Coffs Harbour City Council

04 March 2020

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 12 March 2020

 

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

 

  

Notices of Motion General

NOM20/02      Change to timeframes for Question on Notice & Notice of Motion...................................................................................................................................... 3

General Manager's Reports

GM20/05         Council Committees - Appointment of Members and Amendment to a Terms of Reference............................................................................................ 4

GM20/06         Council Privacy Management Plan............................................................. 11

GM20/07         Contract No. RFT-1213-QI - Cultural and Civic Space Project - Early Contractor Involvement............................................................................... 32

Directorate Reports - Business Services

BS20/17          Progress Report on Leasing and Licensing Policy for Community Organisations...................................................................................................... 37

BS20/18          Procurement Delegations............................................................................ 40

BS20/19          The Australasian Local Government Performance Excellence Program FY19 Report....................................................................................... 44

BS20/20          Airport Enterprise Park - Completion of Detailed Design........... 187

BS20/21          Coffs Harbour Yacht Club Ltd - Request for Financial Relief.. 192

Directorate Reports - Sustainable Communities

SC20/08          Update to Flood Mapping Datasets - Post Exhibition...................... 196

SC20/09          Review of Renewable Energy and Emissions Reduction Plan..... 200

SC20/10          Establishment of a Sustainability Advisory Committee................ 205

SC20/11          Development Application No. 0160/19 - Restaurant (Expansion of Dining Areas) - Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen............................................................................................................. 211

Directorate Reports - Sustainable Infrastructure

SI20/07           Coastal Works Commercial Bids............................................................... 239   


NOM20/02   Change to timeframes for Question on Notice & Notice of Motion

Attachments:          Nil

 

Motion:

Councillor Amos has given notice of his intention to move the following:

"That Council amend clause 3.10 of the Code of Meeting Practice to read as follows:

3.10   A councillor may give notice of any business they wish to be considered by the council at its next ordinary meeting by way of a notice of motion. To be included on the agenda of the meeting, the notice of motion must be in writing and must be submitted by midday, 9 business days before the meeting is to be held.

(Note: this effectively means that a notice of business, i.e. Notices of Motion (NoM) and Questions on Notice (QoN), must be submitted by 12pm two Fridays prior to the scheduled ordinary meeting)"

 

Rationale:

This initiative allows questions arising from council meetings to be answered in a more timely manner, in particular a request for a Question on Notice.

Staff Comment:

This amendment to the code can be made.

 

It should be noted that under cl 361-363 Local Government Act (1993) NSW the draft amended Code of Meeting Practice will need to go out to public exhibition for this change to occur. An advice report can be provided back to Council at the conclusion of the statutory exhibition period.

  


GM20/05      Council Committees - Appointment of Members and Amendment to a Terms of Reference

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  GM20/05  Draft Terms of Reference: City Centre Master Plan Committee  

 

Executive Summary

Nominations to become members of Council advisory and facility management committees require appointment by Council resolution.  This report is seeking the appointment of community members to a number of Council’s committees and an amendment to the City Centre Masterplan Committee.

 

 

Recommendation:

That Council:

1.   Appoint the following to the Yandaarra Aboriginal Advisory Committee:

1.1.     Reuban Robinson, Galambila Aboriginal Health Service

1.2.     Nathan Brennan, Coffs Harbour Local Aboriginal Land Council

1.3.     Blake Cusack, Coffs Harbour Aboriginal Education Consultative Group/ Department

1.4.     Toni-Anne Hart, Department of Communities and Justice

1.5.     Kerrie Wilson, community member

1.6.     Deb Dootson, community member

1.7.     Tina Powell, community member

1.8.     Lloyd Lynwood, community member

1.9.     Glenda Perkins, community member

1.10.   Cindy Hoskins, community member

1.11.   Anthea Flowers, community member

 

2.   Appoint:

2.1.     Kirby Burton retailer, to City Centre Masterplan Committee

2.2.     Jayne Moran to Lowanna Community Hall Facility Management Committee

2.3.     Brenda Mulhearn to Lowanna Community Hall Facility Management Committee

2.4.     Benjamin Bryant to  Ayrshire Park Facility Management Committee

 

3.   Amend the City Centre Masterplan Committee Terms of Reference to reduce the number of city centre landowner (with property valued at or greater than $1,000,000) roles from five to four.

 

Report

Description of Item:

As part of the normal functioning of council committees, community members and councillors are nominated to fill vacant positions.  For nominees to be appointed, they need to be resolved by Council.

 

Committee Nominees

The following nominations are seeking to appoint the following community members:

·     to the Yandaarra Aboriginal Advisory Committee:

-      Reuban Robinson of the Galambila Aboriginal Health Service

-      Nathan Brennan of the Coffs Harbour Local Aboriginal Land Council

-      Blake Cusack of the Coffs Harbour Aboriginal Education Consultative Group / Department

-      Toni-Anne Hart of the Department of Communities and Justice

-      Kerrie Wilson

-      Deb Dootson

-      Tina Powell

-      Lloyd Lynwood

-      Glenda Perkins

-      Cindy Hoskins

-      Anthea Flowers

·     Kirby Burton to the retailer role on the City Centre Masterplan Committee

·     Jayne Moran and Brenda Mulhearn to the Lowanna Community Hall Facility Management Committee

·     Benjamin Bryant to the Ayrshire Park Facility Management Committee

 

Yandaarra Aboriginal Advisory Committee

Council resolved at the 12 December 2019 meeting to adopt the Yandaarra Aboriginal Advisory Committee Terms of Reference (ToR) and noted that Council will be seeking expressions of interest (EOI) for representatives to join the Committee. The EOI process started on 13 January 2020 and ended on 14 February 2020. Through that period Council received eight applications from local aboriginal organisations and six from community members. The nominees presented to Council were selected from an assessment of these applications.

