Coffs Harbour City Council

17 May 2017

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 25 May 2017

 

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.

 

 

Mick Raby

Acting General Manager

 


Ordinary Council Meeting Agenda                                                               25 May 2017

Order of Business  

Notices of Motion Business Services

NOM17/08      Coffs Harbour War Memorial, Woolgoolga and Sawtell swimming pools leaseholder Quarterly Performance Report..................... 4

Directorate Reports - Business Services

BS17/14          Bank and Investment Balances for April 2017....................................... 5

BS17/15          Quarterly Budget Review Statement for March 2017...................... 5

BS17/16          Waiver of Developer Contributions For Secondary Dwellings - Outcome of Two Year Trial............................................................................ 5

Directorate Reports - Sustainable Communities

SC17/24          Development Application No. 0645/17 - Dual Occupancy (Detached) and Subdivision (2 Lots) - Lot 79 DP 1223036, 6 Anchorage Close, Moonee Beach...................................................................................................................................... 5

SC17/25          Heritage Strategy 2017 - 2020......................................................................... 5

SC17/26          Draft Coffs Harbour Significant Tree Register and Draft Coffs Harbour City Council Significant Tree Policy..................................... 5

SC17/27          GC2018 Queen's Baton Relay - Council Selected Batonbearer Nomination.............................................................................................................. 5

SC17/28          Dual Naming - Fitzroy Oval ............................................................................. 5

Directorate Reports - Sustainable Infrastructure

SI17/11           Amendment to Alcohol Free Areas in Woolgoolga CBD................. 5

Trust Reports

T17/11             TRUST REPORT - Relocation of Marine Rescue Woolgoolga to Arrawarra Headland Facility - Progress Report............................. 5

T17/12             TRUST REPORT - Short Term Expression of Interest for the Former Deep Sea Fishing Club Facility....................................................................... 5   


Ordinary Council Meeting Agenda                                                               25 May 2017

NOM17/08   Coffs Harbour War Memorial, Woolgoolga and Sawtell swimming pools leaseholder Quarterly Performance Report

Attachments:          Nil

 

Motion:

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

"Coffs Harbour City Council provide, to the chamber, a quarterly performance report as to the service standards provided by the new leaseholder of the Coffs Harbour Memorial, Woolgoolga and Sawtell swimming pools for a period of 12 months. This report is to identify any changes in performance standards criteria thought to be vital in the tenter assessment process. It will include, but not be limited to the percentage of previous staff retaining employment, changes in fees charged, monitoring if opening hours commitments have been honored, a record of complaints from the public and all maintenance requests and correspondence with Coffs Harbour City Council."

 

 

Rationale:

“Residents of the Coffs Harbour LGA have concerns that , when referenced against the excellent service that currently exists at their local pool, service will be substandard.  These quarterly reports will seek to underline the premise that the tender selection process (as legislated by NSW Government) has been sound or lacking.”

Staff Comment:

Under the contract arrangements for the lease and management of public swimming pools the contractor will be responsible for the complete management and operation of the swimming pools and will be responsible for the employment of all staff working at the swimming complexes.

 

A separate Annual Operational Plan is required to be developed for each swimming centre.  As a minimum the Operational Plan should include the following;

 

·    Swimming Centre operating budget including attendance;

·    Fees and Charges;

·    Programs and services;

·    Specific Swimming Centre marketing campaigns;

·    Annual Maintenance Schedule; and

·    User group plans and allocations.

 

A key responsibility of Council is the supervision and monitoring of the contract to ensure the contractor’s compliance with the service specification and any other terms of the agreement.  In particluar provisions relate to:

 

·    Record Keeping - The contractor must keep proper records of all matters relating to the Service Specification.  In particular, records of memberships, attendances, programs, bookings, accounts, revenues and any point of sales records in relation to the Agreement.

·    Monitoring - The level of monitoring and review is important to Council. Council therefore expects the contractor to have an experienced, qualified and appropriate management structure to plan, manage, monitor and review their obligations.

·    Inspection - The Council reserves the right to inspect any aspect of the Service or records kept.

·    Monthly Reporting – Provide monthly reporting, verifying all appropriate registers show quality control including maintenance, testing and incident reporting, are maintained in accordance with Australian Standards.

·    Annual Report - At the end of each financial year, the contractor is required to review its performance against the Business Plan and Annual Operational Plan and provide an Annual Report to Council.  The contents of the Annual Report must contain all items covered in the Business Plan and must summarise and analyse all targets produced as part of the reporting process.  The Annual Report will detail the Contractor’s performance for the preceding financial year.  The report should include, but not limited to, financial performance, attendance, customer service, marketing, maintenance, programming, fees and charges and other requirements as identified in this Service Specification.

·    Industry Benchmarking - As part of the reporting to Council the contractor may be required to complete a report for the Centre for Tourism & Leisure Management.  This report is used to enable Council to assess the contractors performance relative to industry best practice in the areas of customer service quality, operational management, governance and leadership.

 

The Notice of Motion is focussed on operational matters which will be monitored by staff through the contract arangements and based on the regime outlined above.  An initial report can be provided to Council as at the end of the first quarter which would focus on the outcome of the transition.  Future reports for the remaining nine months could then highlight progress, achievements and any issues of concern.

 

  


Ordinary Council Meeting Agenda                                                               25 May 2017

BS17/14       Bank and Investment Balances for April 2017

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/14   Monthly Investment Report for the month ended 30 April 2017  

 

Executive Summary

The purpose is to report on Council’s Bank Balances and Investments as at 30 April 2017.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Coffs Harbour 2030 Community Strategic Plan.

 

 

Recommendation:

That Council note the bank balances and investments totalling $175,536,511.01 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 April 2017.

 

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 April 2017 is attached.

 

It should be noted that Council is required to account for investments in accordance with the Australian International Financial Reporting Standards.  Term deposits are shown at face value and all other investment balances at the end of each month reflect market value movements which would be inclusive of accrued interest.

 

Interest when paid, say quarterly, would result in reductions in the market value of the investments.  The Investment Report reflects the above requirements and reflects the interest earned (or accrued) on each investment, based on the acquisition price.

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for April 2017 are available in the Councilors’ Resource Centre.

Issues:

There are no issues associated with the report.

Options:

As the report is for noting only, an options analysis is not required.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

Council invests surplus funds to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Coffs Harbour 2030 Community Strategic Plan.

•     Economic – Broader Economic Implications

Council’s investments are held according to ther requirements stated within Council’s investments policy and the returns are acceptable in relation thereto. In the long term earnings from investments can vary due to econcomic conditions and financial markets.  Council constructs its investment portfolio with consideration of current conditions and to comply with the Office of Local Government (OLG) investment policy guidelines.

•     Economic – Delivery Program/Operational Plan Implications

As at 30 April 2017 it is noted that the total bank and investment balances total $175,536,511.01 comprising restricted and unrestricted General, Trust, Water and Sewerage Fund cash and investments.

Risk Analysis:

The likelihood of risks associated with New South Wales Local Government’s investing funds is now remote due to the conservative nature of investments permitted under statutory requirements.  The risk of capital not being returned in relation to each individual investment Council owns is indicated in the attachment.

 

The main risks for Council’s investment portfolio are liquidity and credit risk, both of which are being managed under the advice of Laminar Group Pty Ltd.  Liquidity risk is the risk that the investor is unable to redeem the investment at a fair price within a timely period and thereby incurs additional costs (or in the worst case is unable to execute its spending plans).  Credit risk is the risk of loss of principal stemming from a financial institutions failure to repay that principal when that principal is due.  Investors are compensated for assuming credit risk by way of interest payments from the financial institutions issuing the investment security.

 

Credit risk is rated by various rating agencies.  Investment securities in Council’s current portfolio are rated by either Standard and Poors or Fitch, with the majority of the portfolio rated by Standard and Poors.  Standard and Poors credit ratings and an explanation of their ratings are as follows:

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments. Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

Strong capacity to meet financial commitments, but somewhat susceptible to adverse economic conditions and changes in circumstances.

BBB

Adequate capacity to meet financial commitments, but more subject to adverse economic conditions.

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

Less vulnerable in the near term but faces major ongoing uncertainties to adverse business, financial and economic conditions.

B

More vulnerable to adverse business, financial and economic conditions but currently has the capacity to meet financial commitments.

CCC

Currently vulnerable and dependent on favorable business, financial and economic conditions to meet financial commitments.

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

Ratings from ‘AA’ to ‘CCC’ may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.

 

Types of investment securities by credit risk ranking from highest to lowest are as follows:

 

·    Deposits/Covered Bonds – these share first ranking

·    Senior debt – Floating Rate Notes/Fixed Coupon Bonds.

·    Subordinated debt

·    Hybrids

·    Preference shares

·    Equity shares (common shares).

 

Subordinated debt, hybrids, preference and equity shares are not a permitted investment under the current Ministerial Order.  Term deposits of $250,000 or less per financial institution are covered under the Commonwealth Government Deposit Guarantee Scheme and therefore by default have the same credit rating as the Commonwealth Government, ie AAA.

 

All credit unions, building societies and mutual banks are Authorised Deposit-taking Institutions (ADI’s) and are regulated in the same way as all other Australian banks.  ADI’s are regulated by the Australian Securities and Investment Commission (ASIC) under the Corporations Act 2001, and by the Australian Prudential Regulatory Authority (APRA) under the Banking Act 1959.

Consultation:

Council’s investment advisors, Laminar Group Pty Ltd have been consulted in the preparation of this report.

Related Policy, Precedents and / or Statutory Requirements:

Council funds have been invested in accordance with Council’s Investment Policy (POL‑049), which was adopted on 27 November 2014.

Local Government Act 1993 – Section 625

Local Government Act 1993 – Investment Order (dated 12 January 2011)

Local Government General Regulation 2005

The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2), 14C(1) and 14C(2)

Implementation Date / Priority:

Nil.

Conclusion:

Council should consider the information provided in the report and the Councillors’ Resource Centre and the recommendation provided.

