This expenditure is monitored through Council’s monthly financial reports and quarterly budget reviews.

 

The original adopted budget for 2021/22 provided a net surplus of $59.1M and an operating deficit before capital revenue of $3.2M.  The revised budget after revotes resulted in a net surplus of $59.5M and an operating deficit before capital revenue of $5.0M.  The budget adjustments recommended in this report result in a projected budget net surplus of $77.3M and an operating deficit before capital revenue of $2.92M.  There has been an improvement in the consolidated operating result of $2.08M as a result of the recommendations contained within this report.

Risk Analysis:

COVID-19 has introduced an element of uncertainty into the budget review process.  Financial adjustments and policy positions are continuing to be developed to ensure that Council is minimising the disruption to services and supporting the local community through the public health crisis.

 

The preparation of an Operational Plan is a legislative requirement.  Council endeavours to ensure its accuracy as a plan of action for the financial year and as a platform for the effective and consistent reporting of Council activities.  Without the proposed amendment, that accuracy would be compromised.

Consultation:

The amendments to the Operational Plan have been consolidated after consultation with staff during the Quarter one 2021/22 reporting cycle.

 

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

Related Policy, Precedents and / or Statutory Requirements:

Additional requirements for the Operational Plan are set out in Local Government (General) Regulation 2005 – Clause 201 (relating to the content of Council’s annual statement of revenue policy) and Clause 203 (relating to reporting requirements for budget review statements and estimates revisions).

 

Under the Local Government (General) Regulation 2005, the Responsible Accounting Officer is required to submit a quarterly budget review to Council.

 

Sections 404 and 405 of the Local Government Act 1993 detail requirements in relation to a Council’s Operational Plan.

Implementation Date / Priority:

If endorsed by Council, the Operational Plan (Attachment 1) will take effect immediately and reporting against the revised dates will be incorporated into Council’s Six-Monthly Report in February 2022.

 

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

Conclusion:

The amendment of the 2021/22 Operational Plan, as set out in the Issues section of this report and the Revised 2021/22 Operational Plan (Attachment 1), will help to ensure accuracy and consistency of Council’s performance reporting for this financial year.  It is recommended that the amendments be endorsed by Council.

 

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

 

 

 























BS21/63       Audited 2020/2021 Annual Financial Statements

Author:                        Section Leader Financial Support

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/63   General Purpose Financial Statements 2020/21

ATT2  BS21/63   Special Purpose Financial Statements 2020/21

ATT3  BS21/63   Special Schedules 2020/21  

 

Executive Summary

The audited Annual Financial Statements for 2020/2021 are being presented to meet legislative requirements under Section 419 of the Local Government Act in relation to their completion, audit and presentation.

 

The General Purpose Financial Statements and Special Purpose Financial Statements are the statements required to be produced by the Australian International Financial Reporting Standards whilst the Special Schedules contain additional information required by the Office of Local Government.

 

The final audited Annual Financial Statements require certification by the designated signatories for the audit opinion and Conduct of the Audit Report to be issued, and for the Annual Financial Statements to be then lodged with the Office of Local Government.

 

Recommendation:

That Council:

1.    Approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms relating to the audited 2020/2021 Annual Financial Statements for completion by the designated signatories.

2.    Receive and adopt the audited 2020/2021 Annual Financial Statements.

 

Report

Description of Item:

The audited Annual Financial Statements for the year ended 30 June 2021 are attached.

 

The Audit Office of NSW, represented by Mr Jan-Michael Perez, will be in attendance to address Council during the meeting in relation to the audit of the 2020/2021 Financial Statements through presenting the Conduct of the Audit Report.

 

The Financial Statements consist of three distinct sections, being:

 

1.    the General Purpose Financial Statements (Attachment 1);

2.    the Special Purpose Financial Statements (Attachment 2); and

3.    the Special Schedules (Attachment 3).

 

The General Purpose Financial Statements and Special Purpose Financial Statements are the statements required to be produced by the Australian International Financial Reporting Standards whilst the Special Schedules contain additional information required by the Office of Local Government.

 

It should be recognised that the Income Statement, Statement of Comprehensive Income, Statement of Financial Position, and Statement of Cash Flows of the General Purpose Statements provide a consolidated picture of a Council’s operation and financial position and excludes transactions between General, Water and Sewer funds, e.g. water charges met by the Infrastructure Construction and Maintenance section are reversed.

 

For a multi-purpose Council, such as Coffs Harbour City Council, the results achieved by each traditional fund (General, Water and Sewerage) are disclosed in Note G5-2 of the General Purpose Financial Statements.

 

The sections of the financial statements are set out below:

 

1.    General Purpose Financial Statements

 

In relation to the specific statements included in the General Purpose Financial Statements, the following comments are made:

 

a)    Statement by Councillors and Management.

 

The statement requires Councillors and Management to declare that the financial statements are neither false nor misleading in any way and present fairly Council’s operating result and financial position for the year.  The draft statements were approved by Council for signature on 26 August 2021.

 

The Audit Office of NSW, as representatives of the Auditor General, require for the audited Annual Financial Statements presented at this meeting to be approved for signature by the designated signatories prior to providing the audit report.  The audit report is required to be submitted with the Annual Financial Statements to the Office of Local Government by 31 October 2021.

 

b)    Income Statement

 

The Income Statement summarises the $215.585 million of income and $178.546 million of expenses from continuing operations that result in Council’s operating surplus of $37.039 million.  The operating result from Coffs Harbour Airport discontinued operations was a loss of $2.836 million thereby reducing Council’s net operating result to a surplus of $34.203 million.  The 2020/21 net operating result before grants and contributions provided for capital purposes was a surplus of $0.529 million.

 

The reduction in net operating result reported in the Draft Annual Financial Statements on 26 August 2021 from a surplus of $67.888m to $37.309m is substantially reflective of the change in accounting treatment for the airport lease based on external professional advice.  The change from an operating lease to a finance lease has resulted in $33.685m less being reported in the Income Statement and a non-current receivables increase of $60.670m being recognised in the Statement of Financial Position.

 

The net operating surplus is impacted by the following events:

 

i.   Grants and Contributions for Capital Purposes

 

Council’s continued focus on improved asset data capture practices resulted in a further $1.697 million of assets across a number of asset categories such as Plant and Equipment, Land Improvements, Open Space and Buildings being recognised for the first time during the 2020/21 financial year.  Council also received $1.027 million in Water and Sewer infrastructure assets through subdivision dedications.

 

ii.  Materials and Contracts

 

Costs incurred during 2019/20 financial year in preparation for the lease of Council’s Airport operations were recognised on execution of the lease on 31 May 2021.  Council also recorded higher than anticipated contract related legal expenses.

 

iii.  Net Losses from Disposal of Assets

 

Council sold a number of minor IPP&E assets such as office equipment, furniture and fittings, and plant and equipment to the lessee of the Airport upon execution of the lease.

 

iv. Revaluation decrement/impairment of IPP&E

 

The Airport Car park goodwill intangible asset was impaired to reflect the downturn in income generated during the financial year as a result of the COVID-19 pandemic.

 

The operating surplus for the year after grants and contributions for capital purposes of $34.203m cannot be reasonably compared to the original budget surplus of $48.611m as the original budget surplus does not take into consideration the unknown result of Council’s asset movements, nor does it consider the budget adjustments made during the year.

 

After taking into consideration the above events, the normalised net operating result before grant and contributions for capital purposes is a surplus of $3.886 million.  The following table shows these adjustments aligning with the above notes in $’000s:

 

 

c)    Statement of Comprehensive Income

 

The Statement of Comprehensive Income reports on the movement in Equity resulting from the Income Statement operations surplus of $34.203 million (2019/2020 $22.644 million) and transactions that must by-pass the Income Statement because they have not been realised.  This includes a gain on Revaluation of Infrastructure, Property, Plant and Equipment $16.138 million (2019/2020 $265.683 million) which is attributable the annual indexation of Water and Sewerage infrastructure assets, assets held for sale and review of Council’s Transport and Stormwater Drainage asset useful lives.  These unrealised gains or losses do not result from operations but increased net assets and equity of Council.

 

d)    Statement of Financial Position

 

The Statement of Financial Position reports on the assets $2,725.593 million (2019/2020 $2,674.093 million), liabilities $165.900 million (2019/2020 $164.741 million) and equity $2,559.693 million (2018/2019 $2,509.352 million) of Council.

 

i.   Assets

 

Assets have increased by $51.500 million (2019/2020 $274.294 million). Excluding Revaluation Increments of $16.138 million (2019/2020 $265.924 million), the increase was $35.362 million (2019/2020 $8.370 million).

 

The increases in Cash and Cash Equivalents and Investments was $28.815 million (2019/2020 $1.914 million), Receivables increased by $67.267 million (2019/2020 decrease of $5.059 million), Inventories and Other Assets increased by $2.901 million (2019/2020 decrease $0.104 million) and the decrease to Infrastructure, Property, Plant and Equipment was $72.586 million (2019/2020 $273.312 million increase).  Contract Assets increased by $10.709 million ($3.239 million recognised for the first time in 2019/20 with the introduction of new Accounting Standards).

 

The Cash and Cash Equivalents and Investments of $254.043 million (2019/2020 $225.228 million) had External and Internal Restrictions (summarised in Note C1-3 to the General Purpose Financial Statements) of $243.273 million (2019/2020 $216.204 million), resulting in unrestricted cash of $10.770 million (2019/2020 $9.024 million).

 

ii.  Liabilities

 

Liabilities have increased by $1.159 million (2019/2020 decrease $12.432 million) resulting from an increase in Contract liabilities of $7.771 million ($5.265 million are now recognised in place of Income Received in Advance with the introduction of new Accounting Standards in 2019/20), decreases in net Borrowings of $16.093 million (2019/2020 decrease $16.417 million), an increase in Payables of $9.298 million (2019/20 decrease $1.439 million) and an increase in Provisions by $0.183 million (2019/2020 increase $0.998 million).

 

iii.  Equity

 

Equity has increased by $50.341 million (2019/2020 $286.726 million) resulting from increases to Operating Surplus of $64.708 million (2019/2020 $21.587 million) and reduction in Asset Revaluation Reserves $14.367 million (2019/2020 increase of $265.683 million).

 

e)    Statement of Changes in Equity

 

The Statement of Changes in Equity reports the movement in the Equity as reflected in the Statement of Financial Position. Equity has increased by $50.341 million (2019/2020 $288.539 million) resulting from an Operating Surplus of $64.684 million (2019/2020 $23.400 million), and Asset Revaluations decrease of $14.343 million (2019/2020 increase of $265.683 million).

 

f)     Statement of Cash Flows

 

The Statement of Cash Flows reports the increase in Council’s Cash and Cash Equivalent resources by $28.815 million (2018/2019 increase $11.494 million) resulting from operating, investing and financing activities. Cash Resources are $57.703 million (2019/2020 $32.928 million).

 

Operating activities generated net cash inflows of $13.150 million (2019/2020 $71.248 million).  Investing activities generated net cash inflows of $27.721 million (2019/2020 outflows of $43.330 million) and financing activities generated cash outflows of $16.096 million (2019/2020 $16.424 million).

 

The operating surplus for the year is adjusted for non-cash items and movements in operating assets and liabilities to determine the Cash Flows from operating activities (Note G1-1 to the General Purpose Financial Statements).  The effect of these adjustments is to remove non-cash items and movements in operating assets and liabilities subject to the accrual basis of accounting from the operating surplus to arrive at the cash inflows generated by operating activities.

 

Reconciliation of Operating Surplus to Cash Flows from Operating Activities

Operating Surplus
$ '000

Non-Cash Items and Movements in Operating Assets and Liabilities $ '000

Cash Flows From Operating Activities
$ '000

Revenue

Rates and Annual Charges

104,075

531

104,606

User Charges and Fees

45,371

3,128

48,499

Interest and Investment Revenue

3,769

(254)

3,515

Grants and Contributions

51,571

(16,671)

34,900

Bonds and Deposits Received

0

527

527

Rental Income

1,738

(1,738)

0

Other Revenues

9,061

37,886

46,947

Total Revenue/Cash Inflows

215,585

23,409

238,994

Expenses

Employee Benefits and On costs

51,141

(28)

51,113

Borrowing Costs

7,468

86

7,554

Materials and Contracts

68,773

7,451

76,224

Depreciation, Amortisation and Impairment of IPP&E

41,649

(41,649)

0

Reconciliation of Operating Surplus to Cash Flows from Operating Activities (continued)

Operating Surplus
$ '000

Non-Cash Items and Movements in Operating Assets and Liabilities $ '000

Cash Flows From Operating Activities
$ '000

Other Expenses

3,552

1,796

5,348

Losses from Disposal of Assets

5,963

(5,963)

0

Total Expenses/Cash Outflows

178,546

(38,307)

140,239

Operating Surplus/Cash Flows from Operating Activities

37,039

61,716

98,755

 

g)    Financial Result and Financial Position by Fund

 

The operating surplus of $34.203 million (2019/2020 $22.644 million) is dissected by Water Fund $7.220 million (2019/2020 $6.778 million), Sewer Fund $7.701 million (2019/2020 $7.474 million) and General Fund $19.282 million (2019/2020 $8.392 million).

 

The operating surplus before grants and contributions provided for capital purposes of $0.529 million (2019/2020 deficit $16.213 million) is dissected by Water Fund surplus $3.988 million (2019/2020 surplus $2.617 million), Sewer Fund surplus $3.592 million (2019/2010 deficit $1.604 million), and General Fund deficit $7.051 million (2019/2020 deficit $20.434 million).

 

The Net Assets of the Water Fund are $402.885 million (2019/2020 $392.928 million) and Sewer Fund $502.116 million (2019/2020 $492.391million).

 

The detail of the Financial Performance and Financial Position of the Water, Sewer and General Fund is reported in Notes D1-1 and D1-2 to the General Purpose Financial Statements and the Water and Sewer Funds are separately reported in the Special Purpose Financial Statements.

 

The Water, Sewer and General Fund operations include internal charges and recoveries made between the funds.

