Coffs Harbour City Council

20 February 2019

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 28 February 2019

 

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

 

  

General Manager's Reports

GM19/03         Conduct of the 2020 Ordinary Local Government Elections.......... 3

GM19/04         Prosper Coffs Harbour Limited Constitution....................................... 9

GM19/05         Membership - Australian Coastal Councils Association Inc.......... 29

GM19/06         Leasing and Licensing Policy for Community Organisations........ 40

GM19/07         2019 National General Assembly of Local Government - Call for Motions................................................................................................................... 63

Directorate Reports - Business Services

BS19/06          Bank and Investment Balances for January 2019................................ 82

BS19/07          Quarterly Budget Review Statement for December 2018............. 103

BS19/09          Release of Restriction on Use of Land Related to Properties Known as 2-8 Cobia Close, Korora............................................................ 122

BS19/10          Australasian Local Government Performance Excellence Program FY2018 Report  ................................................................................................... 126

Directorate Reports - Sustainable Communities

SC19/01          Planning Proposal to Rezone Land - Lot 111 DP 730304, 7 Tasman Street, Corindi Beach - Version 1 Pre Gateway Determination.. 276

SC19/02          Development Application No. 0472/18 - Demolition of Buildings (Five) - Lots 5, 6, 7, 8, 9 and 10, Sec 67, DP 758258, 357 Harbour Drive, Coffs Harbour ............................................................................................................... 427

SC19/03          2017-2021 Delivery Program (Year 2) - Six-Monthly Report - July to December 2018.................................................................................................... 444

SC19/04          Regulatory Framework Change to Parking Infringements - Government Notification............................................................................. 498

Directorate Reports - Sustainable Infrastructure

SI19/03           Relocation of Lime System to Karangi Water Treatment Plant Contract RFT-1020-TO...................................................................................... 502

SI19/04           City Centre Upgrade - Budget Adjustment.......................................... 505

SI19/05           Safety and Systems Management Project........................................... 511  

Questions on Notice

QON19/01      View Lines - Coffs Harbour Marine Rescue, Beacon Hill................ 516  


GM19/03      Conduct of the 2020 Ordinary Local Government Elections

Author:                        Governance Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM19/03  CONFIDENTIAL Regional Procurement - Tender Submission

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

ATT2  GM19/03  Office of Local Government Circular 19-02 8 February 2019  

 

Executive Summary

The next Local Government ordinary election is due to be held on 12 September 2020. NSW Councils have a number of options in how their elections can be administered within their Local Government Area, which include:

·     Entering an election arrangement by contracting the NSWEC to administer all elections, or

·     Not engaging the NSWEC and the elections of the Council be administered by the General Manager, or

·     Not engaging the NSWEC and engage another electoral services provider to administer all elections of the Council

Under section 296AA of the Local Government Act 1993 (the Act), Council must, by no later than 18 months before the next ordinary election of councillors, decide on how the September 2020 ordinary elections are to be administered.  However, the NSW State Government recently approved a review by the Independent Pricing and Regulatory Tribunal (IPART) of the costs of conducting local government elections in NSW.  This review could impact the administration of the September 2020 council elections, The Office of Local Government (OLG) have advised that there is a proposal to introduce legislation following the NSW State Election to amend the Act and extend the deadline for councils to make a decision on the administration of their elections to 1 January 2020.

This report details consideration into the best method of administering the 2020 election, with due regard to some uncertainty created by the IPART review.

 

Recommendation:

That Council, subject to the outcome of the Independent Pricing and Regulatory Tribunal (IPART) review into the costs of conducting local government elections in NSW, resolves:

1.   Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2.   Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3.   Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

 

Report

Description of Item:

Council engaged the NSWEC to administer the 2016 local Government election with the total cost of the election being $427,089.  To arrive at an estimate of the potential cost of the 2020 election run by the NSWEC, Council would need to factor in cumulative CPI, increased staff and facility costs.  To assist Council determine the best option for administering the 2020 election, Council participated in a joint tender process, conducted by NSW Regional Procurement, for the Provision of Local Government Election Services.  One tender submission was received in this process, a copy of which is provided in the Confidential Attachment to this report.

 

The NSWEC had advised that it would submit an estimate during January, however this has not occurred and initial enquiries suggests this is due to the NSW State Government recently approved review by the IPART of the costs of conducting local government elections in NSW.  The purpose of the IPART review is to ensure a robust methodology for determining costs is applied, in order to minimise the financial burden on councils and ratepayers and to ensure local government elections are conducted efficiently and cost effectively.  The Minister for Local Government has requested that IPART provide its report by 30 August 2019.

 

Under section 296AA of the Act, Council must, by no later than 18 months before the next ordinary election of councillors, decide on how the September 2020 ordinary elections are to be administered.  As the outcomes of the IPART review could impact the administration of the September 2020 council elections, the OLG have advised through a Circular (attached) that there is a proposal to introduce legislation in the first parliamentary sitting period of 2019, following the NSW State Election, to amend the Act to extend the deadline for councils to make a decision on the administration of their elections.  This extension would be to 1 January 2020.

Issues:

Despite the advice from the OLG in the attached circular, it cannot be guaranteed that the proposed changes will be passed by the next elected Government, nor could the OLG provide any proposed wording changes to the Act.  Therefore, if Council does not resolve to use the NSWEC before the legislated 18 month prior deadline, and the legislation does not change, Council may not be able to use the NSWEC if it were the best option for administering the election.

 

To address this, it is recommended that Council resolve to use the NSWEC as its election administrator subject to the outcome of the IPART review.  This will therefore allow Council the option to reassess its decision once the IPART review is complete and more information is available on the best method for administering the election.

Options:

The following options are available:

 

1.    Adopt the recommendation provided to Council, enabling Council to use the NSWEC subject to the result of the IPART Review.

2.    Amend or reject the recommendation, noting that this could affect Council’s ability to use the NSWEC to administer the 2020 Local Government Election.

Sustainability Assessment:

•     Environment

Not applicable to this report.

•     Social

There are no social implications associated with this report.

•     Civic Leadership

Running an effective election is consistent with the MyCoffs Community Strategic Plan Strategy D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The costs associated with conducting the Local Government Elections has been detailed in Council’s Delivery Program.

Risk Analysis:

There is a risk that, despite the OLG’s circular stating there is a proposal to amend the Local Government Act to extend the deadline for Councils to engage the NSWEC to 1 January 2020, the legislation will not be passed.  This could leave Council without the option to engage the NSWEC. Whilst this risk is considered low, it is prudent to mitigate the risk by engaging the NSWEC subject to the result of the IPART review.

Consultation:

Council has conducted relevant consultation with both internal and external stakeholders.

Related Policy, Precedents and / or Statutory Requirements:

Local Government Act, Part 6.

Implementation Date / Priority:

Immediate.

Conclusion:

The IPART review of the costs of conducting local government elections in NSW has created uncertainty with election costs and possible legislation changes.  Therefore, Council does not have enough information to determine the best method for administering the Coffs Harbour 2020 Local Government Election.  The recommendation contained in this report ensures Council still has the option to select the NSWEC, subject to the result of the State Government initiated IPART review.

 



 


 


GM19/04      Prosper Coffs Harbour Limited Constitution

Author:                        Group Leader Governance

Authoriser:                  General Manager

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  GM19/04  Prosper Coffs Harbour Ltd Constitution  

 

Executive Summary

Prosper Coffs Harbour Limited is seeking Councils endorsement to adopt an amended constitution.

 

Recommendation:

That Council adopt the amended constitution for Prosper Coffs Harbour Limited.

 

Report

Description of Item:

Prosper Coffs Harbour Limited (Prosper Coffs) was established by Coffs Harbour City Council, as a not-for-profit company to administer three charitable trusts whose core objectives are to develop a secure source of funds for important infrastructure.  The funds from these Trusts will be used to finance cultural and environmental projects across the city that contribute to and enhance the Coffs Harbour community and its culture of diversity.

 

Prosper Coffs is registered as a company limited by guarantee and operates as a legal entity separate from Coffs Harbour City Council, with Council being its sole member.  A company limited by guarantee:

 

·    is a common company structure used for not-for-profit and charitable organisations in Australia.

·    is a type of public company registered under the Corporations Act 2001 (Corporations Act).

·    formed on the principle that the liability of members is limited to the amount they agree to contribute if the company is wound up. This amount is typically nominal and set out in the company's constitution.

·    must comply with the applicable provisions of the Corporations Act.

·    will usually have a constitution that sets out specific rules governing the internal affairs of the company.

 

Prosper Coffs is governed by a constitution.  The original constitution was recently reviewed by Prolegis Lawyers, specialists in charity law, who recommended it be amended so it is reflective of Prosper Coffs being a sole member company.  In order for the constitution to be amended, the member (Coffs Harbour City Council) must adopt the changes by passing a special resolution as required by Corporations Act 2001 S136 (2).

 

Issues:

The constitution amendments were to modernise the constitution.  In addition, the amendments now state the elected Mayor is the member representative.  There was some ambiguity regarding this in the earlier constitution.

 

It is important to note the positions on the board are not remunerated.

Options:

1.   Adopt the recommendation as provided and amend Prosper Coffs constitution.

 

2.   Reject the recommendation, in which case Prosper Coffs will be governed by its existing constitution.  This is considered not ideal as the member’s representative ambiguity and other minor out-dated wordings will remain.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

Prosper Coffs is a separate entity to Council, however the subject of this report is aligned to the MyCoffs themes:

 

D1 Our leaders give us confidence in the future

C2 A natural environment sustained for the future

A1 A vibrant and inclusive place

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program/Operational Plan implications as a result of this report.

Risk Analysis:

Adoption of this report decreases the risk for Prosper Coffs Harbour Limited by removing an ambiguity in relation to who is the member’s representative and also by correcting some out-dated wording.

Consultation:

Consultation has occurred with Prolegis Lawyers who drafted the amended constitution. The amended constitution has also been endorsed by the Board of Prosper Coffs Harbour Limited and recommended to Council for endorsement.

Related Policy, Precedents and / or Statutory Requirements:

There is no related policy/precedent or statutory requirements associated with this report.

Implementation Date / Priority:

The amended constitution will take effect immediately upon Council’s resolution.

Conclusion:

An amended constitution for Prosper Coffs Harbour Limited is presented to Council, the sole member, for consideration and endorsement.

 


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GM19/05      Membership - Australian Coastal Councils Association Inc.

Author:                        Director Business Services

Authoriser:                  General Manager

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

Attachments:              ATT1  GM19/05  Australian Coastal Councils Association Inc. 2018 AGM Minutes  

 

Executive Summary

Council is a member of Australian Coastal Council’s Association Inc.; however, Council has not actively participated in the Association’s activities over recent years.  Council can access relevant advice and support on coastal management matters from the NSW Office of Environment and Heritage (OEH) and advocate for the community on coastal issues through its other Local Government sector memberships.  On that basis, it is considered appropriate to review Council’s ongoing membership of the Association.

 

 

Recommendation:

That Council discontinues its membership of Australian Coastal Councils Association Inc. from 2018-19.

 

Report

Description of Item:

The Australian Coastal Councils Association Inc. was initially established in 2005 as the National Sea Change Taskforce, which focused on the challenge of rapid growth in coastal areas.  In 2015 the name of the organisation was changed to the Australian Coastal Councils Association Inc., to reflect its role in addressing a broader range of coastal issues.

The objectives of the Association are:

·       To support and advance the interests of coastal councils and their constituencies;

·       To provide national leadership in addressing the impact of the sea change phenomenon;

·       To work collaboratively with local State and Federal Governments to develop a coordinated approach to managing population and tourism growth in coastal areas;

·       To assist coastal councils to increase their capacity to respond to coastal issues including projected climate change impacts and adaptation.

The association has approximately 45 financial members nationwide and a budget of approximately $250,000 per annum, mainly funded by membership fees.  Council’s annual membership fee for 2018-19, based on population, is $3,497.12, excluding GST.

Issues:

Council has been a member of the Association for a number of years; however, in recent years Council has not actively participated in the Association’s activities; such as:

 

·     Nominating a Councillor as a representative on the Association’s Steering Committee;

·     Attending and/or voting at the Annual General Meeting (AGM); or

·     Attending the annual conference.

 

Council receives a periodic newsletter from the Association and access to research publications undertaken from time to time.  However, these publications are also available free of charge from the association’s website https://coastalcouncils.org.au/.  A summary of the Associations’ annual activities can be found in the AGM’s minutes (2018 Minutes - Attachment 1).

 

In relation to coastal matters, Council receives support from the NSW Office of Environment and Heritage (OEH).  Further, Council’s focus over the next few years will be on updating Council’s Coastal Management Programs in line with NSW legislative requirements, for which OEH is best placed to assist.

 

Also, Council is a member of a number of Local Government sector organisations who provide forums for advocacy on a broad range of community issues.

 

Therefore, it is considered appropriate for Council to review its ongoing commitment to the Association and the value membership offers.

Options:

Council has two options to consider, being:

 

1.    Continue to renew its annual membership of Australian Coastal Council’s Association Inc.; or

2.    Discontinues its annual membership of Australian Coastal Council’s Association Inc.

 

Option 2 is recommended.

Sustainability Assessment:

•     Environment

Membership of the Australian Coastal Councils Association Inc. provides a mechanism for advocacy and capacity building on environmental issues such as growth pressures, climate change impacts and adaption.  However, Council’s broader Local Government sector memberships also provide forums to advance such issues.

•     Social

Membership of the Australian Coastal Councils Association Inc. provides a mechanism for advocacy on the management of population and tourism growth through sea change migration to the coast.  However, Council’s broader Local Government sector memberships also provide forums to advance such issues.

•     Civic Leadership

Membership of Local Government sector associations provides a mechanism for advocacy on key issues for the Coffs Harbour community.

•     Economic – Broader Economic Implications

There are no direct broader economic implications identified in relation to this matter.

•     Economic - Delivery Program/Operational Plan Implications

Council’s annual membership fee for 2018-19, based on population, is $3,497.12, excluding GST and is included in Council’s Operational Plan.

Risk Analysis:

Council is a member of a number of other Local Government sector associations such as:

 

·     Australian Local Government Association (ALGA);

·     Local Government NSW (LGNSW);

·     Regional Capitals Australia (RCA);

·     Regional Cities NSW;

·     Country Mayors Association of NSW; and

·     Mid-North Coast Regional Organisation of Councils (MIDROC).

 

These memberships provide Council with a number of avenues to pursue key issues for Coffs Harbour City Council on a sector-wide basis.

