Coffs Harbour City Council

17 July 2019

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 25 July 2019

 

The meeting commences at 5.00pm and your attendance is requested.

 

 

AGENDA

 

1.         Opening of Ordinary Meeting

2.         Acknowledgment of Country

3.         Public Forum

4.         Disclosure of Interest

5.         Apologies

6.         Leaves of Absence

7.         Mayoral Minute

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.      Questions On Notice

19.      Matters of an Urgent Nature

20.      Consideration of Confidential Items (if any)

21.      Close of Ordinary Meeting.

 

 

Steve  McGrath

General Manager

 

 


Order of Business

 

  

Rescission Motion

RM19/01         Rescission Motion - Progression of the Cultural and Civic Space Project..................................................................................................................... 3

Directorate Reports - Business Services

BS19/34          Bank and Investment Balances for June 2019...................................... 170

BS19/35          Review of Environmental Levy Policy.................................................... 194

Notices of Motion Sustainable Communities

NOM19/06      Investigation of Possible Sites for Athletics Facility.................. 253

Directorate Reports - Sustainable Communities

SC19/26          Development Application No. 0709/17DA - Dwelling-House - Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach.................................... 255

SC19/27          Development Application No. 0285/19 - Telecommunications Facility - Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach.. 291

SC19/28          Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 13 (Housekeeping 4)................................................................................... 315

SC19/29          Contract No. RFT-955-to Design and Construct Solar PV Systems 320

SC19/30          2019/2020 Community Capital Infrastructure Grants Program.. 324

Directorate Reports - Sustainable Infrastructure

SI19/11           Contract No. RFT-1095-TO - Sportz Central Roof Replacement . 341   


RM19/01      Rescission Motion - Progression of the Cultural and Civic Space Project

Attachments:              ATTA RM19/01  11 July 2019 Report - Progression of the Cultural and Civic Space Project

ATT1  RM19/01  All Welcome Schematic SSDA Design Summary

ATT2  RM19/01  All Welcome Schematic SSDA Design Report

ATT3  RM19/01  Ground Level Floor Plan

ATT4  RM19/01  Level 1 Floor Plan

ATT5  RM19/01  Level 2 Floor Plan

ATT6  RM19/01  Level 3 Floor Plan

ATT7  RM19/01  Level 4 Floor Plan

ATT8  RM19/01  Level 5 Floor Plan

ATT9  RM19/01  Level 6 Floor Plan

ATT10 RM19/01  Basement Level Floor Plan

ATT11 RM19/01  Programme

ATT12 RM19/01  CCS Project Stakeholder Engagement Report

ATT13 RM19/01  CCS Project Stakeholder Engagement Appendices

ATT14 RM19/01  CONFIDENTIAL Cost Plan

Confidential in accordance with Section 10A(2)(c),(d)(i) 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.

ATT15 RM19/01  CONFIDENTIAL Property Valuation Summaries   

 

Councillors Rhoades, Amos and Arkan, have given notice that at the next Ordinary Meeting of Council to be held on 25 July 2019, they intend to move the following rescission motion:

 

RESCISSION Motion:

That the resolution 2019/114 titled GM19/18 Progression of the Cultural and Civic Space Project that was passed on 11 July 2019 of meeting be rescinded.

That Council Authorise progression of the Cultural & Civic Space Project to detailed design and construction including:

1.       Approval of full project funding at $76,520,000 with expenditure expected between 2018/19 and 2022/23;

2.       Noting that a development application will be lodged which is categorised as State Significant Development under section 4.36 of the Environmental Planning and Assessment Act, 1979;

3.       Authorising the disposal of the following properties through an expression of interest process and for a sale price of no less than the independent valuation less 10%:

3.1.      Administration Building, 2 Castle St, Coffs Harbour (Lot 2 Sec DP 566885, Lot 1 Sec DP 566855, Lot 8 Sec 6 DP 758258),

3.2.      Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398),

3.3.      169-171 Rose Ave, Coffs Harbour (Lot 100 Sec DP 861850),

3.4.      Museum, 215A Harbour Drive, Coffs Harbour (Lot 101 Sec DP 1041655);

4.       Authorising the preparation and execution of Contracts for Sale and any other necessary documents under the Common Seal of Council;

5.       Endorsing the revised method of procurement for the builder as “Design & Construction with 2 Stage Early Contractor Engagement”; and

6.       Noting that a report will be provided to Council as soon as possible outlining the procurement steps to engage the design team going forward.

 

 

 

 

 

 

 

 

 

 

 

 

If the motion is successful, we intend to move the following:

Council pause from the Gordon Street Civic and Cultural Space until such time as a further report on the Art Gallery, Museum, Library, Council offices and Conference / Performance Space options are presented to full Council.

 

 


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BS19/34       Bank and Investment Balances for June 2019

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/34   Investment Performance Report for the Month Ended 30 June 2019  

 

Executive Summary

Council’s Bank Balances and Investments as at 30 June 2019 totalled $220,767,239.59.  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). In this final Monthly Investment Performance Report for the Financial Year Ending 30 June 2019, further analysis is provided of Council’s Socially Responsible Investment Performance against last financial year in the Issues section of this report.

 

 

Recommendation:

That Council:

1.   Note the bank balances and investments totalling $220,767,239.59 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 June 2019.

2.   Note the analysis of Council’s Socially Responsible Investment Performance for 2018/19 Financial Year.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 June 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 June 2019 are available in the Councillors’ Resource Centre.

Issues:

Council’s fossil fuel ADI exposure remained relatively constant from the financial year ending 30 June 2018 to 30 June 2019 despite portfolio growth of $8.2M. There has been a slight increase in the investment in fossil fuel lending ADI’s in the 2019 financial year from 36.8% to 38.5% due to taking advantage of greater rates offered by higher rated ADI’s and prudent management of BBB and unrated exposure.

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 30 June 2019, it is noted that the total bank and investment balance was $220,767,239.59 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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BS19/35       Review of Environmental Levy Policy

Author:                        Grants Administration Officer

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/35   BS18/25 Environmental Levy Grants Program Policy, Guidelines and Panel

ATT2  BS19/35   Environmental Levy Policy DRAFT  

 

Executive Summary

Council approved a new Environmental Levy (EL) Policy at its meeting on 10 May 2018 with an implementation date of 1 July 2018.  The purpose of the policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program. A review date of 1 July 2019 was determined to allow an early review to make any improvements based on the first year of operation.

 

This report provides a review of the Environmental Levy Policy after the first year of operation. This report will also address Council resolutions that have been raised in relation to the Environmental Levy Policy, including Resolution numbers 2019/58, 2018/116, and 2018/146, as contained within the body of the report.

 

The main points of consideration within this report include the expansion of the EL Major Strategic Programs and Projects themes to include environmental health and water quality testing initiatives and an increase in Council’s Water Fund allocation to fund prospective projects under the expanded theme. There are proposed updates to the policy to include a provision for Environmental Levy Grants Program projects to submit half-yearly progress reports.

 

 

Recommendation:

That Council:

1.   Endorse the draft revised Environmental Levy Policy (Attachment 2) and place it on public exhibition for a period of at least 28 days seeking feedback.

2.   Note that a further report will be brought back to Council for consideration following the public exhibition of the draft revised Environmental Levy Policy.

3.   Approve an increase of Council’s Water Fund from $50,000 to $100,000 to assist in the funding of prospective projects under the expanded theme Environmental and Waterway Health Initiatives.

 

Report

Description of Item:

A new EL Policy was approved by Council at its meeting on 10 May 2018. The purpose of this policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program.