 

h)    Key Performance Indicators (Note G5-1 to the General Purpose Financial Statements)

 

i.   Operating Performance Ratio 4.76% (2019/2020 0.38%) Benchmark >0%

 

This ratio measures Council’s achievement of limiting operating expenditure within the available recurrent revenue. Council’s operating revenues are 4.76% in excess of its operating expenditure.  The COVID-19 pandemic has caused a reduction in income from Business Units such as the Coffs Harbour Airport, Coffs Coast Holiday Parks and CitySmart Solutions; in addition to a downturn in investment income due to lower interest rates.  Council received an initial Airport Lease premium payment on 31 May 2021 on execution of the lease and continues to align operating expenditure to its available operating revenue, performing above the benchmark of 0%.

 

ii.  Own Source Operating Revenue Ratio 76.00% (2019/2020 75.06%) Benchmark > 60%

 

This ratio measures the reliance on external funding sources such as operating grants and contributions.  Council’s continues to retain a high level of own source revenue and is still performing well against the OLG Benchmark.  Despite the ongoing effects of COVID-19 on Council’s Business Units and a decline investment returns, the lease agreement for the Coffs Harbour Airport operations and associated payment has offset the decline in revenue.

 

iii.  Unrestricted Current Ratio 6.49X (2019/2020 8.77X) Benchmark >1.5X

 

This ratio measures the adequacy of working capital to satisfy short term obligations for the unrestricted activities of Council.  After excluding all external restrictions, Council’s prudent management of funds has resulted in its continued ability to comfortably meet its short term obligations as they fall due.  Council’s performance is well in excess of the Benchmark.

 

iv. Debt Service Ratio 2.45X (2019/2020 2.37X) Benchmark >2.0X

 

This ratio measures the relationship between Operating result (before capital grants and contributions, excluding interest, depreciation, amortisation and impairment expenses) and Loan Principal and Interest Payments to determine Council’s capacity to service debt.  The 2.45X result is in excess of the Benchmark 2.0X and reports that Council’s adjusted Operating Result would cover the loan principal and interest payments 2.45 times.

 

v.  Rates and Annual Charges, Interest and Extra Charges Outstanding Percentage 6.31% (2019/2020 6.64%) Benchmark <10%

 

This ratio assesses the rates and charges unpaid over the rates and charges levied and is a measure of liquidity and debt recovery effectiveness.  Council has continued to perform below the Benchmark, reporting a favourable position when taken into consideration with the hardship concessions Council has extended to the community during the COVID-19 pandemic.

 

vi. Cash Expense Cover Ratio 9.53 months (2019/2020 8.70 months) Benchmark > 3 months

 

This ratio is a measure of the amount of time Council could fund operational expenditure from its available cash, cash equivalents and investments without any cash inflows from operations.  The performance of this ratio has increased from 2019/20 as a number of Capital projects were delayed due to the impact of the pandemic and the redirection of Council resources to grant funded initiatives.

 

2.    Special Purpose Financial Statements

 

The Special Purpose Financial Statements include the Income Statements and Statement of Financial Performance for Council’s Business Activities (Water, Sewerage, CitySmart Solutions, Coffs Harbour Airport, Coffs Harbour Laboratory, Coastal Works, and Coffs Coast Holiday Parks and Reserves) as required for National Competition Policy (NCP) reporting purposes.

 

The Income Statement includes internal transactions between business activities and Council’s General fund, and also shows notional transactions required under NCP (i.e. Imputation Payments, Corporate Taxation Equivalent and Notional Subsidies from Council).

 

The Statement of Financial Position sets out the assets, liabilities and equity of Council’s business activities.  The statement includes internal transactions between business activities and Council’s General fund.

 

Note ‘Significant Accounting Policies’ to the Special Purpose Financial Statements outlines the significant accounting policies complied with and other matters of note affecting the financial statements such as the National Competition Policy Imputation Payments utilised.

 

3.    Special Schedules

 

Council must prepare two Special Schedules as required by the Office of Local Government, the Permissible Income for General Rates and the Report on Infrastructure Assets.

 

The Permissible Income for General Rates reports the income for the current reporting period and for the following year.  The permissible income is calculated in accordance with the rate-peg limit and/or other adjustments in accordance with the Act and appropriate approvals by the Independent Pricing and Regulatory Tribunal (IPART) or the Minister for Local Government.  This Special Schedule is required to be audited in conjunction with the Annual Financial Statements and a copy of the audit report included.

 

The Report on Infrastructure Assets provides information on Council’s assets in addition to that contained in Note C1-8 Infrastructure, Property, Plant and Equipment of the audited General Purpose Financial Statements.  The nature of the information contained in the Special Schedule is related to the condition, maintenance and renewal of infrastructure assets.  This Report is a mandatory requirement of the Office of Local Government; however, is not subject to audit.

 

The adopted Annual Financial Statements and Conduct of the Audit Report, prepared by the Audit Office of NSW, will be presented with Council’s Annual Report as required under S 419(1) of the Local Government Act.

Issues:

Failure to approve the abovementioned statements will result in non-compliance with relevant legislation.

Options:

This report is to enable Council to adopt the audited Financial Statements for 2020/2021.  This is required by legislation and therefore is the only option provided to Council.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

There are no perceived current or future civic leadership impacts.

•     Economic – Broader Economic Implications

There are no perceived current or future economic impacts.

•     Economic - Delivery Program/Operational Plan Implications

The operational plan process through budget reviews have reflected the financial results achieved in Council’s Annual Financial Statements.  Costs for preparation of the Annual Financial Statements are allocated with the Financial Services and Logistics budget cost centres.

Risk Analysis:

It is considered that the recommendation does not present a risk to Council.

Consultation:

The Annual Financial Statements were collated with the assistance of various Council staff members in conjunction with the Audit Office of NSW (Council’s external auditors).

Related Policy, Precedents and / or Statutory Requirements:

The Financial Statements are prepared and presented on an annual basis in accordance with statutory and regulatory requirements.

 

The financial statements have been prepared in accordance with:

 

1.    The Local Government Act 1993 and amendments

2.    Local Government Regulations

3.    Australian Accounting Standards (AASBs)

4.    The "Local Government Code of Accounting Practice and Financial Reporting” published by the Office of Local Government

5.    The “Asset Accounting Manual” published by the Office of Local Government

6.    Instructions issued in circulars released by the Office of Local Government

7.    NSW Government Policy Statement “Application of National Competition Policy to Local Government”

8.    Office of Local Government guidelines “Pricing and Costing for Council Businesses: A guide to Competitive Neutrality”

9.    Council’s policies and procedures

Implementation Date / Priority:

Under Section 416(1) of the Local Government Act 1993, Council’s financial statements for a year must be prepared and audited within the period of four months after the end of that year i.e. submitted to the Office of Local Government by 31 October.  The Financial Statements for 2020/2021 have been completed and audited, and will be lodged with the Office of Local Government by 31 October 2021 following adoption by Council.  The final audited Financial Statements require certification by the designated signatories for the audit opinion and Conduct of the Audit Report to be issued.

Conclusion:

This report presents the final audited Financial Statements for the 2020/2021 financial year to Council for certification and adoption, provides for Council’s external auditors to present their draft Conduct of the Audit Report and provides Council with an analysis of the results for the year.

 

 







































































































































BS21/64       Addition of Former Woolgoolga Surf Life Saving Club Lease Area to Woolgoolga Beach Reserve

Author:                        Property Officer

Authoriser:                  Director Business Services

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  BS21/64   Location of Former Surf Life Saving Club Lot within Woolgoolga Beach Reserve  

 

Executive Summary

This report is seeking Council endorsement, in its capacity as Crown Land Manager of the Woolgoolga Beach Reserve, to the addition of the former Woolgoolga Surf Life Saving Club lease area (Lot 109 DP 752853) into Woolgoolga Beach Reserve.

 

RECOMMENDATION:

That Council, as Crown Land Manager of Woolgoolga Beach Reserve, consent to the addition of Lot 109 DP 752853 (being the former Woolgoolga Surf Life Saving Club lease site) into Crown Reserve 63076 for Public Recreation and Resting Place notified 27 November 1931.

 

Report

Description of Item:

Over the past three years Council has, in collaboration with the Woolgoolga community, been undertaking extensive redevelopment of the Woolgoolga Beach Reserve.  Incorporated into this process has been the relocation of the Woolgoolga Marine Rescue headquarters to Arrawarra Headland.  This was followed by the demolition of the Marine Rescue building and construction of new Woolgoolga Surf Life Saving Club (SLSC) premises on the corner of Carrington and Ocean Streets.

 

The former Woolgoolga SLSC building located at end of Hofmeier Close, adjacent to the Woolgoolga Beach Holiday Park, has now been demolished and the site restored to a level grassed surface.  Woolgoolga SLSC has relocated into the new clubhouse premises and no longer requires use of the lease site (being Special Lease 1955/18 Grafton over Lot 109 DP 752853).  The Club has therefore lodged an application with NSW Department of Planning Industry and Environment (DPIE) to surrender its lease over the area.

 

DPIE have provided advice to Council that, upon completion of the surrender of lease process, it is proposed to add the site to the adjoining Reserve 63076 for Public Recreation and Resting Place which is managed by Council.  DPIE has requested that Council give consideration to the addition of Lot 109 DP 752853 to Reserve 63076 and, if in agreement, a resolution be passed to formally accept the addition of the land to the Reserve.

Issues:

In accordance with the provisions of the Native Title Act 1993 Cth (NTA), all “Acts” (works/dealings) on Crown Land must consider Native Title.  At present, Lot 109 falls within the control of the State Government (DPIE) and liability for past and future “Acts” on/to the land rest with the State Government.  Once the area is added to Woolgoolga Beach Reserve, Council will become responsible for any “Acts” and liable for compensation if any “Act” is later deemed by the Courts to have caused harm to any Native Title.

 

As the addition to the Crown Reserve is being effected after 23 December 1996, the provisions of the NTA restrict “Future Acts” which can be conducted on the land to only those defined in the NTA as generally being ‘facilities for services to the public’ (Subdivision K), and ‘low impact’ (Subdivision L), until a determination is made by the courts as to the presence or absence of Native Title.

 

Given that the land was used extensively in the past as the main entry to the former Woolgoolga Wharf, and thereafter leased to Woolgoolga Surf Life Saving Club, it appears likely that the courts would, once provided with the evidence of valid past dealings, determine that Native Title no longer exists.  However, only the courts can make this determination, thus Council must comply with the provisions of the NTA until that determination is made.

 

Council is already mowing and maintaining the land as part of the Woolgoolga Beach Reserve and there are no plans to undertake any works which are inconsistent with the NTA.  It therefore appears reasonable to consent to the addition of the land into Woolgoolga Beach Reserve.

 

In accordance with the provisions of the Crown Land Management Act 2016, the land will, upon inclusion into the Reserve, be classified as Community Land and managed under the Public Land provisions of the Local Government Act 1993.

 

This report seeks the Council endorsement to the addition of the land into the Reserve.

Options:

Council, as Crown Land Manager of the Woolgoolga Beach Reserve, has the following options available:

 

1.    Adopt the recommendation and advise DPIE of Council’s concurrence to the addition of Lot 109 DP 752853 to Woolgoolga Beach Reserve.

2.    Reject the recommendation and seek tenure (lease/licence) for the land in order to continue use of the area as part of the foreshore parklands.  This could avoid potential liability for compensation under the NTA but would most likely involve an ongoing rental and resourcing burden for Council.

3.    Reject the recommendation and not formally take over management of the land, in which case the land could become Vacant Crown Land, capable of being leased or taken for another purpose inconsistent with Council’s vision for this section of the Reserve as community foreshore parklands.

Sustainability Assessment:

•     Environment

There are no environmental impacts related to the recommendation.

•     Social

Following demolition of the former Woolgoolga SLSC premises and restoration of the site, the land has been used as public parkland and continued use for this purpose provides an ongoing social benefit to the community.

•     Civic Leadership

Council has been managing Woolgoolga Beach Reserve in accordance with ‘Plan of Management for Part of Reserve 63076 for Public Recreation and Resting Place (Southern Section of Woolgoolga Beach Reserve) dated June 2016’ (WBRPOM).  Adopting the recommendation will provide guidance for Council to manage Lot 109 in line with provisions of the WBRPOM.  In accordance with the provisions of the Crown Land Management Act 2016 a new Plan of Management will be prepared and, provided Council resolves for its inclusion, this land will be included in the new Plan of Management which will be prepared and provided to Council for consideration at a later date.

•     Economic – Broader Economic Implications

Incorporation of the land into the adjacent reserve assists in delivering improved economic outcomes for the community by ensuring the land is used in a manner consistent with the adjacent reserve.

•     Economic - Delivery Program/Operational Plan Implications

There are no significant Delivery Program/Operational Plan implications.  The parcel of land is currently being maintained by Council.  The additional costs incurred by Council in maintaining (mowing) this area, which comprises an area of 493.2m2, are relatively minor.

Risk Analysis:

The risks associated with Council endorsement of the addition of the land into Woolgoolga Beach Reserve are considered low.

 

Inclusion of the land into the reserve does expose Council to potential liability for NTA compensation.  However, it is considered likely that Native Title has been extinguished on the site by past acts of exclusive possession.  No other significant risks are considered applicable to the inclusion of the land into the Crown Reserve.

Consultation:

Consulation has been undertaken with DPIE and relevant Council officers.

Related Policy, Precedents and / or Statutory Requirements:

The current WBRPOM makes reference to Lot 109 DP 752853 noting that the Woolgoolga Surf Life Saving Club premises are located on a Crown Special Lease in Perpetuity (SpL 1955/18 Grafton) over Reserve 93122 for Future Public Requirements; and that this land is not presently part of the Woolgoolga Beach Reserve, however access to the clubhouse is provided through the Reserve.  There is also commentary in the WBRPOM about the future of the land and buildings but, as the land did not form part of the Reserve at the time, specific forward planning was not included other than to state:

 

While the future of the clubhouse building will have a significant impact on the management of Woolgoolga Beach Reserve, this is an issue that will not be determined through this Plan of Management.  Having said this, the strategies and actions proposed in the Plan have the capacity to accommodate a range of outcomes with respect to the future of the clubhouse.  The final decision with respect to this matter will be a matter to be determined by the NSW Department of Industry–Lands.

 

The Woolgoolga Beach Reserve Detailed Concept Plan endorsed by Council on 22 November 2018 provided for Council to “develop new premises for the Woolgoolga Surf Life Saving Club”, with clarification as to development and management of the new Woolgoolga SLSC lease site, however reference to management of previous lease area merely stated:

 

The future of the existing lease area and surf club premises to be determined by the Department of Industry-Lands.

