Coffs Harbour City Council

06 September 2017

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 14 September 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

 

 


Order of Business

  

General Manager's Reports

GM17/16         Election of Deputy Mayor.............................................................................. 3

GM17/17         Council Committees - Appointment of Members and Approval of Terms of References.................................................................................................... 10

GM17/18         Policy Review 2017.............................................................................................. 18

GM17/19         New Council Policies....................................................................................... 71

GM17/20         2017 Local Government NSW Conference - Voting Delegates and Submitting Motions.......................................................................................... 78

GM17/21         Organisation Structure - Statutory Review post Ordinary Council Election................................................................................................................. 88

Directorate Reports - Business Services

BS17/32          Monthly Financial Performance Report for the month ended 31 July 2017.......................................................................................................................... 102

BS17/33          Release of Council Easements for Drainage - Lot 1 DP 796866, Lot 1 DP 421199, Lot 4 Section 8 DP 758258 and Lot 6 DP 721353.......................... 110

BS17/34          Acquisition of Easement For Water Supply – Lot 108 DP 776934, 14 Willis Road, Woolgoolga......................................................................................... 114

BS17/35          Boundary Adjustment Affecting Council Land Known as Lot 703 DP 1182286 at Rovere Drive, Coffs Harbour.............................................. 118

Notices of Motion Sustainable Communities

NOM17/15      Review the Current Coffs Harbour DCP 2015 - Clarification of Maximum Size of a Shed/Ancillary Development that can be Built in a Residential Area........................................................................................................................ 123

NOM17/16      Funding for Comprehensive Feasibility Study for the Development of City Hill as a Major Cultural Complex................................................. 124

Directorate Reports - Sustainable Communities

SC17/50          Performance Review of Coffs Harbour Development Control Plan 2015.......................................................................................................................... 126

Trust Reports

T17/16             TRUST REPORT - Expression of Interest EOI-831-TO - Short Term Use of Former Deep Sea Fishing Club Site......................................................... 224

T17/17             TRUST REPORT - Lease Renewals at Coffs Harbour Community Village.................................................................................................................................. 227   


GM17/16      Election of Deputy Mayor

Author:                        Group Leader Governance

Authoriser:                  General Manager

MyCoffs:                      D.1 Our leaders give us confidence in the future

Attachments:              ATT1  GM17/16  s231 Local Government Act

ATT2  GM17/16  Schedule 7 Local Government Regulations  

 

Executive Summary

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

 

 

Recommendation:

That:

1.       Council resolve to elect a Deputy Mayor for the ensuing twelve (12) months, and in the event that Council resolves recommendation 1 in the affirmative:

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

 

 

Report

Description of Item:

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

 

There have been recent changes to legislation in situations where the Mayor is elected by Councillors. s231(2) states: ‘The person may be elected for the mayoral term or a shorter term’.  This means Council, may wish to consider increasing the term for Deputy Mayor at Coffs Harbour City Council.

 

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

Issues:

This is not applicable to this report.

Options:

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

 

Therefore the options available to Council are:

 

1.   Council resolve not to have a Deputy Mayor.

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

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

Council’s election of a Deputy Mayor is consistent with the ‘My Coffs’ strategy, Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

No additional fee applies to the position of Deputy Mayor.

 

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

This is not applicable to this report.

Consultation:

This is not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

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

 

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

 

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

Implementation Date / Priority:

Implementation is immediate

Conclusion:

Council must now resolve whether to have a Deputy Mayor.  Further, should this resolution be in the affirmative, Council will need to decide the term and method of voting

 

 

 




 


 


GM17/17      Council Committees - Appointment of Members and Approval of Terms of References

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  GM17/17  Terms of Reference - Australia Day Committee

ATT2  GM17/17  Terms of Reference - Multicultural Advisory Committee  

 

Executive Summary

Both nominations for Council Committees and Committee Terms of Reference (ToR) require approval by Council.  This report is seeking Council endorsement of committee nominations and Committee ToRs.

 

 

Recommendation:

That Council:

1.   Appoints the following to the Multicultural Advisory Committee:

1.1.    Andria Jones

1.2.    Cing Thatmun

1.3.    Jorgette Sonter

1.4.    Cheryl Nolan

2.   Appoints Vicki Marie to the Disability Inclusion and Access Advisory Committee

3.   Endorses the Terms of Reference for the Australia Day Committee and the Multicultural Advisory Committee.

 

Report

Description of Item:

As part of the normal functioning of Council Committees, community members are nominated to fill vacant positions or to be re-appointed.  For nominees to be appointed/re-appointed, they need to be ratified by Council.  The following nominations have been submitted:

 

·    Appoint Andria Jones to the Multicultural Advisory Committee

·    Appoint Cing Thatmun to the Multicultural Advisory Committee

·    Re-appoint Jorgette Sonter to the Multicultural Advisory Committee

·    Re-appoint Cheryl Nolan to the Multicultural Advisory Committee

·    Appoint Vicki Marie to the Disability Inclusion and Access Advisory Committee

 

The ToRs presented for Council endorsement are:

 

·    Australia Day Committee

·    Multicultural Advisory Committee

 

The Multicultural Committee ToR is being amended as follows:

 

Section 5 of the The Multicultural Advisory Committee ToR stated:

 

“The meetings shall be held monthly or more often as deemed appropriate in consultation with MAC members. Essentially, meetings to be held on the 1st Tuesday of the month commencing at 4.45 p.m. for a period of not more than 1 ½ hours, or as otherwise determined by the Chairperson in discussion with members.”

 

This paragraph has been replaced by:

 

“The meetings shall be held bi-monthly or more often if deemed by members.  Meetings to be held on the 1st Tuesday of the month commencing at 4 p.m.”

 

The purpose of the amendment is to reduce the number of meetings to bi-monthly and make the meeting requirements less restrictive.

 

The Australia Day Committee, while operating for many years, has not had an adopted ToR.  These have now been developed and are presented for endorsement.

Issues:

There are no issues relevant to this matter.

Options:

1.   Adopt the recommendation provided to Council.

2.   Amend the recommendation provided to Council by rejecting one or more nominated committee members or adjusting the attached ToR, and then adopt.

3.   Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

The care, control and management of these local community facilities by local residents and local community groups enables a sense of community ownership, community involvement and development and overall community well being.

 

Appointing community members to Council committees also recognises and uses the valuable contribution the community makes for the effective provision of Council’s functions.

•     Civic Leadership

This approach consistent with the Council’s MyCoffs Community Strategic Plan:

 

·    A.1 A vibrant and inclusive place

·    B.2 A community achieving its potential.

Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

These committees strive to be self-funding but most require a contribution from Council and this is resolved within Council’s Operational Plan and budget setting process.  Most committees involve Council in technical, secretarial or administration costs.  The time and assistance given to Council by volunteers represents significant cost savings to the organisation.

Risk Analysis:

There are no specific risks associated with the appointment of committee members and endorsement of ToRs.  All volunteers are required to sign and comply with Council’s Code of Conduct.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

 

Section 355 How does a council exercise its functions?

 

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

 

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

b)   by a committee of the council, or

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

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

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

 

Section 377 General power of the council to delegate

Implementation Date / Priority:

Immediate.

Conclusion:

That Council endorses the recommendations within this report.

 

 



 



 


 


GM17/18      Policy Review 2017

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      D.1 Our leaders give us confidence in the future

Attachments:              ATT1  GM17/18  Climate Change Policy

ATT2  GM17/18  Coastal Works Quality, Safety and Environment Policy

ATT3  GM17/18  Community Engagement Policy

ATT4  GM17/18  Construction Works by Private Individuals on Public Roads Policy

ATT5  GM17/18  Creek Bank Erosion In Urban Streams Policy

ATT6  GM17/18  Donations Policy

ATT7  GM17/18  Driveway and Pipe Culvert Access Crossings Policy

ATT8  GM17/18  Injury Management and Recover at Work Policy

ATT9  GM17/18  Laneways - Closure and Sale Policy

ATT10        GM17/18    Liquid Trade Waste Policy

ATT11        GM17/18    Rates and Charges - Pensioner Concession Policy

ATT12        GM17/18    Recycled Water Quality Policy

ATT13        GM17/18    Roadside Service Signage Policy

ATT14        GM17/18    Sustainability Policy

ATT15        GM17/18    Water Carters Policy

ATT16        GM17/18    WHS Environment and Quality Policy

ATT17        GM17/18    Workplace Surveillance Policy  

 

Executive Summary

It is a requirement of s165 Local Government Act to review all policies within 12 months of a local government general election.  This report presents the next group of Council’s policies that are ready for re-adoption following review.

 

Recommendation:

That Council adopts the following policies as part of the 2017 policy review:

1.       Climate Change Policy

2.       Coastal Works - Quality, Safety and Environment Policy

3.       Community Engagement Policy

4.       Construction Works by Private Individuals on Public Roads Policy

5.       Creek Bank Erosion in Urban Streams Policy

6.       Donations Policy

7.       Driveway and Pipe Culvert Access Crossings Policy

8.       Injury Management and Recover at Work Policy

9.       Laneways - Closure and Sale Policy

10.     Liquid Trade Waste Policy

11.     Rates and Charges - Pensioner Concession Policy

12.     Recycled Water Quality Policy

13.     Roadside signage Policy

14.     Sustainability Policy

15.     Water Carters Policy

16.     WHS, Environment and Quality Policy

17.     Workplace Surveillance Policy

 

Report

Description of Item:

After a Local Government general election, all councils have 12 months to review all policies and re-adopt.  After this time, policies that have not been reviewed are automatically revoked.  This provides Council with the opportunity to review its current policies for improvements, legislative compliance and ensure they are achieving their purpose.  Council has approximately 120 existing policies which are requiring review.  This report presents the next group of policies that have been reviewed and are ready for adoption.

Policies and details of changes are presented in the table below:

Policy Name

Modification

Climate Change Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information.