 


Ordinary Council Meeting Agenda                                                                                          25 May 2017

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Ordinary Council Meeting Agenda                                                               25 May 2017

BS17/15       Quarterly Budget Review Statement for March 2017

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/15   Four Year Consolidated Income Statement

ATT2  BS17/15   Operating Income and Expenditure Statement

ATT3  BS17/15   Cash and Investment Position

ATT4  BS17/15   Capital Expenditure

ATT5  BS17/15   Capital Funding

ATT6  BS17/15   Key Performance Indicators

ATT7  BS17/15   Part A - Contracts Expenditure

ATT8  BS17/15   Part B - Consultancy & Legal Expenditure  

 

Executive Summary

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

 

The responsible accounting officer advises that the Quarterly Budget Review Statement indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

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

 

 

Recommendation:

That Council:

 

1.    Note the Quarterly Budget Review Statements and the following estimated budget position as at 31 March 2017;

2016/17 Original Budget 

2016/17 Revised Budget

2016/17 Projected Budget

2016/17 Mar YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

$86,781

$86,785

$90,793

$91,222

User Charges & Fees

$33,104

$28,457

$24,517

$15,146

Interest & Investment Revenue

$5,700

$5,828

$5,687

$5,607

Other Revenues

$8,152

$13,428

$16,700

$10,723

Grants & Contributions provided for Operating Purposes

$20,924

$21,915

$22,543

$11,359

RECURRENT REVENUE

$154,661

$156,413

$160,240

$134,057

2016/17 Original Budget 

2016/17 Revised Budget

2016/17 Projected Budget

2016/17 Mar YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Expenditure

 

Employee Benefits & Oncosts

$37,814

$37,886

$37,768

$35,855

Borrowing Costs

$11,498

$11,498

$11,498

$7,252

Materials & Contracts

$54,123

$59,001

$63,059

$27,335

Depreciation & Amortisation

$44,767

$44,767

$44,767

$33,575

Other Expenses

$12,236

$12,385

$12,244

$5,454

 

 

 

 

 

RECURRENT EXPENDITURE

$160,438

$165,537

$169,336

$109,471

 

 

 

 

 

NET OPERATING (DEFICIT)

($5,777)

($9,124)

($9,096)

$24,586

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

$24,317

$31,924

$31,610

$5,523

 

 

 

 

 

CAPITAL REVENUE

$24,317

$31,924

$31,610

$5,523

 

 

 

 

 

NET SURPLUS

$18,540

$22,800

$22,514

$30,109

 

2.    Approve the budget adjustments included in this Report with a net cash value of nil.

 

 

 

Report

Description of Item:

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

 

Following is a list of recommended variations for the Quarter ending 31 March 2017 for the consideration of the Council.  These variations are reflected in the projected budget as presented in the estimated budget position as at 31 March 2017 contained within the recommendation.

 

This is the first year that the Council has been presented with a budget in accrual format so that a direct comparison can be made with the end of year financial statements.  The ends of year financial statements exclude any internal transactions which may be recorded within our financial system so as to truly reflect our financial position.  An example of such a transaction would be where the Council charges itself Rates for a property it owns.  For financial statement preparation, such a transaction would be excluded from the financial statements.

 

Recommended variations for month ending 31 March 2017

 

OPERATING

 

Rezoning applications review

10,000

Rezoning applications contribution received

(10,000)

 

 

Future towns program grant – NSW Department of Industry:

(100,000)

-     Workshopping, placemaking and digital initiatives at Coramba

50,000

-     Workshopping, placemaking and digital initiatives at Woolgoolga

50,000

 

 

Education/ awareness for indigenous women

5,000

Aboriginal youth female leadership camp

3,000

Gumgaynggirr Youth CDAT grant funding approved

(8,000)

 

 

Coastal Works – major private works contract won:

 

-     Boggabilla to Toomelah water main transfer

(2,460,000)

-     Emu Creek Bridge design and investigation for Tenterfield Shire Council

(50,000)

Contract external works transferred to reserve

2,510,000

 

 

Extra funding required to complete program of bus shelter infrastructure installation (capital)

25,826

Footpaths Maintenance funding (operating)

(25,826)

 

 

2017 NSW Seniors Festival, increase budget in line with approved grant

4,500

FACS grant approved

(4,500)

 

 

Donation to Council from Prosper Coffs Harbour Limited for environmental works

(1,000,000)

Transfer of funds to reserve

1,000,000

 

 

Total Operating

Nil

 

 

 


 

CAPITAL

 

General Capital:

 

Pedestrian Infrastructure Around Schools Program – Korora Public School, James Small Drive funded:

58,000

-     Roads and Maritime Services grant

(50,000)

-     Council contribution from Special Rate Variation infrastructure renewal funds

(8,000)

 

 

State Emergency Service (SES) vehicle shed extension at Corindi

25,000

Approved grant funds from SES

(25,000)

 

 

Sportz Central scoreboard and shot clock renewal works

18,600

Allocation of Special Rate Variation (SRV) building renewal funds

(18,600)

 

 

Solitary Islands Way / Seacrest roundabout works. Initial Developer Contributions (S94) funding was for design, scoping and other preparation works these additional funds are for the construction. Budget revised from $200,000 to $587,379

387,379

Developer Contributions (S94) funding

(387,379)

 

 

Cost benefit and distribution analysis for Campbells Beach protection works

80,000

Office of Environment & Heritage coastal and estuary grant

(40,000)

Councils contribution from coastal hazard and estuary funds 

(40,000)

 

 

S94 funded West Coffs community facilities. Funding duplicated in 17/18 budget, 16/17 allocation reduced from $1m to $50,000 in 16/17 to cover design phase of works only.

(950,000)

S94 funding unused in 16/17

950,000

 

 

Solitary Islands Walk Woolgoolga whale tail, original funding was grant. Additional funds required to complete project funded from Coffs Coast State park trust (caravan parks). Increase budget from $19,449 to $24,919

5,470

Coffs Coast State park trust (caravan parks) funding

(5,470)

 

 

RMS approved Traffic Minor Works program – Woolgoolga marked pedestrian crossing and line marking

53,000

RMS approved grant

(53,000)

 

 

RMS approved Facilities Around Schools programs (100% grant funded):

 

-     Bishop Druitt College, North Boambee Rd installation of new kerb ramps/refuges/blisters and extend footpath on northern side

7,000

-     Boambee Public School, Lindsays Rd wombat crossing

5,000

-     Coffs Harbour Public School, Salamander St upgrade existing pedestrian crossing, new kerb ramps and median upgrade

3,000

-     Coffs Harbour Public School, Albany St new footpath

5,000

-     John Paul College, Hogbin Drive construct pedestrian and cycle bridge

10,000

-     Mary Help of Christians, Amaroo Crescent kerb ramps and kerb extensions and construct new footpath

10,000

-     Nana Glen Public School, Orara Way traffic calming at existing childrens crossing

7,000

-     St Augustines Primary School, Albany St wombat crossing and new kerb ramps

5,000

RMS approved grant

(52,000)

 

 

Flood Mitigation works revised budgets:

 

-     Duke St Road extension additional  drainage works

360,000

Flood mitigation unexpended loan funds

(360,000)

 

 

Water Capital:

 

Water Capital revised budgets:

 

-     Diamond Head Drive - Pine Creek to Ironbark Avenue 225 diameter Watermain, nil to $230,000 (Works to be undertaken over two years and brought forward to coincide with proposed roadworks in Diamond Head Drive which is scheduled for 2017/18)

230,000

Water Unexpended Loan Funds and Developer Contributions

(230,000)

 

 

Sewer Capital:

 

Sewer Capital revised budgets:

 

-     Sewage Pumping Stations (SPS) network, $180,000 to $30,000 (Investigation and minor works only this year)

(50,000)

-     SPS plant, $135,000 to $50,000 (Scope of plant required reduced)

(85,000)

-     Pump Station (PS) 70 Sapphire Gardens upgrade pumps & switchboard, $70,000 to $60,000 (Estimated costs of job lower as scope reduced)

(10,000)

-     SPS 19 Joyce St Pump Station upgrade & storage, $265,000 to $480,000 (Estimated costs of job lower as scope reduced)

215,000

-     SPS 3 Mildura St overflow storage, $90,000 to $10,000 (Design only this year with construction in 2017/18)

(80,000)

-     SPS 20 Koala Place raise and renew switchboard, nil to $110,000 (Urgent works identified to be completed this financial year)

110,000

-     SPS8 Sandy Beach new pumps and storage, nil to $180,000 (Works identified as urgent, but only design and some works to be undertaken this year with completion in 2017/18)

180,000

-     SPS 39 Park Beach Surf Club upgrade, $160,000 to $260,000 (Estimated cost to complete is higher than original budget)

100,000

-     Renew SRM 61 between P#61 and Charlesworth Bay Rd, $65,000 to $15,000 (Design only this year with construction in 2017/18)

(50,000)

-     Panorama Parade Safety Beach SPS 6 upgrade, $60,000 to $10,000

(50,000)

Sewer Unexpended Loan Funds and Developer Contributions plus reallocation of existing budgets (Design only this year with construction in 2017/18)

(280,000)

 

 

Total Capital

Nil

Operating

Nil

Capital

Nil

TOTAL

Nil

 

Issues:

This report is tabled to meet Council’s statutory requirements.

Options:

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

 

1.   Adopt the recommendation provided to Council.

2.   Amend the recommendation provided to Council and then adopt.  This may impact upon the projected bottom line budgeted position.

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

Sustainability Assessment:

•     Environment

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

•     Social

There are no perceived short or long term social impacts.

•     Civic Leadership

Council strives to reach a balanced budget position by June 30 each year in conjunction with meeting its short term priorities.

•     Economic – Broader Economic Implications

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

•     Economic – Delivery Program/Operational Plan Implications

The original adopted budget for 2016/17 provided a surplus of $18,540,000 and a deficit of $5,777,000 before capital revenue.  The budget adjustments recommended in this report, together with revotes previously approved by Council, result in a projected budget surplus of $22,514,000 and a deficit of $9,096,000 before capital revenue.

Risk Analysis:

Not applicable.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

Under Local Government Regulations the Responsible Accounting Officer is required to submit a quarterly budget review to Council.

Implementation Date / Priority:

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

Conclusion:

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

 

 


Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                                                          25 May 2017

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Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                                                          25 May 2017

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Ordinary Council Meeting Agenda                                                                                          25 May 2017

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Ordinary Council Meeting Agenda                                                                                          25 May 2017

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Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                               25 May 2017

BS17/16       Waiver of Developer Contributions For Secondary Dwellings - Outcome of Two Year Trial

Author:                        Developer Contributions Officer

Authoriser:                  Director Business Services

Coffs Harbour 2030:   PL1 Our infrastructure and urban development is designed for sustainable living

Attachments:              Nil

 

Executive Summary

This report provides Council with information on the outcomes of a trial involving the waiving of certain developer contributions for developments approved under the State Environmental Planning Policy (SEPP) for Affordable Rental Housing for a two year period, which commenced in June 2015.  The waiver applies to Secondary Dwelling (granny flat) development approvals which involve the construction of a Secondary Dwelling with a maximum floor area of 60 square metres.

 

Previous to the trial period Council imposed a developer contribution rate of 40% of the single Dwelling/lot rate contribution which resulted in a contribution rate for Section 94 and water and waste water of around of $10,000 per Secondary Dwelling in general urban areas and around $14,500 in some new release areas based on rates currently applicable.  The trial involved waiving Section 64 water and waste water contributions and also release area specific contributions.  This resulted in contributions applicable reducing to between $2,000 and $2,100 per Secondary Dwelling depending on the location.

