Coffs Harbour City Council

14 November 2018

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 22 November 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.      Notices of Motion - Trust

19.      Trust Reports

20.      Requests for Leave of Absence

21.      Questions On Notice

22.      Matters of an Urgent Nature

23.      Consideration of Confidential Items (if any)

24.      Close of Ordinary Meeting.

 

 

Steve  McGrath

General Manager

 

 


Order of Business

 

 

Mayoral Minute

MM18/04        Save Our Recycling Campaign...................................................................... 3  

General Manager's Reports

GM18/33         Council Meeting Dates - 2019.......................................................................... 5

Directorate Reports - Business Services

BS18/66          Bank and Investment Balances for October 2018............................... 8

BS18/67          Monthly Financial Performance Report for the month ended 31 October 2018........................................................................................................ 30

BS18/68          Quarterly Budget Review Statement for September 2018........... 46

BS18/69          Woolgoolga Beach Reserve Detailed Concept Plan...................... 59

BS18/70          Uptown Markets Licence............................................................................... 59

BS18/71          Transfer of Kulai Preschool to the current occupier and lessee at 14-16 Myuna Place, Coffs Harbour............................................................ 59

Notices of Motion Sustainable Communities

NOM18/23      Inclusive Access at Jetty Beach - Access Advisory Committee Request.................................................................................................................................... 59

Directorate Reports - Sustainable Communities

SC18/43          Planning Proposal PP_2018_Coffs_002_00 - Toormina Pre-School - 50 Minorie Drive, Toormina (Lot 2 DP 579023) – Post Exhibition........... 59

Notices of Motion Sustainable Infrastructure

NOM18/24      Bulky Goods......................................................................................................... 59   


MM18/04      Save Our Recycling Campaign

Author:                         Mayor

Authoriser:                  Mayor

Attachments:              Nil

 

Recommendation:

That Council:

1.       Endorse Local Government NSW’s campaign, Save Our Recycling, to realise the reinvestment of a 100% of the Waste Levy collected each year by the NSW Government in waste minimisation, recycling and resource recovery.

2.       Make representation to the local State Member for Coffs Harbour, Andrew Fraser MP, in support of this campaign objective - for the NSW Government to commit to reinvest 100% of the Waste Levy in waste minimisation, recycling and resource recovery.

3.       Write to the Premier, the Hon Gladys Berejiklian MP, the Opposition Leader, the Hon Michael Daley MP, the Minister for Local Government and the Minister for the Environment, the Hon Gabrielle Upton MP, and the Shadow Minister for the Environment and Heritage, Penny Sharpe MLC, seeking bipartisan support for the 100% reinvestment of the Waste Levy collected each year into waste minimisation, recycling and resource recovery.

4.       Take a lead role in activating the Local Government NSW Save Our Recycling campaign locally.

5.       Endorse the distribution and display of the Local Government NSW Save Our Recycling information on Council premises, as well as involvement in any actions arising from the initiative.

6.       Formally advise Local Government NSW that Council has endorsed the Save Our Recycling advocacy initiative.

 

rEPORT

I am calling on Councillors to support Local Government NSW in its advocacy to all those contesting the State election to reinvest 100% of the waste levy collected each year into waste management, recycling and resource recovery in NSW.

The Protection of the Environment Operations Act 1997 (POEO Act) requires certain licensed waste facilities in NSW to pay a contribution to the NSW Government for each tonne of waste received at the facility. Referred to as the 'waste levy', the contribution aims to reduce the amount of waste being landfilled and promote recycling and resource recovery.

The waste levy applies in the regulated area of NSW which comprises the Sydney metropolitan area, the Illawarra and Hunter regions, the central and north coast local government areas to the Queensland border as well as the Blue Mountains, Wingecarribee and Wollondilly local government areas.

In 2016/17, the NSW Government collected $726 million from local government, community, businesses and industry via the waste levy, but only committed to use $72 million through its Waste Less Recycle More initiative – or 10% - on waste minimisation and recycling in 2017-18.

Overall the NSW Government’s Waste Less Recycle More initiative allocates $801 million over 8 years (2013-2021) to waste and recycling, however the waste levy collected over that same period will be over $4.62 billion.

At a local government level, just 18% of the $300 million collected from the local government sector each year is reinvested in recycling and waste management. Coffs Harbour City Council paid $2.72m in waste levy in financial years 2017- 2018, while Council received $107,045 in contestable/non-contestable funding over the same period to assist the council with waste management and recycling infrastructure, programs and education.

Regardless of how you look at it, the principle remains the same – very little of the waste levy is currently used to support waste minimisation, recycling and resource recovery.  The remainder is returned to NSW Government’s consolidated revenue.

The reinvestment of the waste levy to support waste and resource recovery infrastructure, develop markets and innovative solutions, and undertake other initiatives to encourage reuse and recycling also offers wide-ranging benefits to our communities right across NSW. There is the potential for economic growth, new infrastructure, new technology and new jobs, particularly in our regional areas.

It should be noted that the following motion was unanimously endorsed at the Local Government NSW 2018 Conference:

That the NSW Government be called upon to ensure that 100% of the levy arising from Section 88 of the Protection of the Environment Operations Act 1997 be used for waste infrastructure and programs, predominantly by local government and the waste sector, for initiatives such as:

·    Development of regional and region-specific solutions for sustainable waste management (e.g. soft plastic recycling facilities, green waste, waste to energy).

·    Support innovative solutions to reduce waste and waste transport requirements.

·    Protect existing and identify new waste management locations.

·    Local community waste recovery and repair facilities.

·    Funding a wider range of sustainability initiatives, such as marketing and strategies, that promote and support a circular economy.

This motion covered motions proposed by Blacktown City Council (Resource recovery locations); Central Coast Council (Waste levy revenues); Cessnock City Council (Recycling crisis - funding support); City of Ryde (Revenue raised by the waste levy); Federation Council (Waste resource); Gwydir Shire Council (Tyre recycling); Hornsby Shire Council (Increase in grant funding for waste levy program); Leeton Shire Council (Increase of waste levy distribution); and Shoalhaven City Council (POEO Levies). Related motions were also submitted by Tweed Shire Council (Recycled products and procurement); Lake Macquarie Council (Support for recyclate end markets, reusable, recyclable or compostable packaging); and Orange City Council (Waste management).

As previously noted, this is not a party-political issue: the advocacy initiative calls on all parties and candidates to commit to the 100% hypothecation of the Waste Levy to the purpose for which it is collected.

I am recommending that we support this campaign by the NSW local government sector and Local Government NSW and call on all political parties to commit to the reinvestment of 100% of the Waste Levy collected each year by the NSW Government into waste management, recycling and resource recovery.

  


GM18/33      Council Meeting Dates - 2019

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM18/33  Proposed Council Meeting Dates 2019  

 

Executive Summary

To seek Councillors’ confirmation to set Council’s meeting dates for the 2019 calendar year.

 

 

Recommendation:

That:

1.       No Council meetings be scheduled for January 2019.

2.       The first meeting in 2019 be scheduled for 14 February 2019.

3.       Meetings from February to November 2019 are scheduled on the second and fourth Thursday of each month.

4.       No Council meeting will be scheduled for 25 April due to the Anzac Day Public holiday

5.       The last Council meeting for 2019 be scheduled on 12 December 2019.

 

Report

Description of Item:

Council’s practice is for meeting dates to be scheduled on the second and fourth Thursday of the month commencing at 5.00 pm.  Some conflicting dates may arise throughout the year once public holidays are gazetted and other special events are made known (e.g. Easter).

