Coffs Harbour City Council

05 October 2016

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 13 October 2016

 

The meeting commences at 5.00pm and your attendance is requested.

 

 

AGENDA

 

1.         Opening of Ordinary Meeting

2.         Acknowledgment of Country

3.         Disclosure of Interest

4.         Apologies

5.         Public Addresses / Public Forum

6.         Mayoral Minute

7.         Mayoral Actions under Delegated Authority

8.         Confirmation of Minutes

9.         Rescission Motion

10.      Notices of Motion - General

11.      General Manager’s Reports

12.      Notices of Motion – Business Services

13.      Directorate Reports – Business Services

14.      Notices of Motion – Sustainable Communities

15.      Directorate Reports – Sustainable Communities

16.      Notices of Motion – Sustainable Infrastructure

17.      Directorate Reports – Sustainable Infrastructure

18.      Trust Reports

19.      Requests for Leave of Absence

20.      Questions On Notice

21.      Matters of an Urgent Nature

22.      Consideration of Confidential Items (if any)

23.      Close of Ordinary Meeting.

 

 

Steve  McGrath

General Manager

 


Ordinary Council Meeting Agenda                                                     13 October 2016

Order of Business  

General Manager's Reports

GM16/13         Election of Deputy Mayor.............................................................................. 3

GM16/14         2016 Local Government NSW Conference - Voting Delegates from Coffs Harbour City Council........................................................................ 11

GM16/15         Review of s355 Committees and appointment of Councillors.... 23

GM16/16         Notice of Draft Policy to be Placed on Public Exhibition - Councillor Expenses and Facilities Policy................................................................... 60

GM16/17         2016 Disclosure of Interest by Councillors and Designated Persons.................................................................................................................................... 85

Directorate Reports - Business Services

BS16/34          Certification of Annual Financial Statements 2015-16.................... 87

BS16/35          Contract No. RFT-763-TO Coffs Harbour Regional Airport Terminal Expansion ............................................................................................................. 87

Directorate Reports - Sustainable Infrastructure

SI16/35           Reserve Naming Application - Len Towells Oval................................ 87

SI16/36           Traffic Committee Meeting No. 5/2016....................................................... 87

Trust Reports

T16/10             TRUST REPORT - Coffs Coast State Park Trust and Woolgoolga Beach Reserve Trust Certification of Annual Financial Statements 2015-16   87

T16/11             TRUST REPORT - Lease to Council - Woolgoolga Community Centre - Reserve 1002841................................................................................................... 87   


Ordinary Council Meeting Agenda                                                     13 October 2016

GM16/13      Election of Deputy Mayor

Author:                        General Manager

Authoriser:                  General Manager

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              1.  Local Government Act 1993 - Section 231 - Deputy Mayor; Section 394 - Election of Mayor/Deputy Mayor by Councillors; Schedule 7 - Election of Mayor by Councillors.  

 

EXECUTIVE SUMMARY

Coffs Harbour City Council’s custom and practice has been to elect a Deputy Mayor on an annual basis.  This report provides the opportunity for Council to continue its custom and practice, or given some recent changes to the Local Government Act to consider changes to this custom and practice.

 

 

Recommendation:

That:

1.       Council resolve to elect a Deputy Mayor for the ensuing twelve (12) months.

And in the event that Council resolves recommendation 1 in the affirmative:

2.       Nominations for the position of Deputy Mayor be called and the method of election be by ordinary ballot.

 

 

Report

Description of Item:

Council’s practice in the past has been to elect a Deputy Mayor each year for a 12 month period.  This has been the case even though the Mayor is elected popularly by the community for a four year term.  The 12 month term for Deputy Mayor perhaps reflects what has traditionally been the term for a Mayor elected by Councillors.

 

Recent changes to legislation in situations where the Mayor is elected by Councillors has increased the term to two years.  Whilst this does not directly affect Coffs Harbour City Council, the Council may wish to consider the term for Deputy Mayor at Coffs Harbour City Council.

 

At the present time the clause 231 of the Local Government Act 1993 provides that Council may elect a Deputy Mayor and should that occur, the person may be elected for the mayoral term (in Coffs Harbour City Council’s case four years) or a shorter term.

 

The role of Deputy Mayor is to assist the Mayor with the performance of ceremonial duties and to exercise the functions of the Mayor during periods of absence.  Council must now determine if it wishes to elect a Deputy Mayor and if so, the term and by what method.

Issues:

This is not applicable to this report.

Options:

Section 231 of the Local Government Act 1993 clearly states that Council “may” elect a person from among their number to be the deputy mayor.  There is no compulsion on Council to have a deputy mayor.

 

Therefore the options available to Council are:

 

1.   Council resolve not to have a deputy mayor.

2.   Council resolve to elect a deputy mayor for a term to be decided.  Should Council support this option, it will also need to resolve the method of voting for the deputy mayor.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

Council’s election of a Deputy Mayor is consistent with the 2030 plan strategy LC 3.1 Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour.

•     Economic – Broader Economic Implications

No additional fee applies to the position of Deputy Mayor.

 

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

•     Economic – Delivery Program/Operational Plan Implications

There are no implications for the Delivery Program/Operational Plan.

Risk Analysis:

This is not applicable to this report.

Consultation:

This is not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

Section 231 of the Local Government Act provides the power to elect a Deputy Mayor and clause 394 and schedule 7 of the Local Government (General) Regulations cover the procedures relating to the conduct of the election.

 

Attached to this report is a copy of these provisions and Council’s attentions is drawn to the provisions relating to nominations and the methods of election.

 

Should there be more than one nomination for the position; Council is required, in accordance with clause 3 of schedule 7, to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.  Ballot has its normal meaning of secret ballot and open voting is a show of hands.

Implementation Date / Priority:

Implementation is immediate.

Conclusion:

Given the content of this report, it is now appropriate for Council to resolve whether to have Deputy Mayor.  Further, should this resolution be in the affirmative, Council will need to decide the term and method of voting.

 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


 


 


Ordinary Council Meeting Agenda                                                     13 October 2016

GM16/14      2016 Local Government NSW Conference - Voting Delegates from Coffs Harbour City Council

Author:                        General Manager

Authoriser:                  General Manager

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              1.  Local Government NSW Annual Conference 2016 Invitation  

 

EXECUTIVE SUMMARY

To appoint four voting delegates to represent Coffs Harbour City Council at the 2016 Local Government NSW Annual Conference to be held at WIN Entertainment Centre, Wollongong on
16-18 October 2016.

 

 

Recommendation:

That Coffs Harbour City Council resolve the nomination of the Mayor, Councillor ___________, Councillor ___________ and Councillor ___________ as the voting delegates for the 2016 LGNSW Conference.

 

 

Report

Description of Item:

Local Government NSW (LG NSW) currently represents the interests of NSW general purpose councils, 12 special purpose councils and the NSW Aboriginal Land Council.

 

LG NSW represents the views of councils by:

 

·    Advocating councils’ views to governments.

·    Promoting local government to the community.

·    Providing specialist advice and services.

 

Rule 23 of the LGNSW Rules, provides a scale for the number of delegates entitled to vote at each Annual Conference. Coffs Harbour City Council falls within Group 4 on the scale, with a population of between 50,000 and 100,000, thereby entitling the Council to be represented by 4 (four) voting delegates.

 

It is proposed that Council nominate four (4) voting delegates and those delegates be responsible for voting on motions before the Conference.

 

As communicated to Councillors immediately following the declaration of the Poll, voting delegates had to be registered for the Conference by 30 September 2016.  To enable this to occur those Councillors expressing a desire to attend the Conference (Crs Adendorff, Townley, Swan, Arkan) had their names placed in a draw and three Councillors names were drawn to be included with the Mayor for registration as voting delegates for the 2016 LGNSW Annual Conference.

 

Accordingly, the names submitted to LGNSW as voting delegates for the 2016 Conference were:

 

Mayor         Cr Knight

            Cr Adendorff

            Cr Townley

            Cr Arkan

 

It is now necessary for Council to formally resolve the appointment of the voting delegates for the 2016 LGNSW Annual Conference.  This can be by way of ratifying the four Councillors already nominated or by resolving a different mix of Councillors.  Should Council decide to resolve a different mix of Councillors to that already nominated, a process of formally substituting Councillors as voting delegates by notification to LGNSW can be carried out.

