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                       AGENDA


             General
         Committee Meeting


                Monday, 17 May 2021

                   commencing at 10am
         Council Chambers, 9 Pelican Street, Tewantin



Committee:   Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
             Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener



                    “Noosa Shire – different by nature”
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Full text of the other 45 sections

Section 2

GENERAL COMMITTEE MEETING AGENDA                                  17 MAY 2021


TABLE OF CONTENTS

ITEM                                                                   PAGE

1      ATTENDANCE & APOLOGIES                                              3

2      CONFIRMATION OF MINUTES                                             3

3      PRESENTATIONS                                                       3

4      DEPUTATIONS                                                         3

5      ITEMS REFERRED FROM COMMITTEES                                      3

       1   MCU20/0106 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR
           MATERIAL CHANGE OF USE FOR A FOOD & DRINK OUTLET AT 1 ARCADIA
           ST, NOOSA HEADS                                                 3

       2   MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF THE
           SUNSHINE COAST                                                  3

6      REPORTS DIRECT TO GENERAL COMMITTEE                                 4

       3   SPS21/0017 - REQUEST TO APPLY SUPERSEDED PLANNING SCHEME -
           RECONFIGURING A LOT (1 LOT INTO 4 LOTS AND DRAINAGE RESERVE)
           AT 11C CHURCH STREET, POMONA                                    4

       4   COMMERCIAL HIGH USE PERMITS – TENDER ASSESSMENT (T000037)       13

       5   CERTIFIED AGREEMENT NEGOTIATION PROCESS                         31

       6   FINANCIAL PERFORMANCE REPORT – APRIL 2021                       33

7      CLOSED SESSION                                                46




                                                                 Page 2 of 46

Section 3

GENERAL COMMITTEE MEETING AGENDA                                                      17 MAY 2021



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the General Committee Meeting held on 12 April 2021 be received and
    confirmed.




3   PRESENTATIONS

    Nil.




4   DEPUTATIONS

    Nil.




5   ITEMS REFERRED FROM COMMITTEES



    PLANNING & ENVIRONMENT COMMITTEE

    1      MCU20/0106 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
           CHANGE OF USE FOR A FOOD & DRINK OUTLET AT 1 ARCADIA ST, NOOSA
           HEADS
           (Planning & Environment Committee Agenda, 11 May 2021, Item 2, Page 30)
           Reason for referral – significance of the issue.




    SERVICES & ORGANISATION COMMITTEE

    2      MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF THE SUNSHINE
           COAST
           (Services & Organisation Committee Agenda, 11 May 2021, Item 1, Page 4)
           Reason for referral – significance of the issue.




                                                                                     Page 3 of 46

Section 4

GENERAL COMMITTEE MEETING AGENDA                                                     17 MAY 2021


6       REPORTS DIRECT TO GENERAL COMMITTEE


3       SPS21/0017 - REQUEST TO APPLY SUPERSEDED PLANNING SCHEME -
        RECONFIGURING A LOT (1 LOT INTO 4 LOTS AND DRAINAGE RESERVE) AT 11C
        CHURCH STREET, POMONA

Author              Coordinator Planning, Patrick Murphy
                    Environment and Sustainable Development Department

Index               ECM/ Application/ SPS21/0017

Attachments         1.   Proposal Plan


 APPLICATION DETAILS
 Application No.                    SPS21/0017
 Applicant                          Pomona Developments P/L
 Request Received On                30 March 2021
 PROPERTY DETAILS
 Property Address                   11C Church Street Pomona Qld 4568
 RP Description                     Lot 4 SP 301620
 Land Area                          7,509m²
 Existing Use of Land               Vacant
 STATUTORY DETAILS
 SEQRP Designation                  Urban Footprint

 Planning Scheme                    Noosa Plan 2006               Noosa Plan 2020
 Locality                           Mary River Catchment          Pomona Local Plan Area
 Zone                               Semi-Attached Housing         Medium Density Residential
 Overlays                           Bushfire Hazard Overlay   –   Biodiversity, Waterways and
                                    Potential Impact Buffer       Wetlands Overlay – Riparian
                                                                  Buffer and Waterway
                                    Flood Hazard Overlay
                                                                  Bushfire Hazard Overlay   -
                                                                  Potential Impact Buffer
                                                                  Flood Hazard Overlay
                                                                  Landslide Hazard Overlay -
                                                                  Moderate and High Hazard
                                                                  Areas
 Assessment Type                    Code Assessable               Code Assessable


RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated
17 May 2021 regarding a Request for Superseded Planning Scheme - Reconfiguring a Lot (1 lot into
4 lots and drainage reserve) at 11C Church Street, Pomona and agree to the Request to apply the
Superseded Planning Scheme.




                                                                                    Page 4 of 46

Section 5

GENERAL COMMITTEE MEETING AGENDA                                                       17 MAY 2021


1.    PROPOSAL
The applicant seeks that the Council agree to a request to accept an application to subdivide the site
into 4 lots and drainage reserve under the superseded planning scheme (SPS), being the Noosa
Plan 2006.
Section 29(4) of the Planning Act 2016 states:
      A person may, within 1 year after the planning scheme and related policies become a
      superseded planning scheme, make a superseded planning scheme request in relation to the
      superseded planning scheme.
This application has been made within one year of the commencement of the Noosa Plan 2020, with
the Noosa Plan 2020 having commenced on 31 July 2020.
Agreement to the SPS request does not mean that the proposed subdivision is approved, as a code
assessable application is still required for the proposed subdivision under the Superseded Planning
Scheme. Assessment of the proposed subdivision would then be undertaken at the time the
development application is made.
The current application includes material which would be included in a development application
should the SPS request be accepted.
This material includes:
     Proposal plan;
     Town planning report;
     Site photographs;
     Code Assessment;
     Flood report.
The proposed lot sizes are:
Lot 4: 1,083m2
Lot 5: 1,005m2
Lot 6: 1,003m2
Lot 7: 1,551m2
Drainage reserve: 2,875m2
The drainage reserve is proposed over that part of the site which is subject to flooding.
A copy of the proposal plan and a Locality Plan are detailed below:




                                     Figure 1: Proposed lot layout

                                                                                      Page 5 of 46

Section 6

GENERAL COMMITTEE MEETING AGENDA                                                      17 MAY 2021




                                        Figure 2: Locality Plan

2.   SITE DETAILS
2.1. Background
A reconfiguration application was approved under delegation in May 2018 which reconfigured 11
Church Street from one 1.18 hectare lot into 4 lots ranging in size from 1,104m2 to 7,509m2.
The current application seeks to reconfigure the largest of these lots, being lot 4.
2.2. Site Description
The site is 7,509m2 and is located on the western side of Church Street Pomona. The site is
characterised by a slope, of approximately 10 degrees, which extends in a south-easterly direction
from the north-western corner towards a waterway which dissects the centre of the site. A second
waterway is located in the north-eastern corner of the site whilst a further waterway extends south
from the centrally located waterway.
The central waterway contains scattered vegetation whilst further vegetation is located in the north-
eastern corner of the site.
The following image of the site includes the location of the waterways (shown in blue) and the
contours:




                                                                                     Page 6 of 46

Section 7

GENERAL COMMITTEE MEETING AGENDA                                                      17 MAY 2021




                                     Figure 3: Site characteristics


2.3. Surrounding Land Uses
Detached dwellings are located to the north, south and east of the site.
3.   ASSESSMENT
3.1. Superseded Planning Scheme Request
Under the Planning Act 2016 a person may within 1 year after commencement of the Noosa Plan
2020, make a SPS request.
A SPS request is a written request to Council:
      To accept, assess and decide a development application under a superseded planning
       scheme; or
      To apply a superseded planning scheme to a development that was accepted development
       (no approval required).
Under the Planning Regulation 2017, Council must decide whether or not to agree to a SPS request
within 30 business days after the request is received, which may be extended where the applicant
agrees in writing before the period ends. If no decision is made by Council within the required time
frame, the Council is taken to have agreed to the SPS request.
If the Council decides to agree or is taken to have agreed to the request, the superseded planning
application must be made within 6 months to Council or where the proposal is accepted development
under the SPS commence the use within 6 years of the Decision Notice being given.
3.2. Planning Schemes
The site is located in the Mary River Catchment Locality and is zoned Semi-Attached Housing under
the SPS. Under the SPS reconfiguration of a lot requires a code assessable development
application.
The subject site is also identified by the SPS’s Bushfire Hazard Overlay and Flood Hazard Overlay.
An application to reconfigure the lot would be required to address the requirements associated with
these overlays and the Engineering Works Codes, including the Water Sensitive Design Code.
Notably the proposal does not trigger the Biodiversity Overlay Code.

                                                                                    Page 7 of 46

Section 8

GENERAL COMMITTEE MEETING AGENDA                                                   17 MAY 2021


In comparison under The Noosa Plan 2020, the site is zoned Medium Density Residential, which is
the equivalent of the Semi-Attached Housing zone under the SPS. An application to reconfigure the
land would also be code assessable. Under the Noosa Plan 2020 the site is mapped by the
Biodiversity, Waterways and Wetlands Overlay (Riparian Buffer and Waterway), Bushfire Hazard
Overlay (Potential Impact Buffer), Flood Hazard Overlay and Landslide Hazard Overlay (Moderate
and High Hazard Areas).
The following image details the zoning of the site and surrounding area under both the superseded
and Noosa Plan 2020.




                              Figure 4 – Land Zoning (Noosa Plan 2006)




                              Figure 5 – Land Zoning (Noosa Plan 2020)

The primary differences between the superseded and the current planning schemes is that the
Biodiversity Overlay and Landslide Hazard Overlay now apply to the site.
Acceptable Outcomes AO6.1 and AO6.2 2 of the Noosa Plan 2020 Biodiversity, Waterways and
Wetlands Overlay Code seek that:



                                                                                  Page 8 of 46

Section 9

GENERAL COMMITTEE MEETING AGENDA                                                           17 MAY 2021


AO6.1
Development and clearing of vegetation does not occur within:
      a. a riparian buffer area;
      b. a wetland area; or
      c. 10 metres either side of the centre line of other waterways identified on a Biodiversity,
           Waterways and Wetlands Overlay Map.
AO6.2
Development provides for the rehabilitation of land within:
      a. a riparian buffer area;
      b. a wetland area; and
      c. 10 metres either side of the centre line of any other waterway identified on a Biodiversity,
           Waterways and Wetlands Overlay Map.
The following images detail the mapped waterway and the proposed development in this area. The
images identify that the proposed development is generally located outside the mapped riparian
buffer area, with the riparian buffer area to be included as drainage reserve and therefore does not
overtly offend the Noosa Plan 2020 as the waterway’s function is largely maintained.