Issues:

NSW Local Government has a well-established precedent of having a recess during January.  For the coming period, Thursday 14 February 2019 would be the first meeting for the New Year.

 

It is recommended that one meeting also be held in December 2019, being Thursday 12 December, two weeks after the last meeting in November 2019.

 

Meetings scheduled on 11 July and 10 October 2019 fall within the school holidays.  No provision to change these dates has been made.

 

The Local Government Act states that council is to meet at least ten times a year in different months.  The proposed scheduling meets that requirement.

Options:

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation being the proposed council meeting dates provided to Council and then adopt.

3.    Reject the recommendation provided to Council, though this would be somewhat problematic as Council is required to advertise the meeting dates for 2019.

Sustainability Assessment:

•     Environment

This is not applicable to this report.

•     Social

This is not applicable to this report.

•     Civic Leadership

The notification of Council Meeting dates to the community is consistent with the Council’s MyCoffs Community Strategic Plan, D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

This is not applicable to this report.

•     Economic - Delivery Program/Operational Plan Implications

The number of council meetings in a calendar year has no delivery program/operational plan implications.

Risk Analysis:

This is not applicable to this report.

Consultation:

Internal consultation has occurred.

Related Policy, Precedents and / or Statutory Requirements:

Council’s policy is to meet on the second and fourth Thursday of each month at 5.00 pm.  Council has changed meeting dates by resolution as the need has arisen.

 

s365 of the Local Government Act provides for Council to meet at least ten times a year in different months.

Implementation Date / Priority:

Subject to Council’s final resolution, quarterly advertisements and a media release will be issued to advise the community.

Conclusion:

The table of proposed council meetings for 2019 is attached for endorsement by Council.

 


 


BS18/66       Bank and Investment Balances for October 2018

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/66   Monthly Investment Performance Report for the month ended 31 October 2018  

 

Executive Summary

Council’s Bank Balances and Investments as at 31 October 2018 totalled $205,620,849.50.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the My Coffs Community Strategic Plan.

 

Also included in the monthly report is a summary of Council’s Socially Responsible Investment Performance (refer Attachment 1).

 

 

Recommendation:

That Council note the bank balances and investments totalling $205,620,849.50 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 October 2018.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 31 October 2018 is attached.  Also included is a summary of Council’s Socially Responsible Investment Performance.

 

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

 

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

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for October 2018 are available in the Councillors’ Resource Centre.

Issues:

There are no issues associated with the report.

Options:

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

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts from the information contained in this report.

•     Social

There are no perceived current or future social impacts from the information contained in this report.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

As at 31 October 2018, it is noted that the total bank and investment balance was $205,620,849.50 comprising restricted and unrestricted General, Trust, Water and Sewerage Fund cash and investments.

Risk Analysis:

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

 

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

 

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

 


 

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments.  Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

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

BBB

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

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

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

B

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

CCC

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

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

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

 

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

 

·    Deposits/Covered Bonds – these share first ranking

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

·    Subordinated debt

·    Hybrids

·    Preference shares

·    Equity shares (common shares).

 

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

 

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

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

Council funds have been invested in accordance with Council’s Investment Policy (POL‑049), which was adopted on 24 August 2017.

Local Government Act 1993 – Section 625

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

Local Government General Regulation 2005

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

Implementation Date / Priority:

Nil.

Conclusion:

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

 

 

 


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BS18/67       Monthly Financial Performance Report for the month ended 31 October 2018

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/67   Monthly Financial Performance Report for the month ended 31 October 2018  

 

Executive Summary

This report presents the Monthly Financial Performance Report for 31 October 2018.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  The projected year to date surplus is $68.5M with the actual year to date being $70.8M.  The surplus result will reduce over the course of the year as Council delivers services to the community.

 

The explanation of year to date variances is contained within the Income Statement commentary under Variance Comments for variances greater than 10%.  There are individual recurrent revenue sources with variances but overall recurrent revenue is on track, similarly for recurrent expenditure.  Capital revenue had a negative income primarily due to accrual reversals for grant income on major capital projects, the variances are timing differences which will decrease over the coming months.

 

The capital expenditure target for the current financial year is $89.5M with $15.7M expended to the end of October.

 

 

Recommendation:

That Council note the Monthly Financial Performance Report for 31 October 2018.

 

Report

Description of Item:

The Monthly Financial Performance Report provides information on Council’s actual to budget performance.  The report provides accrual based information to Council on a monthly basis and is designed to identify and explain any major variances between budgeted and actual results.

 

The report includes:

 

Financial Management Summary

-    The net operating surplus at the end of October is $3.8M ahead of budget expectations with the majority of rates income budgeted and raised in the first month of the financial year.  The total surplus after capital grants is $70.8M against a budget of $68.5M.  Operating expenses is within $2.0M of budget expectations with total operating expenditure to the end of October $53.6M against a budget of $55.6M.

-    Capital expenses is behind budget expectations by $0.1M with total capital expenditure to the end of Ocotber of $15.7M versus a YTD budget of $15.6M and annual targeted expenditure of $89.5M.  Further details are provided in the Capital Expenditure Report comments.

 

Income Statement

-    This is a comprehensive income statement detailing the monthly performance for October 2018.  This statement compares actual to budget on a monthly and year to date basis at the financial statement level.  In terms of monthly percentages, although some percentages may be large in dollar terms, they have a minor impact on financial performance.  There are individual comments for any monthly and YTD variances greater than 10%.

 

Capital Expenditure Summary and Detailed

-    Capital expenditure by cost centre and then at a more detailed level is also provided in the attachment.  Explanations have been provided for any variances greater than $200,000.

Issues:

Income Statement commentary as at 31 October 2018 for Year to Date (YTD) variances:

 

Recurrent Revenue

-    Interest and Investments Revenue:  This positive variance of $537,000 is due to interest coupons on investments received in October.  They are received based on investment and maturity dates.  This variance is expected to decrease as higher rate term deposits are re-invested at current lower rates and should meet or slightly exceed budget by the end of the financial year.

Capital Revenue

-    Capital Grants and Contributions:  Anticipated Upper Shephards Lane flood mitigation works to be further progressed and related grant income would be received.  In addition several accruals of grant income from last year have now been now reversed and expected grant income is yet to be invoiced.

Options:

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

Sustainability Assessment:

•      Environment

There are no perceived short or long term environmental impacts for the information contained within the report.

•      Social

There are no perceived short or long term social impacts for the information contained within the report.

•      Civic Leadership

Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour by monitoring financial performance which assists the decision making process to allocate funding for projects listed under the MyCoffs Community Strategic Plan.

•      Economic – Broader Economic Implications

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

•      Economic - Delivery Program/Operational Plan Implications

The year to date surplus, after capital revenue, is estimated to be 68.5M as at 31 October 2018.

Risk Analysis:

There are no risks associated with this report.

Consultation:

Group Leaders and their relevant staff have been provided with budget reports for each cost centre on a monthly basis for review.  Any variations will be provided to Council for adoption through the Quarterly Budget Review process.

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

This report is for noting only and therefore there are no implementation actions.

 

Conclusion:

 

This Monthly Financial Performance Report provides information on the actual to budget results at the financial statement level along with capital expenditure reports for the current financial year.

 

The Responsible Accounting Officer confirms the Monthly Financial Performance Report for the month ended 31 October 2018 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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BS18/68       Quarterly Budget Review Statement for September 2018

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/68   QBRS Budget Variations for the Quarter ended September 2018

ATT2  BS18/68   QBRS for the Quarter Ended September 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.