Coastal Works - Quality, Safety and Environment Policy

This Policy was previously three policies dealing with quality, Safety and Environmental Management separately. The review determined that the three policies can be consolidated in to one. The intent of this policy has not changed. 

Community Engagement Policy

The definition of Community was amended as the previous policy definition was predominantly ratepayer focused. The new definition now includes anyone that may visit or use services, facilities and public spaces and places of the Coffs Harbour local government area.

Construction Works by Private Individuals on Public Roads Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information.

Creek Bank Erosion in Urban Streams Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information.

Donations Policy

Changes to this policy reflect the trend towards not-for-profit organisations providing a fee-for-service and receiving considerable financial assistance and grants from Government agencies. Amendments include reduced duplication within the classifications of donations, whilst clarifying the distinction between annual donations approved by Council and the process for discretionary donations made on behalf of the Mayor. Major changes are:

Removing provision to refund three quarters of developer contributions paid by a not-for-profit or community organisations due to conflict with developer contributions principles and ambiguity in its application.

Adding a new clause to limit refunds of building fees to the proportion contributed by the applicant, where a community organisation has received financial assistance from the State or Federal Government.

Driveway and Pipe Culvert Access Crossings Policy

Amendments to this policy include formatting and reordering detail to improve flow of information. Also added a new section detailing:

Requirements for approval to construct or modify a driveway

Design standards required for driveways

This amendment is documenting a requirement that was already in place by Council.

Injury Management and Recover at Work Policy

Amendments to this policy include formatting and reordering detail to improve flow of information. The following were also added to the revised version:

Early return to work and recovery at work is normal practice and expectation regardless of whether the injury is compensable

Use and promote “recover at work” in line with workers compensation changes

Updated definitions

Council commitment reworded to provide a clear position on:

Prevention and investigation of workplace injuries/illnesses

Early intervention, provision of suitable duties, fair/confidential claims management to ensure no employee is disadvantaged by the Injury management and recover at work process

Training and informing provision for all employees

Open consultation on WHS matters and ensuring no employee is disadvantaged by the Injury management and recover at work process.

Laneways - Closure and Sale Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information.

Liquid Trade Waste Policy

The amendments to this policy include removing significant amount of procedural content to be placed in a Liquid Trade Waste Procedure. Further amendments include:

Updating references

Exempting beauty salons from trade waste categories to reflect changes to the NSW Liquid Trade Waste Regulation Guidelines.

Removing reference introducing and phasing-in liquid trade waste charges as they are no longer relevant.

Overall intent of this policy has not changed.

Rates and Charges - Pensioner Concession Policy

The amendments to this policy include formatting changes, removing procedural content and inclusion of:

A sentence on when concession eligibility ceases

Detail on situations where a normally ineligible person may be deemed eligible for concession.

Recycled Water Quality Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information.

Roadside signage Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information.

Sustainability Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information.

Water Carters Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information. Some procedural content was also removed.

WHS, Environment and Quality Policy

Amendments to this policy include formatting and reordering detail to improve flow of information. The following were also added to the revised version:

Addition of auditing and compliance requirements

Updated to include ISO standard 4804

Inclusion of council commitment towards a zero harm working environment

Inclusion of safety management system

Workplace Surveillance Policy

Amendments to this policy include formatting and reordering detail to improve flow of information and also the following:

Removal of procedural content

Enabling relevant operational vehicle locations to be viewable during work times to improve efficiency and work allocation

Providing access to plant and vehicle operation and use information to relevant staff to improve maintenance scheduling and reduce costs

 

Issues:

This review presents the opportunity to ensure all policies are presented consistently, meet compliance obligations and are readily accessible.  Adopted policies will all be available on Council’s website.

Options:

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

 

1.   Adopt the recommendation provided to Council.

2.   Amend the recommendation provided to Council and then adopt. This could be in the format of requesting public exhibition of some of the policies.

3.   Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

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

•     Social

Not applicable to this report.

•     Civic Leadership

The purpose of council policy is to ensure transparency and accountability in local government.  The implementation of policy enables Council to identify and respond to the community.  This is consistent with the Council’s MyCoffs Community Strategic Plan, D.1 Our leaders give us confidence in the future.

•     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 are no perceived risks in the adoption of the policies listed in this report.

Consultation:

Council has conducted relevant internal consultation during the development and review of Council’s policies.

 

As these policies contain minor amendments only, don’t relate to approvals or orders (s158 Local Government Act) or the ‘tightening’ of procedures it is not necessary to place them on public exhibition.

Related Policy, Precedents and / or Statutory Requirements:

Section 165 (4) of the Local Government Act 1993 states that:

“A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.”

Implementation Date / Priority:

Implementation is immediate.

Conclusion:

That Council adopts the policies as attached to this report.

 

 



 


 



 


 



 


 



 



 



 


 


 


 



 



 


 




 



 


 



 



 



 


 



 


 



 



 


 


 


 


 


 


GM17/19      New Council Policies

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      D.1 Our leaders give us confidence in the future

Attachments:              ATT1  GM17/19  Debt Recovery Policy

ATT2  GM17/19  Water Meter and Service Downsizing Policy  

 

Executive Summary

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.

 

 

Recommendation:

That Council adopts the following policies:

1.       Debt Recovery Policy

2.       Water Meter and Service Downsizing 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

Debt Recovery Policy

The purpose of this policy is to fulfil the statutory requirements of the Local Government Act, 1993 (“the Act”) with respect to both the recovery of outstanding Rates, Annual Charges, interest and sundry debtors and the provision of assistance to those ratepayers who are experiencing genuine financial hardship with the payment of their rates and annual charges.

Council has a responsibility to recovery monies owing to it in a timely, efficient and effective manner to finance its operations and ensure effective financial management.

Council aims to ensure effective control over debts owed to Council, including overdue rates, charges and interest and to establish debt management procedures including alternative payment arrangements.

Water Meter and Service Downsizing Policy

A key element of the pricing structure for the Water and Wastewater Availability Charge, is a cost based on the size of the water meter service connection.

Council considers it appropriate to provide customers with the option of being able to down size the water meter and service connection in order to reduce the price impact of the availability charges.

Council requires professional advice to be sought prior to downsizing of non-domestic and multiple occupancy water meters and service connections to ensure all statutory and Australian Standards requirements are met.

The purpose of this Policy is to provide guidance on managing applications to downsizing of water meters and service connections.

 

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, meeting any legislative requirements would need to be considered if Council chose this option.

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

The purpose of council policy is to ensure transparency and accountability in local government.  The implementation of policy enables Council to identify and respond to the community.  This is consistent with the Council’s MyCoffs Community Strategic Plan, D.1 Our leaders give us confidence in the future.

•     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.

Related Policy, Precedents and / or Statutory Requirements:

Detailed within each policy as required.

Implementation Date / Priority:

Immediate.

Conclusion:

That council adopt the attached policies.

 

 

 



 



 


GM17/20      2017 Local Government NSW Conference - Voting Delegates and Submitting Motions

Author:                        General Manager

Authoriser:                  General Manager

MyCoffs:                      D.1 Our leaders give us confidence in the future

Attachments:              ATT1  GM17/20  Local Government NSW Annual Conference 2017 Official Notice  

 

Executive Summary

Council is required to nominate it’s authorised voting delegates in preparation for attendance and voting at the 2017 Local Government NSW Annual Conference.  The process as it relates to the submission of motions for consideration at the Conference is also outlined.

 

 

Recommendation:

That :

1.       Council authorise the list contained in 1.1-1.5 below as the priority list for allocation of voting delegate status, noting that the notification from LGNSW will ultimately determine the number of Coffs Harbour City Council voting delegates;

1.1.    Councillor

1.2.    Councillor

1.3.    Councillor

1.4.    Councillor

1.5.    Councillor

2.       Councillors wishing to propose motions for consideration by Council for inclusion on the LGNSW Conference Business Paper are to submit any such motions to the General Manager by close of business Friday 15 September 2017.

 

Report

Description of Item:

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

 

LGNSW represents the views of councils by:

 

·    Advocating councils’ views to governments;

·    Promoting local government to the community; and

·    Providing specialist advice and services.

 

Correspondence has been received from LGNSW containing information regarding the upcoming annual conference due to be held from Monday 4 December to Wednesday 6 December 2017 at the Hyatt Regency in Sydney. Information has been provided in regard to:

 

·    Registering to attend the Conference

·    Registering to vote for (a) motions and (b) Board elections

·    Submitting motions

·    General conference information

Issues:

Conference Registration

Conference registration opens late August and Mayors, Councillors, General Managers and senior staff are invited to register to attend.  Any Councillor wishing to attend the 2017 Annual Conference of LGNSW is invited to make contact with the Mayor’s Executive Assistant who will facilitate the conference registration process and also make appropriate travel arrangements.

 

Registration as a Voting Delegate

The Registered Rules of the Local Government and Shires Association of NSW (specifically Rule 23) provides the process for establishing the number of voting delegates that a member of the Associations can have.  In accordance with past years, it is anticipated that Coffs Harbour City Council will have a minimum of four voting delegates allocated however, the quite detailed process is subject to review (link to the rules is http://www.lgnsw.org.au/files/imce-uploads/127/registered-rules-of-the-local-government-and-shires-association-of-new-south-wales-2015.pdf ).

 

LGNSW has advised that members will be notified by Friday 13 October 2017 as to the number of voting delegates that the member is entitled to send to the Conference to vote on motions.  Given the deadline to submit the names of voting delegates being Wednesday 1 November 2017, Councils are being encouraged to establish a draft/reserve voter list of Councillors well before 13 October.

 

It is understood that the same Councillors nominated to vote on motions at the conference can also be authorised to vote for the Association’s Office Bearers and Board.

 

The recommendation in this report therefore proposes that Council establishes a list in order of preference for those Councillors proposed to have voting rights, noting that the number will effectively be capped by the advice provided by LGNSW by Friday 13 October 2017.

