Coffs Harbour City Council

31 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, 8 June 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.

 

 

Steve  McGrath

General Manager

 


Ordinary Council Meeting Agenda                                                                8 June 2017

Order of Business  

General Manager's Reports

GM17/07         Local Government Remuneration Tribunal.......................................... 4

GM17/08         New Council Policies......................................................................................... 7

Directorate Reports - Business Services

BS17/17          Monthly Financial Performance Report for the month ended 30 April 2017............................................................................................................................ 12

BS17/18          Reverse Auction - Supply of Electricity for Contestable Sites and Street Lighting................................................................................................... 16

BS17/19          Local Government Performance Audits.............................................. 19

BS17/20          2017-2018 Environmental Levy Projects Schedule............................ 21

Directorate Reports - Sustainable Communities

SC17/29          Draft Coffs Harbour Flying-Fox Camps Strategic Management Plan  34

Notices of Motion Sustainable Infrastructure

NOM17/09      Elbow Street Car Park................................................................................... 38

Directorate Reports - Sustainable Infrastructure

SI17/12           Transfer of easement for right of carriageway - Lot 206 DP 1206854, Stadium drive, Coffs Harbour.................................................................... 39

SI17/13           Release of Easements affecting Lot 7 DP 270062 and grant of easement affecting Lot 204 DP 794312, Korora Beach Estate, Plantain Road, Korora.................................................................................................................... 43

Trust Reports

T17/13             TRUST REPORT - Relocation of Marine Rescue Woolgoolga to Arrawarra Headland Facility - Progress Report........................... 46   


Ordinary Council Meeting Agenda                                                                8 June 2017

GM17/07      Local Government Remuneration Tribunal

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              Nil

 

Executive Summary

To advise Council of the determination by the Local Government Remuneration Tribunal of fees for Councillors and Mayors for 2017/2018.

 

Recommendation:

That Council:

1.       Pursuant to the provisions of Sections 248 and 249 of the Local Government Act 1993, the annual fee for Councillors be fixed at $19,310 for the 2017/18 financial year.

2.       Set an additional annual fee for the position of Mayor at $42,120 for the 2017/18 financial year.

 

Report

Description of Item:

Each year, pursuant to Section 241 of the Local Government Act 1993, the Local Government Remuneration Tribunal determines the categories for councils, county councils and mayoral offices and the maximum and minimum amounts of fees to be paid during the period 1 July to 30 June of the following year to Mayors and Councillors as well as chairpersons and members of county councils.

 

The Tribunal has made a determination on fees for 2017/18.

Issues:

The fees recommended by the Tribunal provide for a 2.5% increase in 2017/18 from 2016/17.

 

With respect to the level of fees payable to the Mayor and Councillors it will be recommended that Council set the fees at the maximum level.

 

Coffs Harbour City Council remained a Regional Rural Council and the movement of fees is as follows:

 

 

2015/16

2016/17

2017/18

 

Minimum

$

Maximum

$

Minimum

$

Maximum

$

Minimum

$

Maximum

$

Councillors

8,330

18,380

8,540

18,840

8,750

19,310

Mayors (additional)

17,740

40,090

18,180

41,090

18,630

42,120

 

 

Options:

1.   Adopt the recommendation provided to Council.

2.   Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

This report meets LC3 we have strong civic leadership and governance of the Coffs Harbour 2030 Community Strategic Plan.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

There is an overall budgeted increase of $5260 from the 2016/17 allocation.  This has

been allowed for within the Delivery Program.

Risk Analysis:

There were no significant risks identified in regards to this report.

Consultation:

This report reflects the findings of the Local Government Remuneration Tribunal, dated 12 April 2017.

Related Policy, Precedents and / or Statutory Requirements:

Section 239 of the Local Government Act established the Tribunal.

 

Section 241 of the Local Government Act provides for the Tribunal to determine fees.

 

Section 248 of the Local Government Act provides for Council to pay all Councillors an annual fee, fix the fee for all Councillors but at least the minimum.

 

Section 249 of the Local Government Act provides for the Council to pay the Mayor an annual fee but at least the minimum fee.  The Council may pay the Deputy Mayor a fee but it must be deducted from the Mayor's annual fee.

Implementation Date / Priority:

The new fees are payable from 1 July 2017.

 

This increase has been allowed for in the 2017/18 Delivery Program and Operational Plan.

Conclusion:

That Council consider the determination of the tribunal, and adopt the increase in fees. More information on the Local Government Remuneration Tribunal determination can be found on the NSW Remuneration Tribunals website at:

 

http://www.remtribunals.nsw.gov.au/local-government/current-lgrt-determinations

 

 


Ordinary Council Meeting Agenda                                                                8 June 2017

GM17/08      New Council Policies

Author:                        Governance Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM17/08  Asset Management Policy

ATT2  GM17/08  Biodiversity Offsets Policy

ATT3  GM17/08  Dedication of Land Policy

ATT4  GM17/08  Related Party Disclosure Policy

ATT5  GM17/08  Submission Policy

ATT6  GM17/08  Voluntary Planning Agreement Policy  

 

Executive Summary

As part of the ongoing process improvement and the organisational wide policy review, Council has recently developed five new policies (attached) and the submission policy is returned following public exhibition. These are presented for Council adoption.

 

Recommendation:

That Council adopts the following policies:

1.       Asset Management Policy

2.       Biodiversity Offsets Policy

3.       Dedication of Land Policy

4.       Related Party Disclosure Policy

5.       Submission Policy

6.       Voluntary Planning Agreement Policy

 

Report

Description of Item:

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.  The following table provides detail of the new policies that are ready for adoption.

 

Policy Name

Policy Detail

Asset Management Policy

The new Asset Management Policy refocusses Council’s asset management efforts towards providing ‘best possible value’ to the community through its asset management activities. This focus of ‘best possible value’ is to be addressed through the combined lenses of service performance, sustainability and risk/resilience. The policy emphasises a shift to a systematic approach to asset management, based the International Standard for Asset Management Systems (ISO 55001:2014) and legislative requirements for Integrated Planning and Reporting (IP&R).  Central to this new approach, the new policy requires that an Asset Management Steering Group, comprised of cross-organisational stakeholders, be formed to monitor and guide the implementation and improvement of the asset management system.

Biodiversity Offsets Policy

This policy outlines Council’s approach to the use of biodiversity offsetting (‘offsets’) under the planning processes under Parts 3, 4 and 5 of the Environment Planning and Assessment Act 1979 (EP&A Act). The policy broadens the existing approach of requiring offsets set out in the Coffs Harbour DCP, to allow more flexibility by meeting offset principles rather than counting the number of trees being removed and required to be planted.

The policy also allows a mechanism for offsetting to occur on a site separate to the development site, and on Council land, as long as other principles in the policy are met.  The policy refers to the Voluntary Planning Agreement Policy and the Dedication of Land Policy to ensure that legal processes are met.

Although there are recent reforms relating to offsetting, this policy only applies to matters under the care and control of council and not state government processes.

Dedication of Land Policy

As part of the planning process in NSW, land may be dedicated to Council by developers as part of a development application or planning proposal under the Environmental Planning & Assessment Act 1979.

Land may be dedicated for community purposes such as parks, playgrounds and pathways, for infrastructure purposes such as to function as drainage reserves, roads or detention basins or for environmental conservation and cultural heritage purposes.

The purpose of this policy is to:

·    provide clear criteria which Council must consider prior to accepting the dedication of land to Council for community, infrastructure or environmental conservation and cultural heritage purposes.

·    ensure that land is only dedicated to Council if the land is suitable for its intended purpose and meets the community’s needs and expectations.

·    ensure that Council is not burdened with high maintenance land or land with poor usability.

·    ensure that Council is not burdened with the costs of stabilising, remediating or otherwise rectifying land that carries risks to human health or the environment.

·    ensure that adequate funding is available for the long term maintenance of land dedicated to Council for community, infrastructure or environmental conservation and cultural heritage purposes.

Related Party Disclosure Policy

The objective of the Policy is to ensure that the existence of certain related party relationships, related party transactions and information about the transactions, necessary for users to understand the potential effects on the Financial Statements are properly identified, recorded in Council’s systems, and disclosed in Council’s General Purpose Financial Statements in compliance with AASB 124, the Privacy and Personal Information Protection Act 1998 [PPIPA] and the Government Information (Public Access) Act 2009 [GIPAA].State the reason this procedure has been developed, it aims and relevant outcomes of it implementation.

Submission Policy

On 8 December 2016 Council resolved to place this Policy on public exhibition for a period of 28 days. The draft policy was placed on public exhibition from the 14 December 2016 to 13 January 2017 (a period greater than 28 days in lieu of the Xmas break). One submission was receive that stated the following:

“ a) Subsection 2.1.1 third paragraph, last sentence should be more defined as to whose opinion shall decide the "certain circumstances" and how they are determined to be "unlikely to detrimentally affect...", and should certainly include detrimental effects to environment and biodiversity.

b) Subsection 2.5 fifth "dot point" There is often one or more bad aspects of a matter or proposal, which, while not being "key concerns", nevertheless should be pointed out, along with the good. I have often had planners comment that they are unhappy with how some projects of the past now appear, and they hope to do better in future projects. It is here that the observant public can inform Council and help produce good outcomes.

c) Subsection 2.9 fourth "dot point" There was a large proposal in the past in my suburb in which the proposer motivated his employees to write submissions in support. These would have differed and would have appeared to be many individual submissions. I would ask that you require a statement of relationship (eg. employer) or non-relationship to the proponent. This could be included at subsections 2.3 2.4 and 2.5.”

This submission was considered and as a consequence some slight amendments have been made to the original draft policy which was tabled to Council back in December 2016. The following details the changes:

Point a)

The policy was amended to remove the following sentence referred to in Point a of the submission above:

“Exceptions apply in certain circumstances such as where the development is unlikely to detrimentally affect the enjoyment of adjoining land or locality or impact on the interests of the public.”

The requirements for advertising/notification of developments is detailed in the EP&A Act, associated regulation and Part B of Council’s Development Control Plan 2015 (DCP). In prescribing advertising and notification, the DCP also provides for the circumstances where advertising and notification of developments may be dispensed with; called exceptions within the DCP.