 

Funds from the EL Reserve are split 25% to 75% respectively into two pools:

 

·    Environmental Levy Grants Program – for community-based projects to provide between $2,000 and $25,000 per project, with applications to be called up to twice yearly and assessed by the Environmental Levy Grants Program panel.

·    EL Major Strategic Projects and Programs – programs and projects identified through Council’s planning processes and included in the four-year Delivery Program adopted by Council. Programs and projects may be delivered by Council or in partnership with or through community organisations, research institutions and/or other government bodies.

The budget for the allocation of funding from the Environmental Levy Reserve for the first year of operation as well as the remaining two years of Council’s current Delivery Program are as follows:

 

Funding Source and Allocation

2018/19 Budget

2019/20 Budget

2020/21 Budget

Environmental Levy

1,326,814

1,358,812

1,387,258

Water Fund Contribution

50,000

50,000

50,000

Total

1,376,814

1,408,812

1,437,258

Major Strategic Pool (75% plus water contribution)

1,045,111

1,069,109

1,090,444

Community ELGP (25%)

331,703

339,703

346,814

Total

1,376,814

1,408,812

1,437,258

 

Eight projects are currently funded by the EL Major Strategic Projects and Programs pool as follows:

 

Major Strategic Programs / Projects

2018/19 ($)

2019/20 ($)

2020/21 ($)

Conservation & Sustainable Management of Biodiversity

120,000

123,600

127,308

Environmental Levy Coordination

64,993

66,943

68,951

Improving Diversity within CHCC Bushland Reserves                

233,190

219,235

222,774

Management of Key Environmental Weeds within Council Managed Lands

116,600

109,620

111,387

Community Sustainable Living Program

100,000

103,000

106,090

North Coast Regional Botanic Garden Education Officer

20,000

20,600

21,218

Orara River Rehabilitation Project

200,000

202,700

205,449

Supporting Community Landcare Action in the Coffs Harbour LGA

190,328

223,411

227,267

1,045,111

1,069,109

1,090,444

 

During its first year of implementation the Environmental Levy Grants Program (ELGP) held two rounds for applications with 21 projects recommended. In 2018/2019 the ELGP provided total funding of $368,889 with $331,703 sourced from the ELGP pool and a further $37,186 provided from funding of $117,126 which had been returned to the EL Reserve from the 2017/2018 Environmental Levy Program at the 11 October Council meeting (Item BS18/55).

 

Successful applicants will submit a Grant Acquittal – Outcome Report on completion of their project.

 

Remaining funding from the 2017/2018 EL Program of $79,940 will be held in the EL Major Strategic Projects and Programs pool to be available for future funding opportunities.

Issues:

Environmental Levy Policy - action plan items

 

When the EL Policy was implemented, it was noted that there were five action plan items remaining from the December 2017 Review, which would be addressed subsequent to the presentation of the 10 May 2018 Council report. These items have been addressed below as follows:

 

Action Plan Item

Council’s Resolved Position

Status Comment

1.2

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

Adopted in principle

The current weighting of assessment criteria as outlined in the ELGP Guidelines has provided sufficient basis for scoring by the ELGP panel to provide recommendations for funding. No negative feedback has been received from stakeholders and the current weighting is considered adequate.

1.3

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

Adopted

Included as part of the induction for ELGP panel members. Council’s relevant plans and strategies are provided within the ELGP Guidelines and panel members are reminded to review the Policy and Guidelines prior to their assessment of applications.

1.4

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

Adopted

Details of EL Major Strategic Projects/Programs and the ELGP are provided on the Council website as well as the local newspaper to inform and engage the community.

2.6

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

Adopted in principle

The current weighting of assessment criteria as outlined in the ELGP Guidelines has provided sufficient basis for scoring by the ELGP panel to provide recommendations for funding. No negative feedback has been received from stakeholders and the current weighting is considered adequate.

3.3

Require Voluntary Conservation Agreements to protect community investment on private land

Adopted in principle

“Private land conservation agreements” are the jurisdiction of the State Government. If an agreement has been entered into between the landowner and the Minister administering the New South Wales National Parks and Wildlife Act (1974), Council can provide exemptions to rates based on the percentage of the property that is associated with the agreement.

 

Environmental Levy Grants Program – reporting and eligibility criteria

 

The first year of implementation saw quarterly progress reporting removed and replaced with an annual progress report for EL Major Strategic Projects and an outcome report for Environmental Levy Grant Program projects at completion of the project.

 

Applications for ELGP funding for the coming financial year are reviewed by the ELGP panel in April/May, which is prior to the completion of the current year of funding. As Council regularly receives applications from organisations that have projects in the current program the ELGP panel has expressed their concerns on making recommendations for future funding without information on the progress of current projects. It is recommended that ELGP projects submit a half-yearly progress report to address the outcomes achieved by the project in the first six months and the aims and objectives for the remaining term of the project. This will allow the panel to be advised if the applicants being considered for future funding are meeting their current milestones for projects.

 

To implement a half-yearly reporting requirement, updates will be required within the EL Policy and the ELGP Guidelines as follows:

 

·    Environmental Levy Policy, Section 2.5 paragraph 2 to be updated to the following:

 

“ELGP funded projects will be reported on through a half yearly progress report and an acquittal report outlined in the ELGP Guidelines.”, and

 

·    Environmental Levy Grants Program Guidelines, Section 12.4 Financial Provisions – a bullet point is to be added above the final bullet point to state –

 

“Council requires that a half yearly progress report is completed and returned by 31 January.”

 

Environmental Levy Major Strategic Projects/Programs

 

At its meeting on 11 April 2019 (Resolution No. 2019/58), Council made the following resolution:

 

The CHCC Environmental Levy’s Major Strategic Project themes be expanded to include Environmental Health and Water Quality testing.

 

It is proposed that the “Waterway Health Initiatives” theme in the Environmental Levy Policy be expanded to include environmental health and water quality testing as follows:

 

Environmental and Waterway Health Initiatives – programs and projects to monitor water quality and the health of our local environment including management of riparian areas, sampling programs, water quality testing, prevention and control of run off and erosion prevention works, as well as research initiatives to monitor environmental health and to assist in the development of innovative options to minimise or prevent detrimental impacts on our local environment.

 

Budgeted funding from the EL Major Strategic Projects pool has previously been allocated to current projects. Therefore, the addition of new projects for the two years remaining in the current Delivery Program could be funded by a combination of the utilisation of the previously mentioned remaining funds from 2017/2018 EL Program returned to the EL Reserve and a possible increase in the allocation of funding from Council’s Water Fund. An interest to increase Council’s Water Fund was addressed in the following resolutions:

 

Resolution No. 2018/116, Ordinary Meeting 24 May 2018

Council staff investigate the feasibility and desirability of significantly increasing the contribution made by CHCC’s Water Fund to waterway health initiatives.

 

Resolution No. 2018/146, Ordinary Meeting 28 June 2018

1.   Approves the following funding allocations for the Environmental Levy Major Strategic Programs / Projects, for the remaining three years of Council’s current Delivery Program:

Major Strategic Programs / Projects

2018/19

2019/20

2020/21

EL Coordination

64,993

66,943

68,951

Improving Diversity with CHCC Bushland Reserves

200,000

206,000

212,180

Management of Key Environmental Weeds Within Council Managed Lands

100,000

103,000

106,090

Conservation & Sustainable Management of Biodiversity

120,000

123,600

127,308

Orara River Rehabilitation Project

200,000

202,700

205,449

Supporting Community Landcare Action in the Coffs Harbour LGA

190,328

223,411

227,267

Community Sustainable Living Program

100,000

103,000

106,090

North Coast Regional Botanic Garden Education Officer

20,000

20,600

21,218

Total

$995,321

$1,049,254

$1,074,553

 

2.   Disburse the unallocated funds on a pro rata basis to the Bushland Regeneration and Environmental Weeds major projects.