 

There has been significant positive community and industry comment and support for the current policy of exempting Section 64 and release area specific Section 94 contributions for Secondary Dwellings. Whilst possible contribution revenue has reduced, there has been a significant increase in the number of Secondary Dwelling approvals since commencement of the trial. It is recommended that Council continues to waive release area specific Section 94 contributions and Section 64 water and waste water developer contributions for Secondary Dwellings indefinitely.

 

 

Recommendation:

That Council:

1.    Continues to waive Section 64 developer contributions and release area specific Section 94 developer contributions, and levy the Local Government Area wide minimum Section 94 developer contributions, for the construction of Secondary Dwellings 60 square metres or less, as defined under the State Environmental Planning Policy for Affordable Rental Housing;

2.    Approves the amending of the Exemptions section for each of the Developer Contributions Plans listed below accordingly;

·      Hearnes Lake/Sandy Beach Developer Contributions Plan

·      Korora Rural Residential Developer Contributions Plan

·      Moonee Area Developer Contributions Plan

·      North Boambee Valley (East) Developer Contributions Plan

·      North Bonville Developer Contributions Plan

·      North Coffs Developer Contributions Plan

·      Open Space Developer Contributions Plan

·      Park Beach Area Developer Contributions Plan

·      South Coffs Developer Contributions Plan

·      West Coffs Developer Contributions Plan

·      West Woolgoolga Developer Contributions Plan

·      Wastewater Development Servicing Plan

·      Water Development Servicing Plan

3.    Resolves to place the amended Developer Contributions Plans on exhibition for a period of 28 days and invite submissions.

 

Report

Description of Item:

At its meeting on 25 June 2015 Council resolved as follows:

 

1.   Council to waive Section 64 contributions and charge the LGA wide minimum Section 94 contributions for the construction of Secondary Dwellings 60 square metres or less only.

2.   This policy is to be trialed for a 2 year period with a report brought back to Council after a 2 year period to determine whether to continue for a further twelve months, that the weekly DA Update highlights the Secondary Dwelling approvals.

3.   The Waiver for developer contributions on Secondary Dwellings 60 square metres or less is not retrospective and is only for consents granted between 1 July 2015 and 30 June 2017.

 

This report provides information on the outcome of the reduction in contribution rates applicable following implementation of the above recommendation.

 

Previous to the trial period Council imposed a developer contribution rate of 40% of the single Dwelling/lot rate contribution which resulted in a contribution rate for Section 94 and water and waste water of around of $10,000 per Secondary Dwelling in general urban areas and around $14,500 in some new release areas based on rates currently applicable.  The trial involved waiving S64 water and waste water contributions and also release area specific contributions.  This resulted in contributions applicable reducing to between $2,000 and $2,100 per Secondary Dwelling depending on the location.

 

Whilst possible contribution revenue has reduced, there has been a significant increase in the number of Secondary Dwelling approvals since commencement of the trial.

Issues:

The State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009 makes provision for the erection of a Secondary Dwelling on any residentially zoned parcel of land.  Secondary Dwellings are permissible with consent on all residentially zoned land in the local Government area.  The Dwelling is limited to a maximum floor area of 60m2 net of balconies, decks and garages.  In addition, Schedule 1 of the SEPP contains a list of assessable development standards including height, setbacks, site coverage, building articulation, privacy and open space, which are similar to Councils residential design controls in its Development Control Plan.

 

Council’s current policy presents a number of positive outcomes, including the following:

 

·    Increasing the range of residential development types available to accommodate the changing (and aging) demographics of the City - currently a high proportion of the City’s Dwelling stock comprises detached houses comprising three or more bedrooms;

·    Increasing the availability of ‘affordable housing’ suitable for single persons or couples without children;

·    providing additional income to households where the Secondary Dwelling is rented;

·    providing financial support for elderly residents to ‘age in place’ by renting out either the Secondary Dwelling or the primary residence;

·    Potential for releasing ‘under-occupied’ Dwellings by providing opportunities for residents to move into the Secondary Dwelling and rent out the primary Dwelling to a larger household; and

·    Providing opportunities for inter-generational care, in instances where family members are able to move into the primary dwelling and provide residential care to elderly relatives.

 

In the two years prior to the trial commencing Council approved and received developer contributions for a total of 13 Secondary Dwellings.

 

Since commencement of the reduction in contributions there has been 89 Secondary Dwellings approved with contributions received for 85 of these approvals up until 1 May 2017.  A further 6 applications are currently being assessed.  This demonstrates that the policy is achieving its objectives as listed above.  Additionally, it can be assumed increased economic activity has ensued as a result of the policy implementation.

Options:

There are a number of options for Council’s consideration, as follows:

1.    Council resolves to charge developer contributions for Secondary Dwellings at the full rate in line with the rates applied prior to the implementation of the trial.  This option reinforces the economic rationale underpinning the imposition of contributions, being that new housing and therefore additional population, increases demand for facilities and services.  The consequences arising from this option are that it will most likely result in a lower number of applications for Secondary Dwellings and will not enhance housing affordability.  Contribution income from this type of development would reduce accordingly.

2.    Council waives developer contributions in totality for Secondary Dwellings which may result in an increase in applications for new Secondary Dwellings and also for conversion of existing buildings.  However; this will result in reduced developer contributions income for Local Government Area wide infrastructure as the relevant Section 94 Plans and Section 64 Water and Waste Water Development Servicing Plans are based on additional population.

3.    Council continues to waive release area specific Section 94 contributions and Section 64 water and waste water developer contributions for Secondary Dwellings for a further 12 months and continue to monitor the effects on the number of developments and the financial implications. This is in line with Council’s previous resolution; however, sufficient evidence of economic activity has been gathered to support the changes now being made permanent.

4.    Council continues to waive release area specific Section 94 contributions and Section 64 water and waste water developer contributions for Secondary Dwellings indefinitely.

 

Option 4 is recommended.

Sustainability Assessment:

•     Environment

Environmental issues are considered in the preparation of the Development Control Plans applicable to the relevant areas.  Detailed environmental issues are assessed at the time of assessment of development applications.

•     Social

Secondary Dwellings are covered by the NSW Department of Planning and Environments SEPP for affordable rental housing.  The social impacts of removing the developer contributions on Secondary Dwellings include community support and leadership and by forgoing the developer contribution revenue on Secondary Dwellings an ethical investment in the community in relation to affordable housing.

•     Civic Leadership

Coffs Harbour 2030 includes the specific strategy PL1.4 Create affordable housing options. The current policy has assisted in advancing this strategy.

Developer contributions more generally support other strategies, such as:

LC3.1 Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour

PL1.1 Promote higher densities in our urban centres

PL1.2 Provide infrastructure that supports sustainable living and is resilient to climatic events

·     Economic – Broader Economic Implications

Developer contribution charges fund infrastructure projects that would not otherwise be undertaken.  The waiving of contributions in their entirety may have an adverse impact upon Council’s finances and the ability to provide infrastructure to a growing population.  This would impact on the timing of the provision of facilities as it is unlikely that funds from other sources would be available for items included in Local Government Area wide contributions plans.  The shortfall in water and waste water contributions may require additional funding from unexpended loans for future works.

 

Release Area Specific Section 94 Plans

 

For contributions applicable under released area specific plans (e.g. Moonee or West Coffs), Secondary Dwellings provide a windfall for Council as these plans are based on the number of future lots created.  Therefore, Secondary Dwellings provide additional income as they are not factored into the future number of lots on which the contributions are based.  Removal of these contributions essentially has no effect on expected contribution income.  Contributions that would apply vary dependent on the release area with most areas being in the order of $5,000.

 

Should Council have maintained the former position of levying release area contributions on Secondary Dwellings then the estimated amount that would have been applied is $98,208 over the past two years.  As stated this amount would be a windfall as release area specific plans are prepared on the basis of expected additional lot yields, and Secondary Dwellings would be in addition to this.

 

Local Government Area-wide Section 94 Plans

 

Local Government Area-wide Section 94 plans include Open Space, Administration Levy, Road Network, and Surf Rescue facilities.  Total contributions for these items for a Secondary Dwelling are $2,078.

 

These plans are based on future population projections and therefore exempting Secondary Dwellings would result in a shortfall of income under these plans.  This shortfall would most likely need to be funded from other sources or the proposed works be delayed or perhaps reduced in quantum.


 

Section 64 Development Servicing Plans

 

The Section 64 plans for both the Water and Wastewater networks are not based on locality and are based on a whole of network approach and equivalent tenements likely to be added to the network over the life of the Development Servicing Plans.  Therefore any reduction in charges for these Plans will likely to have a detrimental impact on revenue flows for these services.  The current contribution rate that would apply to Secondary Dwellings is $8,080.

 

Should Council have maintained the former position of levying water and wastewater contributions on Secondary Dwellings then the estimated amount that would have been applied is approximately $568,350 over the 22 month period until 1 May 2017, this figure assumes the same level of activity would have occurred with the change in policy.  The average construction cost of a new Secondary Dwelling based on a representative sample of approved development consents is $102,000.  On this basis it is considered the substantial increase in economic activity and the provision of affordable housing opportunities far outweighs the negative impacts of the foregone contributions.

·     Economic - Delivery Program/Operational Plan Implications

Developer contributions are funded through charges on development and the reduction in the collection of these contributions for Local Government Area wide facilities is likely to delay or reduce the infrastructure delivered through Council’s Delivery Program.

 

The current arrangement has resulted in a shortfall in Section 64 contributions for water and waste water of approximately $568,350 in the 22 month period until 1 May 2017.  Income from Section 94 release area specific plans from Secondary Dwellings is considered a windfall as contributions under these plans are calculated on the basis of additional residential lots rather than population increases.  Therefore, no shortfall of Section 94 funds has resulted.  It should also be noted that the approvals to date include developments on lands where water and waste water are not available.

 

The shortfall in Section 64 water and waste water contributions may require additional funding from unexpended loans for future works.

Risk Analysis:

Should Council opt to re-impose contributions currently exempted, this may result in an impact on Council’s reputation associated with a change in policy position.

 

Continuation of the reduction in developer contributions may result in future Section 64 water and waste water contribution shortfalls and undermine the principle of sharing infrastructure costs between existing and new users.  The shortfall in Section 64 water and waste water contributions may require additional funding from unexpended loans for future works.  The economic and social benefits derived from the current policy are seen as outweighing the negative impacts of the foregone contributions.

 

Consultation:

There has been significant positive community and industry comment and support for the current policy of exempting Section 64 and release area specific Section 94 contributions for Secondary Dwellings.

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

The current Section 64 contributions plans and release area specific Section 94 plans will require amending by amending the exemptions/exclusions clause in the Plans which currently state that Secondary Dwelling exemptions will apply until 30 June 2017.  This also involves a 28 day exhibition period.  However; Council can opt not to apply contributions to Secondary Dwellings in the interim.

