Ordinary Meeting
Thursday, 18 January 2024
commencing at 9:00am
Sunshine Coast City Hall Chamber, 54 First Avenue, Maroochydore
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
3 Record of Attendance and Leave of Absence
4 Receipt and Confirmation Of Minutes
6 Informing of Conflicts of Interest
6.1 PRESCRIBED CONFLICTS OF INTEREST
6.2 DECLARABLE CONFLICTS OF INTEREST
7 Presentations / Councillor Reports
8.1 Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place
8.2 Infrastructure Charges Rebates for Eligible Community Organisations Policy
8.4 Disposal (Lease) of 60 Fellowship Drive, Doonan.
8.5 December 2023 Financial Performance Report
8.6 Consolidation of Subordinate Local Law No.2 (Animal Management) 2011
8.7 Appointment of Independent Audit Committee Member.
Ordinary Meeting Agenda 18 January 2024
Ordinary Meeting Agenda 18 January 2024
1 Declaration of Opening
On establishing there is a quorum, the Chair will declare the meeting open.
2 Welcome and Opening
3 Record of Attendance and Leave of Absence
4 Receipt and Confirmation Of Minutes
That the Minutes of the Ordinary Meeting held on 14 December 2023 be received and confirmed.
6 Informing of Conflicts of Interest
6.1 PRESCRIBED CONFLICTS OF INTEREST
Pursuant to section 150EL of the Local Government Act 2009 (the Act), a Councillor who has a prescribed conflict of interest in an issue to be considered at a meeting of the local government must –
(a) immediately inform the meeting of the prescribed conflict of interest including the particulars stated in section 150EL(4) of the Act and
(b) pursuant to section 150EM(2) of the Act must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is being discussed and voted on.
6.2 DECLARABLE CONFLICTS OF INTEREST
Pursuant to section 150EQ of the Local Government Act 2009, a Councillor who has a declarable conflict of interest in a matter to be considered at a meeting of the local government, must stop participating in the meeting and immediately inform the meeting of the declarable conflict of interest including the particulars stated in section 150EQ(4) of the Act.
If the Councillor with a declarable conflict of interest does not voluntarily decide not to participate in the decision, pursuant to section 150ES(3)(a) of the Act the eligible Councillors must, by resolution, decide
(a) whether the Councillor may participate in the decision despite the Councillors conflict of interest or
(b) that the Councillor must not participate in the decision and must leave the place at which the meeting is being held, including any area set aside for the public and stay away while the eligible Councillors discuss and vote on the matter.
The Councillor with the declarable conflict of interest must comply with any conditions the eligible Councillors impose per section 150ES(4) and (5) of the Act.
7 Presentations / Councillor Reports
8.1 Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place
File No: Council Meetings
Author: Manager Project Delivery
Liveability & Natural Assets Group
Attachments: Att 1 - Loo
with a View Structural Assessment......................................... 21 ⇩
Att 2 - Structural
Engineering Report Loo with a View SCG.................................. 29 ⇩
Att 3 - Mooloolaba
Business Activation Group Terms of Reference................ 45 ⇩
Att 4 - Mooloolaba
Stakeholder Interest Group Terms of Reference................ 55 ⇩
Att 5 - Mooloolaba
Foreshore Stage Two Plan....................................................... 65 ⇩
Att 6 - Stage 2 Construction Contract Strategy - Confidential
purpose
The purpose of this report is to provide an update on the planning, design development and delivery of the Mooloolaba Foreshore Revitalisation, Stage Two, Central Meeting Place and Southern Parkland Seawall project, which includes an update on the condition of the ‘Loo with a View’ structure.
Executive Summary
The Placemaking Mooloolaba Master Plan was adopted by Council on 10 December 2015, providing an overall vision and a series of precincts to be revitalised.
The Mooloolaba Foreshore Revitalisation project is one of the major outcomes from the Master Plan. It is a placemaking project which is being delivered over several years in multiple stages. The project will increase public beachfront parkland by 40 per cent, add extensive beachfront pathways and provide enhanced spaces and amenities for community use – all of which reflect the natural Sunshine Coast way of life.
The revitalised foreshore will ensure Mooloolaba remains an attractive and competitive destination providing economic stimulus for the region, whilst also playing an important showcasing role in relation to the Brisbane 2032 Olympic and Paralympic Games.
Full integration of the all-abilities beach access ramp required the project design to further consider the Southern Parklands Seawall. Whilst increasing the Stage Two design scope, the seawall underpins the protection of more community facilities, assists with constructability challenges and offers potential construction cost efficiencies.
Based on the coastal protection offered by the replacement seawall, $7.95 million dollars of additional external funding was secured from the Australian Government through the National Emergency Management Agency (NEMA) Disaster Ready Fund towards the project. The project is currently in the construction procurement phase with anticipated construction commencement during mid-2024.
The Stage Two Central Meeting Place project has now progressed through design development including an expert peer review of the complete seawall design as outlined in recent project updates to the community.
This paper seeks to update Council on the planning, design development and delivery of Stage Two of the Mooloolaba Foreshore Revitalisation project, including the following:
· pressing renewal needs of the Loo with a View structure based on condition.
· replacement of other public assets, including seawall
· project scope and detailed design development
· funding sources and milestones
· community reference groups and business activation strategy
· construction delivery sequence, program and methodology.
It is recommended that Attachment 6 (Stage 2 Construction Contract Strategy) to this report be considered confidential in accordance with section 254J (3) (g) of the Local Government Regulation 2012 as it contains information relating to negotiations of a commercial nature involving the local government for which a public discussion would be likely to prejudice the interests of the local government.
Officer Recommendation
That Council:
(a) receive and note the report titled “Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place”
(c) note the update on the planning, design development and delivery of the Mooloolaba Foreshore Revitalisation, Stage Two Central Meeting Place project
(d) note the proposed establishment of two Mooloolaba community reference groups and endorse each groups respective terms of reference:
(i) Mooloolaba Business Activation Group
(ii) Mooloolaba Stakeholder Interest Group, and
(e) acknowledge the $7.95 million external funding contribution from the Australian Government’s National Emergency Management Agency (NEMA) Disaster Ready Fund towards the delivery of coastal protection for Mooloolaba, in accordance with the endorsed 2021 Coastal Hazard Adaptation Strategy.
Finance and Resourcing
$7.95 million dollars of additional external funding has been secured from the Australian Government through the National Emergency Management Agency (NEMA) Disaster Ready Fund towards the replacement of coastal protection outcomes. The conditions of the grant approval will commit Council to reporting requirements and the relevant key milestones of the implementation plan.
It is envisaged the entire Mooloolaba Foreshore Revitalisation project will be key as a world class foreshore destination experience by 2032 (and beyond), and funding to achieve this outcome will form part of critical decision making in the 10 year Capital Works Program development.
Corporate Plan
Corporate Plan Goal: Our resilient economy
Outcome: 3.3 - Investment and growth in high value industries, innovation and entrepreneurship
Operational Activity: 3.3.1 - Progress implementation of Mooloolaba Master Plan, including design finalisation and commencing construction of the foreshore Central Meeting Place and next stages of the Brisbane Road, Mooloolaba four lane road upgrade (Bindaree Court section).
Consultation
Councillor Consultation
Since the adoption of the master plan (Dec 2015 Ordinary Meeting), Council has implemented a Mooloolaba Major Projects Project Control Group (PCG). The Project Control Group has provided an overarching review role for the multiple major projects occurring within Mooloolaba. The Project Control Group currently includes the following Councillor representation: Councillor J Natoli, Councillor P Cox, Councillor J O’Pray and Councillor M Suarez (Portfolio Councillor).
Project Control Group Councillors have also received 1on1 updates throughout the project, and several whole of Council briefings have been provided since 2015 including information related to Stage 2 Central Meeting Place.
Following an inclusive community engagement process in 2022 and early 2023 regarding the Mooloolaba Foreshore Revitalisation, Stage Two Central Meeting Place, there was substantial community support for Concept Blue with a majority vote. Council approved an amendment to the adopted Placemaking Mooloolaba Master Plan to proceed with this community supported concept at the January 2023 Ordinary Meeting.
Internal Consultation
The following groups and branches have been consulted either through internal stakeholder workshops, individual 1:1 meetings, email and through the development of the Central Meeting Place for the Mooloolaba Foreshore Revitalisation project.
Liveability and Natural Assets Group
· Design & Placemaking
· Project Delivery
· Environmental Operations
· Environment & Sustainability
· Waste Management
Built Infrastructure Group
· Transport Infrastructure Management
· Civil Asset Management
· Parks & Gardens
Economic & Community Development
· Economic Development
· Arts, Heritage & Libraries
· Community Development
· Sport & Community Venues
· Brisbane 2032
Customer & Planning Services
· Development Services
· Strategic Planning
· Customer Response
Business Performance
· Communication
· Strategic Property
· Property
· Business & Innovation
· Office of Chief Finance Officer
External Consultation
Council has met with a range of key stakeholders including local community and businesses groups on numerous occasions during 2022 and since the January 2023 Ordinary Meeting to discuss the project, including the following:
· Mooloolaba Surf Lifesavers Club
· Mooloolaba Chamber of Commerce
· Beach Matters
· Mooloolaba Spit Association
· Kabi Kabi First Nation Traditional Owners
· Queensland Police
· Architects for Resilient Communities
· Local business owners and body corporate members
· Mooloolaba Activation Group (Taps, Dirty Moes)
· IRONMAN (Major Sporting Events)
· Sunshine Coast Access Advisory Network (SCAAN), Briometrix
· Visit Sunshine Coast & Events
· Alex Headland Community Association
· Member for Maroochydore Fiona Simpson MP
· Federal Member for Fisher Andrew Wallace MP
It is worthwhile noting that there has been a strong and ongoing involvement in the design process from local Kabi Kabi representatives including design workshops, community engagement videos, smoking ceremony, cultural tours and 1:1 stakeholder meeting.
Pre lodgement meetings were held with State Assessment and Referral Agency (SARA), and approval has been received for the current Stage Two, Central Meeting Place and Southern Parkland Seawall detail design of the project.
Through the successful $7.95 million, National Emergency Management Agency Disaster Ready funding application, discussions have occurred with both the Australian Government and Queensland Reconstruction Authority in securing this grant.
Community Engagement
The community has been extensively engaged on a range of Mooloolaba projects starting in 2012 with the development of the Placemaking Mooloolaba Master Plan.
Since then, our community has helped inform the Mooloolaba Foreshore Revitalisation project via a range of projects all of which underwent significant community engagement including:
2012-15 – Placemaking Mooloolaba master plan
The Master Plan which incorporates the Mooloolaba Foreshore Revitalisation project has been subject to extensive community engagement since its initial development. More than 3,000 participants took part to establish a clear understanding of core community values, as well as needs and aspirations, which helped to generate the vision, principles and strategies of the plan. The Master Plan received a very high level of community support (82 per cent).
2019 – Detailed Design release
The 2019 Mooloolaba Foreshore Revitalisation project detailed design release, which evolved from the Master Plan, included full media coverage, a launch event, pop up sessions and a street walk where Council handed out project information. This project information release showed the terraced seawall in the southern parklands.
2021 – Coastal Hazard Adaptation Strategy
Extensive community engagement was undertaken in the lead up to Council’s 2021 Coastal Hazard Adaptation Strategy. That strategy, together with the Shoreline Erosion Management Plan, signified that areas of Mooloolaba’s foreshore public land, transport infrastructure, and underground services are at significant risk of rising sea levels, cyclones, coastal erosion, storm surges and coastal inundation.