                  Figure 6 – Mapped waterways (Noosa Plan 2020) and proposed lot layout



However under The Noosa Plan 2020, this area would be required to be rehabilitated to a level and
extent that would not typically be required under the SPS for a drainage reserve.
The Noosa Plan 2020 also seeks that no development occur within 10 metres of a waterway and
that 10 metres either side of a waterway is rehabilitated. Compliance with this requirement has the
potential to impact on lot 4 and the proposed lot layout. However preliminary review indicates that
the waterway is in a deteriorated state and contains sewerage infrastructure and so may have limited
impact on the number of lots able to be achieved.
Furthermore Acceptable Outcome AO8.1 the Biodiversity, Waterways and Wetlands Overlay code,
seeks that no new lots directly back onto a riparian buffer area and for new public roads to be located
between a riparian buffer area and the proposed development area. Whilst the proposed layout
includes a lot which abuts the riparian buffer it is unlikely to be reasonable to provide a public road
for the full length of this riparian buffer.
The requirements of the Landslide Hazard Overlay would have little impact on the proposed lot yield.


                                                                                          Page 9 of 46

Section 10

GENERAL COMMITTEE MEETING AGENDA                                                           17 MAY 2021


3.3. Potential for Compensation
Under the Planning Act 2016 a person who was the owner of the premise when The Noosa Plan
2020 commenced (referred to in the Act as an affected owner), may make a claim for compensation
where:
     the planning scheme change reduces the value of an interest in premises (referred to in the
      Act as an adverse planning change);
     The request to apply the superseded planning scheme is refused;
     Where the development is assessable under the Superseded Planning Scheme, the
      application is made and refused, approved with conditions or approved in part or
     Where the adverse change is a public purpose change.
However, pursuant to s30(4) of the Act an adverse planning change does not include a planning
change that:
(a)   has the same effect as another statutory instrument, other than a TLPI, for which compensation
      is not payable; or
(b)   is made to comply with the regulated requirements; or
(c)   includes infrastructure in a planning scheme, or removes or changes the infrastructure shown
      in a planning scheme, including under a designation; or
(d)   is about matters included in a LGIP; or
(e)   is made—
      (i) to reduce a material risk of serious harm to persons or property on the premises from natural
          events or processes (bush fires, coastal erosion, flooding or landslides, for example); and
      (ii) under a provision of the Minister’s rules that applies specifically to the making of a planning
           change to reduce the risk; or
(f)   is about the relationships between, the location of, or the physical characteristics of, buildings,
      works or lots, if the yield achievable is not substantially different from the yield achievable
      before the change; or
(g)   is made under section 276(1)(c) to identify all or part of a local government area as a party
      house restriction area
Notably for (f) above, the yield achievable is not substantially different from the yield achievable
before the change, in relation to building work for a residential building, if the gross floor area of the
residential building - (a) is not more than 2,000m2; and (b) is reduced by not more than 15%.
The applicant maintains that the changes are adverse planning changes which have reduced the
value of an interest in the premises and that refusal to apply the SPS to a development application
may trigger claims for compensation. Whilst it is acknowledged that the new planning scheme does
raise some additional considerations, it is likely that a similar lot yield is able to be achieved under
both the SPS and the Noosa Plan 2020. However, the requirement to rehabilitate the riparian buffer
is an enhanced requirement which would add increased costs and responsibilities when developing
the site under the Noosa Plan 2020.
In any event it is important to note that the proposed development would require modification in order
to satisfactorily address the site constraints and the requirements of the superseded planning
scheme, including a widening of the access way and provision for car parking.
The current owner is an affected owner and in the circumstances the owner may reasonably apply
for compensation if the request is refused.




                                                                                        Page 10 of 46

Section 11

GENERAL COMMITTEE MEETING AGENDA                                                            17 MAY 2021


4.    CONSULTATION
4.1. Other Referrals
Not applicable

5.    CONCLUSION & REASONS FOR DECISION
It is concluded that the Noosa Plan 2020 does introduce some additional considerations for
development of the site, and while these changes may have limited impact on the lot yield likely to
be achieved, assessment under The Noosa Plan 2020 is likely to result in additional conditions being
imposed that may lead to increased costs for the applicant. Subdivision of the site under the
superseded planning scheme for the site is also expected to achieve a reasonable development
outcome for the site, consistent with surrounding development and for this reason it is recommended
that the request to accept an application under the Superseded Planning Scheme be agreed to.
It is noted that the owner may reasonably apply for compensation if the request is refused.
Departments/Sections Consulted:
     Chief Executive Officer          Community Services                      Corporate Services
     Executive Officer                Community Development                   Financial Services
     Executive Support                Community Facilities                    ICT
                                      Libraries & Galleries                   Procurement & Fleet
                                      Local Laws                              Property
                                      Waste & Environmental Health            Revenue Services

     Executive Services           x   Environment & Sustainable Development   Infrastructure Services
     Community Engagement             Building & Plumbing Services            Asset Management
     Customer Service             x   Development Assessment                  Buildings and Facilities
     Governance                       Economic Development                    Civil Operations
     People and Culture               Environmental Services                  Disaster Management
                                      Strategic Land Use Planning             Infrastructure Planning,
                                                                              Design and Delivery




                                                                                         Page 11 of 46

Section 12

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021


                                                   Attachment 1




                                   Page 12 of 46

GENERAL COMMITTEE MEETING AGENDA                                                                            17 MAY 2021

                                                                                                                                                                                 Attachment 1
                 RP862439            RP71186          RP71186          RP71186           RP71186          RP71186
   ;                                                                                                                                                 MAX WATTERSON
   £                               5       8                                                                                                           + ASSOCIATES
                               G               y                  =           2                    76.08               4                              CONSULTING SURVEYORS
                                                                        SS tS     45                 ae                    ol                              & PLANNERS
                                             8                                                                 QY                           N         Se    an
                                                                                 ot          a                                                        12 Maple Street
    —_—_— denotes 1% AEP level               N                 Cl                                   4                       9                        Fo (ON 0S
                               SS                             0                  ;                       2                   7
                                                                                                   083m
                                                                                 E |                  sete                                           cress POMONA
                            A                         .                  J         '                                  ~                                  PTY LTD.
                                              S                                                        p18   —=—3                                        DEVELOPMENTS
                           ros             6                                   ot  4  Access                           b
                                                                           st | Oo        °        44.                                              Proless
                                         1003                        ao ¢     po             jrentoretondon Boh                                      PLAN OF PROPOSED
                                                                  7           3                                           to                         RECONFIGURATION
                            “4                                   4            7      —                                 i)          Lu                OF LOT 4 ON
                           9                                       SS   L-                                                        LU                 SP301620.
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                1                                             J
            RP66341       94-4"                           &   /                                                       2
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                                                    Mo                      p                         %89                          x                 LOCALITY: POMONA
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                                          ps 8.45                        7
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                                              ‘4 y                                                                                                   Dimenskons and areas shown vecwon are
                            06 9                                                                                            6                        Emt H on SP301620 to be surendured, :
                                                                                                                                                     approximate only and subject to final survey,
                           L623              :       3                                  <I                                                                                       ®
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                                                                                                                                                                               i
                                                                                                         Page 12 of 46

Section 13

GENERAL COMMITTEE MEETING AGENDA                                                           17 MAY 2021


4    COMMERCIAL HIGH USE PERMITS – TENDER ASSESSMENT (T000037)

Author            Property Advisor, Denis Wallace
                  Corporate Services Department

Index             ECM/ 34.61 Commercial Use of Community Land/46.16 Use of State
                  Land/Tender/T000037

Attachments       1.    Tender Evaluation Summary Sheet – Surf Lessons Access 14
                  2.    Tender Evaluation Summary Sheet – Surf Lessons Access 11
                  3.    Tender Evaluation Summary Sheet – Beach Equip Hire Main Beach
                  4.    Tender Evaluation Summary Sheet – Beach Equip Hire Main Bch West
                  5.    Tender Evaluation Summary Sheet – Refreshment Van First Point
                  6.    Tender Evaluation Summary Sheet – Refreshment Van Noosa Spit
                  7.    Tender Evaluation Summary Sheet – Beach Massage
                  8.    Tender Evaluation Summary Sheet – Surf Dancing
                  9.    Tender Evaluation Summary Sheet – Kitesurfing Lessons
                  10.   Probity Advisor Report


EXECUTIVE SUMMARY
Following Council’s resolution at its February 2021 Ordinary Meeting, tenders were invited from
businesses wishing to apply for Commercial High Use Permits on community land for a range of
prescribed commercial activities focused around Noosa Main Beach. Respondents were invited to
submit tenders via VendorPanel, with submissions closing on 6 April 2021. Council engaged Preston
Law as the independent probity advisor to support and monitor the tender process.
Of the ten permits tendered, the assessment panel recommends eight permits be offered to existing
permit holders and one permit be offered to a new permittee. No submissions were received for one
permit and it is recommended that activity be discontinued.
It is further recommended a future report be considered to update Council’s Commercial Use of
Community Land Policy to reflect the outcomes of the tender process.

RECOMMENDATION
That Council note the report by the Property Advisor to the General Committee Meeting dated 17
May 2021 regarding the Commercial High Use Permits tender assessment and:
A.   Issue five year Commercial High Use permits commencing 1 July 2021 to the following eight
     recommended Permittees:
        Activity                                          Recommended Permittees
        Learn to Surf Noosa Main Beach (West) 1           Surf Skills Pty Ltd t/as Noosa Learn to Surf (No
                                                          change)
        Learn to Surf Noosa Main Beach (West) 2           Go Ride A Wave Pty Ltd t/as Noosa Surf
                                                          Lessons and Go Ride A Wave (No change)
        Beach Equipment Hire – Main Beach                 Dorajar Pty Ltd t/as Noosa Beach Surf Hire
                                                          (No change)
        Beach Equipment Hire – Rock Wall (Middle          Go Ride A Wave Pty Ltd t/as Noosa Surf
        Groyne)                                           Lessons and Go Ride A Wave Pty Ltd (No
                                                          change)
        Snacks and Drinks Refreshment Van – First Point   Noosa Frenzy Ice Cream (No change)
        Snacks and Drinks Refreshment Van - Noosa Spit    Kiwi Fish Pty Ltd (New permittee)
        Beach Massage – Noosa Main Beach                  Amanda Obara (No change)


                                                                                         Page 13 of 46

Section 14

GENERAL COMMITTEE MEETING AGENDA                                                         17 MAY 2021


         Activity                                       Recommended Permittees
         Surf Dancing – Noosa Main Beach (West -        Surfdancer Pty Ltd t/as Surfdancer (No
         between rockwalls)                             change)
         Kite Surfing Lessons – Noosa River Mouth &     Tarr’s Enterprises Pty Ltd t/as Adventure
         other locations                                Sports Kitesurf Australia (No change)

B.      Agree to discontinue the permit activity for kayak tours and hire from Noosa Main Beach West
        due to lack of interest.
C.      Request the CEO to bring forward a report addressing amendment of Council’s existing
        Commercial Use of Community Land Policy to reflect the outcomes of the tender process,
        including the change to five year terms and the agreed permit activities.