 

 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                     13 October 2016

GM16/15      Review of s355 Committees and appointment of Councillors

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              1.       Cultural Reference Group

2.       Library and Gallery Planning Advisory Group

3.       Multicultural Advisory Committee

4.       Yandaarra Advisory Committee

5.       Destination Coffs Coast Committee

6.       Floodplain Risk Management Committee

7.       Coastal and Estuary Management Committee

8.       Heritage Executive Committee

9.       Koala Management Advisory Committee

10.     Access Advisory Committee

11.     CBD Masterplan Committee

12.     Destination Coffs Coast Committee Nominations - Confidential (a)

Confidential in accordance with Section 10A(2)(a) of the Local Government Act as it contains personnel matters concerning particular individuals (other than Councillors).  

 

EXECUTIVE SUMMARY

At the Ordinary Council meeting following a Local Government Election, Council is required to nominate Councillors to the various committees that have Councillor representation.  Following the 2016 election, a review has been undertaken of the Section 355 and other committees and this report serves to appoint Councillors to the various committees and endorse the relevant Terms of Reference (ToR) and delegations of the committees.

 

Recommendation:

That Council:

1.   Endorse the Terms of Reference attached for:

1.1.    Cultural Reference Group

1.2.    Library and Gallery Planning Advisory Group

1.3.    Multicultural Advisory Committee

1.4.    Yandaarra Advisory Committee

1.5.    Destination Coffs Coast Committee

1.6.    Floodplain Risk Management Committee

1.7.    Coastal and Estuary Management Committee

1.8.    Heritage Executive Committee

1.9.    Koala Management Advisory Committee

1.10.  Access Advisory Committee

1.11.  CBD Masterplan Committee

2.       Confirm the structure and delegations for the commitees as per the tables below

3.       Appoint Councillors to the committees as per the tables below, with the voting method to be determined by Council.

 

S355 Committee Name

s377 Delegations

Councillor positions

Australia Day & Special Events Committee

To undertake the organisation of the Australia Day event, including the calling of nominations for the various Australia Day awards and subsequent determination of awardees.

·    Mayor

·    Cr

Access Advisory Committee

The AAC has delegation to provide advice on the strategic direction of accessibility issues.

·    Cr

Cultural Reference Group

N/A

·    Cr

Library and Gallery Planning Advisory Group (LGPAG)

N/A

·    Cr

·    Cr

·    Cr

Multicultural Reference Group

To provide advice on the strategic direction of multiculturalism.

·    Cr

Yandarra Aboriginal Consultative Committee

To provide advice on the strategic direction regarding local Aboriginal communities.

·    Cr

Destination Coffs Coast Committee

To provide advice on the strategic direction of tourism to Council, advocate on behalf of the tourism industry and to provide industry development initiatives for the tourism industry.

To provide media statements on tourism related issues (the Chair and Vice Chair only).

·    Cr

Floodplain Risk Management Committee

To provide strategic advice regarding the impact of flooding and to reduce private and public losses resulting from floods, in particular:

·    Preparation of Floodplain Management Studies and Plans for the Coffs Harbour LGA.

·    Act as both a focus and forum for the discussion of technical, social, economic, environmental and cultural issues and for the distillation of possibly differing viewpoints on these issues into relevant Floodplain Management Studies and Plans.

·    Cr

·    Cr

Performance Review Panel General Manager

To facilitate the formal review of the perofrmance of the General Manager and to make all determinations arising from the conduct of the General Manager's performance review process.

·    Mayor

·    Deputy Mayor

·    Cr

·    Cr appointed by the GM (prior to panel convening)

Coastal & Estuary Management Advisory Committee

To provide strategic advice regarding coastal and estuary management issues, in particular:

·    Assistance in preparation of Coastal Zone Management Plans for the Coffs Harbour LGA.

·    Act as both a focus and forum for the discussion of technical, social, economic, environmental and cultural issues and for the distillation of possibly differing viewpoints on these issues into relevant Coastal Zone Management Plans.

·    Cr

·    Cr

CBD Masterplan Committee

·    To expend funds allocated to the City Centre Masterplan Committee by Council within the approved ‘activation’ budget for day to day expenses in accordance with Council’s adopted procurement policy.

·    To recommend to Council the expenditure of funds in accordance with the works and projects in the adopted Coffs Harbour City Centre Master Plan.

·    To establish sub-committees as deemed appropriate.

·    To promote the advantages of the City Centre inside and outside the area, including making press releases and promoting the City Centre Masterplan Project.

·    To raise funds other than rates and loans to fund the objectives of the Committee.

·    To expend funds raised outside of Council as the Committee deems appropriate, e.g. promotions, entertainment etc.

·    Mayor

Koala Plan of Management Advisory Committee

To provide strategic advice on koala management topics, in particular:

·    Preparation of koala management studies and plans and research projects for the Coffs Harbour LGA.

·    Acting as both a focus and forum for the discussion of technical, social, economic, environmental and cultural issues and for the distillation of possibly differing viewpoints.

·    Cr

Environmental Levy Committee

N/A (Delegations will be reviewed as part of the program and ToR review as per Council’s resolution on 11 Aug 2016)

·    Mayor

·    Cr

·    Cr

Heritage Executive Committee

To provide strategic advice regarding heritage conservation and in particular to:

·    assist with the identification of heritage items in the Coffs Harbour local government area;

·    advise Council and the community on planning, management & promotion of the City’s heritage resources;

·    actively promote heritage conservation; and

·    advise on the merit of individual Local Heritage Fund applications.

·    No Councillor positions

 

S355 Facility Management Committee

s377 Delegations

Councillor positions

Facilities are:

·      Ayrshire Park

·      Bayldon Community Centre

·      Coramba Community Hall

·      Eastern Dorrigo & District Showground & Hall

·      Lowanna Community Hall

·      Lower Bucca Community Hall

·      Nana Glen Sport Recreation & Equestrian Centre

·      Woolgoolga Community Village

·    To provide a quality facility for the community and visitors;

·    To recommend to Council programs and budgets for the operation of the facility; and

·    To manage the facility on a day to day basis in accordance with adopted policy, procedure, program and budget

·    No Councillor positions

Jetty Memorial Theatre (JMT) Management Committee

·    To review progress of the JMT Strategic Plan 2013-2018 against its outlined Key Performance Indicators

·    Prioritise and make recommendations on the maintenance spend annually.

·    Oversee the JMT trust fund

·    No Councillor positions

 

Committees established under legislation

Councillor positions

Governance & Audit Committee

·    Cr

Coffs Harbour Airport Emergency and Security Committee

 

(Due to the common membership of both committees the Coffs Harbour Regional Airport has established a joint emergency and security committee )

·    Mayor (or their delegate)

Local Traffic Committee

·    Cr

Local Emergency Management Committee (LEMC)

·    Mayor (as observer)

Joint Regional Panning Panel (Northern Region)

·    Mayor

·    Deputy Mayor

·    Alternate member Cr

 

Committees external to Council

Councillor positions

Airport Focus Group

·    The Mayor (or their delegate)

Coffs Coast Regional Park Trust

 

(Four Councillors are to be nominated, the Minister makes the selection)

·    Cr

·    Cr

(One Cr is to be female as directed by the minister).

 

Councillors nominated are submitted to the National Parks and Wildlife for Minister approval.

Mid North Coast Bush Fire Management Committee

·    Cr

Mid North Coast Regional Arts Board

·    Cr

Solitary Islands Marine Park Advisory Committee

·    Cr

 

4.       Correspond with the members of the outgoing Stadium Focus Group to extend appreciation for their service to Council and the Stadium's development.

5.       Considers nominations received for the Destination Coffs Coast Committee and move the motion as detailed in the confidential attachment.

 

Report

Description of Item:

The actual method of appointing councillors is not determined by the Act, Regulation or Council policy. Previously, this process has been conducted by open vote where there are more nominations for the positions available on the various committees.