 

City Centre Masterplan Committee

As a result of two resignations in late 2019, Council conducted an EOI to fill vacancies on the City Centre Master Plan Committee (CCMPC). The EOI started on 29 November 2019 and was to close 13 December 2019. During this time, no expressions were received, therefore, the deadline was extended to 20 December 2019. Council still did not receive any expressions after the extension. On 7 February 2020, Council received an application to join the CCMPC from Kirby Burton. Although the application was received post the EOI process, it is believed that Ms Burton’s experience will benefit the committee, and is therefore being nominated.

 

Lowanna Community Hall Facility Management Committee

Both Ms Moran and Ms Mulhearn approached the Lowanna Community Hall Facility Management Committee and expressed a desire to join. The Lowanna Community Hall Facility Management Committee is currently low in numbers and the Committee determined that they would be suitable nominees.

 

Ayrshire Park Facility Management Committee

Mr Benjamin Bryant expressed a desire to join the Ayrshire Park Facility Management Committee,

which is currently low in numbers. Mr Bryant has been attending meetings as an observer and the Committee determined that he would be a suitable nominee.

Issues:

City Centre Masterplan Committee

As referred to above, Council did not receive any applications during the recent CCMPC EOI and still has the following vacancies:

 

·     One city centre landowner (with property valued at or greater than $1,000,000)

·     One city centre landowner (with property valued less than $1,000,000)

 

In 2018, Council called for an EOI to fill vacancies on the CCMPC. During this EOI, Council received six applications for three available city centre landowner roles (with property valued at or greater than $1,000,000). Council staff assessed these applications and recommended three of the applicants to council on 6 December 2018.  At this meeting, Council resolved to appoint an additional two applicants and amend the ToR to increase the number of city centre landowner roles (with property valued at or greater than $1,000,000) from three to five.

 

As Council received no applications during the previous EOI it is recommended that the ToR be amended to reduce the number of city centre landowner role (with property valued at or greater than $1,000,000) from five to four, reflecting current membership.

 

In regards to the city centre landowner role (with property valued less than $1,000,000), this will remain vacant for a future EOI unless a suitable person applies to join the Committee in the meantime.

Options:

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation provided to Council by rejecting a nomination or amended ToR, and then adopt.

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental impacts relating to this report.

•     Social

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

 

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

•     Civic Leadership

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

 

-    A.1 A vibrant and inclusive place.

-    B.2 A community achieving its potential.

Economic – Broader Economic Implications

Committees are formed to help Council facilitate services and functions using community volunteers with varied expertise.  Broadly this taps into the wealth of community knowledge and experience, whilst acknowledging and supporting local skills.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

There are no specific risks associated with the appointment of committee members and amending the Terms of reference.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

S 355 and s377 Local Government Act 1993

Implementation Date / Priority:

Immediate.

Conclusion:

That Council endorses the recommendations within this report.

 


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GM20/06      Council Privacy Management Plan

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM20/06  Coffs Harbour City Council Revised Privacy Management Plan  

 

Executive Summary

Under Section 33 of the Privacy and Personal Information Protection Act 1998 (PPIP Act), Council is required to have a Privacy Management Plan (Plan).  This Plan explains how Council manages personal information in line with the PPIP Act and health information in accordance with the Health Records and Information Privacy Act 2002 (HRIP Act).  This report presents Council revised Coffs Harbour City Council Privacy Management Plan to Council for adoption.

 

Recommendation:

That Council adopt the revised and amended Privacy Management Plan.

 

Report

Description of Item:

Coffs Harbour City Council is bound by the Privacy and Personal Information Protection Act 1998 (PPIP Act) to prepare and implement a privacy management plan (plan) that explains Council’s processes and practices for complying with the PPIP Act and the Health Records and Information Privacy Act 2002 (HRIP Act).

 

The purpose of Council’s plan is to:

 

·     Ensure we have identified how the requirements of the PPIP Act and the HRIP Act apply to the personal and health information we manage.

·     Explain Council’s functions and activities and the main types of personal or health information that we deal with to carry out our functions and activities.

·     Explain Council’s strategies to comply with the PPIP Act and HRIP Act.

·     Provide our staff with the necessary knowledge and skills to manage personal and health information appropriately.

·     Ensure that our community and members of the public understand:

 

-     How to make a complaint or request an internal review if they consider that their privacy may have been breached.

-     How to request access to their personal or health information or an amendment of that information to ensure that it is accurate.

 

·     Enables Council to be transparent and accountable in how we manage personal and health information.

 

Council’s revised plan is attached to this report and it has been developed in accordance with the PPIP Act, HRIP Act and the Information and Privacy Commission’s Guide to Making Privacy Management Plans (August 2012).

Issues:

There are no issues associated with this report.

Options:

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

 

1.       Adopt the recommendation provided to Council.

2.       Amend the plan and then adopt.  However, it is important to note that this document includes requirements and obligations that are established by law.  Any amendments made will need to be carefully assessed against any legal requirements.

3.       Reject the policy meaning that Council will continue to operate under the current plan.  However, it is important to note that this is problematic as the current plan is now out of date.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

This plan is an important communication tool used by Council for providing our community and general public detail on Council’s management of personal and health information we may collect.

