Coffs Harbour City Council

02 May 2018

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 10 May 2018

 

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

  

Directorate Reports - Business Services

BS18/24          Quarterly Budget Review Statement for March 2018...................... 3

BS18/25          Environmental Levy Grants Program Policy, Guidelines and Panel     3

BS18/26          Hearnes Lake/Sandy Beach Release Area Developer Contributions Plan Review 2018.............................................................................................................. 3

BS18/27          Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan Review 2018................................................................... 3

BS18/28          Release of Easement for Pipeline 5 Metres Wide Affecting Coffs Harbour Public School, Salamander Street, Coffs Harbour..... 3

Notices of Motion Sustainable Communities

NOM18/05      Sustainability Advisory Committee............................................................ 3

Directorate Reports - Sustainable Communities

SC18/19          Expressions of Interest to Provide Specialist Animal Impounding Services................................................................................................................... 3

Directorate Reports - Sustainable Infrastructure

SI18/11           Amendment to Alcohol Free Areas in Woolgoolga CBD for Eat Street Events....................................................................................................................... 3

SI18/12           Contract No. RFT-916-TO - Coffs Harbour CBD Gordon Street Footpath Works........................................................................................................................ 3   


BS18/24       Quarterly Budget Review Statement for March 2018

Author:                         Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1          BS18/24     QBRS Statements for the Quarter ended March 2018  

 

Executive Summary

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

 

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

 

The budget adjustments recommended in this report, together with previously approved budget adjustments by Council, result in a projected budget surplus of $32,250,000 and a reduced deficit of $4,776,000 before capital revenue.  There has been an improvement in the operating result of $490,035 this quarter, the projected budget deficit represents an improved position on what is contained within Council’s Long Term Financial Plan.

 

 

Recommendation:

That Council:

 

1.       Note the Quarterly Budget Review Statement and the following estimated budget position as at 31 March 2018:

2017/18 Original Budget 

2017/18 Revised Budget

2017/18 Projected Budget

2017/18 Mar YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

$94,845

$93,814

$94,124

$93,319

User Charges & Fees

$30,750

$30,641

$30,776

$26,065

Interest & Investment Revenue

$5,140

$5,221

$5,221

$5,097

Other Revenues

$15,171

$15,195

$14,383

$6,480

Grants & Contributions provided for Operating Purposes

$12,620

$10,846

$10,941

$8,183

RECURRENT REVENUE

$158,526

$155,717

$155,445

$139,144

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

$48,718

$48,358

$48,313

$37,508

Borrowing Costs

$10,621

$10,621

$10,621

$6,675

Materials & Contracts

$117,366

$140,215

$145,363

$61,504

Depreciation & Amortisation

$46,170

$38,907

$38,907

$29,200

Other Expenses

$1,667

$12,794

$12,818

$4,935

Less: Capitalised Expenses

(58,482)

(89,912)

(95,801)

(31,557)

RECURRENT EXPENDITURE

$166,060

$160,983

$160,221

$108,265

 

 

 

 

 

NET OPERATING (DEFICIT)/SURPLUS

($7,534)

($5,266)

($4,776)

$30,879

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

$25,793

$34,522

$36,306

$15,134

CAPITAL REVENUE

$25,793

$34,522

$36,306

$15,134

 

 

 

 

 

NET SURPLUS

$18,259

$29,256

$32,250

$46,013

 

2.       Approve the net operating budget adjustments of ($490,035) and the net capital budget adjustments, including transfers to and from reserves, of $274,892.

 

 

Report

Description of Item:

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

 

Following is a list of recommended variations for the Quarter ending 31 March 2018 for the consideration of the Council.  These variations are reflected in the projected budget as presented in the estimated budget position as at 31 March 2018 contained within the recommendation.

 

The end of year financial statements excludes any internal transactions which may be recorded within our financial system so as to truly reflect our financial position.  An example of such a transaction would be where the Council charges itself Rates for a property it owns.  For financial statement preparation, such a transaction would be excluded from the financial statements.

 

 

 

 

 

Recommended variations for month ending 31 March 2018

 

 

 

OPERATING

 

General Operating:

 

Quarterly revision of Financial Support budgets:

 

-      Valuer General valuation fees revised in line with notified actual fee

16,127

-      Ordinary Rates revenue adjusted to end of financial year estimated levy

61,500

-      Asset revaluation fees adjusted to actual costs

(15,000)

-      Pensioner Rebate expense adjusted to anticipated end of financial year actual cost

(59,627)

-      Postponed Rates Abandoned adjusted to anticipated end of financial year actuals

(3,000)

-      Recoverable Rates Legal adjust expense in line with actual costs

50,000

-      Recoverable Rates Legal adjust income in line with actuals

(50,000)

 

 

Revise Building Condition Assessment budget from $120,000 to $190,000 in line with quote received

70,000

Funded from Rigby House Repairs &  Maintenance budget

(70,000)

 

 

Councils contribution to Coffs Harbour Golf Club capital works in conjunction with Golf NSW event

23,582

 

 

Quarterly revision of Organisational Development budgets:

 

-      Staff resources available due to temporary vacancy

(21,314)

-      Provision for job demand analysis, occupational assessment of the physical demands of critical roles for pre staff physicals and return to work positions

35,000

-      Revision of anticipated income to be received from insurers for Council’s Work Health and Safety performance

(47,000)

-      State Cover Mutual Ltd Performance rebate distribution to members

(91,909)

 

 

Reallocate budgets due to Community / Cultural services staff working on Community Venue projects:

 

-      Community Venue projects

30,000

-      Community Venues staff salaries

(30,000)

 

 

Quarterly revision of Jetty Memorial Theatre (JMT) operations in line with trending actuals:

 

-      JMT Operating Expense

1,000

-      JMT Operating Income

(1,000)

 

 

Quarterly revision of Community Venues operations in line with trending actuals:

 

-      Community Venue Operating expense

85,800

-      Community Venue Operating income

(85,800)

 

 

Be Connected: Activation Grant approved:

 

-      Helping older Australians thrive in a digital world

1,500

-      Good Things Foundation grant approved

(1,500)

 

 

Shark Observation project, raise budget in line with approved grant to purchase Blue Ocean portable megaphones (11) and Bushnell binoculars to be located at beaches within the LGA

8,479

Department of Primary Industries grant approved

(8,479)

 

 

2018 NSW Seniors Week, raise budget in line with approved grant

7,000

Department Ageing Disability & Home Care grant approved

(7,000)

 

 

Child Car Seat Safety Checking Day budget in line with approved grant

1,560

Roads & Maritime Services grant approval

(1,560)

 

 

Quarterly revision of Community Planning and Performance budget to distinguish new Aboriginal Awareness Strategy from general salaries:

 

-      New Aboriginal Awareness Strategy Project

34,158

-      Community Planning and Commissioning General

(34,158)

 

 

Seniors Planning is a two year project in the Delivery Program. The majority of the expenditure, including community consultation and graphic design of the strategy will occur in 2018/19. This is to remove the 2017/18 unspent funds.

(23,000)

 

 

Quarterly revision of Local Planning budgets:

 

2015/16 to 2017/18 Orara River Rehabilitation Works, raise budget in line with approved grant variation

45,249

Local Land Services North Coast grant variation approved

(45,249)

Expedite Coffs Harbour Local Growth Management Strategy – Rural Residential Component 2009 (per 8/2/18 Council meeting - resolution SC18/01)

80,000

 

 

Councils contribution towards Golf NSW event

25,000

Seed funding sourced by internal sponsorship, event and marketing provisions

(25,000)

 

 

Regional Roads Block Grant, increase roads maintenance budget in line with approved grant

6,000

Roads & Maritime Services variation to grant approval

(6,000)

 

 

Part of roads maintenance (operating) budget moved to resealing works (capital) to complete highway parking lanes works

(85,000)

 

 

Building Maintenance funds (operating) moved to complete Rigby House External Cladding (capital)

(265,000)

 

 

Reflect approved support for Prosper Coffs Harbour Fundraising Strategy (per 12/10/17 Council meeting Item GM17/23 – resolution 2017/237), portion of Year 2 commitment to occur in 2017/18 financial year

50,000

 

 

Quarterly revision of Governance Services budgets:

 

-      Extended vacancy within staff resources

(35,000)

-      Anticipated annual legal costs revised from $407,460 to $277,460

(130,000)

-      Crown land management and native title revised from $25,000 to $5,000

(20,000)

 

 

Additional part-time Laboratory Technical Assistant position approved by Executive Leadership Team 28/02/18 (prorated to June 30)

11,006

 

 

Revision of Coastal Works (CW) budgets:

 

-      Coastal Works Business Activities projected income

946,600

-      Coastal Works Business Activities projected expenditure

(714,500)

Total General Operating

(286,535)

 

 

CAPITAL

 

General Capital:

 

Round One - Stronger Country Communities Fund grant approved:

 

-      Community Facility Activation Upgrades; Upgrade of D-Block Theatre at CHEC campus, installation of a DCP cinema project at the Jetty Memorial Theatre, audio visual upgrades at Coramba, Woolgoolga, Ulong, Lowanna and Toormina community halls and purchase of a mobile DCP projector to enable pop-up cinema