A full review has been conducted of the committees with the following outcomes:

·     Previously the Orara Valley River Care Groups Management Committee (previously listed as the Orara River Restoration Project Management Committee) was considered a s355 Committee. However upon review it was determined that it was an incorporated association and therefore is no longer considered a s355 committee. We have commenced work on formulating Memorandums of Understanding (MOU) with this group, this will be brought back in a report to Council and at that time Councillor representatives will be sought.

·     COFFSAC is also an incorporated association who undertake specific activities on behalf of Council.  COFFSAC have advised they are considering their future at their upcoming AGM in late October, and a report shall be bought back to Council after that advice has been received.

·     The C.ex Coffs International Stadium Focus Group met on 6 June 2016 and agreed that the current group is not productive or effective under its existing framework. Given Council’s broader events focus and the maturity of the venue, the focus group will not be reformed.

·     Council is developing, reviewing, updating and documenting terms of references (ToR) for all s355 committees. These ToR are developed by staff in consultation with current committee members. Some of these are complete and attached to this report. There are a number that are outstanding as they are still under consideration. These will all be presented to council for endorsement at a future meeting.

·     The following committees have ceased since last Local Government Election:

Woolgoolga Business Lands Working Group

Graffiti Removal and Street Art Awareness Committee

Coffs Harbour Bicycle Users Group

Transport Working Group

It should also be noted that this report also includes the confirmation of industry nominations for vacancies on the Destination Coffs Coast Committee.  In this regard the confidential attachment to this report outlines the nomination process together with assessment of candidates.

Options:

It is considered that the following options are available to Council:

1.   Adopt the recommendation provided to Council.

2.   Amend the recommendation provided to Council and then adopt.

3.   Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

The environmental focus is the specific objective of several committees eg. The Environmental Working Group, but all committees are obliged to take a sustainability approach.

•     Social

Various committees focus on social objectives, such as the Sports, Tourism and community facilities committees.

The care, control and management of these local community facilities by local residents and local community groups enables a sense of community ownership, community involvement and development and overall community well being. The advice provided by the various advisory committees is invaluable as a consultative and information mechanism.

•     Civic Leadership

Councillor participation in committees is consistent with the 2030 plan strategy LC2.2.1 Enable and support all levels of government to serve the local community.

•     Economic – Broader Economic Implications

Advisory committees have a role to play in identifying income sources such as grants, fees and the like and likely expenditure that Council will become involved to meet the state objectives of the committee. These committees make recommendations to Council for adoption and implementation.

Management committees are generally formed to manage, on behalf of Council, a facility or service in the interest of the user and community at large. These committees are involved in the day to day management and are also delegated certain functions of the General Manager to allow them to ensure the facility or service meets Council’s expectations. These committees report annually to Council on their performance.

•     Economic – Delivery Program/Operational Plan Implications

These committees strive to be self-funding but most require a contribution from Council and this is resolved within Council’s Operational Plan and budget setting process. Most committees involve Council in technical, secretarial or administration costs.

Risk Analysis:

There is minimal risk relating to the appointment of Councillors to committees.

Consultation:

Consultation has occurred and continues to occur with various stakeholders involved in each of these committees.

Related Policy, Precedents and / or Statutory Requirements:

There are several types of committees, namely, advisory and working group committees, facility management committees, outside committees and organisations where council isrepresented and committees established under Government Legislation.

The following statutory requirements of the Local Government Act 1993 are applicable

Section 355 How does a council exercise its functions?

A function of a council may, subject to this Chapter, be exercised:

a)   by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

b)   by a committee of the council, or

c)   partly or jointly by the council and another person or persons, or

d)   jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

e)   by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).

Section 377 General power of the council to delegate

The delegations if required, for each s355 committee are included as part of the table in the recommendation attached to this report.

Implementation Date / Priority:

Immediate

Conclusion:

That Council endorses this report.

 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


 


Ordinary Council Meeting Agenda                                                     13 October 2016

GM16/16      Notice of Draft Policy to be Placed on Public Exhibition - Councillor Expenses and Facilities Policy

Author:                        Group Leader Governance

Authoriser:                  General Manager

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              1.  Councillor Expenses and Facilities Policy  

 

EXECUTIVE SUMMARY

This report also advises Council and the community of the public exhibition of the draft Councillor Expenses and Facilities policy.

 

The purpose of this policy is to ensure there is accountability and transparency in the reimbursement of expenses incurred by Councillors.  The policy also ensures that the facilities provided to assist Councillors in carrying out their civic duties are reasonable and meet the expectations of the local community.

 

 

Recommendation:

That Council:

1.       In accordance with Section 253(5) of the Local Government Act 1993, give public notice of its intention to adopt the Councillor Expenses and Facilities Policy as attached and allow at least 28 days for the making of public submissions.

2.       Consider a further report on this matter at the conclusion of the exhibition period and following consideration of any submissions received.

 

Report

Description of Item:

Council is required to adopt a policy concerning the payment of expenses incurred by, and the provision of facilities to, the Mayor and Councillors in relation to discharging the functions of civil office.  This policy must be adopted within 12 months of the commencement of a new council, in accordance with Section 252 of the Local Government Act 1993 (the Act).

 

This report contains that policy as an attachment and is giving notice of the public exhibition period.

Issues:

The amendments made to this policy for 2016 are minor in nature and relate to the monetary amounts in accordance with CPI or Australian Taxation Office (ATO) determinations.  However due to the recent Local Government Election, it is considered prudent to seek community input by placing the policy on public exhibition for 28 days in accordance with s253(1) of the Act.

 

It should be noted that this policy does not deal with matters associated with the setting and payment of Councillors’ annual fees.  This is normally carried out around June each year following the determination of the Local Government Remuneration Tribunal.

 

Options:

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation and/or the policy provided to Council and then adopt without public exhibition in accordance with s253(3) of the Act or alternatively request the policy be brought back to Council whether submissions are received or not.

3.    Reject the recommendation and the policy provided to Council. Note this would potentially put Council in breach of s252 of the Act.

Sustainability Assessment:

•     Environment

This is not applicable to this report.

•     Social

This is not applicable to this report.

•     Civic Leadership

The purpose of Council policies are to ensure transparency and accountability in local government. The implementation enables Council to identify and respond to the community.  This is consistent with the Coffs Harbour 2030 Community Strategic Plan - Strategy LC3.1 Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour.

•     Economic – Broader Economic Implications

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

•     Economic – Delivery Program/Operational Plan Implications

The budget includes allocations to account for the expenses included within the policy.  If Council requires any amendments to the policy relating to payment of expenses, the impact of these changes on the 2016/17 adopted budget will need to be considered.

 

The ongoing development and review of Council policies and plans are accommodated within Council’s budget structure. This expenditure is monitored through Council’s monthly and quarterly budget reviews.

Risk Analysis:

Not applicable to this report.

Consultation:

This report seeks Council endorsement of community consultation through public exhibition.

Related Policy, Precedents and / or Statutory Requirements:

This policy is made under the Local Government Act 1993, in accordance with sections 252 and 253, as well as clause 403 of the Local Government (General) Regulation 2005.

 

In accordance with Section 252 of the Local Government Act 1993, (the Act) Council is required within the first 12 months of the term of a new Council to review and adopt a policy concerning the payment of expenses incurred by, and the provision of facilities to, the Mayor and Councillors in relation to discharging the functions of civil office.

 

A policy under this section must comply with the provisions of the Act, the regulations and any relevant guidelines issued under section 23A of the Act.

 

Section 253 (Public notice of proposed policy or amendments concerning expenses and facilities) states:

 

(1)     A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.

 

(2)     Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.

 

(3)     Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.

Implementation Date / Priority:

Implementation is to be immediate after adoption.

Conclusion:

In accordance with the Local Government Act 1993 s252-253, Council adopt in principle the attached Councillor Expenses and Facilities Policy for the purpose of placement on public exhibition seeking submissions.

 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                                               13 October 2016


Ordinary Council Meeting Agenda                                                     13 October 2016

GM16/17      2016 Disclosure of Interest by Councillors and Designated Persons

Author:                        Group Leader Governance

Authoriser:                  General Manager

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              Nil

 

EXECUTIVE SUMMARY

Section 449(3) of the Local Government Act 1993 requires Councillors (and designated persons) who hold that position on 30 June in each year to lodge a “Disclosures by Councillors and Designated Persons Return”. All Councillors who held office at 30 June and designated persons, should have lodged such a return with their General Managers by 30 September 2016. Under the Act, these returns are to be tabled at the first Council meeting following the last day for lodgement.