 

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

 

 

Recommendation:

That Council:

 

1.    Note the Quarterly Budget Review Statement and the following estimated budget position as at 30 September 2018:

2018/19 Original Budget 

2018/19 Revised Budget

2018/19 Projected Budget

2018/19 Sep YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

$97,342

$97,342

$97,342

$96,831

User Charges & Fees

$33,263

$33,263

$42,584

$8,456

Interest & Investment Revenue

$4,251

$4,251

$4,311

$1,685

Other Revenues

$16,676

$16,676

$16,873

$3,523

Grants & Contributions provided for Operating Purposes

$13,383

$13,420

$13,538

$3,877

RECURRENT REVENUE

$164,915

$164,952

$174,648

$114,372

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

$48,363

$48,363

$52,147

$13,666

Borrowing Costs

$9,723

$9,723

$9,780

$1,229

Materials & Contracts

$107,974

$143,619

$152,209

$24,122

 

 

 

 

 

 

2018/19 Original Budget 

2018/19 Revised Budget

2018/19 Projected Budget

2018/19 Sep YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Depreciation & Amortisation

$38,906

$38,906

$43,042

$10,057

Other Expenses

$10,026

$10,026

$10,879

$2,829

Less: Capitalised Expenses

(50,013)

(83,838)

(89,477)

(11,412)

RECURRENT EXPENDITURE

$164,979

$166,799

$178,580

$40,491

 

 

 

 

 

NET OPERATING (DEFICIT)

($64)

($1,847)

($3,932)

$73,881

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

$18,051

$28,026

$34,364

$2,524

CAPITAL REVENUE

$18,051

$28,026

$34,364

$2,524

 

 

 

 

 

NET SURPLUS

$17,987

$26,179

$30,432

$76,405

 

2.    Approve the following budget adjustments:

·   $2,085,090 increase in the budgeted net operating deficit;

·   $6,338,300 increase in budgeted capital revenue to be received;

·   $5,638,630 increase in the budgeted level of capital expenditure; and

·   $3,125,176 increase in the overall budgeted cash position.

 

 

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.

 

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.

 

Following is a list of recommended variations for the Quarter ending 30 September 2018 for the consideration of the Council.  These variations are reflected in the projected budget as presented in the estimated budget position as at 30 September 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. Similarly, this report is created on the same basis for consistency.

 

Recommended budget variations for the quarter ended 30 September 2018 are listed in Attachment 1. Columns are included to make it clearer how variations impact the operating result, capital expenditure and the relevant funding sources. The column definitions for the table are as follows:

 

·     Operating

Adjustment to either operating income or operating expenses, the net of which impacts the operating result. A positive number represents a deterioriation and negative number respresents an improvement in the operating result.

·     Reserves – Operating

Any adjustment to either operating income or operating expenses that are offset by movements to or from Council’s restricted reserves.  A positive number represents an improvement and negative number respresents a deterioration in the overall cash postion.

·     Capital Expenditure

Adjustment to the level of capital expenditure. A positive number represents an increase and negative number respresents a decrease in the level of capital expenditure.

·     Capital Grants and Contributions

Adjustment to capital grants and contributions (capital revenue). A positive number represents a decrease and negative number respresents an increase in capital grants and contributions to be received.

·     Reserves – Capital

Any adjustment to either capital expenditure or capital grants and contributions that are offset by movements to or from Council’s restricted reserves. A positive number represents an improvement and negative number respresents a deterioration in the overall cash postion.

Issues:

This report is tabled to meet Council’s statutory requirements. These variations will not impact council’s financial strategies.

Options:

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

 

1.    Adopt the recommendation provided to Council.

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

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

Sustainability Assessment:

•     Environment

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

•     Social

There are no perceived short or long term social impacts.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic – Delivery Program/Operational Plan Implications

The original adopted budget for 2018/19 provided a surplus of $17,987,000 and a deficit of $64,000 before capital revenue.  The budget adjustments recommended in this report, together with revotes previously approved by Council, result in a projected budget surplus of $30,432,000 and a deficit of $3,932,000 before capital revenue. There has been a deterioration in the operating result of $2,085,000 this quarter, primarily due to a revision of the depreciation projections along with bringing the Coffs Coast State Park Trust into Council’s ledger.

 

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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BS18/69       Woolgoolga Beach Reserve Detailed Concept Plan

Author:                        Manager Holiday Parks and Reserves

Authoriser:                  Director Business Services

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  BS18/69   Woolgoolga Beach Reserve - Detailed Concept Plan  

 

Executive Summary

In 2016 and 2018 Council resolved to adopt two significant strategic documents for Woolgoolga, which both provide guidance on the future use and management of the Woolgoolga Beach Reserve (southern section): a Plan of Management under the provisions of the Crown Lands Act 1989; and a Town Centre Masterplan.  A range of management actions are identified in the Plan of Management to ensure that Woolgoolga Beach Reserve is improved and managed in accordance with the principles of Crown Land Management, including the preparation of concept plans for upgrading recreational areas.

 

The Woolgoolga Town Centre Masterplan builds upon the actions within the Plan of Management and provides a conceptual layout for the Reserve.  A high priority action is also contained within the Woolgoolga Town Centre Masterplan to prepare a ‘Detailed Concept Plan’ for Woolgoolga Beach Reserve.

 

In implementing the actions contained within both the Plan of Management and Woolgoolga Town Centre Masterplan, Council engaged consultants Lat27 in March 2018 to prepare a Detailed Concept Plan for the southern section of Woolgoolga Beach Reserve in consultation with the community and stakeholders.  The aim of the Detailed Concept Plan is to refine the location and design of elements within the Reserve in accordance within the overarching Plan of Management and Woolgoolga Town Centre Masterplan.

 

The purpose of this report is to inform Council of the outcomes of community and stakeholder consultation undertaken as part of this project, and to seek Council’s endorsement of a Detailed Concept Plan for the Woolgoolga Beach Reserve.  If the recommendation is adopted a detailed design will be prepared for Woolgoolga Beach Reserve to enable the implementation of the proposed improvements to the Reserve when funding becomes available.

 

 

Recommendation:

That Council endorse the Woolgoolga Beach Reserve - Detailed Concept Plan (Attachment 1).

 

REPORT:

Description of Item:

Council at its meeting on 28 July 2016 resolved:

 

That Council, as Corporate Manager of the Coffs Coast State Park Trust, refers the updated Draft Plan of Management for Part Reserve 63076 for Public Recreation and Resting Place (southern section of Woolgoolga Beach Reserve) to the Minister responsible for Crown Land requesting adoption of the plan.

 

The Plan of Management for Woolgoolga Beach Reserve was subsequently endorsed by the Minister for Lands in March 2017.  A range of management actions are identified in the Plan of Management to ensure that Woolgoolga Beach Reserve is improved and managed in accordance with the principles of Crown Land Management, including the preparation of concept plans for upgrading recreational areas.

 

At Council’s meeting on 22 February 2018, it was further resolved:

That Council:

 

1.    Adopt the Woolgoolga Town Centre Masterplan 2018 (Attachments 1 and 2).

2.    Notify those that made a submission to the draft Woolgoolga Town Centre Masterplan of Council’s decision.

 

The Woolgoolga Town Centre Masterplan builds upon the actions within the Plan of Management and provides a conceptual layout for the Reserve.  A high priority action is also contained within the Woolgoolga Town Centre Masterplan to prepare a ‘Detailed Concept Plan’ for Woolgoolga Beach Reserve.