606,901

-      Refurbishment of Rugby Park Clubhouse; repair leaking roof and replace damaged ceiling panels and carpet, replace the aged stairs servicing the spectator viewing deck, refresh the internal building with new paint and doors and renew the shower and toilet facilities

156,072

-      Missing Links/ 5 Footpath Projects; install footpath and kerb ramps at North Boambee Rd and Harbour Dr between Edinburgh and Hood Sts as well as Market St (South) Woolgoolga, install missing footpath in 1st Ave Sawtell between 11th and 20th Ave, footpath connecting existing cycleway near Coffs Creek at Curacoa St

522,744

 

 

 

 

Middle Creek Flood Study & Floodplain Management Plan review, raise budget in line with approved grant

135,000

Floodplain Management Program, 2:1 grant approved

(90,000)

Councils contribution funded from existing drainage program funds

(45,000)

 

 

Part of roads maintenance (operating) budget moved to resealing works (capital) to complete highway parking lanes works

85,000

 

 

Building Maintenance funds (operating) moved to complete Rigby House External Cladding (capital)

265,000

 

 

Increase 2017/18 Design Acceleration Project (DAP) funding from $700,000 to $840,284 to cover projects that will require more external design

140,284

Reduce road renewals scoping allocation budget in Financial Sustainability area (funded Special Rate Variation) from $140,284 to nil

(140,284)

 

 

Quarterly revision of Developer Contributions (S94) funded works in line with projected / completed costs:

 

-      West Coffs Community Park, majority of design and construction work to be completed in 2018/19. 2017/18 allocation reduced from $50,000 to $4,357

(45,643)

-      Moonee Roads works, removed as works now completed by developers, $170,000 to nil

(170,000)

-      Moonee Cycleways project completed (funding inadvertently not revoted from previous year), nil to $93,543

93,543

-      Ocean Parade, raised boardwalk on eastern side of the road, nil to $115,000

115,000

-      Missing footpath section on Ocean Parade/ Arthur St to Park Beach Rd, nil to $17,500

17,500

-      West Coffs Playground, bringing forward part of 2018/19 construction works to 2017/18, nil to $245,000

245,000

-      William Sharpe Drive Bridge works, widen road and replace small culvert with a bridge, $10,000 to $1,239,000

1,229,000

-      Remove duplicated project for West Coffs Cycleway works. The Loaders Lane to District Park cycleway project remains in the 2017/18 budget.

(150,000)

 

 

RMS fully grant funded Safer Roads projects:

 

Fatal Crash Initiatives program - Eastbank Rd Coramba improvement works.

28,474

St Augustines School Crossing relocation, install pedestrian fencing & centre median.

50,000

 

 

Quarterly revision of Bridge allocations in line with projected costs:

 

-      Bridge Forward Planning, revise from $301,905 to $73,692

(228,213)

-      Major Bridge Repairs, revise from $25,602 to $30,240

4,638

-      Taylors Bridge, revise from $91,563 to $89,294

(2,269)

-      Schooners Bridge, revise from $49,010 to $165,731

116,721

-      Melaleuca Foot Bridge, revise from $110,000 to $300,000

190,000

-      Moleton #3 Bridge, revise from $110,500 to $112,000

1,500

-      Wedds Bridge, revise from $150,000 to $121,345

(28,655)

-      Williams Seccombes Bridge, revise from $289,122 to $65,225

(223,897)

-      Bardens Bridge, revise from $430,000 to $455,000

25,000

-      Morrows Bridge, revise from nil to $30,000

30,000

 

 

Quarterly revision of Flood Mitigation Works in line with actuals, funded flood mitigation reserve:

 

-      20 to 22 Turpentine Ave, Sandy Beach

168,727

-      4 Beach / 5 Hasting St, Woolgoolga

127,706

 

 

Improved access and canoe launch for disabled at Coffs Creek, raise budget in line with approved NSW Boating Now grant

150,000

 

 

Saltwater Park adaptive canoe launch and fishing pontoon, raise budget in line with approved Recreational Fishing Trust grant

72,000

 

 

Revision of Fiddaman Road Upgrade budget to reflect the Council report adopted 8/2/18 – SI18/03:

 

-      Increased Fiddamans Rd Upgrade budget (roads component)

1,472,732

Partially funded by:

 

 

-      Reimbursement of fill costs

(25,000)

-      Resident kerb and gutter contributions $176,000

 

-      Resident driveway contributions $21,700

 

-      Road asset renewal contribution $127,000

 

-      Stormwater asset renewal contribution $357,000

 

-      Water asset renewal contribution $191,000

 

-      Revised other asset renewal program to identify savings towards shortfall, being:

(124,000)

·   Guardrail new / upgrade works revise from $113,300 to $113,000 - $300 surplus

·   Footpaths & Cycleways new / upgrade works revise from $154,500 to nil - $154,500 surplus

·   Pavement investigations revise from nil to $19,536 - $19536 deficit to finalise project

·   Reid Dr road renewal revise from nil to $21,718 - $21,718  deficit to finalise project

·   Stadium Dr retaining wall revise from nil to $6,083 - $6,083 deficit to finalise project

·   Harbour Dr road renewal revise from nil to $872 - $872 deficit to finalise project

·   Pullen St road renewal revise from $58,897 to $39,534 - $19,363 surplus to finalise project

·   Hubbard St road renewal revise from nil to $570 - $570 deficit to finalise project

·   River St road renewal revise from nil to $1,384 - $1,384 deficit to finalise project

 

-      Revised roads renewal program to identify savings towards shortfall, being:

(176,140)

·   MR 151 Coramba Rd, Robin St to Shepherds Lane road renewal, revise from $131,000 to $482,767 in line with final costs - $351,767 deficit

·   Sealed Road Reseals / flush seals - $393,576 surplus

·   Sealed Road Reseals / ashphalt - $34,331 surplus

·   Sealed Road Reseals / ashphalt roundabouts - $100,000 surplus

 

Unfunded residual variations: Per report $416,032 less $124,000 and $176,140 savings identified above = $115,892

 

Unfunded under-recovery: Per report = $159,000

 

 

 

-      Increased Fiddamans Rd Upgrade budget (drainage component), funded by flood mitigation unexpended loans

241,000

 

 

Civic and Cultural Space additional funding to complete concept design phase

100,000

Reallocation of Design Acceleration Program (DAP) funds to the Civic and Cultural concept design

(100,000)

 

 

Recoupment of prior expenditure from the Woolgoolga Town Centre Car Parking Developer Contributions (S94) Plan per Ordinary meeting 26/4/18 – BS18/22

 

Woolgoolga Beach Reserve improvement project

Woolgoolga Town Centre masterplan implementation

538,967

 

 

Total General Capital

5,379,408

 

 

GENERAL SUMMARY

 

Operating

(286,535)

Capital

5,379,408

 

 


WATER

 

Water Operating:

 

Revision of projected water access charges income:

 

-      Water Access Charge (Residential), adjust income in line with actuals

(20,000)

-      Water Access Charge (Non Residential), adjust income in line with actuals

(8,000)

Total Water Operating

(28,000)

 

 

 

 

Water Capital:

 

Revision of Headwork’s allocation from $17,000 to $5,000 as no further projects identified in 2017/18

(12,000)

Revision of Water Plant Assets allocation from $76,000 to $6,000 as no current project identified in 2017/18

(70,000)

Revision of Minor Works from $22,500 to $10,000 as only one project identified in 2017/18

(12,500)

-      Water Telemetry Program (WTP), revise from $53,000 to $3,000 works have been moved to 2018/19

(50,000)

Revision of Nana Glen Water Treatment Plant allocation from $135,000 to $2,000, adjusted in line with expected timing of works commencing 2018/19 

(133,000)

 

 

Revision of Water Mains renewals allocations:

 

-      Water mains renewals general, revise these unallocated from $51,626 to $10,626 to reallocate across below mains renewal revisions

(41,000)

-      Coramba Rd, Spagnolos to Nelson St, revise from $585,000 to $600,000 to finalise works

15,000

-      West High St, Moonee St to Lyster St, revise from $175,000 to $210,000, to finalise works

35,000

-      Earl St water main renewal from Albany St to Brelsford Park , revise from $nil to $70,374, project brought forward in-line with the grand stand demolition

70,374

-      Featherstone Dr mains protection, revise from $5,000 to $45,000. Design this year, construction brought forward to also commence 2017/18

40,000

-      Pitt St water main renewal, revise from $100,000 to $115,000, adjusted in line with final costs

15,000

-      Reid Dr, Feran Cr to Cornish St, revise from $160,000 to $151,000, adjusted in line with final costs

(9,000)

-      Poundyard Creek, revise from $150,000 to $145,000, adjusted in line with final costs

(5,000)

-      Diamond Head Drive, revise from $230,000 to $306,000, adjusted in line with estimated costs

76,000

-      Taloumbi Rd, Bray St to Nioka Place, revise from $500,000 to $450,000, adjusted in line with final costs

(50,000)

-      Pacific Highway Water Main Crossing Renewal – Midway Motel, revise from $28,000 to $60,500, adjusted in line with estimated costs

32,500

 

 

Revision of Water Reservoirs allocations:

 

-      Macauleys reservoir roof refurbishment, revise from $375,000 to $440,000 to cover final contract variation costs

65,000

-      Red Hill balance tank refurbishment, revise from $385,000 to $425,000, to cover expected contract variations