REPORT
1. Purpose
The purpose of this report is to seek Council endorsement to issue new five year Commercial High
Use permits to conduct approved commercial activities on Council controlled land commencing 1
July 2021.
2. Background
Council allows limited commercial use of public land under its control in accordance with its
Commercial Use of Community Land Policy. Existing Commercial High Use permits are focussed
around the Noosa Main Beach precinct and are due to expire on 30 June 2021 (with the exception
of one iconic lifetime permit held by Hey Bill). Council resolved to proceed to tender for new permits
at its Ordinary Meeting in February 2021.
3. Tender Process
Council prepared and called for public tenders in accordance with the Local Government Act 2009.
The tender was released via VendorPanel on 3 March 2021, and advertised in Noosa Today on 5
March 2021, with the tender period closing on 6 April 2021. Respondents could submit for multiple
permits but the tender provisions noted a maximum of two permits would be awarded to any one
party. The tender material was accessed by 94 parties through the portal.
4. Tender Assessment
The tender evaluation panel undertook an assessment of nineteen (19) conforming tender
submissions received from fourteen (14) businesses (detailed in Table 1 below). Two additional
submissions were received and assessed as non-conforming and were not considered.
The conforming tenders were evaluated using the following criteria and weightings:
    Evaluation Criteria                                  Weighting
    Track Record and Past Experience                      50%
    Current and Future Capital Investment                 15%
    Activity Management Plan                              15%
    Environment and Sustainability Initiatives             5%
    Contribution to Local Community and Economy           15%
To support and monitor the tender process, Preston Law were commissioned as independent probity
advisors. Refer Attachment 10 – Probity Advisor Report.
Table 1 below summarises the results of the assessment and identifies:
     The permit activities offered;
     The respondents for each activity;
     The current permit holder (CPH); and
     The evaluation panel’s recommendation for the new permittees for 5 year permits commencing
      from 1 July 2021.

                                                                                      Page 14 of 46

Section 15

GENERAL COMMITTEE MEETING AGENDA                                                                17 MAY 2021


Table 1 – Tender Assessment Outcomes
 Permit   Activity                Respondents                             Recommended Permittee
  No.
   1      Learn to Surf Noosa     1. Australian Surf Tours                Surf Skills Pty Ltd t/as Noosa
          Main Beach 1            2. Go Ride A Wave Pty Ltd               Learn to Surf
          (50m west of Beach      3. Surf Skills Pty Ltd t/as Noosa       (No change)
          Access 14)                  Learn to Surf (CPH)
   2      Learn to Surf Noosa     1. Australian Surf Tours                Go Ride A Wave Pty Ltd t/as
          Main Beach 2            2. Go Ride A Wave Pty Ltd t/as          Noosa Surf Lessons and Go Ride
          (Beach Access 11            Noosa Surf Lessons and Go           A Wave
          and extending 50m           Ride A Wave (CPH)                   (No change)
          east)                   3. Noosa Surfing Academy
   3      Kayak Hire and          No respondents                          Permit activity be discontinued.
          Tours – Noosa Main
          Beach West
          (between rock walls)
   4      Beach Equipment         1. Australian Surf Tours                Dorajar Pty Ltd t/as Noosa Beach
          Hire – Noosa Main       2. Boardwalk Boat Hire                  Surf Hire
          Beach                   3. Dorajar Pty Ltd t/as Noosa           (No change)
                                     Beach Surf Hire (CPH)
                                  4. Go Ride A Wave Pty Ltd
   5      Beach Equipment         1. Australian Surf Tours                Go Ride A Wave Pty Ltd t/as
          Hire – Noosa Main       2. Go Ride A Wave Pty Ltd t/as          Noosa Surf Lessons and Go Ride
          Beach West                 Noosa Surf Lessons and Go            A Wave (No Change)
          (rock wall)                Ride A Wave (CPH)
                                  3. Surf Skills Pty Ltd t/as Merrick’s
                                     Beach Hire
   6      Snacks and Drinks       1. Noosa Frenzy Ice Cream               Noosa Frenzy Ice Cream
          Refreshment Van            (CPH)                                (No Change)
          First Point             2. Tacoroo
   7      Snacks and Drinks       1. Kiosk Café                           Kiwi Fish Pty Ltd
          Refreshment Noosa       2. Kiwi Fish Pty Ltd                    (Change)
          Spit
          NB. Current Permit Holder elected not to submit and advised he is retiring.
   8      Beach massage –         1. Amanda Obara                         Amanda Obara
          Noosa Main Beach                                                (No Change)
   9      Surf Dancing –          1. Surfdancer Pty Ltd t/as              Surfdancer Pty Ltd t/as
          Noosa Main Beach        Surfdancer (CPH)                        Surfdancer
          West (between rock                                              (No change)
          walls)
   10     Kite Surfing Lessons    1. Tarr’s Enterprises Pty Ltd t/as      Tarr’s Enterprises Pty Ltd t/as
          – Noosa River Mouth     Adventure Sports Kitesurf Australia     Adventure Sports Kitesurf
          & open beaches          (CPH)                                   Australia
                                                                          (No change)
The evaluation panel recommendations reflect the assessment of each submission against the
evaluation criteria adopted by Council. The panel’s summary evaluation spreadsheets for each
activity are included as Attachments 1 – 9.
Permit Recommendation Details
Learn to Surf Noosa Main Beach West 1
Council received three submissions for this activity.
Surf Skills Pty Ltd (trading as Noosa Learn to Surf) is the existing permit holder and has operated
surf lessons for 26 years on Noosa Main Beach. The respondent provided a very thorough, well
written submission that fully addressed the assessable criteria. The submission demonstrated an
excellent track record, very high levels of capital investment, planning for future investment and all
aspects of its business operations. The respondent’s contribution to the local economy and

                                                                                              Page 15 of 46

Section 16

GENERAL COMMITTEE MEETING AGENDA                                                          17 MAY 2021


community was also of a very high standard. The respondent has provided a professional service
to the community over the permit term and there have been no significant compliance issues
regarding the permit holder’s performance over the previous permit term.
Learn to Surf Noosa Main Beach West 2
Council received three submissions for this activity.
Go Ride a Wave Pty Ltd (trading as Noosa Surf Lessons and Go Ride a Wave) is the existing permit
holder and has conducted surf lessons for approximately 15 years on Noosa Main Beach West, on
the Gold Coast since 2004 and Victoria since 1987. The respondent provided a thorough submission
which fully addressed the assessable criteria. The respondent demonstrated an extensive track
record and high levels of capital investment. The respondent’s contribution to the local community,
the local economy and the number of relevant industry affiliations was also of a high standard. The
respondent has provided a professional service to the community over the permit term and there
have been no significant compliance issues regarding the permit holder’s performance over the
previous permit term.
Kayak Hire and Tours –Noosa Main Beach West
Council received no submissions for this activity.
Noosa Ocean Kayak Tours and Hire is the existing permit holder and, whilst the company tendered
submissions for other permit activities, it chose not to tender for this activity. Council staff noted in
the February report there had been a low level of activity under this permit. Notably, the submissions
made by the recommended permittees for the beach hire businesses include provision of 12+ kayaks
available for hire. Permittees will also have the option to provide more kayaks in future should
demand increase. Given the lack of submissions for this permit it is recommended the permit be
discontinued.
Beach Equipment Hire – Main Beach
Council received four submissions for his activity.
Noosa Beach Surf Hire is the existing permit holder and has operated beach hire activities on Manly
Beach since 1992 and Bondi Beach since 2009. The respondent provided a thorough, well written
submission that fully addressed the assessable criteria. The respondent demonstrated an extensive
track record in the industry and appropriate levels of capital investment. The respondent’s
contribution to the local community, the local economy and the number of relevant industry affiliations
were also of a very high standard. The respondent has provided a professional service to the
community over the permit term and there have been no significant compliance issues regarding the
permit holder’s performance over the previous permit term.
Beach Equipment Hire –Noosa Main Beach West
Council received three submissions for this activity.
Go Ride a Wave Pty Ltd (trading as Noosa Surf Lessons and Go Ride a Wave) is the current permit
holder, having been awarded the permit in 2017. Its submission demonstrated an extensive industry
track record and very high levels of capital investment. The respondent’s contribution to the local
economy and community and industry affiliations was also of a high standard. The respondent has
provided a professional service to the community over the permit term and there have been no
significant compliance issues regarding the permit holder’s performance over the previous permit
term.
Snacks and Drinks Refreshment Van – First Point
Council received two submissions for his activity.
Noosa Frenzy Ice Cream is the existing permit holder and has operated the refreshment van at First
Point for 27 years. Its submission was of a very high standard and demonstrated an excellent track
record and understanding of the activity’s needs, which fully addressed the assessable criteria. The
business has provided a professional service to the community over the previous permit term and

                                                                                       Page 16 of 46

Section 17

GENERAL COMMITTEE MEETING AGENDA                                                        17 MAY 2021


there have been no significant compliance issues regarding the permit holder’s performance over
the term.
Snacks and Drinks Refreshment Van – Noosa Spit
Council received two submissions for this activity.
Kiwi Fish Pty Ltd’s submission demonstrated relevant experience and capacity to undertake the
activity, showed a higher level of business planning and professionalism and greater level of detail
in relation to the proposed new refreshment van and offerings. The business has successfully
operated an existing retail store for eleven years in Hastings Street and demonstrated strong
business acumen and understanding of the needs of the activity. The assessment panel
recommends Kiwi Fish Pty Ltd be offered the new permit for the Noosa Spit Refreshment Van.
Surf Dancing – Noosa Main Beach West
Council received one submission for this activity from the existing permit holder Surfdancer Pty Ltd.
The respondent demonstrated a high level of understanding, planning and competence across the
assessment criteria and is recommended to be offered a new permit. The business has provided a
professional service to the community over the previous permit term and there have been no
significant compliance issues regarding the permit holder’s performance over the term.
Beach Massage – Noosa Main Beach
Council received one submission for this activity from the existing permit holder, Amanda Obara,
who was first awarded the permit in 2017.
The assessment panel noted the incumbent has been observed to deliver an improved look and feel,
professionalism and level of service for this permit activity over the previous term. There have been
no significant compliance issues regarding the permit holder’s performance. The submission
demonstrated a high level of experience, organisation and professionalism as the existing operator
and is recommended to be offered a further permit.
Kite Surfing Lessons – Noosa River Mouth
Council received one submission for this activity from the existing permit holder, Tarr’s Enterprises
Pty Ltd (trading as Adventure Sports Kitesurf Australia).
The respondent demonstrated a high level of knowledge, planning and competence across the
assessable criteria and is recommended to be offered a further permit. The business has provided
a professional service to the community over the previous permit term and there have been no
significant compliance issues regarding the permit holder’s performance over the term.