Conclusion:

This report addresses the resolution of Council dated 25 June 2015.  A number of options have been explored and the waiving Section 64 developer contributions and release area specific Section 94 contributions for Secondary Dwellings has been positviley received in the community as evidenced by the increase in approvals.

  


Ordinary Council Meeting Agenda                                                               25 May 2017

SC17/24       Development Application No. 0645/17 - Dual Occupancy (Detached) and Subdivision (2 Lots) - Lot 79 DP 1223036, 6 Anchorage Close, Moonee Beach

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   PL1 Our infrastructure and urban development is designed for sustainable living

Attachments:              ATT1  SC17/24   Development Application 0645/17 - Section 79C

ATT2  SC17/24   Development Application 0645/17 - Development Plans

ATT3  SC17/24   Development Application 0645/17 - Draft Conditions  

 

Executive Summary

This report provides an assessment of Development Application 0645/17 for the construction of a detached dual occupancy and torrens title subdivision, resulting in a single dwelling on each lot once completed. The development proposes variation to the lot size standard specified in clause 4.1A – Minimum subdivision lot sizes for certain split zones – of Coffs Harbour Local Environmental Plan 2013. The application was notified to adjoining land owners. No submissions were received.

In November 2008, the Department of Planning issued a Planning Circular outlining requirements in relation to the determination and reporting of development applications involving variations to development standards. The circular specifies that all applications which propose a variation greater than 10% of the development standard must be determined by full Council rather than by staff under delegated authority.

Accordingly, this matter is reported to Council for determination as the proposal incorporates a variation greater than 10% to the specified lot size standard. It is recommended that the application be approved subject to a number of conditions.

 

Recommendation:

That Council:

1.       Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the minimum lot size under Clause 4.1A(3)(b) of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.       Approve Development Application No. 0645/17 for Dual Occupancy (Detached) and Subdivision (2 Lots) at Lot 79, DP1223036, 6 Anchorage Close, Moonee, subject to the conditions provided in Attachment 3

 

Report

Description of Item:

·    The Site

The site is identified as Lot 79, DP1223036, No.6 Anchorage Close, Moonee. The site is zoned R2 Low Density Housing and E2 Environmental Conservation pursuant to Coffs Harbour Local Environmental Plan 2013. The site is rectangular in shape and 1011.6m2 in size. The E2 component of the site is located at the front of the site and is 99.1m2 in area and represents 9.7% of total area of the site. The site is located within a well developed residential subdivision and is largely devoid of vegetation.

The following locality plan illustrates the existing development site.

 

·    The Development:

The development consists of the construction of a detached dual occupancy and torrens title subdivision to create one additional allotment. The resulting lot layout will mean that each lot will contain a single dwelling. The proposed development is permissible within each of the applicable zonings.

Plans of the proposed development are included in this report as Attachment 2.

Issues:

·    Variation to development standard

This application proposes a variation to the lot size development standard specified in Coffs Harbour Local Environmental Plan 2013. This variation is discussed in detail in Attachment 1. The proposed development is consistent with all other relevant standards and controls and satisfies the objectives of the R2 Low Density Housing and E2 Environmental Conservation Zones.

Options:

1.   Adopt the recommendation thereby granting consent to the application, subject to conditions.

2.   Reject the recommendation and list reasons for refusal of the application.

Sustainability Assessment:

•     Environment

The proposed development will not result in any adverse environmental impacts in the locality. The site exists within an established residential subdivision and is largely devoid of any vegetation. The component of E2 zoned land does not represent any environmental value and is in effect an anomaly in Council’s zoning maps. It appears that the E2 zoning once reflected a drainage line prior to the establishment of the existing subdivision.

•     Social

The proposed development will not result in any adverse social impacts in the locality. The surrounding area is characterised by similar low density housing development.

•     Civic Leadership

Council has a statutory role in assessment of development applications in accordance with the Environmental Planning and Assessment Act and Regulations.  This report and the recommendation will assist Council in carrying out this role.

•     Economic – Broader Economic Implications

There are no significant economic implications associated with the proposal.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications for Council’s Delivery Program / adopted Operational Plan resulting from the proposal.

Risk Analysis:

Risk analysis matters have been considered and it is considered that approval of the development application as recommended does not pose a significant risk to Council.

Consultation:

The application was notified to adjoining land owners and a period of 14 days was provided for affected land owners to make a submission. No submissions were received in relation to the proposed development.

The application has been reviewed by relevant Council Sections.

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

-    Environmental Planning and Assessment Act 1979

-    Environmental Planning and Assessment Regulation 2000

-    Rural Fires Act 1997

-    State Environmental Planning Policy No. 55 – Remediation of Land

-    State Environmental Planning Policy No. 71 – Coastal Protection

-    State Environmental Planning Policy – BASIX 2004

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

Each of these statutory instruments is considered in detail in the Section 79C assessment appended to this report as Attachment 1.

Implementation Date / Priority:

In the event that Council adopts the recommendation, a formal notice of determination will be issued for the development application. A formal notice of determination is valid for five years and the applicant can act on the development consent at any time within that period, subject to meeting any relevant conditions of the consent.

Conclusion:

A comprehensive assessment of the application has been undertaken in accordance with all statutory requirements and it is recommended that the application be approved subject to a number of conditions.

 


Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                                                          25 May 2017

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Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                               25 May 2017

SC17/25       Heritage Strategy 2017 - 2020

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/25   Draft Coffs Harbour Heritage Strategy 2017 - 2020

ATT2  SC17/25   Summary of Heritage Strategy Performance 2014 - 2017  

 

Executive Summary

This report outlines the draft Coffs Harbour Heritage Strategy proposed for the three year period 2017 – 2020 and seeks Council’s endorsement of a 30 day public exhibition process.  The draft Strategy summarises the way Coffs Harbour City Council will achieve implementation of its heritage program, which includes research and promotional activities, as well as the operation of the Heritage Executive Committee, Heritage Advisory Program and the Local Heritage Fund.

The report also provides a review of the performance of the Coffs Harbour Heritage Strategy over the previous three years.

 

Recommendation:

That Council:

1.       Endorse the draft Coffs Harbour Heritage Strategy 2017 – 2020 (Attachment 1) for public exhibition purposes for a 30 day period.

2.       Consider a further report should any objections be received during the exhibition period to the draft Coffs Harbour Heritage Strategy 2017-2020.

3.       Progress the Coffs Harbour Heritage Strategy 2017 – 2020 to the NSW Office of Environment and Heritage for endorsement, should no objections be received during the public exhibition period.

4.       Endorse the continuation of the Heritage Executive Committee for the period of the Heritage Strategy 2017 - 2020.

 

Report

Description of Item:

Coffs Harbour first prepared a Heritage Strategy in 2003 and has subsequently operated a Heritage Advisory Program for over 13 years.  The Strategy was updated in 2006, 2009, 2011 and again in 2014.  The revision of the Strategy, as outlined in this report, is to apply to the next three year period (2017 – 2020).

 

Background

 

The initial Coffs Harbour Heritage Strategy, prepared in 2003, followed the best practice advice contained in the (former) Department of Planning (DoP) Heritage Branch publication “Eight suggestions on how local councils can promote heritage conservation”

Accordingly, the earlier Coffs Harbour Heritage Strategies were based upon this state government framework for the periods 2003 – 2006 and 2006 – 2009.

In 2009, at the instruction of the (State) Heritage Office the “Eight suggestions on how local Councils can promote heritage conservation” were replaced by nine “Recommendations for local Council heritage management”.  Hence, a revised Coffs Harbour Heritage Strategy was adopted by Council on 10 February 2011 incorporating these nine recommendations, which have continued to apply since.

This report presents the proposed draft Coffs Harbour Heritage Strategy for the next three year period (2017 – 2020).

The NSW Office of Environment and Heritage (OEH) has contributed funding toward the cost of the duties applicable to a Heritage Advisory Program, as well as the establishment of a Local Heritage Fund to assist landowners of heritage listed sites in the general maintenance and care of their properties.

Issues:

·      Role of Heritage Advisor

The primary goal of the heritage advisor and of a Heritage Advisory Program is to assist Council and the community to have appropriate measures and management in place so as to best conserve and best present the heritage of the area.  Heritage items include buildings, sites, relics, heritage landscapes, precincts e.g. main streets, cemeteries, archaeological sites, industrial heritage sites and movable items.

·      Role of the Heritage Executive Committee

Council’s Heritage Executive Committee is established to assist the Council to actively promote heritage conservation. 

The Heritage Executive Committee has a charter to:

-    endorse the Heritage Strategy;

-    assist Council to actively promote heritage conservation;

-    assist with any study or survey to legally protect heritage items;

-    advise Council and the community on planning, management (in Council’s case in an informal manner) and promotion of the City's heritage resources;

-    oversee the implementation of the heritage fund; and

-    encourage best practice heritage conservation.

The committee comprises members with representation from:

-    Council staff;

-    Family History Society representative;

-    Historical Society and Museum representative; and

-    Coffs Harbour Local Aboriginal Land Council representative.

·      Heritage Strategy

The proposed Heritage Strategy 2017 - 2020 includes provisions that relate to:

-    the continuation of the Heritage Executive Committee;

-    the survey and protection of items;

-    the continued production of heritage brochures;

-    the continued administration of the Local Heritage Fund;

-    the continued production of themed heritage trails; and

-    the promotion of cultural heritage.

The Strategy summarises the way Coffs Harbour City Council will achieve implementation of its heritage program.  A review of the performance of the Heritage Strategy over the previous three years (2014 – 2017) is included as Attachment 2 to this report.

·      Local Heritage Fund

The Local Heritage Fund has been operating since 2003, and is offered to owners of heritage listed properties (as well as those properties located in both of the two Heritage Conservation Areas of Coramba and Sawtell) at the beginning of each financial year.  It is jointly funded by Council and the OEH. The purpose of the fund is to provide financial assistance to owners of heritage listed properties for maintenance of those heritage items.

The benefits of the fund include:

-    provision of some financial relief for owners of heritage listed properties;

-    encouragement of conservation and promotion of positive community attitudes to heritage consideration;

-    encouragement of maintenance work on heritage items; and

-    provision of a tool to target particular projects.

Options:

Council has a number of options in relation to this Strategy, including:

1.   Resolve to adopt the recommendation to endorse the Heritage Strategy 2017-2020 and place it on public exhibition for a period of 30 days.

Comment: This option will enable Council’s Heritage Program to proceed as outlined in the Strategy for the next three years, and will enable Council to receive funding from NSW OEH towards the Heritage Program.

2.   Resolve to endorse the Heritage Strategy 2017-2020 with amendments or alternatives to the contents of this report.

Comment: This option, and its implications, has not been considered in this report.