Consultation:

Internal consultation suggests that membership does not offer effective value at an officer level.  However, the Association also operates at the political level and may be considered by Councillors worthy of ongoing support.

Related Policy, Precedents and / or Statutory Requirements:

Council’s membership of any particular association is a matter for Council’s consideration and determination.

Implementation Date / Priority:

Council’s decision will be implemented immediately.

Conclusion:

Council’s ongoing membership of Australian Coastal Councils Association Inc. is considered appropriate for review, given Council has not actively participated in the Association’s activities in recent years and there are other avenues available for support and advocacy on coastal issues.

 


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GM19/06      Leasing and Licensing Policy for Community Organisations

Author:                        Property Officer Leasing and Licensing

Authoriser:                  Director Business Services

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

Attachments:              ATT1  GM19/06  Leasing and Licencing Policy for Community Organisations

ATT2  GM19/06  Guideline for Conditions of Tenure for Community Organisations

ATT3  GM19/06  Guideline for Assessment of Rental for Community Tenants

ATT4  GM19/06  CONFIDENTIAL Report on Submissions - Public Exhibition of Draft Leasing and Licensing Policy for Community Organisations

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 Council Property Strategy 2018-2021, adopted in March 2018, identified areas where improvement work was required on the leasing or licencing of property to community users.  This work has now been undertaken and has resulted in the provision of a Leasing and Licensing Policy for Community Organisations (Attachment 1), a Guideline for Assessment of Rental for Community Tenants (Attachment 2) and a Guideline for Conditions of Tenure for Community Organisations (Attachment 3).

 

Under the Policy and Guidelines, rental assessments are recommended to be calculated taking into account market valuation, type of entity and tenant’s capacity to pay.  The impact of this assessment will also allow for the effective measurement of Council’s contribution to community providers through the provision of subsidised rental.

 

The Policy and Guidelines, for the first time, provide a transparent and equitable process to be applied across all of the Coffs Harbour community who wish to utilise Council controlled.

 

As resolved by Council 11 October 2018 – Item BS18/57, the draft Policy and Guidelines have been through a public exhibition period.  Several suggestions were lodged and considered and the documents updated as required.  Adoption of the Policy is now sought.

 

 

Recommendation:

That Council:

1.       Adopt the Leasing and Licensing Policy for Community Organisations.

2.       Note the Guideline for Assessment of Rental for Community Tenants and the Guideline for Conditions of Tenure for Community Organisations.

 

Report

Description of Item:

The objective of the Leasing and Licensing Policy for Community Organisations and associated Guidelines is to provide a structured, transparent framework for the leasing and licensing of Council owned/controlled properties to community organisations.

 

Council maintains a significant portfolio of leases and licences to various community organisations.  This Policy seeks to establish a formalised process for the assessment of the contribution of such groups relative to Council's Community Strategic Plan.

 

The Policy further seeks to establish a formalised system to quantify Council's contribution to such groups through the provision of subsidised rents.  This Policy establishes the basis for joint responsibility for the long term sustainability of community facilities, whilst acknowledging the valuable contribution of community groups, and provides a structured approach to assistance through the leasing arrangements.

 

The Guidelines support the Policy to ensure that all such tenures are transparent and equitable.

 

The Guideline for Assessment of Rental for Community Tenants outlines the process for the determination of rent applicable to community organisations occupying Council owned/controlled properties.

 

The purpose of the Guidelines for Conditions of Tenure for Community Organisations is to provide a structured, transparent framework for the leasing and licensing of Council owned/controlled properties.

 

As resolved by Council 11 October 2018, the documents have been placed on public exhibition.  Although resolution stipulated a period of 28 days, a longer period of 42 days from 5 November 2018 to 17 December 2018 was exercised due to the nature of content and Council’s public engagement policy.  Additionally, all existing community tenants of Council facilities were written to advising them of the draft documents on public exhibition.

 

The confidential attachment includes the tabled responses from the public through Council’s Have Your Say website.

 


 

Issues:

Four (4) submissions were received during the public exhibition period. From these submissions, several comments/queries were reviewed for consideration and have been assessed as follows:

Further questions relating to the individual agreement with the enquiry are addressed as follows:

·     How do I know when our rent is scheduled for a market review?

       Market review arrangements are stipulated in the lease.

 

·     Will we be disadvantaged in comparison to other organisations who have not maintained their building when an independent valuer determines the market value of the building for Council to prices the rent?

       No, as there is provision within the pricing matrix to acknowledge organisation contribution to the premises.

 


 

·     How is “the total annual cost of maintaining the facility at agreed levels” determined?

       On a case by case basis during negotiation of agreement stage.

 

·     Can you please explain what “contribution made by the community group to the capital cost or level of intended investment in the capital infrastructure” means?

       It is a recognition of the contribution made to the physical amenity of the property by the Community Organisation which can result in an effective rebate or discount to rent.

 

·     Guideline for Conditions of Tenure:  Section 2, dot point 1 – Does this mean details of the arrangements for individual properties will be made public?

       This may be a future consideration however does not form part of the current process.

 

·     Will there be some form of proforma developed to address 3.1?

       This will be governed by Council’s Procurement Policy.

 

·     In relation to 3.1, what about existing & current leases/licences?

       Existing agreements will continue to be honoured as per the individual agreement.

 

·     3.4.1, will this be as a total or as individual parties?

       Both.  Each will be reported enabling a total to be determined.

 

·     3.6, Does this include additional grant funds?

       Yes, it may – this will be assessed on a case-by-case basis.

 

·     3.20, can these be divided into what Council as owner would routinely be responsible for and the lessee or tenant?

       This is done under arrangement at the outset by negotiation and will form part of the agreement.  It will have regard to type of premises and amenity of any building or structure.

 

·     What is meant by ‘Rental Calculation AxBxCxD’?

       The results from each of the matrix sections will be multiplied together to determine the rebated rental amount.

 

·     What does ‘Minimum Rent equal to application fee for use of Council Land Per Annum as per fees and charges’ have to do with the rental calculation?

       This refers to those groups such as Clubs who have a partial, occasional use of a public space and in which case the matrix will not apply.

Options:

1.    Adopt the recommendation and resulting in adoption of the Policy and noting of the associated Guidelines.

2.    Reject the recommendation and continue the current practice where inconsistent approaches are sometimes applied to leasing and licencing arrangements.

 

Sustainability Assessment:

•     Environment

The new Policy and Guidelines do not have any known or perceived environmental impacts.

•     Social

The new Policy and Guidelines provides a formalised system to quantify Council's contribution to community groups through the provision of subsidised rents and establishes a basis for joint responsibility for the long term sustainability of community facilities, whilst acknowledging the valuable contribution of community groups.

•     Civic Leadership

The new Policy and Guidelines significantly improve consistency and transparency in leasing and licencing of facilities to community organisations.  This demonstrates Council leadership through good governance and also facilitates deliver of the following MyCoffs Community Strategic Plan objectives through tenures to community groups.

 

A1.4      We enrich cultural life through art, learning and cultural endeavour.

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

D2.1     We effectively manage the planning and provision of regional public services and infrastructure.

•     Economic – Broader Economic Implications

Council acknowledges the valuable contribution made by the various community groups operating in the Local Government Area by, amongst other things, subsidising accommodation costs for the such groups.  The rent subsidy equates to the difference between the market rent of the property and the rent payable by the tenant. 

•     Economic - Delivery Program/Operational Plan Implications

There are no immediate impacts to the Delivery Program or Operational Plan.

Risk Analysis:

The Policy and Guidelines will see a change in current rental being paid for some community organisation and this may be an increase or a decrease depending on their circumstances.  It is therefore important for the communication to community organisations to clearly articulate the purpose of the draft documents to enable Council’s intentions to be fully understood.  Public exhibition of the draft Policy and Guidelines and consideration of submissions has reduced the risk of community dissatisfaction by ensuring adequate public consultation.

Consultation:

The Policy and Guidelines were placed on public exhibition for 42 days from 5 November 2018 to 17 December 2018.  Additionally, all existing community tenants of Council facilities were written to advising them of the draft documents on public exhibition.

Related Policy, Precedents and / or Statutory Requirements:

·     Local Government Act 1993

·     Local Government (General) Regulation 2005

·     Coffs Harbour Local Environment Plan 2013

·     Crown Lands Management Act 2016

·     The Crown Land Management Regulation 2018

·     Conveyancing Act 1919

·     Real Property Act 1900

·     Retail Leases Act 1994

·     Residential Tenancies Act 2010

·     Work Health and Safety Act 2011

·     Work Health and Safety Regulation 2011

·     Child Protection (Offenders Prohibition Orders) Act 2004

·     CHCC Property Strategy 2018-2021

·     Anti-Discrimination Act 1997

·     Community Land Development Act 1989

Implementation Date / Priority:

The Policy and Guidelines will be implemented immediately upon Council’s resolution.

Conclusion:

This report provides Council with an overview of the result of public exhibition of the draft Policy and Guidelines for leasing and licencing to community organisations.  The report seeks approval for the Policy to now be adopted.

 


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GM19/07      2019 National General Assembly of Local Government - Call for Motions

Author:                        General Manager

Authoriser:                  General Manager

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

Attachments:              ATT1  GM19/07  NGA of Local Government 2019 - Future Focused - Call for Motions Discussion Paper  

 

Executive Summary

This report provides notice that the Australian Local Government Association (ALGA) has advised that conference motions to be considered at the next National General Assembly (NGA) of Local Government are to be matters of policy significance to local government nationally and are to be submitted to ALGA by Friday 29 March 2019.

 

 

Recommendation:

That:

1.       Councillors submit any motions in line with the Australian Local Government Association Discussion Paper to the General Manager by Thursday 7 March 2019.

2.       A separate report of any motions received, be submitted for the Council Meeting of Thursday 28 March 2019.

 

Report

Description of Item:

The 2019 NGA of Local Government will be held at the National Convention Centre in Canberra on the 16-19 June 2019.

 

As the major event on the annual local government events calendar, the NGA typically attracts more than 800 mayors, councillors and senior officers from Councils across Australia.  The NGA is an opportunity for Council to contribute to the development of national local government policy and receive updates on the top policy issues facing local government nationally.

 

The ALGA Board is calling for motions for the 2019 NGA under this year’s theme “Future Focused”.

 

To be eligible for inclusion in the NGA Business Papers, motions must meet the following criteria:

 

1.    Be relevant to the work of local government nationally;

2.    Be consistent with the theme of the NGA;

3.    Complement or build on the policy objectives of state and territory local government associations;

4.    Be submitted by a council which is a financial member of their state or territory local government association;

5.    Propose a clear action and outcome; and

6.    Not ne advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

 

To assist councils in preparing motions, a Discussion Paper has been prepared and is provided as an attachment to this report.

 

The ALGA seeks all conference motions to be submitted no later than Friday 29 March 2019.

Issues:

Council representatives have in the past attended the ALGA NGA Conference.

 

As the closing date for conference motions is Friday 29 March 2019, Councillors should give consideration to any matter they may wish to raise with a view to submitting any proposed NGA motions as a Notice of Motion for Council’s consideration at its meeting of 28 March 2019.  This means that any Notices of Motion in respect of this matter will need to be with the General Manager by close of business on Thursday 7 March 2019.

Options:

It is proposed that the options will be considered within the report provided for any notices of motion that are lodged.

Sustainability Assessment:

•     Environment

Issues dealing with the environment are a regular feature on the agenda of the conference. The annual conference debates change to policy and strategy.

•     Social

Social issues are also debated and policy and strategy adopted.  Councillors attending the NGA are able to network socially with their colleagues from across the nation and interchange ideas and best practice.

•     Civic Leadership

The submission of motions to the ALGA NGA is a way in which Council is able to pursue civic leadership on behalf of its community.

•     Economic – Broader Economic Implications

There are no economic implications associated with this report.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program or Operational Plan implications.

Risk Analysis:

A risk analysis may need to be applied to the context of any motions submitted for the consideration of Council.

Consultation:

Council has submitted motions to previous ALGA National General Assembly’s.

Related Policy, Precedents and / or Statutory Requirements:

Council considers the need for conference motions each year.

Implementation Date / Priority:

Any proposed motions for the 2019 ALGA NGA will need to be submitted to the General Manager by close of business Thursday 7 March 2019, to enable the timeframes set by ALGA to be achieved.

Conclusion:

There is no compulsion on Council or Councillors to submit motions to the ALGA NGA.  However, should Councillors wish to pursue the submission of motions, the timeframes set out in this report will need to be adhered to.

 


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BS19/06       Bank and Investment Balances for January 2019

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/06   Monthly Investment Performance Report for the Month Ended 31 January 2019  

 

Executive Summary

Council’s Bank Balances and Investments as at 31 January 2019 totalled $209,690,241.80.  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 $209,690,241.80 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 January 2019.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 31 January 2019 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 January 2019 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 January 2019, it is noted that the total bank and investment balance was $209,690,241.80 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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BS19/07       Quarterly Budget Review Statement for December 2018

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/07   QBRS Budget Variations for the Quarter Ended December 2018

ATT2  BS19/07   QBRS Reports for the Quarter Ended December 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 31 December 2018:

2018/19 Original Budget 

2018/19 Revised Budget

2018/19 Projected Budget

2018/19 Dec YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

$97,342

$97,342

$98,912

$96,979

User Charges & Fees

$33,263

$42,584

$42,584

$22,629

Interest & Investment Revenue

$4,251

$4,311

$4,311

$3,319

Other Revenues

$16,676

$16,873

$15,380

$5,105

Grants & Contributions provided for Operating Purposes

$13,383

$13,538

$14,089

$5,659

RECURRENT REVENUE

$164,915

$174,648

$175,276

$133,691

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

$48,363

$52,147

$52,233

$30,238

Borrowing Costs

$9,723

$9,780

$9,780

$3,857

Materials & Contracts

$107,974

$152,209

$155,920

$51,747

 

 

 

 

 

 

2018/19 Original Budget 

2018/19 Revised Budget

2018/19 Projected Budget

2018/19 Dec YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Depreciation & Amortisation

$38,906

$43,042

$43,042

$20,170

Other Expenses

$10,026

$10,879

$11,370

$5,758

Less: Capitalised Expenses

(50,013)

(89,477)

(92,923)

(24,634)

RECURRENT EXPENDITURE

$164,979

$178,580

$179,422

$87,136

 

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

($64)

($3,932)

($4,146)

$46,555

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

$18,051

$34,364

$36,492

$8,000

CAPITAL REVENUE

$18,051

$34,364

$36,492

$8,000

 

 

 

 

 

NET SURPLUS

$17,987

$30,432

$32,346

$54,555

 

2.    Approve the following budget adjustments:

·   $214,362 increase in the budgeted net operating deficit;

·   $2,127,724 increase in budgeted capital revenue to be received;

·   $3,446,023 increase in the budgeted level of capital expenditure.