5. Consequential Amendments to Council Policy
As previously acknowledged, the new Commercial High Use Permits are now offered for 5 year
terms and this is a variation to Council’s existing policy, which includes the previous permit terms of
3 years. Given the change, it is recommended a future report to Council be considered by detailing
an amended policy. As part of these amendments it is also recommended Council consider listing
the agreed permit activities policy to provide greater certainty and transparency for the community.
Previous Council Consideration
Ordinary Meeting, 18 February 2021, Item 7, Page 12
That Council note the report by the Property Advisor to the Services & Organisation Committee
Meeting dated 9 February 2021 regarding Commercial High Use Permits and agree to proceed to a
public tender process for new permits based on the proposed permits, fees, terms and assessment
criteria detailed in the report.
Finance
Permit fees proposed as part of the 2021/22 budget will seek to fund permit administration costs
throughout the term and achieve a fair return for the community.

                                                                                      Page 17 of 46

Section 18

GENERAL COMMITTEE MEETING AGENDA                                                            17 MAY 2021


Risks & Opportunities
The Permits are considered a high profile component of Council’s land management activity as:
   There is a high level of competition between submitters; and
   The activity locations are highly desirable community land that are well patronised by tourists
    and locals
This report and the tender process undertaken seek to address the risks associated with the
transparency and rigour of the permit process, in line with Council’s regulatory requirements and to
avoid complaints from aggrieved competitors. The report further recommends future amendments
to Council’s associated policy be considered to reflect the outcomes of the tender process and
provide greater transparency for the community.
Consultation
External Consultation - Community & Stakeholder
Probity Consultant – Preston Law

Internal Consultation
Procurement Manager
Procurement Advisor
Property Manager
Property Officer

Departments/Sections Consulted:

    Chief Executive Officer       Community Services                      X   Corporate Services
    Executive Support             Director                                x   Director
                                  Community Development                       Financial Services
                                  Community Facilities                        Fleet
                                  Libraries & Galleries                       ICT
                                  Local Laws                              x   Procurement
                                  Waste & Environmental Health            x   Property
                                                                              Revenue Services

    Executive Services            Environment & Sustainable Development       Infrastructure Services
    Director                      Director                                    Director
    Community Engagement          Building & Plumbing Services                Asset Management
    Customer Service              Development Assessment                      Buildings and Facilities
    Governance                    Economic Development                        Civil Operations
    People and Culture            Environmental Services                      Disaster Management
                                  Strategic Land Use Planning                 Infrastructure Planning,
                                                                              Design and Delivery




                                                                                         Page 18 of 46

Section 19

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 19 of 46

GENERAL COMMITTEE MEETING AGENDA                   17 MAY 2021

                                 Final Evaluation                   ATTACHMENT 1
      NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

      NAME OF TENDERER
      (Conforming Tenders Only)
    1
    2                               LEARN TO SURE - NOOSA MAIN BEACH
    3
     5                              ~ 90 METRES WEST OF BEACH ACCESS 14
    s
                                1       2        3       4       5
| eaittonerincteme, | trratnsrrown | Og | Mosleamesen | |_|
           PART A- Non elements Australian Surf Tours Ltd =
                                         Resultant       Resultant Resukant
     a ee
                                 xweighting =    x weighting a    —
    foateoawarectowine | ame | = [ ve | [ ww |» | om | | om | o | om |
   frites | ae | © | om | [am | = [om | © | ow |e | om
    fsvariimementm | wf | ae | [aw [ex [em |» [om | o | om |
     fnomnnainomanvie |  | | em | [ om |» | ow | © [ ow | o | om |
    fiiwiatnn      |   we | os | ee |  | ww [os | aw | © | ow |e | om
       womens       | tome |    ce     ces | stan] amo      |   om
                                                     a

     The Contract Administrator confirms the above scores and

                                                   Page 19 of 46

Section 20

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 20 of 46

GENERAL COMMITTEE MEETING AGENDA                    17 MAY 2021

                                   Final Evaluation                     ATTACHMENT 2
      NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

     NAME OF TENDERER
     (Conforming Tenders Only)
    1
    2                                 LEARN TO SURF - NOOSA MAIN BEACH
    3
    a                                      ~ BEACH ACCESS 14 -
    SS
                                  1        2        3       4        5
     |      Pata tonarienatements | Ata Sf Tours | SOM? | ceemeyied | |
     femme | teetet | oe Pe]              | ce | ee] ee] = |e
                                           Resultant         Resultant Resukant
                                   xweighting ae    x weighting ee      ee
    faaneoewarnemne | om | = | me |» | om | @ | mm | o | om | 0 | oo
     fantom          | oe | [um |s fuss [as |e [em] | em
    femronenewnn    |   se | ms | om | os fom [es [ew] [em |       | om |
    amass           |» fw fm |» fom |= || fem] [oo
     conainasontotecattconemy | asm | ccas | se | mo | sz | ss | x2 | 0 | am | © | om |
        messes       |   ome Test        evts | me      |  om]      ome
                                                        se

     The Contract Administrator confirms the above scores and

                                                   Page 20 of 46

Section 21

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 21 of 46

GENERAL COMMITTEE MEETING AGENDA                    17 MAY 2021

                                   Final Evaluation                      ATTACHMENT 3

     NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

     NAME OF TENDERER
     (Conforming Tenders Only)
    1
    2
    3                                BEACH EQUIPMENT HIRE - NOOSA MAIN BEACH
    4
    LS

                                  1        2        3        4       5

     eee
                                           Resultant         Resultant Resuant
                                   x weighting =    x weighting a      ==
    fnatenwarncmne | om | » | sm | @ | om | = | om |» [oo] 0 | om
   fmmatanconmemen | os |        [eet fem |e [us| ms [uo            | om
    former           |  we  fos fom [emf um [as [ow [ws | um] o | om
      nomenon |         =   | = fom |» foe |» {oe |» fom] «| om
    foam             | oe | s [es |      fae fes[ an |» [am] | om
       wctscore     | tome |e         | ies |     es |     tse |   ome  tl

     The Contract Administrator confirms the above scores and \

                                                   Page 21 of 46

Section 22

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 22 of 46

GENERAL COMMITTEE MEETING AGENDA                     17 MAY 2021

                                  Final Evaluation                      ATTACHMENT 4

     NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

     NAME OF TENDERER
     (Conforming Tenders Only)
   1
   2
   3                              BEACH EQUIPMENT HIRE - NOOSA MAIN BEACH WEST
   Bf
   St
                                 1        2        3        4       5
                                      Go Ride A Wave Pty | Surf Skills Pty Ltd t/as
    |     PTA Nomicnstemenms, | Aucroson snp Tones | T° ay | neeritsoemcnte | |
    poe               mem    | = fee   = [Se]     fee    = [Sel = [Se
                                           Resultant        Resultant Resukant
    fnateowonree | om | » | sm | = | om | © | wm | « [om] 0 | oo
    coomaatan cris |    oe |» [we | ms [ue |      |e | > [em] [ow
   faarienemenrm   |    ss  pes fom [ws] um | as [om |e [om] [ow
         nines | = | = fas |» fom |= |                |e [em] [ow
    emameiacemy     |      |= [es |= fem| =| oe|           fem] | om
       mimetics fmm            we | ic        | le fm |e
                                                        es

    The Contract Administrator confirms the above scores and

                                                   Page 22 of 46

Section 23

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 23 of 46

GENERAL COMMITTEE MEETING AGENDA           17 MAY 2021

                             Final Evaluation               ATTACHMENT 5
    NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

    NAME OF TENDERER
    (Conforming Tenders Only)
   1 ———                       Sek aN RIS REFRESHMENT VA
    5                             ~ FIRST POINT CARPARK -
   i
    [ata irre                     em   dd
                            1      2       3      4      5
    pcm         | tenet | me       | | ee]           | |
                                    Resultant     Resultant Resukant
    natant      | om | = | oe | @ | mm | o | om | © [om | o | om
      eaten      | os |e |am|«s|em|e|en| een] ||
    Acs Managemensman | sme | seas | ee | ees | oss | 0 | om | © | ow | 0 | om |
     momma       |  om fs fs |e fem |e fom |e fen] «| om
    foumanwnwemy | os fasfan| » | |e |ew] elem] ||
    ecatecmecsisore |e      es |   es  mm] lm
                                          ee       ee

    The Contract Administrator confirms the above scores and Sal
                                          Page 23 of 46

Section 24

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 24 of 46

GENERAL COMMITTEE MEETING AGENDA        17 MAY 2021

                          Final Evaluation            ATTACHMENT 6
   NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

   NAME OF TENDERER
   (Conforming Tenders Only)
  1
  2                         SHACKS AND DRINKS REFRESHMENT VAN
   PO
  =:                           ~ NOOSA SPIT CARPARK -
  Sf
   [ata ime fe |
                         1      2     3      4     5
    mone        mem | = fet = [S| = Pee] = [|
                                Resultant    Resultant Resukant
   fmamenensraremene | om | © | mm | = | me | o | om | © [om | o | om
 feeatanecoimemn | oe | [os = paste |e |e |em| | |
  famnenennn  | ee f as [aw [as fae | eo |ew |e [om] | |
 mmm | = |= fast |                 [een [ elem] ||
   omanwewemy | oe | = [asfesfon|ef[ew| fem] ||
     wees         me    rs  | lew Tm      mm
                                   ee

   The Contract Administrator confirms the above scores and

                                       Page 24 of 46

Section 25

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 25 of 46

GENERAL COMMITTEE MEETING AGENDA      17 MAY 2021

                        Final Evaluation           ATTACHMENT 7
   NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

  =
   {Conforming Tenders Only)
  1
 ===
  a
  A
                        1     2     3      4     5
   a
     oe       |  me | = fee = [S| = Pee] = [Sel =
   fnatcatonrnowwne | om |» | | © | om | o | em | o [am | © | om
   faenaranecrimen | se [ms [ue |e [em |e [om | [ew] | om
   Aciinytanagemensrien | se | om | zm | io | oom | o | om | © | ow | o | om |
      awsome | = | = |    || om |e |e |e |em| | om
   continwsontotecttconemy | asx | oo | asso | 0 | oo | o | om | © | ow | o | om |
  focateccatscre | tow | es | om | om  | om] tm
                          po