In relation to the submission, there is no fixed definition for determining development to be considered an exception to require advertising/notification according to the DCP. This determination is made by delegated officers on behalf of the consent authority as part of the assessment process. In practice this determination takes into account potential impacts which includes the environment and biodiversity. 

For statutory reasons the wording in the Submissions Policy should therefore remain general to reflect the provisions of the EP&A Act, the Regulation and Council’s DCP.

Point b)

The wording of the draft policy has now been amended  and the reference to ‘outline key concerns ’ has been deleted and replaced with the following wording:

•         ‘outline concerns/issues’

Point c)

As each submission is assessed on merit – a statement of relationship or non-relationship to the proponent should not be considered and therefore not required as part of the submission process.

Voluntary Planning Agreement Policy

The NSW planning framework enables Council’s to enter into agreements with proponents to provide public benefits in conjunction with a development or instrument change. The agreements are voluntary and the public benefits can be in the form of a monetary contribution, the dedication of land or the provision of material public benefits directly.

This Policy sets out Coffs Harbour City Council’s position and procedures relating to voluntary planning agreements (‘VPAs’) under the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

This Policy applies to any development application or request for an instrument change where a VPA is proposed, for land and development within the Coffs Harbour local government area.

 

Issues:

There are no issues associated with this report.

Options:

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

 

1.   Adopt the recommendation provided to Council.

2.   Amend the recommendation or policy provided to Council and then adopt. It should be taken into account that a legal review was undertaken for the following policies due to the complexity and requirement to ensure compliance with legislation:

·    Voluntary Planning Agreement policy

·    Biodiversity Offset policy

·    Dedication of Land policy

3.   Reject the policy/policies provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

Policies are an important communication tool used by Council for providing our community and general public detail on strategic aims, commitments and obligations.

•     Civic Leadership

Policies are important for ensuring transparency and accountability in local government.  Their implementation enables Council to identify and respond to the community.  This is consistent with the Coffs Harbour 2030 Community Strategic Plan strategy LC3 We have strong civic leadership and governance.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

There is no perceived risk in the adoption of the policies listed in this report.

Consultation:

Internal stakeholders were consulted with the drafting of these policies.

 

The Submission Policy was placed on public exhibition between 14/12/2016 to 13/01/2017. There was one submission which is detailed in the table above.

 

Legal review was obtained for the Voluntary Planning Agreement policy, Biodiversity Offset policy and Dedication of Land policy.

Related Policy, Precedents and / or Statutory Requirements:

Detailed within each policy.

Implementation Date / Priority:

Immediate.

Conclusion:

That council adopt the attached policies.

  


Ordinary Council Meeting Agenda                                                                8 June 2017

BS17/17       Monthly Financial Performance Report for the month ended 30 April 2017

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/17   Monthly Financial Performance Report for the month ended 30 April 2017  

 

Executive Summary

This report presents the monthly financial performance report for 30 April 2017.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  It also provides the consolidated financial position as at 30 April 2017.

 

Recommendation:

That Council:

1.       Note the monthly financial performance report for 30 April 2017.

2.       Note the following Consolidated Income Statement.

 

CONSOLIDATED INCOME STATEMENT as at 30 April 2017:

2016/17 Original Budget 

2016/17 Projected Budget  

2016/17 Actuals  

Recurrent Revenue

‘000s

‘000s

‘000s

Rates & Annual Charges

$86,781

$90,793

$91,220

User Charges & Fees

$33,104

$24,517

$17,523

Interest & Investment Revenue

$5,700

  $5,687

$6,100

Other Revenues

$8,152

$16,700

$11,767

Grants & Contributions provided for Operating Purposes

$20,924

$22,543

$12,076

 

 

 

 

RECURRENT REVENUE

$154,661

$160,240

$138,686

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

$37,814

$37,768

$40,265

Borrowing Costs

$11,498

$11,498

$8,340

Materials & Contracts

$54,123

$63,059

$29,452

Depreciation & Amortisation

$44,767

$44,767

$37,306

 

 

 

 

 

 

 

 

2016/17 Original Budget 

2016/17 Projected Budget  

2016/17 Actuals  

Other Expenses

$12,236

$12,244

$6,363

 

 

 

 

RECURRENT EXPENDITURE

$160,438

$169,336

$121,726

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

($5,777)

  ($9,096)

$16,960

 

 

 

 

Capital Revenue

 

 

 

Capital Grants, Subsidies, Contributions and Donations

$24,317

$31,610

$5,561

 

 

 

 

CAPITAL REVENUE

$24,317

$31,610

$5,561

 

 

 

 

NET SURPLUS

$18,540

$22,514

$22,521

 

Report

Description of Item:

The monthly financial performance report provides information on Council’s actual to budget performance.  The report has been introduced to provide accrual based information to Council on a monthly basis.  The reports include a graphical representation of key performance indicators in order to provide key summary financial information.  A statement of comprehensive income is included which details monthly performance for April 2017.  This statement compares actual to budget on a monthly and year to date basis at the financial statement level.  Also included are the capital expenditure reports for the current financial year.

 

CONSOLIDATED INCOME STATEMENT as at 30 April 2017:

 

2016/17 Original Budget 

2016/17 Projected Budget

2016/17 Actuals  

Recurrent Revenue

‘000s

‘000s

‘000s

Rates & Annual Charges

$86,781

$90,793

$91,220

User Charges & Fees

$33,104

$24,517

$17,523

Interest & Investment Revenue

$5,700

  $5,687

$6,100

Other Revenues

$8,152

$16,700

$11,767

Grants & Contributions provided for Operating Purposes

$20,924

$22,543

$12,076

 

 

 

 

RECURRENT REVENUE

$154,661

$160,240

$138,686

 

 

 

 

Recurrent Expenditure

 

 

 

Employee Benefits & Oncosts

$37,814

$37,768

$40,265

Borrowing Costs

$11,498

$11,498

$8,340

Materials & Contracts

$54,123

$63,059

$29,452

Depreciation & Amortisation

$44,767

$44,767

$37,306

Other Expenses

$12,236

$12,244

$6,363

 

 

 

 

RECURRENT EXPENDITURE

$160,438

$169,336

$121,726

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

($5,777)

  ($9,096)

$16,960

 

 

 

 

Capital Revenue

 

 

 

Capital Grants, Subsidies, Contributions and Donations

$24,317

$31,610

$5,561

 

 

 

 

CAPITAL REVENUE

$24,317

$31,610

$5,561

 

 

 

 

NET SURPLUS

$18,540

$22,514

$22,521

 

Issues:

There is no obligation to provide monthly financial performance reports but as part of prudent financial management we have opted to do so.

Options:

An options analysis is not provided as this report is provided for noting only.

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 supports the delivery of high quality, sustainable outcomes for Coffs Harbour and 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

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

•     Economic - Delivery Program/Operational Plan Implications

The year to date operating surplus before capital grants is estimated to be $16.96 million with the surplus after capital grants estimated to be $22.52 million as at 30 April 2017.

Risk Analysis:

Not applicable

Consultation:

Group Leaders and their relevant staff have been provided with electronic budget reports for each cost centre on a monthly basis for review. Variations adopted by Council have been incorporated into the report.

Related Policy, Precedents and / or Statutory Requirements:

Local government regulations require the Responsible Accounting Officer to submit a quarterly budget review to Council.  There is no obligation to provide monthly financial performance reports but as part of prudent financial management we have opted to do so.

Implementation Date / Priority:

Not applicable.

Conclusion:

This monthly financial performance report provides information on the actual to budget results at the financial statement level along with capital expenditure reports for the current financial year. 

 


Ordinary Council Meeting Agenda                                                                8 June 2017

BS17/18       Reverse Auction - Supply of Electricity for Contestable Sites and Street Lighting

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

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

Attachments:              Nil

 

Executive Summary

In March 2017 a report was presented to Council advising of the process in which the Council has participated to procure it’s electricity supply for its large contestable sites and street lighting. The reverse auction was held on 26 April 2017 and the Council chose not to enter into any agreement at that point in time due to the extreme variation between the current contracted prices and those received under the auction.

 

The Australian Energy Market has been in a state of imbalance for a period of at least six months. This imbalance has seen energy prices spike when compared against there traditional levels which resulted in offers to the Council which would have seen an increase in electricity expenditure in excess of $1.75 million over two years. The significant increase in electricity pricing provides further impetus for Council to pursue solar installations.

 

Council will undertake a further reverse auction for the supply of electricity for large contestable sites and street lighting in October 2017.

 

 

Recommendation:

That Council receive and note the information provided within the report.

 

 

Report

Description of Item:

On 26 April 2017 the Council partcipated in a reverse auction for the supply of electricity for contestable sites and street lighting. Council has previously undertaken three successful reverse auctions with Regional Procurement for the supply of electricty for our large contestable sites and street lighting for the periods of 2012 and 2013,  2014 and 2015,  2016 and 2017.

 

The Australian Energy Market has been in a state of imbalance over the past six months which has recently been exacerbated by the closure of the Hazlewood Power Station within Victoria. The continued unrest in the market has seen the Australian Government enter the debate on what it can do to alleviate some of the concerns of major energy users with the recent spike in spot electricity prices.

 

As a result of the imbalance in the market, the results of the reverse auction for the Council were far from pleasing. There were a number of providers who entered into the auction. The final prices that were received as part of the auction, if accepted by the Council, would have seen the following increases in electicity prices for the Council for a 24 month contract:

 

Supply

Percentage Increase

Additional Cost to Council Over Current Contract

Large Contestable Sites

98.4%

$1.567 million

Street Lighting

89%

$0.224 million

 

The majority of other participants within the reverse auction had their electricity contracts expiring as at 30 June 2017 and therefore did not have the flexibility which Coffs Harbour City Council has with regard to awaiting the impact of the Australian Government intervention into the energy market. The Council engaged the services of an external company who has insight into the Australian Energy Market to provide advice on the enegry market into the short term. That advice was that there could be no certainty that energy prices would reduce to 2015 level into the future but that with the Australian Government showing a willingness to intervene in the market is was most likely that prices should at least remain steady if not come off their peak into the future. Given the fact that the Council’s current contracts do not expire until 31 December 2017, the decision was made not to accept the offers received as part of the reverse auction and to undetake a further reverse auction in October 2017 to secure the Council’s energy supply.