3.   Resolve not to endorse the Heritage Strategy 2017-2020 and take no further action.

Comment: This option will result in NSW OEH withdrawing funding towards Council’s Heritage Program.

This report recommends that Council pursue Option 1 as outlined.

Sustainability Assessment:

•     Environment

The Coffs Harbour local government area (LGA) includes European heritage items from the mid-19th century, as well as Aboriginal cultural heritage from an earlier period.  Many of these items provide first-hand information about how Coffs Harbour developed, who played a part in this development, how they lived their lives and how they built their living environment. These items provide Coffs Harbour with its natural and built heritage and are therefore worthy of passing on to future generations. 

•     Social

Conserving our heritage helps us to understand our past and to contribute to the lives of future generations.  It gives us a sense of continuity and belonging to the place where we live; a sense of place.

•     Civic Leadership

Council’s strategic planning documents help to ensure transparency and accountability in local government.  Their implementation enables Council to identify and respond to community issues and concerns. A better understanding of our heritage helps us to understand our past and to contribute to the lives of future generations. 

The draft Coffs Harbour Heritage Strategy 2017 - 2020 seeks to implement appropriate and relevant strategies of the Coffs Harbour 2030 Plan to achieve the following objective:

-    LP 5 We share the aspirations, knowledge, skills and history of all in our community.

•     Economic – Broader Economic Implications

Maintaining heritage items can potentially provide scope for the employment of people with specialist skills and training. Heritage items and conservation areas can also readily be promoted through initiatives such as the Sawtell Chilli Festival. Maintenance of heritage items can also potentially be beneficial to the economic development of the area through retail sales.

•     Economic - Delivery Program/Operational Plan Implications

Council has allocated $31,400 (per annum indexed) in its current adopted Delivery Program to allow for heritage expenses for the period 2016 - 2020.    The draft Delivery Program 2017-2021 continues this allocation (per annum indexed).

The below financial assistance is provided to Council by the State Government (OEH):

·      2015 / 2016 – 2016 / 2017 financial years

$1 for $2 grant per year for the heritage advisory service.

$1 for $2 grant per year for the Local Heritage Fund.

Continued State Government funding relies upon the adoption of a Heritage Strategy for the 2017 – 2020 period.

Risk Analysis:

The evolution of the Heritage Strategy over the last 14 years has involved community engagement.  The 2017 – 2020 draft Strategy will be placed on exhibition prior to its adoption, thus providing further opportunity for community engagement and reducing risks.  Further environmental assessments will be undertaken for any future proposals associated with the Strategy (eg. Community Based Heritage Study 2015) to ensure that additional risk analysis is undertaken prior to Council committing to any further progression of strategic issues.

Consultation:

If endorsed, the draft Coffs Harbour Heritage Strategy 2017 – 2020 (Attachment 1) will be placed on public exhibition for a 30 day period.

Related Policy, Precedents and / or Statutory Requirements:

Local government responsibility for heritage management is enshrined within several acts - the Heritage Act 1977, Environmental Planning and Assessment (EP&A) Act 1979 and Local Government Act 1993.  The Acts establish the legislative framework for heritage management in New South Wales and ensure that heritage forms an integral part of the planning system.

Implementation Date / Priority:

Should Council choose to endorse the draft Coffs Harbour Heritage Strategy 2017 – 2020 (Attachment 1), the document will be publically exhibited for a 30 day period.  If no objections are received during the exhibition period, the document will be considered adopted by Council and will be submitted to the OEH for endorsement.

Conclusion:

The proposed draft Coffs Harbour Heritage Strategy 2017 – 2020 (Attachment 1) outlines the framework in which the Heritage Program will continue to operate over the next three years and its endorsement by Council is recommended.  The proposed draft strategy forms a crucial part of the continuation of Council’s Heritage Program.  This report demonstrates that the Coffs Harbour Heritage Program is progressing well, and provides a review of the performance of the Heritage Strategy over the previous three years (Attachment 2).

 


Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                               25 May 2017

SC17/26       Draft Coffs Harbour Significant Tree Register and Draft Coffs Harbour City Council Significant Tree Policy

Author:                        Senior Biodiversity Officer

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LE3 Our natural environment and wildlife are conserved for future generations

Attachments:              ATT1  SC17/26   Draft Coffs Harbour Significant Tree Register

ATT2  SC17/26   Draft Coffs Harbour City Council Significant Tree Policy

ATT3  SC17/26   Map of Significant Trees  

 

Executive Summary

The objective of this report is to seek Council’s endorsement of the draft Coffs Harbour Significant Tree Register (Attachment 1) and draft Coffs Harbour City Council Significant Tree Policy (Attachment 2) for public exhibition.

The report provides the background to the draft Coffs Harbour Significant Tree Register, the implications and how it will be implemented.

 

Recommendation:

That Council:

1.       Adopt in principle the draft Coffs Harbour Significant Tree Register (Attachment 1) and draft Coffs Harbour City Council Significant Tree Policy (Attachment 2) and place them on exhibition for a period of 28 days seeking feedback to enable Council’s final determination on this matter.

2.       Note that amendments to the Coffs Harbour Development Control Plan 2015 will be the subject of a separate report to Council to facilitate the implementation of the final Coffs Harbour Significant Tree Register.

 

Report

Description of Item:

Trees are an important part of the natural and cultural landscape of Coffs Harbour. They greatly contribute to the area’s sense of place, heritage and character, and play an important part in both the region’s past and future.

One of the most mentioned outcomes for the Coffs Harbour 2030 Community Vision was the preservation of forests, beaches, wildlife, rivers and the marine environment. In keeping with that theme, a draft Coffs Harbour Significant Tree Register and draft Coffs Harbour City Council Significant Tree Policy has been developed to recognise and record trees of special importance, in order to create awareness of their contribution to the aesthetic, cultural and historic values of the local area and to improve their management.

This project is part of Council’s Biodiversity Action Strategy as adopted by Council in August 2012 and amended in November 2015. The Biodiversity Action Strategy includes the action ‘to identify individual significant trees in the landscape that have either high ecological, aesthetic or cultural value’. Establishing the Coffs Harbour Significant Tree Register completes this action.

The methodology for significant tree assessment is well developed in Australia and most registers rely upon criteria developed by the National Trust of Australia. Using those criteria as the basis for assessment, with some minor modification to accommodate local requirements, provides a well-established framework as well as providing a high level of consistency with other registers.

The draft Coffs Harbour Significant Tree Register (Attachment 1) has been developed using the National Trust criteria. The significant categories in the draft Coffs Harbour Significant Tree Register are:

·    Horticultural Value - outstanding horticultural or genetic value.

·    Location or Landscape Context - occurs in a unique location or context and so provides a contribution to the landscape, including remnant native vegetation, important landmarks, and trees which form part of an historic garden, park or town.

·    Rare or Localised - rare in the wild or in cultivation, or has a very localised distribution.

·    Particularly Old - particularly old or venerable for the species variant.

·    Outstanding Size - outstanding for height, trunk circumference or canopy spread.

·    Aesthetic Value - the particular form or other attributes, show considerable aesthetic value.

·    Curious Growth Form - outstanding interest because it exhibits a curious growth form or physical feature arising from abnormal outgrowths, natural fusion of branches, natural damage or pruning.

·    Historic Value - important to the cultural or natural history of the area through the commemoration of a particular occasion including plantings by notable people or having association with an important event in history.

·    Aboriginal, Torres Strait Islander or South Sea Islander Culture - recognised association with Aboriginal, Torres Strait Islander or South Sea Islander culture or heritage.

·    Outstanding Example of a Species - outstanding example of the species, including good, form, structure and health.

·    Remnant – existing from pre-European era or surviving from a previous landscape period,
(for example, fruit/nut trees that were part of orchards before urbanisation).

·    Outstanding Habitat Value - outstanding value as habitat or niche for native flora and fauna.

Candidate trees were identified by the community following an advertising campaign, by council staff, or by consultants who were engaged to identify candidate trees and evaluate all candidate trees against set criteria. A total of 519 trees and 12 remnant patches of vegetation were initially identified at 115 sites through the Local Government Area.  155 trees were removed in the preliminary phase as they were either assessed as not significant or were located on privately owned rural land which is outside Council’s area of authority.  Vegetation in rural zoned land (RU2 Rural Landscape zone under the provisions of Coffs Harbour Local Environmental Plan (LEP) 2013) is administered by the Local Land Services under the Native Vegetation Act 2003.

Each owner of land containing a candidate tree was then individually consulted via letter and a follow up phone call, to determine the owner’s wishes regarding the listing of the tree. Similar to Council’s approach to listing heritage items under Schedule 5 Environmental Heritage of Coffs Harbour LEP 2013, if the owner of the tree did not want the tree listed it was removed from the draft Coffs Harbour Significant Tree Register.

Trees on public land were also assessed for their location respective to infrastructure such as water and sewer structures.  Trees that were determined as being a high risk to infrastructure were removed from the draft Coffs Harbour Significant Tree Register. The final list of trees on the draft Coffs Harbour Significant Tree Register (217 in total) can be seen at Attachment 1 and are mapped in Attachment 3.

Council will administer the Coffs Harbour Significant Tree Register by the Coffs Harbour City Council Significant Tree Policy (Attachment 2) which refers to Clause 5.9 of the Coffs Harbour LEP 2013 (Preservation of Trees or Vegetation), and Part E Environmental Controls, of the Coffs Harbour Development Control Plan (DCP) 2015.  The DCP will require amendments to facilitate the implementation of the final Coffs Harbour Significant Tree Register and will be the subject of a separate report to Council that incorporates amendments on a range of topics.  The amendments to the DCP will require exhibition and adoption by Council and the Coffs Harbour Significant Tree Register will not be implemented until the revised DCP is adopted by Council.

The primary function of the Coffs Harbour Significant Tree Register is to prevent the unauthorised removal, lopping, topping, damage or wilful destruction of any listed significant tree(s) without the written consent of Council.  Any listed tree will also be recorded on the planning certificate issued under Section 149 of the Environmental Planning and Assessment Act 1979.

Nominations to add or delete a tree from the Coffs Harbour Significant Tree Register may be made at any time and a procedure will guide staff on the implementation of the Coffs Harbour City Council Significant Tree Policy.  All future changes to the Coffs Harbour Significant Tree Register, either additions or deletions, will be reviewed by the Significant Tree Committee (comprising relevant staff from across Council), and will require a resolution of Council.

Issues:

Significant trees are iconic and have intergenerational value. Through the draft Coffs Harbour Significant Tree Register, Council intends to compile information on each listed tree to better conserve and manage significant trees in the landscape.

Listing a tree on the draft Coffs Harbour Significant Tree Register does put additional controls on the tree with retention of the tree being favoured above removal.  In the case where the tree is approved for removal, compensatory requirements will be required. These will be detailed in the DCP (via a future report to Council).