 

 

Recommendation:

That Council:

Note the Register of Disclosures by Councillors and designated persons for the period July 2015 – June 2016, as tabled

 

 

Report

Description of Item:

To table the Register of Returns received in accordance with s450A Local Government Act

(1993).

 

Designated persons identified by Council include the General Manager, all Directors and Managers, staff authorised to order goods over $20,000, staff involved in strategic planning, staff involved in assessing/issuing consents to development applications, staff involved in compliance activities or the issuing of orders and staff involved in contractual functions.

Issues:

A register containing all disclosures will be tabled at this meeting for inspection by any Councillors.

Options:

Adopt the recommendation provided to Council.

Sustainability Assessment:

•     Environment

This is not applicable to this report.

•     Social

This is not applicable to this report.

•     Civic Leadership

The purpose of these provisions is to ensure transparency and accountability in local government decision making. This is consistent with the Coffs Harbour 2030 Community Strategic Plan strategy LC3.1 Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour.  The obligations upon Councillors, General Manager, Senior Staff and other designated persons are as much a protection for them as it is for the community in the review of Council’s decisions, and one of the important mechanisms in enhancing public confidence in local administration.

•     Economic – Broader Economic Implications

This is not applicable to this report.

•     Economic – Delivery Program/Operational Plan Implications

This is not applicable to this report.

Risk Analysis:

This is not applicable to this report.

Consultation:

This is not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

Sections 449 and 450A of the Local Government Act 1993 cover the compulsory lodgment of pecuniary interest annual returns. The Act details specific responsibilities of the General Manager in relation to the collection, reporting, tabling and public accessibility of the returns.

Implementation Date / Priority:

Implementation is immediate.

Conclusion:

That the tabling of the Disclosure of Interest returns for 2016 be noted.

  


Ordinary Council Meeting Agenda                                                     13 October 2016

BS16/34       Certification of Annual Financial Statements 2015-16

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              1.  General Purpose Financial Statemets 2015-16

2.  Special Purpose Financial Statements 2015-16

3.  Special Schedules 2015-16  

 

EXECUTIVE SUMMARY

Draft financial statements are required to be certified to meet legislative requirements in relation to the completion and audit of the annual Financial Statements for 2015-16.

 

 

Recommendation:

That Council approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms for 2015-16 for completion by the designated signatories.

 

 

Report

Description of Item:

Tabled at this meeting are the annual Financial Statements (which includes General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules) for 2015-16.

 

Included are two statements:

 

1.       General Purpose Financial Statements – Statement by Councillors and Management, and

2.       Special Purpose Financial Statements – Statement by Councillors and Management,

 

which are required to be signed prior to the submission of the statements to the Office of Local Government. The auditor does not provide his audit reports (which also are required to be included in the statements sent to the Division of Local Government), until he receives signed copies of the statements.

 

Sections 413 to 416 of the Local Government Act require audit completion of the annual Financial Statements by 31 October and included in the Annual Report of Council. Signed copies of the statements will be provided to the auditors.

 

A full set of audited Financial Statements and a report reconciling them to the budget position and providing explanations of variances will be provided at 27 October 2016 Ordinary Council meeting.

Issues:

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

Options:

This report is to enable Council to ‘certify the annual Financial Statements for 2015-16. This is required by legislation and therefore is the only option available to Council.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

There are no perceived current or future civic leadership impacts.

•     Economic – Broader Economic Implications

There are no perceived current or future economic impacts.

•     Economic – Delivery Program/Operational Plan Implications

Costs for preparation of the annual Financial Statements are allocated within the Financial Services budget cost centre.

Risk Analysis:

A risk assessment has been carried out and it is considered that endorsement of the recommendation does not present a risk to Council.

Consultation:

The draft Financial Statements were collated with the assistance of various Council staff members in conjunction with Thomas Noble & Russell (Council’s external auditors).

Related Policy, Precedents and / or Statutory Requirements:

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

 

The financial statements have been prepared in accordance with:

 

1.       The Local Government Act 1993 and amendments

2.       Local Government Regulations

3.       Australian Accounting Standards (AASBs)

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

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

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

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

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

9.       Council’s policies and procedures

Implementation Date / Priority:

The draft Financial Statements will be authorised for issue within statutory timelines.

Conclusion:

This report provides Council with the draft Financial Statements for the 2015-16 financial year. Once audited, the final Financial Statements will be presented to Council with further analysis.

 


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Ordinary Council Meeting Agenda                                                     13 October 2016

BS16/35       Contract No. RFT-763-TO Coffs Harbour Regional Airport Terminal Expansion

Author:                        Manager Airport

Authoriser:                  Director Business Services

Coffs Harbour 2030:   MA1 We have an integrated, accessible and environmentally-friendly mixed mode transport system servicing the region

Attachments:              1.  Tender Assessment Contract No. RFT-763-TO Coffs Harbour Regional Airport Terminal Expansion - Confidential (d)(i),(d)(ii),(d)(iii)

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

 

EXECUTIVE SUMMARY

Coffs Harbour Regional Airport successfully applied for $5.1 million funding under the Restart NSW Regional Tourism Infrastructure Fund (RTIF) to enable upgrade and improvement works to the Coffs Harbour Regional Airport to cater for current and future growth. Part of the funds will be used to extend the arrivals area and include additional amenities and a new baggage carousel to meet projected peek hour demand. 

 

In addition the check-in area of the departures concourse will be expanded by approximately 25% to provide two additional check-in counters and new airline lounges, offices and airline staff facilities will also be constructed.

 

This report seeks approval of the tender to allow these works to progress.

 

 

Recommendation:

That Council considers tenders received for Coffs Harbour Regional Airport Terminal Expansion, Contract No. RFT-763-TO, and move the motion as detailed in the confidential attachment.

 

 

Report

Description of Item:

Coffs Harbour Regional Airport is one of the largest and busiest regional airports in New South Wales.  The Terminal Expansion Project will be significantly funded by NSW Infrastructure through the Regional Tourism Infrastructure Fund.  This funding will allow us to proceed with planned upgrade works which were not yet budgeted for.  Open tenders were called for a Lump Sum contract in local and capital city newspapers and via Council’s electronic Tenderlink portal.  The deadline for submission of tenders was 3.30pm on Tuesday, 6 September 2016.

 

Tenders were evaluated on the following criteria:

·    Tender price.

·    Capability.

·    Relevant Experience.

·    Methodology.

·    Quality & Safety.

 

Five tenders were received from the following companies and they all conformed to tender document requirements:

 

1.   Edwards Constructions (NSW) Pty Ltd

2.   FM Glenn Pty Ltd

3.   M & K Construction Group Pty Ltd

4.   Patterson Building Group Pty Ltd

5.   St Hilliers Property Pty Ltd

Issues:

There are no issues relevant to this matter.

Options:

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

1.       Adopt the recommendation provided to Council found within the Confidential Attachment, allowing works to progress in a timely manner.

2.       Amend the recommendation to adopt the tender of the alternate contractor. However, this would pose certain contractual issues associated with the tendering process.

Sustainability Assessment:

•     Environment

A statement of environmental effects has been provided by the consultant indicating that  the proposed building alterations and additions will have no adverse effects on the site or other land in the locality during and after construction.  The development will have no long term effects on the environment and will not cause any environmental impact on the ecosystems in the locality.  Adequate services are available to the site and the development will not cause any pollution of the environment.  There will be no significant increase in traffic flows as a result of the terminal expansion.

•     Social

The social benefit of the project is the continued use of the Airport and allowing for growth into the future.  The project will enhance Coffs Harbour’s reputation as a destination and a strong regional centre.

•     Civic Leadership

Coffs Harbour City Council is the owner and operator of the Coffs Harbour Regional Airport.  It is therefore Council’s responsibility to ensure its continued and efficient operation.  The project is consistent with Council’s 2030 Strategic Plan, particularly objective MA1 We have an integrated, accessible and environmentally-friendly mixed mode transport system servicing the region.