Issues:

There is a risk that energy prices will increase higher than those received under the reverse auction; however, research has indicated that a further substantial increase is unlikely over the short term.

Options:

As this report is provided for noting only, an options analysis is not provided.

Sustainability Assessment:

•     Environment

The provision of electricity to Council facilities has an impact on Council’s emissions reduction targets. In the near future the Council will be installing more on-site solar generating capacity to help meet its emission reduction and renewable energy targets. The significant increase in electricity pricing provides further impetus for Council to pursue solar installations.

•     Social

There are no perceived social impacts associated with this report.

•     Civic Leadership

The significant increase in electricity pricing provides Council with further impetus to demonstrate its leadership by investing in solar generating capacity.

•     Economic – Broader Economic Implications

There are no broader economic impacts associated with this report.

•     Economic - Delivery Program/Operational Plan Implications

Accepting the prices received during the reverse auction would have had a substantial impact on the Council’s budgeted expenditure for electricity. It is believed that undertaking a reverse auction for the supply of electricity in October 2017 will yield financial benefits to the Council.

Risk Analysis:

There is a risk that energy prices will continue to increase and therefore cost the Council more than the increases it could have locked in as part of the reverse auction.

Consultation:

Consultation has occurred with Regional Procurement and its partner Energy Action Australia.

Related Policy, Precedents and / or Statutory Requirements:

·    Renewable Energy and Emissions Reduction Plan

Implementation Date / Priority:

The current contracts expire on 31 December 2017 and therefore a reverse auction or alternative procurement process is required to be completed by that date.

Conclusion:

The Australian Energy Market has been in a state of imbalance for a period of at least six months. This imbalance has seen energy prices spike when compared against there traditional levels which resulted in offers to the Council which would have seen an increase in electricity expenditure in excess of $1.75 million over two years. Council will undertake a further reverse auction for the supply of electricity for large contestable sites and street lighting in October 2017.

 


Ordinary Council Meeting Agenda                                                                8 June 2017

BS17/19       Local Government Performance Audits

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/19   Office of the Auditor General - Local Government Performance Audits  

 

Executive Summary

The Auditor-General has been tasked by the State Government of New South Wales to undertake two to three Local Government Performance Audits annually. As performance audits have not been carried out in this context within New South Wales previously the Auditor General has written to Council to advise the areas of focus for these audits and what they entail.

 

The Auditor-General has requested that the attached letter to this report be tabled for the Council’s information.

 

 

Recommendation:

That Council note the information provided by the Office of the Auditor-General on the initial Local Government performance audits.

 

Report

Description of Item:

The New South Wales State Government has tasked the Auditor-General with undertaking two to three Local Government performance audits per annum. Performance audits assess whether selected activities are carried out effectively, efficiently and economically. In the first year the Auditor-General has chosen to focus on the sector as a whole. The first audit will review how Councils report to their community on service delivery. The second audit will focus on fraud controls which are in place across the sector. Council will be advised in due course if it has been selected to provide more in depth information for either or both of these two performance audits.

 

The Auditor-General has requested that the attached letter to this report be tabled for the Council’s information.

Issues:

There are no identified issues with this matter.

Options:

As this report is presented for noting only, an options analysis is not provided.

Sustainability Assessment:

•     Environment

There are no perceived environmental impacts.

•     Social

There are no perceived social impacts.

•     Civic Leadership

For the Council to participate in performance audits will allow the opportunity to provide the community with greater confidence that the procedures of Council are efficient, effective and economical.

•     Economic – Broader Economic Implications

There are no broader economic impacts.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program/Operational Plan impacts.

Risk Analysis:

There are no perceived risks. The performance audits may provide opportunity to make improvements to Council’s processes.

Consultation:

Relevant internal stakeholders have been advised of Auditor-General’s advice on the initial Local Government performance audits.

Related Policy, Precedents and / or Statutory Requirements:

Nil.

Implementation Date / Priority:

Council officers will work with the Office of the Auditor-General as required in the conduct of the performance audits.

Conclusion:

Council should welcome the opportunity to participate in a Performance Audit undertaken by the Office of the Auditor-General to allow greater insight and oversight into what Council and the sector are doing well and ways in which Council and the sector could improve.

 


Ordinary Council Meeting Agenda                                                                8 June 2017

BS17/20       2017-2018 Environmental Levy Projects Schedule

Author:                        Grants Administration Officer

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LE1 We share our skills and knowledge to care for our environment

Attachments:              ATT1  BS17/20   Minutes EL Committee 04.05.17 meeting scoring 2017-18 applications  

 

Executive Summary

To provide Council with the recommended program of works for the 2017/2018 Environmental Levy Program for inclusion in the 2017/2018 Draft Delivery Program.  The Environmental Levy Program funds environmental projects that may not otherwise be undertaken.

 

 

Recommendation:

That Council includes the following projects in the 2017/2018 Draft Delivery Program and Operational Plan:

To be allocated from the 2017/2018 Environmental Levy Program

Recommended Allocation

Conservation & Sustainable Management of Biodiversity

$200,000

Environmental Levy Coordination

$63,100

Improving Diversity within CHCC Bush land Reserves

$200,000

Management of Key Environmental Weeds within Council Managed Lands

$100,000

Supporting Community Action in the Coffs Harbour LGA

$180,000

Restore and Enhance the Natural Environment of the Jetty Foreshores

$18,000

Restore and Maintain the Natural Environment of Boambee Beach North

$18,000

Orara River Rehabilitation Project

$175,000

Ocean View Headland Access & Rehabilitation St 2

$37,098

Growing Our Future

$28,930

Investigating Water Quality in Coffs Coastal Estuaries & the relationship to adjacent land use

$50,000

Jaliigirr in the Coffs LGA

$30,000

Repairing Gumbayngirr Country - Darrunda Wajaarr

$55,000

North Coast Regional Botanic Garden Education Officer

$20,000

Community Supporting Land for Wildlife Initiative

$9,900

Koala Rehabilitation Care

$5,000

Kangaroos in Coffs Harbour: Non-lethal Management and Movement Studies

$30,000

Implementation of the LGA wide Flying-fox Management Plan

$35,000

Review of Coffs Harbour City Koala Plan of Management 1999

$52,372

Matching Grant funds allowance/Environmental Levy Policy up to $50k p.a.

$16,000

 

Report

Description of Item:

Council invited submissions for funding from the 2017/2018 Environmental Levy from Wednesday 15 February 2017 until Friday 31 March 2017.

 

A total of 28 submissions were received.  An electronic file containing all submissions is available in the Councillors' Resource Centre.

 

The recommended program from the Environmental Levy Committee is included in this report.

Issues:

The Environmental Levy Committee’s recommended 2017/2018 Environmental Levy Program is shown below.

 

Submissions included in the recommended program address a strategy in Council’s Coffs Harbour 2030 Plan ('Looking after Our Environment' theme).  The majority of submissions are recommended with a reduced level of funding than requested.

 

In February 2012 a review of the Environmental Levy Program was undertaken and a report presented to the Council. The Council upon considering the report adopted the 10 recommendations on 23 February 2012. One of the 10 recommendations was that the Council projects of Environmental Levy Administration, Weeds Control, Bush Regeneration and Biodiversity be funded directly from the Environmental Levy and that these funds be deducted from the fund prior to the consideration of the Committee. These four projects are the first four listed in the detail following and this year the Committee has recommended amounts being approved for three of the four projects being less than put forward by Council officers, which is in contravention of this current resolution of Council.

 

Also, the quarantining of funds for specific projects/programs is one matter that is expected to be addressed as part of the current review of the Environmental Levy Program. It is considered prudent to await the outcome of that review before changing Council’s policy position on this matter. If Council determines to accept the Environmental Levy Committee’s recommendations, the levels of service with be reviewed and adjusted accordingly within the funding constraints.

 

Details of Recommended Projects are as follows:

 

Project

Amount

Requested

Amount Recommended

Conservation & Sustainable Management of Biodiversity

$232,300

$200,000

Environmental Levy Coordination

$63,100

$63,100

Improving Diversity within CHCC Bush land Reserves

$216,000

$200,000

Management of Key Environmental Weeds within Council Managed Lands

$110,373

$100,000

Supporting Community Action in the Coffs Harbour LGA

$205,555

$180,000

Restore and Enhance the Natural Environment of the Jetty Foreshores

$20,000

$18,000

Restore and Maintain the Natural Environment of Boambee Beach North

$20,000

$18,000

Orara River Rehabilitation Project

$200,000

$175,000

Ocean View Headland Access & Rehabilitation St 2

$37,098

$37,098

Growing Our Future

$28,930

$28,930

Investigating Water Quality in Coffs Coastal Estuaries & the relationship to adjacent land use

$60,000

$50,000

Jaliigirr in the Coffs LGA

$39,367

$30,000

Repairing Gumbayngirr Country - Darrunda Wajaarr

$58,162

$55,000

North Coast Regional Botanic Garden Education Officer

$20,000

$20,000

Community Supporting Land for Wildlife Initiative

$9,900

$9,900

Koala Rehabilitation Care

$5,000

$5,000

Kangaroos in Coffs Harbour: Non-lethal Management and Movement Studies

$36,242

$30,000

Implementation of the LGA wide Flying-fox Management Plan

$70,000

$35,000

Review of Coffs Harbour City Koala Plan of Management 1999

$95,000

$52,372

Matching Grant funds allowance / EL Policy up to $50k p.a.