•     Civic Leadership

This plan is important for ensuring transparency and accountability and is consistent with the MyCoffs Community Strategic Plan Strategy D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The ongoing development and review of Council plans are accommodated within Council’s budget structure.  This expenditure is monitored through Council’s monthly and quarterly budget reviews.

Risk Analysis:

There are not significant risks identified in adopting this plan.

Consultation:

No consultation was required in the development of this plan, however, Council is required to refer a copy of an amended Privacy Management Plan to the Privacy Commissioner.

Related Policy, Precedents and / or Statutory Requirements:

Section 33 of the Privacy and Personal Information Protection Act 1998 (PPIP Act) states:

 

(1)     Each public sector agency must prepare and implement a privacy management plan within 12 months of the commencement of this section.

(2)     The privacy management plan of a public sector agency must include provisions relating to the following:

(a)     the devising of policies and practices to ensure compliance by the agency with the requirements of this Act or the Health Records and Information Privacy Act 2002, if applicable,

(b)     the dissemination of those policies and practices to persons within the agency,

(c)     the procedures that the agency proposes to provide in relation to internal review under Part 5,

(d)     such other matters as are considered relevant by the agency in relation to privacy and the protection of personal information held by the agency.

(3)     (Repealed)

(4)     An agency may amend its privacy management plan from time to time.

(5)     An agency must provide a copy of its privacy management plan to the Privacy Commissioner as soon as practicable after it is prepared and whenever the plan is amended.

(6)     The regulations may make provision for or with respect to privacy management plans, including exempting certain public sector agencies (or classes of agencies) from the requirements of this section.

Implementation Date / Priority:

Immediately.

Conclusion:

It is recommended that the Coffs Harbour City Council Privacy Management Plan be adopted by Council.

 


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GM20/07      Contract No. RFT-1213-QI - Cultural and Civic Space Project - Early Contractor Involvement

Author:                        Strategic Projects Officer

Authoriser:                  General Manager

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  GM20/07  CONFIDENTIAL Contract No. RFT-1213-QI - Tender Assessment

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.

ATT2  GM20/07  CONFIDENTIAL Contract No. RFT-1213-QI ECI RFT Proberty Report   

 

Executive Summary

Following on from the Expression of Interest process associated with this procurement, Council issued Requests for Tender to the 3 shortlisted builders.  Assessment criteria and tender acceptance recommendation details are contained in the Confidential Attachment (ATT1) to this report.  The associated report of the project’s independent Probity Advisor is also a Confidential Attachment (ATT2) to this report.

 

Recommendation:

That Council considers the tenders received for Contract RFT-1213-QI Early Contractor Involvement for the Cultural and Civic Space Project, and adopts the recommendation in the Confidential Attachment (ATT1).

 

Report

Description of Item:

The works associated with this contract are part of Council’s Cultural & Civic Space Project.

 

This contract is for a builder to participate in Design Development from 30% to 80% documentation and, potentially, to undertake construction under a future Design and Construction contract.

 

The Early Contractor Involvement (ECI) services include, but are not limited to:

 

-     working collaboratively with the Principal's designer and other consultants to develop the design and detailed Design Documents

-     to fully interrogate the design for buildability, inconsistency, incompleteness or other issues

-     assessment and review of Site documentation, reports and Authority approvals

-     ensuring the Construction Works are sufficiently designed and documented to enable the Principal to obtain fixed lump sum pricing for design completion and construction

-     identifying the trade packages

-     investigating and reporting on value management options, including working collaboratively with the Principal's Cost Manager as to progressively cost value management items

-     to develop a Scope of Works for the Construction Phase so as to encompass all of the relevant requirements for the work including access, approvals and submitting working drafts on a monthly basis for comment by the Principal.

 

Invitations for Tender were called for a Lump Sum contract. Tenders closed at 10am on Wednesday 19 February 2020 with a 90-day valid period ending 19 May 2020.

 

Submissions were received from two organisations, which were:

 

1.    Lipman Pty Ltd

2.    Watpac Construction Pty Limited

 

The tenders have been evaluated on the following criteria:

 

-      Past performance

-      Scope and team capability

-      Compliance and related risk

-      Proposed methodology

-      Company viability and capability

-      Tender price including ECI lump sum, preliminaries, profit, overhead recovery and estimated construction contract sum

 

In accordance with the adopted Delivery Program this project is to be completed and capitalised before the end of the 2023/2024 financial year.

 

Both companies provided compliant submissions.

Issues:

1.    That the Cultural and Civic Space Project can’t be progressed in accordance with Council’s resolved method of procurement (Resolution 2019/114) without the ECI services.

2.    That this is one of five major contracts required to progress and complete the project.  The contract for construction is anticipated to be considered by Council later in 2020 and the other three contracts were approved at Council’s meeting of 13 February 2020 (Resolutions 2020/13, 2020/14 and 2020/15).  These three contracts are, respectively:

a.    Project Management services

b.    Head Design Consultant services (i.e. architect and design team sub-contractors)

c.    Cost Management services

 

Options:

1.    Adopt the recommendation. This would allow the project to progress in accordance with Council’s resolutions.

2.    Reject the recommendation and re-direct the Cultural and Civic Space Project.

Sustainability Assessment:

•     Environment

The building design is developing to respond to the unique environmental conditions of the Coffs Harbour region by implementing low embodied energy construction systems and materials.  It aims to minimise energy use and harness the climate to improve the quality of spaces through passive and active solar and system design.  Sustainability of the people is equally important - the physical space shall support the health and well-being of the occupants, encourage them to thrive, and be a catalyst for them reaching purpose and potential.  The building will target a wide range of sustainability initiatives to align with Council’s Sustainability Policy.