 

 

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 31 December 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 December 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 31 December 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 deterioration and negative number represents 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 represents a deterioration in the overall cash position.

·     Capital Expenditure

Adjustment to the level of capital expenditure.  A positive number represents an increase and negative number represents 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 represents 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 represents a deterioration in the overall cash position.

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 net surplus of $17,987,000 and an operating 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 net surplus of $32,346,000 and an operating deficit of $4,146,000 before capital revenue.  There has been deterioration in the operating result of $214,362 this quarter, with the majority of recommended changes funded by existing Council reserves.

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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BS19/09       Release of Restriction on Use of Land Related to Properties Known as 2-8 Cobia Close, Korora

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  BS19/09   Location of Restriction to be Released   

 

Executive Summary

Council has been requested by the legal representative of OpalCoffs Holdings Pty Limited to release a restriction on the use of land it owns known as numbers 2, 4, 6 and 8 Cobia Close, Korora.  The restriction prohibits development on a 10 metre wide portion of the properties adjoining the southern boundary of 2 to 6 Cobia Close and the southern and eastern boundary of 8 Cobia Close.  The properties are newly created residential lots developed by the above company and are heavily restricted by the encumbrance which limits their potential for dwelling construction.  The restriction was created in 1990 and was at the time required as a buffer to existing residential dwellings from the Opal Cove Resort.  Today plans for the extension of the resort have been abandoned at this location and the land has been developed as a low density tradition residential subdivision known as Korora Beach Estate.  As such the restriction affecting the 4 lots which is in favour of Council is no longer required.

 

 

Recommendation:

That Council:

1.   Agree to release the Restriction on Use of Land that affects Lots 32 - 35 DP 1237515 known as 2, 4, 6 and 8 Cobia Close, Korora.

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

3.   Agree to execute under seal any legal documents that maybe required to effect release of the restriction.

 

Report

Description of Item:

Council has been requested by the legal representative of OpalCoffs Holdings Pty Limited to release a restriction on the use of land that affects numbers 2, 4, 6 and 8 Cobia Close, Korora which are owned by the company.  The restriction prohibits development on a 10 metre wide portion on each property specifically adjoining the southern boundary of 2 to 6 Cobia Close and the southern and eastern boundary of 8 Cobia Close.  The location of the restriction is shown by hatching on the attached plan to this report.

 

The properties are newly created residential lots developed by the above company and are heavily impacted by the existence of the restriction which limits potential for dwelling construction.

 

The properties are zoned R1 General Residential under Coffs Harbour LEP 2013 and all are small domestic sized lots which are generally level.  The properties back onto existing and older detached residential homes that form part of an original subdivision of the Korora locality.

The restriction referred to in this report which is in favour of Council was created in 1990.  It was required as a buffer to existing and adjoining residential dwellings to the south of the Opal Cove Resort which at the time was proposed to expand into this area.  Today plans for the extension of the resort have been abandoned at this location and the land has been developed as a low density traditional residential subdivision known as Korora Beach Estate.  The location of the restriction affecting properties 2, 4, 6 and 8 Cobia Close is highly restrictive and compromises the use of the land for its intended purpose.

 

Because of the change to the use of land at this location the legal restriction benefiting Council is no longer required.

Issues:

There are no major issues.  The land use at this location has changed over the years and the original purpose of the restriction is no longer current or relevant.  Council will assess the impact on adjoining residential properties via the DA process for new applications that maybe received for the four lots affected.

Options:

Council have two options available:

 

1.    Agree to release the restriction as proposed.

2.    Not agree to the release of the restriction.

 

There is little or no reason not to consent to the release of the restriction which is supported by the land owner and the technical planning staff at Council.

Sustainability Assessment:

•     Environment

The processing of this matter and removal of the restriction will facilitate development of the land to its full potential.  Development of the properties affected will be subject to lodgement of separate Development Applications and any environmental issues will be considered at that time.

•     Social

The release if supported will facilitate development in closer proximity to adjoining low density residential properties to the south and east.  Any development proposed would need to have regard to impact on adjoining properties via the Development Application process as would be the case in all low density residentially zoned areas of the city.

•     Civic Leadership

The processing and release of the restriction as proposed will facilitate appropriate residential development of the lots impacted and will be consistent with the recent subdivision of this land and 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 the matter are to be the responsibility of the proponent and land owner.  There will be no costs to Council.

Risk Analysis:

There is considered little or no risk in processing the release of the restriction on the four lots as proposed by the owners of the land.

Consultation:

Development Assessment have advised that the restriction is no longer considered necessary given the typical residential and future low density residential development on lots 32-35.  By restricting the building envelope, the future dwellings on these lots are more likely to be two storeys to obtain the necessary floor area.  Removing the restriction will allow a reduced setback; however, will provide greater options for a single story dwelling with less impacts on the adjoining properties.  Impacts of future development on the adjoining properties will be considered and neighbours notified (if required) with each DA for the individual lots as per the DCP.  For these reasons, the release of the restriction is supported.

Related Policy, Precedents and / or Statutory Requirements:

The release of the restriction affecting the properties 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 resolution by executing the appropriate 20ECE Form for Cancellation or Extinguishment of Easement.

Conclusion:

A request has been made by the owner of four vacant residential lots at Korora to release a restriction that benefits Council and prohibits any structure to be constructed on part of these lots making them difficult to develop appropriately.  The restriction relates to a historical requirement in 1990 to buffer existing dwellings in this locality from the Opal Cove Resort Development.  The resort plans in this location have been abandoned and this area has now been approved and constructed as a low density residential subdivision.  As such there is no need for the restriction to continue to apply and Council should agree to release the restriction to facilitate appropriate development of the lots.

 

 

 


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BS19/10       Australasian Local Government Performance Excellence Program FY2018 Report 

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/10   Australasian LG Performance Excellence Program FY18 - Coffs Harbour City Council Report  

 

Executive Summary

In 2013 PwC Australia and LG Professionals NSW worked in collaboration to create the Australasian LG Performance Excellence Program.  The program uses PwC’s local government experience and analytics expertise to provide a local government sector based benchmarking approach.  Participants now include 139 Councils, 65 from New South Wales, 21 from New Zealand, 23 from South Australia, 28 from Western Australia, 1 from Queensland and 1 from the Australian Capital Territory.  Like Coffs Harbour City Council, 64% of participants or 89 Councils have resident populations between 10,001 and 100,000, and 40% of participants or 55 Councils are classified as Regional Councils.

 

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program and 2018 represents Council’s third year of participation.

 

This report presents to Council the 2017-18 Performance Excellence Report for Coffs Harbour City Council.  The results of the program will continue to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

 

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

In 2013 PwC Australia and LG Professionals NSW worked in collaboration to create the Australasian LG Performance Excellence Program.  The program uses PwC’s local government experience and analytics expertise to provide a local government sector based benchmarking approach.  Participants now include 139 Councils, 65 from New South Wales, 27 from New Zealand, 17 from South Australia, 31 from Western Australia and 1 from Queensland.  Like Coffs Harbour City Council, 65% of the participants are Councils with resident populations between 10,000 and 100,000, and 40% are classified as Regional Councils.

 

The program represents a contemporary industry-led system of Council performance measurement that has been delivering results for participating councils for over five years.  The program measures and provides Councils strategic and operational insights into; corporate leadership, workforce management, finance management, operations management, risk management, asset management and service delivery.  Using this information, each Council receives an annual Performance Excellence Report (Attachment 1) along with direct access to the additional Comparative Analysis Tool enabling Councils to drill into the program’s data themselves.  Uniquely, through the Comparative Analysis Tool participating Councils can compare and benchmark their performance against the overall sample, pre identified sub-segments of the sample, new bespoke segments (as created by the Council themselves), as well as all other individual identified participating councils in the sample.

 

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program and 2018 represents Council’s third year of participation.

 

The results of the program will continue to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

Issues:

Highlights from the attached 2017-18 Performance Excellence Report for Coffs Harbour City Council are outlined below.

 

The report highlights some very good achievements by Council compared to the survey population, which include:

 

1.    Lost time injury (LTI) days per 100 employees of 17 compared to the NSW survey population result of 88 days.  This reflects the continued focus and hard work of the Work, Health and Safety Team and the participation of the workforce in safety initiatives across Council.

 

2.    FTE per 1,000 residents and remuneration as a percentage of operating expenses both remain lower than the NSW survey population.

 

3.    Median sick leave is 4.2 days compared to the survey population of 5.9 days.  This is most likely due to improved management and the introduction of the sick leave incentive payment to staff.

 

4.    Although leave levels remain at the high end, particularly long service leave, the levels are declining through diligent management.

 

5.    Staff turnover rate measures are all below the NSW survey population levels.  It is particularly pleasing that turnover in the first year of employment is an extremely low 4%.

 

Several items for further attention have also been identified from the report. In each case actions are listed to ensure the issues are addressed as necessary.

 

It should be noted that comparisons made with other Councils always need to be cognisant and understanding of differences that exist in each Council’s definitions and methods of service delivery.

 

1.    Although overtime spend has stabilised and the gap between Council and the NSW Council median spend has narrowed, the gap is still significant.  A whole of organisation analysis has been completed since last year and is being worked through with senior leadership to ensure that our resourcing mix is optimised.

Actions:

·   Internal audit completed highlighting opportunities for improvement.

·   Senior leadership review and resource mix changes as appropriate.

·   Ongoing assistance from Organisational Development to optimise resource mix.

·   Ongoing overtime reporting for monitoring purposes.

 

2.    The ageing of the workforce is a common issue for the Local Government sector. During this year Organisational Development will complete a Talent Management Framework in accordance with the Workforce Plan Management Plan.  This will enable the rollout of formal and targeted talent identification, workforce development and succession planning strategies and actions during 2018-19 and subsequent years.

Actions:

·   Professional development conversions now embedded in the Performance Excellence process.

·   Complete Talent Management Framework.

·   Commence the rollout of Talent Management Framework strategies and actions in
2018-19.

 

3.    Council’s gender diversity is lower than the NSW population, although it needs to be noted that water and sewerage skews the result and that this issue is also more of a challenge for non-metro Councils.  Gender diversity is one aspect of diversity and talent management which Council is actively addressing through the implementation of its Gender Equality Strategies and Action Plan, which has been the subject of internal workshops and Councillor briefings.

Actions:

·   Continue implementation of Council’s Gender Equality Strategies and Action Plan.

·   Ongoing monitoring.

 

4.    Labour hire use remains above the median; however, from analysis undertaken to date this relates heavily to the resourcing mix Council uses for seasonal work and due to the inclusion in reporting of activities, such as Holiday Parks.  The use of labour hire will continue to be monitored.

Actions:

·   Ongoing labour hire reporting for monitoring purposes.

Options:

As the report is provided only for noting no options analysis is provided.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

Participating in relevant benchmarking programs demonstrates Council’s openness and transparency to self-evaluation, accountability and comparison.  The results of the program will be used to inform areas of focus for Council’s workforce planning and continuous improvement initiatives with the aim to deliver service improvement and/or efficiency for Council and the community.

•     Economic – Broader Economic Implications

There are no direct broader economic impacts from this report.

•     Economic - Delivery Program/Operational Plan Implications

Council’s participation in the program is funded through the Delivery Program / Operational Plan and costs $15,250 per annum for each of the three years 2015-16 to 2017-18.

Risk Analysis:

Publishing the 2017-18 Performance Excellence Report for Coffs Harbour City Council provides further transparency on Council’s operations and performance.  This information may be misused out of context and therefore may present some reputational risk for Council.  However; being open and honest with the community enhances Council’s reputation.

Consultation:

Consultation has occurred with the broader leadership of Council.

Related Policy, Precedents and / or Statutory Requirements:

The following information and disclaimer is required by PwC to be published when the Performance Excellence Report is shared with third parties:

 

Sharing Results with Third Parties

 

This report has been provided to each participating council so that a participating council can understand how it compares to the aggregated findings and for no other purpose.  The report is intended for the participating council recipient only.

 

This report, including all data and comparative insights contained in it, is confidential to PwC and the participating council.  Except as set out below, the report should not be disclosed in whole or in part to another person unless agreed with PwC and the council.

 

As agreed in the survey agreement with the participating councils, each participating council is permitted to share the report with third parties as part of a council meeting, on a council website, or with other Participating Councils provided it is shared in its entirety and the following words are included with the report when the report is provided:

 

“The information and/or metrics referred to are extracted from the Australasian Local Government Performance Excellence Program survey (survey) conducted by PricewaterhouseCoopers and commissioned by LG Professionals, NSW.  The survey was not conducted for the specific purposes of the council and was limited to only the councils who participated in it and based on the data they provided.  The reliability, accuracy or completeness of this information has not been verified by PwC, LG Professionals, NSW or any other person.

 

Accordingly, no one should act on the basis of this information and neither LG Professionals, NSW nor PwC accepts any responsibility for the consequences of any person’s use of or reliance on this information or any reference to it.”

Implementation Date / Priority:

The report is for noting only.  However, the results of the program will be used to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

Conclusion:

This report presents to Council the 2017-18 Performance Excellence Report for Coffs Harbour City Council for consideration and noting.

 


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SC19/01       Planning Proposal to Rezone Land - Lot 111 DP 730304, 7 Tasman Street, Corindi Beach - Version 1 Pre Gateway Determination

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/01   Planning Proposal to Rezone Land - Lot 111 DP 730304, 7 Tasman Street, Corindi Beach - V1 Pre Gateway Determination

ATT2  SC19/01   Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 12 (7 Tasman Street, Corindi Beach)  

 

Executive Summary

An application has been received by Council to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to enable low density residential development and tourist and visitor accommodation (a motel) on 7 Tasman Street, Corindi Beach (Lot 111 DP 730304). 

The subject land is one of the last remaining significant greenfield sites in the coastal village of Corindi Beach. The land is included in the growth area footprint of Council’s Local Growth Management Strategy (Urban Lands Component 2008) and North Coast Regional Plan 2036.

The purpose of this report is to seek Council’s endorsement to initiate a Planning Proposal (Attachment 1) to amend Coffs Harbour LEP 2013 to rezone the subject land from Zone RU2 Rural Landscape to Zone R1 General Residential and R2 Low Density Residential.

This report also seeks Council’s endorsement to amend Coffs Harbour Development Control Plan (DCP) 2015 (Attachment 2) to align with the proposed land use zones.