40,000

-      Toormina reservoir inlet modification, revise from $115,000 to $175,000, adjusted to cover additional switchboard and final costs

60,000

-      Toormina reservoir refurbishment, revise from $490,000 to $550,000, to cover expected contract variations

60,000

 

 

Revision of Water Mains Extension allocations:

 

-      Roselands Drive, revise from $29,000 to $15,000, adjusted in line with final costs

(14,000)

-      Water Mains Extensions (Unallocated), revise from $31,000 to nil, no further projects for  2017/18, allocate funds to water main renewals

(31,000)

-      Melaleuca Ave to Lake Rd, revise from $90,000 to $5,000, for works that will be designed and constructed in 2018/19

(85,000)

 

 

Revision of S64 & Water Supply Strategy allocations:

 

-      300diam Water Main Sullivans Rd, revise from $112,000 to $135,000, adjusted in line with final costs

23,000

-      William Sharpe Dr, revise from $80,000 to $57,000, adjusted in line with expected timing of works commencing 2017/18 and completion in 2018/19

(23,000)

 

 

Revision of Water Telemetry & Monitoring allocations:

 

-      Nana Glen WTP, revise from $150,000 to $5,000 works have been moved to 2018/19

(145,000)

-      Flowmeter Renewal Program, revise from $70,000 to $5,000 works have been moved to 2018/19

(65,000)

-      Mullaway Booster Water PS, revise from nil to $85,000, project brought forward as works identified within flowmeter renewal program

85,000

-      Sawtell Reservoir 100diam, revise from nil to $50,000, project brought forward as works identified within flowmeter renewal program

50,000

-      Sawtell Reservoir 150diam, revise from nil to $125,000, project brought forward as works identified within flowmeter renewal program

125,000

 

 

Total Water Capital

46,374

 

 

WATER SUMMARY

 

Operating

(28,000)

Capital

46,374

 

 

SEWER

 

Sewer Operating:

 

Revision of projected sewer access charges and pensioner rebate income:

 

-      Pensioner Rebate Sewer expense adjusted to anticipated end of financial year actual cost

(13,000)

-      Sewer Access Charge (Residential) adjust income in line with actuals

(160,000)

-      Sewer Access Charge (Non Residential) adjust income in line with actuals

(8,000)

-      Trade Waste Annual Charge adjust income in line with actuals

5,500

 

 

Sewer assets  data collection programs

78,700

Funded by CCTV inspection & condition assessment of sewer System

(78,700)

 

 

Total Sewer Operating

(175,500)

 

 

Sewer Capital:

 

Revision of Pumps, Mechanical Equipment and Rising Mains allocations:

 

-      Sewer Pump Station (SPS) Howard St, revise from $180,000 to $140,000, switchboard does not require renewal

(40,000)

-      SPS Joyce St Pump Station, revise from $160,000 to $210,000, initial works were for overflow storage now expanded to include valve pit and switchboard upgrade

50,000

-      SPS Barcoo Crt Switchboard, revise from $15,000 to nil, completed last financial year

(15,000)

-      SPS Thompsons Rd Upgrade, revise from $220,000 to $175,000, adjusted in line with projected costs

(45,000)

-      SPS Beach St Woolgoolga, revise from $55,000 to nil, scope of works downgraded due to modelling and systems analysis

(55,000)

-      SPS Links Ave Odour Control, revise from $30,000 to $10,000, scope of works downgraded

(20,000)

-      SPS Charlesworth Bay, revise from $80,000 to $100,000, adjusted in line with projected costs

20,000

-      SPS Koala Pl, revise from $10,000 to $110,000, adjusted in line with estimated costs

100,000

-      SPS Gundagai St, revise from $40,000 to $5,000, adjusted in line with expected timing of works; design 2017/18 and program works 2018/19

(35,000)

-      SPS Vincent St, revise from $15,000 to $25,000, adjusted in line with actual completed costs

10,000

-      SPS The Boulevarde, revise from $80,000 to $75,000, adjusted in line with estimated costs

(5,000)

-      SPS Joyce St Pipe inlet upgrade, revise from $0 to $35,000, adjusted in line with emergency works to mitigate sewer spill

35,000

 

 

Revision of Sewer Mains allocations:

 

-      Sewer Mains (unallocated), revise from $20,000 to $35,000, adjusted in line  with miscellaneous works actual costs

15,000

-      Gundagai St sewer reticulation upgrade, revise from $20,000 to $5,000, adjusted in line with expected timing of works; design 2017/18 and program works 2018/19

(15,000)

-      James Ide Cl upgrade sewer main inlet, revise from $80,000 to $106,000, adjusted in line with estimated costs

26,000

-      Minorie Dr sewer reticulation upgrade, revise from $200,000 to $5,000, adjusted in line with expected timing of works; design 2017/18 and program works 2018/19

(195,000)

-      Sand St sewer main renewal, revise from $190,000 to $504,000 due to necessary diversion of sewer main

314,000

-      Marlin Close sewer main renewal, revise from $210,000 to $15,000 adjusted in line with expected timing of works; design 2017/18 and program works 2018/19

(195,000)

-      O’Neil St sewer creek crossing, revise from $40,000 to $70,000, adjusted in line with revised estimate

30,000

-      Calala Cl sewer creek crossing, revise from $40,000 to $60,000, adjusted in line with revised estimate

20,000

 

 

Revision of Sewer Rising Mains allocations:

 

-      Lyons Rd renew creek crossing, revise from $20,000 to $65,000 adjusted in line with estimated costs

45,000

-      Jetty Foreshores, revise from $220,000 to $10,000, adjusted in line with expected timing of works; design 2017/18 and program works 2018/19

(210,000)

-      Re-Route SRM Christmas Bells Rd, revise from $45,000 to $110,000 adjusted in line with estimated costs

65,000

Net sewer variations transferred to unexpended loan $100,000

 

 

 

Total Sewer Capital

(100,000)

 

 

Sewer Summary

 

Operating

(175,500)

Capital

(100,000)

 

 

Consolidated Summary

 

Operating

(490,035)

Capital

5,325,782

 

 

Variations recommended to impact reserves:

 

Operating improvement recommended to be transferred to/from Reserves:

 

Interest free loan transferred from the Strategic Initiatives Reserve

(50,000)

Transfer to Strategic Initiatives Reserve

91,909

Transfer from Coastal Works reserve

(232,100)

 

 

Funding of recommended variations:

 

Capital:

 

Net transfers from S94 reserve

(1,334,400)

Recoupment of prior expenditure from the Woolgoolga Town Centre Car Parking Developer Contributions (S94) Plan per Ordinary meeting 26/4/18 – BS18/22

(538,967)

Capital Contributions to Fiddamans Rd

(197,700)

Internal Capital Contributions to Fiddamans Rd

(675,000)

Flood mitigation unexpended loans funding for Fiddamans Rd

(241,000)

Grant approvals as notified by funding authority

(1,471,016)

Contribution from Flood Mitigation reserve

(296,433)

Transfer from water reserves (unexpended loans)

(46,374)

Transfer to sewer reserves (unexpended loans)

100,000

Transfer of funding from operating to capital

(350,000)

Capital works (funding source - cash)

(274,892)

 

(5,325,782)

 

Issues:

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

Options:

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

 

1.    Adopt the recommendation provided to Council.

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

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

Sustainability Assessment:

•      Environment

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

•      Social

There are no perceived short or long term social impacts.

•      Civic Leadership

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

•      Economic – Broader Economic Implications

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

•      Economic – Delivery Program/Operational Plan Implications

The original adopted budget for 2017/18 provided a surplus of $18,259,000 and a deficit of $7,534,000 before capital revenue.  The budget adjustments recommended in this report, together with previously approved budget adjustments by Council, result in a projected budget surplus of $32,250,000 and a reduced deficit of $4,776,000 before capital revenue.  There has been an improvement in the operating result of $490,035 this quarter, the projected budget deficit still represents an improved position on what is contained within Council’s Long Term Financial Plan.

Risk Analysis:

Not applicable.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

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

Conclusion:

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

 

 


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BS18/25       Environmental Levy Grants Program Policy, Guidelines and Panel

Author:                        Director Business Services

Authoriser:                  Director Business Services

MyCoffs:                      C.2 A natural environment sustained for the future

Attachments:              ATT1  BS18/25   Environmental Levy Policy

ATT2  BS18/25   CONFIDENTIAL          Environmental Levy Draft Policy Submissions

Confidential in accordance with Section 10A(2)(e) of the Local Government Act as it contains information that would, if disclosed, prejudice the maintenance of law.

ATT3  BS18/25   2018-2019 Environmental Levy Grants Program Guidelines

ATT4  BS18/25   CONFIDENTIAL          Community Members Selection Summary   

 

Executive Summary

A new Environmental Levy (EL) Policy was presented to Council for consideration at its meeting on 8 March 2018 and the policy was placed on exhibition from 19 March 2018 until 9 April 2018 (22 days).  The purpose of this policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program.

 

As an outcome of the submissions some changes have been made to the policy, primarily by adding definitions and expanding wording to provide further explanation.  Also, the policy review date has been brought forward to 1 July 2019 to allow an early review to make any improvements based on the first year of operation.

 

Operational guidelines for the Environmental Levy Grants Program (ELGP) have also been prepared which are broadly consistent with the previous EL documentation.