•     Social

A range of community and cultural benefits will flow from the development including a vibrant cultural hub, improved literacy, educational and lifelong learning, improved social and wellbeing outcomes, increased exhibition spaces and programs, increased visitor numbers and a variety of cultural facilities and spaces that don’t exist today.

 

The CCS Project Concept Business Case projected that the annual visitation to these facilities by Year 5 post-construction to be around 412,000.

•     Civic Leadership

Civic leadership is shown through the ongoing implementation of MyCoffs Community Strategic Plan.  Council sees an opportunity to match the needs of our growing population, civic leadership and to add value to the city as an urban renewal opportunity and a cultural, community, business and visitor destination.

•     Economic – Broader Economic Implications

An independent economic assessment identified a host of benefits to the CBD including a variety of financial benefits over a 30-year period totalling $57m, 31 on-going jobs and an extra $2m per annum Gross Regional Product.

•     Economic - Delivery Program/Operational Plan Implications

All Tender prices received are within Council’s allocated budget for this Project.

Risk Analysis:

There are some key risks specifically related to this procurement of the Early Contractor Involvement. 

 

An independent Comprehensive Financial Assessment of both tenderers has been undertaken.  The actions recommended in the financial assessment report for Council’s selected tender will be implemented.

 

The other key risk with this procurement is that the ECI process may fail to result in the appointed ECI tenderer being recommended to Council for the Design and Construction (D&C) contract.  This is mitigated in the resolved method of procurement (Resolution 2019/114) whereby, if the ECI process fails, a new tender would be offered to the market for a traditional lump sum D&C contract.

A project risk register has been developed and reported to Council previously.  Risks continue to be monitored and mitigated.

 

To further enable mitigation of the risks and to ensure good governance for the Project, a Project Board was established.  This Board is chaired by the General Manager and has met formally on a regular basis over the last 18 months to consider Project Status Reports and review the status of the risk register.  The Project Board also undertook the role of value managing the project aspects to ensure the outcomes delivered on the Project Brief and remained within the allocated budget.

Consultation:

Extensive community and staff engagement was conducted from September 2018 to June 2019.  Additionally, targeted stakeholder consultation was undertaken to further inform the design of the building.  Throughout the process the Library and Gallery Planning Advisory Group (LGPAG) have remained closely engaged as the formal community advisory group.

 

There were many avenues for the community to be informed of the design (print and radio media, newsletters, information stands, meetings and forums, rate notice information and much more) and provide comment.  Ten targeted groups were identified for more detailed consultation and engagement including Migrants, people experiencing homelessness, Youth and Indigenous.  Many of these groups were engaged on multiple occasions throughout the Schematic Design phase.

 

At the public release of the Schematic Design, feedback was open from 10 – 31 May 2019.  Extensive promotion was conducted that enabled written feedback to be provided through a range of platforms.  78 written feedback submissions were received.  Overall written feedback was 51% positive and supportive of the project, 23% neutral, suggestions or unrelated and 26% opposed to the project in part or its entirety.  After extensive communication and engagement, a limited amount of written feedback was received.  It should be noted that a percentage of the negative feedback was in respect to there being no performance space in the Cultural and Civic space project.  As council is aware, the performance space was intentionally separated from this project at the outset and is the subject of a separate body of work.

 

Since completion of Schematic Design the State Significant Development application has been submitted and submissions are currently being assessed and responded to by the CCS Project Office and the Project’s Planning Consultant.  A Development Application for demolition of existing buildings on the project site has also been submitted and is in process.

Related Policy, Precedents and / or Statutory Requirements:

The calling, receiving and reviewing of tenders was carried out in accordance with Part 7 Tendering of the NSW Local Government (General) Regulations 2005.  Tendering procedures were carried out in accordance with Council's policy.

Enabling of strategic outcomes:

 

·     MyCoffs Community Strategic Plan

·     The City Centre Master Plan 2031 and its desired outcomes are enabled in part by this project through activation of the Gordon St site and freeing up of the 2 Castle St site for future activation.

·     The Creative Coffs – Cultural Strategic Plan 2017 – 2022

·     The Coffs Harbour City Library Strategic Plan 2012 – 2016

·     Economic Development Strategy 2017-2022

·     Coffs Coast Tourism Strategic Plan 2020

·     Coffs Harbour Events Strategy 2020

·     Disposal of Assets Policy

Implementation Date / Priority:

 

 

Key Project Milestones

Start date

End date

1

Development application processing and approval

Jul 2019

May 2020

2

Detailed Design (to 80% design documentation)

Feb 2020

Oct 2020

3

Demolition

Feb 2020

Apr 2020

4

Award Design & Construction Contract (remaining 20% design documentation and construction)

Oct 2020

Dec 2020

5

Construction

Feb 2021

Feb 2023

6

Construction contingency

Mar 2023

May 2023

 

Conclusion:

This report provides Council with the opportunity to approve the early contractor involvement contract for the Cultural and Civic Space Project.

 

 

  


BS20/17       Progress Report on Leasing and Licensing Policy for Community Organisations

Author:                        Property Officer

Authoriser:                  Director Business Services

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

Attachments:              Nil

 

Executive Summary

Council at its meeting of 28 February 2019 resolved to adopt the Leasing and Licensing Policy for Community Organisations, note the Guidelines for Assessment of Rental for Community Tenants and Conditions of Tenure for Community Organisations, and receive a report on the progress of the policy to the second meeting of February 2020.

 

This report provides an update to Council on the progress of the policy implementation over the past 12 months.