2022 – Central Meeting Place
As a result of extensive community engagement over numerous stages between April and October 2022, majority of survey respondents agreed on a preferred Central Meeting Place design which was referred to Council for consideration in January 2023.
This community supported concept includes a terraced seawall featuring wide terraced steps and was approved at the January 2023 Ordinary Meeting of Council.
2023 (September and November) – Stage Two, Central Meeting Place and Southern Seawall
Feedback from the 2022 consultation was incorporated into the detailed design process undertaken through mid-2023. Project communications released in September 2023 informed the community and key stakeholders of the design outcomes. The design outcomes incorporate the southern seawall extension, supported for construction through the external grant funding provided by the Australian Government. These communications included face-face meetings with key stakeholders, followed by widespread local and national coverage to reach wider audiences ensuring all were well informed about the project.
Communications have included the pressing asset renewal requirements of the Loo with a View structure, which is underpinned by the existing ageing seawall that does not meet future climate change resilience requirements and must be replaced. The proposed new terraced seawall protects community infrastructure for future generations and enhances user experiences between the beach, amenities, parklands, and shops.
Proposal
The purpose of this report is to provide an update on the planning, design development and delivery of the Mooloolaba Foreshore Revitalisation, Stage Two, Central Meeting Place and Southern Parkland Seawall project, which includes an update on the condition of the ‘Loo with a View’ structure.
The Placemaking Mooloolaba Master Plan was adopted by Council on 10 December 2015, providing an overall vision and a series of precincts to be revitalised. The project will increase public beachfront parkland by 40 per cent overall, principally through new open space in the Northern Parklands and the relocation of car parking off the foreshore.
The original masterplan delivery strategy envisaged a staged north to south revitalisation program with Stage 1 Northern Parklands completed in June 2022. The pressing and now critical asset renewal requirements of the Loo with a View structure led to prioritisation of the progression of Stage Two as the Central Meeting Place (i.e. replacement of the Loo with a View). Refer Attachment 1 - Loo with a View Structural Assessment reports (combined) for independent assessment of the facility.
Following an inclusive four phase community engagement process throughout 2022 and early 2023 regarding the Stage Two Central Meeting Place, there was substantial community support for Concept Blue with a majority vote. At the January 2023 Ordinary Meeting, Council approved an amendment to the adopted Placemaking Mooloolaba Master Plan to proceed with this community supported concept.
Pressing renewal needs of the Loo with a View structure.
An external structural engineering consultant carried out the most recent inspection of the Loo with a View structure on Thursday 2 November 2023. The assessment determined that the structure has now reached its functional design life following the remedial work carried out in 2021, which achieved a two-year extension.
The structural assessment has confirmed the structure has exceeded its design life and further remedial works will not provide a measurable extension of the structures design life, and that ongoing inspections will be required.
Council has subsequently carried out additional strengthening works to ensure public safety is maintained, noting this is for a limited time under a weekly inspection regime.
Refer Attachment 2 - Loo with a View Structural Inspection Assessment, November 2023.
Foreshore Seawall
Combining the Central Meeting Place and Southern Parkland seawall construction as Stage Two has the potential to deliver cost and time efficiencies for the community as part of the foreshore’s overall revitalisation. Progressing the delivery of the seawall replacement as part of stage two works will better protect the community parklands and facilities including paths, roads and underground services (such as power, telecommunications and water supply) from climate change impacts as well as provide improved access between the beach, foreshore and shops.
The seawall is considered the ‘last line of defence’ and the alignment of the replacement seawall has been carefully considered to protect the community infrastructure in this location, balancing beach and parkland space and function.
Project Scope And Detailed Design Development
The Stage Two, Central Meeting Place design has been refined during 2023, and with the inclusion of the Southern Parkland Seawall has considered the 2022 community consultation feedback, which has been incorporated throughout the design development wherever appropriate and possible. The January 2023 OM report stated there was majority community support for Concept Blue, and provided feedback to:
1. Add more green (trees, grass and native gardens) = 9% (130/1388 respondents)
2. Provide more shade = 9% (121/1388 respondents)
3. Provide more park furniture = 6% (84/1388 respondents)
4. It was noted in the Stage Two Central Meeting Place, Community Engagement Report (refer attachment, p17) that some feedback was received regarding the following:
i. Some respondents (2% or 34 of 1388 respondents) expressed that the seawall should not encroach any further into the beach, seeking it retreat 2m.
ii. Some expressed concerns about existing and future potential changes to traffic and parking conditions.
iii. Some expressed concern for the risk of conflicts occurring between different users and speed of travel on the coastal pathway (i.e., walkers conflicting with cyclists and e-scooters).
The feedback that was received informed further design refinement of the community supported Concept Blue option through the design development process resulting in:
1. more shade canopy trees, more planting pockets and trees in the seawall, including revegetation with coastal endemic species.
2. integration of shade trees at the main viewing locations and within the seawall, increasing natural shade cover.
3. The current design now provides seating options in shade and in the open for cooler winter months. The design has also incorporated an appropriate number of seats, some with supportive back rests and handrails to cater for all users.
The seating options are extensive throughout the project and not solely confined to the terraced seawall. These include standalone timber bench seats, some seats on top of concrete and rock walls, beach bar type seating, and the terraced stepped seating as part of the seawall.
4. The feedback regarding the position of the new seawall has resulted in the toe (most seaward foundation) of the terraced seawall design being retreated 1.8m in certain areas, where achievable.
The design of this project has been through a very vigorous, robust and professional design review process. In particular, the following design checks have been carried out:
· The external design consultants have carried out Quality Assurance design checks and reporting in accordance with industry standards.
· A Safety in Design process has been carried out at the necessary design completion milestones with internal asset custodians.
· Two week internal design review periods have been carried out at both the 60% and 90% detailed design documentation stages with all internal asset owners and council specialists providing input.
· The coastal seawall design has been modelled and designed by a qualified coastal engineer and structural engineer as part of the project’s design team, both Registered Professional Engineers of Queensland (RPEQ).
· The coastal engineering design has been peer reviewed by an Australian and International expert with a Master of Engineering Science degree, majoring in Coastal Engineering and Physical Oceanography with over 30 years of experience.
· The replacement seawall has been approved by State Government approval agency SARA including referral departments.
· The cycle street design has been developed by an RPEQ Traffic Engineer with expert peer review and input by two RPEQ Traffic Engineers. This included two internal design workshops with all relevant road and transport branches to select the preferred design option. This was then tabled to the Sunshine Coast Active Transport Advisory Committee.
Construction Procurement Strategy
· Phase 1 – Expression of Interest – to enable shortlisting of suitably qualified and experienced expert contractors.
· Phase 2 – Early Tenderer Involvement – workshopping the construction methodology with shortlisted contractors.
· Phase 3 – Written tender including price and non-price criteria based on design and proposed methodology.
Construction Delivery Program and Methodology
Current program of works:
· Early Works - Early 2024 (February onwards) includes Beach Terrace turnaround, temporary beach access, service locations and temporary footpath adjustments.
· Main Contract Works – aiming for commencement in mid-2024.
o Seawall construction in front of Mooloolaba SLSC is of particular interest, exploring the potential for this section to re-open as soon as safe and practical.
o Works areas and impacted beach areas to be progressively opened to the public when complete and safe (like typical streetscape construction)
Note: Beach Terrace carparks east of the turnaround will need to be removed to facilitate Stage 2 construction, refer Attachment 5 – Mooloolaba Foreshore Stage 2 Plan. No decision has been made regarding further Beach Terrace Carpark closures in respect to Stage 2 project delivery.
Community reference groups
Council intends to establish two, Mooloolaba community reference groups to support the on-going initiatives from the Placemaking Mooloolaba Master Plan.
1. Mooloolaba Business Activation Group – with a focus on local businesses including business operators, accommodation providers, landowners, business groups, events and tourism.
2. Mooloolaba Stakeholder Interest Group – with a focus on local residents, community/interest groups, the environment, beach, sporting and community facilities.
The primary purpose is to share two-way information between the community and council. It is an opportunity for current community issues to be discussed with and understood by council whilst continuing to develop collegiate and cooperative relationships between all community groups and stakeholders. Refer Attachments 3 and 4, Mooloolaba Community Reference Groups, Terms of Reference.
Business Activation
In preparation for anticipated construction, council is implementing a business activation strategy, including an action plan to help assist local businesses to retain and attract locals and visitors to the Mooloolaba precinct throughout Stage Two construction.
The strategy will encompass the area defined by the endorsed 2015 Placemaking Mooloolaba Master Plan. Council has appointed specialist place strategy and activation company, Reactivate Consulting to develop the strategy with input from local businesses and Council. Engagement with the business community will commence in early 2024.
Face-face surveys were carried out in December by external consultants Placescore to seek customer/community input on the community values and user experience in Mooloolaba. These surveys provide baseline data on Mooloolaba’s strengths and opportunities that will feed into the action plan.
Legal
There are no legal implications relevant to this report.
Policy
The Mooloolaba Foreshore Revitalisation project has been developed in accordance with the strategic directions of Council’s Environment and Liveability Strategy, Regional Economic Development Strategy and Community Strategy. Once complete, the project will provide a worldclass beachfront destination with new and refreshed open space. It will be inclusive and accessible for all, celebrating our first nations people’s culture, whilst reflecting the communities’ aspirations for both locals and visitors to enjoy.
The Mooloolaba Foreshore and accompanying public infrastructure is afforded protection behind the rocky outcrop, primary dunes and coastal seawall. The recently endorsed Coastal Hazard Adaptation Strategy seeks to protect public assets and provides direction to renew all aging seawalls to meet climate change requirements as part of the project outcome.
There are no anticipated concerns regarding the project in relation to current state government legislation/policy.
Risk
External Structural Consulting Engineers have determined that the structure has now reached its functional design life following the remedial work carried out in 2021. Similar remedial work would not be effective again and won’t provide any further measurable extension of functional life. Council has subsequently carried out additional strengthening works to ensure public safety is maintained, noting this is for a limited time under a weekly inspection regime.
Currently this project is in the tender process and the construction contract pricing is yet to be determined providing some risk to budget which will need to be managed to ensure public safety is prioritised and replacement of end-of-life community assets is achieved.
Any significant project delays move the project construction period into direct competition with major infrastructure builds associated with the Olympic and Paralympic Games Brisbane 2032. Along with annual construction price increases, this may add further cost increases due to market demand, contractor and supply issues.
The Stage Two works have received the approval of the State Assessment and Referral Agency (SARA) in relation to the seawall alignment. The project outcomes will need to be monitored relevant to this approval.
Previous Council Resolution
Ordinary Meeting 10 December 2015 (OM15/246)
That Council:
(a) receive and note the report titled “Placemaking Mooloolaba Master Plan”
(b) adopt the Placemaking Mooloolaba Master Plan and its Key Actions and Recommendations (Appendix A)
(c) take into consideration the vision and recommendations of the Placemaking Mooloolaba Master Plan in relation to:
(i) future planning scheme amendments
(ii) the assessment of development applications and the imposition of reasonable and relevant conditions to achieve compliance with Performance Outcome PO2 and Acceptable Outcomes AO2.1 and AO2.2 of the Mooloolaba/Alexandra Headland local plan code relating to streetscape treatments and improvements
(iii) Local Area Parking Plan outcomes for Mooloolaba
(d) delegate to the Chief Executive Officer to:
(i) progress the actions necessary to undertake an orderly closure of the Mooloolaba Esplanade (Northern) Beachside Caravan Park with consideration of the expiration of the current lease period on 30 June 2017
(ii) develop a detailed staged implementation plan for the catalyst projects, together with proposed capital and operational funding requirements with possible external funding contributions, for future reporting to Council
(iii) refer an amount of $500,000 to the 2016/17 budget process for Council consideration, for development and implementation of the early priority actions and
(iv) refer a proposal of a Place Management Project Officer to the budget process for council consideration, to enable the development and implementation of an economic development and activation plan.