 

Submitting Motions

Advice from LGNSW indicates that all members can put forward motions to be considered at the Conference, noting that the LGNSW Board has resolved that motions will only be included on the Conference Business Paper where they:

 

1.   are consistent with the objects of the Association;

2.   relate to Local Government in NSW and/or across Australia;

3.   concern or are likely to concern Local Government as a sector;

4.   seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

5.   have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encouarge non-compliance with prevailing laws);

6.   are clearly worded and unambiguous in nature; and

7.   do not express preference for one or several members over one or several other members.

 

Motions submitted for inclusion on the Conference Business Paper require evidence of support, e.g. extract of Council Meeting minutes showing resolution for the motion to be considered by the Conference.

 

Members have been requested to submit any motions for the Conference by close of business Monday 9 October 2017.  To achieve this deadline, Council will need to consider any proposed motions for the LGNSW Conference at it’s meeting scheduled for 28 September 2017.  Therefore the following procedure will need to be adhered to:

 

·    Any motions proposed by Councillors to be submitted to LGNSW for inclusion on the Conference Business Paper are to be delivered to the General Manager by close of business Friday 15 September 2017;

·    Motions (with a lawful purpose) received by the General Manager will be included in a report to Council for consideration at it’s meeting to be held Thursday 28 September 2017; and

·    Subject to Council consideration on 28 September 2017, motions adopted by Council resolution will be forwarded to LGNSW by close of business 9 October 2017.

Options:

1.   Adopt the recommendations in this report and therefore resolve the authorised voting Delegates for the 2017 Annual Conference of LGNSW and the process for formal consideration of any motions to be submitted to the Conference.

2.   Consider amending the recommendation with a view to establishing an alternate process for appointing voting Delegates and the submission of motions to the Conference.

3.   Reject the recommendation and effectively not appoint voting Delegates to represent Council at the Conference, nor authorise the submission of motions for consideration at the Conference.

Sustainability Assessment:

•     Environment

It is likely that business transacted at the LGNSW Annual Conference will contain matters potentially impacting the environment.

•     Social

It is likely that business transacted at the LGNSW Annual Conference will contain matters of social impact.

•     Civic Leadership

By attending the LGNSW Annual Conference Coffs Harbour City Council, through its Delegates, will have the opportunity to represent the interests of the Coffs Harbour Community in matters before the conference.  This is an appropriate civic leadership role for Council to play given its regional leadership role in NSW.

•     Economic – Broader Economic Implications

At this point in time, there does not appear to be any broader economic implications as a result of Council’s participation in the 2017 LGNSW Annual Conference.

•     Economic - Delivery Program/Operational Plan Implications

It is normal practice to make provision for Councillors attendance at the annual conference of LGNSW and suitable provision is available in Council’s 2017/18 budget.

Risk Analysis:

It is not anticipated that there would be any real risks associated with Councillors attendance at the annual conference of LGNSW.  In considering risks associated with any motions up for consideration at the conference, it is expected that Council’s authorised voting Delegates will evaluate those risks at the time of voting on the respective motions.

Consultation:

This report presents the first opportunity for consultation with Councillors in a formal sense to facilitate the necessary actions and outcomes associated with attendance at and voting on motions up for consideration at the annual conference of LGNSW.

Related Policy, Precedents and / or Statutory Requirements:

Traditionally, Council has made attendance at the annual conference of NSW available to all sitting Councillors, whilst the appointment of authorised voting Delegates is restricted to those named by Resolution of Council.

 

It is also normal practice to require any motions proposed for consideration at the annual conference of LGNSW to be formally considered by Council and supported by way of a Resolution.

Implementation Date / Priority:

Consideration of the recommendations in this report and the submission of motions for formal consideration will enable Council to meet the timelines set out by LGNSW.

Conclusion:

Annually Council gives consideration to any motions proposed to be submitted to the annual conference of LGNSW, noting of course that there is no compulsion on Council to submit motions.  It is also appropriate that Council consider the authorised voting Delegates for the conference by way of resolving accordingly.  The recommendations in this report are therefore presented for Council’s consideration.

 

 

 



 


 


 


 


 


GM17/21      Organisation Structure - Statutory Review post Ordinary Council Election

Author:                        General Manager

Authoriser:                  General Manager

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  GM17/21  Organisation Structure - Current (Adopted August 2014)  

 

Executive Summary

The Local Government Act 1993 requires each council in NSW to re-determine its organisation structure within 12 months of an ordinary election (i.e. within 12 months of September 2016).

 

Coffs Harbour City Council has reviewed and determined its organisation structure over the years, with the most recent review adopted in August 2014 resulting in a major change program for the organisation.  One of the underlying principles applied in the August 2014 restructure was for there to be no reduction in levels of service to the community.  The restructure has challenged the organisation to think, work, manage and lead differently whilst delivering approximately $3.2m per annum ongoing operational savings, ideally targeted for expenditure on infrastructure renewal.

 

Given the major change that the organisation has been through over the last couple of years, the financial result delivered and the fact that Council’s improvement strategies have seen the State Government declare Coffs Harbour City Council Fit for the Future, it is not proposed that the organisation structure be altered at this time.

 

The organisation structure needs to be effectively a living thing, with regular reviews to ensure it remains fit for purpose in delivering on the strategic direction of the Council and remains relevant in the context of the Community Strategic Plan.  The Executive will therefore continue to monitor the effectiveness of the organisation structure.

 

 

Recommendation:

That Council:

1.   In accordance with Section 333 of the Local Government Act 1993, adopt the organisation structure identified within Attachment 1 of the attachments to this report;

2.   In adopting the structure, as outlined in (1) above, determine that the positions within the organisation structure that are senior staff positions in accordance with Section 332 of the Local Government Act 1993 are: Director Business Services, Director Sustainable Infrastructure and Director Sustainable Communities;

 

Report

Description of Item:

The Local Government Act 1993 provides that a council must determine the organisation structure after consulting the general manager and further that the organisation structure may be re-determined from time to time.  Further, the Act provides that a council must review, and may re-determine, the organisation structure within 12 months after any ordinary election of the council.

 

This report is aimed at fulfilling the requirement for Council to re-determine the organisation structure post the September 2016 ordinary election.

 

Coffs Harbour City Council has reviewed at’s organisation structure at various times over the years with the most recent major review of the structure occurring in August 2014 as part of Council’s major transformational change program.  The aim of the new structure at this time was in response to several critical drivers, namely:

 

·    delivery of the Sustainable Community Strategy 2030 and the draft Target Operating Model (Community Outcomes)

·    positioning Coffs Harbour City Council as a potential regional player and leader in local government NSW

·    functional and process coherence - grouping services which do similar things, operate in a similar way, or which should naturally work together within an “end to end” process to deliver service to the customer or community

·    agility to respond to future change and opportunity

·    best value in resource management

·    need to deliver on Council’s financial sustainability program

 

Whilst Coffs Harbour 2030 has moved on to the recent MyCoffs Community Strategic Plan review, this driver still remains applicable in the structure that is in place now.

Issues:

At the time that Council adopted it’s current organisation structure the approach taken was a somewhat non-traditional approach and as indicated elsewhere in this report, the organisation has been challenged to think, work, manage and lead differently.  Wherever possible the current structure has attempted to achieve functional and process coherence, i.e. the grouping of services which do similar things, operate in a similar way, or which should naturally work together within an “end to end” process to deliver service and outcomes to the customer or community.

 

This approach has challenged the way that the organisation operated previously, and has equally challenged the staff within the organisation in many ways to approach their work in a different manner.  Naturally, with the major change that has been implemented in the last couple of years, the organisation has experienced a degree of angst.

         

It is submitted that the current organisation structure is largely delivering on the key organisation design principles established in August 2014 and is capable of delivering further improvements and efficiencies as the review of processes continues to be carried out.

Options:

Essentially there are 3 options available to Council in this matter:

 

1.   Adopt the recommendation in this report and effectively re-determine the organisation structure for Council in line with the current structure.

2.   Adopt the recommendation in this report, with a point 3 requiring a further detailed briefing on the current structure.  This would effectively achieve option 1 and allow for a further review process.  (It should be noted that this review process can be arranged at any time).

3.   Not adopt any recommendation.  This would effectively mean Council would not be compliant with the legislation.

Sustainability Assessment:

•     Environment

By re-determining the organisation structure and maintaining the current structure there will be no impacts on the environment as such.

•     Social

By re-determining the organisation structure and maintaining the current structure there will be no impacts on social issues.

•     Civic Leadership

Council has a responsibility to review and re-determine the organisation structure from time to time under the Local Government Act 1993.  In doing so it is expected that Council will provide leadership to the community and demonstrate attempts to enable the key strategic driver for the community, namely MyCoffs, to be achieved, noting of course the need to achieve financial and operational sustainability.

•     Economic – Broader Economic Implications

The continuation of Council’s current organisation structure will continue the alignment between priorities identified in strategic plans and also continue the improved coordination and alignment of functions with the organisation.  This will enable the continued improvement of economic outcomes for the community.

•     Economic - Delivery Program/Operational Plan Implications

It should be noted at this point that with the adoption of the structure on 28 August 2014 and subsequent implementation, coupled with other elements of Council’s transformation program, ongoing operational savings in the vicinity of $3.8m per annum are now being achieved.  This has been achieved within the framework of not reducing the levels of service to the community.

Risk Analysis:

Should Council not re-determine the organisation structure within 12 months of the ordinary election, Council would be non-compliant with the Local Government Act 1993.

Consultation:

At the time of Council’s adoption of its new organisation structure in August 2014, extensive consultation occurred at all levels within the organisation and with the relevant unions with coverage of employees.

 

Since the September 2016 ordinary election briefings have been provided to Council on 25 October 2016 and 21 March 2017 with regard to the transformation program and its outcomes, including elements with regard to structure.