•     Economic – Broader Economic Implications

The Coffs Harbour Regional Airport is an integral transport hub for the region and continued growth and improvements are necessary to meet the growing demand for air travel to this area.

 

The effective operation of the airport is a major factor in the economic status of the Coffs Harbour community and the tourism industry relies heavily on airline travel for overseas, interstate and intrastate visitors. The business and commercial communities also rely on air travel to and from Coffs Harbour.

 

A functional airport is vital for any thriving regional centre.

•     Economic – Delivery Program/Operational Plan Implications

Approximately 80% of the project will be funded by the Regional Tourism Infrastructure Fund with the remaining 20% being funded through the Airport’s budget.

Risk Analysis:

We have a robust business planning system in place, as such, there is no additional risk to Council associated with this contract.

Consultation:

Consultation with an appropriately qualified consultant was undertaken during the calling and assessment of tenders.

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures were carried out in accordance with Council’s Policy. Council’s Tender Value Selection System was applied during the tender review process to determine the most advantageous offer. Council’s policy is that the tender with the highest weighted score becomes the recommended tender.

 

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

Implementation Date / Priority:

Subject to approval the contractor has indicated a starting date of late October 2016.

Conclusion:

Timely approval of this project will enable Council to undertake the works in accordance with the conditions of the Restart NSW Funding Deed.

  


Ordinary Council Meeting Agenda                                                     13 October 2016

SI16/35         Reserve Naming Application - Len Towells Oval

Author:                        Recreation and Open Space Officer

Authoriser:                  Director Sustainable Infrastructure

Coffs Harbour 2030:   PL2 Our public spaces are enjoyed by all our people

Attachments:              1.  Submissions & Petition received - Confidential (a)

Confidential in accordance with Section 10A(2)(a) of the Local Government Act as it contains personnel matters concerning particular individuals (other than Councillors).  

 

EXECUTIVE SUMMARY

Council adopted the Reserve Naming and Memorial Policy on 23 July, 2015.

 

This Policy provides for the naming of fields within sports complexes after significant individuals or families in accord with criteria detailed in the Policy.

 

Council has received an application to re name the Nana Glen Sportsground after the late Len Towells, a long time resident. The proposal seeks to rename the sportsground the “Len Towells Oval". The application was supported by  a petition of over 500 signatories

 

Staff have assessed the application and consider that the late Mr Len Towells fulfills the requirements of the Policy. In accord with Policy the proposed name has been advertised and submissions invited from the community

 

One submission was received.

 

This report recommends that Council adopt the proposal to rename the Nana Glen Sportsground the “Len Towells Oval”.

 

Note that installation of a naming sign will be dependent on funding becoming available. Alternatively the applicant can choose to fund the sign if they wish it to be installed more immediately.

 

 

Recommendation:

That Council adopt the proposal to rename the Nana Glen Sportsground as the "Len Towells Oval” and that the reserve be signed accordingly, pending funding.

 

 

Report

Description of Item:

Council adopted the Reserve Naming and Memorial Policy on 23 July, 2015.

 

The Policy defined a number of criteria that applicants would need to address for a person to be considered for perpetual recognition on signage.

 

Council has received an application to name the sportsground at the Nana Glen Sportsground after the late Len Towells, a long time resident. The proposal seeks to rename the sportsground as follows the “Len Towells Oval. The application was supported by a petition of over 500 signatories.

 

Mr Towells was a long term resident of Nana Glen and throughout his life made an outstanding contribution to club cricket in the Orara Valley. Over his 60 year association with the Nana Glen Cricket Club he committed countless hours of his personal time preparing the cricket grounds and supporting the Club., donating generously of both his time and money. He was instrumental in ensuring the continued existence of the Club. It is considered appropriate to acknowledge these contributions through memorial recognition at his home ground.

 

Council has assessed the merits of the proposal and confirmed family support for the proposal. The proposal was accompanied by a petition of over 500 signatures.

 

The propsoal was placed on public exhibition and submissions invited from the community. One supporting submission was received.

 

·        Issues:

 

Mr Towells made an outstanding contributions to club cricket in the Orara Valley and the prorposed renaming accords with the requirements of the Policy. During the exhibition period no submissions opposing either proposal were received. On this basis it is considered that there are no substantive issues with the naming proposal as recommended.

 

·        Options:

 

1.       Adopt the recommendation provided to Council.

2.       Modify the recommendation if Councillors wish to propose an alternate name or location to honour Mr Len Towell. Any major departure from the current proposal may require new community consultation

3.       Reject the recommendation if Councillors do not wish to proceed with the proposal.

 

Sustainability Assessment:

 

·        Environment

 

This is not applicable to this report.

 

·        Social

 

The naming of places after significant individual or families within a community preserves and builds local identity and creates a sense of continuity and place. It satisfies the communities to desire to remember and honour those that have gone before.

 

·        Civic Leadership

 

The purpose of Council policies is to ensure transparency and accountability in local government. The proposal has been assessed in accordance with the Reserve Naming and Memorial policy.

 

·        Economic

 

Broader Economic Implications

 

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

 

Delivery Program/Operational Plan Implications

 

There are no Delivery Plan implications associated with adopting the recommendation. Replacement of the signage to reflect the recommendation however will cost approximately $1500. There is currently no allocation within the 16/17 financial program for upgrading signage at the Nana Glen Sportsground.  Manufacture and installation of the sign would need to be considered within future funding cycles. Alternately the Policy provides that applicants may fund the sign themselves if they desire a more immediate response.

 

Risk Analysis:

 

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

 

Consultation:

 

Internally consultation has occurred with Stadium and Major Events Section.

 

As per this Policy the proposals were placed on public exhibition.. At the conclusion of the exhibition period (1) submission was received. Details of the submissions and the issues raised are included in the Table below.

 

Submission Comment

Response

Submission acknowleding Mr Toiwells contribution to cricket and suppporting the proposal.

Noted

 

Related Policy and / or Precedents:

 

The proposal is considered to be consistent with the intent of Reserve Naming and Memorial Policy.

 

Statutory Requirements:

 

This is not applicable to this report.

 

Implementation Date / Priority:

 

Implementation is immediate

 

Conclusion:

 

It is recommended that Council adopt the proposal to rename the Nana Glen Sportsground the “Len Towells Oval”.

 

 


Ordinary Council Meeting Agenda                                                     13 October 2016

SI16/36         Traffic Committee Meeting No. 5/2016

Author:                        Team Leader Strategic Asset Management

Authoriser:                  Group Leader Financial services and logistics

Coffs Harbour 2030:   MA2 We have a system of well-maintained and safe roads for all users

Attachments:              1.  Electronic Minutes - Traffic Committee Meeting 5/2016

2.  Traffic Instruments - Traffic Committee Meeting 5/2016  

 

EXECUTIVE SUMMARY

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for approval of four items pertaining to approval for three events, and one regulatory signs and lines plan approval.

 

 

Recommendation:

T.64- No Parking – 35a Lawson Crescent Coffs Harbour 6105667

That approval be given for the 8.0m parking space between the two driveways be line marked as a No Stopping zone at 35A Lawson Crescent Coffs Harbour, as per plan T.64-2016.

 

T.65 - Australian Oztag - National Junior Oztag Championships - 14-16 October 2016

That approval be given to temporarily reduce the speed zone in Stadium Drive from 60km/h to 40km/h and no right turn from the stadium access road and Phil Hawthorn Drive onto Stadium Drive for the Australian Oztag - National Junior Oztag Championships - 14-16 October 2016 subject to the following:

1.       A current insurance Certificate of Currency for a minimum insured amount of $20,000,000 and noting the Coffs Harbour City Council as an interested party for the event be submitted by 3 October 2016.

2.       NSW Police approval is obtained by 3 October 2016.

3        The submission and approval of relevant Council event application/s and compliance with any conditions imposed therein.

4.                Where a Traffic Management Plan is deemed required by Council, Local Traffic Committee advice is sought for the event Traffic Management Plan prior to approval of traffic control devices.  This includes a Risk Management Plan and Traffic Control Plan/s.  The following traffic control conditions shall also be observed:

a.       Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.      Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites.

c.       All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

d.      Temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event.  Where local council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

e.       Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons.