 

Recommendation:

That Council:

1.       Endorse and forward a Planning Proposal (Attachment 1) to rezone land on Lot 111 DP 730304, 7 Tasman Street, Corindi Beach to NSW Planning and Environment seeking a “Gateway Determination”.

2.       Request that the Secretary of NSW Planning and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 3.36(2) of the Environmental Planning and Assessment Act in respect of the Planning Proposal.

3.       Resolve to publicly exhibit the Planning Proposal and undertake government agency consultation based on the Gateway Determination issued by NSW Planning and Environment.

4.       Resolve to publicly exhibit Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 12 (7 Tasman Street Corindi Beach) (Attachment 2) concurrently with the associated Planning Proposal.

5.       Note that a further report will be brought back to Council for consideration following public exhibition of the Planning Proposal and Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 12.

 

Report

Description of Item:

An application to amend Coffs Harbour LEP 2013 has been received by Council to enable low density residential development and tourist and visitor accommodation (a motel) on 7 Tasman Street, Corindi Beach (Lot 111 DP 730304).  The proposed land uses are currently prohibited within Zone RU2 Rural Landscape under Coffs Harbour LEP 2013.

The application has been subject to a peer review by Council’s Local Planning Section and has been determined to have merit as it accords with Council’s adopted and endorsed Local Growth Management Strategy. In this regard, a Planning Proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 (‘The Act’) to initiate an amendment to Coffs Harbour LEP 2013 and is provided as Attachment 1 to this report.

·        The Subject Land:

The Planning Proposal affects land at 7 Tasman Street (Lot 111 DP 730304) Corindi Beach (Figure 1). 

Figure 1 – Subject Land

The subject land is located on the south-western interface of Corindi Beach. The 4.3ha site slopes gently from the north to the south and is currently occupied by the Amble Inn (tavern) at the northern extremity of the site, while the remainder of the land is vacant. A dwelling (1 Coral Street) is located adjacent to the north of the land, while a large low density residential development is located further to the north and immediately to the east of the subject land.

An area of undeveloped land within Zone B1 Neighbourhood Centre under Coffs Harbour LEP 2013 is also located immediately to the east. The old Pacific Highway is located to the west of the subject land, with the realigned Pacific Highway further to the west. Environmentally constrained land, including wetlands are located to the south and south-east of the subject land. 

The subject land is included within the Coffs Harbour Local Growth Management Strategy (Urban Lands Component 2008) as an “investigation area for a future motel” and was endorsed by the then NSW Planning on 18 November 2009. It is also identified within the North Coast Regional Plan 2036 as an “Investigation Area – Urban Land”.

·        Existing / Proposed Zoning of the Subject Land

The subject land is within Zone RU2 Rural Landscape under Coffs Harbour LEP 2013. An existing non-conforming use (Tavern) is located on the northern part of the subject land. Whilst this land use was permissible when it was developed on the land under a previous planning instrument, the land use is now defined as a ‘Pub’ under Coffs Harbour LEP 2013 which is prohibited within Zone RU2 Rural Landscape.

The proposal to rezone the land will facilitate the ongoing operation of the Tavern and allow ancillary development of motel accommodation and other uses commonly associated with a Pub. The application of Zone R1 General Residential under Coffs Harbour LEP 2013 is considered appropriate for the northern part of the subject land as it permits a number of compatible land uses, including a motel. The remainder of the subject land is vacant surplus land that is proposed for low density residential development.

Accordingly, the planning proposal seeks to rezone the subject land to Zone R1 General Residential and Zone R2 Low Density Residential under Coffs Harbour LEP 2013.

A two lot subdivision of the land was approved by Council in March 2013 (0825/12DA). The resulting subdivision lot configuration corresponds with the proposed land use zones within the Planning Proposal.

Existing and proposed zones are shown in Figure 2.

Figure 2 – Existing and Proposed Land Use Zones

Issues:

·        Local Growth Management Strategy

The proposed amendment to Coffs Harbour LEP 2013 is consistent with the Coffs Harbour Local Growth Management Strategy (Urban Lands Component 2008), which was endorsed by the then NSW Planning on 18 November 2009.

The proposed rezoning will assist to strengthen the sense of place; deliver housing diversity and choice; provide walkable neighbourhoods; and support economic and social functions of local centres. 

Further, the subject land can be efficiently serviced and has access to established centres through its proximity to the village of Corindi Beach and the Pacific Highway. Potential future amenity impacts between the pub/motel and the proposed low density residential development to the south (and east) have been discussed in the Planning Proposal (Attachment 1).

·        Motel Development

The subject land contains a Tavern which was approved by the former Ulmarra Shire Council in 1986.  At the time, overnight accommodation was also included in the approved plans, which showed six motel units as a second stage. 

Since the adoption of the Coffs Harbour Local Growth Management Strategy (Urban Lands Component) in 2008 and its endorsement by the then NSW Planning in 2009, the Woolgoolga to Wells Crossing Pacific Highway deviation project has been completed and the capacity of services infrastructure within the area has significantly improved. 

 

The subject land received an approval for a two lot subdivision in 2013, however no formal process has been initiated in relation to a motel development.  From a locational perspective, the land is seen as a suitable location for a motel development for the following reasons:

-     suitable road network access;

-     availability of utility services;

-     allotment size;

-     absence of environmental hazards and constraints;

-     proximity to existing residential and business land; and

-     proximity to the coastline and beach.

Options:

Council has two options in relation to this matter as follows:

1.   Resolve to adopt the recommendations of this report and initiate the Planning Proposal.

Comment: This option supports and implements Council’s Local Growth Management Strategy.

2.   Resolve not to adopt the recommendations of this report and not to initiate the Planning Proposal.

Comment: This option does not achieve the objectives of Council’s Local Growth Management Strategy.

It is recommended that Council pursue Option 1.

Sustainability Assessment:

•     Environment

Environmental sustainability issues are summarised in the Planning Proposal provided as Attachment 1 to this report. Environmental sustainability issues are also required to be addressed as part of any future development application should the planning proposal be initiated.

•     Social

Social sustainability issues are summarised in the Planning Proposal provided as Attachment 1 to this report. The proposed land use zones would make a positive contribution to the growth of Corindi Beach. The new land use zones would provide additional land for residential, and tourist and visitor accommodation uses, while also recognising the existing Tavern on the site and supporting its ongoing operation and enhancement.

The additional residential lots will add to housing choice and increased land stock in the locality. The proposal is not considered to place unreasonable demands on existing social services in the Corindi Beach village or the immediate area.

•     Civic Leadership

The Planning Proposal accords with relevant objectives and associated strategies of the MyCoffs (Community Strategic) Plan.

•     Economic – Broader Economic Implications

In terms of capital investment, additional land for residential, and tourist and visitor accommodation uses has the potential to generate additional income and employment for the local economy.

•     Economic - Delivery Program/Operational Plan Implications

The proposed amendment to Coffs Harbour LEP 2013 is a proponent led project, therefore Council’s adopted fees and charges apply. In this regard there are no implications for Council’s Delivery Program or Operational Plan as this process is funded by the applicant.

Risk Analysis:

The Planning Proposal provided as Attachment 1 to this report addresses the constraints that affect the land, sufficient to allow Council to support the application and initiate the Planning Proposal to the Gateway Determination stage.  The Planning Proposal demonstrates that the constraints affecting the land can be managed effectively, therefore minimising associated risks.

Consultation:

Should Council resolve to initiate the Planning Proposal and a Gateway Determination is subsequently issued by NSW Planning and Environment, the proposal is required to be exhibited in accordance with the Gateway Determination and relevant provisions of The Act. Consultation with Government agencies and other stakeholders may also be required if specified within the Gateway Determination.

Related Policy, Precedents and / or Statutory Requirements:

The following policies and statutory documents are relevant to this report and have been considered in the preparation of the Planning Proposal:

-     Environmental Planning and Assessment Act 1979 and Regulations;

-     State Environmental Planning Policies (SEPPs);

-     Section 9.1 Ministerial Directions;

-     North Coast Regional Plan 2036;

-     My Coffs Community Strategic Plan;

-     Coffs Harbour Local Growth Management Strategy;

-     Coffs Harbour Local Environmental Plan 2013; and

-     Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

Should Council resolve to initiate the Planning Proposal, it will be immediately forwarded to NSW Planning and Environment, requesting a Gateway Determination. The timeframe for the completion of this Planning Proposal is governed by the Act and thus is determined by NSW Planning and Environment.

Conclusion:

The purpose of this report is to seek Council’s endorsement to initiate a Planning Proposal to amend Coffs Harbour LEP 2013 to rezone 7 Tasman Street, Corindi Beach from Zone RU2 Rural Landscape to Zone R1 General Residential and R2 Low Density Residential.

The proposed LEP amendment accords with the North Coast Regional Plan 2036 and Council’s adopted and endorsed Local Growth Management Strategy. The proposal would make a positive contribution to the growth of Corindi Beach and provide additional land for residential, and tourist and visitor accommodation uses, whilst also recognising the existing Tavern on the subject land and supporting its ongoing operation and enhancement.

 


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SC19/02       Development Application No. 0472/18 - Demolition of Buildings (Five) - Lots 5, 6, 7, 8, 9 and 10, Sec 67, DP 758258, 357 Harbour Drive, Coffs Harbour

Author:                        Development Assessment Officer - Senior

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/02   Development Application 0472/18 - Section 4.15C Evaluation

ATT2  SC19/02   Development Application 0472/18 - Plans

ATT3  SC19/02   Development Application 0472/18 - Draft Conditions

ATT4  SC19/02   CONFIDENTIAL Development Application 0472/18 - 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.  

 

Executive Summary

This report provides an assessment of Development Application 0472/18DA for the demolition of five (5) buildings at Lots 5, 6, 7, 8, 9 and 10, Section 67 DP 758258, 357 Harbour Drive, Coffs Harbour.

At its meeting of 22 August 2013, Council adopted the ‘Development Applications - Consideration by Council Policy’, which outlined:

That development applications for approval involving substantial aspects of the following elements be referred to Council for determination:

a)   Significant public interest and community input;

b)   A proposed variation to the Local Environmental Plan that varies from the development standard by more than 10%;

c)   Significant land use; and

d)   Major environmental issues.

The proposal involves the demolition of a building, referred to in this Report as Building 5, that has known heritage values. The proposed demolition of this building may result in major environmental and social impacts. Accordingly, this matter is reported to Council for determination in accordance with part d) of the Council resolution.

It is recommended that the application be determined in accordance with section 4.16 (4)(b) of the Environmental Planning & Assessment Act 1979 by way of a ‘partial consent’. It is recommended that the development be approved, with the exception of the demolition of the building referred to in the submitted application and as shown on the ‘Demolition Plan’, prepared by Bennell & Associates, as Building 5 (the former Forestry Commission headquarters building).

 

Recommendation:

That Council:

1.       Issue a partial consent in accordance with section 4.16 (4)(b) of the Environmental Planning & Assessment Act 1979 for Development Application No. 0472/18 being Demolition of Buildings (Five) at Lots 5, 6, 7, 8, 9 and 10, Sec 67, DP 758258, 357 Harbour Drive, Coffs Harbour subject to the conditions provided in Attachment 3.

2.       Advise persons who made a submission on Development Application No. 0472/18 of Council’s decision.

Report

Description of Item:

·     The Site

The site is Lots 5, 6, 7, 8, 9 and 10, Sec 67 DP 758258, 357 Harbour Drive, Coffs Harbour.  The property, as shown below, is bounded by Harbour Drive to the south, Hood Street to the west and Gilbey Lane to the north. The combined area of the lots is approximately 3,179.04m2. The site is regular in shape.

The site currently accommodates existing commercial development, being five buildings. These buildings are referred to in the submitted application and this report as buildings 1 – 5. Four of these buildings are single-storey structures, with the remaining building being a three-storey structure. Until recently the site accommodated the NSW Forestry Commission, with Building 5 utilised as their headquarters.

The site is zoned B4 Mixed Use under the Coffs Harbour Local Environmental Plan 2013.

·     The Development

The proposed development involves the demolition of the five buildings described above, leaving a vacant site.

Issues:

Heritage Listing Considerations

Until recently the buildings accommodated the NSW Forestry Commission, with Building 5, the “former’ Forestry administration building, being used for their headquarters. Building 5 was identified in the 2015 community based Coffs Harbour Heritage Study (the Study) as an item of local significance. The Study recommended that the item be listed in Schedule 5 of the Coffs Harbour Local Environmental Plan (LEP) 2013 as local heritage item, with further analysis to be undertaken with the view of potentially nominating the building for State Heritage Listing.  At its meeting of 14 April 2016 Council resolved to adopt Parts 1 and 2 of the revised final version of this Study and note the findings of Parts 3 – 5. 

At its meeting of 12 April 2018, Council considered a report on a number of potential heritage items of local and state significance.  At this meeting, Council resolved not to proceed with the inclusion of several items recommended for heritage significance in the Coffs Harbour Local Environmental Plan, one of which was the Building 5 “former’ Forestry administration building, 357 Harbour Drive, Coffs Harbour:

While noting the decision not to proceed with any further heritage listing of the former Forestry building, Council is obligated to assess the heritage impacts as part of the Section 4.15C Evaluation.

Development Assessment Considerations

The following key issues have been identified during the assessment process:

-     heritage values of Building 5; and

-     expected unacceptable environmental and social impacts, resulting from the proposed demolition of Building 5.

These assessment matters are discussed in detail in the attached Section 4.15C Evaluation.

Options:

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

2.   Reject the recommendation and grant ‘full consent’ to the application, subject to conditions.

3.   Reject the recommendation and list reasons for refusal to the application.

It is recommended that Council pursue option one, as outlined above.

Sustainability Assessment:

•     Environment

The development, as proposed involving the demolition of Building 5, is expected to result in unacceptable environmental impacts. A complete assessment of potential environmental impacts is provided in the Section 4.15C Evaluation Report as Attachment 1 to this report.

•     Social

The development, as proposed involving the demolition of Building 5, is expected to result in unacceptable social impacts. A complete assessment of potential social impacts is provided in the Section 4.15C Evaluation Report as Attachment 1 to this report.

•     Civic Leadership

MyCoffs Community Strategic Plan:

The proposed demolition, involving Building 5, is considered to be inconsistent with the ‘MyCoffs Community Strategic Plan’. Specifically, the proposed demolition of Building 5 is not consistent with the ‘A Place for Community’ theme, which requires amongst other things, that “local heritage is protected and the stories behind it shared”.

•     Economic – Broader Economic Implications

The proposed demolition is not expected to result in any significant broader economic implications.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications for Council’s Delivery Program/adopted Operational Plan.

