Coffs Harbour City Council

05 June 2019

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 13 June 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.      Requests for Leave of Absence

19.      Questions On Notice

20.      Matters of an Urgent Nature

21.      Consideration of Confidential Items (if any)

22.      Close of Ordinary Meeting.

 

 

Steve  McGrath

General Manager

 

 


Order of Business

 

  

General Manager's Reports

GM19/13         Council Committees - Appointment of Members and Amendment to a Terms of Reference ........................................................................................... 3

GM19/14         Council Policy - Cemetery Management Policy...................................... 6

GM19/15         Contract No. RFT-T-19-18 Provision of Insurance Brokerage and Risk Management Services...................................................................................... 14

Directorate Reports - Business Services

BS19/25          Developer Contribution Plan Reviews - Surf Rescue & Administration Levy.......................................................................................... 17

BS19/26          Sale of Land for Unpaid Rates..................................................................... 58

BS19/27          Renewal of Australia Post Agreement (Over The Counter Services).................................................................................................................................... 62

BS19/28          Contract No. RFT-1096-TO Supply of Aviation Security Screening 65

Directorate Reports - Sustainable Communities

SC19/20          Development Application No. 0709/17 - Dwelling-House - Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach...................................... 68

SC19/21          Draft Aboriginal Cultural Awareness and Engagement Guide. 103

Directorate Reports - Sustainable Infrastructure

SI19/08           Installation of Continuous Deflection Separation Units on Coffs Creek Stormwater Outlets........................................................................ 134

SI19/09           Traffic Committee Meeting Nos. 3/2019.................................................... 138   


GM19/13      Council Committees - Appointment of Members and Amendment to a Terms of Reference

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:             

 

Executive Summary

Nominations for Council Committee members require approval by Council.  This report is seeking Council endorsement of committee nominations and slight amendment to a Committee Terms of Reference.

 

 

Recommendation:

That Council:

1.    Appoints Lorraine Waller to the Coramba Community Hall Facility Management Committee

2.    Appoints Noelene Elford to the Toormina Community Centre Facility Management Committee

3.    Appoints Kim Towner to the City Centre Masterplan Committee

4.    Appoints Peter Montgomery and Helen Schlangenotto to the Koala Plan of Management Advisory Committee

 

5.    Amend the Koala Plan of Management Advisory Committee Terms of Reference to reflect an additional land holder representative

 

 

Report

Description of Item:

As part of the normal functioning of Council Committees, community members are nominated to fill vacant positions.  For nominees to be appointed, they need to be ratified by Council.

 

The following nominations are seeking to appoint:

·     Lorraine Waller to the Coramba Community Hall Facility Management Committee

·     Noelene Elford to the Toormina Community Centre Facility Management Committee

·     Kim Towner to the City Centre Masterplan Committee

·     Peter Montgomery to the Koala Plan of Management Advisory Committee

·     Helen Schlangenotto to the Koala Plan of Management Advisory Committee

 

Both the Coramba Community Hall and the Toormina Community Centre Facility Management Committees have been low on numbers.  Lorraine Waller was invited to join the Coramba Community Hall Facility Management Committee due to her memberships and experience in other community groups.  Positions for the Toormina Community Centre Facility Management Committee have been advertised on Council’s website on an ongoing basis.  The committee invited Noelene Elford due to her volunteer experience with other community groups.

 

An expression of interest was recently held for two retailer positions on the City Centre Masterplan Committee.  Only one retailer expression of interest was received. Kim Towner was the nominee and due to her experience it is recommended her nomination be accepted. There remains one vacancy on the committee that will not be filled at this time. This will be reviewed at the next rotation of City Centre Masterplan committee membership.

 

An expression of interest was also held for a Landholder position on the Koala Plan of Management Advisory Committee.  Council received four applications and due to the quality of applicants it was decided to recommend selecting two nominees to join, rather than one.  This will allow different sectors of our community to be represented as one applicant owns commercial land whilst the other owns rural land.

Issues:

The current Koala Plan of Management Advisory Committee Terms of Reference only allows for one land holder representative.  In order to allow for two positions, it is recommended that the Terms of Reference are amended to allow up to two landowner representative positions.

Options:

1.    Adopt the recommendation provided to Council.

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

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

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

 

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

•     Civic Leadership

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

 

-    A.1 A vibrant and inclusive place.

-    B.2 A community achieving its potential.

Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

There are no specific risks associated with the appointment of committee members.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

S 355 and s377 Local Government Act 1993

Implementation Date / Priority:

Immediate.

Conclusion:

That Council endorses the recommendations within this report.

 

 


GM19/14      Council Policy - Cemetery Management Policy

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM19/14  Cemetery Management Policy  

 

Executive Summary

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.  This report presents the amended Cemetery Management Policy adoption.

 

 

Recommendation:

That Council adopt the amended Cemetery Management Policy.

 

Report

Description of Item:

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.

 

Policy Name

Policy detail

Cemetery Management Policy

The purpose of the Cemetery Management Policy is to detail Council’s policy on:

·    Interment rights

·    Managing the Cemetery Register

·    Burials and interment

·    Plinths and plaques

·    Cemetery management and conditions of use

This policy was amended to address an amendment in the Cemeteries and Crematoria Act 2013 - that no person can hold more than two interment rights in the one cemetery in NSW, unless approved by Cemeteries and Crematoria NSW.

 

Issues:

There are no issues associated with this report.

Options:

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

 

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation or policy provided to Council and then adopt.

3.    Reject the amended policy provided to Council meaning that the current policy without amendment will remain in place.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

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

•     Civic Leadership

Policies are important for ensuring transparency and accountability in local government.  Their implementation enables Council to identify and respond to the community.  This is consistent with the 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 ongoing development and review of Council policies and plans are accommodated within Council’s budget structure.  This expenditure is monitored through Council’s monthly and quarterly budget reviews.

Risk Analysis:

There were no significant risks identified in the adoption of this policy.

Consultation:

Internal stakeholders were consulted with the drafting of this policy.

Related Policy, Precedents and / or Statutory Requirements:

Detailed within the policy as required.

Implementation Date / Priority:

Immediate.

Conclusion:

That council adopt the amended Cemetery Management Policy.

 

 



 


 


 


 


 


GM19/15      Contract No. RFT-T-19-18 Provision of Insurance Brokerage and Risk Management Services

Author:                        Risk Management Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM19/15  CONFIDENTIAL Tender Assessment Contract No. RFT-T-19-18

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

 

Executive Summary

Statewide Mutual (Statewide), via the insurance broker Jardine Lloyd Thompson (JLT) Pty Ltd, has provided mutual self-insurance and risk management services to Council since 1993.  Council, in conjunction with three other councils, recently tested the market by requesting tenders for the provision of insurance brokerage and risk management services.

 

Tenders were received and evaluated.  A recommendation is contained in the confidential attachment to this report.

 

 

Recommendation:

That Council considers tenders received for the provision of insurance brokerage and risk management services RFT-T-19-18, and adopt the recommendation as detailed in the confidential attachment to this report.

 

Report

Description of Item:

JLT has provided insurance brokerage for Council since the inception of Statewide Mutual in 1993.  JLT also sources policies from insurers where Statewide does not provide cover.  To test the market, Council joined with three other local Councils - Port Macquarie Hastings Council (PMHC), Kempsey Shire Council and Clarence Valley Council - to seek tenders for the provision of insurance brokerage and risk management services.

 

PMHC facilitated the Request For Tender (RFT) and, conforming to the requirements of Section 55 of the Local Government Act (1993), issued the conditions of tendering and associated documents to the market on 12 March 2019.  The RFT closed at 11:00am on Thursday 18 April 2019.