$50,000

$16,000

Total Amount Requested and Recommended

$1,577,027

$1,323,400

 


Projects not recommended

Amount

Requested

Community Sustainable Living Program

138,000

A Sustainable Living Showcase

7,606

Supporting Working on Country on the Coffs Coast

17,000

Incentives for On-ground Sustainability Measures on Intensive Horticulture Farms

30,000

Youth Against Marine Debris Challenge

5,000

Woolgoolga Lake Riparian Restoration Project

16,567

Wild Dog Trapping & on-ground baiting

4,500

Roadside Vegetation Environmental Management Plan

25,000

Total Amount Requested for Projects Not Recommended

$243,673

 

 

Total Amount Requested for all Projects

$1,820,700

 

Schedule of Estimated Funding Sources:

 

$

Environmental Rate Levy

1,272,100

Water fund contribution

50,000

Environmental Levy Reserve (not included; it is a minimal balance)

0

Interest

1,300

Total Funds

1,323,400

 

Details of Recommended Projects:

 

1.    Conservation and Sustainable Management of Biodiversity

 

Activities for the position of Biodiversity Officer have been guided by the Planning Framework for Biodiversity Assets, some of the key projects are: Implement high priority actions in council’s Biodiversity Action Strategy, in addition to the provision of ongoing advice to Development Applications and LEP Amendments.  The project will also progress biodiversity strategy and policy improvements including coastal management plans.  Undertake compliance investigations and enforcement action where required on vegetation removal matters.  Provide advice to customers on the Tree Permit/ Development Application system. Administer the Tree Permit/Development Application system.  Due to funding limitations the Committee recommends that $200,000 of the $232,300 requested be allocated to the project.

 

It is recommended that $200,000 be allocated from the 2017/2018 Environmental Levy Program for Conservation and Sustainable Management of Biodiversity.

 

2.    Environmental Levy Coordination

 

The following processes are required to administer the project effectively: Advertise for submissions; Distribute submissions to the Environmental Levy Committee (ELC) for scoring; Convene, and attend ELC meetings; Prepare Council Reports in response to ELC recommendations; Advise applicants of outcome/s; Update website with adopted program; Review monthly financial reports; and Provide quarterly and end of financial year project status report to Council.

 

It is recommended that $63,100 be allocated from the 2017/2018 Environmental Levy Program for Environmental Levy Coordination.

 

3.    Improving Diversity within CHCC Bushland Reserves  

 

Coffs Harbour City Council currently manages over 2000 ha's of natural area reserves. These reserves form a network of important local and regional environmental corridors, connecting coastal areas to larger private and public land holdings to the west.  They form habitat for a number of threatened species, including koalas, gliders, and flying foxes, and contain a variety of endangered ecological communities.

 

Council has been undertaking a program of reserve improvement works, through the Bush Regeneration program for over 18 years.  This program involves control of environmental weeds, revegetation of degraded areas with native species assisting natural regeneration and supporting Landcare groups.  This program is undertaking consolidation of areas previously worked as well as commencing works in new priority reserves.  Due to funding limitations the Committee recommends that $200,000 of the $216,000 requested be allocated to the project.

 

It is recommended that $200,000 be allocated from the 2017/2018 Environmental Levy Program for Improving Diversity within CHCC Bushland Reserves.

 

4.    Management of Key Environmental Weeds within Council Managed Lands

 

To reduce the infestations of  priority target weeds, and provide opportunity for the revegetation and regeneration of Coffs Harbour natural areas; implement the North Coast and National Bitou Bush Strategies; implement the North Coast Weeds Strategy; implement the Coffs Harbour Coastal Reserves Plan of Management and Coffs Harbour Natural Areas Plan of Management; and attract external grants from government agencies.  A combination of weed control techniques will be employed to achieve the objectives, dictated by weed species, size, location and topography.  Continue removal program of priority weed species including Bitou Bush, Camphor Laurel, Privet, Glory Lily, Pine, Celtis, Pepper Tree, Vine Weeds and Cestrum.  Due to funding limitations the Committee recommends that $100,000 of the $110,373 requested be allocated to the project.

 

It is recommended that $100,000 be allocated from the 2017/2018 Environmental Levy Program for Management of Key Environmental Weeds within Council Managed Lands.

 

5.    Supporting Community Action in the Coffs Harbour LGA

 

The proposed project is for the support and management of 300 Landcare volunteers who are working on 33 work sites across over 300 ha of national parks and reserves in the Coffs Harbour LGA.  Volunteers will be provided with training, personal protective equipment, tools & materials, communication, insurance and administrative support.  They will be further supported through professional bush regeneration and revegetation works at their Landcare sites.  The project also includes material & administrative support for the Indian Mynah birds trapping program.  Due to funding limitations the Committee recommends that $180,000 of the $205,555 requested be allocated to the project.

 

It is recommended that $180,000 be allocated from the 2017/2018 Environmental Levy Program for Supporting Community Action in the Coffs Harbour LGA.

 

6.    Restore and Enhance the Natural Environment of the Jetty Foreshores

 

This project will restore, enhance and protect the biodiversity of the 18ha of native vegetation along the Coffs Harbour Jetty foreshores, an area which contains two endangered ecological communities and a threatened plant species.  This will be achieved by bush regeneration works (including primary weeding in new areas and maintenance of existing areas) by both contractors and volunteers.  These volunteers of the Jetty Dunecare Group have worked to restore the foreshores area for 33 years, not only reducing noxious weed invasion, but also helping to engender community stewardship for the natural environment.  Their efforts to improve the area benefit residents, sporting clubs, businesses and tourists alike.  Due to funding limitations the Committee recommends that $18,000 of the $20,000 requested be allocated to the project.

 

It is recommended that $18,000 be allocated from the 2017/2018 Environmental Levy Program for Restore and Enhance the Natural Environment of the Jetty Foreshores.

 

7.    Restore and Maintain the Natural Environment of Boambee Beach North

 

This project will restore and protect the biodiversity of 35ha of native vegetation on Boambee Beach North, an area which contains two endangered ecological communities.  This will be achieved by bush regeneration works (including primary weeding in new areas and maintenance of existing areas), fox and feral cat control, as well as community education.  This will be undertaken by contractors and volunteers of the Jetty Dunecare Group, who have worked to restore this area for 7 years, not only reducing noxious weed invasion, but also helping to engender community stewardship for the natural environment.  Their efforts to improve the area benefit residents, businesses and tourists alike.  Due to funding limitations the Committee recommends that $18,000 of the $20,000 requested be allocated to the project.

 

It is recommended that $18,000 be allocated from the 2017/2018 Environmental Levy Program for Restore and Maintain the Natural Environment of Boambee Beach North.

 

8.    Orara River Rehabilitation Project

 

The project rehabilitates the riparian zone of the Orara River and its tributaries within the Coffs Harbour LGA through weed control, bush regeneration, provision of fencing and water troughs for livestock exclusion, and structural erosion control works.  The riparian regeneration work supports Lowland Subtropical Rainforest of the NSW North Coast Bioregion, listed as an Ecologically Endangered Community in NSW and nationally.  Where natural regeneration is inadequate, revegetation planting is carried out using local provenance plant stock.  Over 120 properties are currently actively involved in the project.  All project landholders must be part of a local Landcare group to access the project and are expected to contribute a day a month to maintain project works on their properties.  Due to funding limitations the Committee recommends that $175,000 of the $200,000 requested be allocated to the project.

 

It is recommended that $175,000 be allocated from the 2017/2018 Environmental Levy Program for Orara River Rehabilitation Project.  This includes an amount of $50,000 from Coffs Coast Water, which is available subject to works receiving prior approval from Group Leader, Infrastructure Construction and Maintenance.

 

9.    Ocean View Headland Access and Rehabilitation Stage 2

 

This proposed project is a continuation from stage 1 of paved walkway over Ocean View Headland started with 2015/16 in partnership with a Green Army team and Coffs Coast Regional Trust Board.  It is proposed that a team of 9 Work for the Dole Program participants and supervisor will lay 700 metres of paved walkway.  It will mitigate the impacts of track braiding, track proliferation, trampling, poor drainage and erosion currently threatening the headlands Endangered Ecological Community (EEC) Themeda Grassland.

 

It is recommended that $37,098 be allocated from the 2017/2018 Environmental Levy Program for Ocean View Headland Access and Rehabilitation Stage 2.

 

10.  Growing Our Future

 

This project will employ a dedicated Nursery Coordinator for eight hours per week to add value to the existing Coffs Harbour Community Landcare nursery at Woolgoolga.  This person will supervise and train our passionate nursery volunteers to collect local seed and improve the quality and quantity of suitable plant material to supply the revegetation requirements on our work sites in coastal and city reserves.  The community nursery will function as a training facility for the wider community as well as for students and demonstrate best practice in nursery management for producing resilient local native plant species to be used in natural restoration projects.  It will supply the plants required to successfully restore our local ecosystems and maintain and improve biodiversity in the region therefore allowing species adaption to climate change.

 

It is recommended that $28,930 be allocated from the 2017/2018 Environmental Levy Program for Growing Our Future.

 

11.  Investigating Water Quality in Coffs Coastal Estuaries and the relationship to adjacent land use

 

This project aims to fund two honour’s students to investigate the causes of the declining water quality in the estuaries in the northern section of the Coffs Harbour Local Government Area.  In collaboration with the Solitary Islands Marine Park and Coffs Harbour City Council, the students will conduct two studies -

1)    To sample sediments from Hearnes Lake to reconstruct the history of chemical conditions in the adjacent catchment in the last 150 years, coinciding with the development of several industries ranging from timber, banana, and blueberry.

2)    Perform a comparative study of water quality within an estuary with predominately intensive horticultural land use and an estuary relatively un-impacted by agriculture or urban development to determine whether or not intensive horticulture is impacting our estuaries.  Due to funding limitations the Committee recommends that $50,000 of the $60,000 requested be allocated to the project.

 

It is recommended that $50,000 be allocated from the 2017/2018 Environmental Levy Program for Investigating Water Quality in Coffs Coastal Estuaries and the relationship to adjacent land use.

 

12.  Jaliigirr in the Coffs LGA

 

Since 2012 the Coffs Jaliigirr Project has delivered Federal Government investment of more than $1.5m for revegetation, bush regeneration and habitat protection works in the Coffs Harbour LGA.  These works have improved the habitat and amenity values of more than 90 CHCC reserves and managed water quality and exotic species impacts across several important river catchments and numerous private land sites.  This project will extend and protect these project sites through:

 

1.    Targeted primary and secondary weed control and infill planting across 31.3ha to achieve a target condition of 1 native tree/shrub per 3m2; and. 