 

3.   Review the needs of the EL Administration role within the next twelve months.

 

4.   Review the possibility of additional Waterway Health projects in the LGA, with primary focus on Coffs Creek rehabilitation, which may be suitable to support seeking an increased Water Fund allocation.

 

In reference to point 4 above, it is recommended that Council’s Water Fund be increased from $50,000 to $100,000 with the increase to be used to fund new projects under the expanded theme Environmental and Waterway Health Initiatives.

 

Environmental Levy Administration Role

 

In reference to point 3 of Resolution Number 2018/146 (see above), with the implementation of the new Environmental Levy Policy, while some activities have reduced and become more streamlined for applicants, activities have increased for the Environmental Levy Administration role. The duties of the role include:

 

·     The coordination of Environmental Levy funds to all EL Major Strategic Projects and to Environmental Levy Grants Program (ELGP) projects.

·     The administration of ELGP panel meetings and applications, including the preparation of media releases and advertisements in relation to current rounds of funding, the review of all applications against the ELGP Guidelines eligibility criteria and the collation of all applications and supporting documentation to be forwarded to panel members for review prior to meetings.

·     The potential for a second round of ELGP funding will duplicate the above responsibilities.

·     A monthly review of expenditure on all EL projects, including coordination with EL Major Strategic project managers where required.

·     The preparation of reports for Council meetings in relation to the Environmental Levy Policy and funding.

·     With the implementation of the new EL Policy, the EL Administration role is now Council’s responsible officer for all community-based ELGP projects, which involved 21 projects in 2018/2019. This role is now responsible for addressing any queries from Council or applicants in relation to ELGP projects, following up on the progress of projects, reporting responsibilities, and invoicing. Previously the role of responsible officer for each EL project was decentralised with EL projects assigned to Council officers based on the nature of the project.

 

The EL Administrator continues to play an important role in the efficient implementation, monitoring and reporting of funding from the Environmental Levy Reserve.

 

The EL Policy review and resolutions addressed are now presented to Council for approval.

Options:

The following options are available to Council:

 

1.    Approve the placement of the revised draft policy on public exhibition for a period of 28 days, with the invitation for public submissions.

This will enable Council to seek external public feedback, which will assist Council with its final decision and determination regarding adoption of the updated revised policy.

2.    Amend the recommended updates to the Environmental Levy Policy.  Depending on the nature of the changes, there may be some impact on the timing of the implementation of updates to the 2019/2020 Environmental Levy Program.

3.    Reject the recommended updates to the Environmental Levy Policy.  This will postpone any further action on the implementation of updates to the 2019/2020 Environmental Levy Program.

Option 1 is recommended

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

Council’s Environmental Levy Program seeks to promote sound environmental practices and promotes leadership and involvement in key environmental issues, which aligns with MyCoffs Community Strategic Plan theme – a natural environment sustained for the future.

•     Economic – Broader Economic Implications

The Environmental Levy Program funds environmental projects that would not otherwise be undertaken within Council’s operational funding.

•     Economic - Delivery Program/Operational Plan Implications

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

 

It is budgeted that $1,408,812 will be available for the Environmental Levy Program in 2019/2020. This includes income from the 2019/2020 EL Special Rate and a contribution from the Water Fund of $50,000 towards the Orara River rehabilitation works.

Risk Analysis:

Strengthening the program’s links to Council’s Integrated Planning and Reporting Framework will ensure the EL Major Strategic Projects and Programs and the Environmental Levy Grants Program more closely align to broader community expectations.  This approach also provides increased transparency to the programs.

Consultation:

Issues raised within this report are based on the first year of operation for the implementation of the policy and include resolutions by Council as well as recommendations made by members of the Environmental Levy Grants Program panel.

 

Public submissions will be invited in order to provide feedback on the draft Environmental Levy Policy.

Related Policy, Precedents and / or Statutory Requirements:

This is detailed within the policy as required.

Implementation Date / Priority:

Upon direction from this report, if either options 1 or 2 are selected, a subsequent report will be provided to Council.  At that time public submissions will be presented with either an amended policy or recommendation to endorse the current policy.  The final effective date for this initiative would be estimated to be in 2 to 3 months.

Conclusion:

Seeking public submissions will assist Council in reaching its final decision regarding the determination of the revised Environmental Levy Policy.  External feedback will provide an opportunity to seek valuable input from the greater community.

 


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NOM19/06   Investigation of Possible Sites for Athletics Facility

Attachments:          Nil

 

Motion:

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

"That Council:

1.       Supports in principle the establishment in the near future of a permanent year round Regional Athletics Centre, consisting of an international standard 400m multi-lane (minimum 8) all weather synthetic-surfaced track and field facility, to be situated in the Coffs Harbour Local Government Area to service Coffs Harbour and the surrounding area and for the overall benefit of the North Coast Region.

2.       Recognises the establishment of a Regional Athletics Centre would presently be dependent on funding being provided by the State and/or Federal Governments, with the contribution of Council being the provision of land.

3.       Undertakes to identify and report on suitability of potential sites for the establishment of a permanent Regional Athletics Centre. 

4.       That the potential sites for investigation include the following:

a)   North of the Hockey Fields

b)   At the grounds managed by the Coffs Harbour Rugby League Club Inc.

c)   At York St oval."

 

Rationale:

“The athletics community is increasingly seeking access to competition grade all weather athletics track facilities. Currently the closest such facilities are Newcastle and Gold Coast. 

Current planning suggests York St as the preferred venue, though it is acknowledged that this is many years away and depended on future location of a current football club homed there.

While there is no expectation of Council funding such a facility, if the community was successful in receiving State or Federal funding, a suitable site would need to be agreed prior to seeking any such funding.

Given the time line for York St, as well as the increased urban development in that area, this motion seeks investigation of alternate sites, in particular north of the hockey fields. The advantages of co-location of athletics in the sporting precinct seem compelling.”

Staff Comment:

The Coffs Harbour Sports Facility Plan 2016 (adopted 14 April 2016) sets out the current and future planning for sports facility provision within the area.

In regards to athletics, it identifies York St Oval to be the proposed future venue for a permanent grass athletics track after Northern Storm Football move to Moonee Sports Complex. The sports facility plan also sets out that an investigation into the feasibility of a national standard athletic track at York St Oval be undertaken in the lead up to the future transition of Coffs Coast Little Athletics to York St Oval, including a review of the submitted business plan for a Regional Athletics Centre.

If Council is to advance the Notice of Motion, it should be acknowledged that further comprehensive studies would need to be undertaken using a similar methodology to those within the Coffs Harbour Sports Facility Plan 2016 and other strategic sports studies.  The indicative costs for a site assessment investigation would be $40,000. This cost includes indicative site layouts, preliminary flooding and traffic assessments and indicative construction costs for all three site options. The site assessment investigation would ideally commence at the end of 2019 so that it may align with other current strategic work underway as part of the Coffs Coast Regional Sports Hub project.