5.       Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner.

6.       Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7.       Community and affected business consultation including adequate response/action to any raised concerns.

8.       Arrangements made for private property access and egress affected by the event.

9.       The event organiser notifies local community of the impact of the event/s by advertising in the local paper/s a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

10.     That the applicant organise for the events to be listed on Coffs Harbour City Council website.

 

T.66 – Banana Field Music Festival – Coffs Harbour Racing Club Saturday 29 October 2016

That approval be given for the Banana Field Music Festival, to be held from 11:30am – 10:00pm on 29 October 2016 at the Coffs Racing Club, Howard Street, Coffs Harbour, subject to the following conditions:

1.       A current insurance Certificate of Currency for a minimum insured amount of $20,000,000 and noting the Coffs Harbour City Council as an interested party for the event be submitted by 3 October 2016.

2.       NSW Police approval is obtained by 3 October 2016.

3        The submission and approval of relevant Council event application/s and compliance with any conditions imposed therein.

4.       Where a Traffic Management Plan is deemed required by Council, Local Traffic Committee advice is sought for the event Traffic Management Plan prior to approval of traffic control devices.  This includes a Risk Management Plan and Traffic Control Plan/s.  The following traffic control conditions shall also be observed:

a.       Traffic Control Plans to include a map indicating any alternative routes required for traffic detours.

b.      Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites.

c.       All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

d.      Temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event.  Where local council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

e.       Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons.

5.       Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner.

6.       Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7.       Community and affected business consultation including adequate response/action to any raised concerns.

8.       Arrangements made for private property access and egress affected by the event.

9.       The event organiser notifies local community of the impact of the event/s by advertising in the local paper/s a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

10.     That the applicant organise for the events to be listed on Coffs Harbour City Council website.

 

T.67 - Proposed Charity Ride - Tour de Coffs - 22-24 October 2016  5407538

That approval be given for the Tour de Coffs charity ride on 22-24 October 2016, subject to the following conditions:

1.       Police approval be sought.

2.       No obstruction to is caused to the movement of pedestrian or vehicular traffic.

3.       Riders to comply with current NSW Road Rules.

4.         The organisers are responsible for the installation and removal of warning signage.

 

 

Report

Description of Item:

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for approval of four items pertaining to three upcoming events, and one approval for a regulatory signs and lines plan:

1.       Request from the owners 35A Lawson Crescent Coffs Harbour on behalf of the transport company leasing their industrial building for a No Parking zone to be installed to make it safer for semi-trailers to reverse into the property.

2.       The National Junior Oztag Championships will be holding its annual event at the C.ex Coffs International Stadium on Stadium Drive. They require approval to reduce the speed zone in Stadium Drive from 60km/h to 40km/h and no right turn from the stadium access road and Phil Hawthorn Drive onto Stradium Drive during the event

3.       The organisers of the Banana Field Music Festival is holding an event to take place at Coffs Racing Club, Howard Street, Coffs Harbour on Saturday, 29 October 2016. They require approval for changed traffic conditions on Hogbin Drive and Howard Street during the event times.

4.       Reqest for approval of a proposed charity ride on the 22, 23, 24 October 2016 organised by the Dorrigo Urunga Bellingen Bicycle Users Group to raise funds for a local young man - Jake Brooke victim of a “one punch”.

 

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for approval of these four items

 

Issues:

Council should note carefully the recommendations of the LTC as they relate to the authorisation of traffic control facilities and prescribed traffic control devices with the aim to improve road safety and traffic management on local roads.

Options:

Council’s delegation under the Roads Act 1993 requires Council to seek the advice of the NSW Police and the Roads and Maritime Services (RMS) before exercising their delegated functions. This is done via the Local Traffic Committee.

 

In cases where the Local Traffic Committee advice is unanimous, and Council intends to follow that advice, Council may authorise the implementation of the facility or device without further notifying the RMS or the NSW Police.

 

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

 

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

 

Council does not need to notify the NSW Police or the RMS if they decide not to proceed with any proposal for any reason.

Sustainability Assessment:

•     Environment

Not applicable.

•     Social

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

•     Civic Leadership

Objective - MA2 We have a system of well-maintained and safe roads for all users

MA 2.2 Facilitate safe traffic, bicycle and pedestrian movement - Provider.

•     Economic – Broader Economic Implications

Not applicable.

 

Delivery Program/Operational Plan Implications

 

Council has an existing budget for minor works associated with traffic improvements.

Risk Analysis:

The risk assessment has identified the following risks associated with the Local Traffic Committee recommendations:

·        That Council fulfill its delegations as a road manager

·        That Council fail to implement risk mitigation measures identified in the Local Traffic Committee meeting

 

To mitigate these risks it is recommended that Council:

·        Consider carefully the recommendations from the Local Traffic Committee following investigation and approval of the Roads and Maritime Services and the Police

·        That Council implement the recommendations to mitigate the road safety risks.

Consultation:

The Local Traffic Committee members’ attendance is listed on the minutes.  Most of the matters raised were requests from the community. Relevant stakeholders were consulted before the Local Traffic Committee meeting.

Related Policy, Precedents and / or Statutory Requirements:

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

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

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

·           Section 53A Part 6 permits RMS to give directions to Councils in relation to RMS functions.

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

Implementation Date / Priority:

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

Conclusion:

Council to confirm Minutes of the formal Traffic Committee Meeting 5/2016.

 


Ordinary Council Meeting Agenda                                          13 October 2016

 

Traffic Committee

Electronic Minutes 23 September 2016

 

 

T.64- No Parking – 35a Lawson Crescent Coffs Harbour 6105667

 

Background:

Request from the owners on behalf of the transport company leasing their industrial building at 35A Lawson Crescent Coffs Harbour for a No Parking zone to be installed to make it safer for semi-trailers to reverse into the property.

 

Summary of Report: 

The transport company has many semi-trailers throughout the day reversing into the property. There is one car parking space (8.0m) between the two driveways, when a vehicle is parked in this space it makes if difficult and unsafe for the semi-trailers to reverse in.

 

Lawson Crescent is an industrial road, 12.4m wide between kerbs.  An onsite inspection revealed that the semi-trailers are unable to make the manoeuvre while a vehicle is parked between the two driveways accessing No. 35A.

 

This was simulated with semi-trailer turning templates to Austroads guideline requirements and revealed the same outcome.

 

The driveway is unable to be widened due to an existing power pole at this location.

 

 

Existing Parking Space


 

 

 

 

Semi-trailer turning template (reverse manoeuvre)

 

 

Recommendation to Committee:

That the 8.0m parking space between the two driveways be line marked as a No Stopping zone.

 

RECOMMENDATION TO COUNCIL:

That approval be given for the 8.0m parking space between the two driveways be line marked as a No Stopping zone at 35A Lawson Crescent Coffs Harbour, as per plan T.64-2016.

 

 

 

 

T.65 - Australian Oztag - National Junior Oztag Championships - 14-16 October 2016

 

Background:

The National Junior Oztag Championships has been held annually in Coffs Harbour since 2014.  C.ex Coffs International Stadium also host three other major Oztag events annually.

 

Summary of Report: 

The National Junior Oztag Championships will be held on 14, 15 &16 October 2016 at the C.ex Coffs International Stadium and Coffs Coast Sport and Leisure Park precinct. Estimated attendance is 10,000 people per day over the three-day event.

 

No road closures are proposed, however it is proposed to reduce the speed zone in Stadium Drive from 60km/h to 40km/h and no right turn from the stadium access road and Phil Hawthorn Drive onto Stradium Drive during the event. As per the below plans.


 

 

 

 

 

 

 


 

Recommendation to Committee:

That approval be given to temporarily reduce the speed zone in Stadium Drive from 60km/h to 40km/h and no right turn from the stadium access road and Phil Hawthorn Drive onto Stadium Drive for the Australian Oztag - National Junior Oztag Championships - 14-16 October 2016 subject to the following:

1.       A current insurance Certificate of Currency for a minimum insured amount of $20,000,000 and noting the Coffs Harbour City Council as an interested party for the event be submitted by 3 October 2016.