2.    Development and delivery of two community workshops targeted at farmers on the Eastern Dorrigo.  Workshops will focus on improving catchment management (water quality/ biodiversity management) through improved farming practices and awareness raising and will be delivered in partnership with North Coast LLS.  Due to funding limitations the Committee recommends that $30,000 of the $39,367 requested be allocated to the project.

 

It is recommended that $30,000 be allocated from the 2017/2018 Environmental Levy Program for Jaliigirr in the Coffs LGA.

 

13.  Repairing Gumbayngirr Country - Darrunda Wajaarr

 

Targeted Aboriginal community capacity building for natural resource management - a strong focus of the project is about expanding opportunities for Aboriginal bush regenerators working on country and strengthening the Darrundar Wajaarr business model.  Funds will support the team working in 19 hectares of native vegetation over six locations in Coffs Coast Regional Park and Moonee Beach Nature Reserves.  Two training workshops with experienced bush regenerators refining techniques for the Darrunda Wajaarr Aboriginal bush regeneration team based out of Coffs Harbour LALC.  Participate in cultural /ecological burning of Themeda Headlands with NPWS. Due to funding limitations the Committee recommends that $55,000 of the $58,162 requested be allocated to the project.

 

It is recommended that $55,000 be allocated from the 2017/2018 Environmental Levy Program for Repairing Gumbayngirr Country - Darrunda Wajaarr.

 

14.  North Coast Regional Botanic Garden Education Officer

 

The role of the North Coast Regional Botanic Garden (NCRBG) Education Officer includes the development and delivery of educational activities to meet and enhance primary and secondary school curriculum.  In 2017/18 the NCRBG will be focusing on the continued development of school based learning packages with emphasis on community and after school care groups.  In addition the Education Officer provides assistance in the development of interpretive boards, activities and events throughout the NCRBG. Assisting in the development and training of guiding volunteers who provide and deliver effective environmental based public talks throughout the NCRBG.  The NCRBG Education Officer in conjunction with National Park discovery Rangers is programmed to conducting four nocturnal fauna walks aimed at educating the public of the ecological diversity of our region.

 

It is recommended that $20,000 be allocated from the 2017/2018 Environmental Levy Program for North Coast Regional Botanic Garden Education Officer.

 

15.  Community Supporting Land for Wildlife Initiative

 

EnviTE Environment Project Officer and regional provider for Land for Wildlife (LFW) program will connect and support the community by assisting landholders to maintain wildlife habitats on their land.  LFW is a state wide community based approach to private land conservation coordinated by Community Environment Network (CEN).  The project will encourage and assist conservation on private land through voluntary private land conservation options.  This will promote the regions unique environmental values, engage in community conservation and maintain connections to protect biodiversity.  One workshop and field day will be provided to landholders to gain knowledge on conservation agreements and managing their land in an environmentally sustainable way.  Ten ecological assessments will be undertaken on properties to identify and manage environmental issues. LFW provides a broad base for landholder engagement and involvement, which provides options for ongoing contribution to local and regional conservation activities.

 

It is recommended that $9,900 be allocated from the 2017/2018 Environmental Levy Program for Community Supporting Land for Wildlife Initiative.

 

16.  Koala Rehabilitation Care

 

Disease screening and treatment by vets for Koalas coming into WIRES care in order to allow successful release in appropriate places in Coffs Harbour catchment area.

 

It is recommended that $5,000 be allocated from the 2017/2018 Environmental Levy Program for Koala Rehabilitation Care.

 

17.  Kangaroos in Coffs Harbour: Non-lethal Management and Movement Studies

 

Eastern grey kangaroos are common on Coffs Northern Beaches. Population densities and human-kangaroo interactions, in the form of kangaroo-vehicle collisions and kangaroo attacks on people, have increased in recent years, with implications for human and animal health and welfare. This project has three key objectives:

 

1)    To continue monitoring the outcomes of kangaroo fertility control trials commenced at Heritage Park and Darlington Park in 2016/17, to determine the duration of infertility and the cost effectiveness of the treatment;

2)    To track kangaroo movement patterns on the coast, especially in response to housing development and fencing (Heritage Park) and in relation to the M1 development more broadly; and

3)    To develop a third kangaroo site at Emerald Beach Look At Me Now Headland to enable investigations of East-West movement, in relation to the M1 (which did not commence last year due to a reduction in funding). Due to funding limitations the Committee recommends that $30,000 of the $36,242 requested be allocated to the project.

 

It is recommended that $30,000 be allocated from the 2017/2018 Environmental Levy Program for Kangaroos in Coffs Harbour: Non-lethal Management and Movement Studies.

 

18.  Implementation of the LGA wide Flying-fox Management Plan

 

Council is currently finalising an LGA wide Strategic Flying-fox Camp Management Plan to strategically manage all three permanent camps and provide direction for temporary camps.  The development of one overarching plan with three site specific camp action plans to detail site management actions will allow management to be integrated and strategic.  Following Council adoption of the plan Council will seek approval and licensing from the Office of Environment and Heritage for a period of five years to implement the plan.  Funds are sought to continue the weed control and revegetation works at the Coffs Creek and Woolgoolga Lake camps and to commence works at Barcoo Court Camp.  As part of the development of the plan the community living adjacent to the camps expressed concern that works to create an effective buffer had not been funded in the last round of EL.  The grant will also be used to deliver on the educational actions in the plan such as signage.  Due to funding limitations the Committee recommends that $35,000 of the $70,000 requested be allocated to the project.

 

It is recommended that $35,000 be allocated from the 2017/2018 Environmental Levy Program for Implementation of the LGA wide Flying-fox Management Plan.

 

19.  Review of Coffs Harbour City Koala Plan of Management 1999

 

The project comprises review of the Coffs Harbour City Koala Plan of Management (KPoM) 1999 to achieve a scientifically robust plan reflective of requirements under State Environmental Planning Policy No. 44 - Koala Habitat Protection.  A major component of the project includes a systematic koala survey based on a project plan prepared by the Office of Environment and Heritage as part of a MoU with Council.  The project will result in evidence-based koala habitat mapping for the Coffs Harbour Local Government Area based on fine scale vegetation mapping and a revised draft KPoM which will be put to Council in 2018 following completion of this grant.  This works builds upon previous Environmental Levy projects that undertook background work such as site surveys and a review of koala populations in sections of the LGA.  These funds are necessary to utilise the previous work and collate them into a revised Koala Plan.  A revised Koala Plan is also necessary prior to commencing the review of Environmental Zones in Coffs Harbour LEP 2013.  Due to funding limitations the Committee recommends that $52,372 of the $95,000 requested be allocated to the project.  Furthermore the committee recommends as part of the revote function any unspent funds from 2016/17 completed EL projects go towards the shortfall up to the requested amount of $95,000.

 

It is recommended that $52,372 be allocated from the 2017/2018 Environmental Levy Program for Review of Coffs Harbour City Koala Plan of Management 1999.

 

20.  Matching Grant Funds

 

The Environmental Levy Policy states “That up to $50,000 be provided annually for the matching of grants subject to the amount remaining in the Environmental Levy pool”.  Due to existing funds held of $24,101 and funding limitations, the Committee recommends that $16,000 of the $50,000 requested be allocated to the Matching Grant Funds.

 

It is recommended that $16,000 be allocated from the 2017/2018 Environmental Levy Program for Matching Grant Funds.

 

 

Additional applications were received for the following projects which were not recommended based on the assessment process undertaken by the committee:

 

Community Sustainable Living Program

 

The Community Sustainable Living Program is a major component of the Coffs Harbour City Council Sustainability Business Plan 2015-2018 being delivered by the Community Programs Section.  This program will deliver a series of long term flagship environmental education and engagement projects aimed at delivering identified outcomes within the 2030 Plan. There are three projects that make up this program:

 

1.       Coffs Ambassadors Interpretive Tours (this year's application includes costs to rejuvenate this program);

2.       Green Schools Environmental Sustainability Program (including $21,000 Grant Fund and the Sustainable Schools Network); and

3.       Sustainable Living Festival/Event (branded the Living Lightly Community Fair in 2016/17).

 

It should be noted that these programs have been running for quite a considerable length of time and have been able to be run with the generous help of many volunteers within the community.

 

A Sustainable Living Showcase

 

Plans for the Woolgoolga Community Gardens originated from a groundswell of local support for a space 'where people grow as well as the plants'.  Development began in earnest in 2014 with the support of CHCC in leasing land, and the installation of secure fencing.  Planting commenced in 2016 and the space now boasts an orchard, general food crop gardens and 20 low rental individual garden beds.  This application is requesting funds for a composting toilet to help meet our vision of a showcase for sustainable living solutions which can serve as an example to the general community.  The toilet will be erected to meet specifications for disabled and elderly users.

 

Supporting Working on Country on the Coffs Coast

 

EnviTE has a history of working successfully in consultation with local Aboriginal groups to develop on ground restoration projects and skill development outcomes.  These projects have occurred on high conservation vegetation located on Garby Country considered of having important cultural significance in the Gumbaynggirr Nation.  This project will provide further career development for local Aboriginal regenerators.  EnviTE Environment will recruit Aboriginal regenerators and offer employment as Environmental workers on the EnviTE bush regeneration crew.  Restoration on high value coastal ecosystems will improve biodiversity, coastal corridors and cultural connections.  The project will consolidate skill development and further enhance ongoing employability by providing experience in working as part of a large NRM organisation.

 

Incentives for On-ground Sustainability Measures on Intensive Horticulture Farms

 

The project aims to reduce the environmental impacts of local horticultural production (Blueberry, banana, greenhouses), in particular from soil erosion, spray drift and waste water pollution.  Project measures will include the production of soil & water management plans for farms, on-ground implementation of selected plans, incentives to protect waterways from the impacts of waste water from greenhouses and riparian zone revegetation. Growers will contribute their in-kind labour to the dollar value of the project on-farm investment.