 

  


SC19/26       Development Application No. 0709/17DA - Dwelling-House - Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach

Author:                        Section Leader Development Assessment

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/26   Development Application No. 0709/17 - S4.15 Evaluation Report 

ATT2  SC19/26   Development Application No. 0709/17 - Plans 

ATT3  SC19/26   Development Application No. 0709/17 - Draft Conditions 

ATT4  SC19/26   CONFIDENTIAL Development Application No. 0709/17 - 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

Applicant:

Resource Design Management Pty Ltd

Land:

Lot 62 DP 1143405, Solitary Islands Way, Emerald Beach

Zone:

Residential 2A Low Density, Environmental Protection 7A Habitat and Catchment and Environmental Protection 7B Scenic Buffer

Description:

Dwelling House 

Description of Item:

·     Background

This matter was last considered by Council at its meeting of 13 June 2019.  At this meeting, Council resolved:

That the matter be deferred pending a comprehensive briefing to Councillors.

A comprehensive briefing was held with Councillors on 15 July 2019.

·     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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SC19/27       Development Application No. 0285/19 - Telecommunications Facility - Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/27   Development Application No. 0285/19 - S4.15 Evaluation Report

ATT2  SC19/27   Development Application No. 0285/19 - Plans

ATT3  SC19/27   Development Application No. 0285/19 - Draft Conditions  

      

 

 

Executive Summary

This report provides an assessment of Development Application No. 0285/19 for a Telecommunications Facility at Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach.

At its meeting of 12 October 2017, 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:

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

The development application is reported to Council for determination because it proposes to vary a development standard in the Local Environmental Plan by more than 10%.

 

Recommendation:

That Council:

1.       Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the Height of Buildings control under Clause 4.3 of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.       Approve Development Application No. 0285/19 for a Telecommunications Facility at Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach subject to the conditions provided in Attachment 3.

 

REPORT:

Applicant:

Metasite Pty Ltd on behalf of Optus Mobile Pty Ltd

Land:

Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach

Zone:

R2 – Low Density Residential

Description:

Telecommunications Facility

Description of Item:

•     The Site

The site is identified as Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach. The site is a large residential lot with an area of 6 hectares, situated between the Pacific Highway and Solitary Islands Way road reserves. Cunningham’s Creek dissect it into two parts.  Two residential dwellings are located to the south-west of the proposed facility. These dwellings have frontage and access from Solitary Islands Way. The northern portion adjoins the Pacific Highway and consists of cleared grassland. It is here that the telecommunication tower is proposed, located approximately 50m from the Pacific Highway. It will have a 110m and 160m separation from the existing dwellings on the site, which are on the south-west side of the creek. Large lot residential properties exist to the north and west of the site (see Figure 1).

Figure 1 – Locality plan

The site is zoned R2 – Low Density Residential pursuant to Coffs Harbour Local Environmental Plan 2013. The zoning will allow future residential development and the site forms part of the West Moonee urban release area.

•     The Development

The proposed telecommunications facility includes a 30m high monopole, with three aerials on top (total height 32.4m), equipment shelters in a compound and associated access and underground services. The compound will be fenced and occupy a 49m2 area of land on the northern portion of the site, east of the creek and adjoining the Pacific Highway. A 10m Asset Protection Zone is required in all directions of the compound to protect it from bushfire. Access to the facility will be required to be provided by a 2-wheel drive track, following the existing fence to the north of the creek. This will join an existing driveway to Solitary Islands Way in the proximity of the Old Bucca Rd intersection. Underground cabling and electricity will also follow this track.

The purpose of the telecommunications facility is to improve the quality of telecommunications services in the locality of Moonee Beach. 

Issues:

The main assessment issues for the proposed development are:

-    the exceedance of the Height of Buildings control in the LEP

-    the compatibility of the facility with the future West Moonee urban release area, recently revised in the DCP 2015. The DCP shows future urban development and a sewer pumping station on the site, near the proposed telecommunications facility.

A written request pursuant to clause 4.6 has been received from the applicant for consideration of a variation to the height of buildings development standard.

These issues are detailed in the Section 4.15 Evaluation Report as Attachment 1 to this report.

Options:

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

2.   Refuse the application and list reasons for refusal.

Sustainability Assessment:

•     Environment

A complete assessment of potential environmental impacts is provided in the Section 4.15 Evaluation Report as Attachment 1 to this report.

•     Social

A complete assessment of potential social impacts is provided in the Section 4.15 Evaluation Report as Attachment 1 to this report.

•     Civic Leadership

The proposed development 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:

The development was advertised and notified in accordance with the requirements of the Coffs Harbour Development Control Plan 2015 for a period of 14 days. No submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

-     Telecommunications Act, 1997

-     State Environmental Planning Policy (Infrastructure) 2007

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

-     State Environmental Planning Policy (Coastal Management) 2018

-     State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

Implementation Date / Priority:

In the event that Council adopts the recommendation, a formal notice of determination will be issued for the development application. 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 meeting any relevant conditions of the consent.

Conclusion:

A comprehensive assessment of the application has been undertaken in accordance with all statutory requirements and it is recommended that the application be approved subject to a number of standard conditions (Attachment 3).

 


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SC19/28       Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 13 (Housekeeping 4)

Author:                        Planner/Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/28   DCP 2015 Amendment No. 13 (Housekeeping 4) - Exhibition  

 

Executive Summary

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 21 October 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). To ensure that it remains up to date and facilitates positive growth outcomes for the Coffs Harbour Local Government Area (LGA), Council routinely undertakes housekeeping reviews of DCP 2015.

The purpose of this report is to seek endorsement from Council to undertake a fourth housekeeping review of DCP 2015 to address a resolution from Council’s Ordinary Meeting of 9 May 2019. At that meeting, Council resolved to release a ‘restriction on use’ that applies to Lots 32-35, DP1237515, Cobia Close, Korora and to amend front, side and rear setback requirements for this land, to address perceived amenity issues from adjoining landowners that could result from future development on the land.

 

Recommendation:

That Council:

1.       Endorse and publicly exhibit draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) (Attachment 1) for a minimum of period of 28 days and notify adjoining and affected property owners.

2.       Consider a further report, outlining the outcomes of public exhibition of draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4).

 

Report

Description of Item:

Council, at its Ordinary Meeting of 9 May 2019, resolved to release a ‘restriction on use’ and to amend setback controls applying to Lots 32-35, DP1237515, known as 2-8 Cobia Close, Korora, to address perceived amenity issues from adjoining landowners that could result from future development on the land.

At that meeting, it was resolved:

That Council:

1.   Agree to release the “restriction on use” that affects Lots 32-35 DP 1237515 known as 2-8 Cobia Close, Korora and as a matter of planning policy, implement a 5m rear setback for Lots 33-35 DP 1237515 known as 2-6 Cobia Close, Korora, and implement 3m front setbacks and a 5m side (east) and 5m rear (south) setback for Lot 32 DP 1237515 known as 8 Cobia Close, Korora and thereby amend Coffs Harbour DCP 2015 accordingly.

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

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

The purpose of this report is to seek endorsement from Council to undertake a fourth housekeeping review of DCP 2015 to address Item Number One of this resolution. The proposed amendments to the written controls within the DCP 2015 are provided in Attachment 1 to this report. Associated changes to the spatial Front Setbacks Map and Side and Rear Setbacks Map within DCP 2015 will be exhibited electronically.

DCP2015_HK4AmendmentArea_B5

Issues:

DCP 2015 is a guideline that gives effect to the aims and objectives of LEP 2013. Council, as the consent authority is required to take into consideration the relevant provisions of DCP 2015 in determining applications for development in the Coffs Harbour LGA. Development proposals are required to meet the objectives and requirements of DCP 2015, unless an alternative solution is proposed that will provide a better response to meeting the objectives of the Plan.