 

Also, Council at its meeting on 27 July 2017, as part of its consideration of a development application for the Woolgoolga Surf Life Saving Club building, resolved:

 

Reassure the community that further consultation by Council, in its role as corporate manager of the Coffs Coast State Park Trust, relating to parking for cars and trailers and disability parking on the Woolgoolga Beach Reserve will include, but not limited to, The Woolgoolga Deep Sea Fishing Club, North Coast Disabled Surfer Association and the Solitary Island Surf School.

 

The extensive consultation undertaken, as detailed below and the Detailed Concept Design address this resolution.

 

In implementing the actions contained within both the Plan of Management and Woolgoolga Town Centre Masterplan, Council engaged consultants Lat27 in March 2018 to prepare a Detailed Concept Plan for the southern section of Woolgoolga Beach Reserve in consultation with the community and stakeholders.  The aim of the Detailed Concept Plan is to refine the location and design of elements for the Reserve within the adopted Plan of Management and Woolgoolga Town Centre Masterplan.

 

The planning area is shown in Figure 1.

Figure 1: Planning Area - Woolgoolga Beach Reserve

 

The purpose of this report is to inform Council of the outcomes of community and stakeholder consultation undertaken for the project and seek Council’s endorsement of a Detailed Concept Plan for Woolgoolga Beach Reserve.

 

If the recommendation is adopted a detailed design will be prepared for Woolgoolga Beach Reserve to enable the implementation of the proposed improvements to the Reserve when funding becomes available (See Figure 2 below).

 


Figure 2: Design Process - Woolgoolga Beach Reserve

Issues:

Key Topics and Desired Outcomes

 

Community and stakeholder consultation undertaken for the project identified a number of recurring topics and key ideas which were noted as being important matters for to be addressed as part of the development of the Detailed Concept Plan for the Reserve.

 

The top five topics of importance are as follows:

 

1.    Connectivity (16.4%)

a.    connect the reserve to the headland: upgrade paths

2.    Event Space (13.0%)

a.    flexible civic event space: places to gather: night time

3.    Open Space (12.7%)

a.    flexible open lawns: places to sit: picnics: bbq’s: lawn games

4.    Shade (10.1%)

a.    large shade trees: shade over playground: shade on the beach edge

5.    Park Amenities (9.3%)

a.    located next to/within surf lifesaving club: two required: disability toilet/changing places facility: internal and external showers

 

Other topics raised as part of community consultation events undertaken for the project include vegetation; accessibility; parking; shelter; play; wayfinding and signage; lighting; artwork; activation; local history; natural processes; dogs; and the boat ramp.

 

The top ten desired outcomes identified by the community and stakeholders for the Reserve are as follows:

 

1.    More shade and shade tree planting

2.    An accessible connection between the reserve and the headland

3.    A flexible civic space for events

4.    An upgraded playground

5.    Upgraded path networks and better connections

6.    Flexible open lawns for activities

7.    Night-time activation opportunities

8.    Picnic and barbeque facilities

9.    Exercise stations

10.  Access for all ages and abilities

 

The Detailed Concept Design for Woolgoolga Beach Reserve (Attachment 1) incorporates the top ten desired outcomes for the reserve and seeks to enhance the natural amenity and beauty of the Reserve through the following strategies:

 

-      Provision of open flexible lawns and protection of existing large shade trees surrounded by pockets of native vegetation

-      Provision of a central plaza/events space, a new front door to the reserve

-      Enhancement of the pedestrian link to Wharf Street with a more legible connection to the beach

-      Integration of a network of new and shaded nature play spaces

-      Provision of new boardwalks, shade structures, barbeque areas and a new bespoke amenities block

-      Formalisation of Hofmeier Close parking area to provide greater access to the northern end of the Reserve

 

The Detailed Concept Plan is a high level document to guide a subsequent detailed design. The following items will require additional design work as part of the detailed design:

 

-      shade structures, picnic shelters and park furniture;

-      outlooks and boardwalks along the foreshore;

-      tensile shade structure with incorporated artwork;

-      the play area and associated infrastructure;

-      amenities building;

-      wayfinding and interpretive signage elements;

-      integrated artwork elements;

-      exercise stations; and

-      accessible beach connection.

 

These elements should accord with the precedents provided within the Detailed Concept Plan to ensure that community and stakeholder expectations are met.

 

Play Area

 

The Detailed Concept Design includes a new ‘Integrated Playscape Concept’ which is proposed to be undertaken in a number of stages based on funding opportunities.  Stage One comprises the demolition of the existing playground and relocation to the Stage One play area identified on the Concept Design Plan.

 

The long term vision for the Play Area will be implemented when funding becomes available.  This vision includes an Integrated Playscape Concept that contains elements that are stimulating, educational and suitable for children of all abilities.  The play elements are seen as ‘events’ along a series of activity trails, that when combined, creates an adventurous exploration through the site.

 

The elements within the Play Area are proposed to be based on themes such as ‘the forest’; ‘the clearing’; ‘the hills’ ‘the dunes’ and ‘the beach’.  The Integrated Playscape Concept will be an attraction to draw visitors into Woolgoolga and could be used by local Schools and groups during holidays, open days or festivals.

 

Accessible Beach Connection

 

The Detailed Concept Design relocates the main access to Woolgoolga Beach to minimise conflicts with boat ramp users and directs beach goers away from the permanent rip at the southern end of the beach.  An external shower and an accessible ramp connection to the beach are also provided at this point, with provision of accessible beach mat anchor points for wheelchair access.  Also, reconfigured parking including formal boat trailer parking, and overflow parking adjacent to the proposed new surf club building, have been included.

 

The existing parking area on Hofmeier Close is proposed to be formalised in the Detailed Concept Design with inclusion for disabled parking to align with the new main beach access.

 

Amenities

 

The Woolgoolga Town Centre Masterplan includes a high priority short term action to deliver accessible amenities within the Woolgoolga Beach Reserve with a changing places facility.  A quick win immediate action is also provided within the Masterplan to investigate the feasibility of additional beachside amenities within the Woolgoolga Beach Reserve.

 

This feasibility analysis has been undertaken as part of this project.  Analysis of the existing facilities and the needs of the community/stakeholders has been undertaken by Lat27, including a review of exemplar amenities in coastal locations in NSW.  As a result, it was determined that a single amenities block with enough provisions would adequately service the reserve.

 

Based on this analysis, the Detailed Concept Design includes only one amenities facility (including a changing places facility), as well as shared wash basins and showers.  The proposed location of the amenities provides for high levels of physical and visual access, in proximity to the town centre, play area, and flexible events space.

 

During the community engagement sessions undertaken for the project, there was strong support for a new amenities building to be purpose designed to reflect Woolgoolga’s unique character and lifestyle. Key ideas which were supported by the community during the engagement sessions have been incorporated into the Detailed Concept Plan as follows:

 

-      ‘cool loos’ - contemporary bespoke buildings;

-      lightweight and naturally ventilated structures;

-      integration of Changing Places equitable facilities;

-      potential to incorporate a lookout/kiosk;

-      exploration of an integrated amphitheatre; and

-      location close to the beach.

Options:

Council has two options available to progress this matter:

1.   Adopt the recommendation of this report and endorse the Woolgoolga Beach Reserve – Detailed Concept Plan (Attachment 1).  This option is responsive to broad community and stakeholder expectation.

2.   Resolve not to endorse the Woolgoolga Beach Reserve – Detailed Concept Plan (Attachment 1).  This option is not consistent with the adopted Plan of Management for the Reserve or the Woolgoolga Town Centre Masterplan and will not assist in improving the viability of the town centre.  Improvements to the Reserve have already commenced with the implementation of the redevelopment of the holiday park.  Council has also been awarded grant funding to commence Stage One of the Reserve improvements with a requirement to commence in February 2019 and finalise by August 2019. If this option is pursued, the grant obligations may not be met.