Risk Analysis:

A risk analysis has been undertaken and it is considered that approval of the development application as recommended, does not pose a significant risk to Council.

Consultation:

The proposed development has been advertised and notified in accordance with the requirements of the Coffs Harbour Development Control Plan 2015 for a period of 14 days and five (5) submissions were received.

A full copy of all of the submissions is a confidential attachment to this report (Attachment 4) as the submissions may contain personal or private information or other considerations against disclosure as prescribed under the Government Information (Public Access) Act 2009.

Related Policy, Precedents and / or Statutory Requirements:

·    Section 4.15C – Evaluation of the Environmental Planning and Assessment Act 1979

The matters, which can be considered in the assessment of a development application, are limited to those specified in Section 4.15C of the Environmental Planning and Assessment 1979.

A Section 4.15C Evaluation is provided as Attachment 1.

·    Other Relevant Statutory Instruments

Other statutory instruments relevant to the assessment of the proposed development include the following:

-     Environmental Planning and Assessment Regulation 2000

-     Coffs Harbour Local Environmental Plan 2013

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

-     State Environmental Planning Policy (Coastal Management) 2018

-     Coffs Harbour Development Control Plan 2015

Each of these statutory instruments is considered in detail in the Section 4.15C Evaluation appended to this report.

Implementation Date / Priority:

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

Conclusion:

This report provides an assessment of the application that has been undertaken in accordance with all statutory requirements and it is recommended that the application be determined in accordance with section 4.16 (4)(b) of the Environmental Planning & Assessment Act 1979 by way of a ‘partial consent’. It is recommended that the development be approved, with the exception of the demolition of the building referred to in the submitted application and as shown on the ‘Demolition Plan’, prepared by Bennell & Associates as Building 5 (the former Forestry Commission headquarters building).

 


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ADMINISTRATIVE CONDITIONS

 

Partial Consent – Section 4.16 (4)(b) of the Environmental Planning and Assessment Act 1979:

 

1.   This development consent provides a ‘Partial Consent’ pursuant to Section 4.16 (4)(b) of the Environmental Planning & Assessment Act 1979. The building referred to in the submitted application and as shown on the ‘Demolition Plan’, prepared by Bennell & Associates as Building 5 (the former NSW Forestry Commission headquarters buildings) is not approved.

 

 

Development Description:

 

2.   Development consent is granted only to carrying out the development described in detail below:

 

(1)        Demolition of Buildings (Buildings 1 – 4, as shown on the ‘Demolition Plan’, prepared by Bennell & Associates). 

 

Prescribed Conditions:

 

3.   The proponent shall comply with the prescribed conditions of development approval under Clauses 97A, 98, 98A - E of Environmental Planning and Assessment Regulation 2000 as are of relevance to this development.

 

 

Development in Accordance with Plans:

 

4.   The development is to be implemented in accordance with the plans set out in the following table except where modified by any conditions of this consent (Development Consent No 0472/18).

 

Plan No.

Prepared by

Date stamped by Council

Demolition Plan

Bennell & Associates

14/02/2019

 

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

 

The approved plans endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

 

 

PRIOR TO COMMENCEMENT OF DEMOLITION WORKS

 

Erosion and Sediment Control:

 

5.   Prior to commencement of work on the site for each stage of the development, erosion and sedimentation control measures are to be installed and operational including the provision of a “shake down” area where required to the satisfaction of the Principal Certifying Authority.

 

 

Removal of Hazardous Materials:

 

6.   All hazardous materials shall be removed from the site and shall be disposed of at an approved waste disposal facility in accordance with the requirements of the relevant legislation, codes, standards and guidelines, prior to the commencement of any building works.  Details demonstrating compliance with the relevant legislative requirements, particularly the method of containment and control of emission of fibres to the air, are to be submitted to the satisfaction of the Principal Certifying Authority prior to the removal of any hazardous materials.

 

Asbestos removal

 

7.   Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under Clause 458 of the Work Health and Safety Regulation 2011,

 

The person having the benefit of the development consent must provide the Principal Certifying Authority with a copy of a signed contract with such a person before any development pursuant to the development consent commences,

 

Any such contract must indicate whether any bonded asbestos material or friable asbestos material will be removed, and if so, must specify the landfill site (that may lawfully receive asbestos) to which the bonded asbestos material or friable asbestos material is to be delivered,

 

If the contract indicates that bonded asbestos material or friable asbestos material will be removed to a specified landfill site, the person having the benefit of the development consent must give the Principal Certifying Authority a copy of a receipt from the operator of the landfill site stating that all the asbestos material referred to in the contract has been received by the operator.

 

Demolition Works:

 

8.   All works including (where relevant) the handling and disposal of materials containing asbestos, are to be undertaken in accordance with the relevant requirements of WorkCover NSW, the Work Health and Safety Act 2011 and Australian Standard AS 2601-2001 “The Demolition of Structures”.

 

Prior to demolition all services are to be disconnected and capped off.  Coffs Harbour Water is to be notified two working days prior to demolition of the intention to commence the works.  Disconnection of any sewer drainage lines shall be sealed to prevent ingress of water and debris into the sewerage system.

 

Where water and sewerage services are no longer required the required fee for disconnection being paid to Coffs Harbour Water prior to the commencement of any demolition work.

 

 

Demolition Bond:

 

9.   A damage deposit and administration fee as determined by Council's Fees and Charges Schedule shall be lodged with Council as a bond to cover possible damage to Council’s property that may result during the removal of demolition material from the site.  The deposit is to be lodged with Council and arrangements made for a dilapidation survey to be undertaken to assess the condition of Council property adjoining the land prior to the commencement of demolition work.

 

 

DURING DEMOLITION WORKS

 

Approved Plans to be On-Site:

 

10. A copy of the approved and certified plans, specifications and documents incorporating the conditions of approval and certification shall be kept on the site at all times and shall be readily available for perusal by any officer of Council or the Principal Certifying Authority.

 

Waste and Contamination:

 

11. The exportation of waste (including fill or soil) from the site must be in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the Office of Environment and Heritage “Waste Classification Guidelines”.

 

Any new information that comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Principal Certifying Authority.

 

Dust Control Measures:

 

12. Adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood during construction.  In particular, the following measures must be adopted:

 

(1)     All materials shall be stored or stockpiled at the best locations;

(2)     The surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that runoff occurs;

(3)     All vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust or other materials;

(4)     Cleaning of footpaths and roadways shall be carried out regularly;

(5)     Rumble grids being installed at access points to the site.

 

Hours of Work:

 

13. Construction works are to be limited to the following hours:

 

Monday to Friday    7.00 a.m. - 6.00 p.m.

Saturday        7.00 a.m. - 1.00 p.m. if inaudible from adjoining residential properties, otherwise 8.00 a.m. - 1.00 p.m.

 

No construction work is to take place on Sunday and Public Holidays.

 

Public Way to be Unobstructed:

 

14. The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances.

 


SC19/03       2017-2021 Delivery Program (Year 2) - Six-Monthly Report - July to December 2018

Author:                        Senior Corporate Planner

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC19/03   Six Monthly Progress Report Jul - Dec 2018  

 

Executive Summary

Under the Local Government Act, Council is required to report six-monthly on its progress against the principal activities detailed in the Delivery Program.

The Six-Monthly Progress Report (for the period 1 July to 31 December 2018) on the Coffs Harbour City Council 2017-2021 Delivery Program (Year 2) is tabled at this time. The Six-Monthly Progress Report identifies achievements and challenges recorded during the reporting period and provides updates on Council services, projects and key operational activities.

There are 240 Operational Plan actions detailed in the six-monthly report. The majority are recorded as being On Track; 30 are listed as Needing Attention and one as Critical, generally reflecting the impacts of external factors.

The report represents the considerable record of achievement by Council and its workforce in delivering positive outcomes for the Coffs Harbour community. The reporting period saw many highlights including:

-     The opening of the new; $450,000 Bardens Bridge at Crossmaglen;

-     The roll-out of the ‘Trading Places’ scheme to enhance footpath use in business areas;

-     Winning the globally-acclaimed International Festivals and Events Association (IFEA) World Festival and Event City Award for the fourth year in a row;

-     Coffs Harbour being named the Most Innovative Regional Council at the inaugural WAVE awards for enterprise development;

-     Steady progress in the planning for a new Cultural and Civic Space in Coffs Harbour;

-     The launch of the “MyCoffs Connect” online directory and calendar of events supporting community groups and service providers;

-     Council’s Jetty4Shores Project winning the NSW Minister for Local Government’s 2018 Award for Innovation in Local Government Engineering;

-     Community engagement to refine concept plans to revitalise City Square;

-     The Woolgoolga Town Centre Masterplan project winning the Urban Design Award at the AILA NSW Landscape Architecture Awards;

-     Council winning the Local Government NSW Award for Culture Change Innovation/Excellence for its Precinct Place Planning Strategy;

-     Coffs Harbour joining the Cities Power Partnership to help tackle greenhouse gas pollution and climate change;

-     Significant investment in upgrading all four Coffs Coast Holiday Parks;

-     An upgrade of digital cinema projection equipment at Jetty Memorial Theatre;

-     Extensive water, sewer and transport asset works;

-     Delivery of land management, environmental and sustainability initiatives; and

-     Delivery of a range of community, economic and sporting programs.

 

Recommendation:

That Council:

1.       Adopts the attached Six-Monthly Progress Report (for the period 1 July to 31 December 2018) on the Coffs Harbour City Council 2017-2021 Delivery Program (Year 2) for public release.

2.       Amends the 2018/19 Operational Plan in regard to the actions detailed in the Issues section of this report.

 

Report

Description of Item:

Coffs Harbour City Council began implementing its 2017-2021 Delivery Program (Year 2) on 1 July 2018. The Delivery Program must include a method of assessment to determine the effectiveness of Council’s principal activities in achieving the objectives of the MyCoffs Community Strategic Plan. Progress reports must be provided to Council at least every six months. While it is a legislative requirement, the Six-Monthly Progress Report also represents a valuable opportunity for the organisation to evaluate its performance and account to the local community.

The Six-Monthly Progress Report (for the period 1 July to 31 December 2018) on the Coffs Harbour City Council 2017-2021 Delivery Program (Year 2) is tabled at this time. Once adopted, the six-monthly Report will be posted on Council’s website and printed copies will also be made available at Council’s display locations.

Issues:

The Six-Monthly Progress Report is an overview of Council’s activities that respond to the objectives and strategies of Coffs Harbour’s MyCoffs Community Strategic Plan. It refers to the period 1 July to 31 December 2018.

In the 2017-2021 Delivery Program (Year 2), Council details a range of actions (projects and ongoing tasks) that are aligned with one or more of the Strategies that are set out in the Community Strategic Plan.

The updates include ‘traffic lights’ which indicate whether an action is On Track (green light), Needs Attention (yellow light), or Critical (red light). A grey traffic light indicates that an action is On Hold - in these cases, the action may be yet to start, not active this reporting cycle, or awaiting funding or the outcome of other processes including the development of data systems.

During the period, progress reports were submitted for a total of 240 actions implemented by Council. The updates indicate the majority of actions are On Track. A total of 30 actions are recorded as Needing Attention and one as Critical; these reflect resourcing/workload issues, delays associated with the introduction of new systems or processes, and/or the impact of external factors. Progress reports indicate how it is proposed to bring these actions back On Track.

The report represents the considerable record of achievement by Council and its workforce in delivering positive outcomes for the Coffs Harbour community. The reporting period saw many highlights including:

-     The opening of the new; $450,000 Bardens Bridge at Crossmaglen;

-     The roll-out of the ‘Trading Places’ scheme to enhance footpath use in business areas;

-     Winning the globally-acclaimed International Festivals and Events Association (IFEA) World Festival and Event City Award for the fourth year in a row;

-     Coffs Harbour being named the Most Innovative Regional Council at the inaugural WAVE awards for enterprise development;

-     Steady progress in the planning for a new Cultural and Civic Space in Coffs Harbour;

-     The launch of the “MyCoffs Connect” online directory supporting community groups and service providers;

-     Council’s Jetty4Shores Project winning the NSW Minister for Local Government’s 2018 Award for Innovation in Local Government Engineering;

-     Community engagement to refine concept plans to revitalise City Square;

-     The Woolgoolga Town Centre Masterplan project winning the Urban Design Award at the AILA NSW Landscape Architecture Awards;

-     Council winning the Local Government NSW Award for Culture Change Innovation/Excellence for its Precinct Place Planning Strategy;

-     Coffs Harbour joining the Cities Power Partnership to help tackle greenhouse gas pollution and climate change;

-     Significant investment in upgrading all four Coffs Coast Holiday Parks;

-     An upgrade of digital cinema projection equipment at Jetty Memorial Theatre;

-     Extensive water, sewer and transport asset works;

-     Delivery of land management, environmental and sustainability initiatives; and

-     Delivery of a range of community, economic and sporting programs.

Since the adoption of the 2018/19 Operational Plan by Council on 23 June 2018, certain issues have required the adjustment of timeframes for the following actions. It is recommended that Council endorse these adjustments:

Action

Adopted Completion Date

Revised Completion Date

Comment

P0515 Develop an Integrated Transport Plan for Coffs Harbour

25 Feb 2020

30 Jun 2020

Council is currently working with NSW Roads and Maritime Services and Transport for NSW to resolve the scope of work for this project. An initial workshop has been held with Council staff and government stakeholders, which has identified the timing will need to extend by a quarter.

P0499 Complete a CBD Loveable Laneways analysis

31 Dec 2018

30 Jun 2019

This project has been delayed because staff resources were redirected to the redesign of City Square as a priority. That concept design is now completed, and staff are now back working on the laneways project.

P0938 Undertake a 5 year review of Coffs Harbour LEP 2013

30 Jun 2019

30 Jun 2020

Deferred following a 12-month extension by Department of Planning and Environment

 

To improve clarity in reporting it is recommended that a number of adopted actions be amended as per the following table:

Action

Adopted Completion Date

Revised Completion Date

Comment

P0841 S94 sport infrastructure works

30 Jun 2019

n/a

Recommended for deletion. The measure encompasses multiple projects which can be more effectively reported as individual actions. A number of these projects are already included as separate actions in the 2018/19 Operational Plan (P1123 to P1131). For consistency, it is recommended that the remaining four projects be represented the same way (see below).