The resolution above proposes a variation to standard setback controls that generally apply across the Coffs Harbour LGA. The electronic format of the DCP is not designed to account for site specific setback requirements, as this would usually be addressed as part of the development application process. To resolve this issue, an exception is proposed to the standard setback controls (Attachment 1).

Options:

Council has a number of options available in relation to this matter. They include:

1.   Resolve to adopt the recommendations of this report.

2.   Resolve to undertake an alternative approach.

3.   Resolve not to adopt the recommendations of this report.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The proposed amendments to DCP 2015 are unlikely to result in any environmental impacts.

•     Social

The proposed amendments to DCP 2015 are unlikely to result in any social impacts. The proposed amendments will address perceived amenity impacts from future development on Lots 32-35, DP1237515, Cobia Close, Korora.

•     Civic Leadership

A number of outcomes described in Council’s MyCoffs Community Strategic Plan are relevant to this report such as: undertaking development that is environmentally, socially and economically responsible; fostering informed and inspired leadership in our community; and undertaking effective engagement.

•     Place Score

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool. This ‘place experience’ measurement tool enabled residents and visitors within the Coffs Harbour Local Government Area to share what they most value in their neighbourhood and then to rate how their neighbourhood is performing against such values. The 2019 Place Score report was presented to Council on 11 April 2019.

The Coffs Harbour LGA received a Place Score of 65, which is below the NSW average of 72. Top community requests for liveability improvement priorities within the LGA included the quality of public space (footpaths, verges, parks etc.); access and safety of walking, cycling and/or public transport (signage, paths, lighting etc.); and provision of walking/jogging/bike paths that connect housing to communal amenity (shops, parks etc.).

The proposed changes to DCP 2015 support the community’s priorities as identified in Place Score, relating to ‘Look and Function’ which was the top place dimension for Coffs Harbour LGA and relates to the social characteristics of a neighbourhood (i.e. how it looks and works).

•     Economic – Broader Economic Implications

The proposed amendments to DCP 2015 are unlikely to result in any broader economic Implications.

•     Economic - Delivery Program/Operational Plan Implications

Draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) has been prepared as a business as usual project. In this regard, the housekeeping review has not impacted on Council’s Delivery Program or Operation Plan.

Risk Analysis:

The housekeeping review process reduces risk to Council, stakeholders and the community. The DCP amendment process will be undertaken in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and associated Regulations.

Consultation:

This report recommends that Council publicly exhibit the proposed DCP amendments for a minimum period of 28 days to obtain feedback and input from the community and stakeholders. Given the specificity of this DCP amendment, adjoining and affected property owners will be notified on this occasion. The outcomes of this consultation will be reported back to Council in a subsequent report.

Related Policy, Precedents and / or Statutory Requirements:

The DCP housekeeping amendment will be undertaken in accordance with the Environmental Planning and Assessment Act 1979 and associated Regulations. A number of other relevant policies and statutory documents will also be considered in the preparation of the amendment.

Implementation Date / Priority:

A further report will be brought back to Council post exhibition, to present the outcomes of the public exhibition process. If adopted by Council at that later meeting, the proposed amendments to DCP 2015 will commence on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Conclusion:

The purpose of this report is to seek endorsement from Council to undertake a fourth housekeeping review of DCP 2015 which addresses Council’s resolution of its Ordinary Meeting of 9 May 2019. This resolution requires amendments to setback controls applying to Lots 32-35, DP1237515, 2-8 Cobia Close, Korora, to address perceived amenity issues from adjoining landowners that could result from future development on the land. A further report will be considered by Council on this matter post exhibition and notification to adjoining and affected property owners.

 


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SC19/29       Contract No. RFT-955-to Design and Construct Solar PV Systems

Author:                        Section Leader Community Planning & Performance (Acting)

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC19/29   CONFIDENTIAL Tender Assessment Contract No. RFT-955-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

Council adopted the Renewable Energy and Emissions Reduction Plan (REERP) on 14 April 2016. The REERP details Council’s commitment to corporate targets of 100% renewable energy by 2030 and 50% reduction in emissions by 2025. A target of 25% renewable energy and emissions reduction by 2020 was also adopted on 14 April 2016.

The intent of the Solar PV Systems Project is to generate renewable energy to be used by Council’s assets, to significantly reduce emissions and to realise the savings in energy costs from this investment.  This project is particularly important as it demonstrates Council’s ongoing commitment in accordance with Council’s Sustainability and Climate Change Policies.

To achieve this objective, Council went to tender for the Design and Construction of Solar Photovoltaic (PV) System installations on 16 Council owned assets throughout the Coffs Harbour Local Government Area (LGA). Council received ten responses and all tenderer prices received significantly exceed the project’s anticipated budget.

Council resolved on 9 May 2019, to decline all tenders received for Contract No. RFT-955-TO Design, Construct and Install Solar Photovoltaic (PV) Systems on Council Sites, and to enter into negotiations with any person (whether or not the person was a tenderer) with the view to entering into a contract in relation to the subject matter of the tender.

 

Recommendation:

That Council adopt the recommendation for the Design and Construct Solar PV Systems RFT-955-TO, as detailed in the confidential attachment to this report.

 

Report

Description of Item:

Council adopted the Renewable Energy and Emissions Reduction Plan (REERP) on 14 April 2016. The REERP identifies a renewable energy target of 25% to be achieved by 2020.  This target offers the possibility for Council to significantly reduce emissions and energy costs.

In order to realise these savings and achieve this target, as set out in the REERP, Council will need to commit to resourcing long-term investment in energy efficiency works and renewable energy installation.

Accordingly, Council sought proposals from suitably qualified design and construct contractors for Solar Photovoltaic (PV) System installations on sixteen (16) Council owned assets throughout the Coffs Harbour LGA.

The commissioned installations will include a combination of rooftop and/or ground mounted systems, with the tenderers required to specify not only deliverables for the projects such as design components, but to also agree to a warranty period for the system, in addition to detailed performance modelling.

The sites selected are:

1.     Woolgoolga Works Depot

2.     Coffs Harbour Works Depot

3.     Office (Block A), Coffs Harbour Community Village

4.     Cavanbah Centre

5.     Sawtell Beach Holiday Park

6.     Woolgoolga Beach Holiday Park

7.     Park Beach Holiday Park

8.     Toormina Library

9.     Woolgoolga Library

10.   Coffs Harbour War Memorial Olympic Pool

11.   Karangi Dam

12.   Karangi Water Treatment Plant

13.   Woolgoolga Water Reclamation Plant

14.   Coffs Harbour Water Reclamation Plant (East)

15.   Coffs Harbour Water Reclamation Plant (West)

16.   Coffs Harbour Airport

The tender specifications required that provision be made in the tenderer’s design for the Solar PV Systems to be expanded as necessary.

Conforming to the requirements of Section 55 of the Local Government Act (1993), Design and Construct tenders were issued to the market with tenders closed on Wednesday, 30 January 2019.

Tender submissions were received from ten organisations, and tenders were evaluated on the following criteria:

-     Schedule of Rates

-     Demonstrated Capability and Capacity

-     Proposed Methodology and Timing

-     Quality of Components and Warranties

Issues:

Council resolved on 9 May 2019, to decline all tenders received for Contract No. RFT-955-TO Design, Construct and Install Solar Photovoltaic (PV) Systems on Council Sites, on the basis that:

a)   The quotations are outside Council’s anticipated budget for the project;

b)   Negotiations would provide a better result and minimise the risk for Council; and

c)   The calling of new tenders is not likely to provide an optimal outcome.