Sustainability Assessment:

•     Environment

The Detailed Concept Design is responsive to the environmental values and characteristics of the Reserve.  Topography, natural setting, wind, natural processes and hazards, and biodiversity have been taken into consideration as part of the development of the design.  Internal feedback has also been obtained to ensure that environmental impacts from the proposed Reserve upgrades are minimised.

 

The Detailed Concept Design requires the retention of existing dune vegetation and re-vegetation/stabilisation with appropriate native species.  Where new infrastructure is proposed to connect the Reserve to the headland, the Detailed Concept Design requires that impacts on remnant fragile vegetation are minimised in the detailed design and construction.  The existing Norfolk Island Pines are to be retained and protected in the design.

•     Social

The Detailed Concept Design for Woolgoolga Beach Reserve achieves a high priority short term action contained within the Woolgoolga Town Centre Masterplan and reflects the community and stakeholders desired outcomes for the Reserve.  In doing this, the Detailed Concept Design is one step towards achieving the overall vision of the Masterplan: “To grow Woolgoolga in a way that does not affect its unspoilt and unhurried beachside character, but that is proactive in supporting business growth”.

•     Civic Leadership

The Detailed Concept Design for Woolgoolga Beach Reserve achieves the following objectives within Council’s My Coffs Community Plan:

 

-     We support our community to lead healthy active lives (A2.1)

-     We cultivate a safe community (A2.4)

-     We attract people to work, live and visit in the Coffs Harbour Local Government Area (B1.2)

-     We create liveable spaces that are beautiful and appealing (C1.1)

-     We undertake development that is environmentally, socially and economically responsible (C1.2)

-     We protect the diversity of our environment (C2.1)

-     We undertake effective engagement and are informed (D1.2)

•     Economic – Broader Economic Implications

Council has received grant funding to the value of $994,000 from the Stronger Country Communities Fund Round Two for Stage One of the proposed Reserve improvements works.  The works comprise the demolition and relocation of the existing play area, construction of a new amenities, construction of new pedestrian paths and demolition of the existing parking area adjacent to the existing holiday park access.  Funding is also available through retained earnings from Council managed Holiday Parks and Reserve business operations.

 

Many of the remaining elements within the Detailed Concept Design are not funded; therefore, implementation of these actions is subject to funding through either Council’s Delivery Program or through grant applications or other initiatives.  Following endorsement of the Detailed Concept Design, Council will bring the future projects to spade ready status and be in a good position to capitalise upon grant opportunities.

•     Economic - Delivery Program/Operational Plan Implications

As mentioned above, implementation of most of the elements within the Detailed Concept Design is subject to funding through either Council’s Delivery Program or through grant applications or other initiatives.

Risk Analysis:

The extensive opportunities provided for community and stakeholder engagement in relation to the future use of Woolgoolga Beach Reserve (see discussion provided below) reduces Council risk, particularly given that the Detailed Concept Design accords with the two broad strategic documents for the Reserve, which were subject to lengthy community engagement processes.

Consultation:

Extensive community and stakeholder consultation has been undertaken in relation to the future use of Woolgoolga Beach Reserve throughout the preparation of the Plan of Management for the Reserve and development of the Woolgoolga Town Centre Masterplan.

 

Additional community and stakeholder consultation has also been undertaken specifically for the development of the Detailed Concept Design by Lat27 and ThreePlus as detailed below.

 

·     Online Social Pin Point and Survey     4 May to 4 June 2018

·     Post Card Survey                                 4 May to 4 June 2018

·     Business Engagement Event               Friday 18 May 2018

·     Community Engagement Event          Saturday 19 May 2018

·     Newspaper Advertisement

 

The cumulative results of the 102 online comments, 41 survey responses and 1,153 dots (collected through the two face to face engagement events) have been captured and summarised to inform the Detailed Concept Design for Woolgoolga Beach Reserve.

 

The topics, key ideas and desired outcomes for the Reserve captured as part of this consultation are discussed in the issues section of this report.

Implementation Date / Priority:

Following Council’s endorsement of the recommendation of this report, the detail design phase of the project can commence immediately.  As noted previously in this report, Council has been awarded grant funding from the Stronger Country Communities Fund for Stage One of the proposed Reserve improvements.  Works associated with this funding are required to commence in February 2019 and are to be completed by August 2019.  On this basis, commencement of the detailed design for stage one works is required as soon as practical so that the requirements of the funding can be met.

Conclusion:

In implementing the actions contained within both the Plan of Management for the Woolgoolga Beach Reserve and Woolgoolga Town Centre Masterplan, Council engaged consultants to prepare a Detailed Concept Plan for the southern section of Woolgoolga Beach Reserve in consultation with the community and stakeholders.

 

The aim of the Detailed Concept Plan is to refine the location and design of elements within the Reserve in accordance within the overarching Plan of Management and Woolgoolga Town Centre Masterplan.

 

The Detailed Concept Design for the Woolgoolga Beach Reserve incorporates the top ten desired outcomes for the Reserve as informed from community and stakeholder engagement and seeks to enhance the natural amenity and beauty of the Reserve.

 

The purpose of this report is to inform Council of the outcomes of community and stakeholder consultation undertaken as part of this project, and to seek Council’s endorsement of a Detailed Concept Plan for the southern section of Woolgoolga Beach Reserve.

 

 

 


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BS18/70       Uptown Markets Licence

Author:                        Property Officer Leasing and Licensing

Authoriser:                  Director Business Services

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              Nil

 

Executive Summary

The Uptown Markets are a licenced activity held Sundays on the ground floor of the Castle Street carpark.  These particular markets have been run from this location since the carpark was opened, and previously operated from the Park Avenue carpark.

 

The current licence was put in place as a result of previous Council resolution for a period of one year.  The current licence is now due to expire on 31 January 2019.

 

The licensees have sought consideration for a further licence agreement for continued operation of the Uptown Markets. A further licence term will in essence allow for the ‘status quo’ arrangement to be maintained until the City Square project is completed and the matter can then be further considered.

 

 

Recommendation:

That Council licence Jevilin Gano Guevara to operate the Uptown Markets on Sundays from the ground floor of the Castle Street carpark for one year, with Council having the option on expiry of that licence to enter two further one year terms.

 

Report

Description of Item:

Council’s decision is sought on proceeding with a further licence term for the operation of the Uptown Markets held in the Castle Street carpark on Sundays.

 

Council previously resolved to proceed with the current licence at its meeting held on 23 November 2017. A further licence term will in essence allow for the ‘status quo’ arrangement to be maintained until the City Square project is completed and the matter can then be further considered.

Issues:

The occupation by the markets has been previously debated as to its suitability in this location.  Whilst there is community support for such an operation, the markets occupy the best carparking available in the precinct, not only on the ground floor of the Castle Street carpark, but also the adjacent on-street parking which is often occupied by stallholders.

 

Input was previously sought from the City Centre Masterplan Committee with regard to alignment of the activity with the objective to attract people to the CBD.  It is acknowledged that the current markets indeed draw people into the CBD on a Sunday, which would otherwise be a quiet day for trading.

 

The markets have contributed to a more vibrant and active space.  The Committee considered both the Showgrounds and the City Square as alternatives to the Castle Street Carpark location with the City Square being an option for a trial once construction of the Square is complete.

Options:

1.    Approve the recommendation and proceed with a licence for one year, plus two options of a further one year term each.  This term also provides for the input previously provided by the City Centre Masterplan Committee that the markets should be trialled within the City Square once the City Square project is completed in 2019.