 

The Department is now proposing to add Lot 109 to the adjoining Crown Reserve 63076 upon completion of the surrender of Lease by the Woolgoolga SLSC, and has requested that Council consent to the addition of the land to Reserve 63076.

Implementation Date / Priority:

Notification of the resolution by Council will be immediately forwarded to DPIE.

Conclusion:

The addition of Lot 109 DP 752853 to Reserve 63076 for Public Recreation and Resting Place is a practical step for future management of the land following termination of the Special Lease to Woolgoolga SLSC and it is recommended that Council provide its concurrence to the DPIE.

 

 




BS21/65       Proposed Sale of Council owned Operational Land between Eleventh and Circular Avenues, Sawtell

Author:                        Property Officer

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/65   Original Request from Adjoining Owners  

 

Executive Summary

This report seeks Council endorsement for the sale of Lot 50 Section 2 DP 21528 between Eleventh and Circular Avenues, Sawtell to the adjoining owners, subject to the creation of service easements in favour of Council.

 

The neighbours of Council owned land between Eleventh and Circular Avenues, Sawtell have approached Council seeking assistance to address increasing anti-social behaviour occurring within the Council owned property.  The initial request was to lease and fence the land.  However, as the property is considered surplus to public requirements, it is deemed appropriate to sell the land whilst retaining access to the underlying infrastructure through the creation of easements in favour of Council.

 

RECOMMENDATION:

That Council:

1.     Agree to sell Council owned operational land described as Lot 50 Section 2 DP 21528 to the owners of the adjacent properties subject to:

1.1.    The land being subdivided and consolidated into the adjacent properties.

1.2.    Half of the land fronting Eleventh Avenue being purchased by either the owners of No.23 (Lot 17) or No.25 (Lot 18) Eleventh Avenue, Sawtell.

1.3.    Half of the land fronting Circular Avenue being purchased by either the owners of No.17 (Lot 38) or No.19 (Lot 39) Circular Avenue, Sawtell.

1.4.    The creation of all necessary service easements in favour of Council to enable continued access to the land and underground infrastructure.

1.5.    The purchasers paying fair market value for acquisition of each subdivided section of the land.

1.6.    The purchasers meet all costs associated with the above.

2.     Enter into a lease agreement for Lot 50 Section 2 DP 21528 with the owners of the adjacent properties until the subdivision and sale of the property is completed, subject to Council retaining access to the land and underground at all times.

3.     Authorise the General Manager to execute all documents necessary to facilitate the subdivision, sale and registration of easement under the common seal of Council if required.

 

Report

Description of Item:

A request to lease has been received from the owners of two properties adjoining Council owned land, being Lot 50 Section 2 DP 21528, comprising a total area of 206m2, located between Eleventh Avenue and Circular Avenues, Sawtell.  The purpose of the property owners’ request to Council was to restrict public access to this land due to increasing anti-social behaviour occurring within the land.  The original request from the landowners is attached, together with accompanying photos.  This land is not currently a maintenance burden on Council as the adjoining landowners have, for some time, been mowing the area and removing all rubbish.  However, this arrangement is based on the goodwill of the adjoining landowners and is unlikely to continue indefinitely.

 

The land is unencumbered Council owned land, which has been classified by Council as “Operational” in line with the provisions of the Local Government Act 1993 (LG Act).

 

While the land can be used as a pedestrian access way, there is a formed concrete pathway within a designated pedestrian laneway three houses (50 metres) to the west and all Council infrastructure within the drainage reserve is located under the surface of the land.  It was therefore considered by Council officers to be reasonable to progress the request to lease the land to the adjoining owners.

Issues:

Despite there being no legislative requirement to advertise the proposal, for transparency purposes public notice of the proposed lease was given and letters were sent to 40 landowners within the vicinity.  At the end of a 28-day submission period Council received 12 letters of support and 4 letters of objection.

 

Letters of support for the proposal expressed concern about the inappropriate behaviour occurring in the area.  Concern was also expressed for the welfare of an adjacent elderly resident as the area was recently used as an access point for a break and enter into one of the properties.

 

Letters of objection were mostly from the neighbours to the nearby formed concrete pathway.  These objections expressed concern that fencing of this land would increase anti-social behaviour in the formed laneway.  While this is possible, the formed pedestrian laneway has street lighting, is paved, wider and, unlike Lot 50, was dedicated specifically as a pathway in the original plan of subdivision (DP 21528).

 

The subject land (Lot 50) is also shown in the original plan of subdivision (DP 21528) as a drainage reserve.  However, as no drainage reserve covenant has been placed upon the title, it is debatable as to whether the subject land falls within the definition of drainage reserve.  The creation of a separate drainage reserve lot is consistent with the manner in which areas containing this infrastructure were created when the subdivision plan was registered in the late 1940s.  Today, development of land involving this infrastructure does not generally involve the creation of a separate lot. Instead, areas for inclusion of such infrastructure are created by way of an easement over, and incorporated into, affected lands.

 

It is noted that Section 51 of the Local Government Act 1993 states that:

 

land that is held by council for drainage purposes may be used for any other purpose that is not inconsistent with its use for drainage purposes, subject to the Environmental Planning and Assessment Act 1979 and any environmental planning instrument applying to the land.

 

Council may generally sell any land it owns which is classified as Operational under the Local Government Act 1993.  Although it would appear the land was intended to be created as a drainage reserve during subdivision, it is considered the imposition of easements upon the land will fulfil the original intent.  Further, it is considered that creating an easement for drainage over the land would satisfy the requirements of Section 51 Local Government Act 1993, if it were deemed applicable.

Options:

Council has the following options available:

 

1.    Adopt the recommendation to sell the land and lease it in the interim.  This will enable the land to be disposed of while protecting access to the infrastructure through easements, as is the contemporary practice.

2.    Amend the recommendation and enter into a lease only.  This will restrict general access to the land; however, it creates an ongoing administrative burden and will be subject to renewal from time to time.  The land has been assessed as not requiring ongoing Council ownership and use as a pathway, provided the necessary easements are in place.

3.    Reject the recommendation and take over maintenance of the land.

Sustainability Assessment:

•     Environment

There are no environmental impacts associated with the recommendation.

•     Social

It is considered that restriction of access to the land by lease and sale provides an ongoing social benefit to the community.

•     Civic Leadership

Council lease and sale of the land provides an opportunity to assist in curbing anti-social behaviour within the land and directing the public to use the properly formed pathway between Eleventh and Circular Avenues.

•     Economic – Broader Economic Implications

Sale of the land would relieve Council of the potential future burden of maintenance of the area, whilst the creation of easements enables ongoing access to the land for the original (drainage) purpose.  All costs associated with subdivision and sale would be payable by the purchasers.  The land would also be sold at a price to be determined by an appropriately qualified valuer to be the fair market value.

 

It is proposed that the rental payable for the lease would be Council’s nominal tenure fee of $525 plus GST per annum.  This is due to the tenant obtaining no economic benefit from the leasing the property.

•     Economic - Delivery Program/Operational Plan Implications

There are no significant Delivery Program/Operational Plan implications.  However, the adjoining property owners have indicated an inability to continue maintaining the land due to increasing risk of illness and disease from the activities occurring therein.  Therefore, if the lease or sale does not proceed, Council would need to commence mowing and maintaining the land at its own cost.

Risk Analysis:

It is considered there are no risks associated with leasing or selling the land.

 

It is considered that not restricting access to the land via sale or lease will continue to expose the community to the risk of potential illness or injury resulting from some of the anti-social behaviour currently occurring within the land.

Consultation:

Consultation has been undertaken relevant Council officers, nearby property owners and members of the public.

 

Council’s responsible leaders indicated support for the initial lease proposal on the basis that:

 

1.    Pedestrians are able to use the recently completed concrete footpath that connects Eleventh Ave to May Street, Boronia Street, Eight Ave, Elizabeth Street, Second Ave and First Ave (shown in yellow in the plan below).  The line in red is the drainage reserve proposed to be sold.  The formalised concrete footpath (three houses to the west of the subject drainage reserve) is shown on the plan in orange.

2.    Although there is a sewer main and manhole in the reserve, this is no different from most backyards in the LGA and that a condition should be included in the lease agreement, which notes Council’s underground infrastructure and that Council reserves the right to access the leased area at any time for any purpose.

 

Council’s leaders have also indicated support for sale of the land, indicating that relieving Council of ongoing liability for mowing and maintenance of the land for this, and similar scarcely used properties, would be of benefit.  Access to the infrastructure can also be protected through appropriate easements.

Related Policy, Precedents and / or Statutory Requirements:

Council has previously sold small parcels of operational lands to adjoining owners when the adjoining owner has indicated a willingness to purchase the land at fair market value.

 

Part 2 of the Local Government Act 1993 requires all land vested in a council (except a road or devolved Crown Land) to be classified as either "community" or "operational".  As Lot 50 was owned by Council prior to the commencement of the Local Government Act 1993 (LG Act), this land was classified as Operational by resolution of Council upon commencement of the LG Act.

 

Notes to Part 2 of the LG Act specify that the purpose of classification is to identify clearly that land which should be kept for use by the general public (community) and that land which need not (operational).  The major consequence of classification is that it determines the ease or difficulty with which land may be alienated by sale, leasing or some other means.

 

The LG Act places specific restrictions on the lease or licence or sale of Community land.  However, no such restrictions apply to Operational land.  The Notes to Part 2 also state that Operational land would ordinarily comprise land held as a temporary asset or as an investment, land which facilitates the carrying out by a council of its functions or land which may not be open to the general public, such as a works depot or a council garage.

Implementation Date / Priority:

If approved, a lease will commence at the earliest opportunity as the anti-social behaviour is more likely to occur during warmer weather.  Sale of the land would only proceed if the adjacent property owners agree to purchase for fair market value and at the purchasers’ cost, the property subdivided and burdened with easements in favour of Council then consolidated into the purchasers’ properties.  If one party does not wish to proceed with this process, then a lease (only) will be pursued.

Conclusion:

Restricting access to the land through lease and sale would appear to be a practical solution to remove the anti-social behaviour occurring within the area.

 

 








BS21/66       Update on the Funding of Emergency Services' Facilities

Author:                        Director Business Services

Authoriser:                  Director Business Services

My Coffs:                     D.2 We have effective use of public resources.

Attachments:              ATT1  BS21/66   CONFIDENTIAL Emergency Services Facilities Report

Confidential in accordance with Section 10A(2)(d)(ii) of the Local Government Act as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

Executive Summary

This report provides an update to Council on the funding and associated arrangements of Emergency Services Facilities located in the Coffs Harbour City Council Local Government Area.  Discussions to date have been confidential and are subject to agreement with the NSW Government.

 

Recommendation:

That Council consider and adopt the motion in the Confidential Report (Confidential Attachment 1).

 

Report

Description of Item:

There are a number of emergency services’ facilities within the Coffs Harbour City Council Local Government Area (LGA).  These provide essential response and operational facilities to service Coffs Harbour and, in some cases, the broader region. Council has recently received a request from the NSW State Government in relation to future funding of facilities located in the LGA and considered this matter at its meeting on 23 September 2021.

Issues:

The issues associated with this matter are discussed in the Confidential Report (Confidential Attachment 1).

Options:

Council has the following options to consider in relation to this report.

 

1.    Adopt the recommendation in the Confidential Report.

2.    Reject the recommendation in the Confidential Report.

Sustainability Assessment:

•     Environment

The provision of emergency services’ facilities and their location follow the normal application and evaluation processes.

•     Social

The provision of emergency services’ facilities provides the community with the necessary resources and infrastructure to provide response and operational capability to help keep the community safe when incidents and disasters occur.

•     Civic Leadership

Working with NSW State Government departments and agencies ensures that more optimum emergency services support is delivered for the LGA and region.

•     Economic – Broader Economic Implications

The provision of emergency services’ facilities in the LGA support direct and indirect employment and greater emergency capacity.

•     Economic - Delivery Program/Operational Plan Implications

The Delivery Program/Operational Plan impacts are discussed in the Issues Section of the Confidential Report (Confidential Attachment 1).

Risk Analysis:

The risks associated with this matter are discussed in the Confidential Report (Confidential Attachment 1).

Consultation:

For a number of months there have been informal discussions between Rural Fire Service (RFS) and Council officers on this matter and negotiations since the matter was formally considered by Council.

Related Policy, Precedents and / or Statutory Requirements:

·    Emergency Services Service Level Agreements

Implementation Date / Priority:

Council’s resolution on this matter will be expedited and implemented through agreements with the NSW State Government.

Conclusion:

This report provides an update to Council on the funding and associated arrangements of Emergency Services Facilities located in the Coffs Harbour City Council Local Government Area.

 

 


NOM21/23   Review of Coffs Harbour City Centre (Zone B3 Commercial Core)

Attachments:          Nil

 

Motion:

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

"To bring back to Council a report to review and update the flood related development controls that apply to the Coffs Harbour City Centre (Zone B3 Commercial Core)."

 

 

Rationale:

“This will make it easier to develop property in the CBD.”

Staff Comment:

A report can be prepared.

 


SC21/64       Creative Capital Fund 2021 - Jetty Memorial Theatre

Author:                        Group Leader Community & Cultural Services

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  SC21/64   JMT Expansion Project - Overview

ATT2  SC21/64   JMT Expansion Project - Quantity Surveyor Report October 2021  

 

Executive Summary

The NSW Government has introduced $60 million in strategic funding over two years for the delivery of new and improved cultural infrastructure across NSW.

The Creative Capital Fund has been established to meet the demands for facilities to support the creative economy and improve access to and participation in quality cultural experiences across NSW.

This report seeks Council’s endorsement for the ‘Jetty Memorial Theatre Expansion Project - New Rehearsal/Community Space’ to be submitted to the Creative Capital Fund – Medium to Large Projects round.

 

RECOMMENDATION:

That Council:

1.   Submit an application to the Creative Capital Fund - Medium to Large Projects, being the Jetty Memorial Theatre Expansion Project - New Rehearsal/Community Space, at a total cost of $4,907,000 excluding GST.

2.   Allocate $2,436,000 as Council’s contribution to the project should the grant application be successful, and note a further report will be returned to Council at that time to confirm the funding requirements.

3.   Note the $35,000 community stakeholders contribution from the Jetty Theatre Trust Account towards the project.

 

Report

Description of Item:

The NSW Government has introduced $60 million in strategic funding over two years for the delivery of new and improved cultural infrastructure across NSW.