It was also resolved that Council would enter into negotiations with any person (whether or not the person was a tenderer) with the view to entering into a contract in relation to the subject matter of the tender; and Council would receive a further report on available options and to provide the necessary budget allocation.

Options:

Council adopted the Renewable Energy and Emissions Reduction Plan (REERP), with a target for 2020 of 25% renewable energy and emissions reduction.

Given the necessity to complete this Design and Construct Solar PV project within the timeframe required to meet Council’s commitment to corporate targets of 100% renewable energy by 2030 and 50% reduction in emissions by 2025, the options available to Council are:

1.   Adopt the recommendation.  This would maximise the potential that the project will progress to meet Council’s desired timeline and at the lowest possible cost.

2.   Reject the recommendation.  This would require a second round of tenders to be called which would delay the project and may, or may not, achieve the desired outcome

Sustainability Assessment:

•     Environment

The Design and Construct Solar PV project is important as it demonstrates Council’s ongoing commitment in accordance with Council’s Sustainability and Climate Change Policies.  The project will increase Council’s utilisation of renewable energy and lead to a reduction in greenhouse gas emissions.

•     Social

It is anticipated that climate change may have an impact on the community and any actions that Council undertakes will assist to minimise these impacts.

•     Civic Leadership

Council, under its adopted Climate Change and Sustainability Policies, has identified its desire to show strong leadership to the community in actions to combat climate change.  The investment in solar energy demonstrates strong leadership and a commitment to set targets which act to drive significant action and change in the community.

•     Economic – Broader Economic Implications

As Council increases investment in renewables and energy efficiency there may be opportunities created for local business.  The low carbon and renewable energy industries globally are large and growing and they represent an opportunity for Coffs Harbour’s economic development as Council, alongside other organisations in the area, adopt renewable energy sources.  Two of the tenderers were based in the Coffs Harbour region.

•     Economic - Delivery Program/Operational Plan Implications

The budget for the Design and Construction of the Solar PV Systems was not included in Council’s Budget for 2019/2020, due to the need to not signal a project budget to the market.

Council will require a budget variation for this project, with the contract to be funded as follows:

General Fund (Renewable Energy Fund)                             $   322,816

Holiday Parks (Woolgoolga / Sawtell / Park Beach)            $   164,504

Airport                                                                                    $   283,025

Water Fund (unexpended loans)                                          $1,306,385

Sewer Fund (unexpended loans)                                          $2,305,571

Total:                                                                                      $4,382,301

Risk Analysis:

Adoption of the REERP committed Council to future financial investment in order to meet the targets and there is reputational risk if the targets are not achieved. The risk of reputational damage can be minimised by annual reporting on progress towards achieving the targets to ensure the organisation is on track.

Consultation:

The preparation of the REERP involved consultation with a wide cross section of Council personnel, energy consultants and government agencies. Consultation has involved the collection of information and data used to develop an understanding of Council’s energy usage and carbon footprint, the review of emissions targets both locally, nationally and internationally and the identification of best practice approaches in the area of emissions monitoring and reporting.

Council has appointed a Project Management Consultant who will supervise this contract to ensure appropriate coordination of the deliverables between stakeholders and the contractor, within the budgetary and time constraints.

Related Policy, Precedents and / or Statutory Requirements:

At the meeting of 14 April 2016, Council adopted the Renewable Energy and Emissions Reduction Plan (REERP), along with its associated targets detailed below:

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

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

Related Council policies:

·    Sustainability Policy, and

·    Climate Change Policy

The calling, receiving and reviewing of tenders was carried out in accordance with Section 55 of the Local Government Act 1993, and Part 7 Tendering of the Local Government (General) Regulations 2005.

Tendering procedures were carried out in accordance with the tendering guidelines. 

Implementation Date / Priority:

The desired project completion timeframe is March 2020, dependent upon finalisation of the tender process including negotiation with the successful tenderer.

Conclusion:

By committing to the Solar PV Systems Project, Council is demonstrating resourcing of long-term investment in energy efficiency works and renewable energy installation which will deliver ongoing financial savings for Council.

 


SC19/30       2019/2020 Community Capital Infrastructure Grants Program

Author:                        Section Leader Community Planning & Performance (Acting)

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  SC19/30   Project Summary  

 

Executive Summary

Council’s 2019/20 Operational Plan allocates an amount of $327,800 for the Community Capital Infrastructure Grant Program to fund community infrastructure projects.  Council sought applications from not-for-profit organisations seeking to construct new public facilities or to refurbish existing infrastructure.

In response, 26 applications requesting $512,078 for the grant were received for proposed projects to the total value of $1,377,132.  Council considered all applications for capital funding in accordance with the assessment criteria with 17 proposals being recommended for funding, totalling $325,300 inclusive of a provision for project management. 

 

Recommendation:

That Council:

1.       Approve the allocation of Community Capital Infrastructure Grants totalling $325,300 as follows:

Organisation

Proposed Project

Total Cost of Project

Requested Council Funding

Funding Recommended

1.   Woolgoolga Art Gallery

Lining of internal walls, access ramps, installation of windows and doors

43,190

21,595

21,595

2.   Rotary Club of Coffs Harbour

Accessible playground equipment for Brelsford Park

46,409

20,000

20,000

3.   Sawtell Surf Lifesaving Club Inc.

Construction of a new balcony on the eastern wall of the building to replace the demolished structure (*$1,800 residual from 18/19 grants to be provided)

60,699

30,349

28,549*

4.   Gamumbi Early Childhood Education Centre Inc.

Construction of an outdoor classroom

4,039

2,020

2,020

5.   Mid Coast Communities

Renewal works at Toormina Skate Park

129,400

64,700

64,700

6.   Sawtell Golf Club Inc.

Golf cart paths

11,909

5,069

5,069

7.   Diggers Cricket Club Inc.

Refurbishment of Bray Street nets

33,956

12,874

12,874

8.   Nana Glen Cricket Club Inc.

Replacement of wicket

13,857

4,314

4,314

9.   Coffs City United Football Club Inc.

Internal redesign and refurbishment of the change rooms at McLean Street Ovals (Forsyth Park)

190,068

32,828

32,828

10. Northern Storm Football Club Inc.

Modified shipping container as a canteen at York Street Oval

75,800

19,200

19,200

11. AFL NSW

Upgrade of Centennial Oval, Woolgoolga with replacement of lights and cricket wicket

33,916

16,958

16,958

12. Woolgoolga Community Village

User-pays reverse cycle air-conditioning system and protection cages

5,748

2,874

2,874

13. Hockey Coffs Coast Inc.

Construction of kiosk and meeting room facilities

325,500

70,000

70,000

14. NSW Basketball Association

Safety padded scoring bench

9,300

4,650

4,650

15. Bonville-Sawtell Lions Club Inc.

Installation of a water bubbler at Bonville Headland (start of coastal walk)

7,195

3,597

3,597

16. Sandy Beach Action Group

(SANDBAGS)

Two picnic tables for Sandy Beach

9,750

4,750

4,750

17. Woolgoolga Neighbourhood Centre Inc.

Upgrade of Kitchen

16,900

8,450

8,450

Project Management by Council Staff

2,872

Total:

1,017,636

324,228

325,300

 

2.       Approve the allocation of the balance of the Program for:

Organisation

Proposed Project

Total Cost of Project

Requested Council Funding

Funding Recommended

1.   Woolgoolga Sports Council

Removal of a shipping container at the High Street Playing Fields in Woolgoolga

5,000

2,500

2,500

 

Report

Description of Item:

The Community Capital Infrastructure Grants Program is a source of funds that community groups can access for capital improvement works.