 

More recently, consultation has occurred with the Executive Leadership Team and the Group Leader Team.

Related Policy, Precedents and / or Statutory Requirements:

Under the Local Government Act 1993, Council must review its organisation structure within 12 months of an ordinary election, and may review this from time-to-time as required (Sections 332 and 333 of the Local Government Act 1993).

 

In determining the organisation structure Council must also determine those positions within the Organisation that are “senior staff positions”.  The legislation also provides the criteria for determining the eligibility of positions to be classified “senior staff” etc.

Implementation Date / Priority:

Should Council adopt the recommendation contained in this report, the implementation will be immediate.

Conclusion:

Given the scale of change that the organisation has experienced in the last couple of years, the ongoing review of processes and the implementation of the new continuous improvement framework, it is suggested that a change to the current organisation structure at the present time would not be justified.  The current structure continues to deliver on the design principles established in August 2014, not the least of which is the MyCoffs Community Strategic Plan, and has also delivered in a significant way toward Council’s financial sustainability journey.

 

It is therefore recommended that Council effectively adopt the organisation structure currently in place.

 

 

 


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BS17/32       Monthly Financial Performance Report for the month ended 31 July 2017

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  BS17/32   Monthly Financial Performance Report for the month ended 31 July 2017  

 

Executive Summary

This report presents the monthly financial performance report for 31 July 2017.  The report provides information on the actual to budget position at the financial statement level for the current financial year.

 

Recommendation:

That Council note the monthly financial performance report for 31 July 2017, including the following Consolidated Income Statement.

 

CONSOLIDATED INCOME STATEMENT as at 31 July 2017:

 

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Actuals

Recurrent Revenue

‘000s

‘000s

‘000s

Rates & Annual Charges

94,845

94,845

94,218

User Charges & Fees

30,750

30,750

1,301

Interest & Investment Revenue

5,140

  5,140

846

Other Revenues

15,171

15,171

1,383

Grants & Contributions provided for Operating Purposes

12,620

12,620

130

 

 

 

 

RECURRENT REVENUE

158,526

158,526

97,878

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

48,718

48,718

4,197

Borrowing Costs

10,621

10,621

(109)

Materials & Contracts

117,366

117,366

5,843

Depreciation & Amortisation

46,170

46,170

3,848

Other Expenses

1,667

  1,667

297

 

 

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Actuals

Less: Capitalised Expenses

(58,482)

(58,482)

(2,379)

 

 

 

 

RECURRENT EXPENDITURE

166,060

166,060

11,697

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

(7,534)

  (7,534)

86,181

 

 

 

 

Capital Revenue

 

 

 

Capital Grants, Subsidies, Contributions and Donations

25,793

25,793

248

 

 

 

 

CAPITAL REVENUE

25,793

25,793

248

 

 

 

 

NET SURPLUS

18,259

18,259

86,429

 

 

 

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 July 2017.  This statement compares actual to budget on a monthly and year to date basis at the financial statement level.

 

CONSOLIDATED INCOME STATEMENT as at 31 July 2017:

 

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Actuals

Recurrent Revenue

‘000s

‘000s

‘000s

Rates & Annual Charges

94,845

94,845

94,218

User Charges & Fees

30,750

30,750

1,301

Interest & Investment Revenue

5,140

  5,140

846

Other Revenues

15,171

15,171

1,383

 

 

 

 

 

 

 

 

 

 

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Actuals

Grants & Contributions provided for Operating Purposes

12,620

12,620

130

RECURRENT REVENUE

158,526

158,526

97,878

 

 

 

 

Recurrent Expenditure

 

 

 

Employee Benefits & Oncosts

48,718

48,718

4,197

Borrowing Costs

10,621

10,621

(109)

Materials & Contracts

117,366

117,366

5,843

Depreciation & Amortisation

46,170

46,170

3,848

Other Expenses

1,667

  1,667

297

Less: Capitalised Expenses

(58,482)

(58,482)

(2,379)

 

 

 

 

RECURRENT EXPENDITURE

166,060

166,060

11,697

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

(7,534)

  (7,534)

86,181

 

 

 

 

Capital Revenue

 

 

 

Capital Grants, Subsidies, Contributions and Donations

25,793

25,793

248

 

 

 

 

CAPITAL REVENUE

25,793

25,793

248

 

 

 

 

NET SURPLUS

18,259

18,259

86,429

 

Issues:

The report attached is for July 2017 and includes an Income Statement and Key Performance Indicators. In future months capital expenditure progress reporting will also be included.

Options:

An options analysis is not provided as the report is 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 MyCoffs 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 is estimated to be $86.4 million as at 31 July 2017.  This is much higher than the end of year predicted surplus as the whole amount of the Rates Levy is recognised in the month of July.

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.  Any 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 for the current financial year.

 

 

 



 


 


 


BS17/33       Release of Council Easements for Drainage - Lot 1 DP 796866, Lot 1 DP 421199, Lot 4 Section 8 DP 758258 and Lot 6 DP 721353

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  BS17/33   Plan of easements for drainage to be released  

 

Executive Summary

The purpose of this report is to obtain formal Council approval to release a number of drainage easements affecting the Coffs Central shopping centre that are surplus to Council requirements.

 

 

Recommendation:

That Council:

1.   Agree to release the following Council easements for drainage as described in this report, being:

a.   Easement for drainage 4.57 wide created by H899139 affecting Lots 1 DP 796866 and Lot 1 DP 421199;

b.   Easement for drainage variable width created by DP 721353 affecting Lot 6 DP 721353; and

c.   Easement for drainage 4.5 wide and variable width created by DP 116694 affecting Lot 4 Section 8 DP 758258.

2.   Authorise the execution under seal of the required legal documents to facilitate this matter.

3.   Agree that all costs associated with this matter be borne by the owner of the lots in question.

 

Report

Description of Item:

Council have received a request from a consultant surveyor acting for Gowing Bros Limited to release easements over a number of land parcels as shown in green on the plan attached to this report.  The easements were created historically to protect the rights of Council in regard to a large stormwater drainage system within the city centre of Coffs Harbour.  The system comprised a number of large underground pipes that impacted the following parcels of land:

 

·    Lot 1 DP 796866

·    Lot 1 DP 421199

·    Lot 4 Section 8 DP 758258

·    Lot 6 DP 721353

 

These lots are zoned B3 Commercial Core under the provisions of Coffs Harbour LEP 2013.

 

The above land parcels form part of the proposed Coffs Central shopping centre and the owners of the site obtained development consent to extend the centre via the following Development Consents, being 960/13DA, 43/17DA and 751/16DA as modified.

 

The consents that benefit the property facilitated a Planning Agreement between the developer and Council dated 17 March 2016 which enabled a number of public works, including the relocation of Council stormwater drainage pipes that bisected the property as noted above.  The relocated pipes are now situated within Harbour Drive and Gordon Street road reserves.  These works have been recently completed to Council’s satisfaction and support Councils stormwater requirements for the city centre.

 

Due to these arrangements, the easements, which are the subject of this report, are no longer required both in regard to current and future requirements.  The location of the easements in fact bisects the underground car park associated with the current extension of the shopping centre.  Their location is at odds with the current approval and they would be impractical for Council to make use of now or in the future.

 

Gowing Bros Limited who owns the Coffs Central shopping centre is requesting the release of these easements to facilitate the finalisation of their multi-story development which has frontages to Harbour Drive, and to Gordon and Vernon Streets, Coffs Harbour.

Issues:

There are no major issues associated with this matter given that the easements are surplus to Council requirements both currently and in the future.

Options:

The options available to Council are:

 

1.   To adopt the recommendation and consent to the release of the easements; or

2.   To reject the recommendation and therefore refuse consent to the request and retain the easements. To retain the easements would maintain Council’s rights over the property, however to make future use of these easements would likely not be compatible with, and would compromise the approved development on the land and the constructed basement car park.

Sustainability Assessment:

•     Environment

There are no environmental issues.

•     Social

There are no social impacts.

•     Civic Leadership

Council would be acting responsibly to facilitate this matter and release surplus property rights that are no longer required.

•     Economic – Broader Economic Implications

The removal of the easements will appease the requirements of the owner of the lots in question. It will also facilitate the finalisation of a major development in Coffs Harbour’s central business district.

•     Economic - Delivery Program/Operational Plan Implications

All costs associated with this matter will be borne by Gowing Bros Limited, the owner of the lots in question.

Risk Analysis:

The risk in relation to this matter has been assessed as minor and insignificant.

Consultation:

Internal consultation with relevant Council officers confirms the easements are surplus to Council requirements both currently and in the future and that there is no reason to retain the easements from Council’s perspective.

Related Policy, Precedents and / or Statutory Requirements:

Council has in the past consented to the release of easements when considered appropriate.

 

Council cannot affix its seal or dispose of property or property rights without a resolution of Council by virtue of section 377(h) of the Local Government Act 1993.  This requirement has generated the need for this report.

Implementation Date / Priority:

This matter will be dealt with immediately following Council’s resolution.

Conclusion:

The easements are surplus to current and future public requirements for drainage.  The release will unencumber land that is being developed to provide Coffs Harbour with additional retail and commercial premises and a potential high rise hotel that has formal Development Consent and is currently being acted upon.

 

 


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BS17/34       Acquisition of Easement For Water Supply – Lot 108 DP 776934, 14 Willis Road, Woolgoolga.

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  BS17/34   Location of proposed easement affecting Lot 108 DP 776934

ATT2  BS17/34   CONFIDENTIAL          Compensation payment and owner details - Lot 108 DP 776934

Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.  

 

Executive Summary

Council recently completed the construction of a new 150mm, underground water main connecting Willis Road to Hearnes Lake to provide a secondary water supply to future and existing developments in this area to the south of Woolgoolga.  The project will ensure the continuity of supply to this locality.  As part of the project, an easement is now required over Lot 108 DP 776934 upon which Council has no current tenure to protect the new work.  Recent negotiations with the owner of the lot has resulted in Council agreeing in principle to an amount of compensation on the basis Council is responsible for all reasonable costs.