                                     Page 25 of 46

Section 26

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 26 of 46

GENERAL COMMITTEE MEETING AGENDA       17 MAY 2021

                           Final Evaluation            ATTACHMENT 8
      NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

    =a
      {Conforming Tenders Only)
     1
     : —<—<—<—<—<—<—
     Bf
     Se
                           1     2      3     4     5
[ata tenetinstomeens   | Suttons | OTC
     eencm      | meme | ome mee] oe | ce | om eee] = [| = |
      rackRecordandPasttxpesence | sow |__| aso | 0 | om | 0 | om | © | om | o | oo |
     faaataonomimnen | os [esta |e fem [eo] |=] |e |
     famenewnn   | ss fas | as |e fem |e [om |e [em] [om
      oom        | = [© ||      fen] oom | [em] |
     forenneitoom |    fes|aw{ [om [olen] fem] + |
     fecitecmicstscore || tow] to | om | om | mlm
                              ee

                                        Page 26 of 46

Section 27

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 27 of 46

GENERAL COMMITTEE MEETING AGENDA                     17 MAY 2021

                                  Final Evaluation                     ATTACHMENT 9

     NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation

    NAME OF TENDERER
    (Conforming Tenders Only)
   1
   2
    —_——
   CS
   A

                                 1        2       3        4       5
                              Adventure Sports
           PART A - Non price elements Kitesurf Australia
    pommel = [S| = Feel = [Ee] = [
                                (Tarrs)
                                          Resultant         Resultant Resuksnt
    fnateawewrvemne | om | w | mm |e | om |e | om | o [om | 0 | om
     ronaatarecsimemen | oe |» | mm |   [om |    | om | [em] | om
    jarnmemnnn     |        fam] me |e | om | > | om |    [om] | om
    moms           | os | = [es |e fom |e [em |e [em] | om
    owmamewatoom   |   so  | os[as|e|em|e|[e|elem| |e,
    fettecicatsore |   tow |    suse |   ac   |  oom  |   om   |  tm

    The Contract Administrator confirms the above scores and

                                                   Page 27 of 46

Section 28

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 28 of 46

GENERAL COMMITTEE MEETING AGENDA                                                                      17 MAY 2021

                                                                                         ATTACHMENT 10

                                                                 jefe] NOOSA COUNCIL |
                                                                 = NOOSA COUNCII

                                      CONTRACT NO: T000037
          INVITATION TO TENDER — COMMERCIAL HIGH USE PERMITS FOR USE OF
                                         COMMUNITY LAND

                                    PROBITY ADVISOR’S REPORT

       1.     On 12 February 2021, | was instructed to act on behalf of Noosa Shire Council (“Council”) as
              Probity Advisor for the procurement process associated with Contract No: T000037
              Commercial High Use Permits for use of Community Land (“the Procurement Process”).

       Brief and Scope of Engagement

      2.      | was briefed with the following documents:

              (a)    Invitation to Tender;

              (b)    Conditions of Tender;

              (c)    Tender Response Form;

              (d)    Draft Standard Permit Conditions;

              (e)    Attachment 1 — Commercial Use of Community Land Policy;

              (f)    Attachment 2 — Indicative Permit Locations Map;

              (g)    Procurement Probity Plan signed by members of the Evaluation Panel;

              (h)    Draft Council report for 17 May 2021 meeting, draft as at 5 May 2021, including the
                     Evaluation Workbooks proposed to be attached to that report;

              (i)    All other documents uploaded by the Evaluation Panel to the Microsoft Teams group
                     “High Permit Use Docs”, to which | was added as a guest member.

      3.      The scope of my engagement was:

              (a)     to review the documents with which | was briefed;

              (b)     to be available to attend, via video conference, meetings of the Evaluation Panel as
                      requested by the Evaluation Panel;

              (c)     to be available generally to answer any questions raised by tenderers, members of
                      the Evaluation Panel, Council staff or any other participants in the Procurement
                      Process;

       Noosa Shire Council — Probity Advisor's Report — Contract No T000037                     1
       30050002_20210575_003.docx

                                                                                                   Page 28 of 46

Section 29

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 29 of 46

GENERAL COMMITTEE MEETING AGENDA                                                                     17 MAY 2021

                                                              jefe, NOOSA COUNCIL |
                                                              me NOOSA COUNCII

            (d)    otherwise as set out in Council’s Procurement Probity Plan.

     Summary of Observations

    4.      On 1 March 2021, Leigh Mooney emailed me to seek to clarify drafting of the tender response
            schedule. | responded on 1 March 2021. The query did not turn on a probity issue.
    5.      On 1 April 2021, Leigh Mooney emailed me to advise that Council intended to extend the
            tender closing time from 2pm 2 April 2021 (being Good Friday) to 2pm Tuesday 6 April 2021,
            the next business day. On 7 April 2021, Ms Mooney confirmed that the tender closing time
            had been extended, and that fact had been communicated to all tenderers via the
            VendorPanel communication facility at 3.10pm on 1 April 2021.

    6.      Possible Perceived Conflict of Interest

            (a)    On 7 April 2021, Ms Mooney emailed me to request my advice about 2 possible
                   perceived conflict of interest issue involving a member of the Evaluation Panel and
                   one of the tender respondents.

            (b)    The issue was raised by the affected member of the Evaluation Panel by email to Denis
                   Wallace on 7 April 2021.

            (c)    On 8 April 2021, | provided advice by email to Mr Wallace and Ms Mooney in response
                   to the query, which set out recommendations about managing the possible perceived
                   conflict of interest.

            (d)    On 8 April 2021, Mr Wallace emailed me to advise that the Evaluation Panel will
                   proceed on the basis of my recommendation.

            (e)   Ms Mooney recorded the issue and subsequent steps taken in a file note that was
                   provided to me for review on 14 April 2021. The file note referred to an email from
                   the affected member of the Evaluation Panel dated 9 April 2021, which | was provided
                   with a copy of. The file note reflected the advice | provided on 8 April 2021, and the
                   affected Evaluation Panellist’s email dated 9 April 2021 did not change that advice. |
                   confirmed that to be the case by email to Ms Mooney on 14 April 2021.
            (f)    | was copied to an email from Ms Mooney to the affected Evaluation Panel member
                   (also copied to Mr Wallace and Scott Ison) confirming the way in which the possible
                   perceived conflict of interest would be handled and confirming that Evaluation Panel
                   member’s access to the evaluation documentation.   Ms Mooney’s email was
                   consistent with my advice of 8 April 2021.

    7.      On 28 April 2021, | attended, via Microsoft Teams, the Tender Evaluation Meeting of the
            Evaluation Panel in which the Evaluation Panel moderated their entries in Evaluation
            Workbooks. | attended that part of the Tender Evaluation Meeting that considered the
            permits for which more than one tender response was received. By prior arrangement (an
            email exchange between Mr Wallace and me on 8 April 2021), it was agreed that | would not
           need to attend the meeting to the extent the meeting considered those permits for which
            there was only one applicant.

    Noosa Shire Council — Probity Advisor's Report — Contract No T000037                     2
    0080002_20210575_003.docx

                                                                                                  Page 29 of 46

Section 30

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 30 of 46

GENERAL COMMITTEE MEETING AGENDA                                                                      17 MAY 2021

                                                               jefe] NOOSA COUNCIL |
                                                               me NOOSA COUNCIL

     Conclusion

     8.     Having regard to the Probity Requirements set out in the Procurement Probity Plan, and
            principles of probity in procurement generally, | confirm that:

            (a)    I did not observe anything associated with the Procurement Process that caused me
                   concern from a probity perspective;

            (b)    | am not aware of any probity issue that would limit Council's ability to receive the
                   Council Report.

     Statement of Impartiality

     9.     | do not have any pecuniary or other interest either directly or indirectly in any of the tenders
            received by Council or in the outcome of the Procurement Process.

      SIGNED

      Julian Bodenmann
      Probity Advisor
      PRESTON LAW

      Dated 7 May 2021

    Noosa Shire Council — Probity Advisor's Report — Contract No TO00037                      3
     30080002_20210575_003.docx

                                                                                                   Page 30 of 46

Section 31

GENERAL COMMITTEE MEETING AGENDA                                                       17 MAY 2021


5     CERTIFIED AGREEMENT NEGOTIATION PROCESS

Author            People and Culture Manager, Brent Stephens
                  Executive Services Department

Index             ECM/ Subject/ Certified Agreement

Attachments       Nil.


EXECUTIVE SUMMARY
Not applicable

RECOMMENDATION
That Council note the report by the People and Culture Manager to the General Committee Meeting
dated 17 May 2021 providing an update on the Certified Agreement negotiation process and
authorise the Chief Executive Officer to finalise the Noosa Shire Council Certified Agreement.

REPORT
The purpose of this report is to inform Council of progress in the development of a Noosa Shire
Council Certified Agreement (CA). This report will also outline the final steps in the process for the
Certified Agreement to be certified.
1.    Background
The initial Noosa Council Certified Agreement 2018 brought together the two Sunshine Coast
Council Certified Agreements which continued to apply to Noosa Council under relevant industrial
relations legislation.
During the current negotiations the five participating unions presented 46 claims which were themed
into six categories whilst Council tabled 17 matters for negotiation.
Negotiations commenced on 11 February 2021 and following a series of meetings from this date to
early May, a final pay offer was submitted to unions to reach “in principal” agreement and to progress
to a staff vote.
Signatories to the proposed new four year CA will include:
    CEO, Noosa Council
    The Services Union
    The Australian Workers Union of Employees
    The Construction, Forestry, Mining, Maritime and Energy Union of Employees
    United Voice Industrial Union of Employees
    Plumbers Union of Employees Qld
    Professionals Australia
    Transport Workers Union
    Electrical Trades Union
Many of the clauses within the proposed new CA remain unchanged from the 2018 Agreement with
the exception of the issues identified below:
     A four year agreement which will provide longer term certainty for both Council and staff.
     Pay increases as follows:
      o     Year 1 - 1.6% or $23 whichever is greater
      o     Year 2 – 1.75% or $25 whichever is greater
      o     Year 3 – 2.25% or $27 or CPI whichever is greater
      o     Year 4 – 2.5% or $27 or CPI whichever is greater

                                                                                     Page 31 of 46

Section 32

GENERAL COMMITTEE MEETING AGENDA                                                                17 MAY 2021


        The first pay rise will apply from 22 February 2021 if there is a successful vote. This is the
         date the previous agreement expired. The pay rises are designed to reflect Council’s COVID
         recovery approach with pay rises for staff increasing over time. The introduction of a dollar
         per week increase is also designed to provide a more significant increase to our lower paid
         staff than just a percentage increase;
        Improved leave management provisions and clarity on ambiguity in clauses within the
         agreement; and
        Allowances in the Certified Agreement consolidated and standardised for the life of the
         agreement.