The objectives of the Community Capital Infrastructure Grants Program are to ensure that:

1.   Council assists in the provision of innovative community projects that target community needs and result in direct benefits to the wider community.

2.   Council assists in increasing participation in, and accessibility and range of community organisations for the residents of the Coffs Harbour local government area.

3.   Council has a consistent, equitable and transparent process to respond to requests by community organisations for funding of capital infrastructure.

4.   Partnerships and joint ventures are encouraged to maximise outcomes from limited resources.

The program is designed to assist with the development of public infrastructure.  Projects should demonstrate a strong community benefit that is clearly identifiable and where possible quantifiable.

Applications were considered in accordance with the assessment criteria, with the recommended applications for funding determined on merit.  A panel of technical staff met initially to determine if there were any issues or concerns with the applications.  An assessment panel then met to score the applications.  The assessment panel consisted of the following Council staff:

-     Section Leader Stadium and Major Events,

-     Section Leader Logistics,

-     Section Leader Development Assessment, and

-     Section Leader Community Planning and Performance.

To be eligible for funding under the Community Capital Infrastructure Grants Program, the applicant is required to demonstrate co-funding to a minimum of 50%.  This co-funding could be in cash, grants, in-kind labour, materials supply or other, with the proviso that the applicant is required to make at least a 20% financial cash contribution.

All projects must be completed within one year of the organisation being granted the funds, in accordance with the timeframe set in the application; and Council requires formal acquittal of the grant for all funding.

Council requires as a condition of the grant that the successful applicant assume all normal commercial responsibility including public risk and/or any other appropriate insurance cover for the project.

Issues:

Distribution of the funding within the Community Capital Infrastructure Grants Program is recommended by an assessment panel and based on eligibility, that the merit of the project is in accordance with the triple-bottom line assessment (taking into account social, economic and environmental factors), and the perceived ability of the applicant organisation to manage the project.

Of the applications received for the 2019/20 Program, 17 proposals are recommended for funding, totalling $325,300 inclusive of a provision for project management. 

The following table lists those projects recommended for funding by the assessment panel:

Organisation

Proposed Project

Total Cost of Project

Requested Council Funding

Funding Recommended

1.   Woolgoolga Art Gallery

Lining of internal walls, access ramps, installation of windows and doors

43,190

21,595

21,595

2.   Rotary Club of Coffs Harbour

Accessible playground equipment for Brelsford Park

46,409

20,000

20,000

3.   Sawtell Surf Lifesaving Club Inc.

Construction of a new balcony on the eastern wall of the building to replace the demolished structure (*$1,800 residual from 18/19 grants to be provided)

60,699

30,349

28,549*

4.   Gamumbi Early Childhood Education Centre Inc.

Construction of an outdoor classroom

4,039

2,020

2,020

5.   Mid Coast Communities

Renewal works at Toormina Skate Park

129,400

64,700

64,700

6.   Sawtell Golf Club Inc.

Golf cart paths

11,909

5,069

5,069

7.   Diggers Cricket Club Inc.

Refurbishment of Bray Street nets

33,956

12,874

12,874

8.   Nana Glen Cricket Club Inc.

Replacement of wicket

13,857

4,314

4,314

9.   Coffs City United Football Club Inc.

Internal redesign and refurbishment of the change rooms at McLean Street Ovals (Forsyth Park)

190,068

32,828

32,828

10. Northern Storm Football Club Inc.

Modified shipping container as a canteen at York Street Oval

75,800

19,200

19,200

11. AFL NSW

Upgrade of Centennial Oval, Woolgoolga with replacement of lights and cricket wicket

33,916

16,958

16,958

12. Woolgoolga Community Village

User-pays reverse cycle air-conditioning system and protection cages

5,748

2,874

2,874

13. Hockey Coffs Coast Inc.

Construction of kiosk and meeting room facilities

325,500

70,000

70,000

14. NSW Basketball Association

Safety padded scoring bench

9,300

4,650

4,650

15. Bonville-Sawtell Lions Club Inc.

Installation of a water bubbler at Bonville Headland (start of coastal walk)

7,195

3,597

3,597

16. Sandy Beach Action Group

(SANDBAGS)

Two picnic tables for Sandy Beach

9,750

4,750

4,750

17. Woolgoolga Neighbourhood Centre Inc.

Upgrade of Kitchen

16,900

8,450

8,450

Project Management by Council Staff

2,872

Total:

1,017,636

324,228

325,300

 

The balance of the funding is recommended to be allocated towards:

 

Organisation

Proposed Project

Total Cost of Project

Requested Council Funding

Funding Recommended

1.   Woolgoolga Sports Council

Removal of a shipping container at the High Street Playing Fields in Woolgoolga

5,000

2,500

2,500

 

The existing shipping container at the Clive Joass Memorial Sports Park in High Street, Woolgoolga, is an environmental concern and its removal is a high priority for Council. The Coffs Harbour District Cricket Association applied for funding to remove the shipping container and to build a shed however there was uncertainty regarding the Association being able to meet the eligibility criteria and match the funding. Instead, it is recommended to provide funding to the Woolgoolga Sports Council who have agreed to match the funding for the removal of the existing shipping container and the purchase of a replacement shipping container at the Clive Joass Memorial Sports Park.

A summary of the projects recommended for funding is contained in Attachment 1.

Proposed unsuccessful applications:

The following table lists those projects not recommended for funding by the assessment panel.

 

Organisation

Proposed Project

Total Cost of Project

Requested Council Funding

Comment

1.   Park Beach Bowling Club Inc.

Tree removal, concrete paths, Colourbond patio

64,156

32,078

Insufficient funds available

2.   Rotary Club of Coffs Harbour

Accessible and inclusive fitness station at the southern end of Jetty Foreshore

24,100

12,050

Insufficient funds available

3.   Woolgoolga Tennis Club Inc.

Replacement of existing lighting with LED

26,113

13,057

Priority project for 2020/21 however Council to work with the Club to refine cost estimate

4.   Lower Bucca Community Preschool

Refurbishment of existing amenities building and covered outdoor learning area.

88,784

44,392

Council’s Logistics Section to work with the Preschool for redevelopment of the site in 2020/21

5.   Sawtell Cricket Club Inc.

Cricket practice nets at Richardson Park

43,113

9,000

Council to work with the Club to refine cost estimate

6.   Westside Tennis Club Inc.

Lighting for Courts 4,5 and 6

45,870

22,935

Insufficient funds available

7.   The Mountain Preschool Lowanna

Replacement of southern boundary fence with neighbouring property

11,350

5,675

Insufficient funds available

8.   Nana Glen Recreation, Sports and Equestrian Centre Inc.

Replacement of boundary fence with flood proof fencing along Morrows Road

41,316

41,316

Did not meet funding guidelines of 50% co-funding

9.   Coffs Harbour District Cricket Association

Replacement of old shipping container at Woolgoolga

14,694

7,347

Insufficient funds

 

Woolgoolga Tennis Club Inc. have applied for funding to replace the existing lighting with LED. There is a need to assess the current light poles to see if they are fit for purpose. Council will work with the Woolgoolga Tennis Club Inc. to refine their project budget to include all of the work that needs to be undertaken as part of this project so they can apply in 2020/21.

Council is currently evaluating the Lower Bucca Community Preschool site to determine the best use of all the buildings on this site into the future.  Funding to renovate any of the buildings onsite can therefore not be approved until this evaluation is completed. Council’s Logistics Section will work with the Preschool for redevelopment of the site in 2020/21.