 

Youth Against Marine Debris Challenge

 

The Youth Against Marine Debris Challenge is aimed at high school students in the Coffs Coast LGA to better educate them on the impacts litter has on species found within the Solitary Islands Marine Park.  Students will be asked to "Adopt a litter hot spot" close to their school using EPA litter prevention strategies.  Research into litter behaviour has shown that people are less likely to litter when they understand where their litter ends up.  Students are to actively engage the community in their litter prevention efforts by creating an IMovie, encouraging others to join the Challenge, the best will be selected and made available for public viewing.

 

Woolgoolga Lake Riparian Restoration Project

 

The stability of the Woolgoolga Lake bank has increasingly deteriorated from a range of factors including a sequence of east coast lows to hit the mid north coast, and anthropological induced stressors, such as boat and kayak launching, general foot traffic and mowing to the edge of the riparian zone.  This project aims to enhance the stability and resilience of the riparian zone through erosion control and rehabilitation of the riparian vegetation to build resilience for future storm events while maintaining the ecological biodiversity and recreational quality of the locality.

 

Wild Dog Trapping & on-ground baiting

 

Reduction of wild dog numbers by trapping using the services of a registered and certified trapper and by on ground baiting.  Wild dogs are increasing in number and are present in Ulidarra NP and on Council land (collared and tracked for data). Both cattle and wildlife on our property are being impacted.

 

Roadside Vegetation Environmental Management Plan

 

Roadside reserves are a complex environment to work in due to competing values and issues, and councils are responsible in this regard to consider road safety, conservation, cultural values, bushfire risk, legal requirements, recreational use and development pressures.  In many cases roadside vegetation provides an important connection to larger areas of intact vegetation and in agricultural areas can be the only vegetated areas.  As such there is a need to manage linear roadside reserves for environmental objectives, recognising the ecological value of these areas rather than just their value as transport corridors.

 

This project involves the development of a Roadside Vegetation Environmental Management Plan to embed the environmental values present in roadside reserves into Councils management of roadsides.

 

Options:

 

The options available to Council in relation to the recommended program of works for the 2017/2018 Environmental Levy Program for inclusion in the 2017/2018 Draft Delivery Program are:

1.   Adopt the recommendations provided to Council by the Environmental Levy Committee.  Adopting the recommendations will result in a works program scored by the Committee based on Environmental Levy assessment criteria, ranked according to average scores and in order of merit and then adjusted as determined by the Committee.

2.   Council may adopt a varied program of works. This may result in Council selecting projects with lower scored criteria and/or which restore funding to quarantined projects/programs in accordance with Council’s current policy position.

3.   Council may request the Environmental Levy Committee to review its recommendations based on guidance provided by Council as to particular priorities for funding and/or restoration of funding to quarantined projects/programs in accordance with Council’s current policy position.

4.   Council may choose to reject the recommendations provided by and leave the Enviromental Levy funds unallocated; however, this will likely result in community dissatisfaction.

 

Sustainability Assessment:

•     Environment

The Environmental Levy Program is designed to ensure that environmental strategies as outlined within the Coffs Harbour 2030 Plan (“Looking after Our Environment” theme) are addressed.  All projects recommended for funding state how they are linked to a Council approved action or priority in a Natural Resource Management strategy or plan.  All recommended projects will result in beneficial outcomes for the environment of the Coffs Harbour Local Government Area (LGA) and some may have positive flow-on impacts outside the LGA.

•     Social

Determination of successful projects is based on assessment criteria which includes the following:

 

·    Generate a community benefit;

·    Be community based, and

·    Protect and / or rehabilitate the natural environment.

 

Not including Council projects, twelve community groups applied for sixteen projects to be funded from the 2017/2018 Environmental Levy Program, with eleven of these projects being recommended for receipt of funding.  In addition, the broader community benefits from the completion of high priority environmental management projects funded by the Environmental Levy.

•     Civic Leadership

Council’s Environmental Levy Program seeks to promote sound environmental practices and promotes leadership and involvement in key environmental issues which accords with Council’s strategic theme of “Looking after Our Environment”.

•     Economic – Broader Economic Implications

The Environmental Levy Program funds environmental projects that would not otherwise be undertaken with revenue funding.  It is estimated that $1,323,400 will be available for the Environmental Levy projects in 2017/2018.  This includes income from the 2017/2018 Environmental Levy and a contribution from the Water Fund of $50,000 towards the Orara River works.  Twenty-eight submissions were received requesting a total of $1,820,700; therefore even if criteria are met, there is insufficient funding available to fund all submissions.

•     Economic - Delivery Program/Operational Plan Implications

The Environmental Levy Program is funded through a special rate and is accounted for separately, therefore there is no impact on Council’s Delivery Program.

Risk Analysis:

Each individual project will have individual risk profiles which will be considered by the project owners.

Consultation:

The Environmental Levy Committee (Committee), which currently includes four community representatives, the Mayor, two Councillors and three staff members is an advisory committee of Council.  The Committee met on 4 May 2017 to consider submissions and to recommend a program of works.  The recommended program is included in this report and the minutes of the Committee’s meeting are provided as an attachment.

Related Policy, Precedents and / or Statutory Requirements:

Each year the Environmental Levy Program is formulated concurrent with the preparation of Council’s Draft Delivery Program.  This allows community input and Environmental Levy Committee discussion before the program of works is finalised. Assessment of submissions is undertaken in accordance with Council’s Environmental Levy Policy, which states that submissions are scored on the following criteria:

 

·    protect and enhance the natural environment;

·    strategic integration;

·    generate a community benefit and be community-based;

·    provide potential to attract outside funding sources; and

·    improve aesthetic quality of our natural environment and / or raise community awareness or education.

 

To be eligible submissions must:

 

·    address one or more identified key strategies in the Coffs Harbour 2030 Plan ('Looking after Our Environment' theme); and

·    work on private land must prove a 'public benefit' rather than only benefiting an individual or group.

 

Council receives quarterly reports on the status of Environmental Levy Projects throughout the year.

Implementation Date / Priority:

Successful applicants will be notified in writing in June after the Delivery Program is formally adopted by Council.

Conclusion:

This report provides Council with the recommended program of works for the 2017/2018 Environmental Levy Program for inclusion in the 2017/2018 Draft Delivery Program.  Council should consider the information provided in the report and adopt the recommendation provided.

  


Ordinary Council Meeting Agenda                                                                8 June 2017

SC17/29       Draft Coffs Harbour Flying-Fox Camps Strategic Management Plan

Author:                        Senior Biodiversity Officer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/29   Draft Coffs Harbour Flying-fox Camps Strategic Management Plan - May 2017  

 

Executive Summary

The objective of this report is to have Council endorse the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan (Attachment 1) for exhibition.

 

The draft Coffs Harbour Flying-Fox Camps Strategic Management Plan will assist Council to strategically manage the three permanent camps on Council managed land and provide direction for temporary camps that may develop.

 

 

Recommendation:

That Council:

1.   Adopt in principle the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan (Attachment 1) and place it on exhibition for a period of 28 days seeking feedback to enable Council’s final determination on this matter.

2.   Note that a further report will be brought back to Council for consideration following the public exhibition of the draft Plan.

 

Report

Description of Item:

The development of the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan was reported to Council on 8 December 2016. At that meeting, it was resolved that Council:

1. Note the preparation of a Local Government Area wide draft Strategic Flying-fox Camp Management Plan.

2. Note that a community steering committee will be established consistent with the Office of Environment and Heritage Flying-Fox Camp Management Plan Template 2016.

3. Note that a further report will be brought back to Council for consideration upon completion of the draft Strategic Flying-fox Camp Management Plan, prior to its public exhibition.

This report is in accordance with the resolution.

 

The Coffs Harbour Local Government Area (LGA) is home to three permanent flying-fox camps, Woolgoolga Lake Camp (listed as a nationally important flying-fox camp), Coffs Creek Camp, and Barcoo Court Camp at Toormina (also listed as a nationally important flying-fox camp), with temporary camps establishing in other areas from time to time.

 

Flying-foxes play an important role in pollination and seed dispersal for many plants and are protected in NSW under the National Parks and Wildlife Act 1974 (NPW Act) and, in the case of the grey-headed flying-fox, under the Threatened Species Conservation Act 1995 (TSC Act) and the federal Environment Protection and Biodiversity Conservation Act 1999.  However, loss of foraging and roosting habitat has meant that flying-foxes increasingly occur in camps in urban centres and can create conflict with community with common issues relating to health, noise, and odour.

 

Council received a grant from the State Government to prepare the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan to allow Council to strategically manage all three permanent camps. The grant was matched with funds from the Environmental Levy and allows Council to employ a consistent approach that recognises ecological values while minimising community impacts.

 

The plan complies with the NSW Office of Environment and Heritage Flying-Fox Management Policy 2015 and has used the NSW Office of Environment and Heritage Flying-Fox Camp Management Plan Template 2016 as a basis. 

 

The plan includes both long-term and short-term strategies for the management of flying-fox camps. Actions include:

 

·    establishing a complaints tracking system within Council;

·    ongoing community education and communication with neighbouring residents prior to, during and following implementation of management actions;

·    education regarding possible property modifications;

·    investigation of service subsidies;

·    identification, rehabilitation and protection of flying-fox habitat;

·    ongoing maintenance of existing buffers at Coffs Creek and Woolgoolga Lake;

·    the production of a detailed Vegetation Management Plan for Barcoo Court; and

·    subsequent management of vegetation within the Council easement on the northern side of Barcoo Court.

Issues:

Flying-fox camps can raise concerns about possible health risks for community members. Concerns include flying-fox infections, noise, odour and the impact of flying-fox droppings on houses, cars and washing.

Human infections with viruses borne by flying-foxes are very rare.  While Australian bats have been found to carry two viruses, Lyssavirus and Hendra, Lyssavirus is not spread through flying-fox urine or droppings, and can only be spread through the bite or scratch of a flying-fox.  In regards to the Hendra virus there is no evidence that people can catch Hendra directly from flying-foxes, the virus must be transmitted from infected horses.

Regardless, high levels of community concern can occur and care has been taken throughout the development of the plan to listen to community concerns and respond appropriately.

Options:

1.   Support the recommendation in this report and adopt the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan for the purpose of exhibition; or

2.   Amend the recommendation in this report and/or elements of the plan; or

3.   Reject the recommendation.

 

This report recommends Option 1.