2.       NSW Police approval is obtained by 3 October 2016.

3        The submission and approval of relevant council event application/s and compliance with any conditions imposed therein.

4.                Where a Traffic Management Plan is deemed required by council, Local Traffic Committee advice is sought for the event Traffic Management Plan prior to approval of traffic control devices.  This includes a Risk Management Plan and Traffic Control Plan/s.  The following traffic control conditions shall also be observed:

a.       Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.       Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites.

c.       All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

d.       Temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event.  Where local council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

e.       Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons.

5.       Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner.

6.       Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7.       Community and affected business consultation including adequate response/action to any raised concerns.

8.       Arrangements made for private property access and egress affected by the event.

9.       The event organiser notifies local community of the impact of the event/s by advertising in the local paper/s a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

10.     That the applicant organise for the events to be listed on Coffs Harbour City Council website.

 

 


 

RECOMMENDATION TO COUNCIL:

That approval be given to temporarily reduce the speed zone in Stadium Drive from 60km/h to 40km/h and no right turn from the stadium access road and Phil Hawthorn Drive onto Stadium Drive for the Australian Oztag - National Junior Oztag Championships - 14-16 October 2016 subject to the following:

1.       A current insurance Certificate of Currency for a minimum insured amount of $20,000,000 and noting the Coffs Harbour City Council as an interested party for the event be submitted by 3 October 2016.

2.       NSW Police approval is obtained by 3 October 2016.

3        The submission and approval of relevant Council event application/s and compliance with any conditions imposed therein.

4.                Where a Traffic Management Plan is deemed required by Council, Local Traffic Committee advice is sought for the event Traffic Management Plan prior to approval of traffic control devices.  This includes a Risk Management Plan and Traffic Control Plan/s.  The following traffic control conditions shall also be observed:

a.       Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.      Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites.

c.       All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

d.      Temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event.  Where local council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

e.       Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons.

5.       Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner.

6.       Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7.       Community and affected business consultation including adequate response/action to any raised concerns.

8.       Arrangements made for private property access and egress affected by the event.

9.       The event organiser notifies local community of the impact of the event/s by advertising in the local paper/s a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

10.     That the applicant organise for the events to be listed on Coffs Harbour City Council website.

 

 

 

T.66 – Banana Field Music Festival – Coffs Harbour Racing Club Saturday 29 October 2016

Background:

Approval for traffic management plan for the first Banana Field Music Festival is an all ages event which will be taking place at Coffs Racing Club, Howard Street, Coffs Harbour on Saturday, 29 October 2016.

 

Summary of Report: 

The Banana Field Music Festival is to be held from 11:30am–10:00pm on 29 October 2016 at the Coffs Racing Club, Howard Street, Coffs Harbour.  The event organisers propose the use of the neighbouring golf driving range for parking.  Around 3000 people are expected to attend the event on the day, with peak attendance from 11:30am to 2:00pm and 4pm to 5pm.  Vehicles will be directed to a temporary car park entrance in Hogbin Drive adjacent the golf driving range ( similar to Coffs Cup race day arrangements).  Drivers exiting the car park will be prevented from turning right.

 

It is proposed to have temporary No Stopping and No Parking zones on Howard Street to prevent potential congestion.

 

Recommendation to Committee:

Approval for the Banana Field Music Festival, to be held from 11:30am – 10:00pm  on 29 October 2016 at the Coffs Racing Club, Howard Street, Coffs Harbour, subject to the following conditions:

1.       A current insurance Certificate of Currency for a minimum insured amount of $20,000,000 and noting the Coffs Harbour City Council as an interested party for the event be submitted by 3 October 2016.

2.       NSW Police approval is obtained by 3 October 2016.

3        The submission and approval of relevant council event application/s and compliance with any conditions imposed therein.

4.       Where a Traffic Management Plan is deemed required by council, Local Traffic Committee advice is sought for the event Traffic Management Plan prior to approval of traffic control devices.  This includes a Risk Management Plan and Traffic Control Plan/s.  The following traffic control conditions shall also be observed:

a.       Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.       Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites.

c.       All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

d.       Temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event.  Where local council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

e.       Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons.

5.       Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner.

6.       Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7.       Community and affected business consultation including adequate response/action to any raised concerns.

8.       Arrangements made for private property access and egress affected by the event.

9.       The event organiser notifies local community of the impact of the event/s by advertising in the local paper/s a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

10.     That the applicant organise for the events to be listed on Coffs Harbour City Council website.

 

 

RECOMMENDATION TO COUNCIL:

That approval be given for the Banana Field Music Festival, to be held from 11:30am – 10:00pm on 29 October 2016 at the Coffs Racing Club, Howard Street, Coffs Harbour, subject to the following conditions:

1.       A current insurance Certificate of Currency for a minimum insured amount of $20,000,000 and noting the Coffs Harbour City Council as an interested party for the event be submitted by 3 October 2016.

2.       NSW Police approval is obtained by 3 October 2016.

3        The submission and approval of relevant Council event application/s and compliance with any conditions imposed therein.

4.       Where a Traffic Management Plan is deemed required by Council, Local Traffic Committee advice is sought for the event Traffic Management Plan prior to approval of traffic control devices.  This includes a Risk Management Plan and Traffic Control Plan/s.  The following traffic control conditions shall also be observed:

a.       Traffic Control Plans to include a map indicating any alternative routes required for traffic detours.

b.      Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites.

c.       All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

d.      Temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event.  Where local council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

e.       Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons.

5.       Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner.

6.       Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7.       Community and affected business consultation including adequate response/action to any raised concerns.

8.       Arrangements made for private property access and egress affected by the event.

9.       The event organiser notifies local community of the impact of the event/s by advertising in the local paper/s a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

10.     That the applicant organise for the events to be listed on Coffs Harbour City Council website.

 

 

 

T.67 - Proposed Charity Ride - Tour de Coffs - 22-24 October 2016  5407538

 

Background:

Proposed charity ride on the 22, 23, 24 October 2016 organised by the Dorrigo Urunga Bellingen Bicycle Users Group to raise funds for a local young man - Jake Brooke.

 

Summary of Report

Riders will be supported by vehicular backup, satellite communications (satellite phones).  Proposed rest and refreshment stops occur where riders can take advantage of local businesses and small community groups such as Nana Glen, Coutts Crossing and Dundurrabin.

There is no road closures or changed traffic conditions.

Event Location:

Day 1:

Saturday 22 Oct 8:30am-Harbour Drive Coffs Harbour and proceeding by road to Nymboida and finish between 3.00pm -5.00pm via the following Coffs Harbour LGA roads

·    Harbour Drive

·    Hogbin Drive (north)

·    Brunswick Ave

·    Richmond Dr

·    Firman Dr

·    Charlsworth Bay Rd

·    Pacific Hwy

·    Bruxner Park Rd

·    Central Bucca Rd

·    Bucca Rd

·    Orara Way

 

Day 2:

Sunday 23 Oct 8:30am – Nymboida to Dundurrabin to Dorrigo to finish between 3.00pm -5.00pm (Not in Coffs LGA)


 

Day 3:

Monday 24 Oct 9:30am – Dorrigo to Coffs Harbour via Bellingen.

Finish in Coffs Harbour between 3.00pm -5.00pm via the following Coffs Harbour LGA roads:

·    Pine Creek Way

·    Lyons Road

·    Toormina Road

·    Hogbin Drive (south)

·    Albany Street

·    Gordon Street

·    Harbour Drive

 

Recommendation to Committee:

As there are no road closures or changed traffic conditions for the Tour de Coffs charity ride on 22-24 October 2016, approval be granted subject to the following conditions:

1.       Police approval be sought.

2.       No obstruction to is caused to the movement of pedestrian or vehicular traffic.

3.       Riders to comply with current NSW Road Rules.

4.       The organisers are responsible for the installation and removal of warning signage.

 

RECOMMENDATION TO COUNCIL:

That approval be given for the Tour de Coffs charity ride on 22-24 October 2016, subject to the following conditions:

1.       Police approval be sought.

2.       No obstruction to is caused to the movement of pedestrian or vehicular traffic.

3.       Riders to comply with current NSW Road Rules.

4.         The organisers are responsible for the installation and removal of warning signage.

 

 


Ordinary Council Meeting Agenda                                                       13 October 2016

 


Ordinary Council Meeting Agenda                                                     13 October 2016

T16/10          TRUST REPORT - Coffs Coast State Park Trust and Woolgoolga Beach Reserve Trust Certification of Annual Financial Statements 2015-16

Author:                        Manager Holiday Parks and Reserves

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              1.  Coffs Coast State Park Trust Financial Statements 2015-16

2.  Woolgoolga Beach Reserve Trust Financial Statements 2015-16

3.  Trust Declaration  

 

 

EXECUTIVE SUMMARY

Draft financial statements to be certified to meet legislative requirements in relation to the completion and audit of the Coffs Coast State Park Trust and Woolgoolga Beach Reserve Trust (dissolved) annual Financial Statements for 2015-16.