2.    Amend the recommendation and licence for a longer term being that requested by current licensee, Jevilin Guevara for two years with an option for a further two years.  That is; four years in total.  It is understood that the City Square redevelopment will present opportunity for a change to the current set up of the Growers Markets held on Thursdays.  This may be an arrangement that would also suit the Uptown Markets on Sundays.  Better consideration of this option can be explored on completion of the works and from a trial of the Growers Market in the City Square locality.

3.    Reject the recommendation and enter into no further licence period upon expiry of the current licence on 31 January 2019.  There is evidence of community support for this long running operation and the contribution towards activation of the CBD on a Sunday is consistent with the activation objective in the City Centre.

Sustainability Assessment:

•     Environment

The operation of the markets at this location has been in place since the carpark was built.  There is no change to the existing footprint, and no further impact on the environment.

•     Social

Uptown Markets are available to the community at large without exclusion and attract people to the CBD.  They provide an all weather, all year round traditional market experience to locals and vistors alike.

•     Civic Leadership

The City Centre Masterplan Committee has, as part of its role, an objective to keep the Coffs Harbour CBD a vibrant and inclusive place.  There are many initiatives in place to that end, although without the markets in place, Sundays are a day of the week when it would otherwise be difficult to bring the people into the city centre.

•     Economic – Broader Economic Implications

There is no cost to Council to licence the operators to host the Uptown Markets.  There is a licence fee collected, and under agreement the operators are currently required to meet their own expenses, remove all stalls and clean and restore the carpark at the end of their licenced operating time.

•     Economic - Delivery Program/Operational Plan Implications

The continued licencing of the Uptown Markets will have no impact on the Delivery Program or Operational Plan.

Risk Analysis:

Risk in this matter is assessed in the context of the ability and likelihood of the licensee being able to fulfill its obligations under the licence agreement and how this may impact on Council.  As the current and prospective licensee is well known to Council under the existing arrangement, a further licence period is considered a low risk exposure to Council.

 

The licence agreement includes provision to mitigate the negative impact of a breach of conditions.

Consultation:

Consultation has occurred with the licensee and previously with the City Centre Masterplan Committee.

Related Policy, Precedents and / or Statutory Requirements:

Under the Local Government Act 1993 Council is able to enter into a further licence of the property.  The property is classified as operational land.

Implementation Date / Priority:

A new licence will commence from 1 February 2019 upon expiry of the current licence.

Conclusion:

The Uptown Markets have operated on the site of the Castle Street Car Park since it was opened and previously operated from Park Avenue Car park.  This is a period exceeding 25 years.

 

There has been some debate in the community and amongst stakeholders as to the presence of these markets in Coffs Harbour’s largest and main carpark in the CBD with regard to suitability of this type of operation.

 

The current licence is due to expire 31 January 2019, and the licensee has given written notice of intention to proceed with a new licence for a further term.

 

To maintain the ‘status quo’ arrangement for a further term of one year is considered appropriate.  This time will allow for the City Square redevelopment works to be completed and the proposed review of Growers Markets layout within the CBD.  This may have an impact of future opportunity for the Uptown Markets which can be considered upon expiry of this term, and decision to offer of the further licence terms would also be made at this time.

 

 


BS18/71       Transfer of Kulai Preschool to the current occupier and lessee at 14-16 Myuna Place, Coffs Harbour

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/71   Location of property at 14-16 Myuna Place, Coffs Harbour  

 

Executive Summary

Council at its meeting of 9 August 2018 requested a report be prepared detailing the issues associated with transferring a freehold property it owns at 14-16 Myuna Place, Coffs Harbour to the current tenant, Kulai Preschool.  The property has been owned by Council prior to 1976 and was likely transferred in the 1960s.  The property has been leased at a nominal rental firstly to “Save the Children fund NSW Division” and more recently from 1998 to Kulai Preschool Aboriginal Corporation on a 20 year lease.

 

The property is held by Council in two lots being Lots 1 and 2 in Deposited Plan 585594 and is generally unencumbered apart from the existing lease to the Preschool.  The property has a total land area of 2,853 square metres and is zoned R2 Residential under the provisions of Coffs Harbour LEP 2013.  The land is held by Council as “operational land” under the classification system of the Local Government Act, 1993.

 

The property is a valuable Council asset having an open market land value in excess of $425,000 and a value as a child care centre well in excess of this amount unencumbered by the current lease.  To transfer the property to the existing tenant without recouping its market value would set an undesirable precedent for the transfer of public property into private hands, and would not be in the financial and long term interests of ratepayers.  It is therefore recommended that Council not transfer the asset to the lessee.

 

 

Recommendation:

That Council retain ownership of the property at 14-16 Myuna Place, Coffs Harbour and continue to lease the premises in line with Council policy.

 

Report

Description of Item:

Council at its meeting of 9 August 2018 requested a report be prepared detailing the issues associated with transferring a freehold property it owns at 14-16 Myuna Place, Coffs Harbour to the current tenant being Kulai Preschool.  The property has been owned by Council prior to 1976 and was likely obtained in the 1960s.  The property has been leased at a nominal rental firstly to “Save the Children fund NSW Division” and more recently and from 1998 to Kulai Preschool Aboriginal Corporation on a 20 year lease.

 

The property is held by Council in two lots being Lots 1 and 2 in Deposited Plan 585594 and is generally unencumbered apart from the existing lease to the Preschool.  The property has a total land area of 2,853 square metres and is zoned R2 Residential under the provisions of Coffs Harbour LEP 2013.  The land is held by Council as “Operational Land” under the classification system of the Local Government Act, 1993.  The attached plan shows the location of the property.

 

The current statutory land values of the property as at base date 1/7/2017 is as follows:

 

1.    Lot 1 DP 585594 - $181,000

2.    Lot 2 DP 585594 - $165,000.

 

Recently Kulai Preschool has made representations to Council requesting consideration be given to a transfer of the property at 14-16 Myuna Place, Coffs Harbour to the Preschool and referenced the recent agreement affecting a preschool at 50 Minorie Drive, Toormina.

 

It should be noted that the two matters are unrelated and present different circumstances.  In 1975 the Toormina property was gifted to Council, only in trust and on behalf of the Preschool, and is therefore not part of Council’s freehold land holdings. The property is currently in the process of being transferred to the Toormina Preschool pursuant to the Trust Deed.  The Deed legally requires the property to be transferred back from Council to the preschool upon the Preschool’s direction.  As such, Council is simply complying with its legal requirements pursuant to the Deed.

 

The situation differs at 14-16 Myuna Place in that this property is owned outright by Council who were originally granted the property and who have always owned the property as a freehold site without any trust arrangements.  Council has always leased the property as a preschool on subsidised terms because of the community benefits the facility provides.

 

There are few, if any other examples of properties held by Council that are subject to a trust arrangement similar to that which exists at Toormina and land is generally held by Council as freehold land.  To transfer the property at Myuna Place at an amount less than its market value would set an undesirable precedent for Council and may prompt other institutions and organisations to make similar requests.

 

The property at Myuna Place is also held within Council’s financial accounts at a value of $627,000.  To divest the property as proposed would have a detrimental impact on Council’s Balance Sheet.

 

Council’s Property Strategy does not propose the transfer of community property assets at no cost to current facility operators.  Rather the strategy outlines as one of its principles to “Maximise community benefit and public value from the property portfolio” and also states that Council will “make short, medium and long term decisions around the property portfolio in a fully informed manner which balances the needs of property uses with the interests of the broader community”.  In this context the retention of a valuable asset by Council would ensure the longer term benefits of this facility and allow Council the flexibility to provide, either by operating itself or via a third party relevant and appropriate services.