Sustainability Assessment:

•     Environment

Flying-foxes play an important role in pollination and seed dispersal for many plants which ensures the survival of our native forests. They do this over much larger distances than birds or insects and establish permanent and semi-permanent camps near food sources and for birthing. Campsites where young are born can become very important to flying-foxes with some camp-sites in NSW having recorded use for over a century. The draft Coffs Harbour Flying-Fox Camps Strategic Management Plan will assist council to maintain these environmental values.

•     Social

Residents living nearby flying-fox camps can be affected by noise and odour which reduces social amenity.  The draft Coffs Harbour Flying-Fox Camps Strategic Management Plan discusses these issues and includes actions to reduce conflict through actions relating to education and maintenance of buffer and camp areas.

•     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 LGA wide draft Coffs Harbour Flying-Fox Camps Strategic Management Plan 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

PL 2 - Our public spaces are enjoyed by all our people

•     Economic – Broader Economic Implications

The draft Coffs Harbour Flying-Fox Camps Strategic Management Plan, if adopted by Council, will assist the management of resources by ensuring a consistent approach for both permanent and temporary camps.

•     Economic - Delivery Program/Operational Plan Implications

The draft Coffs Harbour Flying-Fox Camps Strategic Management Plan, if adopted by Council, will streamline the management of the existing camps and provides guidance in the day to day management of council assets.

Risk Analysis:

Inappropriate management of flying-fox camps may increase the prevalence of disease within flying-fox populations, and consequently the risk of transfer to humans.  The draft Coffs Harbour Flying-Fox Camps Strategic Management Plan uses a risk assessment approach to determining the appropriate level of management and the associated mitigation measures required.

It is possible that the exhibition process may be an outlet for community concern regarding nearby flying-fox camps.  Implementation of the draft plan involves an educational component which will need to be an ongoing process.

Consultation:

Considerable effort has been made to engage with the community regarding the development of the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan to ensure that Council understands the issues directly and indirectly affecting the community.

The types of engagement that have been undertaken in the development of this plan include:

·    promotion of contact details of responsible officers;

·    telephone conversations to record issues and complaints;

·    face-to-face meetings and telephone calls with adjacent residents and complainants;

·    media (print and social media);

·    brochures and other educational material;

·    website pages and links;

·    direct contact with adjacent residents and stakeholders via letter;

·    a public meeting / workshop; and

·    feedback form available at the public meeting / workshop.

Invitations to attend the workshop were sent to residents living in streets surrounding each camp (generally within 500m of the Coffs Creek and Barcoo Court Camps, and up to 1km from the Woolgoolga Camp).  Special interest groups such as the Coffs Harbour Chamber of Commerce, the Northern Beaches Residents Association, National Parks Association, and Wildlife Information, Rescue and Education Service (WIRES) were also invited.  This workshop formed the community steering committee as noted by Council at the meeting of 8 December 2016.

 

Residents and interest groups who attended the workshop will also be contacted to inform them of the exhibition of the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan.

Related Policy, Precedents and / or Statutory Requirements:

Management of flying-foxes requires recognition that, as native fauna, they are protected in NSW under the National Parks and Wildlife Act 1974 (NPW Act) and, in the case of the grey-headed flying-fox, under the Threatened Species Conservation Act 1995 (TSC Act) and the Federal Environment Protection and Biodiversity Conservation Act 1999.

A license under the TSC Act is generally required to undertake work, such as vegetation pruning or removal, in an area used by flying-foxes.  The development of the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan will streamline the licensing of flying-fox camp management actions with approvals issued for five years.  This avoids land managers having to repeatedly seek approval from the State Government for ongoing camp management actions.

Implementation Date / Priority:

Once the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan has completed the proposed exhibition period, a report will be provided for Council summarising any submissions received. Once this report has been considered the plan can be adopted and implemented.

Conclusion:

This report has provided Council with an overview of the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan (Attachment 1) and seeks Council’s approval to place it on exhibition. 

 

Management of flying-fox camps is complex, and adaptive management informed by ongoing community engagement and education will be needed over the long term.  The draft Coffs Harbour Flying-Fox Camps Strategic Management Plan will allow Council to strategically manage the three permanent camps and provide direction for temporary camps.   


Ordinary Council Meeting Agenda                                                                8 June 2017

NOM17/09   Elbow Street Car Park

Attachments:          Nil

 

Motion:

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

"That Council bring back a report in regards to the costs of the building of a second level car park in the existing Elbow Street car park."

 

 

Rationale:

“Moonee Street and adjoining areas have a lot of small businesses.   Finding carparking is becoming harder and harder, as it seems that a lot of shoppers also use the existing car park, therefore reducing space for small business owners.  An additional level of car parking could alleviate this problem.”

Staff Comment:

A report can be provided.

  


Ordinary Council Meeting Agenda                                                                8 June 2017

SI17/12         Transfer of easement for right of carriageway - Lot 206 DP 1206854, Stadium drive, Coffs Harbour

Author:                        Team Leader Property Development

Authoriser:                  Director Sustainable Infrastructure

Coffs Harbour 2030:   LP2 We have a strong and diverse economy

Attachments:              ATT1  SI17/12     Previous Report dated 11 February 2016

ATT2  SI17/12     Plan of Proposed Easements for Right of Carriageway, Landscaping and Signage.  

 

Executive Summary

The purpose of this report is to obtain formal approval to accept an offer for the transfer of two easements affecting Council land from the proponent of a service station to be developed on the corner of Stadium Drive and Pacific Highway South, Coffs Harbour.

 

 

Recommendation:

That Council:

1.       Accept from the proponent of a proposed service station development on part Lot 3 DP 1037158 the amount of $65,000 inclusive of GST for the transfer of two easements for Right of Carriageway, landscaping and signage as described in this report over Council land known as Lot 206 DP 1206854.

2.       Agree to a four month settlement from exchange of contracts and other terms as detailed in this report.

3.       Agree to each party paying their own legal costs in regard to the conveyance.

4.       Execute under the common seal all necessary documents associated with the matter

5.       Allocate the net funds from the disposal of the easements to assist with the management of the Coffs Coast Sport and Leisure Park.

 

Report

Description of Item:

This matter, in an amended format, was previously considered by Council at its meeting of 11 February 2016 at which time Council resolved not to support the proposed easement which affected its land at the Coffs Coast Sport and Leisure Park. The proposed easement transfer was required to facilitate vehicular “left-in” access off the Pacific Highway. A copy of the report and resolution is appended as Attachment 1 and provides background information for Councillors.

 

At the time Council last considered this matter the proponent, Atmosphere Property Pty Limited, was in the initial stages of attempting to gain Development Approval for a service station on Lot 3 DP 1037158. This land is located on the north-eastern corner of Pacific Highway South and Stadium Drive, Coffs Harbour. An approval for this development, which includes Council’s land  known as Lot 206 DP 1206854 (being part of the Coffs Coast Sport and Leisure Park), has now been granted via Consent No. 0357/16DA dated 9 March 2017. The consent is a Deferred Commencement Consent and is subject to the following conditions:


 

 

“Access and Intersection Upgrade:

 

A.    This consent does not operate until such time as satisfactory arrangements have been entered into with the Council for access over its land to enable the construction of access driveways to the site.

 

The above works require the issue of a Civil Works Construction Certificate.

         

B.    In the event that the requirements of the deferred matter listed in “A”, above, are not completed within three (3) years from the date of this consent then the consent shall lapse and become inoperative.

 

C.   Upon completion of the requirements set out in the deferred matter listed “A”, above, within a period of three (3) years from the date of this consent, then this consent becomes operative subject to the following conditions.”

 

In addition to the original easement required over Council’s land, which was first considered by Council on 11 February 2016, the proposal now requires a second and expanded access onto Stadium Drive as a result of the development assessment process and the subsequent DA approval. The second access will require a further easement over Council’s land known as Lot 206 DP 1206854. The two separate easements which are now required are shown in the plan as Attachment 2 to this report and comprise a total area of approximately 940.2 square metres.

 

Further negotiation with the applicant has ensued and an in-principle agreement with Council staff has been reached on the following terms:

1.   An amount of $65,000 being paid to Council.

2.   A four (4) month settlement from exchange of contracts.

3.   Each party paying their own legal costs in relation to the conveyance and transfer of the easement.

4.   The transferee paying all LPI registration fees in regard to the matter.

5.   Council preparing an appropriate contract at its cost and paying all survey plan costs in relation to the easement transfer.

6.   The transferee indemnifying and providing appropriate public liability insurance to Council.

7.   All maintenance associated with the easement being the responsibility of the transferee.

 

The negotiations have been conducted by Council’s in-house Valuer, and the terms agreed are considered fair and reasonable to both parties.

Issues:

The main procedural issue to be considered is whether the agreed price and terms for the transfer of the two easements are fair and reasonable. Council’s qualified Valuer considers the agreement to be within the reasonable parameters of market value.

 

Options:

 

The following options are available to Council:

 

1.   Accept the terms agreed between the parties and proceed to a contracted arrangement.

 

2.   Reject the offer and retain the land as unencumbered.


 

Staff recommend that the price and terms are considered fair and reasonable, the lands affected by the easements are surplus to Council requirements, Council’s professional staff have endorsed the proposed location and the access arrangements as suitable, and Council has provided Development Consent to the proposed development.

Sustainability Assessment:

•     Environment

Nil impact in regard to the easement transfer. All relevant matters have been previously dealt with through the Development assessment and consent process.

•     Social

Nil impact in regard to the easement transfer. All relevant matters have been previously dealt with through the Development assessment and consent process.

•     Civic Leadership

Disposal of the property interest via an easement will demonstrate leadership in not unduly holding land without a strategic reason when it is surplus to operational requirements.

•     Economic – Broader Economic Implications

The matter will have limited economic impacts. Any issues related to the proposed use of the service station and its impacts on the local economy were dealt with through the development assessment and consent process.

•     Economic - Delivery Program/Operational Plan Implications

The sale and transfer of the interest has not been accounted for within the current budget. It is anticipated that after costs, Council would net approximately $60,000 from the transaction. It is proposed that these funds be directed to assist with the management of the Coffs Coast Sport and Leisure Park.