 

Tenders were evaluated on the following criteria:

 

·    Capacity to secure on Council’s behalf the breadth of insurance products required

·    Tenderer’s expertise in dealing with local government clients

·    Risk management services

·    Account management services

·    Value add services

·    Tenderer’s experience, achievements, benefit outcomes and supporting information as required in the evaluation criteria and returnable schedule; and

·    Commercial assessment of premiums quoted and key commercial terms.

Tenders were received from three organisations:

 

·    Aon Risk Services Australia Limited

·    Jardine Lloyd Thompson Pty Ltd (JLT)

·    Willis Australia Limited

Issues:

Refer to the confidential attachment to this report.

Options:

Council’s insurance portfolio expires effective 4pm 30 June 2019.  The options available to Council are:

 

1.   Adopt the recommendation provided to Council within the confidential attachment; or

2.   Reject the recommendation.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

There are no social issues associated with this report.

•     Civic Leadership

The tender process demonstrates effective use of public resources, with its aim of ensuring Council has the most appropriate insurance to manage its risk profile, at the best possible price.  This approach is consistent with the MyCoffs Community Strategic Plan objectives:

 

-     D1.1 We foster informed and inspired leadership in our community (decision-makers lead, govern and regulate in an ethical, equitable, transparent and accountable way); and

-     D2. We have effective use of public resources (best practice and innovation are used to deliver value for money).

•     Economic – Broader Economic Implications

There are no broader economic impact associated with the implementation of the recommendation.

•     Economic - Delivery Program/Operational Plan Implications

The delivery of programs and the Operational Plan requires Council to have adequate insurance to protect its interests, commensurate with the level of risk it undertakes in carrying out its tasks.

 

In addition, Council’s assets, including property, plant, equipment and motor vehicles, require adequate insurance in the event assets are damaged, destroyed or stolen.

 

The cost of insurance is budgeted for annually though Council’s budgetary process.  It is prudent to ensure Council obtains the best value insurance through testing the market.

Risk Analysis:

Insurance forms a substantial part of Council’s risk transfer and control process.  Failure to secure adequate insurance leaves Council exposed to an unacceptable level of risk.  It also contravenes Section 382 of the Local Government Act (1993), which requires Council to make arrangements for its adequate insurance against public liability and professional indemnity.

Consultation:

Council’s insurable risk profile is examined every year to ensure Council has the appropriate type of insurance policies, the correct maximum limits of liability/sums insured, and the most appropriate deductible amounts for the risk type insured.  This involves consultation with a wide cross section of internal stakeholders.

 

In documenting the scope for the RFT, Council relied on the annual stakeholder consultation already undertaken to ensure the insurance risk profile was correct.

Related Policy, Precedents and / or Statutory Requirements:

Council is required to adhere to Section 382 of the Local Government Act (1993) as follows:

 

“A council must make arrangements for its adequate insurance against public liability and professional liability.”

 

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

Implementation Date / Priority:

Council’s current suite of insurance policies expire at 4pm on 30 June 2019, therefore the implementation date is 4pm 30 June 2019.

Conclusion:

By adopting the recommendation in the confidential attachment, Council can effectively use public resources to obtain the best value insurance and risk management services.

  


BS19/25       Developer Contribution Plan Reviews - Surf Rescue & Administration Levy

Author:                        Developer Contributions Officer

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/25   Draft Surf Rescue Facilities Developer Contributions Plan 2019

ATT2  BS19/25   Draft Administration Levy Developer Contributions Plan 2019  

 

Executive Summary

Regular reviews of Developer Contribution Plans are essential to ensure they remain financially consistent for the delivery of planned infrastructure works within the Coffs Harbour Local Government Area (LGA).  The objective of this report is to obtain Council approval to place on public exhibition the reviewed Surf Rescue Facility and the Administration Levy Developer Contributions Plans.

 

As a consequence of anticipated population growth and having regard to the level of facilities currently available and the expected profile of the new population, it will be necessary to provide additional infrastructure and services.  These Developer Contribution Plans seek financial contributions towards the development of infrastructure and resourcing that is required to specifically service the needs of the growing Coffs Harbour community.

 

Necessary adjustments to the scheduled items for both these existing Developer Contribution Plans are contained within this report and are required to ensure that the plans remain consistent with project costings, strategies, population forecasts and objectives.  By adopting the reviewed plans, it will provide a combined reduction in developer contributions of $241.10 per standard lot, across these two district contribution plans.

 

 

Recommendation:

That Council:

1.    Endorse the following reviewed Developer Contributions Plans for public exhibition for a period of at least 28 days seeking submissions.

·      Draft Surf Rescue Facilities Developer Contributions Plan 2019

·      Draft Administration Levy Developer Contributions Plan 2019

2.    Note that a further report will be brought back to Council for consideration following the public exhibition of the reviewed Developer Contributions Plans.

 

Report

Description of Item:

Surf Rescue Facilities

 

Council currently has in place a district wide Developer Contributions Plan for the collection of funds to provide surf rescue facilities within the Coffs Harbour LGA.  This plan came into operation in August 2012 and includes a schedule of items for the construction of storage facilities.  These storage facilities store essential lifeguard equipment used to aid the vital operation of lifeguard services.

 

The primary purpose of this plan is to satisfy the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) and Regulation to enable Council to require a contribution towards the provision, extension or augmentation of public amenities and services that will, or likely be required as a consequence of development in the area, or that have been provided in anticipation to facilitate such development.

 

Other purposes of the Surf Rescue Facility plan are to:

 

1.    ensure that adequate surf rescue equipment storage facilities are available at strategic locations to support increased levels of rescue and patrol activities on specific beaches as a result of increased activity due to increased population;

 

2.    ensure that the existing community is not burdened by the provision of surf rescue facilities required for expanded lifeguard services required as a result of future development;

 

The current Surf Rescue Developer Contributions Plan provides funding for the construction of storage facilities at Sawtell, Park Beach, Diggers Beach, Emerald Beach, Woolgoolga, and Corindi.  The initial total cost to construct these facilities was estimated at $160,000.  The reviewed plan includes a new provision for storage facilities at Jetty Beach and the removal of the Corindi Beach storage facility.

 

The construction of a storage facility has been completed at Diggers Beach and has provided a benchmark to the type of facility required at our most frequently used beaches.  The Sawtell facility that adjoins the Sawtell Holiday Park is nearing completion.

 

As time has passed the location, types of structures and variations to construction costs have been adjusted to meet the growing demands on lifeguard activities.  The reviewed proposed works schedule is contained below:

 

Council Lifeguard Storage Facilities Proposed Works Schedule

Year

Beach

Facility Type

Cost

2019

Sawtell Beach

Construction of storage shed

Sawtell Holiday Park

$40,000

2019 - 2020

Park Beach

Upgrade and fit out storage facilities

Park Beach Reserve

$50,000

2019 - 2020

Park Beach

Additional storage fit out / Shade Structure  Park Beach Reserve

$20,000

2020 - 2021

Woolgoolga Beach

Construction of storage shed

$106,000

2020 - 2021

Emerald Beach

Construction of storage shed

$106,000

2022 - 2024

Jetty Beach

Construction of storage shed

$106,000

 

 

Total

$428,000

 

Council currently holds approximately $147,000 in funds collected, therefore it is estimated $281,000 is still to be levied on future developments during the term of the plan.  This information has been considered in the review of the attached revised Surf Rescue Developer Contributions Plan.  The review has resulted in an increase in the contributions rate as detailed in this report under Broader Economic Implications.

 


 

 

Administration Levy

 

Council currently has in place a district wide Developer Contributions Plan for the collection of funds to enable the service delivery, administration and co-ordination relating to all Developer Contribution operations, within the Coffs Harbour LGA.  This plan came into effect in October 2014.  The primary purpose of this plan is to satisfy the requirements of the EP&A Act and Regulation to enable Council to require a contribution towards the costs associated with administering Developer Contribution Plans pertinent to the Coffs Harbour LGA.