 

 

Recommendation:

That Council:

1.       Authorise an agreed payment (as referred to in confidential attachment ATT2) to the owner of Lot 108 DP 776934, 14 Willis Road, Woolgoolga as compensation for an easement for water supply 5 metres wide being transferred to Council over the property as described in this report.

2.       Authorise payment of all costs associated with the acquisition, including reasonable legal expenses, survey, mortgage consent fees and registration expenses.

3.       Execute all documents necessary to facilitate the matter under the common seal of Council.

 

Report

Description of Item:

Council recently completed the construction of a new 150mm, underground water main connecting Willis Road to Hearnes Lake to provide a secondary water supply to future and existing developments in the area to the south of Woolgoolga.  Now that the construction works are complete, Council requires an easement to be created over the pipeline to provide legal access to the infrastructure into the future.  The easement transfer will also facilitate compensation to be paid to the affected owner and a legal notation will rest on the property title in perpetuity providing advice and information to future owners.

 

The easement is to be 5 metres wide and will be located as shown in yellow highlight on the plan in Attachment 1.

 

The area of the easement affecting Lot 108 is proposed to be approximately 289 square metres and will be located on a part of the property zoned IN1 General Industrial under the provisions of Coffs Harbour LEP 2013.  The total area of Lot 108 is 2,501 square metres.

 

The property currently comprises an industrial holding upon which is constructed a shed and an older residence.  The easement and underground pipeline are located along the property’s eastern boundary which has a reasonably steep embankment that separates it from the adjoining property.  The area affected is somewhat constrained and the easement will have only limited impact on the development potential of the site which is currently under-developed.  Council generally allows driveways to be constructed over such infrastructure which also limits the impact of the easement on the property.

Issues:

The pipeline has been recently completed and the acquisition of the easement will help finalise the project and compensate the affected owner.

 

Council’s qualified Valuer has negotiated the acquisition and considers the agreement for compensation and terms to be fair and reasonable as detailed in confidential Attachment 2.

Options:

Council has two options available:

 

1.   Complete the acquisition as proposed.

2.   Do not proceed with the acquisition which would leave the owner without compensation for the impact of the pipeline and would also leave Council and future owners in a sub-optimal position.

Sustainability Assessment:

•     Environment

The acquisition will have little impact on the environment.  All environmental issues were considered as part of the project works which have now been completed.

•     Social

There are no adverse issues in relation to this aspect.

•     Civic Leadership

Council will show leadership in regard to the completion of the project in line with standard procedures and the matter will meet the principles within Council’s MyCoffs Community Strategic Plan which promotes continued investment and improvement to local infrastructure.

•     Economic – Broader Economic Implications

There will be minimal impact as a result of the acquisition.

•     Economic - Delivery Program/Operational Plan Implications

Council has allocated an amount within the current budget for the completion of this project.  The total cost of this acquisition including all matters is estimated to be in the order of the amount shown in confidential Attachment 2 to this report.

Risk Analysis:

The risk in relation to this matter is assessed as minor and insignificant.

Consultation:

All relevant stakeholders have been consulted.  The owner of the property has provided written consent to the terms associated with the transfer.

Related Policy, Precedents and / or Statutory Requirements:

Council has in the past acquired easements over its infrastructure when considered appropriate.

 

Section 377 (1) (H) of the Local Government Act 1993 requires the formal approval of Council in regard to the acquisition of land or property rights.

Implementation Date / Priority:

The matter will be actioned immediately upon Council’s resolution.

Conclusion:

This report addresses the requirements for the acquisition of an easement for water supply over recently completed works associated with the construction of a new 150mm underground water main connecting Willis Road to Hearnes Lake at Woolgoolga.

 

 


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BS17/35       Boundary Adjustment Affecting Council Land Known as Lot 703 DP 1182286 at Rovere Drive, Coffs Harbour

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  BS17/35   Proposed Boundary Adjustment Plan

ATT2  BS17/35   CONFIDENTIAL          Property Owner & Compensation Details

Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.  

 

Executive Summary

The purpose of this report is to obtain formal Council approval to complete a boundary adjustment between Councils land known as 703 DP 1182286 and an adjoining development site privately owned which has approval for a residential subdivision.  This report presents the details and terms of the proposed boundary adjustment for Council’s consideration.

 

 

Recommendation:

That Council:

1.   Agree to the boundary adjustment as described in this report affecting Lots 702 and 703 DP 1182286 at Coffs Harbour.

2.   Agree to the amount of compensation detailed in the confidential attachment to this report which is to be paid to Council for the impact on its land caused by the boundary adjustment.

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

4.   Agree that all costs associated with the matter be borne by the private owners of Lot 702 DP 1182286.

5.   Agree to classify the land being transferred to Council as Operational Land under the provisions of the Local Government Act 1993.

 

 

Report

Description of Item:

Council have received a request from a consultant managing the “Sunset Ridge Estate” residential land subdivision at Rovere Drive, Coffs Harbour.  This estate is currently being developed in stages. Council has been asked to consent to a boundary adjustment between Lot 703 DP 1182286 which is Council owned, and Lot 702 DP 1182286 which is privately owned and forms part of the estate.

 

Lots 702 and 703 DP 1182286 were created pursuant to Development Application 1351/05.  Lot 703 was purchased by Council from a mortgagee in possession a number of years ago and is classified as Operational Land under the provisions of the Local Government Act, 1993.  This Lot has been set aside for a future detention basin.  The land is approximately 3.611 hectares in area and is predominantly zoned E2 Environmental Conservation under Coffs Harbour LEP 2013.

 

Recently Roads and Maritime Services have advised they intend to acquire a portion of land from Lot 702 for the future Coffs Harbour Highway By-Pass.  Consequently road realignment within the development was proposed and approved as part of Development Application 1351/05 Modification DM0045/16.  The boundary adjustment described in this report has become necessary as a result of this approval because the proposed realigned road now passes through Council’s Lot 703.

 

The boundary adjustment will result in a net 119 square metre increase to Lot 702 and a corresponding reduction in the total area of Council’s Lot 703. Attachment 1 to this report shows in yellow highlight the area of 513 square metres of Council land required by the developer.  The pink highlighted area of 394 square metres reflects the area of additional land that is offered by the owners of Lot 702 and will be added to Council’s existing land.

 

Most of the land area to be transferred to the developers will eventually be dedicated back to Council as public road to facilitate the development of the estate.  The additional area that will be added to Council’s land will simply form an extension to the drainage pathway that currently exists.  Both these sections of land are predominantly zoned E2 Environmental Conservation under Coffs Harbour LEP 2013.

 

There is a small area of land, estimated to be approximately 20 square metres, which will be transferred to the developers as part of this arrangement which is zoned R2 Low Density Residential under Coffs Harbour LEP 2013.  This small portion will allow the developers to create a larger and more regular shaped retail lot upon finalisation of the development.

 

As compensation for the reduction in the size of Council’s land and to account for the minor addition of land to the developer, a monetary payment will be made to Council and is detailed in Confidential Attachment 2 to this report.  All costs associated with the matter are to be paid by the developers and owners of Lot 702.

 

As noted previously Council’s land is currently classified as Operational Land under the provisions of the Local Government Act 1993.  To maintain consistency, the land acquired by Council via this process will also be classified as Operational LandThis will ensure an appropriate classification for the whole of Council’s land once construction of the detention basin is underway and completed.

Issues:

Internal consultation with relevant officers confirms that the boundary adjustment proposed will not affect Council’s future plans to construct a detention basin on Lot 703.  Preliminary designs have been completed for the basin works and these are not impacted or can be easily amended.  The proposed boundary adjustment affects only the upstream section of Council’s land and is remote from constructions works associated with the detention basin wall and excavations for the basin’s storage.

 

Council has already provided a Consent modification to the proposed road re-alignment within the adjoining estate.


 

Options:

The options available to Council are:

 

1.   To consent to the boundary adjustment as described in this report as recommended.  To provide consent to the proposed boundary adjustment would not adversely affect the detention basin planned for Lot 703.  Consent would result in a reduction in the total area of Council’s Lot 703, which is considered minor.

2.   To refuse consent to the boundary adjustment and retain Lot 703 as it exists.  To refuse consent to the proposed boundary adjustment would maintain Council owned Lot 703 as it stands but compromise the approved development on the adjoining land.  This option would also be inconsistent with the Development Consent Modification that has been issued by Council.

Sustainability Assessment:

•     Environment

All environmental issues have been identified and addressed in approved Development Applications 1351/05 and Modification DM0045/16.

•     Social

There are no adverse issues in relation to this aspect.

•     Civic Leadership

Council will show leadership in regard to the completion of this matter in line with standard procedures and will meet the principles within Council’s 2030 Community Strategic Plan.  Consent to the proposal will promote effective and appropriate use of land.

•     Economic – Broader Economic Implications

There will be minimal impact as a result of the boundary adjustment.

•     Economic - Delivery Program/Operational Plan Implications

All costs associated with this matter will be borne by the owner of Lot 702 DP 1182286.  Furthermore, Council will obtain fair compensation as detailed in the confidential attachment to this report for the loss of 119 square metres of land from Lot 703.

Risk Analysis:

The risk in relation to this matter has been assessed as insignificant.

Consultation:

Internal consultation with relevant officers confirms that the boundary adjustment proposed in this report will not affect Council’s future plans to construct a detention basin on Lot 703.

 

Council’s qualified valuer has negotiated the proposed boundary adjustment and considers the proposed level of compensation and terms to be fair and reasonable.

Related Policy, Precedents and / or Statutory Requirements:

Council has, in the past, consented to boundary adjustments and the sale and purchase of land when considered appropriate.