The Creative Capital Fund has been established to meet the demands for facilities to support the creative economy and improve access to and participation in quality cultural experiences across NSW. Cultural equity is at the heart of the new Creative Capital Program and will ensure that more people have access to and can participate in the arts.

Funded projects will include new cultural infrastructure, upgrades to existing cultural infrastructure and purchase of essential equipment to ensure cultural spaces are fit-for-purpose and able to accommodate quality programing such as touring exhibition and productions.

The Creative Capital Fund Medium to Large Projects stream is for grant funding of $250,000-$5,000,000.

The ‘Jetty Memorial Theatre Expansion Project - New Rehearsal/Community Space’ (the project) will deliver:

-     A rehearsal/community space - a replica of the existing performance stage inclusive of directing space, and shall be utilised as an alternative community space;

-     Additional male, female and accessible amenities including shower facility;

-     A set assembly area which is directly accessible to the existing stage;

-     A workshop area;

-     Costume and prop storage areas;

-     Storage for Jetty Theatre management;

-     Development of the venue to be expanded to a modern quality standard sympathetic to the heritage significance of the theatre;

-     Additional car parking including accessible car space; and

-     Extension of the undersized existing kiosk/bar, additional kitchen servery and expanded foyer area.

The project development has been underway for many years, following the consideration of a report on significant projects at Council’s meeting of 12 April 2018.  Specifically, at this meeting Council resolved:

That Council:

1.      Endorse that the following projects be brought to CTP Level 2 (ready to construct status) readiness:

a.       Jetty Theatre Project

b.       Jetty Foreshores Stage 5 (Carpark)

c.       NCRBG Glasshouse Project

d.       Woolgoolga Beach Reserve Improvement Project

e.       Arrawarra Reserve Project

f.        Woolgoolga Whale Trail Project

2.      Endorse that the Brelsford Park Masterplan Project and Jetty Foreshores Stage 6 (subject to funding availability) be brought to CTP Level 1 (ready for grant submission status) readiness.

3.      Endorse the reallocation of a total of $445,000 from existing project funds or relevant reserves, via the next Quarterly Budget Review process, to each project in the following amounts:

a.       $80,000 to Jetty Theatre Project;

b.      $150,000 to Woolgoolga Beach Reserve Improvement Project (acknowledging  an additional $60,000 has already been committed for this purpose);

c.       $45,000 to NCRBG Glasshouse Project;

d.       $50,000 to Jetty Foreshores Stage 5 (Carpark);

e.       $42,000 to Woolgoolga Whale Trail Project;

f.        $36,000 to Arrawarra Reserve Project;

g.       $52,000 to Brelsford Park Masterplan Project.

4.      Receive a future report, upon the identification of appropriate funding sources, for the purpose of reallocating an additional $198,000 in order to advance the Brelsford Park Masterplan Project from CTP1 to CTP2 readiness.

Accordingly, schematic design has been completed for the project by local architects G2 (Overview Attachment 1), which has enabled a costing to be undertaken by a Quantity Surveyor (Updated in October 2021 – Attachment 2).

Further work to progress the project to 100% detailed design would be undertaken as part of the project, and ultimately the finalisation of the design will confirm the final budget. 

Issues:

The project is required to help meet the shortage of available rehearsal space for the community performance groups and make available community space for both the community and not for profit groups. In addition, it will improve current operational shortfalls by providing a larger kiosk and foyer, much needed additional toilets and shower facilities and car parking. It will also improve health and safety standards by providing a set assembly and workshop area adjacent to the stage, therefore minimising the current risk in the manual handling and transportation of stage sets from outside the building.

Essentially this investment will upgrade and expand existing cultural infrastructure enabling a greater fit-for-purpose theatre venue and will ensure increased access and participation to a quality theatre space for our local performing arts communities, touring artists and audiences. The addition of the rehearsal/community space also provides the Jetty precinct and wider area with a new meeting and hire space, diversifying the theatre’s offerings and providing increased revenue opportunities.

Options:

Options available for this report include:

1.   Adopt the recommendation and proceed to submit the application for the Creative Capital Fund for the Jetty Memorial Theatre expansion

2.   Reject the recommendation and do not submit an application

Sustainability Assessment:

•     Environment

There are no specific environmental issues associated with submitting this grant application.

•     Social

The adopted Jetty Memorial Theatre Strategic Plan 2022-2026 recognises the significant social and cultural value the theatre holds for the local community.

•     Civic Leadership

The project supports the following objectives within the MyCoffs Community Strategic Plan:

-     We foster a sense of community, belonging and diversity

-     We enrich cultural life through art, learning and cultural endeavour

-     We nurture mental health, wellbeing and social connection

-     We attract people to work, live and visit in the Coffs Harbour local government area

-     We undertake development that is environmentally, socially and economically responsible

•     Economic – Broader Economic Implications

The expansion project would have positive economic implications during the construction period and also in the long term.

•     Economic - Delivery Program/Operational Plan Implications

The project budget was updated in October 2021 by a Quantity Surveyor (Attachment 2) and is $4,907,000, including project management and contingencies.

Contributions are required under the grant program and matching (50%) funding is considered essential for a competitive grant application. Alternatively, Council could provide a lesser amount of funding (a minimum of 25%).

The proposed matching funding model is:

Project cost                                                                                               $4,907,000

Creative Capital grant application                                                            $2,436,000

Coffs Harbour City Council contribution                                                   $2,436,000

Community Stakeholders Contribution - Jetty Theatre Trust Account     $     35,000

If the grant application is successful, Council’s contribution would be required in the 2022/23 financial year and would likely be sourced from loan funds.  A further report will be returned to Council at the time to confirm the appropriate details.

Risk Analysis:

The Creative Capital Fund is a competitive program with decisions on projects to be funded based on, amongst other things, information provided in the application and supporting documents.

Financial risk needs to be managed through ensuring that cost estimates for a project submission are backed through appropriate levels of design and quantity assessment and contingencies, which as noted above, have been included.

Consultation:

As this project has developed over the years, consultation has included a series of key stakeholder meetings during the initial design brief, architectural concepts and final design stakeholder consultation meetings. Stakeholders included the Jetty Theatre Management Committee, community theatre representatives, stage managers, set designers, Coffs Harbour Eisteddfod, Screenwave and Coffs Harbour Education Campus.

Details of the project including a flythrough are available for the community on Council’s Have Your Say Page https://haveyoursay.coffsharbour.nsw.gov.au/jmt-expansion.

Related Policy, Precedents and / or Statutory Requirements:

The project is supported by Council’s Delivery Program and Operational Plan, and the following strategic planning documents:

-     Creative Coffs Cultural Plan 2017-2022,

-     Issues and Options Paper for Performing Arts Spaces (Indoor and Outdoor) (2020),

-     Community & Cultural Facilities Plan 2021-2031, and

-     Jetty Memorial Theatre Strategic Plan 2022-2026.

Development consent for the project was granted in May 2019.

Implementation Date / Priority:

Expressions of Interest for Creative Capital Fund - Medium to Large Projects close on 3 November 2021, so if endorsed by Council, the application will be lodged accordingly.  Announcement of successful EOIs which will progress to the full application round will be made in November 2021, with the announcement of successful applicants expected in mid-2022. Projects must be able to commence within 3 months of signing the funding agreement.

Conclusion:

This report identifies the Council project which seems most likely to meet Creative Capital Fund - Medium to Large Projects eligibility and assessment criteria. If successful, the funding would enable Council and the NSW Government to work in alignment to deliver this important project for the community.

 






SC21/65       RFT-1406-TO Permanent Museum Exhibition (Design Fabricate & Install)

Author:                        Group Leader Community & Cultural Services

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC21/65   CONFIDENTIAL Contract No. RFT-1406-TO - 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

Two permanent museum exhibitions are planned to be the mainstay of Yarrila Arts and Museum (YAM) at Yarrila Place:

1.   ‘Stories of Coffs’ - social history exhibition (225 m2); and

2.   ‘Welcome to Country’ - Gumbaynggirr exhibition (48 m2).

Following an open tender process, this report recommends the selection of a contractor for contract RFT-1406-TO Permanent Museum Exhibition (Design Fabricate and Install) to deliver these works.

 

RECOMMENDATION:

That Council considers the tenders received for the Permanent Museum Exhibition (Design Fabricate and Install) Contract No. RFT-1406-TO and adopts the recommendation as detailed in the confidential attachment.

 

Report

Description of Item:

At its meeting of 22 April 2021, Council resolved to fund the permanent museum exhibitions within what is now known as the new Yarrila Arts and Museum (YAM).

Council called an open tender for the Permanent Museum Exhibition (Design Fabricate and Install) Contract No. RFT-1406-TO, that closed on 15 September 2021. Tenders were evaluated on the following criteria:

·      Price/Rates – Service

·      Project Team and Experience

·      Capability

·      Project Delivery and Approach

·      Quality Systems

Tender offers were received from four proponents as follows:

·    Archive Collection                                            ABN 84 144 875 187

·    Convergence Design Aust. P/L              ABN 11 441 154 381

·    Thylacine Design                                             ABN 34 097 340 880

·    Trigger Design                                        ABN 74 620 127 102

Issues:

As noted in the 22 April 2021 report to Council, production of the Welcome to Country will be prioritised in recognition of its essential role in welcoming visitors to Yarrila Place and will be completed, along with the Yarrila Arts and Museum (YAM) spaces, for the building’s opening in late 2022.

The permanent Stories of Coffs exhibition will be completed by mid-2023, after the building is operational.

Options:

The options available to Council with respect to this report are:

1.       Adopt the recommendation as outlined in the confidential attachment

2.       Amend or reject the recommendation as outlined in the confidential attachment

Sustainability Assessment:

•     Environment

There are no adverse environmental issues to consider with respect to this contract. 

Consideration to materials, waste, logistics and energy consumption will be considered and developed during design phase.

•     Social

There are no adverse social implications involved with this contract.

The museum permanent exhibition spaces will be interactive, multi-dimensional, respectful and reflective of Country and offer social interaction to the community.

•     Civic Leadership

This contract supports the following objectives within the MyCoffs Community Strategic Plan:

-     We foster a sense of community, belonging and diversity

-     We enrich cultural life through art, learning and cultural endeavour

-     We attract people to work, live and visit in the Coffs Harbour local government area

•     Economic – Broader Economic Implications

Council has demonstrated due diligence by utilising an open tender process and testing the market for the provision of these services.

•     Economic - Delivery Program/Operational Plan Implications

The project is included in the delivery program/operational plan and falls within the budget across the 2021/22 and 2022/23 financial years.  It should be noted that in accepting the subject tender, Council will need to formally confirm the funds for the 2022/23 financial year when that budget is considered by Council next year.

Risk Analysis:

There are no adverse risks with the awarding of this contract.  Risks will be considered and monitored throughout the design, fabrication and installation phase.

Consultation:

Consultation has been undertaken with the external project manager and relevant Council teams.

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures were carried out in accordance with Council’s own policies as well as meeting statutory obligations under the Local Government (General) Regulations 2005 – Part 7 Tendering Division 1 Preliminary 163 section 55.

Implementation Date / Priority:

Once approved by Council, the contract can commence immediately. 

Conclusion:

Following an open tender process, a recommendation is made to Council to appoint the contractor for RFT-1406-TO Permanent Museum Exhibition (Design Fabricate and Install), as outlined in the confidential attachment.

 


SC21/66       Provision of Telecommunications Infrastructure Policy, Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) and Amendment of Coffs Harbour City Council Community Participation and Engagement Plan - Post Exhibition

Author:                        Senior Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/66   Provision of Telecommunications Infrastructure Policy

ATT2  SC21/66   Coffs Harbour DCP 2015 - Amendment No. 23 (Telecommunications Facilities)

ATT3  SC21/66   Amendment to Coffs Harbour City Council Community Participation and Engagement Plan

ATT4  SC21/66   CONFIDENTIAL Public and Stakeholder 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 27 May 2021, Council resolved to publicly exhibit and carry out stakeholder consultation on a draft policy for the provision of telecommunications infrastructure and associated amendments to Council’s Development Control Plan and Community Participation and Engagement Plan.

Public exhibition and stakeholder consultation was undertaken from 7 July to 6 August 2021. The purpose of this report is to seek endorsement from Council of a Provision of Telecommunications Infrastructure Policy (Attachment 1); Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) (Attachment 2); and an amendment to the Coffs Harbour City Council Community Participation and Engagement Plan (Attachment 3), which have been revised to address issues raised during the public exhibition process.

 

Recommendation:

That Council:

1.       Adopt the Provision of Telecommunications Infrastructure Policy (Attachment 1).

2.       Approve Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) (Attachment 2) which will come into effect when public notice of Council’s decision is made in accordance with Part 3, Division 3 of the Environmental Planning and Assessment Regulation 2000.

3.       Adopt an amendment to Table 6 of the Coffs Harbour City Council Community Participation and Engagement Plan to include Telecommunications Facilities (Attachment 3).

4.       Notify all persons who made a submission of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting of 12 November 2020, it was resolved:

That Council prepare a draft policy on the appropriate provision of telecommunications infrastructure in the Coffs Harbour Local Government Area. Including:

a)    Examples of best practice outcomes for this type of telecommunication infrastructure as a guide for what we should aim to achieve.

b)    Relevance to previous consultation and input from community and stakeholders.

c)    Recommend changes and amendments to all relevant local planning policies and strategic documents and other recommended actions.

A report detailing the options in relation to telecommunications infrastructure was considered by Council at its Ordinary Meeting of 27 May 2021. This report clarified for Council that under the provisions of Commonwealth and NSW legislation, many types of telecommunications infrastructure can be developed without the need for Council consent and without a requirement for proponents to consult with Council. This report noted that in such situations, there is limited ability for Council to influence telecommunications infrastructure development outcomes. It was also identified in this report that there are three situations is in which Council does have the ability to influence or determine development outcomes, as follows:

1.    When consulted by telecommunications providers on proposals for new telecommunications infrastructure that does not require development consent (this includes; facilities developed by public authorities, new underground cables and fibre access nodes, micro-cell and small cell mobile facilities, new antennae on existing facilities, extensions to existing towers for co-location purposes, replacement of existing towers and new towers in industrial or rural zones).

2.    When considering proposals from telecommunications providers to site infrastructure on Council owned property or assets (such as water reservoirs or their sites).