 

These administrative functions include, but are not limited to:

 

1.    Developer contribution plan preparation;

2.    Monitoring and review of developer contributions plans to ensure adequate funding is being achieved for the provision of infrastructure and services included in Council’s developer contributions plans;

3.    Statutory requirements of advertising and review of submissions;

4.    Negotiating works in kind arrangements in accordance with Council’s policy where appropriate;

5.    To provide a comprehensive strategy for the assessment, collection, expenditure, accounting and review of development contributions on an equitable basis throughout the Coffs Harbour LGA.

 

This plan includes provisions for the resourcing of the above functions over the term of the plan.  The schedule of items equates to $991,900 and is calculated over a five-year period.

 

Council currently holds approximately $244,384 in collected funds, with $263,070 apportioned to come from the funds gathered under section 64 Water Supply and Wastewater Developer Servicing Plans.  Therefore, it is estimated $484,446 is to be levied on future developments in order to meet the servicing of the contribution plans over the specified period.  This information has been considered in the review of the attached revised Administration Levy Developer Contributions Plan.  The review has resulted in a reduction in the contributions rate as detailed in this report under Broader Economic Implications.

Issues:

Surf Rescue Facilities

 

The current Surf Rescue Facilities Developer Contributions Plan aims to provide essential storage facilities used to aid the vital operation of lifeguard services.  As time has passed the location, types of structures and variations to construction costs have been reviewed to ensure they are sufficient to cater for the growing population.  The modified costs within the plan review provide adequate funding to meet these objectives.  Not reviewing or adopting this plan could result in a funding shortfall and an inability to deliver these essential infrastructures in a timely manner.

 

Administration Levy

 

The current Administration Levy Developer Contributions Plan aims to provide the resources to administer and co-ordinate all Developer Contributions Plans for the Coffs Harbour LGA.  These plans provide essential infrastructure and a direct benefit to the growing Coffs community.  The current plans are projected to collect in excess of the amount required to service these plans over the term of the plan.  Therefore, the review of this plan has been necessary to adjust the funding provisions to satisfy its objectives by way of equitable resourcing and service delivery.

Options:

In considering this report, Council has the following options:

 

1.    Adopt the recommendation and place the reviewed draft Surf Rescue and Administration Levy Developer Contributions on public exhibition, for a period of 28 days.

2.    Reject the recommendation of this report and retain the current Developer Contribution Plans.

 

Option 1 is recommended to ensure the plans are aligned and reflect current infrastructure requirements for Surf Rescue facilities associated with future development and to meet the resourcing provisions associated with maintaining the Developer Contributions service delivery.

Sustainability Assessment:

•     Environment

The Surf Rescue facilities proposed are to be simple in nature and will generally resemble a sophisticated garage and in some instances are attached to an amenity block.  It is anticipated that all structures will be erected on Council controlled land (e.g. State Park).  Whilst the proposed storage facilities will generally be relatively small in dimensions, there is likely to be a minor effect on the environment during the construction stage. No environmental issues have been identified with the Administration Levy Developer Contributions Plan.

•     Social

The provision to provide and strategically locate surf rescue storage facilities will ensure adequate levels of surf patrol rescue equipment are readily available in close proximity to patrolled beaches.  This will better ensure the safety of the beach-going public, and provide for reduced response times to emergency incidents.

 

Providing an adequate level of service by way of the effective administration of developer contributions plans supports the ability for Council to effectively deliver essential infrastructure and specific developer contribution services to the growing local community.

•     Civic Leadership

The MyCoffs Community Strategic Plan provides for a strategy to “An active, safe and healthy community (A2)” and “We have effective use of public resources. (D2)”.  The provisions outlined in these Contributions Plans are in line with Council achieving these objectives.

•     Economic – Broader Economic Implications

Surf Rescue

 

By adopting the revised Surf Rescue Facilities Contributions Plan, adequate funding will be available for the construction of the proposed storage facilities associated with future growth over the life of the plan.  The current contributions rate applicable under the Surf Rescue Developer Contributions Plan is $75.52 per lot, whereas contributions under the reviewed Surf Rescue Developer Contributions Plan are increased to $141.42 per lot.  This represents an increase in the contribution of $65.90 per lot.

 

Administration Levy

 

By adopting the reviewed Administration Levy Contributions Plan adequate funding will be available to meet the resourcing provisions associated with maintaining the Developer Contributions service delivery, administration and co-ordination and the future growth over the life of the plan.

 

The current contributions rate applicable under the Administration Levy Developer Contributions Plan is $550.82 per lot, whereas contributions under the reviewed Plan would decrease to $243.82 per lot.  This represents a reduction in the contribution of $307.00 per lot. Overall the combined contributions will reduce by $241.10 per standard lot across these two district plans.

•     Economic - Delivery Program/Operational Plan Implications

There are no immediate impacts on Council’s Delivery Plan/Operational Plan.

Risk Analysis:

The draft Developer Contributions Plans include scheduled items that are dependent upon future developments.  The plan is based on cost estimates for proposed works and/or developer contribution services.  These estimates may require adjustment as final costings are prepared prior to the commencement of works.  However, significant effort has been directed towards the process of costing the projects included in the works schedule to minimise the risk of cost variances.  Indexation of the levied charges will also assist with pricing fluctuations.

 

By not adopting the reviewed plans, Council will retain contribution plans that have either a projected financial shortfall for Surf Rescue Facilities or a projected financial excess for the Administration Levy in future years.

Consultation:

Relevant staff members across Council have been consulted in the preparation of this report, being engaged in the general review of these contribution plans and involved in the planning of the proposed works schedule.

Related Policy, Precedents and / or Statutory Requirements:

The relevant statutory requirements for the preparation/review of developer contribution plans and collection of contributions are principally the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, the Local Government Act 1993 and the Water Management Act 2000.

Implementation Date / Priority:

The draft Developer Contributions plans will be placed on public exhibition inviting submissions for a period of 28 days.  This will be actioned immediately should Council adopt the recommendation in this report.  A subsequent report will be provided to Council highlighting any submissions received.

 

The Environmental Planning and Assessment Regulation, provides for a contribution plan to come into effect on the date a public notice is issued in the local newspaper, or on a later date specified in that notice.

Conclusion:

Regular reviews of Developer Contributions Plans are essential to ensure they remain financially sustainable for the delivery of planned infrastructure works with the LGA associated with future growth.  As these plans have progressed it has been necessary to conduct these reviews to ensure the plans remain consistent with regulation, project costings, strategies and objectives.  The following contribution plans have been reviewed:

 


 

 

Surf Rescue Facilities

 

As the contributions plan has progressed, variations to the collection of funds and work schedule has advanced.  As a result of these changes the proposed amended works schedule now includes the removal of the Corindi storage facility and adding the Jetty Beach storage facility.  The estimated cost of construction has increased and is factored and apportioned on updated population forecasts.

 

Administration Levy

 

The current Administration Levy Developer Contributions Plan provides a mechanism for the provision of resourcing the items associated with delivering and servicing developer contributions within the Coffs Harbour LGA.  As the contribution plan has progressed, the plan is projected to collect in excess of the required amount to deliver these services.  The review of the plan was necessary to ensure the objectives of the plan are being met in line based on updated population forecasts.

 

Subject to public submissions, the adoption of the reviewed plans will provide a combined reduction in developer contributions of $241.10 per standard lot.

 

 

 


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BS19/26       Sale of Land for Unpaid Rates

Author:                        Section Leader Financial Support

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/26   CONFIDENTIAL Rates Outstanding as at 31 May 2019

Confidential in accordance with Section 10A(2)(b) of the Local Government Act as it contains discussion in relation to the personal hardship of a resident or ratepayer.