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

The Leasing and Licensing Policy for Community Organisations and associated Guidelines have been applied where possible to new tenures negotiated over the past twelve months.  This report provides an update on the implementation and impact of the Policy and associated Guidelines.

Issues:

Council staff have entered into or negotiated leases and licences with various community and sporting based organisations over the past twelve months.

 

The assessment of rental for the majority of these tenures has not been determined under the Leasing and Licensing Policy for Community Organisations and associated Guidelines due to the tenures being:

 

·    renewals of tenure being under an existing lease option;

·    new tenures where the rental was negotiated prior to the implementation of the Policy;

·    tenures subject to the provisions of the new Crown Land Management Act 2016, where a lease cannot be offered until it is authorised under an approved Plan of Management; or

·    new tenures to commercial tenants (where the Policy does not apply and fair market rental is used).

 

One tenure which was offered under the Leasing and Licensing Policy for Community Organisations was for the new lease to the Bunker Cartoon Gallery Inc. commencing 1 July 2020.  According to the calculations in the Guidelines for Assessment of Rental for Community Tenants, the rental was assessed at fifty percent of the current market value for the site.

 

The following table details all tenures to community or sporting organisations entered into or negotiated during the period.

 

Tenure

Ownership

Rental

Details

Coffs Coast Sport & Leisure Hub

Council

Market

Negotiated

The Northcott Society

Council

Market

Option Renewal

Lifetime Connect

Council

Market

Commercial

Bunker

Council

As per policy

 

Coffs Harbour Community Village

Crown

Market

12 months (max.)

Marine Rescue

Crown

Statutory Minimum

12 months (max.)

Various Sporting Clubs

Crown

Statutory Minimum

12 months (max.)

Although limited application of the Policy has been shown to date, it is anticipated that the consistent methodology adopted within the Policy will provide clear guidance to community groups seeking to utilise Council’s property portfolio.  The Policy will also be due for review during the next 18 months which will provide a further opportunity to access its effectiveness.

Options:

It will take many years for the Policy to be incorporated into the many community and sporting tenures on Council owned and controlled lands.  The Policy and Guidelines provide community and sporting tenants of Council property with an equitable and transparent process for the determination of rentals.

 

It is recommended that Council note this report.

Sustainability Assessment:

•     Environment

Implementation and endorsement of the Policy and Guidelines has no detrimental impact on the environment.

•     Social

Implementation and endorsement of the Policy and Guidelines supports the social benefit which community and sporting organisations provide to the wider community.

•     Civic Leadership

The implementation and endorsement of the Policy and Guidelines provides support to community and sporting organisations and demonstrates civic leadership to the local government area.

•     Economic – Broader Economic Implications

Subsidised rental provides financial assistance to community and sporting organisations.

•     Economic - Delivery Program/Operational Plan Implications

Subsidised rental reduces Council’s full potential income from its property assets; however, financial responsibility for various fees and charges and repairs and maintenance is generally transferred under the agreement to the lessee.

Risk Analysis:

Implementation and endorsement of the Policy and Guidelines continues to provide tenants of Council land with an equitable and transparent process for the determination of rentals for community and sporting tenures.

Consultation:

The original policy and guidelines were placed on public exhibition and existing tenants were advised of the policy proposal.

Related Policy, Precedents and / or Statutory Requirements:

The Policy and Guidelines support Council’s Property Strategy 2018-2021.

Implementation Date / Priority:

The Policy and Guidelines are being applied to each tenure upon expiry or termination of current agreements.

Conclusion:

The Policy and Guidelines have been well received and should provide increasing benefit to applicable lessees as their leases are renewed.

 

 

 


BS20/18       Procurement Delegations

Author:                        Director Business Services

Authoriser:                  General Manager

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

Attachments:              Nil

 

Executive Summary

In considering a Notice of Motion in November 2019 in relation to the Cultural and Civic Space Project, Council adopted a resolved position requiring the approval of all contracts by Council greater than the prescribed tender threshold of $250,000.  This Resolution may have had some unintended consequences for the efficient and effective operation of the Council organisation.

 

This report provides an opportunity for Council to review the current situation and potentially adopt a more efficient and effective position moving forward.

 

Recommendation:

That Council:

1.       Repeal Resolution 2019/209; and

2.       Resolve that where Council is proposing to procure goods and services where the value exceeds the prescribed tender threshold of $250,000, in respect of the Cultural and Civic Space Project, each resulting tender is to be determined by full Council.

 

Report

Description of Item:

At Council’s meeting held 28 November 2019, consideration was given to Notice of Motion 19/17.  Whilst the original Notice of Motion was specific to contracts associated with the Cultural and Civic Space Project, ultimately Council passed Resolution 2019/209 as follows:

 

“That all contracts including the Cultural & Civic Space proposed for Gordon Street Coffs Harbour in excess of the prescribed tender amount of $250K are to be determined by full Council and not under delegated authority.”

 

From commentary shared post Council’s adoption of the above Resolution, it is understood that some unintended consequences may have been captured by the Resolution and subsequently it was suggested that the matter may be the subject of review at an appropriate time.

 

Whether one considers the wording of the original Notice of Motion, or the adopted Resolution, the term “That all contracts…” has the effect of capturing a broad range of matters, whether they be procurement or other matters. From comments made post the adoption of the Resolution, it is understood that the intention was to capture the procurement of goods and services where the value exceeds the tender threshold of $250,000.

Issues:

As mentioned above, it would appear that some unintended consequences have been captured by

the broad wording of the Resolution.