Previous Council Consideration
Nil.

Finance
The financial implications of the new CA will be incorporated into the 2020/21 budget.

Risks & Opportunities
The maintenance of a single agreement provides for some administrative improvements from a
management perspective and supports a collective organisational culture not impeded by barriers
between the indoor and outdoor staff. A longer agreement (four years versus the standard three year
arrangement) also enables Council to plan with certainty for a longer term. The most significant risk
of not agreeing on a new CA is employee discontent and industrial action. The finalisation of the
Noosa Certified Agreement is also dependent on a successful vote by staff which is prosed for late
May/early June 2021. After the vote has been conducted the Agreement needs to be certified by
the Queensland Industrial Relations Commission.

Consultation
External Consultation - Community & Stakeholder
Relevant unions.

Internal Consultation
Internal consultation has been extensive prior to the negotiation process beginning as well as during
the process. Staff communication was undertaken via regular CEO updates and information
sessions.

Departments/Sections Consulted:

    X   Chief Executive Officer   X   Community Services                      X   Corporate Services
        Executive Support         X   Director                                    Director
                                      Community Development                   X   Financial Services
                                      Community Facilities                        Fleet
                                      Libraries & Galleries                       ICT
                                      Local Laws                                  Procurement
                                      Waste & Environmental Health                Property
                                                                                  Revenue Services

    X   Executive Services            Environment & Sustainable Development   X   Infrastructure Services
    X   Director                      Director                                X   Director
        Community Engagement          Building & Plumbing Services                Asset Management
        Customer Service              Development Assessment                      Buildings and Facilities
        Governance                    Economic Development                        Civil Operations
    X   People and Culture            Environmental Services                      Disaster Management
                                      Strategic Land Use Planning                 Infrastructure Planning,
                                                                                  Design and Delivery




                                                                                             Page 32 of 46

Section 33

GENERAL COMMITTEE MEETING AGENDA                                                                      17 MAY 2021


6      FINANCIAL PERFORMANCE REPORT – APRIL 2021

Author             Director Corporate Services, Michael Shave
                   Corporate Services Department

Index              ECM/ Subject/ 22.09 – Monthly Financial Performance Report

Attachments        1.      Statement of Income and Expenditure (Profit & Loss and Capital)
                   2.      Statement of Financial Position
                   3.      Statement of Cash Flows
                   4.      Summary of Materials and Services Expenditure

EXECUTIVE SUMMARY
Year to date (YTD) operating performance against current budget as at 30 April 2021 is positive,
with operating revenues performing above forecast due largely to Council facilities and business
activity sales outperforming budget. Current budget figures now incorporate all adjustments adopted
as part of Budget Review 3 (BR3) during April 2021.

 YTD Financial Performance Summary
                                  Budget              Actual          Variance          Variance     Status
                                     $m                  $m                $m                 %
 Operating Revenue                   $94.2              $95.9                $1.7           1.8%    On Track
 Operating Expense                   $80.7              $79.8                $1.0           1.2%    On Track
 Operating Position                  $13.5              $16.2                $2.7           19.8%
 Capital Revenue                         $9.2            $9.6                $0.5           4.9%    On Track
 Capital Expenditure                 $18.5              $18.2                $0.4           1.9%    On Track

Financial statements including Statement of Income & Expenditure, Statement of Financial Position
(balance sheet), and Statement of Cash Flows are included as attachments for information for
Council.

Figure 1: Actual Performance Compared to Budget

    $120                                        YTD Budget ($m)

                        $94.2    $95.9          YTD Actual ($m)
    $100
                                                                     $80.7          $79.8
     $80

     $60

     $40

     $20

      $-
                   Operating Revenue                              Operating Expenditure

Council’s performance against key measures of financial sustainability have been calculated as at
30 April 2021. These indicators enable the reader to assess Council’s success in managing its
budget, cash and debt as well as undertaking sustainable asset management. The table below
contains a snapshot of a number of key measures, with full detail included in the report.

                                                                                                    Page 33 of 46

Section 34

GENERAL COMMITTEE MEETING AGENDA                                                                17 MAY 2021



 YTD Measures of Financial Sustainability
                                    Target       Current      Actual YTD
                                                 Budget
 Operating Surplus Ratio            0-10%         -0.9%          16.9%           On Track
 Net Financial Liabilities Ratio    < 60%         -8.1%          -35.0%          On Track
 Cash Cover Ratio                  3 months    7.7 months     11.6 months      Above Target
 Asset Sustainability Ratio         > 90%        100.1%          66.8%           On Track


RECOMMENDATION
That Council note the report by the Director Corporate Services to the General Committee Meeting
dated 17 May 2021 outlining April 2021 year to date financial performance against budget, including
performance against key financial sustainability indicators.



REPORT
Operating Revenue (YTD Benchmark 83.3%)
Council has received 95% ($95.9 million) of its operating revenue budget ($101.2 million).
Commentary on each revenue category is provided below.

 Category              Summary                          Comments
 Rates and Levies      $69.3 million (100%) of the         Total rates and levies earned are in line with
                       annual budget of $69.4               YTD budget.
                       million has been earned             Tourism and Economic Levy $71k below budget
                                                            (97% or $2.8 million of $2.9 million budget
                                                            earned) - offset by all other rates and charges
                                                            above YTD budget
 Fees and              $6.3 million (89%) of the $7.0      Lions Park holiday parking $98k above YTD
 Charges               million annual budget has            budget (247.0% or $165k of $67k budget
                       been earned                          earned)
                                                           Building application fees $94k above YTD
                                                            budget (94% or $721k of $767k budget earned)
                                                           Waste collection fees for temporary services
                                                            and infringements $92k above YTD budget
                                                            (112% or $199k of $177k budget earned)
                                                           Local Laws infringement revenue $82k above
                                                            YTD budget (94% or $1.38 million of $1.47
                                                            million budget earned)
                                                           Noosa Community Support fees $98k below
                                                            YTD budget (49.7% of $144k of $291k budget
                                                            earned) – offset by lower costs
 Sale of Goods         $9.6 million (96%) of the $9.9      Holiday Park sales $366k above YTD budget
 and Services          million budget has been              (103% or $3.3 million of $3.2 million budget
                       received                             earned) – Any positive revenue variances that
                                                            hold through the financial year will be offset in
                                                            part by additional variable operating costs
                                                            including park commissions
                                                           Community Facilities (NAC, NLC and The J)
                                                            $216k above YTD budget (95% or $2.1 million
                                                            of $2.24 million budget earned) – Any positive
                                                            revenue variances that hold through the


                                                                                              Page 34 of 46

Section 35

GENERAL COMMITTEE MEETING AGENDA                                                                                    17 MAY 2021


 Category              Summary                                       Comments
                                                                        financial year will be offset in part by additional
                                                                        variable operating costs
                                                                      Waste management disposal fees and sale of
                                                                        recoverable materials $346k above YTD budget
                                                                        (91% or $4.0 million of $4.4 million budget
                                                                        earned)
 Interest              $683k (79%) of the $870k                           Interest revenues on cash invested will need
 Received              annual budget has been                              ongoing monitoring given further recent interest
                       earned                                              rate cuts and impacts on term deposit / cash
                                                                           fund rates
 Unitywater            On track                                      Nil
 Dividend and
 Tax
 Other Revenue         $2.02 million (98%) of the                         Recoupment of Unitywater charges from
                       $2.06 million budget has                            lessees $140k above YTD budget - offset by
                       been earned                                         additional utility charge expenses
                                                                          Commercial lease revenue $148k above YTD
                                                                           budget (100% or $918k of $919k budget
                                                                           earned)
 Operating             $4.3 million (69%) of the $6.2                     50% ($1.2 million) of the financial assistance
 Grants,               million budget has been                             grant was prepaid in May 2020 and may impact
 Subsidies             received                                            on Council’s 2020/21 final operating position if
                                                                           the prepayment approach is discontinued by the
                                                                           Australian government
                                                                          All operating grants are in line with budget
                                                                           expectations at this stage
 Unitywater            On track                                           Unitywater distributions are fixed each year so
 Distributions                                                             there is little budget variance risk

Figure 2: Operating Revenue Position by Type (Excluding Rates)

$12.0
                                                   $9.6                        YTD Budget ($m)
$10.0
                                            $8.7                               YTD Actual ($m)
  $8.0
         $5.9 $6.3
  $6.0
                                                                                       $4.3 $4.3
                                                                                                   $3.7 $3.7
  $4.0

  $2.0                               $0.7                 $1.0 $1.2
                       $0.7                                                $0.7 $0.8

  $0.0
             Charges




                                                           Income




                                                                               Other
                                             Goods &




                                                                                          Grants




                                                                                                     Unitywater
                                             Services
                                             Sales of




                                                            Rental
                          Interest
             Fees &




                                                                                                      Share of




Operating Expenditure (YTD Benchmark 83.3%)
Actual operating expenditure is currently 78% ($79.8 million) of full year budget ($102.1 million).
Detailed commentary for each expenditure category is provided below.