ATT2  BS19/26   CONFIDENTIAL Land Parcel Maps   

 

Executive Summary

Within the Coffs Harbour LGA there are 13 properties that are small parcels of closed roads that have over 10 years of outstanding rates and charges in the amount of $126,538.75.

 

In accordance with Council’s Sale of Land to Recover Unpaid Rates and Charges Policy and Section 713 of the Local Government Act, Council may commence the sale of land process to recover these outstanding amounts at public auction if Council is unable to enter into an acceptable payment arrangement with the owners or receive payment in full.

 

Recovery of these outstanding rates and charges will result in the land parcels becoming revenue recoverable properties again, thereby contributing the funding of Council’s service delivery to the community.

 

 

Recommendation:

That Council:

1.       In accordance with Section 713 of the Local Government Act 1993, proceed to sell the properties listed in the Confidential Attachment 1 at public auction to recover the outstanding rates and charges on each property.

2.       Note that arrangements satisfactory to Council to avoid properties being sold for unpaid rates, will require the amount of rates and charges (including extra charges) overdue for more than five years to be paid in full and the remaining outstanding balance to be paid within 12 months of the date of the arrangement being made.

3.       Note that a further report will be prepared for the 8 August 2019 Ordinary Council Meeting detailing all outstanding rates and charges for each property and the preparation of the General Manager’s Certificate, auction date and location.

 

Report

Description of Item:

Council has applied the principles behind the adopted Debt Recovery Policy and associated processes to recover the outstanding amounts; however, this has not been successful.  Therefore, in accordance with Council’s Sale of Land to Recover Unpaid Rates and Charges Policy, officers now seek Council’s resolution to proceed with the sale of land as detailed in Confidential Attachment 1, which outlines the unpaid rates and charges as at 31 May 2019.

 

Council currently has 13 properties that have over 10 years of rates outstanding.  These properties are small parcels of closed road that were missed at the time the large parcels surrounding them were sold.

 

Council has the ability to sell land to recover unpaid rates and charges. For this to occur Council is required to comply with legislative requirements under Sections 713 – 726 under the Local Government Act 1993 (the Act).

 

One of the major benefits of selling properties for unpaid rates is to recover the outstanding debt and make the revenue generated through rate and charges on the property recoverable again.  Council has the ability to recover any cost incurred from the sale, any enforcement expenses, the rates outstanding including any interest and collection costs and any other amount due in respect of the land.

 

Council may sell land for unpaid rates and charges under Section 713 (1) of the Act as it states:

 

For the purposes of this Division, a rate or charge is overdue if:

 

(a)   in the case of vacant land, it has remained unpaid for more than one year, or

(b)   in the case of any other land, it has remained unpaid for more than 5 years,

 

from the date on which it became payable.

 

Under Section 713 (2) of the Act:

 

A council may, in accordance with this Division:

 

(a)   sell any land (including vacant land) on which any rate or charge has remained unpaid for more than 5 years from the date on which it became payable, and

(b)   sell any vacant land on which any rate or charge has remained unpaid for more than one year but not more than 5 years from the date on which it became payable, but only if:

(i)    the council obtains a valuation of the land from the Valuer-General; and

(ii)   the total amount of unpaid rates or charges on the land exceeds the valuation; and

(iii)   the council sells the land within 6 months after the date when the council received the valuation.

 

Under Section 713 (3) of the Act:

 

The council must not sell any such land unless the general manager or the public officer certifies in writing:

 

(a)   what rates and charges (including overdue rates and charges) are payable on the land, and

(b)   when each of those rates and charges was made and how it was levied, and

(c)   when each of those rates and charges became payable, and

(d)   what amounts are payable by way of overdue rates and charges on the land, and

(e)   what amounts are payable by way of rates and charges (other than overdue rates and charges) on the land.

 

A further report to Council is required to be presented with a recommendation to commence the sale of land to recover unpaid rates detailing each property to be subject to the process prior to public notification.

Issues:

Confidential Attachment 1 to this report provides a summary of each property’s outstanding rates and charges as at 31 May 2019.  Also Confidential Attachment 2 shows maps of the parcels of land proposed for sale at public auction.

 

The total balance of rates and charges outstanding as at 31 May 2019 for the vacant land parcels is $126,538.75.

Options:

The following options are available to Council:

 

1.   Adopt the recommendation provided to Council.  This will allow Council officers to further attempt to enter into an acceptable payment arrangement, pay the outstanding amount in full or, through a further report to Council, seek a resolution from Council to proceed with the sale of land at public auction.

2.   Amend the recommendation provided to Council and then adopt.  Depending of the nature of the amendment, this may have an impact on the recoverable amount available to Council.

3.   Reject the recommendation provided to Council.  The land parcels listed in the Confidential Attachment 1 are all small parcels of closed road that were not captured at the time larger parcels surrounding them were sold.  The rates and charges will likely continue to be unrecoverable until sold. This will continue to have an impact on Council’s cash flow.

Sustainability Assessment:

•     Environment

There are no environmental impacts from this report.

•     Social

In undertaking the sale of land process, Council will ensure that all effected residents including adjoining owners, are treated fairly.

•     Civic Leadership

Rates and charges are an essential component of Council’s revenue which fund works and services aimed at achieving the objectives of the MyCoffs Community Strategic Plan.

•     Economic – Broader Economic Implications

Overdue outstanding rates and charges reduce cash flow for Council.  Council’s outstanding debt ratio as at 31 March 2019 was 6.72%.

 

Council officers seek a resolution to proceed with the sale of land process.  All costs associated with the sale of these properties can be recovered from the sale proceeds.

 

The settlement of the unpaid rates in full or by way of agreed payment arrangement, or sale of the property at public auction allows Council to recover the outstanding debt and for the land parcels to become revenue recoverable properties again, thereby contributing the funding of Council’s service delivery to the community.

•     Economic - Delivery Program/Operational Plan Implications

There are no significant current Delivery Program or Operational Plan implications; however, the rates and charges that were raised in the prior years for these properties have not been recovered to date.

Risk Analysis:

In accordance with legislation, rates and charges are required to be levied by Council.  Failure to recover these amounts has a detrimental effect on Council’s ability to deliver essential services.

Consultation:

Council officers have consulted with the Executive Leadership Team to seek endorsement to proceed with the sale of land process for the properties as listed in Confidential Attachment 1.

Related Policy, Precedents and / or Statutory Requirements:

-     Debt Recovery Policy

-     Sale of Land to Recover Unpaid Rates and Charges Policy

Implementation Date / Priority:

Council officers will contact the property owners in writing, allowing 30 days from the date of writing to make payment in full or enter in to an agreed payment arrangement.

 

After this time, Council staff will prepare a further Council report seeking approval to proceed with the sale of land for properties with rates and charges that remain outstanding.

Conclusion:

This report seeks Council resolution to commence the Sale of Land to Recover Unpaid Rates and Charges process for the 13 properties listed in Confidential Attachment 1.

 

 

 


BS19/27       Renewal of Australia Post Agreement (Over The Counter Services)

Author:                        Section Leader Financial Support

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/27   CONFIDENTIAL Australia Post Billpay Agreement 2019-2022

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

 

Executive Summary

Council recognises that a significant number of ratepayers continue to use ‘over the counter’ payment services provided by Australia Post, utilising post offices within both the local region and across Australia and that they have done so since 2001.  It is considered that the service provided by Australia Post is a solution for Council in providing an alternative ‘over the counter’ payment service for rate and water account payments especially for those customers living outside of the Coffs Harbour area.

Council’s current agreement with Australia Post is due to expire on 30 June 2019.  This report seeks Council’s resolution to renew an agreement with Australia Post for a further three year term to continue this payment service until 30 June 2022.

 

Recommendation:

That Council:

1.       In accordance with s55(3)(i) of the Local Government Act resolves due to extenuating circumstances, being the unavailability of competitive or reliable tenderers, to renew its agreement with Australia Post to provide over the counter payment services for the receipt and processing of Council water and rate accounts.