 

 

Recommendation:

That Council as Corporate Manager of the Coffs Coast State Park Trust, approve for completion by the designated signatories, the Trust and Management forms for the 2015-16 Coffs Coast State Park Trust and Woolgoolga Beach Reserve Trust (dissolved) Special Purpose Financial Statements.

 

 

Report

Description of Item:

Tabled at this meeting are the annual Financial Statements (Special Purpose Financial Statements) for 2015-16.

 

Included are two statements for:

 

1.       The Woolgoolga Beach Reserve Trust up until the dissolution of the Trust on 11 March 2016,  and

2.       The Coffs Coast State Park Trust (including consolidation of financials from the Woolgoolga Beach Reserve Trust after 11 March 2016)

 

which are required to be authorised prior to sign off by the Auditors and the subsequent submission of the statements to the Department of Industry - Lands. The auditor does not provide his audit reports (which also are required to be included in the statements sent to the Department of Industry - Lands), until they receive signed copies of the statements and the Trusts declaration.

 

Section 122 of the Crown Lands Act requires audit completion of the Annual Financial Statements. Signed copies of the statements will be provided to the auditors to enable completion of the audit prior to forwarding the statements to the Department of Industry - Lands.

 

A full set of audited Financial Statements and a report will be provided to the Trust at the completion of the financial audit.

Issues:

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

 

The Woolgoolga Beach Reserve Trust was dissolved on 11 March 2016 and the Woolgoolga Beach Reserve was gazette as part of the Coffs Coast State Park commencing 12 March 2016. The financial statements reflect these changes.

Options:

This report is to enable the Trust to ‘certify’ the annual Financial Statements for 2015/2016. This is required by legislation and therefore is the only option available to the Trust.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

There are no perceived current or future civic leadership impacts.

•     Economic – Broader Economic Implications

There are no perceived current or future economic impacts.

•     Economic – Delivery Program/Operational Plan Implications

Costs for preparation of the annual Financial Statements are allocated within the Trusts budget programs.

Risk Analysis:

A risk assessment has been carried out and it is considered that endorsement of the recommendation does not present a risk to the Trust.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

The Financial Statements are prepared and presented on an annual basis in accordance with statutory and regulatory requirements. The financial statements have been prepared in accordance with:

 

1.       Australian Accounting Standards (AASBs)

2.       Crown Lands Act,section122

Implementation Date / Priority:

The annual Financial Statements will be authorised for issue within statutory timelines.

Conclusion:

This report provides the Coffs Coast State Park Trust with the draft Financial Statements for the 2015-16 financial year. Once audited, the final Financial Statements will be presented to the Trust with further analysis.

 

 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                       13 October 2016


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                       13 October 2016


Ordinary Council Meeting Agenda                                                     13 October 2016

T16/11          TRUST REPORT - Lease to Council - Woolgoolga Community Centre - Reserve 1002841

Author:                        Section Leader Logistics

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LP5 We share the aspirations, knowledge, skills and history of all in our community

Attachments:              1.  Woolgoolga Community Centre - Reserve 1002841 Map  

 

 

EXECUTIVE SUMMARY

Council is the Corporate Manager of the Reserve Trust for Reserve No. 1002841, being the property where the Woolgoolga Library and Croquet Club are located.  A lease has been in place from the Trust to Coffs Harbour City Council over the whole reserve; howver, this lease expired on 31 December 2013.

 

A new lease is now sought in order to continue secure tenure for the Woolgoolga Library and other community users on the site.

 

 

Recommendation:

That Council as Corporate Manager of the Reserve Trust:

 

1.   Approves a lease for a further 20 year term to Coffs Harbour City Council for Reserve No. 1002841 encompassing Lots 115 and 126 in DP 752853 and Lot 7036 in DP 1054583;

2.   Authorises the execution of the lease by the General Manager under the common seal of Council; and

3.   Agrees that relevant sub-tenures for other occupants on the property be entered into by Council as appropriate.

 

 

Report

Description of Item:

Council manages occupation of part of the reserve for the Woolgoolga Library.  In order to continue secure tenure for the Library a new lease to Coffs Harbour City Council is now sought.

 

The rest of the reserve is occupied by other community operations including Woolgoolga Meals on Wheels and Woolgoolga Croquet Club Incorporated.  Once a new lease is in place, sub tenures may be entered into to ensure continuation of tenures for those other occupants.

Issues:

The Woolgoolga Library is currently established on part of the Reserve No. 1002841 and Council does not have a current lease over the reserve.

Options:

1.   Adopt the recommendation provided to Council as Corporate Manager of the Reserve Trust and enter into a lease for a further 20 year term to Coffs Harbour City Council.

 

2.   Amend the recommendation provided to Council as Reserve Trust Manager. Depending on the nature of the amendment, the length and extent of tenure may be impacted.

 

3.   Reject the recommendation provided to Council as as Corporate Manager of the Reserve Trust.  However, as a consequence occupancy by Council’s Woolgoolga Library and other community groups will be without legal tenure.

Sustainability Assessment:

•     Environment

The Woolgoolga Library has been established for many years with no current plans to expand or alter the building.  The approval of a new lease to Council will not incur any further disturbance to the environment.

•     Social

The securing of formal tenure to Council ensures the longevity of the library resource to Woolgoolga and surrounding Community.

•     Civic Leadership

The 2015-2019 Delivery Program refers to Council libraries by way of:

 

·    Objective: LP5 We share the aspirations, knowledge, skills and history of all in our community, and

·    Strategy: LP5.1 Promote and support a culture of lifelong learning.

 

The new lease secures Council’s ability to manage the operation of the Woolgoolga Library facility as being the main user of Reserve No. 1002841.

•     Economic – Broader Economic Implications

There are no additional economic implications by securing a new lease over the Reserve.

•     Economic – Delivery Program/Operational Plan Implications

Council is already Corporate Manager of the Reserve Trust for Reserve No. 1002841 and the existing occupants are already in place. A new lease does not change the current financial arrangement included in Council’s Operational Plan and Delivery Program.

Risk Analysis:

Without a current lease Council is exposed by not having formal legal control over occupancy of the reserve.  The risk is increased in scope with the sub-letting arrangements to accommodate the other occupants of the reserve, including Woolgoolga Meals on Wheels and the Woolgoolga Croquet Club.

 

Once a new lease is put in place, formalising of the sub-tenures may be completed allowing Council to ensure correct and proper use of the reserve by way of current agreements.

Consultation:

NSW Department of Primary Industries – Crown Lands.

Related Policy, Precedents and / or Statutory Requirements:

Council is currently and has been Corporate Manager of Reserve Trusts for many reserves in the Local Government Area under the Crown Land Act of 1983.

 

The proposed new lease is one of many entered into by Council in order to hold authority over Council assets and facilities on Crown Land.

Implementation Date / Priority:

A new lease will be prepared once approved by Council as the Corporate Manager of the Reserve Trust and subject to endorsement by NSW Department of Primary Industries – Crown Lands.

Conclusion:

The Woolgoolga Library and other occupants on Reserve No. 1002841 are well established and are include important community facilities. The lease from the Trust to Council has since expired.  Renewal for a further 20 year term will secure Council’s occupancy on the site and allow Council to formalise the relevant sub-tenures.

 


Ordinary Council Meeting Agenda                                                       13 October 2016