(v) report to council on the opportunity to purchase any strategic land parcels that support the Master Plan intent and
(e) note that the Placemaking Mooloolaba Master Plan will inform:
(i) development of projects for consideration in future capital works budgets, noting specifically the foreshore redevelopment and
(ii) applications for external government funding.
Ordinary Meeting 25 January 2023 (OM23/1)
That Council:
(a) receive and note the report titled “Mooloolaba Foreshore Revitalisation Stage 2 Central Meeting Place”
(b) approve an amendment to the previously adopted Placemaking Mooloolaba Master Plan, (10 December 2015) to proceed with Concept Blue for the Mooloolaba Foreshore Revitalisation, Stage 2 Central Meeting Place
(c) inform the community of a summary of the community engagement findings and the final decision of Council and
(d) refer the project to the 2023/2024 financial year 10-year capital works budget development process for consideration, due to the pressing asset renewal requirements
Related Documentation
There is no related documentation relevant to this report.
Critical Dates
$7.95 million dollars of external funding has been secured from the Australian Government through the National Emergency Management Agency (NEMA) Disaster Ready Fund. The conditions of the grant approval include the relevant key milestones of the Implementation Plan and will require council to provide milestone reporting and acquittals in accordance with funding requirements.
The external structural engineer’s recent inspection of the Loo with a View structure on Thursday 2 Nov 2023 has confirmed the structure has exceeded its design life and further remedial works will not provide further measurable extension of the structures design life, and that further ongoing inspections will be required.
Council has subsequently carried out additional strengthening works to ensure public safety is maintained, noting this is for a limited time under a weekly inspection regime.
Implementation
Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will:
(a) establish two Mooloolaba community reference groups:
(i) Mooloolaba Business Activation Group
(ii) Mooloolaba Stakeholder Interest Group and
(b) proceed to finalise the tender process and progress construction delivery of the Mooloolaba Foreshore Revitalisation Stage Two Central Meeting Place and Southern Seawall in accordance with Council’s approvals and budgets.
Ordinary Meeting Agenda Item 8.1 Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place Attachment 1 Loo with a View Structural Assessment |
18 January 2024 |
Ordinary Meeting Agenda Item 8.1 Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place Attachment 2 Structural Engineering Report Loo with a View SCG |
18 January 2024 |
Ordinary Meeting Agenda Item 8.1 Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place Attachment 3 Mooloolaba Business Activation Group Terms of Reference |
18 January 2024 |
Ordinary Meeting Agenda Item 8.1 Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place Attachment 4 Mooloolaba Stakeholder Interest Group Terms of Reference |
18 January 2024 |
Ordinary Meeting Agenda Item 8.1 Mooloolaba Foreshore Revitalisation - Stage Two Central Meeting Place Attachment 5 Mooloolaba Foreshore Stage Two Plan |
18 January 2024 |
8.2 Infrastructure Charges Rebates for Eligible Community Organisations Policy
File No: Council Meetings
Author: Coordinator Infrastructure Policy & Charges
Customer & Planning Services Group
Appendices: App
a - Infrastructure Charges
Rebates for Eligible Community Organisations Policy............................................................... 73 ⇩
Attachments: Att
1 - Infrastructure Charges
Rebates for Eligible Community Organisations Policy (track changes).................................... 83 ⇩
purpose
The purpose of this report is to present a minor amendment to the Infrastructure Charges Rebates for Eligible Community Organisations Policy in support of Council’s Housing and Homelessness Action Plan 2023 (Action Plan). This Action Plan was adopted by Council in July 2023 and aims to strengthen Council’s role in enabling the provision of housing supply, maintaining housing affordability and addressing housing vulnerability and homelessness.
The amended Infrastructure Charges Rebates for Eligible Community Organisations Policy is intended to provide further support to those organisations involved in the provision of affordable housing.
Executive Summary
Council adopted the Housing and Homelessness Action Plan 2023 at the Ordinary Meeting on 27 July 2023 to reinforce its commitment to facilitating affordable and diverse housing options and build on Council’s capacity to respond to homelessness.
To support the Action Plan, the Infrastructure Charges Rebates for Eligible Community Organisations Policy has been amended to provide infrastructure charges rebates for eligible community organisations which provide affordable housing.
The Policy provides for a 100% rebate of infrastructure charges for identified community organisations which provide affordable housing and will support the goals of the Action Plan.
That Council:
(a) receive and note the report titled “Infrastructure Charges Rebates for Eligible Community Organisations Policy” and
(b) endorse the amended Infrastructure Charges Rebates Policy for Eligible Community Organisations (Appendix A).
Finance and Resourcing
All actions in amending the Infrastructure Charges Rebates for Eligible Community Organisations Policy were funded through recurrent operational activities and budget processes.
• Transport (Roads and Active)
• Stormwater (Quality and Capacity)
• Parks and Land for Community Facilities.
It is difficult to predict how much revenue will be foregone in providing this rebate, as it is largely dependent upon the number of applications Council receives from qualifying affordable housing providers. The Council share of the levied charge for a 3 bedroom dwelling is approximately $16,800, subject to indexation. It is likely that Council will not see any evidence of this affordable housing rebate for the next couple of years based on the rebate and infrastructure agreement arrangements.
However, it is not expected to have a significant adverse impact on overall infrastructure charges revenue or the future delivery of trunk infrastructure.
Corporate Plan
Corporate Plan Goal: Our environment and liveability
Outcome: We serve our community by providing this great service
Operational
Activity: S14 - Sustainable growth and network
planning – providing land use planning, social policy, infrastructure
planning and charges, flood mapping, transportation planning and environmental
initiatives.
Corporate Plan Goal: Our strong community
Outcome: 1.3 - An inclusive community, with opportunities for everyone.
Operational Activity: 1.3.5 - Develop and implement a Housing and Homelessness Action Plan to support Council activities to achieve affordable living outcomes for the Sunshine Coast community.
Consultation
Councillor Consultation
Councillor E Hungerford has been consulted on this matter.
Internal Consultation
The following groups were consulted internally:
· Group Executive Customer & Planning Services
· General Counsel, Civic Governance
· Governance & Executive Services, Civic Governance
· Urban Growth Projects, Customer & Planning Services
· Chief Financial Officer, Business Performance.
External Consultation
There has been no external consultation undertaken in relation to this report.
Community Engagement
There has been no community engagement undertaken in relation to this report.
Proposal
Council adopted the Housing and Homelessness Action Plan 2023 to address housing and homelessness issues on the Sunshine Coast. Amending this Policy will assist to support the goals of the Action Plan by reducing the overall development costs for eligible organisations providing affordable housing through infrastructure charges rebates.
The Infrastructure Charges Rebates for Eligible Community Organisations Policy operates to reduce overall development costs through infrastructure charges rebates, allowing qualifying organisations to provide essential facilities and related services to those in the community in need.
This Policy is proposed to be amended to provide a rebate of 100% of Council infrastructure charges for eligible organisations providing affordable housing. This is defined in the Policy as follows with the definition taken directly from Council’s Housing and Homelessness Action Plan 2023:
Affordable Housing means housing that is appropriate to the needs of low-income households in terms of design, location and access to services and facilities, and where rent paid by households in the lowest 40% of income units does not exceed 30% of gross household income after any applicable Commonwealth Rent Assistance if deducted. It includes separate housing, as well as boarding and emergency housing and other specialist forms of housing. The definition of affordable housing acknowledges indirect housing costs such as those incurred in accessing employment areas, services, and facilities as well as ongoing costs such as maintenance and energy use.
The rebate will only be made available to entities registered on the national and/or state register as providing community housing services under s37 of the Housing Act 2003, to ensure it is only made available to providers of affordable housing and does not subsidise housing provided at market rate. The rebate applies to all forms of affordable housing that meets the eligibility criteria of the Policy and is provided by the registered entities.
The rebate is considered to be comparable and, in some cases, favourable to the rebates and other incentives offered by other Councils in south-east Queensland, with the following providing a summary of the range of different responses currently in place:
1. Brisbane City Council provides a rebate for eligible community organisations, including affordable housing providers, limited to 75% of the charges, and capped at a maximum amount of $45,000. Brisbane also provides rebates as part of the Brisbane Housing Supply Incentive Policy, although only for dwellings with two or fewer bedrooms approved in High density residential, Principal centre or Major centre zones, or Mixed use (Inner city) zone precinct under Brisbane City Plan 2014.
2. Moreton Bay Regional Council provides a rebate of infrastructure charges for affordable housing, but only within specified areas. Moreton provide a 100% rebate within a defined Priority Affordable Social Housing Area, and a 50% rebate within a defined Affordable Social Housing Area.
3. Redland City Council has recently created a $1 million funding pool to provide discounts on development application fees and infrastructure charges for qualifying affordable and social housing projects. This has been adopted as part of a wider housing strategy intended to address a perceived mismatch between housing needs and housing supply in the area.
4. Gold Coast City Council has recently adopted a homelessness action plan which more directly addresses homelessness and the problems surrounding that issue. Gold Coast has not specifically addressed affordable housing supply, treating it as one of many factors contributing to homelessness. Gold Coast does not currently offer a rebate similar to that proposed by this report.
5. Logan City Council is addressing housing affordability by increasing housing mix to better meet housing needs of the community. Between 2015 and 2017 Logan approved 526 auxiliary units (also known as granny flats, secondary units, accessory dwellings). Logan also adopted the Logan Housing Study 2020 to further address housing mix and supply. Logan does not currently offer a rebate similar to that proposed by this report.
Legal
Based on an assessment undertaken in consultation with Legal Services and Corporate Governance, it has been determined that this report has no adverse legal or Human Rights implications.
Policy
The Infrastructure Charges Rebates for Eligible Community Organisations Policy aligns with Council’s endorsed regional strategies, Corporate Plan and Operational Plan. It is also gives effect to an action from the recently adopted Housing and Homelessness Action Plan.
Risk
The Infrastructure Charges Rebates for Eligible Community Organisations Policy provides a rebate of infrastructure charges for a range of community organisations that provide residential accommodation for a range of purposes as specified. Applicants must apply for a rebate, and the application is subject to assessment by Council officers according to the requirements of the Policy. This process ensures rebates are only provided for uses consistent with the intent of the Policy. It should also be noted:
· Rebates cannot be transferred, meaning a rebate will not apply for any relocation to new premises if a rebate for the existing premises has already been granted by Council.
· Where a rebate is applied for a particular use on a premises and that use changes to one that would not normally qualify for the rebate, any future rebate associated with the further development of the premises will be reduced to allow for this change.
· Where an approval is for multiple uses, the rebate will only apply to the component of the infrastructure charge associated with the housing service eligible for the rebate.
· Where a rebate is applied, the organisation may at Council’s discretion be required to enter into an infrastructure agreement to secure the retention of the affordable housing for a minimum specified period.