3.    When assessing development applications for telecommunications infrastructure that requires Council consent (typically this includes; new mobile phone base station towers in zones other than industrial or rural zones, or where located within 100 metres of a residential zone, or where exceeding height limits under State Environmental Planning Policy (Infrastructure 2008)).

To address Council’s resolution from its Ordinary Meeting of 12 November 2020, a draft Provision of Telecommunications Infrastructure Policy was developed with a supporting draft amendment to Council’s Development Control Plan (DCP) which introduced explicit controls for telecommunications infrastructure to respond to the local landscape, environment and community expectations. An amendment to Table 6 of Council’s Community Participation and Engagement Plan (CPEP) was also drafted to require all development applications for ‘telecommunications facilities’ to be advertised and notified.

Accordingly, at the Ordinary Meeting of 27 May 2021, it was resolved that Council:

1.   Amend the draft Provision of Telecommunications Infrastructure Policy (Attachment 2) and the draft Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) (Attachment 4) to reflect the principle that Council is not supportive of telecommunications towers in close proximity (500m) to schools and child care facilities.

2.   Endorse, publicly exhibit and carry out stakeholder consultation on the updated draft Provision of Telecommunications Infrastructure Policy for a minimum period of 28 days in accordance with the Coffs Harbour City Council Community Participation and Engagement Plan (Attachment 2).

3.   Endorse and publicly exhibit the draft amendment to Table 6 of the Coffs Harbour City Council Community Participation and Engagement Plan for a minimum period of 28 days in accordance with Schedule 1 of the Environmental Planning and Assessment Act 1979 (Attachment 3).

4.   Endorse, publicly exhibit and carry out stakeholder consultation on the updated draft Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) for a minimum period of 28 days pursuant to Clause 18 of the Environmental Planning and Assessment Regulation 2000 and Schedule 1 of the Environmental Planning and Assessment Act 1979 (Attachment 4).

5.   Consider a further report outlining the outcomes of public exhibition of, and stakeholder consultation on, the updated draft Provision of Telecommunications Infrastructure Policy, updated Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) and draft amendment to Table 6 of the Coffs Harbour City Council Community Participation and Engagement Plan.

The purpose of this report is to seek endorsement from Council of a Provision of Telecommunications Infrastructure Policy (Attachment 1); Coffs Harbour DCP 2015 - Amendment No. 23 (Telecommunications Facilities) (Attachment 2); and an amendment to Coffs Harbour City Council CPEP (Attachment 3), which have been revised to address issues raised during the public exhibition process.

Issues:

Public exhibition of the draft Policy and associated draft amendments to Council’s DCP and CPEP was undertaken from 7 July to 6 August 2021. Targeted consultation was also undertaken with stakeholders during the public exhibition period. At the conclusion of the public exhibition period, three public submissions (including one pro-forma submission with fifteen signatures) and two stakeholder submissions had been received by Council (Attachment 4). A summary of the issues raised by submissions is provided as follows:

·    Public Submissions

The following issues were raised by public submissions:

-     Electromagnetic energy (EME) emitted by telecommunications infrastructure is dangerous to human health.

-     Mobile phone and NBN towers should not be located near residential areas due to impacts on human health. They should be located in industrial areas or remote locations.

-     The 500 metre separation of mobile phone towers from schools and child care facilities is supported.

-     A particular telecommunications tower in Coffs Harbour is adversely impacting nearby residents due to poor maintenance of the facility and compound, construction noise and EME.

·    Stakeholder Submissions

The following issues were raised by stakeholder submissions:

-     There is no evidence that EME from telecommunications facilities is harmful to human health.

-     All telecommunications facilities are required to comply with Australian Government standards for protection of human health from radiation.

-     There is no scientific basis for a 500 metre buffer to schools and child care facilities; 500 metres is an arbitrary distance and ignores the complexities of EME.

-     The 500m buffer undermines the credibility of the Radiation Protection Standard.

-     School students are no more vulnerable to EME than other cohorts of the population.

-     Mobile phone network towers operate at low power levels. Requiring greater separation to users may require antennae and handsets to operate at higher power levels.

-     Due to the prevalence and spatial distribution of schools and child care centres in the Coffs Harbour and Sawtell/Toormina/Boambee areas, implementing a 500 metre buffer would exclude large parts of this area from being available to accommodate telecommunications infrastructure. This would inhibit telecommunications providers’ ability to provide effective telecommunications services and could result in reception black spots and network congestion.

-     The requirement for a 500 metre exclusion zone may be contradictory to other desirable locational criteria, such as co-location on existing facilities or locations within industrial zones.

-     17 out of 50 (34%) of existing telecommunications facilities in the Coffs Harbour local government area (LGA) are currently within a 500 metre distance of a school or child care facility.

·    Regulation of Electromagnetic Energy Emissions

In Australia, EME is regulated by the Australian Radiation Protection and Nuclear Safety Authority (ARPANSA) under its Radiation Protection Standard. EME emitted by all telecommunications infrastructure must be less than the human health exposure levels in the Radiation Protection Standard. The Federal Government deems that telecommunications infrastructure that is operated in accordance with the Radiation Protection Standard does not pose a risk to human health.

·    Separation Distance

The Australian Government does not require or recommend any separation between schools or child care facilities and telecommunications infrastructure as it is not deemed that telecommunications infrastructure poses any risk to human health if meeting the Radiation Protection Standard.

NSW Government planning regulations also do not require any such separation.

Of particular note, on 1 October 2021, the NSW Department of Education consolidated their Mobile Telecommunications Facilities Policy into the Sharing of Schools Facilities Policy. The updated policy no longer expresses a preference for a 500m separation between schools and mobile phone towers.

·    Proposed Changes to Policy

A number of changes to the draft Policy are recommended in response to issues raised by submissions and to improve the clarity and useability of the policy. A summary of the recommended changes are as follows:

1.   Removal of the Principle that Council is not supportive of telecommunications towers within 500 metres of schools and child care facilities. This requirement is inconsistent with Australian Government advice and radiation protection standards. In some cases, it will also contradict other acceptable location criteria (such as co-location with existing facilities and location in business or industrial zones). Industry advises that a 500m buffer is likely to hinder the provision of effective telecommunications services within the Coffs Harbour LGA.

2.   Removal of the Principle stating that telecommunications infrastructure must comply with the Radiation Protection Standard. This is a statutory requirement that does not need to be re-stated in the Policy.

3.   Inclusion of Zone SP2 Infrastructure (in addition to Business and Industrial Zones) as a location in which telecommunications infrastructure is considered appropriate.

4.   Inclusion of a succinct guideline on application of the Principles for siting and design of telecommunications infrastructure.

5.   Minor wording changes to improve the legibility and clarity of various siting and design Principles.

The revised Policy is included at Attachment 1.

·    Proposed Changes to Coffs Harbour DCP 2015

The following changes to Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) are recommended in response to issues raised by submissions, and to improve clarity and flexibility:

1.   Removal of the note regarding Council’s preference for a 500 metre separation between telecommunications towers and schools and child care facilities. This preference (stated as a note) is not a development control; is inconsistent with the Radiation Protection Standard; and lacks scientific justification.

2.   Deletion of the requirement for inclusion of a cumulative EME map with development applications, as this is not part of a standard EME report.

3.   Removal of the requirement for two-wheel drive vehicular access to all telecommunications infrastructure sites, as this is not practical in some circumstances.

4.   Minor wording changes to improve the legibility and clarity of various controls and allow more flexibility.

5.   Removal of note referencing the Department of Education policy that expresses a preference for a 500m buffer to schools, as the Department has amended this policy and removed this distance preference.

The revised DCP amendment is included at Attachment 2. No changes are recommended to the proposed amendment to Council’s CPEP from what was exhibited (Attachment 3).

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.   Amend the recommended planning frameworks to maintain the draft policy position of a 500 metre separation between telecommunications towers and schools and child care facilities.

3.   Resolve to undertake an alternative approach.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The policy and DCP controls will ensure that development of telecommunications infrastructure is designed and located to minimise adverse environmental impacts.

•     Social

The policy and DCP controls will ensure that development of telecommunications infrastructure is designed and located to minimise adverse social impacts. The amendment to Council’s CPEP will ensure that the community is notified when Council receives a development application for telecommunications infrastructure.

•     Civic Leadership

The recommendations of this report are consistent with the ‘MyCoffs Community Strategic Plan’, in particular C1.2 – undertaking development that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

The Policy and DCP controls are intended to facilitate the development of telecommunications infrastructure where that infrastructure will not have adverse impacts. Development of effective telecommunications services within the Coffs Harbour LGA will facilitate business investment and economic growth. Accordingly, it is considered the Policy and DCP amendment will not have adverse impacts on the broader local economy.

•     Economic - Delivery Program/Operational Plan Implications

The introduction of a policy on telecommunications infrastructure and associated changes to Council’s DCP and CPEP are unlikely to result in any impacts to Council’s Operational Plan or Delivery Program.

Risk Analysis:

Submissions received from industry stakeholders indicate that implementation of a 500 metre separation between telecommunications infrastructure and schools/childcare facilities is likely to hinder the provision of effective telecommunications services within the Coffs Harbour LGA. The post exhibition changes to the Policy and DCP amendment have reduced this risk.

Consultation:

Public exhibition of the draft Policy, draft DCP 2015 amendment and draft CPEP amendment was carried out from 7 July until 6 August 2021. Targeted consultation with stakeholders was undertaken with the Coffs Harbour Chamber of Commerce; Sawtell Chamber of Commerce; Woolgoolga and Northern Beaches Chamber of Commerce; Northern Beaches Residents Association Inc.; NBN Co; Australian Mobile Telecommunications Association (and their sub-group the Mobile Carriers Forum); and Communications Alliance Ltd. Three public submissions (including one pro-forma submission with fifteen signatures) and two stakeholder submissions were received by Council. Issues raised by submissions have been taken into account in the finalisation of the Policy and associated DCP/CPEP amendment. Consultation has been, and will continue to be, undertaken in accordance with Council’s CPEP, as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Public exhibition and stakeholder consultation

x

x

Council report on exhibition and consultation

x

x

Notification of adoption and commencement

x

 

 

Related Policy, Precedents and / or Statutory Requirements:

There are no existing Council policies that have direct relevance to the draft Policy, development of telecommunications infrastructure or Council’s role in development of telecommunications infrastructure. Relevant statutory requirements have been complied with in the preparation and exhibition of the draft Policy and draft DCP/CPEP amendments.

Implementation Date / Priority:

Should Council resolve to adopt the Policy and CPEP amendment, their implementation will commence immediately. Should Council resolve to adopt the DCP amendment, it will come into force when public notice of Council’s decision is given in accordance with Part 3, Division 3 of the Environmental Planning and Assessment Regulation 2000. 

Conclusion:

Public exhibition and stakeholder consultation has been undertaken on the draft Provision of Telecommunications Infrastructure Policy and associated DCP/CPEP amendments. The Policy and DCP amendment have been revised to address issues raised by submissions made during the exhibition process, including removal of the requirement for a 500 metre separation between telecommunications infrastructure and schools/child care facilities. It is recommended Council adopt the revised Provision of Telecommunications Infrastructure Policy (Attachment 1), revised Coffs Harbour DCP 2015 – Amendment No. 23 (Telecommunications facilities) (Attachment 2) and the amendment to Table 6 of Council’s CPEP (Attachment 3).

 


















SC21/67       Standard Instrument (Local Environmental Plans) Amendment - Optional Special Flood Consideration Clause

Author:                        Senior Waterway Engineer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/67   Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021  

 

Executive Summary

The NSW Government has recently introduced a new flood prone land package, which commenced on 14 July 2021. The Standard Instrument (Local Environmental Plans) amendment included an optional ‘Special Flood Considerations’ clause. This optional clause applies controls specifically to land located between the flood planning area (FPA), which in Coffs Harbour is the area below the 1% annual exceedance probability (AEP) level plus 500mm of freeboard, and the probable maximum flood (PMF). It applies to certain sensitive and hazardous development types that have been identified as having a higher risk to life and warrant the consideration of the impacts of rarer floods on land located outside of the FPA.

Effective consideration of flood risk in land use planning involves developing an understanding of the full range of flood behaviour up to the PMF. Previous significant flood events in Coffs Harbour and in other areas of NSW and Queensland show the importance of managing flood risk up to and beyond the 1% AEP flood, and of considering flood risk up to the probable maximum flood (PMF) level. This report recommends that Council opt-in to the ‘Special Flood Considerations’ clause, which will then be inserted by the NSW Government into Coffs Harbour Local Environmental Plan (LEP) 2013 and will come into force (Attachment 1).

The clause is consistent with Council’s current policy position as set out in provisions contained within Coffs Harbour Development Control Plan (DCP) 2015.  It will also be necessary to prepare amendments to Coffs Harbour DCP 2015 to include references to the ‘Special Flood Considerations’ area and clause; and to map the ‘Special Flood Considerations’ area. The ‘Special Flood Considerations’ area map and DCP updates will be reported to Council for exhibition at a future date.

 

RECOMMENDATION:

That Council:

1.   Opt-in to the ‘Special Flood Considerations’ standard instrument clause of the Local Environment Plan (Attachment 1), and notify NSW Department of Planning, Industry and the Environment accordingly.

2.   Note that a further report will be brought back to Council to publically exhibit the ‘Special Flood Considerations’ area map and Development Control Plan amendments.

 

Report

Description of Item:

The NSW Government has recently introduced a new flood prone land package, which commenced on 14 July 2021. It provides advice to councils on consideration of flooding in land-use planning and includes:

-     a revised s9.1 local planning direction on flooding (Local Planning Direction);

-     a new planning circular: Considering flooding in land use planning: guidance and statutory requirements (Planning Circular);

-     a new guideline: Considering Flooding in Land Use Planning (Guideline);

-     Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021;

-     Environmental Planning and Assessment Amendment (Flood Planning) Regulation 2021 (EPA Amendment Regulation); and

-     State Environmental Planning Policy Amendment (Flood Planning) 2021.