All owners of trees on private property were consulted through the preliminary phase, with trees removed from the draft Coffs Harbour Significant Tree Register where the owner was not in favour of the listing. Future listings will also require owner’s consent.

Where a tree on public land is listed on the draft Coffs Harbour Significant Tree Register, such as in a road reserve, works affecting the tree may be required to be modified to reduce the impacts on the tree due to retention of the tree being favoured above removal.

Options:

Council has several options to progress this matter:

1.   Adopt the recommendation that seeks to place the draft Coffs Harbour Significant Tree Register and draft Coffs Harbour City Council Significant Tree Policy on exhibition.

2.   Reject the recommendation and modify the documents prior to exhibition.

3.   Reject the recommendation and not proceed with a Coffs Harbour Significant Tree Register.

Option 1 is recommended in this report.

Sustainability Assessment:

•     Environment

The draft Coffs Harbour Significant Tree Register and draft Coffs Harbour City Council Significant Tree Policy will complement existing strategies and plans designed for the protection of the environment and local amenity.  Trees alter the environment in which we live by moderating climate, improving air quality, conserving water and providing habitat for wildlife.

•     Social

In many cases trees contribute to a ‘sense of place’ as is recognised by the significance categories of Landscape Context and Aesthetic Value.  Collectively, trees add beauty to our urban landscapes by softening the harsh lines of buildings, complementing architecture, screening unsightly views and providing privacy and a sense of security and place.

•     Civic Leadership

Local Government has an essential role to play in managing and planning for biodiversity and amenity on both public and private land.  The draft Coffs Harbour Significant Tree Register and draft Coffs Harbour City Council Significant Tree Policy will assist Council to deliver on the following objectives of the Coffs Harbour 2030 Community Strategic Plan:

LC3 - We have strong civic leadership and governance.

LE1 - We share our skills and knowledge to care for our environment.

LE3 - Our natural environment and wildlife are conserved for future generations.

LE4 - We reduce our impact on the environment.

LP 5 - We share the aspirations, knowledge, skills and history of all in our community.

•     Economic – Broader Economic Implications

Individual trees and shrubs have value, with studies showing that trees in metropolitan areas contribute positively to property value.  Trees do require maintenance, with the long-term goal of tree management being sustainability and the maintenance of ecological, social and economic functions for the duration of a tree’s useful life.

•     Economic - Delivery Program/Operational Plan Implications

While there are no immediate impacts to the Operational Plan it is conceivable that infrastructure works affecting Significant Trees on public lands may be more costly due to the need to protect against damage to a listed tree.

Risk Analysis:

There are no immediate risks to Council adopting in principle the draft Coffs Harbour Significant Tree Register and draft Coffs Harbour City Council Significant Tree Policy.  Direct consultation with affected landholders, combined with exhibiting the draft Coffs Harbour Significant Tree Register and the draft Coffs Harbour City Council Significant Tree Policy and, at a later stage the DCP amendments, reduces the risk of community dissatisfaction by ensuring adequate public participation.

Consultation:

Direct consultation was undertaken with all owners of trees identified for draft listing on private property, with trees removed from the register where the owner was not in favour of the listing.  Managers of affected public land were consulted in relation to the location of the tree respective to infrastructure such as water and sewer structures.  Trees that were determined as being a high risk to infrastructure were removed from the draft Coffs Harbour Significant Tree Register.  Consultation has also been undertaken with sections of Council affected by the draft Coffs Harbour Significant Tree Register and draft Coffs Harbour City Council Significant Tree Policy.

Exhibiting the draft Coffs Harbour Significant Tree Register and draft Coffs Harbour City Council Significant Tree Policy will give an opportunity for broader community consultation.

Related Policy, Precedents and / or Statutory Requirements:

Council does not currently have a Significant Tree Register although it is a common practice throughout NSW.  The identification of significant trees is included as an action in Council’s adopted Biodiversity Action Strategy.

Implementation Date / Priority:

Following exhibition a report will be prepared for Council outlining any submissions and suggested amendments. The final Coffs Harbour Significant Tree Register and final Coffs Harbour City Council Significant Tree Policy will come into effect following final endorsement by Council and amendments to the DCP (which will be reported to a future meeting of Council).

Conclusion:

This report has provided Council with an overview of the draft Coffs Harbour Significant Tree Register (Attachment 1) and draft Coffs Harbour City Council Significant Tree Policy (Attachment 2). The report seeks approval for public exhibition for a period of 28 days.

 


Ordinary Council Meeting Agenda                                                                                          25 May 2017

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Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                               25 May 2017

SC17/27       GC2018 Queen's Baton Relay - Council Selected Batonbearer Nomination

Author:                        Group Leader City Prosperity

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LC4 We have many opportunities to enjoy life together

Attachments:              ATT1  SC17/27   CONFIDENTIAL          GC2018 Council Selected Batonbearer Nominations 

Confidential in accordance with Section 10A(2)(d)(iii) of the Local Government Act as it contains information that would, if disclosed, reveal a trade secret.

ATT2  SC17/27   GC2018 QBR Council Selected and Specialised  Batonbearer Nomination Programs 
Information Pack 

ATT3  SC17/27   GC2018 QBR Batonbearer Nominee Terms and Conditions Council Selected and Specialised Batonbearer Nomination Programs   

 

Executive Summary

Coffs Harbour has been selected as an Australian Celebration Community of the Gold Coast 2018 Commonwealth Games Queen’s Baton Relay (QBR).  The QBR is a Commonwealth Games tradition that celebrates the Commonwealth’s diversity, inspires community pride and excites people about the world-class festival of sports and culture to come.

The Queen’s Baton will travel for 100 days bringing together everyday Australians to become batonbearers and carry the Queens’s Baton with pride through Australian Celebration Communities. 

Council is invited to nominate one Council Selected Batonbearer to take part in the Coffs Harbour celebration on 1 February 2018. Nominees must meet one or more of the nomination and selection criteria to be considered for a QBR Batonbearer position.  The Council Selected Batonbearer Nomination Program must remain a closed confidential process and is not open to the general public or the media.

 

 

 

Recommendation:

That Council confirm the nomination for the Council Selected Batonbearer for the Gold Coast 2018 Queen’s Baton Relay

 

 

Report

Description of Item:

The Commonwealth Games will be held on the Gold Coast in April 2018. The organising committee for the event is known as GOLDOC.

The Queen’s Baton Relay is a Commonwealth Games tradition that celebrates the Commonwealth’s diversity, inspires community pride and excites people about the world-class festival of sports and culture to come. The Queen’s Baton carries a message from Her Majesty Queen Elizabeth II that calls the Commonwealth’s athletes to come together in peaceful and friendly competition.

Commencing in Australia on 25 December 2017, the Baton will travel for 100 days bringing together everyday Australians to become batonbearers and carry the Queen’s Baton with pride through Australian Celebration Communities.  Approximately 3,800 batonbearers will be given the opportunity to carry the Queen’s Baton in Australia.

Coffs Harbour has been selected as a celebration community of the Gold Coast 2018 Commonwealth Games Queen’s Baton Relay on 1 February 2018.

The community have had the opportunity to nominate community members as batonbearers through the official community nomination program (now closed).

Host local councils of a GC2018 QBR Celebration Community are able to nominate one (1) community representative per Celebration Community within their council area to participate as a batonbearer. Positioning of these batonbearers will be solely at the discretion of the GOLDOC QBR team.

GOLDOC strongly recommends for the Council Selected Batonbearer nominee to be a ‘local hero’ or some unsung community member the council wish to recognise for their achievements and contributions to their local community. Every community has them. 

Nominees must meet one or more of the nomination and selection criteria to be considered for a QBR Batonbearer position. 

The Council Selected Batonbearer Nomination Program must remain a closed confidential process and is not open to the general public or the media.

Issues:

A standardised GC2018 Queen’s Baton Relay Batonbearer nomination and selection criteria are used across all categories of batonbearers. Councils should read the nomination and selection criteria and ensure that their selected nominee meets one or more of the criteria. Every nominee must have a story to share with the media if requested.

A batonbearer is someone who meets one or more of the following criteria:

·    Has achieved something extraordinary or inspired others to achieve something extraordinary.

·    Has made a significant contribution to either sport, education, the arts, culture or charity within their community.

·    Has excelled, or aspires to excel athletically or personally.

·    Contributes to a fun, friendly, vibrant and inclusive community.

Other eligibility rules include:

·    The minimum age of a batonbearer is 10 years old as at 25 December 2017 (start date of the Relay in Australia).  

·    All nominees must be Australian Citizens or lawfully entitled to reside in Australia during the Relay period (25 December 2017 – 4 April 2018).

Council are not permitted to nominate any elected member of parliament, elected local councillor, host local government worker or member/family member of the local government selection panel as their council selected nominee.

To submit an eligible nomination, councils are responsible for ensuring that the nomination spreadsheet is completed correctly and all necessary approvals are received from the nominee and parent/guardian (if applicable) before the nomination is submitted by 2 June 2017.  All successful nominees will be contacted by GOLDOC in July 2017 to commence security background checks.  Final announcements of successful batonbearers will be made in October 2017.

Options:

The following options are available to Council:

1.   Choose to nominate a Council Selected Batonbearer that meets the criteria and elibility rules

2.   Choose not to nominate a Council Selected Batonberer

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this nomination.

•     Social

The Queen’s Baton Relay is a community celebration. 

•     Civic Leadership

Civic Leadership is captured in Coffs Harbour 2030 through:

-      LC 3.1 Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour

-      LC 4.3 Support activities and events that help us celebrate our diversity

-      LC 4.4 Develop inclusive community, sporting and recreational events and activities

-      LP 6.1 Develop strong and effective partnerships between business, the community, educational institutions and government

•     Economic – Broader Economic Implications

The Queen’s Baton Relay is expected to generate media coverage throughout its journey to the Gold Coast.

 

There are no specific broader economic implications associated with this nomination. 

•     Economic - Delivery Program/Operational Plan Implications

An allocation to run the event has been made in the draft Delivery Program/Operational Plan currently on exhibition.

Risk Analysis:

A full risk assessment on the entire QBR community celebration will be undertaken as part of the hosting requirements for the event.

Consultation:

Council’s Group Leader City Prosperity chairs the QBR Local Working Group (LWG) for the Coffs Harbour community celebration.  The LWG has met twice, and prior to the official announcement was limited to GOLDOC, Council, NSW Police, RMS and the Department of Primary Industries.  Further stakeholders will now be included in the LWG. 

 

Communication with the broader community including schools and other education facilties will commence in the second half of 2017.

Related Policy, Precedents and / or Statutory Requirements:

Council’s adopted Coffs Harbour Event Strategy 2020 supports civic events such as the GC2018 Queen’s Baton Relay.