Any potential risks associated with specific actions set down in the Infrastructure Charges Rebates for Eligible Community Organisations Policy will be addressed as the actions proceed.
Previous Council Resolution
Ordinary Meeting 27 July 2023 (OM23/67)
That Council:
(a) receive and note the report titled “Housing and Homelessness Action Plan 2023”
(b) endorse the Housing and Homelessness Action Plan 2023 (Appendix A) and
(c) request the Chief Executive Officer to forward the Housing and Homelessness Action Plan to the relevant stakeholders, including the State and Federal Governments and update Council’s website.
Related Documentation
· Housing and Homelessness Action Plan 2023
· Regional Economic Development Strategy 2013-2033
· Environment and Liveability Strategy 2017
· Sunshine Coast Community Strategy 2019-2041
· Sunshine Coast Council Corporate Plan 2024-2028
Critical Dates
There are no critical dates relevant to this report.
Implementation
Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will:
· Amend the Infrastructure Charges Rebates for Eligible Community Organisations Policy to include a 100% rebate for eligible organisations providing affordable housing projects, and
· Update Council’s website details to reflect the changes to the Policy.
Ordinary Meeting Agenda Item 8.2 Infrastructure Charges Rebates for Eligible Community Organisations Policy Appendix A Infrastructure Charges Rebates for Eligible Community Organisations Policy |
18 January 2024 |
Ordinary Meeting Agenda Item 8.2 Infrastructure Charges Rebates for Eligible Community Organisations Policy Attachment 1 Infrastructure Charges Rebates for Eligible Community Organisations Policy (track changes) |
18 January 2024 |
File No: Council Meetings
Author: Coordinator Creative Arts and Events
Economic & Community Development Group
Attachments: Att
1 - Festive Season Program
Assessment 2023.............................. 107 ⇩
purpose
The purpose of this report is to provide Council with an assessment of the Festive Season Program, which is in its third year of implementation, after a full review in 2020/21.
This assessment considers venue and other delivery impacts on some of the traditional events and aims to ensure the continued effectiveness of the program while providing a sustainable planning overlay into the future.
Executive Summary
A full review of the Festive Season Program was conducted in 2020/21 with the recommended program endorsed by Council (OM21/24) and subsequently implemented.
Three years on, increasing costs are impacting on the Festive Season Program, and Council’s ability to deliver the program, at the scale and in the formats first envisioned, while also delivering on the safety, sense of place and community cohesion outcomes the program was initially designed to achieve. This makes the current model unsustainable without significant investment or a revision of the service offering.
The Festive Season Program Assessment 2023 (Attachment 1) provides the basis for recommendations to Council on a range of changes to the program which, while still requiring some investment, provides some advice and recommendations that are better aligned to community expectations for this important time of the year while also managing the financial impacts.
Note the recommendations do not explore other options to celebrate the Festive Season, as the aim was to recommend only changes that could be absorbed into the current budget allocation for this program while also achieving outcomes that broadly align with community aspirations, feedback and how the community have interacted with the program over the past three years.
The recommendations are seeking approval to provide financial certainty for the current base case program in order to start planning for the 2024/2025.
· increased community needs around safety, transportation, and subsequent post event cleaning services
· the increased costs of the program within a limited budget
· the environmental impacts of fireworks on wildlife such as shorebirds marine life
· the activation plans for Mooloolaba during the Foreshore project in December 2024; and
· the activation plans for the new Maroochydore CBD.
The recommendations include:
· Australia Day - No changes required.
· Regional Christmas event – Due to increasing costs to deliver, it is recommended that this event is no longer produced by Council, with this funding ($98,804) redistributed to the Festive and Commemorative Events grants program ($66,304) to support community-led events and to the Christmas infrastructure program ($32,500) to close the gap on increasing costs.
· Festive and Commemorative Events grants – Due to increased demand and event costs, it is recommended that funding is increased from the 2023/24 festive season grants budget of $55,416* to $121,720 utilising redistributed funding from the recommendation to no longer produce the regional Christmas event. *Note: Community Grants budget is also accessed to support this category.
· Christmas infrastructure – No changes to format, however an increase in budget is recommended to support increased costs. The 2023/24 regional Christmas infrastructure budget is $496,572. It is recommended that this is increased to $529,072 utilising redistributed funding from the recommendation to no longer produce the regional Christmas event.
· New Year’s Eve – Due to increased costs to manage safety and the impacts of placemaking construction, it is recommended to split the 2023/24 New Year’s Eve budget of $297,558 as follows:
o $120,000 to deliver one large-scale 8.30pm fireworks* display in the vicinity of Mooloolaba - dependent on exclusion zone, weather and other safety requirements - and which can be viewed from vantage points along the coastline.
o $177,558 for a new youth event (targeted at 13 to 18-year-olds). The event will be alcohol and drug free, ticketed (low cost for accessibility) to provide entertainment to attract the target market and to ensure appropriate safety measures are in place.
* Note: Fireworks at Mooloolaba are a business-as-usual option and fit within the current budget however, it would be timely to consider the environmental impacts of fireworks on wildlife such as shorebirds and debris from the pyrotechnic display to ensure that in 2024 and ongoing, this is still the right approach for the region and it vision. A table of two other options is provided in the Proposal section below.
Officer Recommendation
That Council:
(a) receive and note the report titled “Festive Season Program”
(b) endorse the recommended changes to the Festive Season Program model as outlined in this report to start in the 2024/25 financial year, and
(c) note that a funding request of $948,350 for the Festive Season Program as outlined in this report, will be submitted as part of the 2024/25 budget process.
Finance and Resourcing
Current Festive Season Program Budget
Item |
2023/24 Budget |
Program detail |
Australia Day |
|
Australia Day Citizenship Ceremony (Federal requirement) - funded via Citizenship program. Australia Day events led by community - funded via grants. |
Regional Christmas event |
$98,804 |
Festive Garden, Maroochy Bushland Botanic Garden (2021,2022) Festive on the Green, Sunshine Coast Stadium (2023) |
Festive and Commemorative Events grants |
$55,416 |
Grants program for festive and commemorative events – (Christmas, New Year’s Eve, Australia Day, Anzac Day). Note: additional community grants funding support provided. |
Christmas infrastructure |
$496,572 |
Banners: 362 street banners and 65 lit pole decorations across the region (used when street poles cannot accommodate a banner). Natural trees: 25 decorated natural trees across the region |
New Year’s Eve |
$297,558 |
Community safety event delivered by Council in partnership with emergency services annually at Mooloolaba foreshore precinct. |
TOTAL |
$948,350 |
|
Recommended Festive Season Program Budget
2024/25 Budget |
Program detail |
|
Australia Day |
|
Australia Day Citizenship Ceremony (Federal requirement) funded via Citizenship program. Australia Day events led by community and funded via Festive and Commemorative grants. |
Festive and Commemorative Events grants |
Grants program (multi-year) for community-led events for Christmas, New Year’s Eve, Australia Day, Anzac Day. |
|
Christmas infrastructure |
$529,072 |
Banners: 362 street banners and 65 lit pole decorations across the region. (Pole decorations are used when street poles cannot accommodate a banner). Natural trees: 25 decorated natural trees across the region. |
New Year’s Eve |
$177,558
$120,000 |
A safety focused New Year’s Eve event aimed at 13–18-year-olds with free transport (return), featuring music acts and midnight fireworks (moderate size to service event patrons, not surrounding suburbs). Mooloolaba 8.30pm spectacle (visible along the coastline) and accompanying safety and security measures such as Police presence. |
TOTAL |
$948,350 |
|
Corporate Plan
Corporate Plan Goal: Our strong community
Outcome: We serve our community by providing this great service
Operational Activity: S1 - Community and cultural development and partnerships - providing planning, partnering and supporting the community through a range of community development, civic and cultural programs and grants.
Consultation
Councillor Consultation
Councillors have been consulted in relation to this report.
Internal Consultation
· Project Officer, Civil Projects
· Team Leader, Community Festivals and Events
· Community Connections & Partnerships Lead
External Consultation
· Queensland Police Service
Community Engagement
· Broad online community survey (2021 N655: 2023 N91)
· Festive and Commemorative Event grant recipients survey (N23)
Proposal
A full review of the Festive Season Program was conducted in 2020/21 (OM21/24) with a recommended program endorsed by Council and subsequently implemented.
Three years on, increasing costs are impacting on the Festive Season Program, and Council’s ability to deliver the program, at the scale and in the formats first envisioned. This makes the current model unsustainable without significant investment.
The Festive Season Program Assessment 2023 (Attachment 1) provides the basis for recommendations to Council on a range of changes to the program which, while still requiring some investment, provides some advice and recommendations to better aligned to community expectation for this important time of the year while also better managing the financial impacts.
To that end, the assessment considered:
· Financial efficiencies balanced with required operational resources
· Benchmarking, research and consultation
· Community festive event organisers’ feedback
· Community preferences and feedback
· Council’s strategic priorities.
The original review in 2020/21, and assessment after the three years of delivery, seeks to ensure the Festive Season Program adequately addresses the needs of the community, while observing financial and resourcing constraints, trends and opportunities.
It also considers infrastructure impacts at the Sunshine Coast Stadium and the Mooloolaba Esplanade over the next two to three years.
The methodology includes an analysis of primary and secondary data such as:
· Community need and demand (audiences, uptake, requests, grants, permits)
· Benchmarking (other regional Councils)
· Consultation and feedback (Councillors, broad community, event organisers).
Key findings demonstrated:
· A strong preference for localised community-led Christmas celebrations in multiple locations.
· Festive events are broadly supported by Chambers of Commerce and Councillors with the consensus being that community festive events should continue to be supported by Council into the future.
· An increased funding demand for festive events by community.
· Christmas and New Year’s Eve celebrations are more popular than Australia Day events (as evidenced by number of grants and permits issued).
· Feedback from the Queensland Police Service suggesting they are not supportive of large community events on Australia Day for community safety.
· Expectation that New Year’s Eve events are larger, more impactful, and that people would travel a greater distance to attend these over Christmas events.
· Councillors have expressed support for the community taking the lead in delivering community festive events with financial assistance from Council.
· A preference for local councils to provide support to communities to conduct their own festive events.
· Local councils stepping away from the role of Christmas event producer.
It has been noted through the grant application data over the past three years that Council has funded only three Australia Day events and issued permits for 12 events over this period indicating relatively low event activation and funding demand. These events are supported through the Festive and Commemorative Events Grants Program.
In addition to this, the Queensland Police Service do not recommend the delivery of large-scale Australia Day events due to public safety concerns.
Recommendation: No changes are required.
Budget: It is a Federal Government requirement to deliver an annual Citizenship Ceremony on or within three days of Australia Day, which includes this event within the Festive Program of events, however it is budgeted as part of the annual citizenship ceremony program and has no impact on budget within the Festive Season Program. Community led Australia Day events are supported through the Festive and Commemorative Events Grants Program, and budget will be addressed within that program stream.
Regional Christmas event
The multi-night Festive Garden at the Maroochy Bushland Botanic Gardens was delivered in 2021 and 2022, however it was not delivered in 2023 due to it no longer being financially feasible (deliverable within budget) after significant cost increases.
To address the increase financial impacts of delivering this regional event, a one day Festive on the Green event at the Sunshine Coast Stadium was offered in its place. Unfortunately, the 2023 event was cancelled due to severe weather (wind and electrical storm) conditions which would have impacted on the safety of staff, stall and food vendors, entertainers and the community.