2.       Delegates the General Manager to execute an agreement with Australia Post to continue this payment service for a three year term until 30 June 2022.

3.       Notes the associated transaction costs as detailed in the confidential attachment.

 

Report

Description of Item:

This report seeks Council resolution to provide Council’s General Manager delegated authority to renew an agreement with Australia Post to provide an ‘over the counter’ account payment service (for rate and water account payments) through its network of post offices across Australia for a further three-year term until 30 June 2022.

Australia Post has a network of some 4,356 post offices across Australia, providing a coverage that is unmatched by any other ‘over the counter payment’ service.  It is considered that the service provided by Australia Post is a ‘best value’ solution for Council in providing an alternative ‘over the counter’ payment service (for rate and water account payments) especially for those customers living outside of the Coffs Harbour area.

Issues:

Although Council provides a number of account payment options via online and telephone platforms, such as B-Pay, Electronic Fund Transfer (EFT) and credit card payment, approximately 35,000 transactions per annum of all account payments are still made ‘over the counter’ at Australia Post outlets.

As online channels have a lower transactional cost, when compared to ‘over the counter’ transactions, Council will continue to promote payment methods via online channels; however, Council still needs to consider those customers not yet able to use or access online payment methods.

Options:

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

1.   Adopt the recommendation provided to Council, which will enable the General Manager to execute an agreement with Australia Post to continue an ‘over the counter’ payment service for a further three year term and continue this payment service until 30 June 2022.

2.   Amend the recommendation provided to Council and then adopt. Depending on the nature of the amendment, this may impact the service to be provided by Australia Post.

3.   Reject the recommendation provided to Council; this will result in the cessation of the service currently provided by Australia Post.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

If this service was to cease it would reduce customer options and levels of service around the availability of ‘over the counter’ rate and water account payments.

•     Civic Leadership

The service provided by Australia Post enables customers not familiar with online payment channels the ability to make payments at any Australia Post office around both the local region and across Australia.  This is consistent with the MyCoffs Community Strategic Plan strategy D2.1: our community continues to have access to high quality public services.

•     Economic – Broader Economic Implications

The Australia Post service provides the required coverage across not only the local region but Australia for those customers wanting to make ‘over the counter’ rate and water account payments (other than at Council’s Customer Service Centre).  If this service was to cease it may result in additional costs to customers as they may either need to travel to Council’s Customer Service Centre or send account payments (cheques or money orders) through the post.  This cessation would also have an impact on Council in regards to a possible need for additional resources to receipt and process an increased volume of account payments.

•     Economic - Delivery Program/Operational Plan Implications

The approximate annual cost of this service is built into the Operational Plan at approximately $81,000 (excluding GST).

Risk Analysis:

Whilst Council has a focus on promoting online payment methods there remains recognition that not all customers are in a position to use online platforms.  Therefore, the service provided by Australia Post provides a required level of service for those ratepayers wanting to make an ‘over the counter’ account payment, this alternative option is in addition to Council’s Customer Service Centre.

Consultation:

A full review of options for external payment services was completed in 2013.  At that time it was determined that the ‘over the counter’ service provided by Australia Post was ‘best value’ in regards to cost and more importantly network coverage, both within the local area and across Australia.

Related Policy, Precedents and / or Statutory Requirements:

Council has used Australia Post for over sixteen years in providing this service.

Implementation Date / Priority:

Subject to Council approval, the associated agreement will be executed by the General Manager as soon as possible to enable the continuation of the service provided by Australia Post for a further three year term.

Conclusion:

It is recommended, with reference to section 55(3)(i) of the Local Government Act, because of extenuating circumstances, being the unavailability of competitive or reliable tenderers, that Council renew its agreement with Australia Post to provide ‘over the counter’ services for water and rate accounts payments and that Council delegates the General Manager to execute this agreement for a three year term which extends the service to the Community until 30 June 2022.

 

 

 


BS19/28       Contract No. RFT-1096-TO Supply of Aviation Security Screening

Author:                        Manager Airport

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/28   CONFIDENTIAL Tender Assessment Contract No. RFT-1096-TO

Confidential in accordance with Section 10A(2)(d)(i),(d)(ii) 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, and information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

Executive Summary

As part of Council’s responsibility as a Security Screened Airport operator, there is a requirement to have a suitable aviation security provider or employees undertake passenger security screening at its airport.  The requirement is covered in the Aviation Transport Security Act (ATSA) 2004 and the Aviation Transport Security Regulation (ATSR) 2005.

 

Tenders for the Supply of Aviation Security Screening have been called, received and evaluated. This tender is tabled for Council’s consideration and decision, in accordance with Council’s adopted Tenders Acceptance Policy, due to the tender binding Council for a period exceeding the current elected term of the Council with the value exceeding $1.5 million.

 

 

Recommendation:

That Council considers tenders received for the Supply of Aviation Security Screening RFT-1096-TO, and adopt the recommendation as detailed in the confidential attachment to this report.

 

Report

Description of Item:

As part of Council’s responsibility as a Security Screened Airport operator, there is a requirement to have a suitable aviation security provider or employees undertake passenger security screening at its airport.  The requirement is covered in the Aviation Transport Security Act (ATSA) 2004 and the Aviation Transport Security Regulation (ATSR) 2005.

 

Open tenders were called on 26 March 2019 for a lump sum contract in local and capital city newspapers and via Council’s electronic Tenderlink portal.  Tenders closed at 10.00am on Wednesday 24 April 2019.

 

Tender submissions were received from seven organisations, which were:

 

1.    Wilsons Aviation Services Pty Ltd

2.    Trident Services Security Pty Ltd

3.    SNP Security

4.    Securitas Transport Aviation

5.    SECUREcorp Pty Ltd

6.    No. 1 Protection Services Pty

7.    MSS Security Pty Ltd

 

Tenders were evaluated on the following criteria:

 

·     Tender price

·     Capability/capacity to perform the role

·     Recent relevant experience/referee

·     Understanding of scope/compliance

Issues:

There are no issues associated with this report.

Options:

The options available to Council under the Local Government Act with respect to this report are to:

 

1.    Adopt the recommendation provided to Council within the confidential attachment; or

2.    Amend or reject the recommendation.

Sustainability Assessment:

•     Environment

There are no environmental implications associated with this report.

•     Social

Without passenger security screening facilities the airport would be restricted to smaller aircraft, which would not require screening in accordance with the regulations.  This would severely restrict the passenger aviation services able to be provided by the airport.

•     Civic Leadership

Sourcing security screening for the airport through an open tender process supports the MyCoffs Community Strategic Plan objective:

 

-     D.2 We have effective use of public resources

 

As the airport operator Council is responsible to ensure a continued safe and efficient operation in accordance with the relevant government regulations.

•     Economic – Broader Economic Implications

The airport provides a transport hub for the Coffs Coast region.  The continued operation of the airport has a significant economic impact on the local economy providing a vital service to the business and tourism sectors.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program or Operational Plan implications as the existing security screening budget is adequate and the passenger security screening costs are fully recovered from the airlines.

Risk Analysis:

The appointment of a suitably qualified aviation security screening provider is required under regulations and necessary to mitigate operational risks to large turbo prop and jet aircraft at the Coffs Harbour Airport.

 

There is no additional risk exposure to Council through the appointment of a contractor to provide passenger security screening as this method of service provision is already an integral part of the current airport operation.

Consultation:

Internal consultation has occurred to advance the procurement of passenger security screening for the airport.

Related Policy, Precedents and / or Statutory Requirements:

The calling and receiving 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 the tendering guidelines and Council's Tender Evaluation System has been applied during the tender evaluation process.