P1198 Sports Facility Plan (SFP) 2016 priority capital projects -Woolgoolga Sportsground lighting

-

30 Jun 2019

Recommended inclusion (see above)

P1199 Sports Facility Plan (SFP) 2016 priority capital projects -Richardson Park Lighting

-

30 Jun 2019

Recommended inclusion (see above)

P1200 Sports Facility Plan (SFP) 2016 priority capital projects - Ayrshire Park Field Drainage

-

30 Jun 2019

Recommended inclusion (see above)

P1201 Sports Facility Plan (SFP) 2016 priority capital projects - High Street Woolgoolga Field drainage

-

30 Jun 2019

Recommended inclusion (see above)

P1126 S94 sport infrastructure works – Digital switching for Forsyth Park, (Mclean St) and Fitzroy Oval

30 Jun 2019

30 Jun 2019

It is recommended that the Fitzroy Oval component of this action be identified as a separate project (see below).

P1203 S94 sport infrastructure works – Digital switching for Fitzroy Oval

-

30 Jun 2019

See above.

P0559 Implementation of Workforce Management Plan

30 Jun 2021

n/a

The current action is identified as a Project, which is time-based. As the implementation of the Workforce Management Plan is an ongoing activity, it is considered more appropriate to report on it as a program-based action (described in our reporting as a “Business as Usual” action. See B1204.)

M1177 Library Service annual attendance

n/a

n/a

Duplicate measure – to be deleted. Data is already recorded in reporting via M0103 Library visitation per capita (to meet the NSW baseline benchmark).

P0854 Public Amenities Program

n/a

n/a

Duplicate measure – to be deleted. Data is already recorded in reporting via B0039 Public Amenities Upgrade Program.

 

A number of actions adopted in the 2017/18 Operational Plan have extended into 2018/19.

To enable Council to continue to report on progress, it is recommended these actions be formally included in the 2018/19 Operational Plan:

Action

Adopted Completion Date (17/18)

Revised Completion Date

Comment

P0017 Develop an integrated Library, Gallery and Museum Strategic Plan

30 Sep 2018

30 Sep 2019

Separate Library, Gallery and Museum Strategic Plan development projects were consolidated during 2017/18. Additional time has been needed to pursue this as an integrated project. For reporting purposes, it is recommended that a single project be included in the 2018/19 Operational Plan.

B1190 Implement the Library, Gallery and Museum Strategic Plan

n/a

n/a

As a consequence of the above change, it is considered appropriate that the subsequent implementation of the Strategic Plan be evaluated in an integrated measure in the Operational Plan. This single measure would replace the three individual implementation actions - for Library (B0900), Gallery (B0901) and Museum (B0461) - adopted in the 2018/19 Operational Plan.

P0132 Complete the Lifeguard Service Strategic Plan

30 Jun 2018

30 Dec 2019

Project required additional (external) resourcing not available in 2017/18, necessitating its carryover into 2018/19. Funding allocation approved in 2018/19 budget.

Further analysis and Council report required as a result of NOM18/23 Inclusive Access at Jetty Beach

P0513 Develop social inclusion policy statements

30 Jun 2018

30 Dec 2019

Deferred while resources were reallocated to higher priority projects including coordinating the Stronger Country Communities Fund Grant applications and Council’s participation in the Get Connected Toormina project.  Staffing changes and recruitment have impacted this timeline.   Demographic profiling for the LGA has been completed and will contribute to the development of the policy during 2019.

 

P0555 Develop a Volunteer Management and Support Strategy

30 Jun 2018

30 Jun 2019

The development of the Strategy is well progressed with an anticipated delivery in the first half of 2019.

P0217 Prepare a Local Growth Management Strategy - Rural Lands Component

28 Dec 2018

30 Jun 2019

Delayed to allow time for additional input from the Agricultural Advisory Committee.

A Draft Rural Lands Chapter was presented to Council in December and placed on public exhibition until end of February 2019. The Discussion Paper on Intensive Plant Agriculture was deferred for public exhibition until further consultation with the Agricultural Advisory Committee before March 2019.

P0220 Finalise the Deferred Lands Planning Proposal

31 Dec 2017

28 Feb 2019

The Deferred Lands Planning Proposal has been partially completed and made by NSW Minister for Planning, with the exception of the Sandy Shores lands component. Council awaits the making of the remaining part of the Plan by the Minister of Planning. All actions required by Coffs Harbour City Council are fully completed.

P0588 Finalise the Botanic Garden Strategic Plan

30 Jun 2018

30 Apr 2019

The Draft Strategic Plan was reported to Council and placed on public exhibition in December quarter 2018. A further report to Council will be tabled in first quarter 2019 to finalise the project.

P0667 Bus Stop Upgrades - Stage 1

30 Jun 2018

30 Jun 2019

10 of the 12 bus stops as part of stage 1 have been upgraded (associated with initial grant funding). Further works are currently being scoped to initially resolve bus stops on autonomous route followed by Bray Street and the rest of the bus stop network as funding allows.

Harbour Dr in progress to be completed in February;

Bray St / Mackays Rd CPTIGS - by June quarter; Donn-Patterson Dr, Francis St and Bailey Ave have been identified and will be due in June quarter.

P0693 CBD Masterplan Works - Moonee Street Entry Statement

30 Jun 2018

31 Dec 2019

The Project is identified in the CBD Masterplan works but has not started Concept Plans are shown in the Masterplan; architectural plans and landscape plans are required prior to any construction works. Consultant’s brief is being finalised.

P0694 West Coffs District Park, William Sharp Drive

30 Jun 2018

31 Jul 2019

Community consultation completed - no issues raised. Start Procurement March quarter 2018/19 to Construction June quarter 2018/19 and be completed by end of June quarter 2018/19.

P0840 Toormina Oval - new amenity block

30 Jun 2018

28 Jun 2019

Change room and public toilet plans are finalised.

Plans and costings for external site works are underway. This project cannot progress any further until extra funding is secured to fund the identified shortfall (approx $250,000). A recent Clubgrants funding application was unsuccessful. Searches to identify alternate funding sources (internal and external) to complete the project are being undertaken.

Where these Operational Plan actions appear in the Delivery Program as Focus activities, the Delivery Program entries have been amended to reflect the changes in the Operational Plan.

Options:

As this report is to enable compliance with a legislative requirement and the public release of an information resource for Council and the community, an options analysis is not required.

Sustainability Assessment:

•     Environment

Apart from printing and energy costs associated with compiling the report, there are no environmental impacts flowing from the preparation of the Six-Monthly Progress Report (for the period 1 July to 31 December 2018) on the Coffs Harbour City Council 2017-2021 Delivery Program (Year 2). However, the report considers Council’s progress and performance in regard to the delivery of environmental strategies for the Coffs Harbour local government area.

•     Social

Similarly, the report considers Council’s progress and performance in regard to the delivery of social strategies for the Coffs Harbour local government area. The preparation and publication of the report is consistent with Council’s commitment to accountability to the community.

•     Civic Leadership

The Integrated Planning and Reporting Framework enables Council to identify and respond to community aspirations and co-ordinate the provision of appropriate works and services to help achieve the objectives of the MyCoffs Community Strategic Plan (CSP). This is consistent with the CSP strategy D.2 We have effective use of public resources.

•     Economic – Broader Economic Implications

The report considers Council’s progress and performance in regard to the delivery of strategies aimed at stimulating the economic sustainability of the Coffs Harbour local government area.

•     Economic - Delivery Program/Operational Plan Implications

The annual development and review of the Delivery Program and Operational Plan are accommodated within Council’s budget structure. This expenditure is monitored through Council’s monthly and quarterly budget reviews.

Risk Analysis:

The preparation of a Six-Monthly Progress Report is a legislative requirement. A risk analysis is not applicable in this instance.

Consultation:

The preparation of this report involved engagement with Executive Leadership, Group Leaders and staff responsible for reportable actions across Council.

Related Policy, Precedents and / or Statutory Requirements:

Section 404 of the Local Government Act 1993 applies. In summary, it requires that:

-     A council must have a Delivery Program, detailing the principal activities it will undertake to achieve the objectives established in the Community Strategic Plan, within the resources available under the Resourcing Strategy.

-     The Delivery Program must include a method of assessment to determine the effectiveness of each principal activity detailed in the Delivery Program in achieving the objectives at which the activity is directed.

-     The General Manager must ensure that progress reports are provided to the council, with respect to the principal activities detailed in the Delivery Program, at least every 6 months.

Implementation Date / Priority:

If adopted by Council, the Six-Monthly Progress Report (for the period 1 July to 31 December 2018) on the Coffs Harbour City Council 2017-2021 Delivery Program (Year 2) will be published as soon as it is practical to do so.

Conclusion:

The Six-Monthly Progress Report (for the period 1 July to 31 December 2018) on the Coffs Harbour City Council 2017-2021 Delivery Program (Year 2) identifies specific achievements or challenges recorded during the reporting period and provides updates on Council Services, projects and key operational activities.

While it satisfies a legislative requirement, the report is a valuable resource to assist the community to understand what Council does and how effective it is in helping to achieve the objectives of the MyCoffs Community Strategic Plan.

It is recommended that Council adopt the report for public release.

 


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SC19/04       Regulatory Framework Change to Parking Infringements - Government Notification

Author:                        Section Leader Compliance and Regulatory Enforcement

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

The New South Wales Treasurer, Dominic Perrottet MP, Minister for Industrial Relations has written to Council’s advising that the State Government has reduced the penalty notice rates issued by State Government authorities by 25%.  The Government has now made further regulatory changes that enable Council’s to determine penalty notice rates within the State Government framework.

At present, penalty notice rates are set by State Legislation at a $112 minimum, which until now, Councils have not had the power to modify. Under the new framework, Councils will have the ability to maintain the current rates set by and indexed annually by the Government or consider and ‘opt in’ to apply a reduced rate for a specified range of offences.

 

Recommendation:

That Council maintain the current arrangements for regulated penalty notices.

 

Report

Description of Item:

The Government has made regulatory changes that enable Council to maintain the current regulated penalty notices or ‘opt in’ and utilise the regulatory framework to apply a lower regulated amount.

The Government has advised the following administrative provisions will apply:

As per clause 123B (2) of the Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018, Councils must advise the Treasurer in writing if they wish to opt in to charge $80 instead of $112 for penalty notices issued by its enforcement officers in relation to the relevant offences.

Those Councils who opt in will then be listed in Schedule 5A as a Council which has opted in to the lower fines. If a Council has not opted in, then they will not be listed in Schedule 5A and the higher penalty of $112 will continue to apply.

Note that the current indexation arrangements for parking fines will continue. Thus, as annual indexation occurs, the reduction in parking fines will be from, for example, $114 to $82 in 2019-20 (compared with $112 to $80 in 2018-19).

Specified opt in dates have been set aside with the next opt in date set down for 1 April 2019 followed by July 1, 2019.  If Council does opt in, it will also have the ability to opt out at a later date if desired.  Should Council resolve to opt in, there is a lag time of 2 months before the lower amount would be applied.

Issues:

Penalty Infringements and Associated Considerations

A review of parking related penalties issued for the 2017 / 2018 financial year against the list of penalties for which the lower amounts can be applied found that 1750 penalty infringements were issued for this period. 

The infringements issued during this period related to the following 4 categories:

-     Park continuously for longer than permitted.

-     Stand vehicle in an area longer than allowed.

-     Not stand vehicle in marked parking space.

-     Not park wholly within parking bay.

Revenue from parking infringements is used to offset the cost of monitoring and enforcement of parking restriction zones. By example, the application of the lower penalty’s in the 2017/2018 financial year would have equated to a reduction in revenue of $56,000.  By comparison, the difference in revenue ($56,000) is equivalent to the salary of a Parking Officer.  This revenue would need to be found elsewhere from Council’s budget if a lower amount is applied.

Parking Monitoring and Enforcement

Parking offences are predominantly detected in association with Council’s active monitoring and enforcement of parking restriction zones within the various commercial and business areas of the local government area.  This council service is an important element used to support commercial and business activities with parking turnover having a direct link to maintaining the financial viability of these areas.

Parking enforcement leads to more effective use of existing parking stock through ensuring turnover in accordance within time restricted zones which may otherwise be used for all day parking. The effective use of existing parking stock assists with reducing pressure on Council to provide more parking.  If spaces are not used effectively (eg someone parks in a 1 hour spot for the whole day), then this potentially displaces someone looking for a short-term park to a further location or discourages them from parking at all. This may result in growing complaints to Council about a ‘lack of parking’ in location X, and consequent increase in pressure for Council to provide more parking in location X.

Parking enforcement helps to ensure our main business / commercial centres or ‘Places’ are not oversupplied with parking (an ‘oversupply’ being generally described as when a patron can drive to the main street, park directly outside or very close to their destination, carry out their task and then drive and park very close to their next destination). When patrons drive between destinations traders are denied the chance to engage potential customers with interesting, enticing shopfronts, and the main street / ‘Place’ inevitably loses much of its vibrancy.

Having main streets / ‘Places’ with the correct balance of parking (not over-supplied) helps provide a more vibrant, attractive and commercially successful ‘Place’. Not having an oversupply of parking frees up street space for wider footpaths or other uses, the Place ‘reads’ as a people-friendly place (as opposed to a place for cars) where you want to walk and engage, spend, or mingle.

Penalty infringements are an important compliance tool serving as a means to deter unwanted behaviours.  Lower penalty provisions may have a negative impact that could lead to an increase in parking non-compliance.

Options:

1.   Adopt the recommendation as provided; Adopting this option will result in identified penalties remaining unchanged from the existing level set by the State Government.

2.   Reject the recommendation as provided.  If Council resolves to ‘opt in’ and apply a lower penalty this will result in the following actions:

-     Documentation will be sent to the Minister advising of Council’s decision;

-     A review of the financial considerations associated with an expected decrease in penalty revenue will have budgetary impacts that will need to be reviewed and addressed accordingly.

Sustainability Assessment:

•     Environment

A reduction in the amount of the penalty will not have any detrimental impact to the environment.

•     Social

Whilst a reduction in the penalty amount would financially benefit individuals it cannot be quantified at this time as to whether this will have a positive or negative impact to compliance behaviours. The State Government has generally utilised higher penalties as a means to manage and achieve behavioural change.

•     Civic Leadership

Council has a responsibility to consider the impacts of reducing the penalty from both an individual perspective (who may benefit through incurring a lower penalty) and the wider business, commercial and rate payers.

•     Economic – Broader Economic Implications

While it is not possible to predict the broader economic impact of reducing parking fines if introduced, one potential outcome may be increased non-compliance through parking overstay and reduced availability of short term parking with potential impact to businesses.

•     Economic - Delivery Program/Operational Plan Implications

It is estimated that a reduction in the penalty from $112 to $80 will result in a potential reduction in the order of $56,000 per year (based on 17/18 financial year fine history).