 

The EL Policy post-exhibition, associated guidelines and Environmental Levy Grants Program Panel membership recommendations are now presented to Council for approval.

 

 

Recommendation:

That Council:

1.   Adopt the new Environmental Levy Policy and associated guidelines.

2.   Appoint Simon Abbott and Jonathan Cassell as community members to the Environmental Levy Grants Program Panel and advise all applicants of Council’s resolution.

3.   Appoint Councillor ________________ to the Environmental Levy Grants Program Panel.

 

 

Report

Description of Item:

At its meeting on 7 December 2017, Council resolved in part to note that officers would draft a new Environmental Levy (EL) Policy and guidelines in accordance with Council’s decisions in relation to the Environmental Levy Program Review.

 

A new EL Policy was presented to Council for consideration at its meeting on 8 March 2018 and the policy was placed on exhibition from 19 March 2018 until 9 April 2018 (22 days).  The purpose of this policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program.

 

Operational guidelines for the Environmental Levy Grants Program (ELGP) have also been prepared which are broadly consistent with the previous EL documentation.  Improvements made from the previous documentation include:

 

·    Consolidation of previous EL documentation

·    Improved consistency with guidelines for other Council grant programs

·    Specification of a minimum grant of $2,000 with grants from $2,000 - $5,000 now eligible for unincorporated applicants

·    Maximum grant specified of $25,000 per application

 

It should be noted that the assessment criteria and equal weightings have not been changed at this time as there has been no clear indication from Council or stakeholders what alternative weighting should be applied.  It is suggested that this be re-assessed following the first year of operation of the ELGP and further consultation.

 

To facilitate the ELGP for 2018/19 commencing as soon as possible, applications were invited by public notice on 17 March 2018 for the two community member positions on the ELGP Panel.  Four applications were received by the due date of 6 April 2018 and a selection process was undertaken.  The selection process is outlined within confidential attachment 4 to this report.  The two applicants are recommended for appointment as community members are:

 

·    Simon Abbott; and

·    Jonathan Cassell

 

A Councillor is also required to be appointed by Council.

 

An appropriate staff member will be authorised by the General Manager to be part of the panel.  Following further consideration and consistent with staff membership on committees, it is recommended that the staff member be a non-voting member of the panel.  This is now reflected in the EL Policy.

 

Council officers are working to identify an appropriate interagency person to complete the panel membership.

 

The EL Policy post-exhibition (Attachment 1), associated guidelines (Attachment 3) and Environmental Levy Grants Program Panel membership recommendations are now presented to Council for approval.

Issues:

Six submissions were received during the EL Policy’s public exhibition period (refer Confidential Attachment 2).  The matters raised and the officers’ responses are included below.

 

Matter Raised

Response

Policy Change

Method of inclusion in Delivery Program and Operational Plan not outlined

Funding for Delivery Program and Operational Plan initiatives will be by the current process; that is, based on recommendations to Council. For 2018/19 this will be through a separate report to Council, due to the current timing.

No

ELGP pool to be quarantined if not allocated or spent within a year

Supported and made explicit in the policy.

Yes

Inclusion of on-ground monitoring and review of projects to be included

Included in the policy under 2.5 and as part of the acquittal process in the guidelines.

Yes

Appropriate definition of ‘credentialed’ to be included in terms of skills and experience

Definition added to the policy.

Yes

Heavy weighting of funding towards Council as opposed to community groups

Allocation split between the two pools based on an historic analysis. The community based ELGP also now excludes Council based projects to provide an increased funding opportunity for community groups.

No

Council commitment required for Bush Regeneration Team

The inclusion of Council’s Bush Regeneration Program in the major pool provides longer term commitment through the Delivery Program.

No

Policy does not include procedures, process and guidelines

The policy purposefully does not include operational matters covered in procedures or guidelines. However, the guidelines are now provided per Council’s previous resolution.

No

Support ELGP grants for unincorporated bodies

The guidelines provide for unincorporated bodies to access ELGP grants from $2,000 to $5,000.

No

Retention of unspent funds for emergency or disaster purposes for Orara Rivercare

To be considered further as part of Council’s allocation of funds in the major pool to Orara Rivercare.

No

Further definition of funding categories

Expanded wording added to the policy.

Yes

Information on Water Fund allocation

The policy relates to Environmental Levy funding and not to other Council funding sources; however, it is recommended that Water Fund contributions continue at an appropriate level for relevant initiatives.  This will be captured in the separate report to Council on major project funding through the Delivery Program.

No

Define that the EL does not fund Council core business activities

The policy provides the scope of projects and initiatives recommended for funding which is considered appropriate based on the recent EL Program Review.

No

Policy lacks detail around terminology, criteria and guidelines

Further explanations and definitions included in the policy. The assessment criteria are specified in the guidelines, which are attached to this report.

Yes

Further review after first year of operation to assess and adjust as required

Policy review date brought forward to 1 July 2019 to facilitate an early review.

Yes

Use the terms ‘long term’ and ‘short term’ rather than ‘major’ and ‘minor’ to more accurately reflect the review report and Council’s resolution

The term ‘major’ does not necessarily relate to size but also to strategic importance. The explanation under ‘Major Strategic Programs and Projects’ now refers to long term with a definition added to the policy.

Yes

Explicit inclusion for strategies and resourcing plans to underpin long term projects

Included in the explanation of ‘Major Strategic Programs and Projects’ in the policy.

Yes

Inclusion of monitoring and reporting of objectives/KPIs

Included in the policy under 2.5 and as part of the acquittal process in the guidelines.

Yes

Expand Council partnering to include research institutions and other government bodies

Expanded wording added to the policy.

Yes

Relative size of ELGP pool and security of Jetty Dunecare funding

Size of the ELGP pool based on an historic analysis. The community based ELGP also now excludes Council based projects to provide an increased funding opportunity for community groups.

No

 

As an outcome of the submissions some changes have been made to the policy, primarily by adding definitions and expanding wording to provide further explanation.  Also, the policy review date has been brought forward to 1 July 2019 to allow an early review to make any improvements based on the first year of operation.

 

The EL Policy captures the main recommendations from the Environmental Levy Program Review Action Plan consistent with Council’s resolved position from 7 December 2017.  There are five remaining action plan items which will be addressed subsequent to this report and are summarised below.

 

Action Plan Item

Council’s Resolved Position

Status Comment

1.2

Weight each of the assessment criteria giving emphasis to the fit with Council’s adopted plans and strategies and the level of community involvement.

Adopted in principle

No specific weighting has been included in the current ELGP Guidelines. This will be re-assessed as part of the review after the first year of operation of the ELGP.

1.3

Ensure that committee members are aware of Council’s relevant plans and strategies prior to the assessment of applications for funding.

Adopted

To be included as part of the induction for ELGP panel members.

1.4

Introduce additional actions and tactics to inform and engage the community to ensure that the EL funds are expended fulfilling the community’s aspirations and expectations.

Adopted

Upgrade of website page and increased external communications on EL funded projects and initiatives will occur as part of the launch of the 2018/19 program.

2.6

Modify the assessment criteria to incorporate a weighting, giving emphasis to whether the project has attracted, or will attract, additional funding from sources other than the EL.

Adopted in principle

No specific weighting has been included in the current ELGP Guidelines. This will be re-assessed as part of the review after the first year of operation of the ELGP.

3.3

Require Voluntary Conservation Agreements to protect community investment on private land

Adopted in principle

Further investigation required, particularly given recent legislative changes relating to biodiversity.  It is not proposed to action this item at this time but may be included in future years.

 

Options:

The following options are available to Council:

 

1.    Adopt the Environmental Levy Policy and guidelines.  This allows for the implementation of 2018/19 Environmental Levy Program to commence.

2.    Amend the Environmental Levy Policy and guidelines.  Depending on the nature of the changes, there may be some impact on the timing of the implementation of the 2018/19 Environmental Levy Program.

3.    Reject the Environmental Levy Policy and guidelines.  This will postpone any further action on the implementation of the 2018/19 Environmental Levy Program.

Sustainability Assessment:

•     Environment

The Environmental Levy funds a combination of major Council projects and initiatives and community projects, which collectively deliver on the environmental objectives in the MyCoffs Community Strategic Plan.

•     Social

The EL Policy and provides support for community organisations through a dedicated environmental grants pool as well as partnership opportunities in relation to Council supported initiatives.  This will assist in building community capacity, involvement and ownership of projects, and promote improved environmental outcomes.

•     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.

 

Strengthening the program’s links to Council’s Integrated Planning and Reporting Framework will demonstrates Council’s leadership by ensuring the EL Program more closely aligns to broader community expectations.

•     Economic – Broader Economic Implications

The EL Program funds environmental projects that would not otherwise be undertaken with revenue funding.

•     Economic - Delivery Program/Operational Plan Implications

Under the EL Policy, the allocation of funds to major Council initiatives and to the Environmental Levy Grants Program has been calculated from an analysis of past allocations. The analysis supports a 75%/25% split between these funding pools.

 

The funding of two community organisations, Orara Rivercare and Landcare, has also been included as Council supported major initiatives and each organisation will be invited to provide a proposal on environmental works to be undertaken for the remaining three years of the current Delivery Program.  These will be provided to Council for consideration as part of a separate report to allocate the major Council initiatives pool funds.