However, it is noted that only 5000 people had booked tickets for this free, regional event.
It is recommended, that ongoing, Council no longer deliver a regional festive event.
The recommendation considered:
· Councillor consultation, community feedback, and the increasing demand (which cannot currently be met) for festive season grants, it is apparent that there is a preference for council to support localised community-led Christmas events.
· This preference is also supported by benchmarking against other local governments’ festive programming which revealed that 70% of Council respondents offer a grant program to fund festive events and of these, 75% of them do not deliver any festive events themselves, preferring to support communities to deliver their own celebrations through grant funding.
· Ticketing data for the 2021 and 2022 Festive Garden events reveals that over 50% of attendees reside within 10 kilometres of the event. Therefore, the regional Christmas event was not serving a regional audience.
A community survey conducted in 2023 confirms the original findings from the 2021 survey that informed the 2021 to 2023 Festive Season Programs, were still current ie the community consider attendance at a Christmas based on the following:
· Safety generally (the prime consideration)
· Costs of attendance
· Parking and travel distance (noting that community based events close to home are preferred)
· Entertainment /family friendly.
While we do not have data from the first 2023 Festive on the Green event at Sunshine Coast Stadium to provide further information, it is noted that even if successful, the Stadium will be unavailable in 2024 and 2025 as the facility undergoes redevelopment in advance of the Brisbane 2032 Olympic and Paralympic Games. This disruption provides further reason and opportunity to re-think this event.
Recommendation:
A regional Christmas event is not produced by Council, with this funding redistributed to the grants program to support community-led events and to the Christmas infrastructure program to close the gap on increasing costs.
Budget: The 2023/24 regional Christmas event budget is $98,804. It is recommended that $66,304 be used to fund the increase in the Festive and Commemorative Events budget, and $32,500 be used to fund the increase in the Christmas infrastructure budget.
Festive and Commemorative Events grants
This grants program was created to capture those events that do not fit easily into other Community Grants categories and are supported by Council’s strategic priorities, including the Sunshine Coast Community Strategy 2019-2041. The Festive Season Review in 2021 revealed that the same event organisers request funding for the same community events year-on-year and that funding is vital for the success of these long-established community run events. To support these groups in their planning and sustainability, multi-year funding was initiated to enable consistent support.
Analysis at that time projected that the level of funding requested will increase annually if allocated funding remains the same, meaning new events in new communities cannot emerge.
Data and feedback reveal:
· Not currently meeting demand as the amount of funding requested for festive events significantly exceeds available funding.
· 70% of successful funding applications are for Christmas events compared to 10% for Australia Day and 20% for New Year’s Eve.
· Average of $1.59 Council support per event attendee in 2020.
· High rates of satisfaction with the current program.
· There is a projected increase in demand for multi-year funding as all multi-year funding recipients plan to re-apply for this funding, while 66% of those receiving single year funding plan to apply for multi-year funding in the future.
· There are increased demands on the level of funding available as new event applicants come on board and 95% of funding recipients report increasingly higher event costs.
Recommendation: Funding is increased, and multi-year funding is retained.
Budget: The 2023/24 festive season component of the grants budget is $55,416*. It is recommended that this is increased to $121,720. Noting recommendation below, it is proposed that the regional Christmas event be discontinued and that a component of the budget for the event be used to fund the increase in the Festive and Commemorate Events grants budget.
*Note: Community grants may also be accessed by community groups seeking funding for festive activities and events.
Christmas infrastructure
There are occasional requests for additional infrastructure, which is addressed on a case-by-case basis. The budget currently accommodates population growth and distribution forecasts for the region as well as the relevant ownership and permit process and restrictions for location of sites and street poles on which the infrastructure / decorations may be attached, however does not cover increases in CPI and contract costs.
Recommendation: No changes to format, however an increase in budget is recommended to support increased costs.
Budget: The 2023/24 Christmas infrastructure budget is $496,572. It is recommended that this is increased to $529,072. Noting the recommendation below, which proposes that the regional Christmas event be discontinued and that a component of the budget for the event be used to fund the increase in the Christmas infrastructure budget.
Without further increase to the infrastructure budget, expansion of the program cannot be accommodated. As costs increase, the program may also need to shrink to ensure the infrastructure is safe, well maintained and has impact.
New Year’s Eve
· Safety generally as the prime consideration
· Costs of attendance
· Parking
· Entertainment /family friendly.
Of note is:
· a clear preference for 8.30 / 9pm fireworks over fireworks presented at midnight (Note: 51% of respondents were over 65 however, actual data from the event shows families with younger children in attendance)
· travel distance is not a prime factor in deciding to attend.
In 2024 and 2025 Mooloolaba will be undergoing construction as part of a placemaking project, meaning there will be impacts on the ability to deliver the same scale and format of event that has been delivered in previous years.
This provides an opportunity to consider a new delivery model for 2024, noting that a further investigation, if supported by Council, could explore more creative options that align with council’s vision while still achieving community safety outcomes .
The works and impacted compound areas are highlighted by the orange perimeter line in the map above. The area runs along the shoreline from Mooloolaba Surf Club to the end of the carpark opposite Venning Street (approximately 500 metres). This is where the current NYE Mooloolaba event is held.
It is anticipated that the area will be unavailable and/or unsafe for large-scale public events / access in December 2024 and that the proposed works may not be completed before December 2025.
The current event model attracts families to the 8.30pm fireworks and youth to the music offer and midnight fireworks.
Typically, over the past two years and pre-COVID, according to robust data gathered through WI FI detection technology across the foreshore, 65% of attendances occurred around the time of the 8.30pm fireworks and dropped off to around 35% of all attendances for the midnight show.
For the 2023 event, the Queensland Police Service (QPS) requested changes to the event to include gating the event zone and increased security to address safety concerns.
Noting that the event was developed and has always been focussed on community safety, the QPS requests were implemented however, they have also significantly increased the infrastructure costs for this event. We understand this requirement will be ongoing for an event of this magnitude at this time of the year in Mooloolaba to ensure community safety.
It is also noted that the midnight fireworks in recent years have been when the event has experienced issues related to managing youth behaviour.
The impact of public works on the use of Mooloolaba site - including increased traffic congestion alongside youth safety issues, attendance time data and a community preference for 8.30- 9pm fireworks provide the opportunity to trial a different model for event delivery.
It is recommended that the 2024 New Year’s Eve program be:
· One large-scale 8.30pm fireworks* display in the vicinity of Mooloolaba - dependent on exclusion zone, weather and other safety requirements - to allow a dispersed gathering with viewing available from Alexandra Headland, Mooloolaba beachfront, La Balsa parklands, and Kawana beach. This will service all demographic groups except youth.
· Deliver one youth event (targeted at 13 to 18-year-olds) from 8pm – midnight with live music, free transport, security, small-scale midnight fireworks, food and non-alcoholic beverages. The event will be alcohol and drug free and designed in partnership with youth, QPS and Red Frogs with a chill out and sensory zones. It will be ticketed (low cost for accessibility) to support entertainment to attract the target market and to ensure appropriate safety measures are in place. There may be some opportunity to attract sponsorship for this style of event. (Note: State Government provides free bus transport state-wide from 9pm). Possible locations would be in the Kawana area (Sunshine Coast Stadium, Western Fields, NightQuarter) area with public transport and the ability to gate the event.
Budget: The 2023/24 New Year’s Eve budget is $297,558. It is recommended that the budget is split to $120,000 for Mooloolaba, and $177,558 for the youth event.
*Note:
i. As part of this Assessment, consultation and research on alternative mass-display entertainment options were investigated as an alternative to fireworks. For reference a side-by-side comparison is included in the table below.
ii. Fireworks at Mooloolaba (which can be viewed along the Coast from multiple viewing points) are a business as usual option and fit within the current budget however, it would be timely to consider the environmental impacts of fireworks on wildlife such as shorebirds and debris from the pyrotechnic display to ensure that in 2024 and ongoing, this is still the right approach for the region and it vision.
Factors |
Fireworks – average fireworks show |
Drones - large 500/ medium 200 drone shows |
Projections |
Length of show |
5- 20 minutes |
5- 15 minutes |
15 - 60 mins |
Cost per show (10 minutes) |
$40,000 |
Large- $180,000 Medium $60,000 |
Large - $350,000 Medium - $20,000 |
Cost per minute |
$4,000 |
Large – $18,000 Medium - $6,000 |
Large - $11,666 Medium - $6,666 |
Visibility – distance |
Up to 10kms |
Up to 5kms |
Up to 4kms |
Angle of visibility |
Up to 360 degrees |
Up to 360 degrees |
<180 degrees |
Heights |
<300 metres |
<120 metres |
<200 metres |
Safety |
Perimeter based – negligible |
Perimeter based – negligible |
No risks |
Fire risks |
Low – over water |
None |
None |
Set up staff costs |
Medium |
Low -medium |
Medium - high |
Market availability – competitiveness |
Medium
to high - |
Low
to medium – |
Low
to medium – |
Impact – brightness |
Medium to high |
Low to medium |
Medium to high - low level ambient light required |
Impact – creativity |
Low to medium |
Medium to high |
High |
Music synchronization |
Yes |
Yes |
Yes |
Pet friendly |
No |
Yes |
Yes |
Environment – impact on wild-life |
Low |
Negligible |
Negligible |
Weather impacts |
Wind < 8 m/s (15 knots) * |
Wind < 6 m/s (11 knots) ** |
Wind <1 m/s |
Environmental (carbon footprint) |
17Kg CO2 *** |
800 Grams CO2 |
10 Kg CO2 |
Biodegradability |
Yes – fully |
Re-usable |
Re-usable |
*To ensure accuracy of projectile trajectory and cohesion of the display
**Due to excessive battery drain flight times are significantly reduced with increased winds
***It should be noted that this is the equivalent of 4 petrol cars traveling 30 kms to watch the fireworks or any other event.
Legal
There are no legal implications in relation to this report.
Policy
There are no policy implications relevant to this report.
Risk
Acts of vandalism or weather damage to Christmas infrastructure, this is managed through hiring of equipment so insurance sits with contractor.
Previous Council Resolution
Ordinary Meeting 25 March 2021 (OM21/24)
That Council:
(a) receive and note the report titled “Festive Season Program”
(b) endorse the recommended Festive Season Program model as outlined in this report and detailed in Appendix A
(c) authorise the Chief Executive Officer to refer the funding for the Festive Season Program, as outlined in this report, to the 2021/22 budget and
(d) authorise the Chief Executive Officer to develop a community grants program to support localised, community organised festive, celebration and commemorative events over multiple years.
Related Documentation
No related documentation relevant to this report.
Critical Dates
Planning for and coordination of the 2024 Festive Season Program will commence early in 2024.
Implementation
Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will implement the endorsed program.
Ordinary Meeting Agenda Item 8.3 Festive Season Program Attachment 1 Festive Season Program Assessment 2023 |
18 January 2024 |
8.4 Disposal (Lease) of 60 Fellowship Drive, Doonan
File No: Council Meetings
Author: Manager Leasing and Land Management
Business Performance Group
Attachments: Att
1 - Locality Plan........................... 137 ⇩
Att
2 - Aerial Map............................... 139 ⇩
Att
3 - Infrastructure and
Improvement Site Plan..................................................... 141 ⇩
Att 4 - Submission Feedback Form - Confidential
purpose
To seek Council’s resolution to grant an exception under Section 236 of the Local Government Regulation 2012 to dispose of land (via lease) of 60 Fellowship Drive, Doonan other than by tender or auction.