Penalty revenue is used to off-set Council’s service costs associated with its parking monitoring and compliance service which can be likened to user pay principles.  A reduction in revenue will have a broader impact upon Council’s budget with the shortfall needing to be found elsewhere from the general budget or potentially through provision of reduced service levels.

Risk Analysis:

If the current penalty amount is maintained unchanged then Council may receive an adverse public reaction.  Should Council resolve to opt in and either shift the service cost burden to the wider rate payer or reduce the service provision then this may attract an adverse reaction from affected business/commercial interests and ratepayers.

Consultation:

This is a State Government introduced regulatory initiative.

Related Policy, Precedents and / or Statutory Requirements:

Parking penalties are regulated by State Government and until now Councils have not had any ability to modify the amounts levied.  Even now, the ability to modify the amount of the penalty is limited and controlled by the State Government.

Implementation Date / Priority:

If Council accepts the recommendation the current situation will remain unchanged.  If Council resolves to opt in to the application of a lower penalty amount, then it is envisaged the change would commence on July 1 2019 in accordance with the Governments implementation timetable.

Conclusion:

Penalty infringement revenue offsets the parking monitoring and enforcement service provided by Council, akin to user pay principles.

The application of a reduced penalty infringement can be reasonably expected to have the following impacts:

-     Present as a saving to individuals who commit a parking offence through obtaining a $32 reduction in the penalty based on the current regulated structure.

-     May result in increased parking non-compliance with individuals prepared to accept increased risk on the basis of a lesser consequence.

-     Will have financial impacts upon the service provision requiring funding to be found elsewhere from the general budget to maintain the same service or require consideration to providing a lower level of service thereby impacting business and commercial activities.

It is considered that the individual benefit received via application of a reduction in penalty is outweighed by the negative impacts upon the broader community. Accordingly, it is recommended that the penalty remain at current Government regulated levels.

  


SI19/03         Relocation of Lime System to Karangi Water Treatment Plant Contract RFT-1020-TO

Author:                        Group Leader Strategic Asset Management

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI19/03    CONFIDENTIAL Tender Assessment Contract No. RFT-1020-TO – Karangi WTP- Relocation of Lime System

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

It is proposed to relocate the current Lime Dosing facility at the Karangi Water Treatment Plant, due to operational, maintenance and supply risks. This report facilitates the Contract to undertake the work.

 

Recommendation:

That Council consider tenders received for the Relocation of Lime System at Karangi Water Treatment Plant - Contract RFT-1020-TO and move the motion as detailed in the confidential attachment.

 

Report

Description of Item:

The relocation of the Lime Plant was deferred when the Karangi Water Treatment Plant (WTP) was constructed due to budget constraints and it is now found that the continued operation of the old plant is causing major ongoing maintenance problems, where fowling of pipes and valves is impacting operational requirements and presenting supply risks.

As part of Coffs Harbour City Council’s Water Strategy Study for the Karangi WTP, an options study was undertaken to select the most viable option for future lime dosing, and the relocation of the plant was recommended as per this tender

A pre tender site inspection was held on the 22 November 2018.

Tenders were to be evaluated using the following criteria:

-     Tender price

-     Construction methodology & detail and logic of Construction Program

-     Experience and record of performance in similar work

-     OH&S Management System and performance

Issues:

The current location of the Lime Plant, which is upstream (prior to) to the inlet of the Karangi WTP, as resulted in high operational, maintenance and breakdown costs. This is due to lime build up on the inlet infrastructure including pipework, valves and flowmeters. This results in continued downtime for the plant, as well as breakdown issues. Relocation of the Lime Plant to within the water treatment process will eliminate these issues.

To progress this project to completion additional budget allocations are required in the current and 2019/20 financial years. This requirement is detailed in the Economic - Delivery Program/Operational Plan Implications section of this report.

Options:

1.   Resolve the recommendations in the Confidential attachment, which would allow the relocation of the Lime System at the Karangi WTP, ensuring continuity of the water treatment process.

2.   Resolve to not accept the tender and to not relocate the Lime Plant, which would put the continued treatment of Coffs Harbour’s Water at risk

3.   Resolve to not accept the tender and call new tenders. This is not seen to provide an advantageous result for Council as the limited and specialist market has already been tested.

Sustainability Assessment:

•     Environment

The proposed works will ensure continued safe drinking water for Coffs Harbour

The proposed works will not affect threatened species, populations or ecological communities as listed in the TSC Act 1995.

The proposed works will have no impact on matters of National Environmental Significance (NES) or other matters as described in the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act)

The proposed works will not have any significant adverse impacts on the natural or human environment.

•     Social

The construction of this new lime plant will assist in ensuring the future water quality is maintained for the residents of Coffs Harbour.

•     Civic Leadership

Council is required to provide safe drinking water to its residents.

The project listed for consideration will address matters outlined in the following strategy of the Community Strategic Plan:

We have effective use of public resources - (D.2)

The project will provide significant reductions in maintenance costs of existing infrastructure and ensure ongoing water quality within the reticulation system.

•     Economic – Broader Economic Implications

The Tender submission received was from a company outside the Coffs Harbour City Council Local Government area reflecting the specialist requirements of these works. The Tender received is reflective of costs indicated by specialist design consultants, and is considered value to Council.

•     Economic - Delivery Program/Operational Plan Implications

Funds for this work had been allocated in previous financial years, but work had not been undertaken due to operational issues and the need for further options to be investigated. These funds were returned to the Water Fund reserves. The options report has indicated the best solution is the relocation of the Lime plant, with the cost as indicated by the tender.

Works will be partially funded by the remaining $240,000 of the 2018/19 Budget allocation. It is proposed that Council allocate a further $200,000 in the current Financial Year to allow continuity of the project delivery, and then a further $660,000 in the 2019/20 Budget to allow completion of the Project. Funds would be sourced from unexpended Water Loans, and the quantum would allow for a small contingency for variations.

Relocation of the Lime Plant will eliminate current significant operational, maintenance and breakdown costs, as well as ensure continuity of water supply quality.

Risk Analysis:

As stated previously, the relocation of the Lime plant will significantly reduce the risk of plant downtime and breakdown. This will minimise the risk of interruption to safe drinking water supply.

Quality and safety risks will be controlled during construction by Council’s Project Management team supervising and administering the contract. Risks to the treated water quality will be managed during construction by constructing a temporary dosing system prior to the decommissioning of the existing Lime Plant.

Consultation:

Appropriate internal consultation has been undertaken to ensure the initiation of this project, and will continue during the delivery phase.

Consultation with, and reports from industry experts have led to the creation of this project.

Related Policy, Precedents and / or Statutory Requirements:

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

Tendering procedures were carried out in accordance with Council's policy.  This tender is tabled for Council’s consideration and decision, in accordance with Council’s adopted Tender Acceptance Policy, due to the requirement for additional budget funds to be allocated.

Implementation Date / Priority:

Should Council resolve the recommendations in the Confidential Attachment, the work on detail design and fabrication could commence as early as April 2019, with the expected completion date of November 2019.

Conclusion:

In order to ensure a reliable and safe drinking water supply to the resident of Coffs Harbour, it is proposed to relocate the Lime Dosing Plant at the Karangi WTP, to reduce operational, maintenance and supply risks. 

 


SI19/04         City Centre Upgrade - Budget Adjustment

Author:                        Group Leader Strategic Asset Management

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              Nil

 

Executive Summary

Council’s adopted cashflow budget for the expenditure of CBD Special Rate monies requires adjustment to reflect the significant expenditure will now take place during March, April and May of the current year. Council has recently undertaken procurement actions for the City Square Upgrade Project, including the early procurement of lead-time items such as pavers and furniture. The tendering for a lead contractor has been completed and tenders are currently undergoing assessment with a view to selecting the best value offer in the very near term. In order to now undertake the work, the City Centre Masterplan budget will need to be readjusted to reflect the actual cashflows which will now occur in the current financial year. This report seeks to provide an update of the project status and request Council’s endorsement for this cashflow adjustment.

 

Recommendation:

That Council note the report and adopt the following CBD Special Rate Capital Budget for the 2018/19 financial year and note the remaining years will be included in future budgets for consideration by Council.

Capital Project

2018/19

2019/20

2020/21

2021/22

2022/23

City Square Upgrade

$2,745,038

$198,185

 

 

 

City Centre Signage

 

 

$100,000

 

 

Street Furniture

 

 

 

$50,000

 

Park Avenue Artist Lane

 

 

 

$96,000

 

Shade Sails

$268,351

 

 

 

 

Moonee Street Entry Statement

$30,000

 

 

 

 

Sunday Activation (Capital)

$37,281

 

 

 

 

Christmas Activation (Capital)

$14,235

 

 

 

 

Park Avenue Upgrade

 

 

 

 

$400,000

Contingency

$260,112

$10,000

$50,000

$10,000

$10,000

Totals

$3,355,017

$208,185

$150,000

$156,000

$410,000

5 Year Total

$4,279,202

 

 

 

 

Increase Funded From Reserve

$1,621,000

 

 

 

 

 

 

 

 

 

 

Financing:

 

 

 

 

 

Internal Loan Drawdown

$1,516,124

 

 

 

 

Internal Loan Repayments

 

$351,759

$369,347

$387,814

$407,204

Loan Interest

 

$75,806

$58,218

$39,751

$20,360

 

Report

Description of Item:

At its meeting of 7 December 2017, Council resolved:

That Council:

1.    Decline to accept any tender received for Contract No. RFT-886-TO City Square Refurbishment Construction; in accordance with s178(1) (b) of the Local Government Regulations.

2.    In accordance with s178(3)(a), postpone the proposal for the Contract until further reviews are Completed.

3.    Conduct an external Urban Design peer review of the existing City Square Design.

4.    Continue with the supply and erection of the screen on the carpark ensuring that the colour scheme is consistent with the adopted CBD Master Plan palate.

At its meeting of 8 November 2018, Council resolved:

That Council:

1.   Note and endorse the redesigned concept for the upgrade of City Square.

2.   Authorise the commencement of procurement activities related to the project.

3.   Acknowledge that the current lease for the Caffeine Central kiosk automatically terminates on 9 August 2019 and authorise the commencement and conduct of exit negotiations with the lessees of the kiosk with a view to achieving the removal of the kiosk prior to February 2019.

4.   Consider any potential structure in the future that will enhance the square at the southern end of city square and still maintaining sight lines.

Council has recently installed the Park Avenue car park screen. Successful negotiations have been undertaken with the lessees of the Caffeine Central kiosk, and they have exited the lease.

Council has sought tenders for construction of the endorsed redesign of the City Centre. Tenders have been received and are currently under review. At the time of writing this report, the preferred tender had not been fully assessed, and it is proposed that the Tender be accepted by the General Manager under delegated authority, once budgetary issues discussed in this report are resolved.

The current tender and those of December 2017 excluded items issued free by Council, such as bespoke furniture and lighting. However, these costs need to be included in the overall cost of the project. Tenders for the new design are in the magnitude of $1,000,000 lower than the lowest tender assessed in December 2017. This is due in part to the ‘lower key’ endorsed redesign that does not include multiple large steel and glass structures.

This report requests Council to endorse the City Centre Masterplan budget reallocation, to ensure that the project is delivered in a timely fashion

Issues:

Tenders for the redesigned City Centre Upgrade are significantly less expensive than tenders received for the previous design. Additional costs of ‘free issue’ items need to be added to both sets of tenders to establish the final overall cost.

The current arrangement of the 2018/19 City Centre Masterplan budget does not cater for the full costs of the project. In order for the project to proceed, scheduling adjustments of the available funds will need to be undertaken.

Options:

1.       Adopt the recommendation and allow the construction to the City Square Upgrade to be commenced in March 2019.

2.       Reject the recommendation and require review of the scope to further reduce costs.

Sustainability Assessment:

•     Environment

A Part V environmental assessment for the works will be prepared but no significant impacts are expected to arise.

•     Social

The objectives of the City Centre Masterplan with regards to the City Square are to provide a place for Community activity and to compliment and support the adjoining commercial activity. The project will provide a place for social interaction and activities such as extended alfresco dining, markets, festivals, movie nights, meeting places, and ‘pop up’ events and changing public art works.

•     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.

This project forms part of the revitalisation of the City Centre as envisaged in the adopted City Centre Master Plan.

•     Economic – Broader Economic Implications

As per the Key Vision above this project is expected to attract more people to the City Centre resulting in the creation of increased retail options and economic growth outcomes.

Consultation with adjoining businesses and the City Centre Committee occurred during the design process. The terms of the contract will require the contractor to maintain access for businesses and the public during the construction phase.

•     Economic - Delivery Program/Operational Plan Implications

When the CBD Special Rate (SR) was applied for, there was the intention for an internal borrowing from the Employee Leave Entitlement Reserve of $4,000,000 in year one of the SR to undertake works in year one and repay the loan over the 10 year SR. It was budgeted to have interest repayments of in excess of $1.6 million over this period. The major projects were not delivered in the first years of the SR, this loan has not yet been activated, and interest payments have obviously not been made. This has allowed the accumulation of funds to allow a smaller loan to be necessary to undertake SR works.

Many of the City Centre projects be been pooled into a single project within the proposed budget to allow for the full upgrade of the City Square to be undertaken within the next 6 months. Should the project be delivered for an amount less than is proposed within the budget, the loan borrowing can be reduced and interest saved can be utilised for other projects within the City Centre. This is demonstrated in the attached tables.

The loan which is proposed totalling $1,516,124 would be for a period of 4 years at an interest rate of 5% p.a. and will see total interest payments of $194,136 over the 4 years. This presents an overall saving of in excess $1.4 million over the loan contained in the original SR budget.

This budget reallocation allows for all the proposed projects to be completed, all be it at an altered schedule from the original, but at a reduced cost than originally envisaged for the overall program of City Centre works.