 

Coffs Harbour has previously hosted similar civic events including the Sydney 2000 Olympic Torch Relay.

Implementation Date / Priority:

The deadline for Council selected batonbearer nominations is 2 June 2017. Strictly no nominations will be accepted after this date.

 

All successful nominees will be contacted by GOLDOC in July 2017 to commence security background checks.  Final announcements of successful batonbearers will be made in October 2017.

Conclusion:

The Gold Coast 2018 Commonwealth Games Queen’s Baton Relay is a significant civic and community celebration event.  Council’s selected batonbearer nomination will add to those already made by the commuinty to ensure our local heros have an opportunity to take part in the event.

 


Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                                                          25 May 2017

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Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                               25 May 2017

SC17/28       Dual Naming - Fitzroy Oval

Author:                        Section Leader Community Planning & Performance

Authoriser:                  Director Sustainable Communities

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

Attachments:              Nil

 

Executive Summary

Various stakeholders, including Council’s Yandaarra Aboriginal Advisory Committee, have proposed for the dual naming of Fitzroy Oval to recognise its significance to the Coffs Harbour Gumbaynggirr community as a previous site of Aboriginal settlement. Council’s adopted Reserve Naming and Memorial Policy provides for the dual naming of Reserves.

The dual naming proposed is ‘Yaam Nguura Jalumgal’ which is Gumbaynggirr language for the historical English name used by the Gumbaynggirr community for Fitzroy Oval which was ‘The Old Camp’.

Consultation relating to the dual naming was undertaken with the Yandaarra Committee, the Coffs Harbour District Local Aboriginal Land Council, the Garlambirla Guuyu Girrwa Elders Group and Aboriginal community members who have a connection to Fitzroy Oval when it was an Aboriginal settlement. All stakeholders consulted have endorsed the dual naming proposal.

 

Recommendation:

That Council:

1.       Adopt the proposal to dual name Fitzroy Oval as ‘The Old Camp - Yaam Nguura Jalumgal’

2.       Submit an application to the Geographical Names Board of New South Wales to have Fitzroy Oval dual named as ‘The Old Camp - Yaam Nguura Jalumgal’.

 

Report

Description of Item:

Council adopted the Reserve Naming and Memorial Policy on 23 July 2015. The Policy identifies Council’s commitment to recognising our Aboriginal cultural heritage by registering original place names given by Aboriginal people so that they sit side by side with existing European names. The Policy supports the Indigenous dual naming of Reserves in accord with the criteria detailed in the Policy under clause 2.1.16:

2.1.16 - Indigenous and/or dual naming will be acceptable where there is strong evidence supported by written or oral tradition, of a pre-existing indigenous place name. The use of Indigenous names will be governed by the Geographical Names Board of NSW “Dual Naming – supporting cultural recognition” factsheet. “All indigenous/dual naming proposals will require the support of the local aboriginal land council and relevant elder group. Proposed names will be vetted by the local Aboriginal language centre to ensure accuracy and contextual relevance. Indigenous name, or dual naming with an Indigenous name, will be determined by resolution of Council.

The evidence of written or oral tradition regarding the dual name has been established during consultation that was undertaken with various stakeholders including Council’s Yandaarra Aboriginal Advisory Committee, the Coffs Harbour District Local Aboriginal Land Council, the Garlambirla Guuyu Girrwa Elders Group and Aboriginal community members whom have a connection to Fitzroy Oval when it was an Aboriginal settlement. All stakeholders identified that the Fitzroy Oval site is referred to as the ‘The Old Camp’ by the Gumbaynggirr community.

The dual name proposed is ‘Yaam Nguura Jalumgal’ which is a Gumbaynggirr language translation of the historical English name used by the Gumbaynggirr community for Fitzroy Oval which was ‘The Old Camp’.

Issues:

The site of ‘Yaam Nguura Jalumgal’ is highly significant to the Gumbaynggirr community.

In the 1940s, a large settlement of Aboriginal people developed on the Coffs Creek, where the Fitzroy Oval is today, with up to 200 people living at the ‘The Old Camp’ at one time. The size and duration (approximately 20 years) of camps such as ‘The Old Camp’ around the Coffs Creek demonstrates that this creek area has been an important historic focus for Aboriginal people in the Coffs Harbour area and the camps were places of transition and survival.

All stakeholders consulted have endorsed the dual naming proposal and the dual names. This included the support of the Coffs Harbour District Local Aboriginal Land Council, and the Muurrbay Aboriginal Language and Co-operative Centre who vetted the name for accuracy and relevance.

If the dual-naming proposal is endorsed by Council, a dual name request shall be made to the Geographical Names Board of NSW to seek approval for the Council endorsed dual-naming to also be recognised geographically.

Options:

1.    Adopt the recommendation provided to Council.

2.    Modify the recommendation. Any departure from the proposed dual naming would require new community consultation.

3.    Reject the recommendation for dual naming of Fitzroy Oval.

Sustainability Assessment:

•     Environment

There are no perceived environmental impacts.

•     Social

The Indigenous dual naming of Reserves preserves Aboriginal cultural heritage, builds local cultural identity, and fosters inclusion and recognition for the Aboriginal community.

•     Civic Leadership

The proposal has been assessed in accordance with Council’s Reserve Naming and Memorial Policy to ensure transparency and accountability.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program implications associated with adopting the recommendation.

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. The proposal is considered to be consistent with that Policy.

Consultation:

Consultation has been undertaken with Council’s Yandaarra Aboriginal Advisory Committee, the Coffs Harbour District Local Aboriginal Land Council, Garlambirla Guuyu Aboriginal Elders group, Muurrbay Aboriginal Culture Language Co-op and local Aboriginal community which consisted of individuals whom lived on the site and the descendants of the people that lived on Aboriginal settlement.

Related Policy, Precedents and / or Statutory Requirements:

-       Coffs Harbour City Council – Reserve Naming and Memorial Policy

 

-       Geographical Names Act 1966

 

-       Creative Coffs – Cultural Strategic Plan 2017-2022 - Strategy 3.4: Provide relevant signage in the dual languages of Gumbaynggirr and English and advocate for such signage from other organisations. 

Implementation Date / Priority:

The dual naming of Fitzroy Oval will take immediate effect if approved.

Conclusion:

The dual naming of Fitzroy Oval has been proposed by Council’s Yandaarra Aboriginal Advisory Committee due to the significance of the site to the Coffs Harbour Gumbaynggirr community as a previous site of Aboriginal settlement. The dual naming would create an important Aboriginal cultural identity legacy and it is recommended that Council adopt the proposal.

  


Ordinary Council Meeting Agenda                                                               25 May 2017

SI17/11         Amendment to Alcohol Free Areas in Woolgoolga CBD

Author:                        Recreation and Open Space Officer

Authoriser:                  Acting Section Leader Survey & Design

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

Attachments:              ATT1  SI17/11     Market St Alcohol Zone Suspension  

 

EXECUTIVE SUMMARY

The ‘Curryfest 2017’ event organisers are including a new, additional night time event called "Eat St", to take place on Saturday 30 September 2017, a week after the main Curryfest. “Eat Street” will involve a number of mobile vendors in Market St, complementing the permanent dining venues. 6-8 vendors will showcase their craft beer, cider and wine products. These stallholders will be permitted to sell alcohol to patrons within the fenced event area.  Market Street is currently an Alcohol Free Zone (AFZ).

 

Section 645 of the Local Government (LG) Act provides for Council, by resolution, to allow the temporary suspension of AFZs for specific periods or events.  The LG Act and Ministerial Guidelines on Alcohol Free Zones (February 2009) provide a specific procedure which must be followed in relation to suspending AFZs, and this includes a requirement to seek Council’s endorsement as well as Police approval.

 

 

Recommendation:

That Council approve the temporary suspension of the Market Street, Woolgoolga Alcohol Free Zone between Nightingale St and Queen St, on 30 September 2017 from 3pm to 11.30pm for the purpose of the Curryfest “Eat St” event, pursuant to the provisions of Section 645 of the Local Government Act 1993.

 

 

Report

Description of Item:

Temporary Suspension of Alcohol Free Zones

 

Curryfest is an annual festival celebrating Woolgoolga’s unique Punjabi heritage. Each year international and interstate visitors join with thousands of people from all over NSW and locals to enjoy the event. In 2017 it is intended to present an additional event called “Eat St” on the Saturday following Curryfest, to encourage visitors to lengthen their stay on the Coffs Coast.

 

“Eat Street” will involve a number of mobile vendors complementing the permanent dining venues operating in Market Street, including 6-8 vendors that will showcase their craft beer, cider and wine products. These stallholders will be permitted to sell alcohol to patrons within the fenced event area pending suspension of the existing Alcohol Free Zone in Market Street.

 

Section 645 of the Local Government (LG) Act provides for Council, by resolution, to allow the temporary suspension of AFZs for specific periods or events.  The LG Act and Ministerial Guidelines on Alcohol Free Zones (February 2009) provide a specific procedure which must be followed in relation to suspending AFZs, and this includes a requirement to seek Council’s endorsement as well as obtaining Police approval.

Issues:

Alcohol Free Zone Suspension

NSW Coffs Clarence Local Area Command (NSW Police) has forwarded written approval for the “Eat St.” event. There are no issues perceived with the temporary suspension as it is for specific managed events in well frequented areas. AFZ suspensions such as these allow Council and the business community flexibility to stage events and festivals as part of a broader activation strategy.

Options:

1.       Adopt the recommendations.

2.       Modify the recommendation to trial the temporary suspensions for the “Eat St” event.

3.       Reject the recommendation; however failure to allow flexibility within the Woolgoolga CBD for managed activation events, such as “Eat St” may impact negatively on the CBD businesses and local tourism outcomes.

Sustainability Assessment:

•     Environment

No negative environmental concerns will occur as a result of the amended alcohol controls.

•     Social

There are minimal social concerns  associated with amending the Market St alcohol free zone to allow “Eat St” to take place.  Police will be monitoring the event and have the powers to deal with any anti-social behaviour that may take place under their existing legislation. The organisers have completed a risk assessment, and have obtained approval from the Police. They will adhere to the Responsible Service of Alcohol guidelines.

•     Civic Leadership

This proposal works towards achieving the outcomes identified within the Coffs Harbour 2030 Strategic Plan and is directly connected to the themes "Learning and Prospering" and “Looking after our Community”.  The proposal will assist in ensuring that:

-        Promote opportunities around renewable energy, sustainable tourism, sustainable agriculture and fisheries, local produce, creative and clean industries

These areas are identified as outcomes/objectives in the 2030 Plan.

•     Economic – Broader Economic Implications

Temporarily suspending the AFZ for specific events and building on successful festivals such as Curryfest provides an economic benefit for the region.