 

This tender is tabled for Council’s consideration and decision, in accordance with Council’s adopted Tenders Acceptance Policy, due to the tender binding Council for a period exceeding the current elected term of the Council with the value exceeding $1.5 million.

Implementation Date / Priority:

The current agreement with MSS Security Pty Ltd expired on the 30 April 2019 with an extension agreed until 30 June 2019.  Therefore, this new contract agreement will be effective from 1 July 2019.

Conclusion:

Tenders for the Supply of Aviation Security Screening have been called, received and evaluated and are now provided for Council’s consideration and decision.

 

  


SC19/20       Development Application No. 0709/17 - Dwelling-House - Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach

Author:                        Development Assessment Officer - Senior

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/20   Development Application 0709/17 - S4.15 Evaluation Report 

ATT2  SC19/20   Development Application 0709/17 - Plans 

ATT3  SC19/20   Development Application 0709/17 - Draft Conditions 

ATT4  SC19/20   CONFIDENTIAL Development Application 0709/17DA - 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 0709/17DA for a dwelling-house at Lot 62 DP 1143405, Solitary Islands Way, Emerald Beach.

At its meeting of 12 October 2017, Council adopted the ‘Development Applications - Consideration by Council Policy’, which outlined:

Development applications for approval involving substantial aspects of the following elements to 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

d)   Major environmental issues

During the assessment process, Council received 27 submissions. Accordingly, this matter is reported to Council for determination due to significant public interest and community input.

It is recommended that the development be approved, subject to the imposition of conditions.

 

Recommendation:

That Council:

1.       Approve Development Application No. 0709/17 for a dwelling-house at Lot 62 DP 1143405, Solitary Islands Way, Emerald Beach subject to the conditions in Attachment 3.

2.       Advise persons who made a submission on Development Application No. 0709/17 of Council’s decision.

 

Report

Description of Item:

·     The Site

The site is known as Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach. The land has direct frontage to and is accessed from Solitary Islands Way, which is a service road to the Pacific Highway.

The property is approximately 29.7 hectares in size. The topography of the site is low lying and mostly flat.

The site does not currently accommodate any structures, but is heavily vegetated.

The site is currently zoned E2 Environmental Conservation under Coffs Harbour LEP 2013.  However, at the time of lodgement of the development application, the “deferred area” provisions applied.  Therefore, for the purpose of development assessment, the site is considered according to the Residential 2A Low Density, Environmental Protection 7A Habitat and Catchment and Environmental Protection 7B Scenic Buffer zones under the provisions of the Coffs Harbour Local Environmental Plan 2000.

·     The Development

The proposed development involves the erection of a dwelling-house and associated driveway access.

Issues:

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

-     Biodiversity impacts; and

-     Flooding and coastal processes.

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

Options:

1.   Adopt the recommendation thereby granting approval to the development, subject to conditions.

2.   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, involving the erection of a dwelling-house and associated driveway access is not expected to result in unacceptable environmental impacts. A complete assessment of potential environmental impacts is provided in the Section 4.15 Evaluation Report as Attachment 1 to this report.

•     Social

The development, involving the erection of a dwelling-house and associated driveway access is not expected to result in unacceptable social impacts. A complete assessment of potential social impacts is provided in the Section 4.15 Evaluation Report as Attachment 1 to this report.

•     Civic Leadership

-     MyCoffs Community Strategic Plan:

The proposed dwelling-house is considered to be consistent with the ‘MyCoffs Community Strategic Plan’ particularly the ‘A Place for Community’ theme, which requires amongst other things that development occur in a way that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

The proposed development 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:

Given that the development involves a single dwelling-house on a large lot of land that is located some distance from adjoining land uses, it is considered that the development is unlikely to adversely affect the enjoyment of adjoining land. The application, therefore, was not advertised or notified to adjoining landowners. This decision was taken in accordance with the requirements of the Coffs Harbour Notification Development Control Plan 2000.

Regardless, Council received 27 public submissions during the assessment process, which are required to be considered as part of the assessment of the application. A full copy of all of the submissions is a confidential attachment to this report, 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 4.15 – 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 4.15 of the Environmental Planning and Assessment 1979.

A Section 4.15 Evaluation is provided as Attachment 1.

·    Other Relevant Statutory Instruments

The application was lodged with Council on 24 February 2017. The application was lodged with Council prior to the full commencement of the following legislation, environmental planning instruments and development control plan:

-     Biodiversity Conservation Act 2016 (NSW)

-     Coffs Harbour Local Environmental Plan 2013

-     State Environmental Planning Policy (Coastal Management) 2018

-     Coffs Harbour Development Control Plan 2015

In this regard, Part 7 of the Biodiversity Conservation Act 2016 (NSW) commenced for the Coffs Harbour Local Government area on 24 November 2018.  For this site, Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015, commenced on 27 July 2018 and State Environmental Planning Policy (Coastal Management) 2018 commenced on 3 April 2018. 

The savings and transitional arrangement provisions contained within these planning instruments provide that the application must be determined as if the provisions had not commenced.

The Section 4.15 Evaluation appended to this report evaluates the application by applying these savings provisions.

The statutory instruments relevant to the assessment of the proposed development, therefore, include the following:

-     Environmental Planning and Assessment Regulation 2000

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

-     State Environmental Planning Policy No. 71 – Coastal Protection

-     Coffs Harbour Local Environmental Plan 2000

-     Coffs Harbour Notification Development Control Plan 2000

-     Coffs Harbour Low Density Housing Development Control Plan 2000

-     Draft Coffs Harbour Local Environmental Plan 2013

-     Draft State Environmental Planning Policy (Coastal Management) 2018

-     Draft Coffs Harbour Development Control Plan 2015

Each of these statutory instruments is considered in detail in the Section 4.15 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 by way of approval, subject to conditions.

 


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SC19/21       Draft Aboriginal Cultural Awareness and Engagement Guide

Author:                        Section Leader Community Planning & Performance (Acting)

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC19/21   Draft Aboriginal Cultural Awareness and Engagement Guide  

 

Executive Summary

Council has recognised the need to develop a Guide for Aboriginal Cultural Awareness and Engagement for use by staff, Councillors and volunteers.

Internal (Council) and external (community, service providers and other Government agencies) stakeholders have been consulted to help inform the draft ‘Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement.

Feedback during the consultation to develop the Guide also highlighted a need to review the Yandaarra Aboriginal Advisory Committee Terms of Reference.

 

Recommendation:

That Council:

1.   Endorse the Draft ‘Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement and place on public exhibition for 28 days.

2.   Review the Terms of Reference for the Yandaarra Aboriginal Advisory Committee.

3.   Note that further reports will be brought back to Council for consideration following public exhibition of the draft Aboriginal Cultural Awareness and Engagement Guide and an updated Terms of Reference for the Yandaarra Aboriginal Advisory Committee.

 

Report

Council has recognised the need to develop a guide for Aboriginal Cultural Awareness and Engagement for use by staff, Councillors and volunteers.

Internal (Council) and external (community, service providers and other Government agencies) stakeholders have been consulted to help inform the draft ‘Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement.

The draft Guide contains information to refer to when consulting and collaborating with local Aboriginal communities and includes information such as:

-     The Gumbaynggirr nation and Aboriginal identity.

-     Significant ceremonies, dates and events.

-     Cultural practices and considerations (including Welcome to Country and Acknowledgements).

-     Community engagement protocols.

The draft Guide has been developed in order to:

-     Assist Councillors, staff and volunteers to provide a consistent and respectful approach to engaging with the Aboriginal community through strong relationships and effective communication.

-     Promote a collaborative approach to assist in the protection of Aboriginal culture in the local government area.

-     Provide social and cultural understanding for the local community by acknowledging and celebrating Aboriginal perspectives and worldviews.