Current Budget

Capital Project

2018/19

2019/20

2020/21

2021/22

2022/23

City Square Upgrade - awning, lighting & landscaping

$833,043

 

 

 

 

City Square Amphitheatre

$153,286

 

 

 

 

City Centre Signage

$122,709

 

 

 

 

Light show, decorative lighting, CCTV

$5,000

$9,195

 

 

 

Street Furniture

 

$98,990

 

 

 

Landscaping

$60,000

$40,000

 

 

 

Lighting

$100,000

$50,000

 

 

 

Park Avenue Artist Lane

$96,000

 

 

 

 

Shade Sails

$268,351

 

 

 

 

Moonee Street Entry Statement

$30,000

 

 

 

 

Sunday Activation (Capital)

$37,281

 

 

 

 

Christmas Activation (Capital)

$14,235

 

 

 

 

Park Avenue Upgrade

$400,000

 

 

 

 

Contingency

$260,112

$10,000

$50,000

$10,000

$10,000

Totals

$2,380,017

$208,185

$50,000

$10,000

$10,000

5 Year Total

$2,658,202

 

 

 

 

 

Proposed Budget

Capital Project

2018/19

2019/20

2020/21

2021/22

2022/23

City Square Upgrade

$2,745,038

$198,185

 

 

 

City Centre Signage

 

 

$100,000

 

 

Street Furniture

 

 

 

$50,000

 

Park Avenue Artist Lane

 

 

 

$96,000

 

Shade Sails

$268,351

 

 

 

 

Moonee Street Entry Statement

$30,000

 

 

 

 

Sunday Activation (Capital)

$37,281

 

 

 

 

Christmas Activation (Capital)

$14,235

 

 

 

 

Park Avenue Upgrade

 

 

 

 

$400,000

Contingency

$260,112

$10,000

$50,000

$10,000

$10,000

Totals

$3,355,017

$208,185

$150,000

$156,000

$410,000

5 Year Total

$4,279,202

 

 

 

 

Increase Funded From Reserve

$1,621,000

 

 

 

 

 

 

 

 

 

 

Financing:

 

 

 

 

 

Internal Loan Drawdown

$1,516,124

 

 

 

 

Internal Loan Repayments

 

$351,759

$369,347

$387,814

$407,204

Loan Interest

 

$75,806

$58,218

$39,751

$20,360

The increase capital expenditure of $1,621,000, funded from City Centre Masterplan Reserve, is available due to the interest savings of $1.6 million discussed above.

Risk Analysis:

It is believed that the high level of consultation that has been undertaken has addressed the major risk of acceptance of the design.

Construction risks will be addressed as part of Council’s normal project management process.

Consultation:

Extensive Community Consultation has been undertaken on this project, as presented in the Council report of 8 November 2018.

Extensive and appropriate internal consultation has been undertaken.

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures have been carried out in accordance with Council’s Policy and the Local Government Act. Adjustment to the budget allocation and timing must be undertaken by Resolution of Council.

Implementation Date / Priority:

A preferred tender will have been identified by the time this report is presented to Council.

If Council resolves the recommendations, works will be able to commence in March 2019, with completion due in June 2018.

Long lead time items have been procured by Council and will be ‘free issued’ to the successful Contractor, ensuring minimal delays to the project.

Conclusion:

The City Centre Upgrade construction is ready to start construction in March 2019, once budgetary allocation matters are resolved.

 


SI19/05         Safety and Systems Management Project

Author:                        Group Leader Asset Construction and Maintenance

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              Nil

 

Executive Summary

The services delivered by Coffs Harbour City Council are diverse and involve varying degrees of environmental, quality and safety risk.  These risks are mitigated through safety and management systems which comply with relevant legislation and guidelines.  With the diversity in the services delivered by Council the scope and complexity of these management systems is daunting. Over recent years compliance with the legislation and guidelines that govern safety, environment and quality has become more onerous and resource intensive. 

To manage safety risk a Safety Management Plan (SMP) has been adopted internally and implementation has commenced. It is proposed that environmental and quality risk in the Council’s high risk areas will be mitigated through the adoption and implementation of a system that is compliant with International Standards Organisation (ISO).   These systems provide a standard framework that are industry best practice, addressing risks within a systematic and accepted structure. 

Further to ISO accredited environmental and quality systems it has become a priority for the Construction Section of Coastal Works to gain accreditation for its safety management under the Federal Safety Commission.  This scheme applies to projects that are directly funded by the Australian Government to a value of $4 million or more.  Established in 2005, the Federal Safety Commissioner works with industry and government stakeholders towards achieving compliance with occupational health and safety standards on Australian building and construction projects.  Council’s Coastal Works will be relocating the water truck mains in preparation for the Coffs Harbour Highway Bypass being funded by the RMS and will be required to have systems compliant with FSC accreditation. These works will be carried out on a commercial basis and return a dividend to Council.  Without FSC and ISO accreditation this commercial opportunity will not be available.

Accredited management systems in environmental, quality and safety will assist the Council organisation in the implementation of the Safety Management Plan and comprehensively manage risks in the high risk operational areas of Council. 

This report aims to address the methodology of how accreditation can be achieved.

 

Recommendation:

That Council:

1.       Endorse the Safety and Systems Management Project for implementation.

2.       Allocate $418,000 from the Coastal Works Business Unit Reserve for the purpose of executing the Project.

 

Report

Description of Item:

The Council organisation has considered formal accreditation of its management systems governing the operational area on a number of occasions. In 2011 prequalification for Councils environmental, safety and quality systems was granted by the RMS for Road and Bridges Level 1 and Financial $5 million.  Since this time the prequalification has been maintained with an upgrade on the Financials to $15 million.  This prequalification will allow Council to undertake works for the RMS on projects where there is less than a $4 million contribution from the Federal Government. With the advance in management systems the existing RMS prequalification which is held by Council is no longer sufficient. 

Many Local Governments now require suppliers working for them to be ISO accredited as a minimum requirement, with a neighbouring Council to Coffs Harbour already having ISO accredited systems.  Accredited systems will provide a platform for implementation of quality control systems into the roads, open space, and the water and sewer maintenance sections.  This will ensure that not only capital works will be delivered under robust management systems, but Council can also maintain and operate its assets with a high degree of efficiency.

The aims of the System and Safety Management Project are:

For Council more broadly:

-     To accelerate the implementation of the Corporate Safety Management Plan

-     To assist in building build a ‘Safety First’ culture in the Coffs Harbour City Council organisation

-     Drive improvements to quality and environmental outcomes across CHCC

-     Underwrites compliance to safety and quality legislative requirements

-     To meet the stated objectives in Council’s Health Safety and Environment Policy

-     Enhance Councils professional reputation, particularly in the safety field with very few Councils having FSC accreditation

-     To plan for anticipated legislative changes which are forecast to focus on Local Government safety, environment and quality practices.

For the Coastal Works Business Unit:

-     To achieve ISO and FSC accreditation for the Construction Section of Coastal Works to be able to undertake the water service relocations for the Coffs Harbour Highway By-Pass project

-     To implement best practice construction delivery through the use of the systems consistent with the current industry standards

-     To mitigate construction risk through the implementation and consistent use of best practice management systems.

It is proposed that the accreditation would be for Coffs Harbour City Council t/a Coastal Works.  At a later date the accredited system can be rolled out, as needed, to other areas for Council once the system has been proven on Coastal Works projects.

The benefits of Coastal Works-Construction running systems that are accredited to FSC and ISO standards are:

-     The implementation of the corporate Safety Management Plan is fast tracked resulting in improved safety risk for the organisation

-     The WHS culture in the organisation will improve as more effort is devoted to safety systems and procedures

-     Coastal Works will qualify to undertake the water main relocations for the Coffs Harbour highway bypass

-     Council will receive a significant commercial return on its investment as a result of undertaking the water main relocations on the Highway Bypass project

-     Coastal Works will qualify to tender on future design and construct tenders

-     Systems will be in place to ensure that the Council infrastructure being built by the Coastal Works construction teams is to specification

-     The management systems in the construction section will provide a platform for implementation of quality control systems into the roads, open space, and the water and sewer maintenance sections.

 

Project Milestones

Completion date

1

The ISO/FSC project be adopted for implementation

Feb 2019

2

Engagement of consultant for Coastal Works system upgrade

March 2019

3

Recruitment and resourcing of wages positions

April 2019

4

Consultant completes Coastal Works Quality, Environmental and Safety systems update to ISO standards

June 2019

5

ISO accreditation awarded for Quality, Environmental and Safety

August 2019

6

Resolve all CARs identified in FSC preliminary audit of Aug 2018

Nov 2019

7

FSC accreditation awarded

Dec 2019

8

Accreditation maintenance audits

Ongoing

Issues:

A concern is that FSC accreditation may not be achieved in time for the Highway Bypass project.  Fortunately, the Federal Safety Commission allows organisations to be granted ‘provisional accreditation’ subject to there being an implementation plan in place.  At a later date the FSC will undertake an audit to assess the system’s compliance and grant accreditation accordingly.  It is planned that the corporate and construction safety systems will be ready for provisional accreditation in August 2019.

Options:

At this stage there are no other accreditation systems that carry the credibility of the ISO standards and the FSC.  To ‘do nothing’ will result in Council losing a commercial opportunity that has the potential to bring significant benefit to the Council and community.

Sustainability Assessment:

•     Environment

An accredited environmental management system will drive improvements to environmental outcomes across Council. The system will facilitate compliance to environmental legislation, REF conditions and approved permits issued by State and Federal Authorities.

•     Social

Accreditation will lift the standard of the systems which work crews operate under.  Ultimately it will increase their skills which will contribute to the skilled workers available in the civil industry within the Coffs Harbour LGA.

•     Civic Leadership

This project will enhance Councils professional reputation, particularly in the safety field with very few Councils having FSC accreditation.  Leadership in staff welfare and safety demonstrates a mature organisation that values its staff and their contribution to the organisation.

•     Economic – Broader Economic Implications

Accreditation of environmental, quality and safety systems will enable Coastal Works to undertake the water main relocations for the Coffs Harbour highway bypass and qualify to tender on future design and construct works.  Formal management systems will also ensure that the Council infrastructure being built by the Coastal Works construction teams is to specification and standard.  These advantages will deliver an economical benefit to the area with Coastal Works employing local sub contractors, direct employees and returning a dividend to the Council.

Alternatively, the work is likely to be given to an organisation external of Coffs Harbour with the employment, skills acquisition, and financial benefits flowing away from Coffs Harbour.

•     Economic - Delivery Program/Operational Plan Implications

Funding is available within the Coastal Works Business Reserve to undertake these works.  The project requires resources to undertake the following tasks:

-     Update the existing environmental and quality systems

-     Formulate documentation required to implement the Council Safety Management Plan

-     Train staff in the sue and management of the safety, quality and environmental systems

-     Provide ongoing support for the management of the accredited systems

Stage 1 Implementation Costs

Item

Resource

Cost

1

External WHS and QSE Consultant

$182,000

2

Internal staff costs

$236,000

 

Total:

$418,000

 

It is envisaged that the $418,000 will be repaid to the Coastal Works Business Unit Reserve from the water main relocation works that will be undertaken for the Coffs Harbour Highway Bypass.  A preliminary estimate of these works is in the order of $10 to $15 million.

Stage 2 Ongoing Management Costs in Coastal Works

The operation and maintenance of the system within Coastal Works will be managed by a full time a QSE Coordinator.  The funding for this position will be through commercial activities and capitalised when working on Council renewal works and construction programs. 

Risk Analysis:

Risk

Impact

Likelihood

Mitigation Strategy

That accreditation is not achieved to the required timeframe

High

Possible

Commence communication with the RMS to make intentions regarding accreditation known

Project progress is delayed due to unavailability of suitable resources

High

Likely

Develop a relationship early with a reliable systems contractor to ensure resources are available when needed

Final audit fails due to major non conformance

High

Possible

Undertake a program of internal system audits prior to final external audit

Consultation:

This proposal has been subject to internal consultation and is supported by all relevant internal stakeholders. This project will require considerable future consultation with staff as new systems are developed and implemented.  The need for deep consultation with the community will be minimal as the focus is on internal processes.

Related Policy, Precedents and / or Statutory Requirements:

Accreditation is being sought under the following standards:

-     ISO14001 Environment

-     ISO 9001 Quality

-     AS4801 Safety (Note: AS4801 is due to be phased out over a three year period, replaced with the new ISO 45001 standard)

Implementation Date / Priority:

The project milestones are as follows:

 

Project Milestones

Completion date

1

The ISO/FSC project be adopted for implementation

Feb 2019

2

Engagement of consultant for Coastal Works system upgrade

March 2019

3

Recruitment and resourcing of wages positions

April 2019

4

Consultant completes Coastal Works Quality, Environmental and Safety systems update to ISO standards

June 2019

5

ISO accreditation awarded for Quality, Environmental and Safety

August 2019

6

Resolve all CARs identified in FSC preliminary audit of Aug 2018

Nov 2019

7

FSC accreditation awarded

Dec 2019

8

Accreditation maintenance audits

Ongoing

Conclusion:

Regardless of the opportunity presented by the Highway Bypass Project Council needs to update its existing environmental, quality and safety systems.  Fortunately, there is a project on our door step of the size and scale necessary to be able to absorb the systems update and accreditation costs.  The value of the Coffs Harbour Bypass water main relocation works is estimated to be between $10 and $15 million.

Council being the Water Authority for the Coffs Harbour LGA will undertake the trunk main relocation works needed for the project to proceed.  The RMS has been informed of this through discussions and have indicated that they are willing to proceed on this basis.  Coastal Works undertook all of the water and sewer main relocations for the Sapphire to Woolgoolga highway upgrade and have established a good reputation with the RMS. 

By operating authorised systems Council will be able to mitigate risk moving forward and assist the organisation to mature in its safety, environment and quality applications.  Councils professional reputation, particularly in the safety field will be enhanced, with very few Councils having FSC accreditation.

  


QON19/01    View Lines - Coffs Harbour Marine Rescue, Beacon Hill

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

Attachments:              Nil

 

The following question on notice was received from Councillor Amos.

Question

“Could the Council please advise as to the steps that have been taken to gain the necessary approvals to trim trees in the view lines of Coffs Harbour Marine Rescue base, thus allowing for continued safety monitoring of the Harbour and surrounds?”

Response

Council has conducted appropriate physical site assessments which have identified that the area in question is comprised of Brushbox Littoral Rainforest. The area is thereby captured as a Threatened Ecological Community - Littoral Rainforest under the Biodiversity Conservation Act (NSW) 2016.

 

Additionally, the State Environmental Planning Policy (Coastal Management) mapping of the same area highlights it as Coastal Littoral Rainforest which also invokes the protections of the Biodiversity Conservation Act.

 

Council has reasonable experience in seeking appropriate permissions to manage vegetation under the Biodiversity Conservation Act. Most recently in relation to the maintenance of the Airport Obstacle Limitation Surface. The timeframe to achieve a result in that case was three years.

 

As a result of the above assessments, Council is in the process of installing a high definition panning/zooming camera above the Marine Rescue Base building and will be connecting the Marine Rescue Base to two further CCTV cameras located at the Boat Ramp. The three cameras will result in an improved Marine Rescue surveillance capability which allows for continued monitoring of the Harbour and surrounds.