Executive Summary
This report seeks Council’s resolution to grant an exception under Section 236 of the Local Government Regulation 2012 to allow Council to dispose of land by way of lease via private treaty negotiations, rather than undertaking a second tender release for the land located at 60 Fellowship Drive, Doonan legally referred to as Lot 103 on SP251355 (Council’s land) as shown in Attachment 1 – Locality Plan and Attachment 2 – Aerial Map.
Council’s land is a State Reserve owned by the State of Queensland and is managed by Council under trust for the purposes of ‘Environmental Park, Public Halls, Recreation and Sporting’ uses.
Council released the opportunity for interested parties to apply for a 10-year Trustee Lease over the whole of the land via its usual tender process. The tender closed on 25th July 2023 and respondents were advised that applications were not successful on 13 November 2023.
To ensure Council’s expectations for diverse community uses at the site is delivered, Council is requesting that an exception be granted to allow officers to approach community organisations directly and seek private treaty agreements as a result of no leases eventuating from the tender process.
As such, Council approval is being sought to:-
· resolve to grant an exception to release Council’s land via private treaty, rather than undertaking a further tender; and
· secure a variety of tenancy arrangements which provide Council with a community site that provides a high level of activation and use, has a strong level of Council involvement and oversight and ensures that the community organisations which eventuate are well supported with bespoke agreements which meet the needs of the specific organisation and the general public.
An exception may be considered as the land at 60 Fellowship Drive, Doonan has been offered to the market via public tender with no leases eventuating from this process. Allowing Council to enter into direct arrangements with a variety of community organisations will allow for a more bespoke tenancy agreement process and tenancy mix over Council’s land.
It is recommended that Attachment 4 (Submission Feedback Form) to this report be considered confidential in accordance with section 254J (3) (g) of the Local Government Regulation 2012 as it contains information relating to negotiations of a commercial nature involving the local government for which a public discussion would be likely to prejudice the interests of the local. The attachment includes details of an applicant’s submission to the Tender. Release of this information could prejudice private treaty discussions for the land and impact the organisations ability to secure other premises' or re-apply at this site.
That Council:
(a) receive and note the report titled “Disposal (Lease) of 60 Fellowship Drive, Doonan”
(b) resolve that, under section 236(1)(a) of the Local Government Regulation 2012, Council may dispose of a valuable non-current asset other than by tender or auction, this being the disposal by way of the lease of an interest in 60 Fellowship Drive, Doonan (legally described as Lot 103 on SP251355), on the basis that:
(i) the lease has previously been offered to the market by public tender, and
(ii) a lease has not been entered into or secured via public tender as no lease was awarded via the tender process and
(c) delegate authority to the Chief Executive Officers to authorise that annual consideration resulting from tenancy agreements be set in line with Council’s Fees and Charges for Community Organisations occupying Council land.
Finance and Resourcing
The rent payable by any prospective tenant typically would need to be equal to or above that of the market value of the interest in land which has been determined by an independent registered Valuer pursuant to Section 236(3) and 236(5) of the Local Government Regulation 2012.
However, as the site is intended for community use, a delegation has been requested to enter into leases with community organisations which meet the requirements of Council’s Community groups occupying council owned or council-controlled land and/or infrastructure Policy in line with Council’s approved fees and charges.
Council will be required to pay its own costs in relation to the preparation of the lease agreement, which is expected to be undertaken using internal resources with no external financial cost to Council. A formal market rental assessment will be undertaken by a registered Valuer to ensure compliance with Council’s legislative requirements.
Corporate Plan
Corporate Plan Goal: Our service excellence
Outcome: We serve our community by providing this great service
Operational Activity: S22 - Property management – comprehensive management of Council’s land and building assets to ensure that Council’s property dealings are optimised, centrally managed, and support Councils objectives.
Consultation
Councillor Consultation
Councillor M Suarez (Divisional Councillor)
Internal Consultation
Property Management
Sports and Recreation Development
Community Development
Environmental Operations Department
Planning and Development Department
External Consultation
Council has engaged with the Applicant who submitted an application to the Tender regarding Council not awarding the Tender and have provided a detailed response to the submission’s limitations.
Community Engagement
The Tender for the property was released publicly and provided an opportunity for interested parties to make a submission.
Proposal
The land located at 60 Fellowship Drive, Doonan legally referred to as Lot 103 on SP251355 (Council’s land) is owned by the State of Queensland and is managed by Council under Trust. Council was entrusted the land in 2019 from the State.
Council’s land is some 216,300m2 in area, with the eastern boundary bordering the Noosa National Park with the western boundary adjoining Council’s community sport and recreation land.
The Trust provides for uses compatible with its purpose being ‘Environmental Park, Public Halls, Recreation and Sporting’ uses. Council’s land is zoned ‘Community Facilities’ under Council’s Planning Scheme.
Infrastructure on site comprises of a main hall with commercial kitchen, two separate dormitories with internal kitchens and bathrooms, a swimming pool (filled in), two separate meeting spaces; large storage shed, various smaller storage sheds, car track (used for community driver training) and a dam. Locations of this infrastructure are shown in Attachment 3 – Infrastructure and Improvement Site Plan.
Two community organisations for driver training regularly use the site under a Community Land Permit at present (and continue to do so).
Council released the opportunity for potential organisations to apply for a 10-year Trustee lease over the whole of the site via its usual tender process. The tender closed on 25th July 2023 and respondents were advised that applications were not successful on 13 November 2023.
The tender sought to identify suitable interested parties that would be capable of establishing and operating sporting, community, social or cultural services.
One submission was received in response to the tender. Following an extensive evaluation process, the evaluation panel determined that the submission was not considered advantageous to Council, and as such the tender was not awarded. A copy of the response to the submitter is attached as Attachment 4 – Submission Feedback Form. The attachment details of an applicant’s submission to the Tender. Release of this information could prejudice private treaty discussions for the land and impact the organisations ability to secure other premises' or re-apply at this site.
Following the evaluation and outcome of the Tender. Council officers have undertaken a further review of the site and have considered alternative strategies and mechanisms for establishing a community precinct on Council’s land.
As part of the Tender, Council sought applications to lease the ‘whole site’ which required prospective tenants to manage a substantial land asset. Council officers are proposing to directly engage with interested parties to establish individualised tenancy arrangements over a specific area of need. This tenancy strategy has the following benefits to both Council and prospective interested parties:-
· Council maintains control over the broader site and can manage the diversity, mix of uses, compatibility of service provision and design to meet the community’s network needs;
· Responsibility for the common area maintenance (i.e. natural areas, and land which is not included in a tenancy agreement) remains with Council, relieving prospective groups of having to maintain, fund and manage these areas;
· Prospective community organisations/interested parties are able to focus on the delivery of core services to the community, rather than having to manage/fund development, construction and tenancy related matters;
· Common areas remain publicly accessible to the broader community; and
· Provide wider opportunity for grant funding as individual organisations will have an independent tenancy arrangement directly with Council, rather than grant applications requiring auspicing through a single head tenant.
Where a tender results in unsuccessful outcomes, it is considered appropriate to release the opportunity for private treaty negotiations with interested parties. Council has the ability to enter into a lease over portions of Council’s land under Section 236 of the Local Government Regulation 2012 as:
· the opportunity has been released via public tender, and
· no lease eventuated from the public tender process.
To allow Council to enter into a lease via private treaty, Council is required to grant an exception under Section 236 of the Local Government Regulation 2012 which provides that a disposal, other than by public tender or auction, may occur if an exception applies. An exception is permitted where it relates to an application where the grant of the lease has been previously offered by public tender, but a lease has not been executed.
To ensure that Council has every avenue and opportunity to seek leases (or other tenancy arrangements), an exception is being requested on the basis that the tender for Council’s land did not result in a lease being entered into.
An exception (in relation to Council’s land the subject of this report) under the Local Government Regulation 2012 is deemed applicable and appropriate in this instance as the land has previously been offered via public tender which closed on 25 July 2023 and a lease did not eventuate from the Tender.
Leasing (or entering into other forms of non-exclusive tenure such as Permits) via private negotiations is expected to allow Council officers to engage with interested parties and community groups directly in a more informal setting with a view to progressing opportunities for a diverse range of community organisations.
Legal
Legal Services have been consulted in relation to this report and will prepare and review the lease documentation which may eventuate with individual groups and register the dealings with Titles Queensland.
Policy
This report has been prepared in accordance with Council’s Procurement Policy relating to the disposal of Council assets.
Risk
Whilst there are no significant risks relevant to this report, being able to engage with a variety of interested community organisations (including sub-groups from the submission) would be beneficial following the close out of the tender process.
Previous Council Resolution
There are no previous Council resolutions relevant to this report.
Related Documentation
There is no related documentation relevant to this report.
Critical Dates
There are no critical dates relevant to this report, however being able to engage with community organisations over distribution, use and tenancy over Council’s land would be beneficial in the shorter term to progress activation of the site.
Implementation
Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will:
· Advertise the opportunity to enter into tenancy agreements over individualised portions of Council’s and seek private treaty negotiations; and
· Execute lease agreements with suitable community organisations and register any lease agreement with Titles Queensland.
Ordinary Meeting Agenda Item 8.4 Disposal (Lease) of 60 Fellowship Drive, Doonan Attachment 1 Locality Plan |
18 January 2024 |
Ordinary Meeting Agenda Item 8.4 Disposal (Lease) of 60 Fellowship Drive, Doonan Attachment 2 Aerial Map |
18 January 2024 |
Ordinary Meeting Agenda Item 8.4 Disposal (Lease) of 60 Fellowship Drive, Doonan Attachment 3 Infrastructure and Improvement Site Plan |
18 January 2024 |
8.5 December 2023 Financial Performance Report
File No: Council Meetings
Author: Acting Coordinator Financial Services
Business Performance Group
Appendices: App
a - Minor Capital Works Program 149 ⇩
Attachments: Att 1 - December 2023 Financial Performance Report (to be provided). 155 ⇩
Att 2 - Capital Grant Funded Project Report December 2023 (to be Provided)......... 157 ⇩
purpose
To meet Council’s legislative obligations, a monthly report must be presented to Council on its financial performance and investments.
Executive Summary
This monthly financial performance report provides Council with a summary of performance against budget as at 31 December 2023, in terms of the operating result and delivery of the capital program.
Operating Performance
Table 1: Operating Budget as at 30 June 2024
|
Original |
Current Budget $000 |
Total Operating Revenue |
590,615 |
594,808 |
Total Operating Expenses |
566,003 |
572,666 |
Operating Result |
24,612 |
22,142 |
Details of the monthly financial report are contained in Attachment 1.
That Council:
(a) receive and note the report titled “December 2023 Financial Performance Report” and
(b) endorse the Minor Capital Works Program (Appendix A).
Finance and Resourcing
This report sets out the details of Council’s financial performance and investments for the month ending 31 December 2023, and meets Council’s legislative reporting requirements.
Corporate Plan
Corporate Plan Goal: Our outstanding organisation
Outcome: We serve our community by providing this great service
Operational Activity: S28 - Financial and procurement services – financial and procurement management and governance, ensuring effective business management and legislative compliance, coordination and development of Council’s budget process, administration of financial systems, sundry debtors, accounts payable, financial and asset accounting, treasury, procurement, contract and supply functions.