 

The Environmental Levy is estimated to raise $1.326 million in 2018-19 and will therefore provide around $330,000 for the community based Environmental Levy Grants Program.  The estimated Environmental Levy revenue is included in Council’s draft Operational Plan for 2018-19.

Risk Analysis:

Strengthening the program’s links to Council’s Integrated Planning and Reporting Framework will ensure the EL Program more closely aligns to broader community expectations.  This approach also provides increased transparency to the program.

Consultation:

The new EL policy articulates key points of Council’s resolved position following the EL Program Review process, which was carried out through much of 2017.  The review process included significant consultation with stakeholders, including interviews with members of the committee, Council officers and several grant applicants/recipients, workshops with Council and the committee, and opportunities for feedback.

 

The policy was placed on public exhibition for the period 19 March 2018 to 9 April 2018 (22 days) and six submissions were received (refer Confidential Attachment 2).  The matters raised in the submissions and responses are detailed in the Issues Section of the report.

Related Policy, Precedents and / or Statutory Requirements:

This is detailed within the policy as required.

Implementation Date / Priority:

The Environmental Levy Program for 2018-19 will be actioned immediately upon Council’s adoption of the new EL Policy and guidelines.

 

A review of the effectiveness of the program based on the first year’s operation will also be undertaken so that improvements may be made for future years.  This is reflected in the policy’s review date.

Conclusion:

The EL Policy post-exhibition, associated guidelines and Environmental Levy Grants Program Panel membership recommendations are now presented to Council for approval.

 

 


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BS18/26       Hearnes Lake/Sandy Beach Release Area Developer Contributions Plan Review 2018

Author:                        Grant Administration Officer

Authoriser:                  Director Business Services

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  BS18/26   Hearnes Lake/Sandy Beach Developer Contributions Plan 2018

ATT2  BS18/26   CONFIDENTIAL          Submission

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

 

Executive Summary

The objective of the report is to obtain Council approval to adopt the Hearnes Lake/Sandy Beach Developer Contributions Plan Review 2018.

 

The Plan has been on public exhibition for a period of 28 days with one submission being received by Council during this period.

 

It is recommended that the Hearnes Lake/Sandy Beach Developer Contributions Plan be adopted by Council and that the person(s) who made a submission be advised of the outcome.

 

 

Recommendation:

That Council:

1.       Adopts the attached Hearnes Lake / Sandy Beach Developer Contributions Plan 2018 (attachment 1); and

2.       Writes to those person(s) who made a submission advising them of the outcome.

 

 

Report

Description of Item:

A review has been conducted on the Hearnes Lake / Sandy Beach Developer Contributions Plan.  The Developer Contribution Plan was provided to Council on 22 March 2018, where it was resolved to place on public exhibition, with submissions invited for a period of 28 days.

 

The Plan was advertised for public exhibition, from 28 March to 25 April 2018. During this period one submission was received. The submission is attached as a confidential attachment. However it is noted that the submission was not directly related to Developer Contributions, but was more a general comment regarding development and environmental concerns in the Hearnes Lake area.

Issues:

Development has progressed in accordance with this plan; that is, specific works have been completed within the existing schedule of works.  Therefore, it is necessary for the plan to be reviewed and amended to ensure financial viability and to also ensure it meets the future development needs of the urban release area.

Options:

In considering this report Council has the following options:

 

1.    Accept the recommendation of this report and adopt the Hearnes Lake / Sandy Beach Developer Contribution Plan review.

 

2.    Detail any proposed amendments to the Hearnes Lake/ Sandy Beach Developer Contribution Plan review.

 

3.    Reject the recommendations of this report and retain the current Hearnes Lake / Sandy Beach Developer Contribution Plan.

 

Option 1 is recommended to ensure the plan is aligned and reflects current infrastructure provisions for this release area.

Sustainability Assessment:

•     Environment

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

•     Social

The completion of the works included in the developer contributions plan will have a positive effect on the future population of the release areas through improved provision of infrastructure for use by the residents.

•     Civic Leadership

The revised costs included in the Developer Contributions Plan more accurately reflect the estimated costs of providing infrastructure required for use by the future population of Hearnes Lake/Sandy Beach area.  This exhibits sound management practices and ensures infrastructure is provided in line with the intentions and requirements of Part 7.11 of the Environmental Planning and Assessment Act 1979.

•     Economic – Broader Economic Implications

The Developer Contribution Plans provide a mechanism for the collection of funds to enable the provision of infrastructure required as a result of development.  Future maintenance will ensue from the provision of the facilities, however funding for this is generally derived from increased general revenue resulting from additional urban development.

•     Economic - Delivery Program/Operational Plan Implications

There are no immediate Delivery Program/Operational Plan implications associated with this report.

Risk Analysis:

The Developer Contributions Plan includes work schedules that are dependent upon future contribution income streams/developments.  The plan is based on cost estimates of proposed works that may require adjustment as final costings are prepared prior to commencement.  However, significant effort has been directed towards a lengthy process of costing the projects included in the works schedule to minimise the risk of cost variances.

 

Should the Developer Contributions Plan not be progressed then Council may be open to challenge as a result of contribution levels not being aligned with funding for infrastructure included in the contributions plan.

Consultation:

Relevant Council staff have been consulted and have provided the necessary information to progress the review of the Hearnes Lake/Sandy Beach Contributions Plan. Specialist consultants were engaged as part of the Developer Contributions working group to provide the necessary information to enable determination of the level of works required.

 

The plan was placed on public exhibition for a period of 28 days with one submission being received.

Related Policy, Precedents and / or Statutory Requirements:

Since the Hearnes Lake / Sandy Beach Developer Contributions Plan was placed on public exhibition, a change to the term Section 94 has been initiated, under the revised Environmental Planning and Assessment Act 1979. The term Section 94 or S94 has been replaced with the term Part 7.11. Any previous reference to Section 94 or s94 in this paper or the attached document has been amended to reflect this recent change.

 

Part 7.11 of the Environmental Planning and Assessment Act 1979 makes provision for Council to impose a condition of consent requiring a monetary contribution towards the provision of amenities and services that are required as a result of development.

 

Section 31 of the Environmental Planning and Assessment Regulation 2000 states:

 

Approval of Contributions Plan by Council;

 

1.    After considering any submissions about the draft contributions plan that have been duly made, the council:

 

a)   may approve the plan in the form in which it was publicly exhibited, or

b)   may approve the plan with such alterations as the council thinks fit, or

c)   may decide not to proceed with the plan.

 

2.    The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.

 

3.    Notice of a decision not to proceed with a contributions plan must include the council’s reasons for the decision.

 

4.    A contributions plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Implementation Date / Priority:

The reviewed Developer Contributions Plan will be made available to the public, within 28 days after the decision to adopt is made.

Conclusion:

It is now recommended that the Hearnes Lake/Sandy Beach Developer Contributions Plan 2018 be adopted to ensure that contributions reflect the true cost of the infrastructure to be funded under the Developer Contributions Plan.

 

 

 


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BS18/27       Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan Review 2018

Author:                        Grant Administration Officer

Authoriser:                  Director Business Services

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  BS18/27   West Woolgoolga DCP G14 and Map for Proposed Amendments

ATT2  BS18/27   West Woolgoolga Developer Contributions Plan 2018  

 

Executive Summary

The objective of the report is to obtain Council approval to adopt the draft Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan 2018.

 

The plans were placed on public exhibition for a period of 28 days with no submissions received.

 

It is now recommended that the Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan 2018 be adopted by Council.

 

 

Recommendation:

That Council adopts the attached Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan 2018.

 

 

Report

Description of Item:

A review has been conducted on the Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan.  The Plans were provided to Council on 22 March 2018 where it was resolved to place them on public exhibition, with submissions invited for a period of 28 days.

 

The Plans were advertised for public exhibition from 28 March to 25 April 2018. During this period no submissions were received.

Issues:

Chapter G14 of Coffs Harbour Development Control Plan 2015

 

-      Removal of the Collector Road - The collector road is no longer necessary or feasible within the release area.  The expected population is not sufficient to warrant the need for a collector road.  There are two property owners and each have direct access to their proposed development sites via either McIntosh Road or Newmans Road.

-      Moving the Neighbourhood Playground - The neighbourhood park has been moved following negotiations as part of an approved development.  The intended new site means the playground will be more centrally located with improved accessibility for a greater number of residences.  It will form a stopping point on the proposed cycleway and is in close proximity to the proposed pedestrian/cycleway bridge.

 

West Woolgoolga Developer Contributions Plan

 

-      The upgrade of the Pacific Highway has resulted in it no longer passing through parts of the Woolgoolga Town Centre area.  This has resulted in a need to review the level of proposed works required at the Newmans Road/Solitary Islands Way intersection, which is the major access point for the majority of the release area.  A traffic study commissioned has indicated that upgrade works are required with the preferred option being the re-alignment of the eastern section of Newmans Road and the installation of traffic signals at the intersection with Solitary Islands Way.

-      The plan review has resulted in the release area being divided into two precincts for the purposes of contributions towards road and intersection upgrades.  The intersection upgrade works and the upgrade of Newmans Road provide a benefit to Precinct 1 only and accordingly contributions are to be levied on this precinct.

Options:

In considering this report Council has the following options:

 

1.    Accept the recommendation of this report and proceed to adopt the Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and the West Woolgoolga Developer Contribution Plan review.