Issues:

The draft Guide was developed by Murawin Consulting, a majority Indigenous-owned consultancy firm based on the Mid North Coast. Consultations were undertaken by Murawin with local Aboriginal Elders, Community Members and Aboriginal Organisations, Yandaarra Aboriginal Advisory Committee and Council staff.

The draft Guide has been circulated for comment to key internal and external stakeholders that were consulted by Murawin. There has been positive feedback received from those stakeholders and amendments made to the document where required. It is recommended that the draft Guide is placed on public exhibition to allow for consultation with the broader community.

The Guide when finalised will be used for training and induction purposes and updated as required and demonstrates a commitment by Council to further cultural understanding and respectful engagement with the Aboriginal community.

A key recommendation from Murawin Consulting identified through stakeholder consultation is to review the Terms of Reference for the Yandaarra Aboriginal Advisory Committee.  The current Terms of Reference notes that a structural review of the Committee will be undertaken in 2020.  It is now recommended to bring this structural review forward and undertake this review and report back to Council with the outcomes.  Murawin Consulting has recommended that Council consult further with the local Aboriginal community as to ways in which the Yandaarra Aboriginal Advisory Committee can better meet the needs of community and Council.

Options:

There are two options that may be considered by Council:

1.   Adopt the recommendation.

2.   Reject the Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement and the review in 2019 of the Terms of Reference for the Yandaarra Aboriginal Advisory Committee.

Sustainability Assessment:

•     Environment

Council acknowledges the ongoing connection and custodianship of the land, waters and community of this area by the Gumbaynggirr people.  The Guide identifies and provides background information on a number of environmental considerations.  Council has an important role as a land use manager and a consent authority in identifying, assessing and managing heritage objects and places in the Coffs Harbour Local Government area. 

•     Social

The MyCoffs Community Strategic Plan states that we recognise and acknowledge the traditional custodians of the Coffs Harbour Local Government Area (A1.1).  The Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement will provide Councillors, staff and volunteers with a greater understanding of the Gumbaynggirr culture and heritage.  It aims to assist in creating greater cohesion, collaboration and partnerships with the local Aboriginal community.

•     Civic Leadership

The MyCoffs Community Strategic Plan states that Council undertakes effective engagement and are informed (D1.2).  The Yandaarra Aboriginal Advisory Committee is a mechanism for maintaining an ongoing and productive relationship between Council and the Aboriginal community and as a forum to provide advice to Council.

•     Economic – Broader Economic Implications

The Indigenous business sector is fast growing across the country and coupled with the growth of Indigenous Procurement Policies in both the government and corporate sectors, there is great value to be gained by accessing and utilising local Indigenous businesses. 

The draft Guide recommends that Council engage with Supply Nation and the NSW Indigenous Chamber of Commerce to identify Aboriginal businesses that can be invited to quote and tender for works with Council.

•     Economic - Delivery Program/Operational Plan Implications

Nil

Risk Analysis:

The draft “Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement has resulted from consultation with key stakeholders and community members and demonstrates a commitment by Council to further cultural understanding and respectful engagement with the Aboriginal community.

Consultation:

Murawin Consulting undertook a review of key documentation, facilitated three community consultations at Boambee, Woolgoolga and Wongala Estate; and with the Yandaarra Aboriginal Advisory Committee.  Murawin Consulting also consulted with key stakeholders including:

-     Elders Groups

-     Aboriginal Affairs – North Coast Region

-     Coffs Harbour and District Local Aboriginal Land Council

-     Yandaarra Aboriginal Advisory Committee members

-     Coffs Harbour Aboriginal Interagency (CHAI)

-     Muurrbay Aboriginal Language and Culture Co-operative

-     Council’s Senior Leadership Team, and other Council staff

-     Other Aboriginal community organisations, service providers and community members

Related Policy, Precedents and / or Statutory Requirements:

Community Engagement Policy

Office of Local Government “Engaging with Local Aboriginal Communities” (2007)

National Parks & Wildlife Act 1974

Implementation Date / Priority:

It is planned to place the draft “Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement” on public exhibition once Aboriginal artwork and graphic design of the draft guide is finalised.

Conclusion:

Coffs Harbour City Council is committed to working in partnership with local Aboriginal communities.

The draft “Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement will assist Council staff, Councillors and Council volunteers (including Advisory Committee members) with cultural understanding and respectful engagement with the Aboriginal community.

 


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SI19/08         Installation of Continuous Deflection Separation Units on Coffs Creek Stormwater Outlets

Author:                        Group Leader Strategic Asset Management

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              Nil

 

Executive Summary

Council has previously resolved to receive a report investigating the potential installation of CDS units at the major stormwater outlets on Coffs Creek. Council is currently preparing a Stormwater Management Operation Plan for Coffs Creek which will address this issue in detail.

This report therefore provides an update to Council on the status of progress towards its earlier resolution.

 

Recommendation:

That Council note the Report.

 

Report

Description of Item:

At its meeting of 14 March 2019 Council Resolved:

Resolution 19/40

"That Council prepare a report on installing Continuous Deflection Separation pollution control units (CDS) on all six major stormwater outlets feeding to the Coffs Harbour Creek."

CDS Units are proprietary version of Gross Pollution Traps (GPT), manufactured by CDS Technologies. A GPT is a structure that treats water within the stormwater system to remove pollutants and contaminants. There are several manufactures of GPTs on the market, one of which is CDS Technologies.

Council has installed a CDS unit near the Englands Park tennis courts, and has more recently installed a different proprietary brand, a Humceptor, at the Jetty Foreshores. For the purposes of this report, structures will be referred to as generic Gross Pollutant Traps (GPT), rather than the proprietary ‘CDS’ unit.

Background

In August last year Council successfully secured grant funding from the Office of Environment and Heritage (OEH) under the Coastal and Estuary Grants Program, to formulate a ‘Stormwater Management Operation Plan for Coffs Creek’. Council is still in the process of researching and developing that Plan.

The Plan is particularly required to address an already identified high priority action in the Coffs Creek Estuary Coastal Zone Management Plan (CCECZMP) titled:

H-4 Stormwater management:

·    Develop a Stormwater Management Plan for Coffs Creek.

·    Regularly maintain the six major stormwater outlets in Coffs Creek

·    Investigate the need for a GPT next to Marcia Street Depot

·    Audit key industrial areas for better stormwater quality outcomes

·    Education of rural landholders for better soil / pesticide / fertiliser practices

As per the grant application, the outcome of the Stormwater Management Operation Plan for Coffs Creek is stated below.

‘This project will develop the Coffs Creek Stormwater Management Operational Plan. The Stormwater Operational Plan will clearly identify the adaptive strategies and designs for the maintenance and upgrade of existing stormwater infrastructure along Coffs Creek in the context of future coastal inundation and flooding risk. By integrating the existing Urban Stormwater Management Plan (2000), Coffs Creek Hydrology Study, Coffs Harbour Coastal Zone Management Plan (2013) and the Coffs Creek Estuary Coastal Zone Management Plan (2015), the Coffs Creek Stormwater Operational Plan will clearly identify the management needs for existing stormwater infrastructure along the creek and provide clear design guidance that minimises flooding risk whilst also maintaining the ecological integrity of the estuary.’

To effectively manage and improve the quality of stormwater entering Coffs and thereby enhance the ecological integrity of the estuary, work is required on two fronts:

·    Catchment management to ensure the quality of the stormwater sources, and

·    End of pipe treatment to address adverse water quality that does enter the system.

This second point is completely consistent with the thrust of Council’s resolution referred to above regarding the installation of Gross Pollutant Traps (GPT).

In accordance with the CCECZMP, Council is currently undertaking initiatives to manage the catchment, including revegetation of the riparian zones, consulting with upstream users to limit adverse runoff, advanced sewage and trade waste management, community education and litter management. Despite the successes of this ongoing work there will always be some residual contaminates and pollutants that enter the stormwater system. It is this last aspect that will be enhanced by an ‘end of pipe’ solution such as GPT.