 

Council’s Property Strategy also states that a future review of properties operated as childcare facilities will be undertaken.  Until this review is completed it is not recommended that Council consider the transfer and disposal of this or any similar use property.

Issues:

The major issues for Council to consider and described above include:

 

1.    The precedent that would be set by divesting the property and effectively transferring public property into private hands at nil compensation.

2.    The loss incurred from the disposal of the property as an asset and the impact on the Council’s financial accounts.

3.    The loss of control over the property and Council’s ability to use the site strategically for future service delivery.

Options:

Council has two options to consider:

 

1.    Adopt the recommendation and therefore retain ownership of the property and enter into a new lease with Kulai Preschool to occupy the site on terms in line with Council policy.

2.    Reject the recommendation and transfer the property to Kulai Preschool for nil compensation, incur a substantial loss on disposal of the asset and set a precedent through the transfer of public property into private hands.

Sustainability Assessment:

•     Environment

There are no environmental issues to consider as the property is an existing facility and a transfer would impact ownership only.

•     Social

There are no major social issues that will arise from either retention or disposal of the property as in all likelihood the current purpose of the facility will be retained for the short to medium term.

•     Civic Leadership

Adopting the recommendation is considered to provide the greater benefit at this point in time in relation to both the long term control of the site and the asset value attached to the property for the greater community.

•     Economic – Broader Economic Implications

There is considered to be little in the way of broader economic impacts

•     Economic - Delivery Program/Operational Plan Implications

Should the property be transferred at nil compensation Council will be divesting an asset with a substantial market value and which is held in Council’s operational land register at $627,000.  This will impact Council’s current balance sheet.

Risk Analysis:

Should the property be transferred at nil compensation Council will create the risk that other community organisations will use the precedent to request other transfer of Council property for nil compensation.

Consultation:

Consultation has been undertaken with internal stakeholders.

Related Policy, Precedents and / or Statutory Requirements:

Council has in the past transferred property subject to a resolution of the Council.  The formal approval of Council is required pursuant to Section 377 (1) (H) of the Local Government Act, 1993.

 

As noted above the property is classified as “Operational Land” and as such can be dealt with legally by Council in relation to matters such as a property transfer.

Implementation Date / Priority:

The matter will be actioned immediately upon Council’s resolution. A new lease will be prepared in accordance with Council’s Leasing and Licencing Policy for Community Organisations in its adopted form.

Conclusion:

The transfer of the property is not recommended as it will set an undesirable precedent for Council and is not seen to be in the best financial interests of the Coffs Harbour community. Also, loss of control over the property would prevent Council to use the site strategically for future service delivery

 

 


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NOM18/23   Inclusive Access at Jetty Beach - Access Advisory Committee Request

Attachments:          Nil

 

Motion:

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

"That Council:

1.   Note that the Access Advisory Committee is seeking the provision of inclusive access at Jetty Beach, including

a)   Some level of lifeguard service,

b)   A portable mat designed to facilitate wheeled access to the water,

c)   Access to a public specialty wheelchair for use on water, specifically the Hippocampe style, and

d)   Access to a public child-sized Hippocampe style chair.

2.   Prepare a report on the logistics of providing inclusive access at Jetty Beach.

3.   Develop a plan for reaching the objective of providing fully accessible beach access at Jetty Beach and/or any other beach."

 

Rationale:

Accessing beaches in Coffs Harbour LGA is presently highly constrained for wheelchair users. While some level of public wheelchair designed for ocean use is available, the chair is stored at Park Beach SLSC. This style of chair does not easily traverse sand and heavy matting is required in order for the chair to reach the ocean. Park Beach, although patrolled, is an ocean beach and therefore subject to currents and tides and thus its suitability for a wheelchair user is limited by prevailing conditions.

It is the view of the Access Advisory Committee that Jetty Beach would make the ideal beach for wheelchair users, due to its protected location in the harbour and the existing level of accessible parking and tracks to allow access to the edge of the beach. However, in order to facilitate inclusive beach access, the provision of lifeguard patrols, specialty wheelchairs and access matting are all required.

Health and activity in are challenging in outdoor settings for people with disabilities and opportunities to be competent and viewed as competent outdoors are infrequent and therefore important. Inclusive access to the beach and ocean would also benefit members of the wider community, such as people using wheeled walkers, parents with prams and more.

The Access Advisory Committee seeks Council’s consideration of these matters and asks for a report as well as a plan of action outlining how Council will meet an objective of providing fully inclusive access to at least one beach in the LGA.

Staff Comment:

A Council report can be prepared on this matter.

  


SC18/43       Planning Proposal PP_2018_Coffs_002_00 - Toormina Pre-School - 50 Minorie Drive, Toormina (Lot 2 DP 579023) – Post Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC18/43   Planning Proposal PP_2018_COFFS_002_00

ATT2  SC18/43   Public Hearing Report

ATT3  SC18/43   Gateway Determination

ATT4  SC18/43   LEP Practice Note  

 

Executive Summary

At its Ordinary Meeting of 12 July 2018, Council resolved to support Planning Proposal (PP_2018_Coffs_002_00) to reclassify Lot 2 DP 579023, 50 Minorie Drive, Toormina from Community to Operational Land to correct an historical error in classifying this land. The land is currently occupied by Toormina Pre-school, and has been used for this purpose since 1976.

The Planning Proposal was placed on public exhibition for 28 days between 5 September 2018 and 3 October 2018 with no submissions made by the public. The Gateway Determination did not require consultation with any government agencies and/or stakeholders. A public hearing, required by legislation, was facilitated by an independent party on 31 October 2018 from 5pm to 7pm at Council’s Administration building.

This purpose of this report is to inform Council of the outcomes of the public hearing and public exhibition process for the Planning Proposal. The report also seeks Council’s endorsement of a final Planning Proposal to reclassify Lot 2 DP 579023 from Community to Operational Land through an amendment to Schedule 4 (Classification and Reclassification of Public Land) of Coffs Harbour LEP 2013.

 

Recommendation:

That Council:

1.       Endorse Planning Proposal PP_2018_COFFS_002_00 - Version 3 Post Exhibition to reclassify Lot 2 DP 579023, 50 Minorie Drive, Toormina from Community to Operational Land (Attachment 1).

2.       Note the findings of a public hearing held in accordance with Section 29 of the Local Government Act 1993 and Schedule 1 Clause 4 of the Environmental Planning and Assessment Act 1979 for the reclassification of Lot 2 DP 579023 from Community Land to Operational Land (Attachment 2).

3.       Delegate to the General Manager the authority issued by the NSW Department of Planning and Environment to exercise the functions of the Minister under Section 3.36 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising this Planning Proposal.

4.       Continue to consult with the NSW Department of Planning and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of the Planning Proposal.

5.       Notify the Toormina Pre-school of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting of 12 July 2018, Council resolved to support Planning Proposal (PP_2018_Coffs_002_00) to reclassify Lot 2 DP 579023, 50 Minorie Drive, Toormina from Community to Operational Land to correct an historical error in classifying this land. The land is currently occupied by Toormina Pre-school, and has been used for this purpose since 1976. The subject land has an area of 1,343 m2 and is located between a supermarket to the west, shopping centre to the north, and a public library to the east. The land is within Zone B2 Local Centre under Coffs Harbour LEP 2013. The subject land is shown in Figure 1.

Figure 1: Subject Land

Classification of public land occurs when the land is first acquired by a council and classified as either community or operational. Community land is typically available for use by the general public such as parks, reserves or sports grounds.