2.    Detail any proposed amendments to the Coffs Harbour DCP Amendment 7 (West Woolgoolga Chapter G14) and/or the West Woolgoolga Developer Contribution Plan review.

3.    Reject the recommendations of this report and retain the current Chapter G14 of Coffs Harbour DCP 2015 and/or the West Woolgoolga Developer Contribution Plan.

 

Option 1 is recommended to ensure the plans are aligned and reflect current infrastructure provisions for this release area.

Sustainability Assessment:

•     Environment

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

•     Social

The completion of the works included in the developer contributions plan will have a positive effect on the future population of the release areas through improved provision of infrastructure for use by the residents.

•     Civic Leadership

The revised costs included in the Contributions Plan more accurately reflect the estimated costs of providing infrastructure required for use by the future population of West Woolgoolga.  This exhibits sound management practices and ensures infrastructure is provided in line with the intentions and requirements of Part 7.11 of the Environmental Planning and Assessment Act 1979.

•     Economic – Broader Economic Implications

The Contribution Plans provide a mechanism for the collection of funds to enable the provision of infrastructure required as a result of development.  Future maintenance will ensue from the provision of the facilities, however funding for this is generally derived from increased general revenue resulting from additional urban development.

•     Economic - Delivery Program/Operational Plan Implications

There are no immediate Delivery Program or Operational Plan implications associated with this report.

Risk Analysis:

The Developer Contributions Plan includes work schedules that are dependent upon future contribution income streams/developments.  The plan is based on cost estimates of proposed works that may require adjustment as final costings are prepared prior to commencement.  However, significant effort has been directed towards a lengthy process of costing the projects included in the works schedule to minimise the risk of cost variances.

 

Should the Developer Contributions Plan not be progressed then Council may be open to challenge as a result of contribution levels being in excess of that required to fund the infrastructure included in the contributions plan.

Consultation:

Relevant Council staff have been consulted and have provided the necessary information to progress the review of the West Woolgoolga Contributions Plan.  Specialist consultants were also engaged to provide the necessary information to enable determination of the level of works required at the Newman’s road/Solitary Islands Way intersection.

 

The plans were placed on public exhibition for a period of 28 days and no submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

Since the West Woolgoolga Developer Contributions Plan was placed on public exhibition, a change to the term Section 94 has been initiated, under the revised Environmental Planning and Assessment Act 1979.  The term Section 94 or S94 has been replaced with the term Part 7.11.  Any previous reference to Section 94 or s94 in this paper or the attached document has been amended to reflect this recent change.

 

Part 7.11 of the Environmental Planning and Assessment Act 1979 makes provision for Council to impose a condition of consent requiring a monetary contribution towards the provision of amenities and services that are required as a result of development.

 

Section 31 of the Environmental Planning and Assessment Regulation 2000 states:

 

Approval of Contributions Plan by Council;

 

1.    After considering any submissions about the draft contributions plan that have been duly made, the council:

 

a)    may approve the plan in the form in which it was publicly exhibited, or

b)    may approve the plan with such alterations as the council thinks fit, or

c)    may decide not to proceed with the plan.

 

2.    The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.

 

3.    Notice of a decision not to proceed with a contributions plan must include the council’s reasons for the decision.

 

4.    A contributions plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Implementation Date / Priority:

The reviewed Plans will be made available to the public, within 28 days after the decision is made.

Conclusion:

It is now recommended that the Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan 2018 be adopted to ensure that contributions reflect the true cost of the infrastructure to be funded under the Developer Contributions Plan.

 


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BS18/28       Release of Easement for Pipeline 5 Metres Wide Affecting Coffs Harbour Public School, Salamander Street, Coffs Harbour

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/28   Location of easement for pipeline to be released  

 

Executive Summary

Council has been requested by consultants acting for the Coffs Harbour Public School to release an easement for pipeline 5 metres wide that affects the property and inhibits current development plans.  The easement which benefits Council is considered surplus to requirements.  Council has required as part of its assessment of Development Application 0197/18DA that the easement be released to facilitate the construction of alterations and additions to the school in the affected location.  This report is required to satisfy Councils legal responsibilities in regard to execution of the required document to affect the release.

 

 

Recommendation:

That Council:

1.       Agrees to release the easement for pipeline 5 metres wide which benefits Council and is shown as notification number 2 in the second schedule of Certificate of Title Folio identifier 1/195773.

2.       Agrees that all costs associated with this matter will be the responsibility of the proponent.

 

Report

Description of Item:

Council has been requested by consultants RDM who act for the Minister for Education to release an easement for pipeline 5 metres wide that affects the Coffs Harbour Public School at Salamander Street, Coffs Harbour.  The easement which benefits Council is located over a de-commissioned sewer pipeline within Lot 1 DP 195773 that has no required current or future use to Council.  The pipeline, and as a consequence the easement is considered surplus to requirements.

 

Council is currently processing Development Application Number 0197/18DA which involves a proposal to construct alterations and additions to the school.  Council and the proponent have agreed to a proposed consent condition which requires the release of the easement to facilitate construction works in the location of the easement.

 

The location of the easement as it affects Lot 1 DP 195773 is shown in the plan attached to this report.

 

The proponent will be required to safely remove the asbestos pipeline from the easement and remediate possible sewer contaminants.  The decommissioned main will be capped in the location affected by the proposed building footprint.

 

This report is required to satisfy Council’s legal responsibilities in regard to execution of the required document to affect the release.

Issues:

There are no issues associated with the release of the easement.  The easement is considered surplus to current requirements and it has also been confirmed that there is no future requirement for the easement.

Options:

The following options are available to Council:

 

1.    Agree to release the easement as proposed; or

2.    Not agree to the release of the easement.

 

There is little reason not to consent to the release which is supported by both Councils technical staff and the proponent of the upgrade to the School.

Sustainability Assessment:

•     Environment

No impact as all matters will be addressed via the Development Application process.

•     Social

No impact as all matters will be addressed via the Development Application process.

 

•     Civic Leadership

The processing of the matter will facilitate the proposed development at the school in line with the current proposal and will ensure practical and efficient use of the land.

•     Economic – Broader Economic Implications

There are no implications.

•     Economic - Delivery Program/Operational Plan Implications

All costs associated with this matter are to be the responsibility of the proponent.

Risk Analysis:

There is considered no risk in processing the release of the easement which has been agreed to by the parties and is a requirement to facilitate alterations and extensions to the school.

Consultation:

The matter has been considered by relevant Council officers.

Related Policy, Precedents and / or Statutory Requirements:

The release of the easement requires a resolution of Council pursuant to Section 377(1)(H) of the Local Government Act 1993.

Implementation Date / Priority:

The matter will be actioned immediately upon Council’s formal resolution and the issue of consent in relation to Development Application 0197/18DA.

Conclusion:

The release of the easement for pipeline is required for proposed extensions and alterations to the Coffs Harbour Public School as defined by Development Application 0197/18DA.  The easement benefits Council and is considered surplus to current and future requirements.  There is no reason why Council should not consent to the release of the easement.

 

 

 


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NOM18/05   Sustainability Advisory Committee

Attachments:          Nil

 

Motion:

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

"That Council establish a Sustainability Advisory Committee."

 

Rationale:

“Council is undertaking a number of actions and strategies which relate to sustainability. These such things emission reduction targets, actions in the Biodiversity Strategy and many others.

An advisory committee can bring a range of expertise, ideas and input to assist Council. Many Councils in NSW and Australia have similar committees.”

Staff Comment:

Council can establish an advisory committee under Section 355 of the Local Government (LG) Act 1993, which states that a function of a council may, subject to Chapter 12 of the LG Act, 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).

Council can also, in accordance with Section 377(1) of the LG Act, delegate functions to a committee.

At its meeting of 14 April 2016, Council considered a report on a Renewable Energy and Emissions Reduction Plan (REERP), and resolved as following:

1.    Council adopts the Coffs Harbour Renewable Energy and Emissions Reduction Plan in order to meet the following targets:

1.1   Coffs Harbour City Council will reduce its per annum corporate emissions (tonnes CO2-e) from 2010 levels by 25% by 2020 and by 50% by 2025.

1.2   Coffs Harbour City Council energy use to consist of 25% renewables by 2020, 50% renewables by 2025 and 100% renewables by 2030.

2.    Council seek ministerial approval under Section 410(3) of the Local Government Act 1993 to undertake internal borrowing from the Sewer Fund in order to source funds to deliver the Coffs Harbour Renewable Energy and Emissions Reduction Plan targets.

3.    Progress is reported annually together with budget and operational planning for each financial year.

4.    A plan for energy efficiency is developed and implemented.

At its meeting of 26 November 2015, Council considered a report on an amended Biodiversity Action Strategy and resolved as following:

That Council adopts the amended Coffs Harbour Biodiversity Action Strategy 2012 – 2030 (Attachment 1), thereby removing references to Landscape Corridors and Priority Habitats and Corridors Strategy.

If Council is to consider the establishment of a Sustainability Advisory Committee, the functions and Terms of Reference need to be clearly articulated to ensure the committee supports and strengthens, the sustainability objective.