The Standard Instrument (Local Environmental Plans) amendment included an optional ‘Special Flood Considerations’ clause (Attachment 1). This optional ‘Special Flood Considerations’ clause applies controls specifically to land located between the FPA, and the PMF. It will apply to certain development types that have been identified as having a higher risk to life and warrant the consideration of the impacts of rarer floods on land located outside of the FPA. These types of development require special flood considerations relating to the management of risk to life and the risk of hazardous industry/hazardous storage establishments to the community and the environment in the event of a flood. The sensitive and hazardous land uses that the clause applies to include:

-     boarding houses;

-     caravan parks;

-     correctional centres;

-     early education and care facilities;

-     eco-tourist facilities;

-     educational establishments;

-     emergency services facilities;

-     group homes;

-     hazardous industries;

-     hazardous storage establishments;

-     hospitals;

-     hostels;

-     information and education facilities;

-     respite day care centres;

-     seniors housing;

-     sewerage systems;

-     tourist and visitor accommodation; and

-     water supply systems.

Previous significant flood events in Coffs Harbour and in other areas of NSW and QLD show the importance of managing flood risk up to and beyond the 1% AEP flood, and to consider flood risks up to the PMF level. Effective consideration of flood risk in land use planning involves developing an understanding of the full range of flood behaviour up to the PMF.

It is recommended that Council opt-in to the ‘Special Flood Considerations’ clause to further build resilience in our community and reduce the extent of property damage and potential loss of life from severe to extreme flooding. The clause is consistent with Council’s current policy position (noting the existing Coffs Harbour DCP 2015 contains provisions related to flood requirements for sensitive and essential facilities that already require these facilities be built to the 1 in 500 AEP or PMF flood levels).

A separate State Environmental Planning Policy (SEPP) amendment will be undertaken by NSW Department of Planning, Industry and Environment (DPIE) to insert the optional clause into Coffs Harbour LEP 2013 and other LEPs for those councils who choose to opt into the clause. 

Issues:

If Council resolves to opt-in to the ‘Special Flood Considerations’ clause, it will be inserted by the NSW Government into Coffs Harbour LEP 2013 and will come into force.

It will then be necessary to prepare amendments to Coffs Harbour DCP 2015 to include references to the ‘Special Flood Considerations’ area and clause. Mapping of the ‘Special Flood Considerations’ area will also need to be provided, however not all waterways within the Local Government Area (LGA) have flood studies that provide a PMF extent. The ‘Special Flood Considerations’ area will only be available for catchments where the PMF extent has been derived through a flood study, and will be updated once new information is available. The ‘Special Flood Considerations’ area map and DCP updates will be reported to Council for exhibition at a future date.

Options:

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

1.   Resolve to adopt the recommendation of this report.

2.   Resolve to undertake an alternative approach.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

Flood events, large and small, are natural occurrences and development of the floodplain can alter flooding behaviour. The ‘Special Flood Considerations’ clause looks to reduce the risk and impact that hazardous industry and hazardous storage establishments may have on the environment in the event of severe to extreme flooding.

•     Social

Large flood events can have a huge impact on the local community and on individuals affected by flooding. Flood events are very disruptive with dwellings and personal belongings destroyed or damaged as well as local businesses suffering direct losses from destruction or damage to work places and stock, plus loss of trade. The intent of the clause is to build resilience in our community and reduce the extent of property damage and potential loss of life from severe to extreme flooding.

•     Civic Leadership

The ‘Special Flood Considerations’ clause is consistent with the NSW Government’s Floodplain Development Manual and Flood Prone Land Policy.

•     Economic – Broader Economic Implications

While flooding can have a very large impact on the local economy with many varied economic implications, opting in to the ‘Special Flood Considerations’ clause is not expected to have any significant immediate broader economic impacts.

•     Economic - Delivery Program/Operational Plan Implications

Opting in to the ‘Special Flood Considerations’ clause in Coffs Harbour LEP 2013 is not expected to impact on Council’s delivery program or operational plan.

Risk Analysis:

Flooding is a naturally occurring hazard affecting significant areas of the LGA.  Opting in to the clause will reduce the risk of flooding on future development. Council receives indemnity, in relation to flood advice given and actions done, provided it has acted in good faith and followed the NSW Government guidelines.

Consultation:

NSW DPIE have provided Council with the opportunity to submit our interest to incorporate the optional standard instrument ‘Special Flood Considerations’ clause into Coffs Harbour LEP 2013.

Communications will be issued to the community through the usual channels informing them of the changes, with additional consultation to commence with the exhibition of the ‘Special Flood Considerations’ area map and DCP updates that will be subject of a future council report.

The consultation inputs are as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Internal consultation and review by Council staff

x

x

x

 

Council Report

x

 

 

 

Notification of Council’s decision

x

 

 

Place Score:

In early 2019, Council undertook extensive community consultation using the Place Score place-making tool to understand community priorities and values. The top ranked strength for the Coffs Harbour LGA in this study was ‘Elements of the Natural Environment’. Despite this strength, the community identified ‘Protection of the Natural Environment’ in its top five priorities for improvement. Protection of the natural environment is a key consideration in recommending that Council opt-in to the ‘Special Flood Considerations’ clause of the LEP.

Related Policy, Precedents and / or Statutory Requirements:

The NSW Flood Prone Land Policy is consistent with the 2005 Floodplain Development Manual relating to the management of flood liable land in accordance with s733 of the Local Government Act 1993.

Section 733 of the Local Government Act 1993 protects councils from liability if they have followed the principles of the manual.

Implementation Date / Priority:

A separate SEPP amendment will be undertaken by NSW DPIE to insert the optional clause into each LEP for those councils who choose to opt-in to the clause. NSW DPIE have indicated that it is not anticipated to be completed before the end of March 2022.

A further report will be brought back to Council to publically exhibit the ‘Special Flood Consideration’ area map and DCP amendments.

Conclusion:

The Standard Instrument (Local Environmental Plans) amendment of the NSW Government Flood Prone Land Package included an optional ‘Special Flood Considerations’ clause. The clause applies controls specifically to land located between the FPA and the PMF. It will only apply to certain development identified as being sensitive or hazardous due to risk of life, evacuation of people or other safety considerations in the event of a flood. It is recommended that Council opt-in to the clause to further build resilience in our community and to reduce the extent of property damage and potential loss of life from severe to extreme flooding.

The clause is consistent with Council’s current policy position as set out in provisions contained within Coffs Harbour Development Control Plan (DCP) 2015 related to flood requirements for sensitive and essential facilities.

 








SI21/25         North Boambee Valley - Detention Basin

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              Nil

 

Executive Summary

Council has previously resolved to forward fund and construct a (small) flood detention basin within the North Boambee Valley West Development (NBVWD) Precinct for the purpose of enabling the development of this area to proceed.

This report recommends that Council instead consider an alternate option to construct a larger flood detention basin in the flood catchment which is upstream of the NBVW development precinct rather than continue with the resolved position.

The reasons underpinning this request are that there are significantly greater flood mitigation and economic benefits to be yielded by the proposed alternate course of action which would not only enable the development of the NBVWD Precinct to proceed as planned, but also achieves the wider flood mitigation objectives of the Boambee/Newports Creek Floodplain Risk Management Plan.

 

RECOMMENDATION:

That Council:

1.   Not proceed with the originally resolved concept of a (small) flood detention basin within the North Boambee Valley West Release Area development precinct.

2.   Proceed instead with the final design and construction of a (larger) flood detention basin located further upstream in the same catchment.

3.   Note that the existing land acquisition requirements which currently exist under the small detention basin option will naturally transfer to the larger detention basin option. 

 

Report

Description of Item:

In December 2014 Council considered a Planning Proposal for North Boambee Valley West. The Proposal identified that flood mitigation works would be required in order to optimise the development potential of the future development precinct, parts of which would otherwise remain undevelopable.

The Planning Proposal therefore included a Flood Study that assessed three options for flood detention basins:

-    A large basin (Basin 1B in the Proposal) which would provide flood detention for the future NBVW development areas and which would also provide significant additional benefits for the wider catchment area including the Coffs Hospital Precinct.

-    A smaller basin (Basin 2C in the Proposal) which would provide flood detention for the residential area only.

-    A further small basin (Basin 3 in the Proposal) which would to provide flood detention for the industrial area.

The Planning Proposal itself recommended the large Basin 1B as the preferred option as it would not only mitigate flooding issues related to the proposed development areas but would also additionally provide significant flood mitigation benefits to currently flood affected properties in the downstream catchment. In addition, it could also compensate for the future Pacific Highway Bypass.

The Planning Proposal also recommended that should the large basin be constructed, the small basins 2 and 3 would not provide further economic benefit and would therefore not require construction.

As part of the later Boambee Newports Creek Floodplain Risk Management Study and Plan which was partially funded by the NSW Floodplain Management Grant Program, the large Basin was also the recommended option to mitigate flood risk in the wider catchment. This study and plan was adopted by Council on 9 June 2016.

At its ordinary meeting on 24 Aug 2017 Council considered a staff recommendation and resolved (Resolution 2017/187) to construct a small flood detention basin ‘2C’, costed at approximately $2.1m, within the confines of the NBVWD precinct itself in order to enable the accelerated development of that area. Later, at its Ordinary Meeting on the 28th March 2019 Council resolved to forward fund Basin 2C (Resolution 2019/53) and the LEP amendment to that effect was made in April 2019.

That imperative to develop the NBVW precinct early, upon which Council’s resolutions leading to the selection and forward funding of small detention basin 2C, did not ultimately come to fruition. Amongst other issues, the Planning Proposal for the NBVW precinct was significantly delayed due to complications arising with the Bypass and other RMS issues.

The intervening time has been utilised to progress with the planning, investigation and design of the (large) detention basin 1B which was originally provided as the preferred option in the 2014 Planning Proposal and which was also later recommended as the preferred option by the Boambee/Newports Creek Floodplain Risk Management Plan.

Additionally, Council is now also aware TfNSW is prepared to provide significant contribution funding for (large) detention basin 1B because it would provide a beneficial impact on flooding along the Bypass alignment.

This report consequently now recommends that Council consider this to be a proficient time to resolve to switch direction and progress with the (large) detention basin 1B option on the basis that it too will optimise the development potential of the NBVW Development Precinct, but will also generate additional and valuable downstream flood mitigation effects for the entire Boambee/Newports Creek catchment, including the sensitive areas around the Coffs Harbour Hospital.

Issues:

If the smaller Basin 2C was to be constructed, the large basin 1B would still need to be built to provide any reduction in flood risk and damage cost reductions to the wider catchment area.

Costs and Funding

The (small) basin with the NBVWD precinct is costed at approximately $2.35m. As a result of the offset provided by the future collection of developer contributions, Council’s direct costs would be insignificantly low and notionally $0.

The alternate option of a (large) Detention Basin 1B upstream of the development is costed at approximately $4.30m including land acquisition with funding as follows:

-    $1.8m from the NSW Government Floodplain Management grant scheme

-    $650,000 via a cash contribution from TfNSW

-    $946,000 from developer contributions, and

-    $900,000 from Council.

Council has submitted an application for funding to construct the large Detention Basin 1B through 2021/22 NSW Government Floodplain Management grant scheme and a result is expected before the end of this calendar year.

Detention Basin 1B would also provide flood mitigation along a sensitive length of the yet to be constructed Coffs Bypass. This outcome would allow some savings to the Bypass Project budget. Discussions between Council and TfNSW have elicited a commitment from the State that the project benefits resulting from a future large Detention Basin 1B would be recognised by the Bypass Project with a cash contribution to a project to construct Detention Basin 1B.

Some of the costs of the (large) Detention Basin 1B can also be recouped via an appropriate amendment to the NBVW Development Precinct Contributions Plan.

Limitations of the (small) Detention Basin within the NBVW Development Precinct

The small detention basin 2C effectively optimises, as it was conceived to do, the developable area within the precinct. However, it serves no greater purpose nor supplies any further significant relief to the wider Boambee/Newports catchment which lies downstream, and does not progress the further objectives of the Boambee/Newports Floodplain Risk Management Plan.

Additional Benefits of the (large) Detention Basin Option

The Floodplain Risk Management Study and Plan demonstrates that the large basin 1B would not only optimise the developable area of the NBVW precinct, but would also reduce flooding to premises and dwellings in the downstream catchment, reduced flood damages in the commercial areas of Isles Drive, Mansfield Drive and Cook Drive, and provides improved flood access and reduce flood risk to the Coffs Harbour Hospital.  Basin 1B can enable the proposed development area, and also compensate for the future Pacific Highway bypass. The basin has been shown to reduce NPV flood damage with a benefit/cost ratio of 1.17.

Options:

Council has two primary options in this matter:

1.   Adopt the recommendation which will enable both the NBVW development to proceed and also achieve the wider objectives of the Boambee Newports Creek Floodplain Risk Management Plan; or

2.   Decline the recommendation and proceed with Detention Basin 2B as currently resolved. This would enable the NBVW development to proceed, as planned, but it should be noted that ultimately the large Detention Basin 1B would need to be constructed in any case to achieve the wider flood mitigation objectives of the Boambee Newports Creek Floodplain Risk Management Plan.

Sustainability Assessment:

•     Environment

There are no direct environmental consequences which arise from this report. Should the project proceed it will itself be subject to Council’s existing environmental risk management processes at that time.

•     Social

The report identifies the additional social benefits which would stem from the additional flood mitigation and risk management outcomes of the recommended course of action.

•     Civic Leadership

The project which is subject to this report’s recommended course of action aligns with Council disaster and emergency management objectives, and creates a more prepared, resilient and risk proofed City.

•     Economic – Broader Economic Implications

The report quantifies, via a referenced analysis, that a positive cost/benefit ratio would be achieved.

•     Economic - Delivery Program/Operational Plan Implications

Council’s currently resolved position (to proceed with small detention basin 2C) would see Council forward fund and then recoup the expected $2.3M project costs via developer contributions.

This report’s recommended course of action, i.e. to proceed with large detention basin 1B, would see Council provide forward funding of $4.3m and then recoup:

-     $1.8m from the NSW Government Floodplain Management grant scheme

-     $650,000 via a cash contribution from TfNSW

-     $946,000 from developer contributions, and

-     Leaving a final cost to Council of approximately $900,000.

Risk Analysis:

The Boambee Newports Creek Floodplain Risk Management Plan details the extent and nature of flood risks which arise to residential, health and commercial areas along the Boambee/Newports Creek catchment. The same Plan identifies the direct benefits (positive ratio) which are expected from the creation of a detention basin constructed in line with the recommendation in this report.

The estimated costs of large detention basin 1B are predicated on two assessments:

-     a Quantity Survey analysis of a developed design for large basin 1B, and

-     an assessment of the land acquisition costs at ‘fair value’.