Consultation
Councillor Consultation
Consultation has been undertaken with the Portfolio Councillor, E Hungerford
Internal Consultation
This report has been written in conjunction with advice from:
· Acting Group Executive Business Performance
· Chief Financial Officer
External Consultation
No external consultation is required for this report.
Community Engagement
No community engagement is required for this report.
Legal
This report ensures that Council complies with its legislative obligations with respect to financial reporting in accordance with Section 204 of the Local Government Regulation 2012.
Investment of funds is in accordance with the provisions of the Statutory Bodies Financial Arrangements Act 1982 and the associated Regulations and the Local Government Act 2009.
Policy
Sunshine Coast Council’s 2023/24 Investment Policy, and
Sunshine Coast Council’s 2023/24 Debt Policy.
Risk
Failure to achieve the budgeted operating result will negatively impact Council’s capacity to complete its capital expenditure program.
Previous Council Resolution
Ordinary Meeting 14 December 2023 (OM23/149)
That Council:
(a) receive and note the report titled “Budget Review 2 2023/2024”
(b) adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s amended budget for 2023/24 financial year incorporating:
(i) the statement of income and expenditure
(ii) the statement of financial position
(iii) the statements of changes in equity
(iv) the statement of cash flow
(v) the relevant measures of financial sustainability
(vi) the long-term financial forecast
(vii) Council’s 2023/24 Capital Works Program, endorse the indicative four-year program for the period 2025 to 2028, and note the five-year program for the period 2029 to 2033
(c) note the following documentation applies as adopted 22 June 2023
(i) the Debt Policy
(ii) the Revenue Policy
(iii) the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the previous budget, and
(iv) the Revenue Statement
(v) the rates and charges to be levied for the 2023/24 financial year and other matters as adopted 22 June 2023
(vi) the Strategic Environment Levy Policy
(vii) the Strategic Arts and Heritage Levy Policy
(viii) the Strategic Transport Levy Policy
(ix) the Derivatives Policy and
(d) endorse the Minor Capital Works Program (Appendix B).
Ordinary Meeting 21 September 2023 (OM23/104)
That Council:
(a) receive and note the report titled “Budget Review 1 – 2023/24” and
(b) adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s amended budget for 2023/24 financial year incorporating:
i. the statement of income and expenditure
ii. the statement of financial position
iii. the statement of changes in equity
iv. the statement of cash flow
v. the relevant measurers of financial sustainability
vi. the long-term financial forecast
vii. Council’s 2023/24 Capital Works Program, endorse the indicative four-year program for a period 2025 to 2028, and note the five-year program for the period 2029 to 2033
(c) note the following documentation applies as adopted 22 June 2023
i. the Debt policy
ii. the Revenue policy
iii. the total value of change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the previous budget
iv. the Revenue statement
v. the rates and charges to be levied for the 2023/24 financial year and other matters as adopted 22 June 2023
vi. the Strategic Environment Levy Policy
vii. the Strategic Arts and Heritage Levy Policy
viii. the Strategic Transport Levy Policy
ix. the Derivates Policy and
(d) endorse the Minor Capital Works Program (Appendix B)
Special Meeting 22 June 2023 (SM23/2)
That Council:
1. STATEMENT OF ESTIMATED FINANCIAL POSITION
receive and note Appendix A, pursuant to section 205 of the Local Government Regulation 2012, the statement of the financial operations and financial position of the Council in respect to the 2022/23 financial year
2. ADOPTION OF BUDGET
adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s budget for 2023/24 financial year incorporating:
i. the statement of income and expenditure
ii. the statement of financial position
iii. the statement of changes in equity
iv. the statement of cash flow
v. the relevant measures of financial sustainability
vi. the long-term financial forecast
vii. the Debt Policy (adopted by Council resolution on 25 May 2023)
viii. the Revenue Policy (adopted by Council resolution on 25 May 2023)
ix. the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the previous budget
x. the Revenue Statement
xi. Council’s 2023/24 Capital Works Program, endorse the indicative four-year program for the period 2025 to 2028, and note the five-year program for the period 2029 to 2033
xii. the rates and charges to be levied for the 2023/24 financial year and other matters as detailed below in clauses 3 to 10
xiii. the 2023/24 Minor Capital Works Program
xiv. the Strategic Environment Levy Policy
xv. the Strategic Arts and Heritage Levy Policy
xvi. the Strategic Transport Levy Policy and
xvii. the Derivatives Policy
Related Documentation
2023/24 Adopted Budget
Critical Dates
There are no critical dates for this report.
Implementation
There are no implementation details to include in this report.
Ordinary Meeting Agenda Item 8.5 December 2023 Financial Performance Report Appendix A Minor Capital Works Program |
18 January 2024 |
Ordinary Meeting Agenda Item 8.5 December 2023 Financial Performance Report Attachment 1 December 2023 Financial Performance Report (to be provided) |
18 January 2024 |
Placeholder for Attachment
December 2023 Financial Performance Report
December 2023 Financial Performance Report (to be provided)
Ordinary Meeting Agenda Item 8.5 December 2023 Financial Performance Report Attachment 2 Capital Grant Funded Project Report December 2023 (to be Provided) |
18 January 2024 |
Placeholder for Attachment
December 2023 Financial Performance Report
Capital Grant Funded Project Report December 2023 (to be Provided)
8.6 Consolidation of Subordinate Local Law No.2 (Animal Management) 2011
File No: Council Meetings
Author: Governance Policy Lead
Civic Governance
Appendices: App
a - Subordinate Local Law No 2
(Animal Management) 2011............. 165 ⇩
purpose
The purpose of this report is to recommend that Council adopt the consolidated version of Council’s Subordinate Local Law No. 2 (Animal Management) 2011 as a result of amendments adopted at Council’s Ordinary Meeting held on Thursday 14 December 2023 (OM23/145).
Executive Summary
This report meets an administrative requirement to present a consolidated version of Subordinate Local Law No. 2 (Animal Management) 2011.
A consolidated version incorporates amendments into the published version of a local government’s local law, so that the published version is both consolidated and up to date.
As such, this consolidated subordinate local law and report does not include any new material not previously considered or adopted by Council and formally published in the Government Gazette as part of the local law making process.
Consolidating local laws and subordinate local laws in this way reduces the risk of breaches and incorrect interpretation of local law provisions, as well as making it easier for the community to access, read and understand a local law as they exist at that point in time.
That Council:
(a) receive and note the report titled “Consolidation of Subordinate Local Law No.2 (Animal Management) 2011” and
(b) resolve to adopt a consolidated version of Sunshine Coast Regional Council Subordinate Local Law No. 2 (Animal Management) 2011 at Appendix A to this report.
Finance and Resourcing
The cost of drafting the consolidated local laws and subordinate local laws has been funded through existing budget allocations within the Civic Governance Group.
Corporate Plan
Corporate Plan Goal: Our outstanding organisation
Outcome: We serve our community by providing this great service
Operational Activity: S30 - Governance – providing internal leadership, legal opinion, governance and audit functions ensuring legislative accountability, transparency and ethical obligations are supported.
Consultation
Councillor Consultation
Councillors were consulted throughout the local law making process regarding the proposed amendments that were adopted at the Ordinary Meeting on 14 December 2023.
Internal Consultation
Internal consultation in relation to the subordinate local law amendments occurred with all relevant stakeholders as part of the local law making process. No internal consultation was required as part of the local law consolidation process as this is simply an administrative process.
External Consultation
No external consultation was required as part of the local law consolidation process.
Community Engagement
Community consultation was undertaken in developing the amendment to Subordinate Local Law No. 2 (Animal Management) 2011 prior to its adoption by Council on 14 December 2023 (OM23/145). No additional external consultation is required as part of the local law consolidation process, as it is simply an administrative process.
Proposal
The concept of a consolidated version of a local law is similar to the process of producing reprints of Queensland Acts. Each time an amending Act is made, the Office of the Queensland Parliamentary Counsel prepares a consolidated (or updated) version of the Act which accurately combines the original Act with each of the subsequent amendments made. This process makes it easier for anyone referencing the legislation as they don't need to read the original Act and each of the subsequent amendments separately.
Consolidating local laws provides stakeholders and the community with a comprehensive, current and readable suite of local laws. Without consolidation, readers are required to read the original local law and all subsequent amendment local laws together to ascertain the current lawful position for a particular issue. A consolidated version of a local law is simply a document that accurately combines a local government’s local law, as it was originally made, with all the amendments made to the local law since the local law was originally made.
Consolidation of Council’s local laws is purely administrative in nature and only includes amendments to local laws that have previously been adopted by Council and formally published in the Government Gazette as part of the local law making process.
At the Ordinary Meeting on 14 December 2023, Council resolved to adopt Amendment Subordinate Local Law No.2 (Animal Management) 2023.
The above mentioned local law amendment has satisfied the statutory requirements needed to make a local law which included:
· Report to Council proposing to make the local law
· Community Consultation
· Report to Council to make the Local Law
· Government Gazette.
The newly consolidated version of Subordinate Local Law No. 2 (Animal Management) 2011 will be made available to the public through a link on Council’s website and also on the State Government’s local law database website.
Legal
The proposal has been considered in accordance with the following legislation:
· the Local Government Act 2009 and the Local Government Regulation 2012
· Sunshine Coast Council’s suite of Local Laws and Subordinate Local Laws
Section 32 (1) of the Local Government Act 2009 provides that the Local Government may prepare and adopt a consolidated version of its local laws and subordinate local laws as they were originally made, with all the amendments made to the local laws and subordinate local laws since the local laws and subordinate local laws were originally made.
In accordance with section 32 (4) of the Local Government Act 2009, the Local Government must provide a copy of the adopted consolidated versions to the Minister within 7 days.
Policy
The consolidation of the local law and subordinate local law have been prepared in accordance with relevant Council policies.
Risk
Failing to consolidate local laws and subordinate local laws increases the risk of breaches and incorrect interpretation of local law provisions. It also makes the local laws difficult to read and understand by the community.
Previous Council Resolution
Ordinary Meeting 14 December 2023 (OM23/145)
That Council:
(a) receive
and note the report titled “Amendment Subordinate Local Law No. 2
(Animal Management) 2023”
(b) resolve to make Amendment Subordinate Local Law No. 2 (Animal Management) 2023 at Appendix A, which has been amended in the following manner following consideration of public submissions as detailed in this report:
(i) in section 4(2), substitute a revised map SLL 2.5.19 (Point Cartwright, Buddina) for inclusion in schedule 5 (Exclusion of animals from specific places)
(ii) in section 5(2), insert a new row 11 to declare a new dog off-leash area (for Point Cartwright, Buddina, beach access 196 to 196T), which will operate only from 4.00pm to 8.00am, Monday to Friday
(iii) in section 5(3), substitute a revised map SLL 2.6.19 (Point Cartwright, Buddina, beach access 198 to 201) and insert a new map 2.6.20 (Point Cartwright, Buddina, beach access 196 to 196T) to delineate the new dog off-leash area
(iv) insert a new section 6 in the Amendment Subordinate Local Law to state that row 11 and map SLL 2.6.20 (relating to the new dog off-leash area at Point Cartwright) will expire on 30 June 2025
(c) note it is considered there are no anti-competitive provisions in Amendment Subordinate Local Law No. 2 (Animal Management) 2023 and
(d) note the Chief Executive Officer plans to undertake, complete and report back to Council before 30 June 2025 on a proposed region-wide dog exercise area plan and associated network blueprint.