•      Economic - Delivery Program/Operational Plan Implications

The cost of installing notices will be absorbed within current programs.

Risk Analysis:

Temporary suspension of AFZ’s

The event organiser has completed a risk assessment and proposed a range of measures,  such as security personnel , in relation to controlling unruly behaviour. The event is approved by Council, in consultation with the local police, and appropriate risk mitigation measures will be affected for the purpose on the day, including complying with Responsible Service of Alcohol guidelines.

Consultation:

Internally consultation has occurred with all relevant sections.  Externally, consultation has been undertaken with the Coffs Clarence Police Local Area Command and with the “Curryfest” event organiser.

Related Policy, Precedents and / or Statutory Requirements:

Alcohol Free Zones

Section 645 of the Local Government Act provides for Council, by resolution, to allow the temporary suspension of any AFZ. The Act and Ministerial Guidelines on Alcohol-Free Zones (February 2009) provide a specific procedure which must be followed in relation to suspending AFZs, and this includes a requirement to seek Council’s endorsement. 

 

Following adoption of the suspension of an AFZ, Council must publish a notice in a local newspaper informing the community of the suspension that will be in place: AFZ street signs must be covered immediately on commencement of the timeframe and the covers removed immediately following the suspended time. The Event Organiser will be responsible for ensuring the correct signs are in place.

Implementation Date / Priority:

Notices will be installed following the Council resolution. The resolution will come into effect once notices are installed.

Conclusion:

It is recommended, for Councillors’ consideration, that allowing a temporary suspension of the AFZ in Market Street Woolgoolga will allow for enhanced opportunities for “Curryfest” 2017 and subsequent promotion of the town.

 


Ordinary Council Meeting Agenda                                                                 25 May 2017

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Ordinary Council Meeting Agenda                                                               25 May 2017

T17/11          TRUST REPORT - Relocation of Marine Rescue Woolgoolga to Arrawarra Headland Facility - Progress Report

Author:                        Manager Holiday Parks and Reserves

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LC1 Coffs Harbour is a strong, safe and adaptable community

Attachments:              Nil

 

 

Executive Summary

In accordance with Council’s resolution 2017/3 at its meeting held on 9 February 2017, progress reports are provided to each Council meeting on the relocation of Marine Rescue Woolgoolga to Arrawarra Headland.

 

 

Recommendation:

That Council, as Corporate Manager of the Coffs Coast State Park Trust, note the progress report.

 

Report

Council, as Corporate Manager of the Coffs Coast State Park Trust, is continuing to work with Marine Rescue Woolgoolga (MRW) and Woolgoolga Surf Life Saving Club (WSLSC) to secure suitable bases of operation for each organisation.  After significant investigation work a suitable location for MRW has been found at the Arrawarra Headland Research Station, which is also a Crown Reserve.

 

The proposed relocations are vitally important to the future operations of both MRW and the WSLSC.  The WSLSC advised the Trust in early 2017 that funding sources are at threat due to the WSLSC project not being ‘spade ready’ by 30 June 2017.

 

Progressing the proposed relocations has required significant negotiations to change existing tenures and ensure the future operational requirements of all parties are considered.  The land tenure changes required to enable the MRW relocation to occur are complete.  Following initial design work, obtaining quantity surveying estimates and further negotiations, up to $600,000 funding from the Coffs Coast Trust has now been committed to the MRW relocation project.

 

This report provides progress on the MRW relocation project as at 16 May 2017 (Council/Trust reports due date) and is detailed by milestone in the following table.  It should be noted that the completion of milestones is at certain stages dependent on other parties.  Council officers recognise the critical importance of completing the MRW relocation project as quickly as possible to facilitate WSLSC’s relocation.

 


 

 

Milestone

Status as at 13 April 2017

Legal access to the Arrawarra Headland facility

Recent discussions with NPWS officers have indicated that a letter of consent could be issued to facilitate access until such time as the Coffs Coast Regional Park Plan of Management is adopted.  Once adopted, it is envisaged that the Plan of Management will make the granting of an easement for access permissible.  Council has been waiting on confirmation from NPWS officers regarding this course of action for some time with no formal response from NPWS.  NPWS officers have advised that the issue is progressing but is being held up by internal resourcing issues.

Final design of the Arrawarra Headland facility

Sub consultants have been engaged by the architect to progress the designs to the tender/construction stage.  Meeting scheduled with Architect and UNE for 22 May to finalise minor UNE requirements.

Development consent for the Arrawarra Headland facility

Development Application is currently being assessed by CHCC. Submission period closed 12 May 2017.  Further aboriginal due diligence consultation has been undertaken including geotechnical investigations which showed the site had been subjected to previous earthworks and comprised of some fill material.  As a result of the geotechnical investigations the aboriginal stakeholders confirmed there was no requirement for onsite inspectors during construction.  Despite this, the site remains culturally significant and will require ongoing consultation and involvement from the community.

Tender and contract for construction of the Arrawarra Headland facility

Tender/construction contract documents are being progressed with consultants engaged to develop specifications.  Structural, Civil and Hydrological plans have been finalised.  Electrical and mechanical plans are with Marine Rescue and UNE for final sign off.

Surrender of Marine Rescue lease at Woolgoolga Beach Reserve

Marine Rescue NSW has previously confirmed their intent to relinquish their existing lease once construction contract documentation is executed.  They have recently provided written confirmation of this contingent upon Council meeting their requirements for the new base of operations at Arrawarra.

 

The preparation of a lease lot and lease for the WSLSC has progressed and Council is waiting for the survey plan to be received ready for lodgement.  All legal documents have been prepared and are ready to send to the lessee (SLSC) including a Deed of Agreement to Lease.

Marine Rescue Fundraising

Negotiations have been held with Marine Rescue regarding ongoing use of the reserve for fundraising activities and the development of a sponsorship arrangement in lieu of a built form facility for market activities.

 

In addition to progressing the project milestones, stakeholder engagement activities are continuing, including:

 

·       Discussion held with the Woolgoolga Surf Life Saving Club President to provide a project update and to address any concerns arising;

·       Council is awaiting confirmation from Mr Kevin Hogan MP with regards to exact milestones to meet the SLSC grant funding requirements.

 

 


Ordinary Council Meeting Agenda                                                               25 May 2017

T17/12          TRUST REPORT - Short Term Expression of Interest for the Former Deep Sea Fishing Club Facility

Author:                        Manager Holiday Parks and Reserves

Authoriser:                  Director Business Services

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

Attachments:              ATT1  T17/12      CONFIDENTIAL          EOI-831-TO Part 1 - Conditions of Responding

Confidential in accordance with Section 10A(2)(c) of the Local Government Act as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

ATT2  T17/12      CONFIDENTIAL          EOI-831-TO Part 2 - Specifications  

ATT3  T17/12      CONFIDENTIAL          EOI-831-TO Part 3 - Response Schedule Commercial  Technical   

 

 

Executive Summary

At the Council meeting of 27 April 2017 the Coffs Coast State Park Trust approved the drafting and content of an Expression of Interest (EOI) for short-term use (up to three years) of the Former Deep Sea Fishing Club facility.  The EOI documentation is contained within the confidential section of this report.  To ensure probity the EOI will remain confidential until it is formally advertised.

 

 

Recommendation:

That Council as Corporate Manager of the Coffs Coast State Park Trust approve the issuing of the EOI for short term use, up to three years, of the former Coffs Harbour Deep Sea Fishing Club facility.

 

Report

Description of Item:

At the Council meeting of 27 April 2017 the Coffs Coast State Park Trust resolved:

 

That Council as Corporate Manager of the Coffs Coast State Park Trust:

 

1.   Note the activities undertaken on the site since the disclaiming of the previous lease;

2.   Approve the drafting and content of an Expression of Interest (EOI) for short-term use (up to three years) of the existing facility;

3.   Approve the drafting of an EOI for long-term use and/or development of the expanded site that will be subject to a further report to the Trust; and

4.   After assessing the potential applicants for a short term lease on the former Coffs Harbour Deep Sea Fishing Club site, Council staff present a shortlist of lease applicants to full Council for assessment.  This acknowledges the high level of public interest for the future of the site and allows assessment in line with the community expectations for this site.

 

This report brings before the Trust point 2 of the resolution in the form of the Expression of Interest (EOI) for short-term use of the Former Deep Sea Fishing Club facility for a period up to three years.  The EOI documentation is contained within the confidential section of the report.  To ensure probity the EOI will remain confidential until it is formally advertised.

 

The EOI for short term use has been developed using Council’s standard templates and processes for this type of procurement.

Issues:

The conduct of the EOI and subsequent assessment by staff will deliver a shortlist of proponents for further assessment by the Councillors at a future meeting.  The final short list, as determined by the Councillors, will be subject to further procurement processes including either a Request for Quotations (RFQ) or Request for Tenders (RFT).  The final process will be determined as part of the EOI assessment.

Options:

There are multiple options available to the Council including:

 

1.   Adopt the EOI documentation as recommended;

2.   Make amendments to the EOI documentation and then adopt;

3.   Reject the recommendation and request that the staff make further amendments to the EOI documentation before further consideration by the Council; or

4.   Reject the recommendation and chose an alternate course of action.

 

Any amendments to the EOI documentation need to consider Council’s obligations with regards to the procurement process.

Sustainability Assessment:

•     Environment

There are no further environmental considerations beyond those highlighted in the previous report on this matter.

•     Social

There are no further social considerations beyond those highlighted in the previous report on this matter.

•     Civic Leadership

There are no further Civic Leadership considerations beyond those highlighted in the previous report on this matter.

•     Economic – Broader Economic Implications

There are no further broader economic implication considerations beyond those highlighted in the previous report on this matter.

•     Economic - Delivery Program/Operational Plan Implications

There are no further delivery program/operational plan implication considerations beyond those highlighted in the previous report on this matter.

Risk Analysis:

The key risk of the decision is ensuring that the correct and proper procurement practices are adhered to throughout the process.  The Council cannot select  and deal with a single proponent from the shortlist.  The shortlisting of proponents is a precursor to the next stage of procurement which will be either a formal RFQ or RFT.  The outcomes of both of these processes will be the subject of a future report to Council.

Consultation:

The EOI has been developed in consultation with other relevant Council officers.

Related Policy, Precedents and / or Statutory Requirements:

Coffs Harbour City Council is Corporate Manager of the Coffs Coast State Park Trust and is charged with the care, control and management of the reserve with incorporates the proposed EOI site.

Implementation Date / Priority:

The approved process will commence upon the resolution of the Trust with the EOI to be issued within two weeks of adoption.

Conclusion:

The EOI for short term use of the former Deep Sea Fishing Club faciility has been prepared in line with Council’s approved procurement processes.  The Council has several options available as per the Options Section of this report; however, the EOI as presented is recommended for approval.