Risk Analysis:

There is little risk to accepting the offered amount for the transfer of the easement. Due to the shape and location of Council’s land, there are limited options for its future use.

 

The transfer of the easement is considered a suitable outcome for the land and makes the best use of a highly constrained part of the Coffs Coast Sport and Leisure Park land.

Consultation:

Relevant Council teams have been consulted to confirm that the negotiations and arrangements are both fair and reasonable and commensurate with legal process and that there are no conflicts of interest. Consultation has confirmed that the land at the Coffs Coast Sport and Leisure Park which is affected by the proposed easements is surplus to the requirements of the facility and the grant of the easement will not hinder the current or future operations.

 

Recent negotiations with the applicant and consultation with the RMS has given conceptual in-principle approval to the access works from both Stadium Drive and Pacific Highway. The works have also been given in-principle staff endorsement on the basis that various measures are undertaken by the applicant to mitigate adverse outcomes for Council’s land and the ongoing management and operation of the Coffs Coast Sport and Leisure Park. Relevant conditions will be incorporated into a contractual arrangement with the applicant to formalise the easement transfer and to confirm the agreed outcomes are completed.

 

A Civil Works Construction Certificate for the works will be issued by Council once detailed plans have been received and approved. The issuance of this Certificate along with the finalisation of the contractual arrangements for the easements will satisfy the deferred commencement requirements of DA0357/16DA and render it operative.

Related Policy, Precedents and / or Statutory Requirements:

Section 377 (1) (H) of the Local Government Act 1993 requires the formal approval of Council in regard to the disposal of an interest in property.

 

Council’s land which will be encumbered by the easements is classified operational land under the provisions of the Local Government Act 1993. This classification allows Council to deal in the land and transfer the easement interests legally.

Implementation Date / Priority:

The matter will be actioned immediately.

Conclusion:

The report requests the formal approval of Council to accept an offer to acquire two easements over a surplus section of a large Council owned lot that forms part of the Coffs Coast Sport and Leisure Park.

 

The disposal of the easements will facilitate the development of a service station on an adjoining land parcel that has been subject to a separate planning assessment that granted approval for a deferred Development Consent which is contingent upon the issuing of the easements..

 

The land impacted by the disposal of the easement is surplus to Council requirements and the funds received by Council can be better used elsewhere.

 

The negotiated amount related to the transaction is considered fair and reasonable to both parties.

 


Ordinary Council Meeting Agenda                                                                8 June 2017

SI17/13         Release of Easements affecting Lot 7 DP 270062 and grant of easement affecting Lot 204 DP 794312, Korora Beach Estate, Plantain Road, Korora

Author:                        Team Leader Property Development

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI17/13     Plan of easements to be released and granted.  

 

Executive Summary

The purpose of this report is to obtain Council approval to release an easement to Drain Water 3 metres wide and grant an easement to Drain Water 1 metre wide to facilitate the release of the subdivision plan for the Korora Beach Estate at Korora.

 

Recommendation:

That Council:

1.       Agree to release the easement to Drain Water 3 metres wide and variable created by DP 841017 over Lot 1 in the proposed subdivision of Lot 7 DP 270062.

2.       Agree to grant an easement 1 metre wide to Drain Water over its land known as Lot 204 DP 794312

3.       Accept the amount of $2,000 inclusive of GST as compensation for the grant of the easement over Lot 204 DP 794312.

4.       Agree that all costs associated with the matter be borne by the developer of the Korora Beach Estate.

5.       Execute under seal the required legal documents to facilitate this matter.

 

Report

Description of Item:

Council have received a request from the solicitor acting for the owners of Lot 7 DP 270062 which is a large parcel of residential land at Korora. Lot 7 has Department of Planning Consent via DA 279-11-2004 as modified to be subdivided into residential lots suitable for dwelling construction. The project is known as Korora Beach Estate. The physical works associated with the subdivision have been completed to the point of finalisation.

 

The linen plan, which has been lodged with Council, includes two matters that require Council approval before the plans can be released. The first matter is that the plan requires the release of an easement that is surplus to Council requirements and is shown as that area in pink highlight on the attached plan affecting proposed Lot 1. The easement was created by DP 841017 and is for Drainage of Water 3 metres wide and variable. This easement is no longer required by Council as a result of the subdivision and the creation of Trevally Street within the estate which will be dedicated as Council public road.

 


 

The second matter requires the creation of an easement for Drainage of Water 1 metre wide over Council’s land known as Lot 204 DP 794312 which currently comprises the Korora Sports Ground. The easement will provide inter-allotment drainage for proposed lots 21, 22 and 1. The proposed easement is shown by yellow highlight on the plan attached to this report. It is noted that infrastructure installed by the developer in the location of the easement comprises a pipeline and a surface swale to drain water.

 

Negotiations with the owner of the proposed development have resulted in an agreement on compensation payable to council for the grant of the easement at $2,000 inclusive of GST on the basis Council are not responsible for any costs associated with the matter.

 

The easement matters referred to above were both proposed as part of the application approved by the Department of Planning and were consented to.

Issues:

Release of Easement: In regard to the easement release over proposed Lot 1 there is little in the way of any issues. The easement is surplus to Council requirements and if it was not released it would detrimentally encumber proposed Lot 1 within the proposed estate to the point that the Lot may not be developable for the purposes of constructing a dwelling.

 

Creation of Easement: There are no issues associated with the creation of the second easement by Council. The location of the drainage pipeline was approved within the development consent and the infrastructure has been constructed. The location of the propose easement has no perceived impact on the management and future use of the sports field.

 

The only other issue to consider is whether the compensation and terms are fair and reasonable. The amount has been agreed to by Council’s qualified Valuer as representing a fair and reasonable outcome.

Options:

The following options are available to Council.

 

1.   Agree to the release of first easement and also the grant of grant the easement as proposed.

2.   Not agree to the release and grant as proposed.

 

The release of the existing easement will not compromise Council’s position and will facilitate the use and potential of a proposed residential lot.

 

There is also little reason not to support the grant of the proposed easement for Inter-allotment drainage over Council’s playing field. It will have little impact and Council will be compensated fairly. The location of the easement has also been approved by the current consent for the proposed subdivision.

 

Sustainability Assessment:

•     Environment

Nil impact in regard to both easement matters. All matters have been previously dealt with through the development application and consent process.

•     Social

Nil impact in regard to both easement matters. All matters have been previously dealt with through the development application and consent process.

 

•     Civic Leadership

The processing of both easement matters will facilitate the proposed subdivision in line with current approvals and will ensure practical and efficient use of residential land.

•     Economic – Broader Economic Implications

The matters will have limited economic impacts.

•     Economic - Delivery Program/Operational Plan Implications

The compensation that will be payable for the transfer of the easement has not been accounted for within the current budget. It is anticipated that the net amount of $2,000 payable as compensation could be directed to assist that management and maintenance of the Korora Sports Ground.

Risk Analysis:

There is considered little risk in processing these transactions. Both matters have been approved by the consent over the existing property.

Consultation:

Consultation with relevant staff has been conducted. Staff advice is that the easement to be released is surplus to Council’s requirements once the plan of subdivision has been registered and alternative drainage arrangements exist. Further, the pipeline installed and the proposed easement will not adversely affect the management and future use management of the Korora Sports Ground.

Related Policy, Precedents and / or Statutory Requirements:

Both the release and grant of the easement require formal approval by Council as a result of Section 377 (1) (H) of the Local Government Act 1993.

 

The Korora Sports Ground which will be encumbered by the easement is classified operational land under the provisions of the Local Government Act 1993. This Classification allows Council to deal in the land and transfer the easement interest legally.

Implementation Date / Priority:

The matter will be actioned immediately.

Conclusion:

The report requests formal approval for the release of one easement and the grant of a second easement at Korora Beach Estate. The easements have both been approved as part of a Department of Planning Consent and facilitate efficient use of this residentially zoned land.

 

The easement matters have been agreed to on the basis fair and reasonable compensation is paid in regard to the impact on Council's property.

  


Ordinary Council Meeting Agenda                                                                8 June 2017

T17/13          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:              ATT1  T17/13      WSLSC Leter of Intent 24 May 2017  

 

 

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 26 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 26 May 2017

Legal access to the Arrawarra Headland facility

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. NPWS officers have advised that the issue is progressing but is being held up by internal resourcing issues. NPWS has not responded to regular requests to progress issue of legal access/easement to the site; however, staff will continue to seek an outcome to this outstanding item before it impacts the critical path for the delivery of the overall project.

Final design of the Arrawarra Headland facility

Detailed designs and specifications up to date and awaiting outcome of DA before finalisation.

Development consent for the Arrawarra Headland facility

DA advertising period has ended and assessment team is waiting on a response from Solitary Islands Marine Park Authority before proceeding further.

Tender and contract for construction of the Arrawarra Headland facility

Tender/construction contract documents complete with detailed designs and specifications up to date and awaiting outcome of DA before finalisation.

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 Lease Lot for WSLSC has been finalised and will be subject to a Development Application prior to having the lease lot registered with Land and Property Information (LPI).

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.

 

The Trust wishes to assist where possible the WSLSC in securing the $1M of federal grant funding promised for the project during the last federal election. To this end Council officers have been pursuing contact with the grant body since the meeting with Kevin Hogan MP on 11 April 2017. Mr Hogan advised that he would forward to Council information direct from the funding body regarding the requirements to satisfy the body and secure the grant funds. This information has not been foirthcoming from the grant body and officers have now been advised that the grant body will not communicate directly with a third party.

 

Therefore, Council officers have discussed further with the WSLSC Rebuilding Working Group on how the Trust may assist. Following these discussions and at the request of Mr Hogan, Council has sent a Letter of Intent to the WSLSC outlining the steps required to bring the project to fruition (attached). Advice from Mr Hogan’s office is that the letter would be sufficient to ensure the ongoing availability of the grant funds promised. The Woolgoolga Surf Club Rebuilding Working Group has responded to the letter stating:

“because of the comprehensive nature (of the letter of intent), we believe it will go a long way in assisting the Club to secure an extended timeframe.”