The CCECZMP currently only identifies the existing Marcia Street stormwater outlet as a candidate for the installation of a GPT. In accordance with Council’s resolution 19/40 it is proposed that the future Stormwater Operations Plan will be used to investigate and propose detailed options for the installation of GPT at all the six major stormwater outlets in Coffs Creek.

The Plan will address, on the basis of suitability, effectiveness, size and location, the best types of GPT for each of the six major outlets.

Issues:

Actions items and construction requirements that may eventuate from the Stormwater Management Operation Plan for Coffs Creek, including the provision of GPTs, are currently unfunded, and will require inclusion in future Delivery Program and Operational Plan once they are quantified.

Options:

1.   Adopt the Recommendation and allow the Stormwater Management Operation Plan for Coffs Creek to identify the locations and most appropriate types of GPTs required by Resolution 2019/40.

2.   Resolve to install GPTs at the six primary stormwater outlets prior to the Stormwater Management Operation Plan for Coffs Creek being formulated.

Sustainability Assessment:

•     Environment

Actioning items in the CCECZMP will have major environmental benefits for the Coffs estuary and the community. The Stormwater Management Operation Plan for Coffs Creek is a key and high priority action item in the CCECZMP.

The Stormwater Management Operation Plan for Coffs Creek will include environmental assessments for the recommended actions.

•     Social

Coffs Creek is a major site for recreational activities including canoeing, swimming, fishing and picnicking. The health of Coffs Creek is paramount to recreational and social fibre of Coffs Harbour.

•     Civic Leadership

Council is responsible for the health of Coffs Creek, and the Stormwater Management Operation Plan for Coffs Creek can ably address the Council Resolution of 14 March 2019, and is consistent with the key Community Strategic Outcome:

‘A natural environment sustained for the future’

•     Economic – Broader Economic Implications

Coffs Creek is a major contributor to the economy of Coffs Harbour. The sustainability of the Creek is therefore linked to the sustainability of the economy which thrives on the natural and environmental assets that Coffs Harbour has on offer. 

•     Economic - Delivery Program/Operational Plan Implications

The preparation of the Stormwater Management Operation Plan for Coffs Creek is funded in equal proportion by an OEH Grant and the Stormwater Levy, and is included in the 2018/19 Operational Plan. There are therefore no Delivery Plan or Operational Plan implications arising from the adoption of the recommendation.

Yet to be identified actions, including the future installation of GPTs arising from the Stormwater Management Operation Plan for Coffs Creek, are currently unfunded, but will be subject to possible grant funding and inclusion in future Operational and Delivery Plans.

Risk Analysis:

A risk analysis of the Coffs Creek estuary will be undertaken as part of the Stormwater Management Operation Plan for Coffs Creek. The risks and benefits of GPTs will be addressed as part of the plan.

Consultation:

Suitable internal consultation has been undertaken and appropriate consultation with, and support from, external agencies has resulted.

Related Policy, Precedents and / or Statutory Requirements:

Procurement requirements for the Stormwater Management Operation Plan for Coffs Creek are being undertaken in accordance with Council’s procurement policy.

Implementation Date / Priority:

The final Stormwater Management Operation Plan for Coffs Creek will be available by December 2019, which will allow the possibility of including the installation of GPTs in the 2020/21 Budgeting process.

Conclusion:

The preparation of the Stormwater Management Operation Plan for Coffs Creek is currently on foot, and will address the possible installation of GPTs at the six major stormwater outlets on Coffs Creek.

 


SI19/09         Traffic Committee Meeting Nos. 3/2019

Author:                        Senior Engineering Officer - Traffic

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI19/09    Minutes Traffic Committee 3-2019

ATT2  SI19/09    Traffic Instruments  

 

Executive Summary

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for information.

Since the previous LTC report to Council there has been one regular meeting considering ten items, of which nine were regulatory in nature, and one event-related.  

All recommendations were of a minor nature and were therefore approved under the delegated authority previously issued by Council. The report lists the Minutes of the LTC for Council to note.

 

Recommendation:

That Council:

1.      Note the Minutes of the Local Traffic Committee Meeting of 30 April 2019.

2.      Note that the actions contained in the Minutes have been authorised for action in accordance with the delegations issued by Council.

 

Report

Description of Item:

Council’s delegation under the Roads Act 1993 requires Council to seek the advice of the NSW Police and the Roads and Maritime Services (RMS) before Council can exercise its delegated functions under the Act. This requirement is satisfied by Council utilising the Local Traffic Committee for advice.

In cases where the Local Traffic Committee advice is unanimous (as it was for all items covered in this report), and Council intends to follow that advice (which in this case it does), Council may authorise the implementation of the traffic facility or device which is the subject of that advice forthwith without further notifying the RMS or the NSW Police.

Issues:

Council should note carefully the recommendations of the LTC as they relate to the authorisation of traffic control facilities and prescribed traffic control devices with the aim to improve road safety and traffic management on local roads.

Options:

If Council wishes to act contrary to unanimous LTC advice, then Council must notify in writing, both the NSW Police and the RMS representatives on the LTC.  Council must then refrain from taking any action for 14 days so that the NSW Police or the RMS is given an opportunity to appeal to the Chairperson, Regional Traffic Committee should they so wish.

In the case of such an appeal, the decision of the Chairperson, Regional Traffic Committee is binding and final for matters under the Road Transport (Safety and Traffic Management) Act 1999.

Sustainability Assessment:

•     Environment

Not applicable.

•     Social

The recommendations in the report serve to improve road safety and traffic flow in the Local Government Area.

•     Civic Leadership

Council is responsible for the safe and efficient operation of the local traffic facilities, recommended by the LTC.

Safe and efficient traffic facilities are in line with several objectives of the MyCoffs Community Strategic Plan including:

-     A.2 An Active, Safe and Healthy Community

-     C.1 Liveable neighbourhoods with a defined identity

-     D.2 We have effective use of public resources

•     Economic – Broader Economic Implications

Not applicable.

•     Economic - Delivery Program/Operational Plan Implications

No implications arise as Council has an existing budget for the minor works associated with all traffic improvements which flow from the recommendations of this LTC meeting.

Risk Analysis:

The risk assessment for this business as usual activity of Council has identified the following risks associated with the Local Traffic Committee recommendations:

-     That Council may fail to fulfil its delegations as a road manager.

-     That Council may fail to implement risk mitigation measures identified in the Local Traffic Committee meeting.

To mitigate these risks, it is recommended that Council implement the LTC recommendations as detailed in this report.

Consultation:

The Local Traffic Committee members’ attendance is listed on the minutes.  Most of the matters raised were requests from the community.  Relevant stakeholders were consulted and reports were submitted to the Local Traffic Committee meeting.

Related Policy, Precedents and / or Statutory Requirements:

Traffic control facilities and prescribed traffic control devices may be authorised for use on a road or road related area, whether a public road or on private land, only by the RMS or Council.

Traffic may be regulated for various purposes by means of notices or barriers erected by a road authority.

Section 50 of the Transport Administration Act 1988 permits RMS to delegate its functions to other public agencies such as Councils.

Section 53A Part 6 permits RMS to give directions to Councils in relation to RMS functions.

The Road Transport (Safety and Traffic Management) Act 1999, incorporating the Road Rules 2008 provides for a system of traffic laws relating to all vehicles and pedestrians.

Implementation Date / Priority:

Road related modifications will be listed in the works program for installation within two months of the Council meeting.

Conclusion:

It is recommended that Council notes Minutes of the Traffic Committee Meeting No. 3/2019, and that Council also notes that items T.16, T.17, T.18, T.19, T.20, T.21, T.22, T.23, T.24 and T.25 have been approved under the delegation.

 


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