  


SC18/19       Expressions of Interest to Provide Specialist Animal Impounding Services

Author:                        Section Leader Compliance and Regulatory Enforcement

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.2 An active, safe and healthy community

Attachments:              Nil

 

Executive Summary

Council has a current contract arrangement with the Royal Society for the Prevention of Cruelty to Animals (RSPCA) NSW until September 2020 for the provision of impounding facilities and a range of associated services. 

RSPCA NSW has notified Council that they will not be seeking to provide companion animal management services beyond the expiry of the present contract in September 2020.

In order for Council to meet its relevant statutory obligations upon the expiry of the current contract arrangement, it is proposed to seek expressions of interest to assist understanding and enable further consideration of the available opportunities.

A further report detailing the available opportunities and associated recommendations will be brought back to Council following a review of options.

 

Recommendation:

1.       That Council seek ‘expressions of interest’ to establish an understanding of the available opportunities to meet Council’s statutory obligations associated with the provision of specialist impounding services on a long term basis.

2.       That a further report be brought back to Council detailing the available options and recommendations for the provision of specialist impounding facilities.

 

Report

Description of Item:

The Coffs Harbour RSPCA NSW’s shelter has been under contract with the Coffs Harbour City Council to provide holding facilities for dogs and cats which have been seized in accordance with the Companion Animals Act 1998. These contractual arrangements have been in place since 1994 and have been renewed on a number of occasions, with proportionate fee increases in line with the cost of running such facilities.  The most recent renewal provides for a 5 year contract arrangement until September 2020. 

RSPCA NSW has advised Council that it will not be seeking to provide companion animal management services beyond the expiry of the present contract in September 2020.  Previous reviews undertaken in respect to the availability of alternative service providers with the capacity to provide a similar level of service to that of RSPCA NSW has found that there is a general lack of alternative providers.

In brief, the current agreement requires the RSPCA NSW to take charge of impounded dogs and cats as Council’s agent and look after these animals for the term of their impounding.  This can be as long as 18 days.  This requires accommodation, feeding and veterinary care of the animals.

The agreement also requires that the RSPCA NSW act as registration agents on Council’s behalf by undertaking the micro-chipping and registration of animals before they are released back to their owners or rehoused to new owners.

Whilst the current arrangements have served Council well, it may be difficult to find an alternative service provider that would have the interest or desire to provide for a similar level of service.  Council’s options are also limited by not owning an animal impounding facility, however, the lead time provided by the RSPCA NSW does enable the opportunity to construct a facility if determined appropriate.

It is planned to seek expressions of interests to develop an understanding of the available options that may exist and bring back a further report to Council to develop a way forward with a view to achieving a long term solution to meet Council’s future impounding service needs.

Issues:

A previous review was undertaken to determine alternative options available to Council to achieve the service provisions associated with meeting Council’s statutory obligations. This looked at the availability and potential to use private boarding kennels or for Council to establish its own facility and operate or contract out same.  Excerpts from the previous review and report to Council on the 27 August 2015 to renew the contract arrangement with RSPCA NSW are provided as follows for reference:

·        Private Boarding - although available within Coffs Harbour area, the use of a private boarding facility posed a number of problems.  Firstly, services such as micro-chipping and registration would not be readily available, ready access to veterinary treatment would be limited and the facilities in a number of establishments would not be equivalent to the facilities provided by the RSPCA.  It has been identified that the current private facilities would need considerable expansion of their facilities to meet the criteria set down in the NSW Animal Welfare Code of Practice No 5 – Dogs and Cats in animal boarding establishments, primarily being the separation of pound animals to boarding animals.

The further issue of having to deal with unclaimed animals and the problems of rehousing and euthanising unwanted animals is also a major issue as part of any consideration associated with the use of private boarding facilities.

·        Establishment of a Council Pound – investigations into the possibility of establishing a Council owned and operated/contracted pound have determined that the difficulties and costs associated with securing a suitable site and constructing and operating a facility are considered to be less cost effective than using the services currently being offered by the RSPCA.

Potential impact if the RSPCA withdraw service:

Whilst the RSPCA agreement has served Council well in the past and the new agreement is expected to meet Council’s needs for the term of the contract, the review has highlighted the difficulties that would arise should the RSPCA withdraw their service availability at the expiry of the contract.  For this reason, it is considered appropriate that Council consider calling for expressions of interest within a suitable period prior to the expiry of the new contract with the intent of providing interested parties with an opportunity to provide alternative service provision for Council consideration.

With RSPCA NSW having now advised of their intention to not seek to provide companion animal management services beyond the expiry of the present contract in September 2020, Council must proceed to explore alternative service provisions.  Whilst the private market was unable to meet Council’s needs when last reviewed, the withdrawal of RSPCA NSW may impact and change market view toward provision of impounding services.

The seeking of expressions of interest may assist Council in understanding the private sectors interest to provide impounding services or provide options that may not have been considered.  This will provide opportunity to review and provide Council with an informed assessment of private sector options that may be suitable for further consideration and implementation if deemed appropriate.

Options:

The following two options and associated comment are considered applicable to this matter:

1.   Adopt the recommendation as provided; Adopting this option will not commit Council to any defined course of action but will assist in understanding and determining a further course of action that will be brought back to Council for consideration;

2.   Reject the recommendation as provided.  If Council does not commence planning now for the proposed withdrawal of RSPCA NSW’s services in 2020 it will leave Council without an appropriate means to comply with its statutory obligations under the NSW Companion Animals Act 1998 – No 87.

Sustainability Assessment:

•     Environment

Impounding facilities are an essential part of animal control as it helps keep domestic animals off the street. Control of roaming domestic animals is an important strategy in protecting native wildlife and reducing faeces from our public areas and waterways.

•     Social

Under the Companion Animals Act, Council has a statutory obligation to accept stray companion animals from persons who may find them wandering the streets.  Although the legislation does not require Council to actively look for strays, it is a service provided in order to keep the general public safe from dog attack and other situations whereby dogs or cats cause public nuisances.

•     Civic Leadership

The Companion Animals Act places a clear responsibility on Local Government to have in place sound practices to deal with companion animals.  The identification and implementation of alternative measures to maintain a continuity of impounding services will demonstrate and meet Council’s civic leadership responsibilities.

•     Economic – Broader Economic Implications

At the present time, Council is extremely limited in its options in providing impounding facilities as required under the Companion Animals Act.  Council is not currently aware of the interest or capacity of other organisations or businesses within the region who may wish to offer their services to meet Council’s statutory needs. This coupled with Council not having its own pound facility to enable exploration of alternative service provision options is likely to have future financial implications.

•     Economic - Delivery Program/Operational Plan Implications

The current 17/18 Operational Plan is not expected to be impacted by RSPCA NSW’s notification of their proposed withdrawal of services in 2020.

Risk Analysis:

If Council does not plan and secure alternative service arrangements in readiness for the proposed withdrawal of RSPCA NSW’s services in 2020, it may be unable to meet relevant statutory obligations.

The absence of having a suitable animal impounding facility will cause significant interruption to Council’s Ranger services and have an adverse impact to the public.

Consultation:

The proposed calling for expressions of interest for the provision of specialist impounding services will be the first phase toward a staged review and decision making process to identify and implement an alternative impounding service following RSPCA NSW’s withdrawal of services in 2020.

Related Policy, Precedents and / or Statutory Requirements:

The NSW Companion Animals Act 1998 is relevant to the current situation with seized animals to be returned to owner or taken to a council Pound.  The following provisions are of particular relevance:

62      Seized animals must be delivered to owner, council pound or approved premises

(1)   A person who seizes an animal under the authority of this Act must cause the seized animal to be delivered as soon as possible:

(a)     to its owner, or

(b)     to a council pound, or

(c)     to any approved premises.

A person who seizes an animal and does not comply with the requirements of this section is guilty of an offence and is subject to a maximum penalty of 30 penalty units or $3,300.

Implementation Date / Priority:

The placement of suitable advertisements calling for expressions of interest for the provision of specialist impounding service options will be undertaken upon adoption of the proposed recommendation.

Conclusion:

Council is required by legislation to have a pound facility for the holding of impounded companion animals in accordance with the Companion Animals Act, with such facilities to meet guidelines set by the Department of Primary Industries.

With the withdrawal of services by RSPCA NSW in September 2020, Council needs to commence planning for alternative arrangements in readiness for implementation upon their withdrawal.

The planned calling of expressions of interest will assist with understanding available opportunities with a report to be brought back to Council for further consideration and determination of a suitable option to best meet Council’s needs.

  


SI18/11         Amendment to Alcohol Free Areas in Woolgoolga CBD for Eat Street Events

Author:                        Works Program Co-ordinator

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

At the Council meeting held on 8 March 2018, Council approved the suspension of the alcohol free zone in Market Street, Woolgoolga for four proposed Eat St. Events. The proposed dates were:

1.       Saturday 14th April 2018 from 3pm – 10pm

2.       Saturday 14th July 2018 from 3pm – 10pm

3.       Saturday 6th October 2018 from 2pm – midnight following the Curryfest on 29th September 2018.

The organisers have now requested a change of date from Saturday 14th July 2018 to 16th June 2018 from 3pm -10pm. This report is to approve this amendment

The event involves a number of mobile vendors in Market Street complementing the permanent dining venues showcasing craft beer, cider and wine products. Stall holders will be permitted to sell alcohol to patrons within the fenced event area.