Operational land may not necessarily be open to the general public, and is used to enable the functions of Council such as a works depot, water tower, and some community facilities which can include pre-schools. There are no special restrictions on council powers to manage, develop, dispose, or change the nature and use of operational land.

The subject land is currently classified as community land, as shown in Figure 2 below.

LEGEND

 

Operational Land

 

Community Land

 
  

Figure 2: Land Classification

Reclassification of public land from operational to community, or from community to operational can take place when circumstances dictate. Planning Proposal (PP_2018_Coffs_002_00) has been initiated to correct an historical land classification error which applies to the subject land.

Historical details of the matter are outlined in the report to Council at its Ordinary Meeting of 12 July 2018. At that meeting, Council resolved to progress a Planning Proposal to reclassify the subject land by the following resolution:

That Council:

1.      Endorse a Planning Proposal (Attachment 1) to amend Coffs Harbour Local Environmental Plan 2013 to update Schedule 4 to reclassify 50 Minorie Drive, Toormina (Lot 2 DP 579023) from community land to operational land and forward it to NSW Department of Planning and Environment seeking a “Gateway Determination”.

2.      Request that the Secretary of the NSW Department of Planning and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under Section 3.34 of the Environmental Planning and Assessment Act 1979 in respect of the Planning Proposal.

3.      Subject to the Gateway Determination from NSW Department of Planning and Environment, place the Planning Proposal on public exhibition and hold a public hearing.

4.      Note that a further report will be brought back to Council for consideration of any submissions following the public exhibition and public hearing of the Planning Proposal.

5.      Notify the Toormina Community Preschool Incorporated of Council’s decision.

Issues:

The NSW Department of Planning and Environment issued a Gateway Determination on 25 July 2018 in which local plan making functions were not delegated to Council as it was determined that the Governor’s approval was required for the extinguishment of interests (Attachment 3).

Following further representations from Council clarifying that no interests were intended to be extinguished and that the declaration of trust between Council and the operators of the pre-school was to be retained, the Department determined to alter the Gateway Determination on 29 August 2018 in which local plan making functions are delegated to Council (Attachment 3).

The Planning Proposal was placed on public exhibition for 28 days between 5 September 2018 and 3 October 2018 with no submissions made by the public. The Gateway Determination did not require consultation with any government agencies and/or stakeholders. A public hearing was also facilitated by an independent party on 31 October 2018 from 5pm to 7pm at Council’s Administration building. No participants attended the hearing, however one Councillor attended for a short period of time to familiarise themselves with the process. A copy of the Public Hearing Report is provided as Attachment 2 to this report.

This purpose of this report is to inform Council of the outcomes of a public hearing and public exhibition process for the Planning Proposal. The report also seeks Council’s endorsement of a final Planning Proposal to reclassify Lot 2 DP 579023 from Community to Operational Land through an amendment to Schedule 4 (Classification and Reclassification of Public Land) of Coffs Harbour LEP 2013.

Options:

Council has two options in relation to the Planning Proposal, including:

1.   Resolve to adopt the recommendations of this report to support the Planning Proposal and exercise its delegations from the NSW Department of Planning and Environment to make the plan.

Comment: This option will correct an historical error which has been discussed in this and previous reports and will correctly classify the land ‘Operational Land’ under the Local Government Act 1993.

2.   Resolve not to proceed with the Planning Proposal.

Comment: This option would retain the existing classification of the subject land as ‘Community Land’ and prevent improvements to the existing use on the land which has been in place since 1976. This option would also prevent Council from effecting the declaration of trust between Council and the operators of the pre-school.

This report recommends that Council pursue Option 1.

Sustainability Assessment:

•     Environment

Environmental matters have been considered and are addressed in Part 3 of the Planning Proposal (Attachment 1).

•     Social

Social matters have been considered and are addressed in Part 3 of the Planning Proposal (Attachment 1).

•     Civic Leadership

The Planning Proposal aligns with Council’s Community Strategic Plan (CSP) in relation to the effective use of public resources, i.e. ‘we effectively manage the planning and provision of regional public services and infrastructure’ (MyCoffs CSP D2.1).

•     Economic – Broader Economic Implications

There are no broader economic implications associated with this Planning Proposal.

•     Economic - Delivery Program/Operational Plan Implications

The Planning Proposal has been prepared by Council in accordance with its Delivery Program and 2018/19 Operational Plan.

Risk Analysis:

The Planning Proposal is considered to be of low risk to Council. Reclassification of the subject land will correct an historical error, and allow the Toormina Preschool to undertake its operations autonomously from Council.

Consultation:

The Planning Proposal was placed on public exhibition for 28 days between 5 September 2018 and 3 October 2018 with no submissions made by the public. The Gateway Determination does not require consultation with any government agencies and/or stakeholders.

Pursuant to Section 29 of the Local Government Act 1993; Schedule 1 Clause 4 and Section 3.34 of the Environmental Planning and Assessment Act 1979, a public hearing was facilitated by an independent party on 31 October 2018 from 5pm to 7pm at Council’s Administration building. No participants attended the hearing, however one Councillor attended for a short period of time to familiarise himself with the process. A copy of the Public Hearing Report is provided as Attachment 2 to this report.

Related Policy, Precedents and / or Statutory Requirements:

The Planning Proposal provided as Attachment 1 to this report addresses all relevant statutory requirements and Council policies.

Implementation Date / Priority:

Should Council resolve to endorse the Planning Proposal, Council will exercise its local plan making functions delegated by the NSW Department of Planning and Environment to make the plan. The plan will come into force when notified by the Department in the Government Gazette. The timeframes imposed by the altered Gateway Determination require the Planning Proposal to be finalised by 25 April 2019 (Attachment 3).

Conclusion:

Endorsement of the Planning Proposal will correct an historical error which has been discussed in this report and reclassify Lot 2 DP 579023 from Community to Operational Land through an amendment to Schedule 4 (Classification and Reclassification of Public Land) of Coffs Harbour LEP 2013. This will enable improvements to be undertaken to the existing use on the land which has been in place since 1976. Endorsement of the Planning Proposal would also enable Council to fulfil the terms of the declaration of trust between Council and the operators of the pre-school.

 


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NOM18/24   Bulky Goods

Attachments:          Nil

 

Motion:

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

"That

1.       Council reduce its fee for Bulky Goods pickup to $25.

2.         Council commits to the investigation and provision of an enterprise which diverts usable items from the bulky goods waste stream."

 

 

Rationale:

“Prior to Council’s new Waste contract, residents who had garbage collection service had access to two kerbside Bulky Goods collections per year, set out for each area in a calendar.

 

Under the new contractual arrangements, calendarised collections no longer exist and residents can use two free vouchers per year by taking their own material to Englands Road or they can arrange a collection from their kerb for a fee of $44.  There has been considerable feedback that the cost of the new service is considered to be onerous. Previously, the fee was embedded in the rates and was therefore not visible to many users of the service.

 

In addition, the new service still has no provision for diversion of material from landfill. As our waste management is growing critically important, all efforts to reduce landfill must be made. In 2012 Council licenced a ‘tip shop’ at Englands Road. When the contractors exited, no attempt has been made to re-establish the service. There are numerous excellent examples of this type of facility, many involving aspects of social enterprise. This approach can bring many social benefits, such as employment, training and wage subsidies in addition to the obvious environmental advantages of waste reduction.

 

This should be seen as an urgent priority for Council.”

Staff Comment:

The fee reduction recommended in Point 1 of the Notice of Motion could be modelled and presented in a future report to identify the consequences and impacts to the waste budget and future service levels.