 

Council’s land that is affected is classified Operational Land under the Local Government Act 1993 and this designation allows Council to deal legally with the land as proposed.

 

Council cannot acquire or dispose of property or property rights without a resolution of Council by virtue of Section 377(h) of the Local Government Act 1993.  This requirement has generated the need for this report.

Implementation Date / Priority:

This matter will be dealt with immediately following Council’s resolution.

Conclusion:

It is recommended that Council consent to the boundary adjustment between Lots 702 and 703 DP 1182286 as proposed in this report.  Whilst the proposal will reduce the net area of Council land known as Lot 703 by 119 square metres, Council will receive fair and reasonable compensation.  Internal consultation has confirmed that the boundary adjustment will not affect Council’s future plans to construct a detention basin on Lot 703.  Furthermore, to refuse consent to the proposed boundary adjustment would be inconsistent with the Development Consent as modified for the land adjoining which is being developed as a residential estate.

 

 


 


NOM17/15   Review the Current Coffs Harbour DCP 2015 - Clarification of Maximum Size of a Shed/Ancillary Development that can be Built in a Residential Area

Attachments:          Nil

 

Motion:

Councillor Knight has given notice of her intention to move the following:

"That Council review the current Coffs Harbour DCP 2015 in order to clarify the maximum size of a shed/ancillary development that can be built in a Residential area."

 

Rationale:

“Recently there has been a "shed " erected in a residential area in the LGA that was too large for a residential area but complying with the current DCP therefore a review will help clarify the difference between a household structure and industrial.”

Staff Comment:

Coffs Harbour DCP 2015 contains the following in regards to ancillary development.

D3.13 Ancillary Development Requirements

Objective: To ensure that the design and location of ancillary development on residential zoned land minimises impacts on the streetscape and adjoining land.

Requirements: Ancillary development is to be designed and constructed to minimise visual impacts on adjoining land and amenity of the area: and sited to minimise impacts on private open space within the site and on adjoining land.

Most ancillary development is minor development in terms of scale. However, if a Development Application for a large ancillary development such as a garage or shed has the potential to impact on adjoining property it is notified to the property owners and any submissions and options for mitigating any detrimential impact are considered prior to determination. This process can result in reducing the height or increasing the setback of a proposed development so that it satisfies the objective of D3.13 by minimising impacts on the adjoining land.

The resourcing requirements to undertake any review are not overly significant but it should be noted that it will further fragment and dllute effort in Council’s strategic planning agenda.

 


NOM17/16   Funding for Comprehensive Feasibility Study for the Development of City Hill as a Major Cultural Complex

Attachments:          Nil

 

Motion:

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

"That Council as the landowner provide a letter of support in respect of an application by the Rotary Club of Coffs Harbour City Inc., seeking the necessary funding to meet the cost of a comprehensive Feasibility Study for the development of City Hill as a major cultural complex."

 

Rationale:

 

Staff Comment:

Council has not received any details regarding the application or proposal being developed by the Rotary Club of Coffs Harbour City Inc. for a comprehensive feasibility study at City Hill.  It is unclear as to what is being proposed in regards to a “major cultural complex” with regards to this specific request.

As background, at it’s meeting of 23 February 2017, Council considered a report on the public exhibition of a draft Cultural Policy and draft Creative Coffs – Cultural Strategic Plan 2017-2022.  At this meeting, it was resolved:

That Council:

1.    Adopts the Cultural Policy (Attachment 1)

2.    Adopts the Creative Coffs - Cultural Strategic Plan 2017-2022 (Attachment 2)

3.    Notifies parties who made a submission during the consultation described in the report of Council’s decision.

4.    In accordance with Strategy 2.5 of the Creative Coffs - Cultural Strategic Plan 2017-2022, notes the commencement of the next stage of the cultural strategic planning process, being Stage 2a) Finalise issues and options analysis for future performance and/or conference venue(s) in Coffs Harbour that include a Performing Arts Space.

At it’s meeting of 11 May 2017, Council considered a report on the outcomes of a Precinct Analysis for the Library/Gallery project mixed and the additional civic use investigations for 23-31 Gordon Street, Coffs Harbour.  This report also considered confirming a Cultural and Civic Precinct in the CBD and adopting a scope for the Cultural and Civic space project to include a new central library, regional gallery, customer service, Council Chambers and Council staff office accommodation.  At this meeting, it was resolved:

That Council:

1.       Endorses the project to be named Cultural and Civic Space – For the Heart of the City.

2.       Adopts the scope of the Cultural and Civic Space project to include a new central library, regional gallery, customer service area, Council Chambers and Council staff office accommodation.

3.       Notes that the Regional Museum asset, and other Council assets, will be considered within the asset consolidation and business case planning exercise.

4.       Adopts the Library/Gallery Precinct Analysis (Attachment 2) and updates the City Centre Masterplan accordingly.

5.       Notes that $160,000 for project management and updates to both the Regional Gallery and Library Service Strategic Plans will be considered by Council for the final 2017-2021 Delivery Program and final 2017/18 Operational Plan.

6.       That Council commit to allocate $75,000 in next year’s budget to undertake studies, concept designs, and preliminary budgets associated with the cultural development at City Hill.

  


SC17/50       Performance Review of Coffs Harbour Development Control Plan 2015

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC17/50   Proposed Draft Amendments to Coffs Harbour Development Control Plan 2015 - Performance Review No 1 - September 2017  

 

Executive Summary

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 29 September 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). It has not been updated since its inception.

The purpose of this report is to undertake Council’s first “housekeeping” performance review of DCP 2015, to support the ongoing effective implementation of the DCP. The proposed amendments will make the DCP clearer and easier to use, and will help Council in meeting its intended planning outcomes. This report seeks Council’s endorsement to publicly exhibit draft amendments to DCP 2015 as shown in Attachment 1.

 

Recommendation:

That Council:

1.       Endorse and publicly exhibit the proposed draft amendments to Coffs Harbour Development Control Plan 2015 (Attachment 1) for a minimum period of 28 days.

2.       Endorse the use of Council’s on-line mapping system for Coffs Harbour Development Control Plan 2015 maps and apply formal updates on an evolving basis in response to amendments to Coffs Harbour Local Environmental Plan 2013.

3.       Note that a further report will be brought back to Council for consideration following the public exhibition of the draft amendments to Coffs Harbour Development Control Plan 2015.

 

Report

Description of Item:

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 29 September 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). It has not been updated since its inception.

The purpose of this report is to undertake Council’s first “housekeeping” performance review of DCP 2015, to support the ongoing effective implementation of the DCP. The proposed amendments will make the DCP clearer and easier to use, and will help Council in meeting its intended planning outcomes.

The proposed amendments relate to the following three topics:

-    Biodiversity;

-    DCP Maps; and

-    Minor Housekeeping.

The proposed amendments are shown in Attachment 1, and are summarised in the issues section of this report.  The purpose of this report is to seek Council’s endorsement to publicly exhibit draft amendments to DCP 2015 (see Attachment 1).

Issues:

·     Biodiversity

A number of amendments are proposed to the Biodiversity chapter of DCP 2015 (chapter E1). These changes are required to:

-    Incorporate controls associated with recent management plans and policies adopted by Council (including the Kangaroo Management Plan for the Coffs Harbour Northern Beaches 2017 adopted by Council 22 June 2017, the Coffs Harbour LGA Flying-fox Camps Strategic Management Plan adopted by Council 24 August 2017 and the Coffs Harbour Significant Tree Policy adopted by Council 10 August 2017);

-    Incorporate minor updates associated with the NSW Biodiversity Reforms that commenced on 25 August 2017 such as the repeal of the Threatened Species Conservation Act 1995 and the Native Vegetation Act 2003, and the addition of the Biodiversity Conservation Act 2016, and associated definitions; and

-    Incorporate updates to the Preservation of Vegetation Mapping to:

§ Remove Prescribed Vegetation (b) in favour of describing the protected vegetation by a definition that is simpler to understand and administer; and

§ Add the High Value Arboreal Habitats adopted by Council 8 May 2014 and Over-Cleared Vegetation Types adopted by Council 28 November 2013 to the existing Prescribed Vegetation (a); and

-    Incorporate a number of administrative updates designed to provide greater guidance and clarity for customers such as updated definitions, additional exemptions and requirements. 

·     DCP Maps

DCP 2015 currently comprises hard copy maps relating to density, setbacks, preservation of vegetation, steep or highly erodible land and minimum target lot yields. The hard copy maps within the DCP were a temporary measure until Council’s online mapping system was established (Geocortex). Council’s online mapping system has now been updated and integrated with Council’s ePlanning software.

Amendments proposed to be made to the DCP 2015 maps in the current performance review include:

-    Updating of DCP 2015 to incorporate Council’s updated electronic mapping systems. It is proposed that the existing hard copy DCP maps within DCP 2015 be replaced with hyperlinks to Council’s online mapping system. In this regard, it is proposed that the intent to update DCP 2015 by removing the hard copy DCP Maps and inserting a link to Council’s online mapping system is formally exhibited;

-    Updating of DCP 2015 maps to reflect zone amendments recently made to Coffs Harbour LEP 2013. These changes include the application of previously endorsed densities and setbacks for land use zones in various locations of the LGA;

-    Deletion of DCP 2015 Minimum Target Lot Yield Map. It is proposed to remove the minimum target lot yield maps from DCP 2015 and provide future population and lot yield estimates within relevant Developer Contributions Plans for simplicity, clarity and efficiency;

-    Updates to DCP 2015 Preservation of Vegetation Map. It is proposed that the Preservation of Vegetation Map is amended to reflect changes required to Chapter E1 Biodiversity of DCP 2015, such as the deletion of prescribed vegetation (b) and the inclusion of High Value Arboreal Habitats and Over-Cleared Vegetation Types.