Sawtell Cricket Club Inc. have applied to upgrade the Cricket practice nets at Richardson Park. The quotations provided for concreting at the site do not appear to reflect the actual cost, and there is concern that the Club will have insufficient funds available to complete this project. Council staff will work with the cricket club to refine the design and cost estimates for this project to facilitate an application for funding in 2020/21.

Nana Glen Recreation, Sports and Equestrian Centre Inc. could not match the 50% co-contribution funding that is required under the funding guidelines and this project was deemed ineligible.

The other projects were unable to be funded due to insufficient funds within the funding pool.

Options:

There are several options that may be considered by Council including:

1.   Adopt the recommendation provided to Council.  This option provides for the optimal distribution of grant funding based on the submissions received and the assessment process.

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

3.   Reject the recommendation provided to Council.  Selection of this option requires that Council cannot distribute the grants to the community.  Therefore, the applicant groups who applied for grant funding would be required to fund their projects from other sources.

Sustainability Assessment:

•     Environment

The assessment panel considers the merit of each project based on the impact on the surrounding environment.  The panel also considers the location of the proposed projects in terms of community amenity and acceptance.

•     Social

Applicants are required to identify both the community benefit and community need, and how this benefit has been determined or quantified.

•     Civic Leadership

The Community Capital Infrastructure Grant Program supports the MyCoffs Community Strategic Plan objective – A Community achieving its potential (B2).

•     Economic – Broader Economic Implications

The assessment of projects under the Program is in part based on:

-     Each project’s capital costs, the total lifecycle or maintenance costs, and value for money; and

-     The economic benefits that may exist due to the project, which may be a reduction on other costs or income derived.

•     Economic - Delivery Program/Operational Plan Implications

The funds for this Program are included in the 2019/20 Operational Plan.

Risk Analysis:

The guidelines for the Program include provisions relating to insurances, safe work environment, financial reporting, governance and a structured schedule to ensure the grantees fulfil the objectives of their application.  A formal acquittal of the grant is required on completion of the project.

Consultation:

The report has been developed through a consultative process that has included input from a range of Council officers and an assessment panel.

Related Policy, Precedents and / or Statutory Requirements:

The initial Community Grants Program commenced in 2013/14 with a budget allocation of $100,000, and has been undertaken every year since with the Program budget increasing to the current provision of $327,800 in 2019/20.

Implementation Date / Priority:

Applicants will be notified at the earliest possible time and grant funding will be made available to recipients on substantial completion of the planned project, in accordance with the guidelines for this Grant Program.

Conclusion:

The Community Capital Infrastructure Grant Program is a funding initiative that assists Council to work in partnership with not-for-profit organisations to deliver projects that improve public infrastructure.

 


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SI19/11         Contract No. RFT-1095-TO - Sportz Central Roof Replacement

Author:                        Project Manager

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              Nil

 

Executive Summary

Council has called tenders for the replacement of the existing roof sheeting on the Sportz Central indoor stadium. Council has received $400,000 in grant funding through Sport Australia’s Community Sport Infrastructure program.

No tender prices were received by Council at the closure of the 21-day tender period.

 

Recommendation:

That Council:

1.       In accordance with s178(3)(e) of the Local Government (General) Regulations 2005, enter into negotiations with any person (whether or not the person was a tenderer) with the view to entering into a contract in relation to the subject matter of the tender on the basis that:

1.1     No Tenders were received.

1.2     Retendering in the open market is unlikely to provide a better outcome for Council.

2.   Receive a further report if negotiations do not result in a Contract within the allocated budget.

 

Report

Description of Item:

Sportz Central Indoor Stadium was constructed in the mid 1980’s with further additions constructed over the past 20 years. The existing roof sheeting on Sportz Central has become damaged over time and is now deteriorated to a state where leaks are widespread and thermal comfort is compromised. The roof sheeting and ventilation now requires replacing.

Council secured grant funding that would enable the replacement of the roof.

In accordance with S55 of the Local Government Act (1993), Tenders were called for a Lump Sum contract to replace the roof. Tenders closed at 10:00am on Wednesday 26 June 2019 with a 90-day validity period ending 24 September 2019.

No Tender submissions were received by Council.

In accordance with the s178(3)(e) of the Local Government (General) Regulations 2005, when no tenders are received, Council must resolve to cease the project; or take further action, which can include entering into negotiations. 

Post tender debriefs with local Contractors have revealed that some conditions and timelines within the published Tender made the project unattractive for them to make a submission. A loosening of some of the restrictions within the tender may result in a successful outcome via the recommended negotiations.

Negotiations with qualified Contractors would enable flexibility of both the timeline and roof design to ensure the best outcome is achieved for the Project.

Issues:

No tenderer prices were received by council during the compulsory 21-day tender period. Council’s original grant funding timeline is now negatively affected. In accordance with the s178(3)(e) of the Local Government (General) Regulations 2005, when no tenders are received, Council must resolve the matter and a viable pathway forward in this instance includes entering into negotiations. 

Options:

Given the timeframes necessary to carry out the works the options available are:

1.   Adopt the recommendation. This would allow the project to progress to meet Council’s desired timeline and appropriately utilise the Grant funding.

2.   Resolve to re-tender in the open market, which may jeopardise timeframes and put the Grant funding at some risk.

Sustainability Assessment:

•     Environment

The proposed work is unlikely to have adverse environmental impacts.

However, the Contractor’s methodology will be reviewed to ensure that nil impacts occur, and any necessary mitigation measures are employed to ensure the integrity of the environment.

•     Social

Council has received $400,000 in grant funding through Sport Australia’s Community Sport Infrastructure program, with community users and Council staff eagerly anticipating the completion of the project.

This project is of great community importance as Sportz Central is the major indoor sports venue in Coffs Harbour, and it continued use is vital to many sports.

•     Civic Leadership

The project which is listed here for Council’s consideration will address matters outlined in the following strategy of the Community Strategic Plan:

A2 - An active, safe and healthy community

The project will ensure local modern sporting facilities are maintained to a safe and appropriate standard.

•     Economic – Broader Economic Implications

The works are not considered niche’ and a number of companies inside and outside the Coffs Harbour City Council Local Government area have the capacity to carry out the works.

•     Economic - Delivery Program/Operational Plan Implications

Council’s original grant funding timeline is now negatively affected. The recommendation in this report will enable the project to be completed within an extended funding agreement timeline which is being negotiated. If the funding timeline were to pass and the Grant agency was to decline to extend the timeline, then Council would need to decline the project or self-fund this the work from other planned projects.

Risk Analysis:

Any further delays caused by the possibility of retendering will put the funding at high risk.

Quality and safety risks will be controlled during construction by Council’s Project Management team supervising and administering the contract.

Consultation:

Adequate internal consultation has been undertaken.

The Project Management team will liaise with stakeholders and relevant Council staff during the construction phase of the project.

Related Policy, Precedents and / or Statutory Requirements:

The calling, receiving and reviewing of tenders was carried out in accordance with s55 of the Local Government Act 1993, and Part 7 Tendering of the Local Government (General) Regulations 2005.

Tendering procedures were carried out in accordance with Council's policy.

The recommendation is in accordance with s178(3)(e) of the Local Government Regulations (General) 2005.

Implementation Date / Priority:

The desired project completion timeframe is September 2019.

Conclusion:

Council had called tenders for the replacement of the existing roof sheeting on the Sportz Central indoor stadium. No tender responses were received by Council at the closure of the 21-day tender period.

Entering into negotiations with any person (whether or not the person was a tenderer) with the view to enter into a contract in relation to the subject matter of the tender is considered the best option to allow the project to meet desired project outcomes.