                                                                                                                  Page 35 of 46

Section 36

GENERAL COMMITTEE MEETING AGENDA                                                                                       17 MAY 2021


 Category                    Summary                  Comments
 Employee                    $27.4 million (79%)       Under expenditure for permanent staff salaries and wages
 Costs                       of the annual              ($2.4 million) partially offset by additional spend on casual staff
                             budget of $34.9            and external labour hire ($1.1 million) as well as overtime and
                             million has been           allowances ($216k)
                             expended                  Training expenditure $52k below YTD budget (24% or $80k of
                                                        $330k budget spent)
 Materials and               $35.2 million (76%)       Libraries services $112k below YTD budget (57.4% or $621k
 Services                    of the $46.6 million       of $1.1 million budget spent) – primarily due to timing of library
                             annual budget has          collection purchases and programs
                             been expended             Waste Management costs $62k below YTD budget (81.3% or
                                                        $8.1 million of $10.0 million budget spent) – collection bin
                                                        purchases lower than forecast (offset by lower revenue
                                                        recovery)
                                                       Council buildings and facilities $54k below YTD budget (56.9%
                                                        or $630k of $1.1 million budget spent) – timing of utilities as
                                                        well as scheduled maintenance and cleaning services
                                                       Natural Area costs $52k above YTD budget (59.7% or $795k
                                                        of $1.3million budget spent)
                                                       Holiday parks $52k above YTD budget (92.6% or $1.4 million
                                                        of $1.5 million budget spent) – variable operating costs
                                                        (including commissions) from parks reopening earlier than
                                                        budgeted following COVID-19 pandemic related closures -
                                                        offset by additional revenues
                                                       Development application costs $65k above YTD budget (114%
                                                        or $240k of $210k budget spent) – offset by additional
                                                        application revenues
 Finance Costs               On track                 Nil
 Depreciation                On track                 Nil
 Other                       On track                 Nil
 Expenses

Figure 3: Operating Expenditure Position by Type

$40.0
                                     $35.6 $35.2
                                                                               YTD Budget ($m)
$35.0
            $27.9 $27.4
                                                                               YTD Actual ($m)
$30.0
$25.0
$20.0                                                                                 $15.8 $15.8
$15.0
$10.0
 $5.0                                                       $1.3 $1.2                                    $0.2 $0.2
 $0.0
                                          Materials




                                                               Finance Costs




                                                                                          Depreciation
                 Employees




                                                                                                            Other




Capital Revenue
YTD capital revenue of $9.6 million received comprises cash contributions from developers ($1.9
million) and capital grants ($7.5 million). Note that the timing of capital grant receipts are generally
dependent on the timing of grant conditions and also capital delivery performance, and that the timing

                                                                                                                     Page 36 of 46

Section 37

GENERAL COMMITTEE MEETING AGENDA                                                                                 17 MAY 2021


of the receipt of developer contributions (both cash and contributed) is unpredictable.

Figure 4: Capital Revenue by Type

 $8.0                                        $7.5               $7.5

 $7.0
                                                                           YTD Budget ($m)
 $6.0
                                                                           YTD Actual ($m)
 $5.0
 $4.0
 $3.0
                                      $1.9
 $2.0          $1.6

 $1.0                                                                                                   $0.2
                                                                                   $0.1
 $0.0
                      Contributions




                                                    Subsidies




                                                                                          Contributed
                                                     Grants /




                                                                                            Assets
                         Cash




Capital Program
Actual capital expenditure (excluding commitments) is $18.2 million (YTD budget $18.5 million).
Detailed discussion of progress in the delivery of the capital works program is provided through a
separate quarterly report by the Asset Planning Manager.

Figure 5: Capital Program Delivery Performance

$16.0
               $14.0              $13.8                          YTD Budget ($m)
$14.0
                                                                 YTD Actual ($m)
$12.0

$10.0

 $8.0

 $6.0

 $4.0
                                             $2.1                                  $2.4                 $2.4
                                                                $1.9
 $2.0

 $0.0
               Capital works                 Other capital                     Loan redemption



Cash Management and Investment Performance
Total cash on hand at the end of April was $76.5 million. Included in this balance are funds held in
trust and for restricted purposes (e.g. unexpended levy and grant funds), cash inflows from the
January rate levy, prepaid grants including the financial assistance grant and other capital works
grants, as well as any other monies committed for funding capital projects which are underway and
will continue during the financial year.
The following pie charts present the mix of cash held at April 2021 by agency (graph on the left) and
by credit risk rating (graph on the right). All funds have been invested in accordance with the
Investment Policy and in consideration of the principles of ethical investment, preservation of capital,
return on investment and counterparty thresholds.


                                                                                                               Page 37 of 46

Section 38

GENERAL COMMITTEE MEETING AGENDA                                                                                        17 MAY 2021


Figure 6: Closing Cash Held by Agency and Credit Rating

                            CBA                                                                 A1 +
                            5%                                                             (Commercial Banks)
                                                                                                 5%




                                                                                                      A1 +
                                  QTC                                                                (QTC)
                                  95%                                                                 95%




The following chart monitors the 12-month trend on total cash and the agencies invested. Payments
received in February through to April from bi-annual rates generated a significant increase in cash,
which was has been invested in short term QTC deposits in line with Council’s Investment Policy.

Figure 7: 12 Month Trend of Cash Invested by Agency
 100,000,000


  90,000,000


  80,000,000


  70,000,000


  60,000,000


  50,000,000


  40,000,000


  30,000,000


  20,000,000


  10,000,000


          -
              May-20   Jun-20   Jul-20   Aug-20   Sep-20   Oct-20    Nov-20   Dec-20    Jan-21   Feb-21   Mar-21     Apr-21


               Bendigo TD         Westpac TD        NAB TD          Suncorp TD         CBA TD       QTC            CBA Operating




Measures of Financial Sustainability
The following table incorporates a set of financial sustainability indicators to further assist in
managing Council financial performance. There are no current emerging risks regarding financial
performance year to date.




                                                                                                                     Page 38 of 46

Section 39

GENERAL COMMITTEE MEETING AGENDA                                                                                                                                                                       17 MAY 2021


Category                                                                                                                                                                         Comments
Operating Surplus Ratio                                                                                                                                                             Intent: Identifies the extent to
                                     90%                                                                                                                                             which revenues cover operational
                                     80%
                                                77.3%                                                                                                                                expenses, to ensure community
                                     70%
                                                                                                                                                                                     equity is not degraded.
                                                        59.1%
                                     60%                                                                                                                                            Target: 0 – 10%
                                     50%                          43.2%                                                                                                             Result: 16.9%
                                                                                                             37.9%
                                     40%                                    30.9%                                       30.7%                                                       Comment: The ratio will decline
                                     30%                                                                                           22.4%                                             from February to June as the
                                                                                       15.7%                                                16.9%
                                     20%                                                                                                                                             January rates are expended on
                                     10%                                                              4.6%                                                                           delivery of Council services.
                                      0%
                                     -10%
                                                 Jul        Aug       Sep       Oct        Nov        Dec        Jan        Feb       Mar       Apr        May        Jun


                                                        Actual                         Budget                           Minimum                             Target


Cash Expense Cover                                                                                                                                                                  Intent: Indicates how long
                                     14.0                                                                                                                                            Council can continue paying its
                                                                                                                                                12.5       12.2                      day-to-day expenses from cash
 Months (Cash to Cover Operations)




                                                                                11.5                                                                                  11.6
                                     12.0                                                  11.1       10.7                                                                           at    bank    without   needing
                                                                                                                 10.1                 9.7
                                     10.0
                                                 9.5                                                                        9.1                                                      additional cash flows.
                                                            8.6       8.7
                                                                                                                                                                                    Target: > 3 months
                                      8.0
                                                                                                                                                                                    Result: 11.6 months
                                      6.0
                                                                                                                                                                                    Comment: Whilst current cash
                                      4.0                                                                                                                                            cover remains above target,
                                                                                                                                                                                     business as usual expenditure
                                      2.0
                                                                                                                                                                                     and any other unforeseen
                                       -                -         -         -          -          -          -          -         -         -          -          -          -       financial impacts through to 30
                                                May         Jun       Jul       Aug        Sep        Oct        Nov        Dec       Jan       Feb        Mar        Apr
                                                                                                                                                                                     June 2021 will degrade Council’s
                                                            Actual                                                                Minimum (>0 months)                                cash holdings.
                                                            Target (3 months)                                                     Maximum (6 months)

Asset Sustainability Ratio                                                                                                                                                          Intent: Measures the extent to
                                     120%                                                                                                                                            which assets are being replaced
                                                                                                                                                                  100.1%
                                                                                                                                                                                     as their condition degrades to
                                     100%                                                                                                                                            ensure service potential is
                                                                                                                                                                       90%           maintained.
                                      80%
                                                                                                                         62%
                                                                                                                                                67%                                 Target: 90% of depreciation
                                                                                                                 59% 60%
                                      60%                                                             55%                                                                            budget spent on renewals
                                                                                           45%                                                                                       annually
                                      40%                             29%
                                                                                34%
                                                                                                                                                                                    Result: In line with budget
                                      20%                   13%                                                                                                                     Comment:        The    ratio will
                                                  1%
                                                                                                                                                                                     progressively increase each
                                                                                                                                                           #N/A #N/A
                                           0%                                                                                                                                        month as expenditure on asset
                                                  Jul       Aug       Sep       Oct        Nov        Dec        Jan        Feb       Mar       Apr        May        Jun            renewals occurs though to 30
                                                                                                                                                                                     June.
                                                  Actual Renewal Spend (%)                                  Target (%)                  Renewals Budget (%)




                                                                                                                                                                                                     Page 39 of 46

Section 40

GENERAL COMMITTEE MEETING AGENDA                                                                                                                                17 MAY 2021


 Category                                                                                                                                Comments
 Net Financial Liabilities Ratio                                                                                                            Intent: Outlines the level that net
                                                                                                                                             Council debt can be serviced by
                80%
                                                                                                                                             operating revenues. A ratio below
                                                         60%                                                                                 zero implies that liabilities are
                60%
                                                                                                                                             less than cash (and other current
                                                                                                                                             assets) and there is adequate
                40%                                                                                                                          borrowing capacity available if
                                                                                                                                             needed.
                20%
                                                                                                                                            Target: less than 60%
                                                                                                                                            Result: -35%
                                     0%
                                                     Target                             Budget                     YTD Actual               Comment: Council has low debt
   -20%                                                                                  -8%                                                 levels and strong cash holdings.
                                                                                                                                             The ratio will reduce through to
                                                                                                                                             June as cash is expended on
   -40%                                                                                                              -35%                    capital and operational activities.
 Investment Return                                                                                                                          Intent: Ensure appropriate return
                                                                                                                                             on investment yield for cash at
                                                                                                                                             bank.
                                                                                                                                            Target: 0.25% above current
                                                                                                                                             Bloomberg commonwealth 10
                                                                                                                                             year bond rate yield (0.00%)
                                                                                                                                            Result: 0.50%
                                                                                                                                            Comment: Regardless of the
                                                                                                                                             current levels of low long term
                                                                                                                                             bond and interest rates (due to
                                                                                                                                             current economic conditions),
                                                                                                                                             Council’s investment return still
                                                                                                                                             remains above target.
 Rates in Arrears                                                                                                                           Intent: Ensuring that the amount
                                                                                                                                             of    unpaid     rates    remains
                                           12.0%
   Percentage of Annual Rates in Arrears




                                                                                                                                             sustainable and does not
                                                                               9.6%                                        9.5%              negatively impact cash flows.
                                           10.0%
                                                                                                                                            Target: 5% industry benchmark
                                            8.0%                                         7.1%                                     7.4%
                                                   6.9%
                                                          6.5%
                                                                                                 6.0% 5.8% 5.7%
                                                                                                                                            Result: 7.4%
                                                                 5.8%
                                            6.0%                                                                    5.0%                    Comment: Following issue of
                                                                        4.5%
                                                                                                                                             reminder notices in April, rates
                                            4.0%
                                                                                                                                             arrears are reducing and is in line
                                            2.0%
                                                                                                                                             with performance for the same
                                                                                                                                             period in previous years.
                                            0.0%
                                                   May    Jun    Jul    Aug     Sep      Oct     Nov   Dec   Jan    Feb    Mar    Apr

                                                                               Actual             Target




Previous Council Consideration
Nil.