 

Some examples of unintended consequences could be summarised as follows:

 

i.    Where Council, through the Coastal Works or CitySmart Solutions, is proposing to formulate and submit tenders to potentially deliver external works where the value of those works exceeds $250,000.  Since late November, a number of reports have been submitted as part of the normal Business Paper cycle and three Extraordinary Meetings of Council were called during January 2020 to enable the business of these two commercial business units of Council to occur.

ii.    Should an item of plant worth more than $250,000 be proposed to be replaced in accordance with Council’s adopted plant replacement policy under a State Government Contract, or other Contract Panel developed as a result of an earlier tender process, effectively the issue of a purchase order for that plant item cannot be issued until reported to Council and a resolution passed authorising the transaction.  That is, in issuing a purchase order, Council is effectively entering into a contract.

iii.   The annual process of arranging insurance quotations, accepting those quotations and signing an insurance policy, arranged through the insurance mutual that Council belongs to, is the process of entering into a contract.

 

These are just three examples of processes/contracts that have effectively been captured by the current broad wording of the Resolution, effectively hindering the progress of business as usual. It is understood that the intention of both the original Notice of Motion (specific to the Cultural and Civic Space Project) and the ultimate Resolution (all contracts) was to capture the procurement of goods and services where the total value of those goods and services would exceed the tender threshold of $250,000.

 

To enable the current situation to be reviewed, it is suggested that the following wording would deliver on the original intent:

 

“That where Council is proposing to procure goods and services where the value exceeds the prescribed tender threshold of $250,000, each resulting tender is to be determined by full Council.”

 

Should the desire exist to effectively apply this provision to the Cultural and Civic Space Project alone, then the following wording would deliver the desired outcome:

“That where Council is proposing to procure goods and services where the value exceeds the prescribed tender threshold of $250,000, in respect of the Cultural and Civic Space Project, each resulting tender is to be determined by full Council.”

Options:

Council has the following options to consider in relation to this matter.

 

1.   Adopt the recommendation provided in this report and effectively require the procurement of goods and services for the Cultural and Civic Space Project where the total value exceeds the prescribed tender threshold of $250,000 to be determined by full Council and not under delegated authority. The effect of this option is to reinstate other business as usual processes, whilst ensuring major tenders for the Cultural and Civic Space Project are determined by the full Council.

 

2.   Adopt the following wording as a resolution, effectively requiring all tenders for the procurement of goods and services to be determined by full Council:

“That where Council is proposing to procure goods and services where the value exceeds the prescribed tender threshold of $250,000, each resulting tender is to be determined by full Council.”

 

3.    Reject Options 1 and 2, thereby maintaining the outcome of Resolution 2019/209, and requiring all contracts with a value exceeding the tender threshold of $250,000 to be authorised/determined by full Council. As mentioned in the Issues section of this report, this has ongoing consequences for the organisation’s business as usual processes and progress; that is, impacts on operational efficiency and effectiveness.

Sustainability Assessment:

•     Environment

It is not envisaged that there are any environmental impacts as a result of Council’s consideration of this report.

•     Social

It is not envisaged that there are any social impacts as a result of Council’s consideration of this report.

•     Civic Leadership

Delegations within Council are consistent with the MyCoffs Community Strategic Plan Strategy D 2 – We have effective use of public resources.

•     Economic – Broader Economic Implications

There are no broader economic implications as such, although there are some impacts on the efficiency and effectiveness of Council’s procurement of goods and services depending on the final position adopted by Council.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

Council’s adopted Risk Management Policy and the Risk Management Framework are applied to the processes surrounding the procurement of goods and services on a daily basis with a view to ensuring that any inherent risks are identified and mitigated.

Consultation:

Various officers within Council involved in the procurement of goods and services and governance were consulted during the preparation of this report.

Related Policy, Precedents and / or Statutory Requirements:

Section 377 of the Local Government Act 1993 establishes the general power of the Council to delegate functions of the Council, thus enabling the smooth operations of the Council organisation.

Implementation Date / Priority:

The adoption of the recommendation contained in this report will be implemented immediately.

Conclusion:

As indicated above, it would appear that the adoption of Resolution 2019/209 has resulted in some unintended consequences and this report provides an opportunity for Council to review the current situation with a view to addressing those unintended consequences. The recommendation contained in this report is provided for Council’s consideration.

 


BS20/19       The Australasian Local Government Performance Excellence Program FY19 Report

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/19   The Australasian Local Government Performance Excellence Program FY19 - Coffs Harbour City Council  

 

Executive Summary

In 2013 PwC Australia and LG Professionals NSW worked in collaboration to create the Australasian LG Performance Excellence Program.  The program uses PwC’s local government experience and analytics expertise to provide a local government sector based benchmarking approach.  For financial year 2019 (FY19) there were 115 participant Councils, 55 from New South Wales, 15 from New Zealand, 23 from South Australia, 21 from Western Australia and 1 from Queensland.  Like Coffs Harbour City Council, 64% of participants or 74 Councils have resident populations between 10,001 and 100,000, and 37% of participants or 43 Councils are classified as Regional Councils.

 

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program and 2019 represents Council’s fourth year of participation.

 

This report presents to Council the FY19 Performance Excellence Report for Coffs Harbour City Council.  The results of the program will continue to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

 

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

In 2013 PwC Australia and LG Professionals NSW worked in collaboration to create the Australasian LG Performance Excellence Program.  The program uses PwC’s local government experience and analytics expertise to provide a local government sector based benchmarking approach.  For financial year 2019 (FY19) there were 115 participant Councils, 55 from New South Wales, 15 from New Zealand, 23 from South Australia, 21 from Western Australia and 1 from Queensland.  Like Coffs Harbour City Council, 64% of participants or 74 Councils have resident populations between 10,001 and 100,000, and 37% of participants or 43 Councils are classified as Regional Councils.