Consultation:

Very broad internal consultation underpins this report’s recommended course of action.

Related Policy, Precedents and / or Statutory Requirements:

Boambee Newports Creek Floodplain Risk Management Plan

Implementation Date / Priority:

A medium term project which will commence immediately upon resolution.

Conclusion:

This report recommends that Council resolve to proceed with the detailed design and construction of the Flood Detention Basin 1B which has been recommended by the Boambee Newports Creek Floodplain Risk Management Plan.

 

 


SI21/26         Moonee Street and Park Avenue Street Reconfiguration

Author:                        Building and Open Spaces Strategist

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  SI21/26    Moonee St and Park Ave Concept Plan Concept Design Plan 18.10.21

ATT2  SI21/26    Moonee St and Park Ave Concept Design Report 18.10.21  

 

Executive Summary

This report seeks Council endorsement of the Draft Moonee Street and Park Avenue Masterplan to be placed on public exhibition. This is an action of the Coffs Harbour City Centre Masterplan 2031 (CC Masterplan) adopted by Council at its meeting on 28 February 2013.

Following public exhibition, the final Moonee Street and Park Avenue Street Reconfiguration Plan will be presented to Council for its approval to be incorporated in the CC Masterplan 2031.

The improved Plan will support future funding applications, and provide strategic direction for the development of the City Centre streetscape.

 

RECOMMENDATION:

That Council endorse the Draft Moonee Street and Park Avenue Street Reconfiguration Plan as part of the City Centre Masterplan 2031 to be placed on public exhibition for 28 days.

 

Report

Description of Item:

The Coffs Harbour City Centre Masterplan 2031 provides for ten (10) City Centre Strategies and City Centre Projects. One of these projects is a Street Reconfiguration Project for creating attractive, people-orientated streets that promote renewal and redevelopment within the CBD (Coffs Harbour City Centre Masterplan 2031 Volume 2, page 38). Stage One is the development of concept plans for Park Avenue and Moonee Streets.

The objective of this project is to identify the best use of existing road space, considering different modes of transport, particularly active transport modes, whilst maintaining traffic flow.  Where there is excess width in the road space (from kerb to kerb), streets are to be reconfigured for public domain improvements that will attract investment. The engagement will revisit these concepts in light of contemporary best practice.

Street Reconfiguration will provide the following benefits:

-    To support the City Centre Strategies for Key Connections, City Centre Legibility, Bike Plan, City Centre Management, Strategic Sites, Parking, Resilience and Flood Plan and Brand Positioning;

-    To establish a coordinated approach to public domain improvements, cycle infrastructure and street tree planting where together, benefits are maximised;

-    To improve the brand, identity and legibility of the City Centre;

-    To reinforce the importance of the City Centre core and retail streets and create al fresco dining opportunities;

-    To improve legibility within the City Centre; and

-    To complete the recreational loop for pedestrians and cyclists.

The report describes and illustrates the development of a draft concept design for Park Avenue and Moonee Streets, Coffs Harbour which has been prepared by Council’s engaged specialist consultancies.

This project has presented a unique opportunity to re-imagine the streetscapes in a holistic and coordinated manner. It has enabled the potential of the public domain to be fully explored to create attractive new community spaces and to revisit movement systems that embrace and integrate cycling and pedestrian access as safe, convenient and highly desirable components of the urban fabric. These key changes to the public domain will provide a catalyst for much-needed urban renewal of the Coffs Harbour city centre.

The project involves developing concepts to 15% design development. This level of detail provides Council with confidence that proposals have been developed with sufficient rigour and consideration to appropriate design standards for road layout, lane widths, pedestrian crossing, turning manoeuvres, sight distances and parking. Proposals are also sufficiently detailed to enable high order cost estimation for future budget planning and to provide a basis for future detailed design development as construction budgets become available.

Issues:

There are no issues arising with placing the Draft Moonee Street and Park Avenue Reconfiguration Plan on exhibition, as it is an identified project included in the CC Masterplan 2031, and submissions will be considered by Staff and Council.

Options:

1.   Endorse the Draft Moonee Street and Park Avenue Reconfiguration Plan to be placed on public exhibition.

2.   Do nothing: this will not address the objectives of the CC Masterplan.

Sustainability Assessment:

•     Environment

This project aligns with the MyCoffs Community Strategic Plan objective “to provide a thriving and sustainable economy”.

The connecting paths, and redesigned on-street parking zones promote walking and cycling and reduce the dependence on cars.

•     Social

The Coffs Harbour City Centre Prosperity Plan 2031 has been the key document driving the Park Avenue and Moonee Street Reconfiguration Project. The plan includes a number of contextual and targeted strategies, design ideas and principles to inform and stimulate a new vision for the streetscapes, in particular:

-      Identifying the location of consolidated parking stations around the CBD;

-      The removal of roundabouts to enhance pedestrian connectivity and safety;

-      Provision of protected bike lanes;

-      Relocation of the Park Avenue bus interchange;

-      Installation of a new city square cultural building to replace the existing Park Avenue multi-storey car park;

-      Additional pedestrian crossing sails;

-      Gateway entrance planting and signage on the Pacific Highway; and

-      Design options to upgrade the streetscape of Park Avenue: Option 1 retaining the existing street geometry and parking arrangement, Option 2 incorporating a new central median with tree planting, and parallel parking replacing existing angled parking along the kerbside lane.

•     Civic Leadership

The CC Masterplan 2031 was endorsed by Council in February 2013. It is in accord with the original intent of the Masterplan to revitalise the City Centre and stimulate economic activity.

•     Economic – Broader Economic Implications

The Draft Moonee Street and Park Avenue Reconfiguration Plan will facilitate applications for grant funding as the project is currently unfunded in Council’s forward CAPEX plans.

•     Economic - Delivery Program/Operational Plan Implications

There are no immediate economic implications for the Delivery Program which arise from this report. Future economic (cost) implications will arise only when Council next considers incorporating the design and construction phase into a future OP.

Risk Analysis:

Risk assessments are on-going at every stage of project implementation. The endorsement of the Draft Moonee Street and Park Avenue Reconfiguration Plan for exhibition presents minimal risk.

Consultation:

A broad-ranging consultation program has been adopted for the project to ensure meaningful stakeholder input at key milestones. Consultation that has been undertaken to inform the draft concept preparation has involved:

Meetings, presentations and ongoing discussions with Council’s Working Group:

-    Design charrette with Council staff, Working Group, councillors, and representatives of the City Centre Masterplan Committee, Chamber of Commerce and Transport for NSW; and

-    Presentation of draft proposals and ongoing discussions with the City Centre Masterplan Committee.

-    Further consultation is proposed during the public exhibition phase of the project.

A summary of the key points raised in the consultation to date is provided above.

Related Policy, Precedents and / or Statutory Requirements:

MyCoffs Community Strategic Plan 2017

Coffs Harbour City Centre Masterplan 2031

Coffs Harbour Development Control Plan 2015

Coffs Harbour Place and Movement Plan (draft)

Implementation Date / Priority:

The draft plan will be incorporated into the CC Masterplan documents when approved.

Conclusion:

Following endorsement by Council, the Draft Moonee Street and Park Avenue Reconfiguration Plan will be placed on public exhibition for 28 days. A report will then be presented to Council for approval of the Moonee Street and Park Avenue Reconfiguration Plan to be incorporated into the CC Masterplan 2031. Council’s endorsement will provide an improved Plan which may then support future funding applications, and provide strategic direction for the development of the City Centre.

 


























































SI21/27         Contract No. RFT-1430-TO (3) Provision of Services – Supervision and Operation – Coffs Coast Resource Recovery Facilities Separable Portion 3

Author:                        Waste Contracts Manager

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI21/27    CONFIDENTIAL Contract No.  RFT-1430-TO -  Provision of Services – Supervision and Operation – Coffs Coast Resource Recovery

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

 

Executive Summary

The Coffs Coast Resource Recovery Facilities operated by Council include the Englands Road Weighbridge Office, and the Waste Transfer Stations located in Coramba, Lowanna and Woolgoolga. The existing Contracts for the contractor Based operation of each of these facilities expire on 30 November 2021.

The Request for Tender calls for Tenderers to enter into a Contract term of two (2) years, with an initial option for a 12-month extension and then a further additional option for a second 12-month extension. Taking the total potential contract duration through to 29 November 2025.

Council received four responses to Separable Portion 3 of the RFT, however the Specification requires amendments that will significantly alter the scope.

 

RECOMMENDATION:

That Council receives and considers the information in the confidential attachment in relation to tenders received for the RFT-658-TO Provision of Services – Supervision and Operation – Coffs Coast Resource Recovery Facilities, Separable Portion 3, Northern Beaches Waste Transfer Station and adopt the recommendation.

 

Report

Description of Item:

Council operates three waste transfer stations in the suburbs of Coramba, Lowanna and Woolgoolga, and one weighbridge office in Coffs Harbour. Existing Contracts for the three Separable Portions are due to expire on 29 November 2021 and accordingly, Council sought tenders from suitably experienced and qualified contractors via Tenderlink on 16 August 2021, for all three Contract Portions being:

·    Separable Portion (1) – Provision of services for supervision and operation of the Englands Road Weighbridge Office

·    Separable Portion (2) – Provision of services for supervision and operation of the Coramba and Lowanna Waste Transfer Stations

·    Separable Portion (3) – Provision of services for supervision and operation of the Woolgoolga Waste Transfer Station

The RFT consisted of four Parts being:

·    Part One (1) – Conditions of Tendering – Applicable to all Portions

·    Part Two (2) – General Conditions of Contract - Applicable to all Portions

·    Part Three (3) – Specification – For individual Portions and detailing the services required

·    Part Four (4) Response Schedules – for individual Portions and including Schedule of Rates

Tenderers were invited to provide their submissions for one, two or all three Separable Portions of the RFT. Tender Submissions for Separable Portions 1 and 2 have been evaluated and already awarded under Delegation of the General Manager.

Tender submissions for Separable Portion 3 were received from four organisations, which were:

·    NSH Security Solutions Pty Ltd

·    Outlook (Aust) Pty Ltd

·    Lions Club of Woolgoolga

·    International Machinery Oils Pty Ltd T/As Coffs Harbour Paper and Oil

The current provider of the service, until 29 November 2021 is the Lions Club of Woolgoolga.

Issues:

It has now been recognised that the Specifications for Separable Portion 3 require amendments that will significantly alter the scope (Part 3) and (Part 4) (Refer to the confidential attachment).

Options:

1.   Resolve the recommendation which would allow adequate time for necessary amendments to the Specification to be made and minimise risk to the Council.

2.   Resolve not to accept the recommendation. This is not assessed as providing an advantageous result for Council as the current Specification does not represent best value for money.

3.   Resolve none of the above options and initiate a different course of action.

Sustainability Assessment:

•     Environment

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

•     Social

The engagement of relevantly experienced and suitably qualified contractors will ensure that customers are provided with education and clear direction on the appropriate sorting of wastes and recycling to ensure maximum resource recovery and diversion from landfill at Councils waste facilities.

•     Civic Leadership

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

The engagement of the supplier/s outlined in the attached confidential report 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

Amendments to the Specification and subsequent appropriate direction of the contractors and provision of education of site users will help to maximise resource recovery for local residential customers and effectively divert materials from landfill and maximising recycling. 

•     Economic - Delivery Program/Operational Plan Implications

The project will provide value for money in the efficient operation and supervision at a key Waste facility in the Coffs Harbour LGA.

Risk Analysis:

By adopting the recommendations in the Confidential attachment, any financial risk to Council is minimised. The potential for improvements under the recommendations will result in achieving greater value for money.

Consultation:

Appropriate consultation has been undertaken with internal stakeholders.

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. 

Implementation Date / Priority:

Subject to acceptance of the recommendations in the confidential report.

Conclusion:

In order to provide a high level of service to residents and provide quality services that offers best value for money it is proposed that the recommendations be accepted.  

 

 


SI21/28         Summary of Actions Relating to Waste Management in the Coffs Harbour LGA

Author:                        Team Leader Waste Services

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI21/28    Status report against Waste Strategy KRAs

ATT2  SI21/28    Midwaste Annual Report 2019/20 (Related to Some of the Education Campaigns Delivered Through participation in Midwaste)

ATT3  SI21/28    CONFIDENTIAL Request for Information - 22 July 2021 Council Resolution - HWLE (as Amended 15.10.2021)

Confidential in accordance with Section 10A(2)(g) of the Local Government Act as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.  

 

Executive Summary

The primary purpose of this report is to provide Council with a bimonthly update on how the organisation is progressing towards a waste management solution and odour emissions for the relevant period (as required by Council Resolution 2021/116, point 5).

The bimonthly waste report will also provide Council with an update on progress made against other waste related resolutions and activities.  This report will focus on Council’s Resolution 2021/173 which was made on 22 July 2021 and provide Councillors with an update on the North Coast Alternate Waste Solutions Project and the NSW Government Energy from Waste Infrastructure Plan.

 

RECOMMENDATION:

That Council note the report.

 

Report

Description of Item:

Council resolved on 10 June 2021 (2021/116 point 5) to receive bimonthly reports on progress towards a new waste management solution as well as a report on the odour emissions for the relevant period.  This report provides an update on these two matters.

The bimonthly report will also be used to provide Councillors with an update on progress against other waste related resolutions and other waste activities that may be of strategic interest.  This report will focus on resolution 2021/173 and the North Coast Alternate Waste Solutions Project and the NSW Government Energy from Waste (EfW) Infrastructure Plan.  

On the 22 July 2021 Council resolved 2021/173, which included, inter alia:

That Council:

1.   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.

Issues:

Bimonthly Report - Progress Towards a New Waste Management Solution

Identifying and developing a new waste management solution is complex and is reliant on a number of different external agencies and councils.  As a result, the waste team is concurrently progressing a number of waste studies and strategies in order to develop a comprehensive solution.

The following provides a summary of progress undertaken at a Northern NSW level, Coffs Coast level and Coffs Harbour level.

North Coast Level - North Coast Region Waste Investment Project:

Council officers have been working with 12 other Councils, from Mid-Coast to Tweed Heads, and supported by the Department of Regional NSW, to undertake an investigation into potential future regional waste management solutions for Northern NSW. The North Coast Region Waste Investigation provides the information base for councils to test the market for Alternate Waste Treatment solutions for all waste streams that are environmentally, economically and socially acceptable to the North Coast.