Finance
As above.

Risks & Opportunities
Council’s risk register includes a number of risks that could impact on ongoing financial sustainability.
Effective budget management and reporting is an important risk mitigation tool.

                                                                                                                                                              Page 40 of 46

Section 41

GENERAL COMMITTEE MEETING AGENDA                                                               17 MAY 2021



Consultation
External Consultation - Community & Stakeholder
Nil.

Internal Consultation
All areas of Council are consulted as part of the regular monitoring of budget performance.

Departments/Sections Consulted:

 X     Chief Executive Officer   X   Community Services                      X   Corporate Services
       Executive Support             Director                                X   Director
                                     Community Development                   X   Financial Services
                                     Community Facilities                        Fleet
                                     Libraries & Galleries                       ICT
                                     Local Laws                                  Procurement
                                     Waste & Environmental Health                Property
                                                                                 Revenue Services

 X     Executive Services        X   Environment & Sustainable Development   X   Infrastructure Services
       Director                      Director                                    Director
       Community Engagement          Building & Plumbing Services                Asset Management
       Customer Service              Development Assessment                      Buildings and Facilities
       Governance                    Economic Development                        Civil Operations
       People and Culture            Environmental Services                      Disaster Management
                                     Strategic Land Use Planning                 Infrastructure Planning,
                                                                                 Design and Delivery




                                                                                            Page 41 of 46

Section 42

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 42 of 46

GENERAL COMMITTEE MEETING AGENDA                                                                            17 MAY 2021

                                                                                                           ATTACHMENT 1

 Profit and Loss Statement
 Revenue
     Recurrent Revenue
     Rates, levies and charges                          69,324          69,297         69,300               4       100%
     Fees and charges                                     7,048          5,874           6,303            429        8a%
     Interest received                                     870            682            683                1        79%
    Sale of Goods and major services                      9,098          8,664           9.611           247         26%
    Sale of contract and recoverable works                  23               -              6               6        25%
    Rental & lease income                                 1,187           1,008          1,186            177        oo%
     Other income                                          865            6o7             843             146        o8%
     Grants, subsidies, contributions and donations       6,188          4,306           4,288            (18)       6a%
     Unitywater Distributions                             5,650          3,708           3,708              -        66%
                                                        101,162         94,237         95,928           1,691        35%
 Expenses
     Recurrent Expenses
     Employee benefits                                  34,868          27,874          27,384           400         7Ta%
     Materials and services                             46,551          35,621         35,104             427        76%
     Finance costs                                        1,538           1,288          1,153            134        75%
    Depreciation                                         18,963          15,803         15,818            (17)       83%
   Other expenses                                           189            155           204             (48)       108%
                                                  “402408        ~—~«<CSTA—“(<‘éiC!!U!©€©6USUlU!!CUO
Operating Resutt                                           aT         BT                 aT             ee
 Summary of Capital Expenditure and Funding
 Capital Funding
    Capital cash contributions and infrastructure charges 1,621           1,551          1,892            342       117%
    Contributed assets                                   2,000             132            205             72         10%
    Capital grants and subsidies                         11,588          7,498           7,523            24         65%
    Cash / revenue                                       14,614          9,453          10,132           679         6a%
     New loan borrowings                                  3,420              -          2,500               -        73%
    Other capital revenue                                     -              -              12             12        o%
Total CapitalFunding 9                                    2S tee Tas
 Capital Expenditure
     Contributed assets                                  2,000             132            205             72         10%
     Capital works - constructed assets                 24,763           14,036         13,846           (189)       56%
     Capital works - other capital                        4,066          2,054           1,882           (162)      47%
     Loan redemption                                      2414           2.414           2414               -       100%
    Other aot Ex rondioure                                    -              -           3.907          3,907        o%

                                                                                                         Page 42 of 46

Section 43

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 43 of 46

GENERAL COMMITTEE MEETING AGENDA                                                                               17 MAY 2021

                                                                                                             ATTACHMENT 2

      Cash and cash equivalents                                            52.550                76,493                 57,023
      Trade and other receivables                                            8.117                 6,574                  5440
     inventories                                                               181                   178                   181
     Contract Assets                                                             -                    77                    27
      Other current assets                                                   2912                  2,738                 4732
                                                                            64.760                86,010                67.403
      Non Current Assets held for sale                                           -                     -                      -
  Total Current Assets                                        seo                          i i ts—‘aUCUUUCUC~C~C‘“‘(‘(t«iC ST A
  Non Current Assets
     Trade and other receivables                                           49.503                 40,593                40.593
     investments                                                            88.040                88,040                88.040
      investment property                                                    3,000                 3,000                  3,000
      Property, plant and equipment                                        061,082               927,471               929,365
     Right of Use Assets                                                         -                   161                   161
      intangible assets                                                      8.400                 8,026                  7.635
  Total Non Current Assets                                    ae                     TCT
 Total Assets                                                 ~~ 4i7s774 _               SS sti“‘s&(€G23O00COC~*~“‘C#*L;«CSV; AGS
  Current Liabilities
     Trade and other payables                                                6,512                 9,001                 10,642
      Contract Liabilities                                                       -                  1,568                 1,568
     Borrowings                                                              3,152                2,631                   3,023
      Lease Liablities                                                           -                    be                    bed
     Provisions                                                              7582                  2,571                 4.630
     Other                                                                   4.780                  774                   1,561
  Total Current Liabilities                                   206                           si‘; CO        !™©™©™©F©F©FFFCOCU
  Non Current Liabilities
     Borrowings                                                             19,114                 18,493                18,483
      Lease Liabilities                                                        110                   110                   110
     Provisions                                                             15,307                 15,390                15,307
  Total Non Current Liabilities                               ee                     —“(‘“‘“‘iéiR NF UUUULULULUmLv
  Total Liabilities                                                        56,557                50,601                 55,388

  Community Equity
      Asset Revaluation Surplus                                            103,738                86,525                86,525
      Retained Surplus / (Defeciency)                                            -                     -                      -
      Shire Capital                                                       1,015,478             1,003,273              002.284
     Current Year Net Earnings                                                   -                21,901                 10,989
  Total Community Equity                                                1,119,217             1,111,699              1,089,738

                                                                                                            Page 43 of 46

Section 44

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 44 of 46

GENERAL COMMITTEE MEETING AGENDA                                                                         17 MAY 2021

                                                                                                       ATTACHMENT 3

  Cash flows from operating activities
       Cash Flows from Operating Activities
      Receipts from Customers                                               82,924            90,109             91,168
       Payments to Suppliers and Employees                                 (81,041)          (70,643)            (82,671)
                                                                             1,883             19,466             8.498
       Investment and Interest Revenue Received                              3.470             2,348              3,937
       Rental Income                                                         1,194              1,186              1,003
       Non Capital Grants and Contributions                                  6,087             4,288              5,315
       Income Tax Equivalent Received                                        1,200              1,177              1,857
       Income from Equity Investments                                        1,850               865               1,396
       Payments:
       Borrowing Costs                                                           -            (2,500)                 -
       Interest Expense                                                     (1,092)             (111)              (143)
      Net Cash Inflowi(Outflow) from Operating Activities ==                44,692)          26,720             2,86
  Cash Flows from Investing Activities

       Proceeds of Sale of Property, Plant and Equipment                         -               217                284
       Grants, Subsidies, Contributions and Donations                       13,162             o415               8,640
       Payments:
       Payments of Property, Plant and Equipment                           (31,529)           (14,708)           (24,208)
      Payments for Intangible Assets                                        (1,449)            (1,036)            (1,710)
       Net Movement in Loans and Advances                                        -               125                125
      Net Cash Inflow/(Outflow) from Investing Activities ==              (19,816)             5,988)           (16,869),
  Cash Flows from Financing Activities

      Proceeds from Borrowings                                               3,420             2,500                  -
       Payments:
       Repayment of Borrowings                                              (2,670)           (3.762)             (3,950)
      Net Cash Inflowi(Outfiow) from Financing Activities ==                  750,263)                             3,950),

      Cash and Cash Equivalents at the beginning of the reporting period   57,024             57,023             55,981

                                                                                                      Page 44 of 46

Section 45

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021




                                   Page 45 of 46

GENERAL COMMITTEE MEETING AGENDA                                                                            17 MAY 2021

                                                                                                           ATTACHMENT 4

     Materials and services
    Advertising and Marketing                              228             175            137             38        60%
    Administration Supplies and Consumables               683             521            480              41        70%
    Audit Expenditure                                      160             48             48              (0)       30%
     Communications and IT                                 678            555            560              (5)       83%
     Commission Paid                                      964             874             O77           (103)       101%
    Consultancy Services                                  1,008           675            820            (145)       81%
    Contract Services                                   22,884          16,833          16,905          (162)       74%
     Contributions, Donations, Sponsorship and Prizes     3,382         3,332           3,315              17       o8%
    Electricity                                           1,654          1,376           1,278            a8        77%
     Internal Fleet Costs and External Plant Hire         1,615          1,250           1,516          (266)       o4%
     Grants Paid to Community Organisations               1,552                          1,008           (42)       65%
    Insurance                                             625              614                           (22)       102%
     Legal Expenses                                       1,752          1,220           1,104             277      68%
     Operating Leases and Rentals                         256             240            268             (28)       105%
     Software and Maintenance                            2,003           1,676           1,539            137       77%
     Subscriptions and Registrations                      275              214           272             (58)       oo%
     Waste Levy Payments                                  1,185           982            1,178          (196)       aa%
     Water and Sewerage Charges                           1,081           876            678              198       62%
     All Other Materials and Services                     4,554          3,192          2,293            609        50%
                                                        46,551         35,621          35,194           427         76%

                                                                                                         Page 45 of 46

Section 46

GENERAL COMMITTEE MEETING AGENDA     17 MAY 2021


7   CLOSED SESSION

    Nil.




                                   Page 46 of 46

GENERAL COMMITTEE MEETING AGENDA                                  17 MAY 2021

7    CLOSED SESSION

     Nil.

                                                                Page 46 of 46

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