·     Minor Housekeeping

The remaining proposed amendments to DCP 2015 include a number of “housekeeping” amendments which are recommended to keep the DCP up-to-date and accurate and to provide the best balance in effective planning to achieve and facilitate sound development.  The proposed amendments will:

·      Introduce development controls to minimise impacts from noise generating development;

·      Clarify and update residential infrastructure works, including laneway and driveway construction; and

·      Incorporate relevant content from the Water Sensitive Urban Development (WSUD) Policy into the WSUD Guidelines. 

Options:

Council has the following options available to progress this matter:

1.       Proceed with the DCP amendment process and exhibition as recommended. Subject to a post exhibition report and endorsement by Council, this will result in an amendment to DCP 2015.

Comment: This option will ensure that the planning controls for the Coffs Harbour LGA align with legislative requirements and recent legislative amendments and Council’s strategic documents and will also ensure that a more user-friendly guideline and reliable on-line planning enquiry service is available for proponents of development within the LGA.

2.       Proceed with the DCP amendment process with further amendments or alternatives to the contents of Attachment 1.

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

3.       Not proceed with the DCP amendment process and reject the recommendation provided to Council.

Comment: This option will result in out-dated planning controls continuing to apply across the LGA and overly complex guidelines for development within the Coffs Harbour LGA.

This report recommends that Council pursue option one as outlined above.

Sustainability Assessment:

•     Environment

The proposed amendments to the DCP controls support related provisions within Coffs Harbour LEP 2013, evolving Council policy and environmental management strategies, the State Government Biodiversity Reforms and generally assist in achieving positive environmental outcomes within the Coffs Harbour LGA. This DCP performance review aims to ensure the City’s development continues to be carried out in an environmentally sustainable manner.

•     Social

DCP 2015 has been designed to support Coffs Harbour LEP 2013 in its aim to provide a high level of social, physical and cultural amenity within the LGA. A regular review of the performance of the DCP allows for minor adjustments to keep the DCP up-do-date and accurate and better able to maintain and excel in design excellence outcomes.

•     Civic Leadership

Coffs Harbour DCP 2015 is consistent with the themes of the MyCoffs Community Strategic Plan and will aid the plan in achieving the following objectives:

-    “We undertake development that is environmentally, socially and economically responsible; and

-    We protect the diversity of our natural environment.”

Further, the regular review of Council’s strategic documentation is also consistent with the following objectives:

-    “We foster informed and inspired leadership in our community; and

-    We undertake effective engagement and are informed.”

Council’s strategic planning documents ensure transparency and accountability in local government.  Their implementation enables Council to identify and respond to community issues and concerns. Accordingly, the DCP amendment process will be undertaken in accordance with the provisions of the Environmental Planning and Assessment (EP&A) Act 1979, as well as the EP&A Regulation 2000.

•     Economic – Broader Economic Implications

The review of DCP 2015 aims to ensure clarity of outcomes which assists the local economy. DCP controls have been refined within the Plan to provide an improved and more efficient use of future infrastructure resulting from new development and to minimise exposure of development to natural hazards and natural risks. The format of the DCP provides improved services to proponents of development via a more transparent and reliable online planning enquiry system. 

•     Economic - Delivery Program/Operational Plan Implications

The review of DCP 2015 is being resourced by internal staff with no additional resource required, as a business as usual matter.

Risk Analysis:

The performance review process outlined in this report supports a mechanism to reduce risk to Council and the community.  By reviewing and amending DCP 2015 where necessary to address minor anomalies and account for changes in Council policy and procedure, as well as accommodating legislative changes, Council lessens the likelihood of risk in planning related decision making. Failure to adopt the recommendations provided within this report will result in potential inconsistencies with existing planning controls.

Consultation:

There has been internal consultation with various stakeholders across the organisation to review specific chapters and controls relating to subdivision, biodiversity and infrastructure provision.

In accordance with the Environmental Planning and Assessment Regulation 2000, it is recommended that there be a 28 day public exhibition of the proposed changes to Coffs Harbour DCP 2015.  There will be a further report to Council following the exhibition, prior to adoption of any proposed amendments to the DCP.

Related Policy, Precedents and / or Statutory Requirements:

The DCP performance review is consistent with the following statutory documents and requirements:

·      EP&A Act 1979;

·      EP&A Regulation 2000;

·      North Coast Regional Plan 2017;

·      State Environmental Planning Policies (various);

·      NSW state government Biodiversity reforms; and

·      Coffs Harbour LEP 2013.

Implementation Date / Priority:

If adopted by Council, the amendments to DCP 2015 will commence on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Conclusion:

This report outlines the findings of an initial performance review of Coffs Harbour DCP 2015 and includes a number of written and mapping refinements for consideration.

The proposed amendments to DCP 2015 provide for a more cohesive and user friendly guideline for carrying out development within the Coffs Harbour LGA.  Importantly the DCP addresses legislative requirements, policy changes and integrates with Council’s online planning enquiry platform, thereby providing improved services to proponents of development via a more reliable online planning enquiry system.

This report seeks Council endorsement to publicly exhibit the draft amendments to DCP 2015 for a minimum period of 28 days. A further report will be brought back to Council for consideration post exhibition of the draft amendments.

 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


T17/16          TRUST REPORT - Expression of Interest EOI-831-TO - Short Term Use of Former Deep Sea Fishing Club Site

Author:                        Manager Holiday Parks and Reserves

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

 Attachments:             ATT1  T17/16      CONFIDENTIAL          Submission 1

Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

ATT2  T17/16      CONFIDENTIAL          Submission 2 - Part 1  

ATT3  T17/16      CONFIDENTIAL          Submission 2 - Part 2  

ATT4  T17/16      CONFIDENTIAL          EOI Assessment   

 

 

Executive Summary

Council, as Corporate Manager of the Coffs Coast State Park Trust, resolved on 25 May 2017 to undertake an Expression of Interest for short term use, up to three (3) years, for the former Deep Sea Fishing Club facility.  This report provides a short list of respondents for further consideration by the Trust as per the resolution of 27 April 2017. An initial assessment is included in Confidential Attachment 4 for the Trust’s consideration.

 

 

Recommendation:

That Council, as Corporate Manager of the Coffs Coast State Park Trust consider submissions received for Expression of Interest EOI-831-TO – Short Term Use of Former Deep Sea Fishing Club Site, and move the motion as detailed in the confidential attachment.

 

 

Report

Description of Item:

On 27 April 2017 the Trust resolved:

 

RESOLVED (Cr Paul Amos / Cr John Arkan) That Council as Corporate Manager of the Coffs Coast State Park Trust:

 

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

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

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

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

On 25 May 2017 the Trust resolved:

 

RESOLVED (Cr Paul Amos / Cr Sally Townley) That Council as Corporate Manager of the Coffs Coast State Park Trust approve the issuing of the EOI for short term use, up to three years, of the former Coffs Harbour Deep Sea Fishing Club facility.

 

The EOI was advertised per Council’s Procurement Policy and procedures and closed on 18 July 2017. There were two submissions received.

 

The submissions were assessed in the first instance for conformity and were then assessed against the criteria established in the EOI being:

 

·    Demonstrated Capability and Capacity

·    Demonstrated Experience and Past Performance

·    Key Personnel

·    Understanding of the Requirement

·    Product/Service Offering

·    Proposed Methodology/Program

·    Community Benefit

·    Commercial evaluation including:

Lump Sum Price/Total Price

Financial capacity

Insurances

Licenses, memberships and accreditations

 

Submission details are attached as Confidential Attachments 1, 2 and 3 for the Trust’s information and further consideration.

Issues:

Any issues associated with this report are considered in the EOI Assessment in Confidential Attachment 4.

Options:

Options available to the Trust include:

 

1.    Adopt the recommendation as detailed in Confidential Attachment 4.

2.    Reject all conforming EOIs and proceed immediately to a Long Term EOI. Temporary licenses could still be issued for appropriate use during the estimated three year Long Term EOI process.

Sustainability Assessment:

•     Environment

There are minimal environmental impacts associated with the short term use EOI.

•     Social

The active use of the site will deliver the benefits of the community. The EOI seeks to expand the use of the site to maximise these benefits.

•     Civic Leadership

Council, as Corporate Manager of the Coffs Coast State Park Trust, provide tenures for a range of activities on Trust lands.  Supporting reactivation of the site through intial short term use demonstrates civic leadership.  Testing the site via a long term EOI during the short term tenure period also demonstrates adherence to governance principles.

•     Economic – Broader Economic Implications

The site is currently underutilised and is a cost burden on the Trust.  New activity will reactivate the site and has potential in the short term to generate business and social opportunities that will have positive flow on effects for the local economy.

•     Economic - Delivery Program/Operational Plan Implications

The short term lease fees will allow the Trust to meet the ongoing management costs associated with the site whilst the long term EOI process is undertaken.

Risk Analysis:

CCO Limted has a strong track record at a local level for delivering community services and have substantial systems in place to ameliorate risk.

 

The key risk to the Trust is approval from Crown Lands to the three year tenure.  The risk has been reduced through strong consultation with Crown Lands.  The granting of the tenure assists in reducing the Trust risk with regards to ongoing maintenance of the site.

Consultation:

Consultation has been undertaken with relevant Council officers and Crown Lands in the preparation of the EOI.  Council officers have sought clarification from respondents on their submissions as required.

Related Policy, Precedents and / or Statutory Requirements:

Council, as Corporate Manager of the Coffs Coast State Park Trust, provide tenures for a range of activities on Trust lands.

Implementation Date / Priority:

Lease documentation preparation can commence upon the Trust’s resolution with a commencement date likely from later this year.

Conclusion:

Details of submissions and an intial EOI Assessment are provided to the Trust for further consideration and determination.