 

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

 

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program and 2019 represents Council’s fourth year of participation.

 

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

Issues:

When Council considered the FY18 Performance Excellence Report, several items for further attention were identified from the report and in each case actions were identified to ensure the issues were addressed. In the following section the text in italics is a reproduction of the commentary in last year’s Council report together with update comments.

 

Overtime Spend

 

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

 

Actions:

 

·   Internal audit completed highlighting opportunities for improvement.

·   Senior leadership review and resource mix changes as appropriate.

·   Ongoing assistance from Organisational Development to optimise resource mix.

·   Ongoing overtime reporting for monitoring purposes.

 

Update:

 

Pleasingly, the actions put in place in relation to the management of overtime have delivered a significant reduction in overtime as a percentage of total wages, which has decreased from 6.6% FY18 to 4.1% FY19. In addition, Council’s spend per full time equivalent staff has decreased between FY18 ($4,292) and FY19 ($3,463).

 

Council is still above the median for the NSW survey population, partly due to Council’s provision of water and sewer services, which inherently have a relatively high overtime component. However, leadership still need to continue the vigilant monitoring of overtime and ensure the use of overtime gives due consideration to the most cost effective resource mix.

 

Ageing Workforce

 

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

 

Actions:

 

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

·   Complete Talent Management Framework.

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

 

Update:

 

The ageing workforce continues to be an industry wide issue although the generational trends in relation to the makeup of Council’s workforce are trending as would be expected.  In the last 12 months there has been a 6% reduction in baby boomer employees complimented by increased percentages of Gen X, Y and Z employees.  While these trends are to be expected as older employees retire, they also reflect the improved employee experience at Coffs Harbour City Council, which include enhanced transition to retirement options, flexible work arrangements and clear opportunities for career advancement.

 

Due to some specific resourcing challenges the Talent Management Framework has not yet been finalised; however, it will be completed by June 2020. Once implemented, and coupled with an enhanced approach to succession management, this will further build on our capacity to deliver positive outcomes for all sections of our workforce.

 

Gender Diversity

 

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

Actions:

 

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

·   Ongoing monitoring.

 

Update:

 

With the exception of Director level and above, our gender equality in leadership roles is comparable or better than both the entire survey population and also the more granular NSW survey population. In addition, Council had a higher rate of promotion for females into supervisor positions than males. These results indicate the actions put in place are seeing positive outcomes.

While Council recognises the importance of gender equality and the need for appropriate strategies and actions for improvement, the overriding principle of merit-based recruitment must be applied to all recruitment within Local Government and this will ultimately impact the gender mix within the organisation.

 

Another pleasing outcome is that Council rated extremely well compared to others within the survey regarding having in place programs and initiatives regarding diversity and inclusion. In further building on this, our recruitment marketing will now include information that ensures prospective employees are fully aware of what Council has to offer in terms of initiatives to support a diverse workforce.

 

Labour Hire Use

 

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

 

Actions:

 

·   Ongoing labour hire reporting for monitoring purposes.

 

Update:

 

Council’s labour hire spend remains above the survey median but having regard to recent reviews of key areas, including consideration of those services delivered by Council that may not be applicable to other Councils in the survey, the current level of expenditure meets required demand.  Services such as Holiday Parks and Stadium and Major Events utilise labour hire as an effective means of fulfilling short-term and seasonal resource requirements.

 

As part of our ongoing approach to workforce resourcing, consideration will be given to alternative sourcing models other than labour hire for casual and short term resources. This approach may deliver improved cost effectiveness of short term labour as well as improved engagement with Council as an employer of casual staff.

 

Highlights from the attached FY19 Performance Excellence Report for Coffs Harbour City Council are outlined in the section below. It should be noted that comparisons made with other Councils always need to be cognisant and understanding of differences that exist in each Council’s definitions and methods of service delivery.

 

Span of Control

 

While it is impossible to allocate an exact number to the ‘perfect’ span of control Council’s current level is considered broadly appropriate given our mix of services.  Benefits of a larger span of control can include quicker decision making, lower costs due to the reduced management overhead and improved employee engagement through additional autonomy.

 

The results regarding span of control also align with the ongoing principles and outcomes identified and implemented in Council’s transformational change program in 2014.

 

 

Investing in our People

 

During the FY19 Council has continued to focus on its most important asset, our people.  Again Council has outperformed the survey population for training spend per full time equivalent staff, providing ongoing learning and professional development opportunities.  Investing in training is one aspect of a productive and engaged workforce. To compliment this investment, it is also critical to ensure the workforce has the appropriate technology available to deliver services to the community.  In this regard we continue to invest in technology to the tune of $7,444 per employee and this compares favourably with the survey population in FY19. 

 

 

Capital Expenditure Spend Per Resident

 

Council has seen a steady upwards trend in relation to capital expenditure per resident over the four years since the initial benchmarking survey Council participated in.  Pleasingly, in FY19 capital expenditure per resident is now on par with the NSW survey population and the improvement is a direct reflection of improvements made in the planning, scheduling and executing of our rolling capital works program. Predominantly these improvements have been implemented as part of the transformational change program in 2014.

 

 


 

Customer Centric Value

 

As an organisation Council continues to focus on improving the experience of our customers when engaging with Council.  During FY19 this has included the provision of more online services through our online forms, online bookings and the pilot of online development applications. The online service options are supported by a customer resolution team that provides the relevant face to face and telephone contact channels required by our community.