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

 

Recommendation:

That Council approve the revised temporary suspension of the Market Street, Woolgoolga Alcohol Free Zone between Nightingale Street and Queen Street, on Saturday 16th June 2018 from 3pm – 10pm

This suspension is pursuant to the provisions of Section 645 of the Local Government Act 1993.

 

Report

Description of Item:

Temporary Suspension of Alcohol Free Zones

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

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

Following the outstanding popularity of this event, the organisers propose to hold three more similar “Eat Street” events in Market Street during the course of 2018.

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

Issues:

Alcohol Free Zone Suspension

NSW Coffs Clarence Local Area Command (NSW Police) has forwarded written approval for the “Eat Street.” events. There were no reported incidents during the 2017 event, and Police were satisfied with its responsible management. There are no issues perceived with the temporary suspensions as they are for specific managed events in well frequented areas. AFZ suspensions such as these allow Council and the business community flexibility to stage events and festivals as part of a broader activation strategy.

Options:

1.       Adopt the recommendation.

2.       Maintain the original recommendation approving the suspension on 14th July 2018. This will possibly result in the cancellation of this Eat St event.

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

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

This proposal works towards achieving the outcomes identified within the MyCoffs Strategic Plan and addresses the following objectives:

-     A thriving and sustainable local economy

-     A community achieving its potential

-     A vibrant and inclusive place.

•     Economic – Broader Economic Implications

Temporarily suspending the AFZ for specific events and building on successful festivals such as Curryfest provides an economic benefit for the region. The event encourages more tourists to stay in Woolgoolga, and provides entertainment for locals.

•      Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis

Temporary suspension of AFZ’s

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

Consultation:

Internally consultation has occurred with all relevant sections.  Externally, consultation has been undertaken with the Coffs Clarence Police Local Area Command, Local Traffic Committee and with the event organisers.

Related Policy, Precedents and / or Statutory Requirements:

Alcohol Free Zones

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

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

Implementation Date / Priority:

Notices will be installed following the Council resolution at least one week before each event. The resolution will come into effect once notices are installed.

Conclusion:

It is recommended, for Councillors’ consideration, that allowing a temporary suspension of the AFZ in Market Street Woolgoolga for regular “Eat Street” events will allow for enhanced opportunities for local businesses and subsequent promotion of the town. A change of date will not impact negatively on the community and will the assist the success of the event.

 


SI18/12         Contract No. RFT-916-TO - Coffs Harbour CBD Gordon Street Footpath Works

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SI18/12     CONFIDENTIAL          ATT Contract No. RFT-916-TO - Coffs Harbour CBD Gordon Street Footpath Works

Confidential in accordance with Section 10A(2)(c),(d)(i),(d)(ii) of the Local Government Act as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, and commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it, and information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

Executive Summary

The purpose of this report is to provide an update and advice regarding the current status of Council’s previous resolution of 22 February 2018 concerning the contracting of public space upgrade works along the Gordon Drive frontage of the Gowings’ Coffs Central development under an existing Voluntary Planning Agreement (VPA) with Gowing Bros Ltd. The public space upgrade works along Gordon Street are the final component of the joint public space works covered by the VPA with Gowing Bros Ltd.

Under the terms of the VPA, Council is responsible for funding 2/3 of the public space works. Gowing Bros Ltd is responsible for entering the contract (as principal) with a supplier to deliver the public space works, and is responsible for 1/3 of the cost of the public space upgrade works.

It is important to note that whilst the VPA stipulates Gowing Bros Ltd as the Principal in the project (ie. responsible for engaging and managing contractors), the procurement process to engage a contract supplier must still meet Council’s regulatory and Procurement Policy requirements.

Therefore, on the 22 February 2018, Council duly considered tendered offers from two prospective contractors to undertake the final VPA works. Both tendered offers exceeded the estimated cost for the works and as a result Council, in line with staff recommendations, opted to decline both tendered offers and to delegate authority to the General Manager to negotiate with prospective parties.

This report advises that the negotiations endorsed by Council at its meeting of 22 February 2018 have now been completed and a consequent recommendation for Council’s consideration is provided in the confidential attachment to this report.

 

Recommendation:

That Council adopt the Recommendation in the Confidential Attachment to this Report.

 

 

Report

Description of Item:

Council entered into a Voluntary Planning Agreement (VPA) with Gowing Bros Ltd to share the costs of upgrades to the public space consequent to the Coffs Central development works at the corner of Harbour Drive and Gordon Street.

Under the terms of the VPA Gowing Bros Ltd is responsible for engaging contractors to complete the public space upgrade works and for contributing 1/3 of their cost. Council is responsible for the remaining 2/3 of the cost of the public space upgrade works. Additionally Gowings is required to ensure their procurement of contractors complies with Council’s procurement policy requirements.

In late 2017 Council issued RFT-916-TO, Coffs Harbour CBD Gordon Street Footpath Works on behalf of Gowing Bros Ltd in order that the procurement process complied with the VPA requirements.

In response to that offer, tenders were ultimately received from two companies: Bob Chambers Pty Ltd and Lipman Pty Ltd. A quantity surveyed predictive cost for the works had been established prior to the tender publication. Both tender responses which were received were adjudged as substantially more than this estimated amount.

Due to the fact that neither tendered offer met the estimated cost of the project, Council at its meeting of 22 February 2018, resolved in relation to Contract RFT-916-TO, Coffs Harbour CBD Gordon Street Footpath Works that Council;

 

1.   Decline to accept any tender received for the Contract RFT-916-TO, Coffs Harbour CBD Gordon Street Footpath Works; in accordance with S178(1)(b) of the Local Government Regulations;

2.   Not invite fresh tenders, as it is considered that inviting fresh tenders would not attract additional suitable contractors over and above those that have responded to this tender and will delay the project;

3.   In accordance with S178(3)(e) of the Local Government Regulations, delegate authority for the General Manager to enter into negotiations with contractors that are suitably qualified and demonstrate a capability to undertake the scope of works with a view to entering into a contract in relation to the subject matter of the tender, and that the General Manager accepts the most suitable tender negotiated.

 

Since that time negotiations have been conducted with the two original tenderers and other local sub-contractors on a proposal to value engineer and cooperatively manage risk on the project.

 

This report advises the results of the negotiations and presents appropriate recommendations.

Options:

Given the good faith and related ‘partnership’ requirements of the VPA, the commercially imposed timeframes necessary to carry out the works, and the on-going disruption to the community the options provided are necessarily limited to:

Adopt the recommendation. This would allow the project to progress immediately with a qualified contractor.

Sustainability Assessment:

•     Environment

The works were subject to a Part 4 assessment under the Environmental Planning and Assessment Act has undertaken as part of DA 0960/13. The assessment did not identify any environmental issues which cannot be addressed by the appropriate application of normal construction risk management practices.

•     Social

The proposed VPA works will complete the urban streetscape on Harbour Drive, Gordon Street and Vernon Street which has been operating as a construction site since July 2016. The area is designed to be inclusive and will allow easy access and alfresco dining. The area will complement the adjacent development and provide movement and activation opportunities for the CBD.

•     Civic Leadership

Coffs Harbour City Council through its MyCoffs Community Strategic Plan has identified the following Key Vision Outcome:

We will have a vibrant and inclusive place.

•     Economic – Broader Economic Implications

As per the Key Vision above this project is expected to attract more people to the City Centre resulting in attracting increased retail options.

•     Economic - Delivery Program/Operational Plan Implications

Council’s funding of the subject Contract Works is accounted for in the 2017/18 Budget. The amount budgeted is reflective of the original QS that was undertaken 3 years ago, and is not enough to cover the additional Contract works that will be Project Managed by Gowings. This additional funding is subject to a separate report in the Confidential Attachment.

 

It is proposed that variations and contingencies for the proposed works will be managed in the same manner as previous stages, where ‘final cost’ of works will be apportioned in accordance with the VPA.

Risk Analysis:

The major risks identified with the project are failure to meet delivery timeframes and failure to achieve cost targets.

The works themselves are considered to have the following high risk areas:

-        Completion on time

-        Reputation

These risks will be managed by normal Contract Management practices.

Quality and safety risks will be controlled during construction by Gowings Project Management team administering the Contract and additional works, together with support from Council’s construction supervision team.

Consultation:

The design of the works has been undertaken in consultation with Gowing Bros Ltd and relevant Council staff teams. The City Centre Masterplan Committee acknowledged and supported this project.

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures were carried out in accordance with Council’s relevant policies.  Council’s Tender Value Selection System was not applied during the tender review process due to the initial non selection of Tenders.

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

Additional works include a variety of suppliers, with none reaching the threshold to require the calling of Tenders. Gowings, as the managers of the project, will solicit quotations from suppliers to ensure best value for the project. Council officers will be involved to ensure correct procedures are undertaken.

Implementation Date / Priority:

Gowings have progressed the building extension works to a point where occupation of the footpath for the required streetscape works can be achieved by 1 May 2018. Commencement of the works as soon as practicable would ensure that further disruption to the community and continued loss of ‘enjoyment’ of the public space is minimised.

Conclusion:

This report provides an update on the contract negotiations which were endorsed by Council resolution on the 22 February 2018. The report advises that negotiations have resulted in an acceptable cost being struck for the final Stage Three public space works required by the Voluntary Planning Agreement with Gowing Bros Ltd. The report requests Council commit additional funding to its previously adopted budget for the Stage Three works.