T17/17          TRUST REPORT - Lease Renewals at Coffs Harbour Community Village

Author:                        Property Officer Leasing and Licensing

Authoriser:                  Director Business Services

MyCoffs:                      A.1 A vibrant and inclusive place

 Attachments:             ATT1  T17/17      CONFIDENTIAL          Community Village Lease Rentals

Confidential in accordance with Section 10A(2)(d)(ii) of the Local Government Act as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

 

Executive Summary

The Coffs Harbour Community Village is located on Crown Reserve 140058 (being lot 102 DP 1058414) Earl Street, Coffs Harbour.  Coffs Harbour City Council has care control and management of the Reserve in accordance with the provisions of the Crown Lands Act 1989.

 

Leases over the tenures at the Coffs Harbour Community Village have now expired and during the negotiation period with prospective lessees, there have been some changes in community organisations represented and their individual space requirements.

 

Appropriate space requirements by community organisations have been investigated, and an external rental valuation has been undertaken with specific corelation to a reviewed Community Village structure.  Rental has been negotiated in line with this, and approval is now being sought from Council as Corporate Manager of the Coffs Harbour Community Village Reserve Trust (R140058) to enter into new three year leases to secure tenure with all occupants.

 

 

Recommendation:

That Council, as Corporate Manager of the Coffs Harbour Community Village Reserve Trust (R140058):

1.       Agrees to proceed with the negotiated leases for occupancy of premises within the Coffs Harbour Community Village Reserve.

2.       Authorises any necessary documents required to give effect to the leases for premises within Coffs Harbour Community Village Reserve (R140058) to be executed under delegated authority.

 

 

Report

Description of Item:

The Coffs Harbour Community Village is located on Crown Reserve 140058 (being lot 102 DP 1058414) Earl Street, Coffs Harbour.  Coffs Harbour City Council has care control and management of the Reserve in accordance with the provisions of the Crown Lands Act 1989.

 

The overarching objective of the Village has been and remains:

 

“…to provide a facility for residents and visitors that allows total access and integration of all members of the community into its use, and to provide organisations and individuals in Coffs Harbour with a multi-purpose facility for social, cultural and community purposes.”

 

The objective comes from the Management Plan for the Coffs Harbour Community Village which was adopted by Council at its meeting held on 19 December 1995.

 

The introduction states The Coffs Harbour Community Village was established in order to centrally accommodate a variety of community organisations.  The concept is somewhat unique and encourages coordination and sharing of resources.

 

The document includes a Deed of Agreement between The NSW Department of Local Government and the Sponsor Organisation (to be approved) referencing a grant known as ‘The Home and Community Care Program (HACC)’, which was introduced in 1984/85 to provide basic maintenance and support services for frail or at-risk aged and younger disabled people in order to avoid their premature or inappropriate admission to long-term residential care and thereby improve their quality of life.

 

The document further stipulates through the HACC Program that the Commonwealth of Australia and the State of New South Wales and local government Councils of that State have sought to increase the range and availability of domiciliary and other support services available to frail or at-risk aged and younger disabled people, and the carers of those people, through the targeting of expenditures, service planning, priority setting and appropriate accountability.  The grant was to be for no more than two thirds of the cost of providing the approved community facility.

 

The funding agreement provided the source of approximately half of the funds required to construct the Community Village over 20 years ago.  It is submitted that any rights and obligations of the funding agreement have now lapsed by virtue of the passage of time.

 

In its capacity as Corporate Manager of the Reserve Trust, Council has been leasing sections of the Community Village to various community groups.

 

Notwithstanding Council's contribution to construction costs, the original intention of Council's involvement in the operation of the facility was that it would be a cost neutral activity.  That is to say, the net operating costs of the Community Village were to be met entirely by tenants of the Community Village.

 

Leases had previously been currently granted to “not for profit” community service providers on a three year basis with rent set at a nominal rate on the proviso tenants pay a predetermined contribution to the net operating costs of the Community Village.

 

The table below sets out the newly negotiated occupation arrangements at the Community Village as at July 2017.

 

Organisation

Block

1

Volunteering Coffs Harbour Inc.

Office 1 Block A

2

Reception & Community Visitors Scheme

Block A

3

Coffs Coast Meals On Wheels Inc.

Office 3, 4 (Kitchen) & 5 Block A

4

CH Support Services Inc. T/As Chill Out Café

Dining Room  Block A

5

R & R Disability Services

Block B

6

R & R Disability Services

Office 2 & 4 Block C

7

R & R Disability Services

1st Level Residence & Garage Block C

8

Volunteering Coffs Harbour Inc.

Block D

9

Coffs Coast Meals On Wheels Inc.

Office 1 Block C

10

Waratah Respite Centre x 2 agreements

Block D

11

R & R Disability Services

Block E

12

Volunteering Coffs Harbour Inc.

Block F

13

Mid Cst Communities Inc-Groundworks Youth

Block G

14

E. Stevens T/As The Education Centre

Block H

15

Dads in Distress Inc.

Block I

16

Mid Cst Communities Inc-Groundworks Youth

Block J

 

Further details of the lease arrangements are contained within the Confidential Attachment.

Issues:

The Community Village was established to provide a facility for residents, organisations and individuals in Coffs Harbour with a multi purpose facility for social, cultural and community purposes. Tenants whose leases have, or are due to expire, generally seek renewal of their tenure to ensure ongoing funding for the services from both State and Federal Government sources.

 

Should Council require tenants to meet all operating costs there will be a significant increase in current contributions which will potentially impact on the capacity of tenants to continue providing their respective services.

 

Delay in entering into the new leases has resulted from the required steps to be taken and the level of complexity of the negotiations.  These included:

 

·    Approval of the draft template by Crown Lands, which involved some discussion with and reference to internal stakeholders in both Council and Crown Lands;

·    Discussion over approval and format of Trust report with Crown Lands;

·    Native Title assessment across Crown Land generally, then specifically over the Reserve; and

·    Consent to description of lease areas by both LPI and Crown Lands).

 

Additionally, the Trust received notices to vacate for several spaces at lease-end and the expression of interest period to select suitable new tenants for those spaces was required.

Movements of occupants and rearranged tenancy of the spaces needs to be formalised in order to protect all parties including the Trust and minimise exposure to risk. The leases provide the formal recording of negotiated terms and conditions including rental for these tenures.

Options:

1.   Accept the recommendation and resolve to progress with formalising the negotiated lease arrangements protecting all parties’ interests.

2.   Reject the recommendation.  The Trust may then opt to seek further expressions of interest for tenancy of the Community Village.  However, this would represent a risk given the required movements in occupancy in the interim, until new agreements are reached and successively formalised.

Sustainability Assessment:

•     Environment

The recommendations do not give rise to any adverse environmental impacts at the Reserve noting that the complex is largely fully developed and all services are established.

•     Social

Support and management of the Community Village assists in facilitating local communities that are strong, healthy and prosperous, by working with community service orgainisations. Also, Council's ongoing engagement with both State and Federal bodies for the delivery of services at the Community Village works to achieve better service outcomes for Coffs Harbour.

•     Civic Leadership

The MyCoffs Community Strategic Plan highlights the value of Council fostering a sense of community, belonging, and diversity and addressing the causes of disadvantage. In particular, the Community Village supports a number of objectives under the themes A.1 ‘A vibrant, inclusive place’ and A.2 ‘An active, safe and healthy community’.

•     Economic – Broader Economic Implications

Council officers are currently working on a leasing policy for community groups to guide the leasing and licensing of Council owned and controlled land. In the interim the Independent Registered Valuation attended to sourcing specific ‘like’ facilities in an effort to best reflect the rental return Council could expect to achieve from these Community Village’s tenants. The leasing policy, once adopted by Council, will provide the framework for future rental reviews.

 

With the view of reviewing rentals of all lessees and bringing them towards market values appropriate to such a facility, the individual level of each tenant was assessed as to the variation between current and deemed market rental.  Where appropriate the new assessed rent has been applied immediately, and where necessary, a phased-in approach to the new assessed rent has been applied. Also, the negotiated leases do not fully recover the costs of operating and maintaining common areas not occupied by tenants.

 

An appropriate balance has been achieved between the level subsidy and support for community service organisations to ensure the services can continue to be delivered and providing return to the Reserve Trust for the use of the asset.

•     Economic - Delivery Program/Operational Plan Implications

Since its inception, Council has incrementally increased its financial support of the operation of the Community Village. To enable Council's continued support of the Community Village to be effected in a cost effective and affordable manner, there remains a level of support which is budgeted to be $78,139 in the 2017/2018 financial year.

 

The 2017-2021 Delivery Program idenifies the preparation of a Community Village Masterplan in the 2019/2020 financial year. The proposed leases will formalise tenure to cover the interim period and until such time as a new masterplan is adopted detailing the future scope for occupancy.

Risk Analysis:

The proposed lessees are largely funded by State or Federal Government projects/programs, and there are no additional risks associated with the proposed lease rentals.  Lessees have demonstrated an ability to meet obligations and comply with terms and conditions of past lease agreements.  There is no indication Lessees will not continue to meet the terms and conditions of the proposed new lease agreements.

Consultation:

·    NSW Department of Industry – Forestry and Lands

·    Herron Todd White - registered valuer

·    Prospective lessee community organisations

Related Policy, Precedents and / or Statutory Requirements:

The recommendations are in line with general leasing practices and with the Crown Lands Act 1989 in relation to Minster’s consent.

Implementation Date / Priority:

The lease documents will be executed under delegated authority subject to the Trust’s resolution and completion of processing by Department of Industry – Forestry and Lands.

 

The majority of the leases proposed are for three year terms with no option period with a commencement date of 1 July 2016.

Conclusion:

Significant consultation with Department of Industry – Forestry and Lands, has resulted in review of appropriate tenure documents for the specific requirements of the Community Village.

 

After seeking a registered valuation of rental of the facility and further consultation with occupants, the proposed leases have been negotiated with a view to protecting the interests of all parties and securing the appropriate return on the asset. It is now recommended that the lease arrangements proceed to formalise the negotiations.