The final report is publically available on line at https://www.investregional.nsw.gov.au/news/nsw-north-coast-waste-investment-review/. It outlines a range of potential regional waste solutions for the Northern NSW Councils, including Coffs Harbour.  Based on the report findings, a market sounding process is on the market for potential alternate waste treatment solutions for landfill and recyclable waste streams.

North Coast Level - Energy from Waste Infrastructure Plan:

The NSW Government recently released a new Energy from Waste (EfW) Infrastructure Plan to support the NSW Waste and Sustainable Materials Strategy 2041. The plan is publically available at: https://www.dpie.nsw.gov.au/ourwork/environment-energy-and-science/waste-and-sustainable-materials-strategy. The plan recognises that thermal treatment of waste will definitely form part of the future solution for managing residual waste in NSW, providing an opportunity to replace less environmentally sound energy sources, such as coal-fired power stations, and avoid methane emissions from landfill. However, it identifies only four priority areas where future energy recovery facilities may be located in NSW, one of which is the Richmond Valley Regional Jobs Precinct. 

The inclusion of Richmond Valley Regional Jobs Precinct is in-line with the NSW Waste and Sustainable Materials Strategy, which identifies the Northern Rivers regions (and in particular Coffs Harbour) as an area that requires either extra landfill capacity or a medium-scale energy from waste facility to manage residual waste in the future. An EfW facility within Richmond Valley would provide a potential future solution for Coffs Harbour LGA, with Casino being only 185 km from Coffs Harbour. 

The inclusion of a Richmond Valley Regional Jobs Precinct site in the EfW Infrastructure Plan also complements the findings of the North Coast Region Waste Investment Report which includes a stocktake of current waste types and volumes in each local government area and highlights the need to develop long-term regional infrastructure solutions to divert residual waste from landfill.

Nine of the original 12 Councils have agreed to progress with further investigations into potential suitable regional waste management options. The group of nine Councils has jointly engaged a consultant to undertake (exploratory) market sounding, calling for expressions-of-interest from commercial entities to better understand the market’s potential to establish regional waste facilities. This could include a range of options, such as recycling facilities and alternative waste treatment technologies. The recent NSW Government strategy which limits EfW priority areas to only four geographic areas provides more certainty on Government policy on this matter and may help to attract potential investors to the region.

Coffs Coast Level - Coffs Coast Regional Resource Recovery and Waste Management Strategy:

Council officers are also working with officers from Nambucca Valley Council and Bellingen Valley Council to review and update the Coffs Coast Regional Resource Recovery and Waste Management Strategy.  Activities recently undertaken include:

-     Holding an initial Waste Strategy Reference Group meeting, on 10 September 2021, to discuss regional waste management and the Coffs Coast Waste Services. It was agreed that, due to the law changes and policy/strategy changes at the NSW Government level, the local waste Strategy was no longer reflective of the appropriate regional positions on waste management and the Strategy and needed to be reviewed and updated. 

The Reference Group also agreed to continue to meet to discuss the review and update of the Strategy. 

Coffs Harbour Level – Future Waste Management Options:

Council has engaged waste consultancy SMEC to provide advice on future waste management options which can be used in the Strategy review, including:

-     A Permanent Waste Transfer Station (provided to Council on the 27 July 2021)

-     Alternative Waste Solutions (provided to Council on the 27 July 2021)

-     Landfill Siting Assessment (provided to Council on the 27 July 2021)

-     Business Case and Financial Modelling (in progress and will be supplied to Council once finalised)

Council officers have also been liaising with the NSW EPA regarding the NSW Waste and Sustainable Materials Strategy (WaSM) 2041 to determine what it means for Council.  Council is well placed as many of the recently announced key State Government decisions/proposals which impact Local Government have already been implemented by Council (e.g. FOGO collection services and landfill gas collection). However, it is important that any Regional Strategy review incorporates the WaSM into the targets and objectives to ensure continuity in waste management across the State and ensure funding opportunities are available to implement actions. 

Bimonthly Report – Odour Emissions

There are three potential odour producing operations located at the England Road facility. Only one of those – the Englands Road landfilling operation is under the direct care, control and management of Council. The other two operations are contract based operations which are both separately licenced and regulated by the EPA.

On the 8 July 2021 a Council report was provided outlining measures implemented to address odour from the Englands Road landfill as the results of elevated levels of landfill gas. The increase in landfill gas was originally caused by damage to the landfill capping as a result of heavy rainfall events that happened between February and April this year. Rainfall received was double the average for this time of year, with the elevated landfill gas an unprecedented situation that has not happened previously in the landfill’s operational history.

Since July 2021, Council have been continuing to consult with the Community and work with the NSW EPA to resolve the odour issue. 

A summary of actions and outcomes is provided below.

Management actions:

-     Engagement of specialist contractors to provide advice on odour management.

-     Additional intermediate capping and mulch applied to the area of concern.

-     Frequent fine grid landfill gas surface monitoring within the area of concern.

-     Broader grid landfill gas monitoring across the entire landfill.

-     Upgrade works to the landfill gas extraction system in the area of concern to increase the volume of landfill gas being extracted and flared.

-     Face to face and telephone consultations with community members who have contacted Council or the NSW EPA.

-     Broader communication with the community, including Facebook posts, News of the Area advertising and media interviews.

-     Weekly progress meetings with the NSW EPA.    

Outcomes:

-     Surface landfill gas monitoring has shown a 90% reduction in surface methane recordings, which is a positive outcome.

-     Since the upgrade works on the landfill gas extraction system (2-12 August 2021) the volume of landfill gas being removed from the area of concern has increased by 84% in August 2021 and 91% in September 2021 (from July 2021 levels), which is also a positive outcome.

-     The latest surface methane monitoring results have identified only one small area (< 2 m2) which is slightly above the NSW EPA methane threshold of 500 parts per million (ppm), all other areas are below 500 ppm. 

Further Actions:

-     Council’s contractors will be undertaking additional minor works on the landfill gas extraction system over the next month to:

Investigate potential blockage in two of the flow lines recently installed; and

Seek to further increase the volume of landfill gas being extracted and flared from the landfill.

-     The landfill will continue to be monitored and appropriate corrective actions implemented until methane surface results have reached suitably low levels.

-     Council’s Waste Services Team continue to consult with the NSW EPA to keep them informed of progress.

-     Once monitoring confirms all surface methane levels are below 500 ppm the community will be informed through Councils usual channels of communication.

-     Council will continue to work with the NSW EPA to provide information requested under a notice for information in relation to the problematic area. 

Progress against Resolution 2021/173 

1.    Communication Log

A chronological list of discussions, negotiations, offers, tenders and current contracts between Council and Biomass, Handybin, EPA, Tripartite agreement members and all other relevant parties is included in the confidential attachment number 3. 

2.    Cost details

Details of Council’s total legal costs are included in the confidential attachment number 3. 

3.   Access to documents

3a   “Coffs Coast Regional Resource Recovery and Waste Management Strategy 2015-2027” and “Coffs Harbour City Council Waste Strategy”

A copy of the 2015-2027 Coffs Coast Regional Resource Recovery and Waste Management Strategy was previously provided to Councillors in accordance with Item 3(a) of NOM21/17 at a briefing on 27 July 2021.  The Strategy is also available to the public via Council’s website. 

It should be noted that Council is party to the Coffs Coast Strategy which is a multi-council strategy and consequently there is no individualised ‘Coffs Harbour City Council Waste Strategy’.

On the 27 July 2021 a briefing was provided to Councillors, including an overall status against the 2015-2027 Coffs Coast Regional Resource Recovery and Waste Management Strategy (the Strategy), an update on current Strategic Projects and a summary of the recently released NSW Environment Protection Authority 20 Year Waste Strategy.

3b.  An analysis of the actions and outcomes from the above documents and their status of achievement

The strategy includes seven key result areas (KRA), under which 14 objectives and 21 key performance indicators (KPIs) are set out.  The seven KRA’s are:

-    KRA 1: Avoid and reduce waste generation

-    KRA 2: Increase recycling of MSW, C&I and C&D

-    KRA 3: Divert more waste from landfill

-    KRA 4: Manage problem waste better

-    KRA 5: Reduce litter

-    KRA 6: Reduce Illegal dumping

-    KRA 7: Infrastructure Management

Since the development of the Strategy in 2015 a decision by the NSW Environment Protection Authority (EPA) to revoke all the Resource Recovery Orders and Exemptions specifically related to Mixed Waste Organic Output (MWOO) has resulted in some of the KPI’s being redundant and unachievable. 

As a result of the EPA revocation, MWOO could no longer be applied to land and must be disposed of to a licensed landfill facility.  This meant that the volume of MWOO which was contributing to Coffs Harbours above average landfill diversion rate was henceforth required to be diverted to landfill, which consequently decreased the landfill diversion rate. Specifically, the MWOO revocation has impacted the following KPI:

-    KRA 2 – Objective 2.1.1 - increase the domestic recycling rate from 74% in 2013/14 to 75% by 2021/22 and then to 76% by 2027/ 28. 

Attachment 1 provides a detailed summary of Council’s achievements against each of the KRA’s and the associated objectives and KPI’s. This includes education campaigns and initiatives.  

3c   Educational Campaigns and Initiatives

Attachment 1 includes a list of waste related educational campaigns and initiatives that Council have delivered under the existing Strategy. Key highlights include:

-    Let’s Get Composting Coffs Coast – a project delivered in partnership with Nambucca Valley Council and Bellingen Shire Council with an aim of increasing residential use of the FOGO collection service and getting food scraps out of the red bin and into the green bin.  

-    Coffs Coast Waste Services Education Strategy – a series of educational campaigns and projects (in consultation with CHCC, NVC and BSC) to be delivered through the year by Council’s contractor.

-    Community Education and events (multiple) – Council delivery community education events such as the annual Seaside scavenge.

-    Online Educational programs – Council continuously provides information and promotes recycling, recovery and re-use through our Coffs Coast Waste Service face book page. 

-    Upcycling, recycling and Repair workshops – workshops delivered to promote reuse and recycling, such as beeswax wrap making, fashion exchange hub, and compost workshops.

-    'Trash Girl' waste education – filming ‘Trash Girl’ to use in education and advertising, including filming in the Organics Recycling Facility to educate the community about ‘where their organics waste goes’.

-    Resource Separation and Recovery education at landfill – Council have introduced changes at the Englands Road landfill to increase resource recovery by getting customers to better separate out recoverable material.  The program has included additional traffic control, additional recycling bins located at the tip face, brochures, signage and physical oversight and support via team members.

-    Better Waste Recycling Fund – through funding from the NSW EPA’s Better Waste Recycling Fund Council have delivered educational projects and campaigns including:

Litter prevention program

Illegal dumping program

Assisting Charities to improve separation of waste

Attachment 2 provides the latest Midwaste Regional Waste Group Annual Report 2019/20. Council is an active member of Midwaste and continues to deliver a broad range of waste related educational campaigns and initiatives.

The amount spent on waste education programs for the 2020/21 financial year was ~$285,000 (across the three mechanisms utilised by Council – i.e. via our waste contractor, via Midwaste and via internal-CHCC resources). This amount was lower than anticipated due to the impacts on delivery related to the Covid-19 pandemic, however, will increase as the related restrictions and impacts ease into 2022.

Options:

As this is a for note report no options are provided.

Sustainability Assessment:

•     Environment

Council continues to meet its environmental obligations for the operation of all its existing waste facilities. 

Council is currently undertaking an analysis to identify the most appropriate waste management solution for Coffs Harbour, which includes a focus on increasing waste recovery and the LGA’s landfill diversion rate.  This is consistent with the NOM 2021/184 that was resolved in the Council meeting on the 12 August 2021, being that Council adopt the following Vision Statement when working towards a new landfill tip facility:

‘Council, upon identifying the most appropriate new tip site, also builds a facility that creates a new standard in onsite recycling and waste recovery and thus strive to ultimately maximise the diversion of waste from landfill in our Local Government Area. Council seek to apply new technologies to deliver the most modern waste recovery complex in Australia’.

•     Social

Council plans to engage with the community on decisions concerning Coffs Harbour’s future waste management solutions. A Community Communications and Engagement Plan is currently being developed, which will outline how Council plan to engage with the community regarding the major strategic waste directions into the future.

The Coffs Coast Waste Services has developed a Community Education Strategy which has been approved by the waste teams of all three Coffs Coast Waste Services councils.

•     Civic Leadership

The continued operation of municipal waste systems is a regulatory function of local government within New South Wales.

•     Economic – Broader Economic Implications

Coffs Harbour City Council’s contracts for waste collection and processing services are mirrored by Nambucca Valley Council (NVC) and Bellingen Shire Council (BSC) and consequently NVC and BSC are being consulted on strategic waste and education decisions.

•     Economic - Delivery Program/Operational Plan Implications

Waste education and review and updating of the Waste Strategy will be funded through current operational budgets.

A high level Business Case and financial modelling of potential future waste infrastructure options is currently being developed and will provide a better understanding of the future financial requirements. 

Risk Analysis:

Council to continue monitoring the possibility that the NSW Government may further change the law/regulatory approach in the waste and resource recovery landscape.  Council will continue to consult closely with the NSW Environment Protection Authority.

Consultation:

Council will engage with the community on waste strategy decisions through its usual mechanisms outlined in the Community Participation and Engagement Plan (CPEP).

In addition, any activities that are required to be approved through the planning process will include the regulatory-driven consultation with potentially impacted parties and external authorities.

Related Policy, Precedents and / or Statutory Requirements:

The NSW Environmental Protection Authority has recently released the Waste and Sustainable Materials Strategy 2041.  The review of the Waste Strategy will include detail on what how Coffs Harbour will move towards meeting the goals outlined in the State wide strategy.

Implementation Date / Priority:

The Regional Waste Strategy Reference Group meeting was held on 10 September 2021, at the meeting it was collectively decided to review the Strategy.  Council’s Waste Services team have commenced arrangements to meet with operational staff from NVC and BSC to commence related discussions.  In addition, the second Regional Waste Strategy Reference Group meeting will be held in November 2021.

Conclusion:

The report and its attachments provides Council with a summary of progress towards meeting the objectives outlined in the current Waste Strategy as well as progress towards planning for future waste management for Coffs Harbour LGA.