Ordinary Meeting 21 September 2023 (OM23/101)
That Council:
(a) receive and note the report titled “Propose to Make Amendment Subordinate Local Law No.2 (Animal Management) 2023”
(b) resolve to propose to make Amendment Subordinate Local Law No. 2 (Animal Management) 2023
(c) resolve to undertake community consultation on the draft subordinate local law from 25 September 2023 to 30 October 2023 (5 weeks) and
(d) note the proposed amendments have been reviewed pursuant to section 38 of the Local Government Act 2009 and the amendments do not contain anti-competitive provisions.
Ordinary Meeting 24 August 2023 (OM23/82)
That Council:
(a) receive and note the report titled “Point Cartwright Reserve and La Balsa Park Master Plan”
(b) endorse the Point Cartwright Reserve and La Balsa Park Master Plan - (Appendix A) and Illustrative Plan (Appendix B)
(c) note that the Point Cartwright Reserve and La Balsa Park master plan will inform the development of staged implementation projects for consideration in future capital and operational budgets and applications for external funding opportunities
(d) request the Chief Executive Officer prepare a report for Council’s consideration at the Ordinary Meeting of 21 September 2023 to commence a local law making process for a proposed amendment to Subordinate Local Law 2 (Animal Management) 2011 - Schedule 6 Dog off leash areas – maps 2.6.19 Point Cartwright Reserve and 2.6.20 Point Cartwright to Gulai Street, Buddina (Beach access 198 to 201) and
(e) endorse the Proposed Changes to Pet Access Map (Appendix C) to inform the local law amendment process (d) above.
Related Documentation
· Local Government Act 2009
· Local Government Regulation 2012
· Sunshine Coast Regional Council Local Laws and Subordinate Local Laws
· State Government Guidelines for Drafting Local Laws 2016
· Sunshine Coast Regional Council Corporate Plan 2024-2028
· Compliance and Enforcement Policy.
The consolidation of local laws should occur as soon as practical after an amendment local law is adopted. This ensures the community and key stakeholders have a clear, current, easily accessible and articulate local law framework.
The Minister will be notified within seven days following the adoption of the recommended consolidated subordinate local law.
Implementation
Should the recommendation in this report be accepted by Council, the Chief Executive Officer will:
· provide a copy of the consolidated subordinate local law to the Minister for Housing, Local Government and Planning in accordance with section 32 (4) of the Local Government Act 2009 for inclusion on the Department local laws database and
· the consolidated subordinate local law will be published on Council’s website.
Ordinary Meeting Agenda Item 8.6 Consolidation of Subordinate Local Law No.2 (Animal Management) 2011 Appendix A Subordinate Local Law No 2 (Animal Management) 2011 |
18 January 2024 |
8.7 Appointment of Independent Audit Committee Member
File No: Council Meetings
Author: Manager Audit, Assurance and Risk Advisory Services
Civic Governance
Attachments: Att 1 - Recommended Candidate - Confidential
purpose
The purpose of this report is to seek Council’s approval for the appointment of an independent member of Council’s Audit Committee.
While this is a public report, it is considered the name of the nominated candidate should be maintained as confidential information until such time as Council has made its decision on the recommendations in this report.
Accordingly, should Councillors wish to discuss the identity of the nominee for appointment to the Audit Committee, it is recommended that Council resolve to close the meeting under section 254J (1) of the Local Government Regulation 2012 on the basis that the information contained in Confidential Attachment 1 is confidential under section 254J (3) (g) of the Regulation on the basis that it relates to negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government.
Council will need to resolve its decision on this report in that part of the Council meeting which is viewable by the public.
The report also contains a recommendation to authorise the Chief Executive Officer to publicly release the name of the nominee for appointment to the Audit Committee should Council resolve to accept the recommendations in this report.
Executive Summary
Council resolved on 24 February 2022 (OM22/14) to amend the composition of its Audit Committee to increase the number of independent members from two to three people.
The term of one of the three Independent Members of the Sunshine Coast Council Audit Committee (AC), Mr Patrick McCallum, concluded on 31 December 2023.
At that time, the Audit Committee comprised three independent members and two Councillors, namely:
· Mr Mitchell Petrie (Independent Member and Chair)
· Mr Patrick McCallum (Independent Member)
· Ms Suzanne Tindal (Independent Member)
· Councillor E Hungerford (Councillor for Division 7 and Outstanding Organisation Portfolio Councillor)
· Councillor J Natoli (Councillor for Division 4 and Outstanding Organisation Portfolio Councillor)
The selection of the proposed nominee to the role of independent member of the Audit Committee has occurred in compliance with the requirements of the Audit Committee Charter (see Confidential Attachment 1).
Subject to Council resolving to accept the recommendations in this report, it is proposed that the recommended appointee be appointed for a term from and including 18 January 2024 and concluding on 31 December 2026.
That Council:
(a) receive and note the report titled “Appointment of Independent Audit Committee Member”
(b) approve the appointment of the independent Audit Committee member, as discussed in confidential session, for a term of three years from and including 18 January 2024 and concluding on 31 December 2026 and
(c) authorise the Chief Executive Officer to publicly release the name of the person appointed as a member of the Audit Committee, should Council endorse the recommendations in this report.
Finance and Resourcing
As at 1 July 2023, an independent Audit Committee Member receives an annual remuneration fee of $8,776.85 GST exclusive. The costs associated with the remuneration for the Audit Committee members are met from within the budget of the Audit, Assurance and Risk Advisory Services Branch in the Civic Governance Group.
Corporate Plan
Corporate Plan Goal: Our outstanding organisation
Outcome: We serve our community by providing this great service.
Operational Activity: S30 - Governance – providing internal leadership, legal opinion, governance and audit functions ensuring legislative accountability, transparency and ethical obligations are supported.
Consultation
Councillor Consultation
Audit Committee Councillors - Councillor E Hungerford and Councillor J Natoli
Chair of the Audit Committee.
Internal Consultation
Chief Executive Officer
Group Executive, Civic Governance
External Consultation
Given this involves a confidential selection process, it has not been appropriate to engage in external consultation.
Community Engagement
Given this involves a confidential selection process, it has not been appropriate to undertaken community engagement in relation to this matter.
Proposal
Under section 105 (2) of the Local Government Act 2009, Council (as a large local government) must establish and maintain an Audit Committee. The Act provides the Audit Committee has the following functions:
(a) monitors and reviews—
(i) the integrity of financial documents
(ii) the internal audit function
(iii) the effectiveness and objectivity of Council’s internal auditors and
(b) makes recommendations to Council about any matters that the Committee considers need action or improvement.
The Committee has no delegated decision-making authority. The Committee is, however, a source of independent advice to Council and the Chief Executive Officer.
The overall objective of the Committee is to assist Council and the Chief Executive to discharge their responsibilities, in particular:
· Corporate governance and responsibilities in relation to the organisation’s financial reporting, internal control structure, risk management systems and the external and internal audit functions
· maintain an independent and objective forum promoting transparency, accountability and an ethical culture throughout Council
· maintain open lines of communications with Council, Executive Management, External Audit and Internal Audit, to exchange information and views
· oversee and appraise the quality and efficiency of audits conducted by both the Internal and External Audit functions and
· ensure both the Internal and External Audit functions are independent and effective.
Section 210 (1) of the Local Government Regulation 2012 and the Audit Committee Charter provide that the Committee must consist of at least three and no more than six members and:
· should include one, but no more than two, Councillors and
· at least one member who has significant experience and skills in financial matters.
A review in late 2021 found the larger SEQ Councils had at least three independent members on their respective Audit Committees and the number of independent members always exceeded the number of Councillors. As a consequence of that review, Council resolved on 24 February 2022 (OM22/14) to amend the composition of its Audit Committee to increase the number of independent members from two to three people.
The Committee is currently comprised of Mr Mitchell Petrie (Independent Chair), Mr Patrick McCallum (Independent Member), Ms Suzanne Tindal (Independent Member), Councillor E Hungerford and Councillor J Natoli.
With the conclusion of the term of Mr Patrick McCallum, Council officers have conducted the process contemplated by the Sunshine Coast Council Audit Committee Charter to arrive at the recommendation in this report (see Confidential Attachment 1).
Should Council accept the recommendations in this report, the composition of Council’s Audit Committee will be maintained at three independent members and two Councillors.
Legal
Section 105 (2) of the Local Government Act 2009 and section 210 (1) of the Local Government Regulation 2012 are relevant to the appointment recommended in this report.
Policy
The recommendations presented in this report are consistent with the resolution of Council of 24 February 2022 and the Audit Committee Charter endorsed by Council 20 February 2020.
Risk
There are no discernible significant risks to Council in proceeding to consider the recommendation in this report.
Previous Council Resolution
Ordinary Meeting – 28 July 2022 (OM22/57)
That Council:
(a) receive and note the report titled “Appointment of Independent Audit Committee Member”
(b) approve the appointment of the additional independent Audit Committee member, as discussed in confidential session, for a term of three years from and including 1 August 2022 and concluding on 31 July 2025 and
(c) authorise the Chief Executive Officer to publicly release the name of the person appointed as the additional member of the Audit Committee, should Council endorse the recommendations in this report.
Ordinary Meeting 24 February 2022 (OM22/14)
That Council:
(a) receive and note the report titled “Audit Committee Meeting 24 January 2022”
(b) endorse the Audit Committee Minutes 24 January 2022 (Appendix A)
(c) approve an amendment to the composition of the Audit Committee to increase the number of independent members to three persons and
(d) authorise the Chief Executive Officer to commence a process to recruit the additional independent member of the Audit Committee.
Ordinary Meeting 22 July 2021 (OM21/70)
That Council:
(a) receive and note the report titled “Appointment of Independent Audit Committee Chair” and
(b) appoint Mr Mitchell Petrie as the Independent Audit Committee Chair to December 2024.
Ordinary Meeting 12 November 2020 (OM20/125)
That Council:
(a) receive and note the report titled “Appointment of Independent Audit Committee Members”
(b) appoint Mr Mitchell Petrie as the Independent Audit Committee Member from January 2021 to December 2024 (4 years) and
(c) appoint Mr Patrick McCallum as the Independent Audit Committee Member from January 2021 to December 2023 (3 years).
Ordinary Meeting 28 May 2020 (OM20/52)
That Council:
(a) receive and note the report titled “Independent Audit Committee Member Transition Strategy”
(b) endorse the revised implementation timetable associated with the Independent Audit Committee Member Transition Strategy and
(c) appoint Mr Peter Dowling AM as Audit Committee Chair and Mr Len Scanlan as an Independent Audit Committee Member by extending their existing individual contracts to 30 June 202.
Related Documentation
Audit Committee Charter
Critical Dates
As the next meeting of Council’s Audit Committee is scheduled to take place in February 2024, it is preferable that Council consider this recommendation prior to that date so that the full complement of the Audit Committee membership is in place for that meeting.
Implementation
Subject to Council’s acceptance of the recommendations in this report, it is proposed that the Chief Executive Officer will:
· advise the nominee of their appointment to the Audit Committee and
· publicly release details relating to the appointment.
Petitions only eligible for submission if:
* Legible
* Have purpose of the petition on top of each page
* Contain at least 10 signatures
* Motion limited to:
· Petition received and referred to a future meeting
· Petition received and referred to the Chief Executive Officer for report and consideration of recommendation
The next Ordinary Meeting will be held on 15 February 2024.