 

 

Controlling Employee Costs

 

During FY19 there has been an 11.7% growth in our employee costs. However, when these costs are considered in the context of Council’s entire operating expenses and levels of service provisions, Council continues to outperform the NSW survey population.  Contributing to this positive result is the full time equivalents per 1,000 residents, which has remained constant over Council’s period of time participating in the survey, and is less than the NSW survey population.

 

 

Improving Leave Management

 

A focus on leave management during FY18 and FY19 has seen Council’s annual leave and long service leave balances trend in the right direction, which is pleasing not only from a financial risk perspective but also from an employee wellbeing perspective.

 

However, with 21% of staff having commenced in the past two years and as such not yet eligible for long service leave and unlikely to have accrued significant annual leave, there is an ongoing challenge to continue to reduce the financial liability associated with Council’s leave balances.  This will require a targeted focus from the leadership group to implement leave plans for staff at all levels with excessive leave balances.  Initial discussions regarding a consistent organisational wide approach to leave management has commenced with the Group Leadership Team.

 

 

 

 


 

Employee Turnover

 

Council continues to have what is considered a healthy turnover of 10%, which is below the NSW survey population, but sufficiently high enough to ensure a steady injection of new resources bringing fresh ideas and enthusiasm to the organisation.

 

There are two important demographics where we have a particularly low turnover compared to the survey population and these are worth highlighting.  The first is the staff turnover rate in the first year of employment where Council has a 6% turnover against 16% for the NSW survey population. It is pleasing that Council is providing an employee experience for new employees that encourages them to commit to the organisation.

 

Additionally, the female staff turnover rate is at 7% compared to a NSW survey population at 14%, which contributes positively to a diverse workforce. Our leaders continue to monitor the reasons for departure and identify any trends that might be contributing to unfavourable departures.

 

 

 

 

Development Applications – Service Delivery

 

The processing of development applications is a typically challenging regulatory service where it is difficult to please all stakeholders all of the time.  In this regard, Coffs Harbour City Council is no different from other Councils, constantly balancing the needs of our customers and community with the required assessment instruments.  FY19 is the first year that development assessment data has been collected as part of the Performance Excellence Benchmarking process and it provides an opportunity to receive more timely analysis compared with other industry data, which can sometimes lag by a number of years.

 

A number of positive indicators are apparent in the report with our cost per determined application being $800 lower than the NSW median and our median gross processing days for determined applications being 7 days lower than the NSW median.  An improvement program within the development assessment team continues to focus on process, technology and cultural improvement to deliver enhanced outcomes for our stakeholders and indicators such as these reinforce the value of that program.

 

 

 

Roads and Bridges – Service Delivery

 

Council’s annual operating expense per kilometre appears significantly higher than the survey population in this year’s report.  Two aspects are contributing to this expense.

 

The first is that Council has a very high percentage of sealed roads in our Local Government Area (> 80%) and sealed roads have a higher ongoing maintenance cost compared to unsealed roads. 

The second aspect is that the cost of undertaking commercial roads and bridges work for other Councils and external clients is also included in this cost and has the effect of inflating the cost per kilometre.  This is an issue that is likely unique to Coffs Harbour City Council and has been advised to PwC to try and identify an appropriate solution for future benchmarking exercises. 

 

Solid Waste Management – Service Delivery

 

Council waste management services are largely supplied through two contracts, one related to the collection of waste and one for the processing of waste. The arrangements in place have led Council to achieving extremely high rates of diversion of the waste stream from landfill, but this is at a significant additional cost as can be seen from the measure solid waste management expense per resident.

 

Summary Comment

 

The PwC survey results certainly provide Council with some valueable information. In particular, they provide a good rear view mirror snapshot of a number of specific indicators, which individually provide a solid guide regarding the success or otherwise of specific initiatives that have been introduced. There are many of the indicators that provide positive results for Council, especially in light of the nature and breadth of Council’s services and operations.

 

The results, however, especially from a people perspective, allow leadership to take a more holistic view of the people environment and experience at Council. In this regard, it has provided the opportunity to examine the results and consider these in the context of the mix of people initiatives and programs in place at Council. The overriding message from the survey is that there is a positive environment at Council and one that provides a solid platform to ensure high levels of engagement with a diverse workforce.

 

Moving forward, the PwC results will also provide important information and context as part of preparing the next Workforce Management Plan as part of the Integrated Planning and Reporting Program’s suite of documents.

Options:

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

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

There are no direct broader economic impacts from this report.

•     Economic - Delivery Program/Operational Plan Implications

Council’s participation in the program is budgeted in the Operational Plan and cost $16,295 for FY2019.

Risk Analysis:

Publishing the FY19 Performance Excellence Report for Coffs Harbour City Council provides further transparency on Council’s operations and performance.  This information may be misused out of context and therefore may present some reputational risk for Council.  However, being open and honest with the community enhances Council’s reputation.

Consultation:

Consultation has occurred with the broader leadership of Council.

Related Policy, Precedents and / or Statutory Requirements:

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

 

Sharing results with third parties:

 

This report has been provided to each participating council so that a participating council can understand how it compares to the aggregated findings and for no other purpose.  As agreed in the survey agreement with participating councils, in the event any Participating Council needs to share its Report (in whole or part) or the findings from the CCAT (but excluding any information in the CCW) with third parties as part of a council meeting, on a council website, or with other Participating Councils, or in a submission to government, then, unless a copy of the full Report (including disclaimers in the report) is being disclosed, the following words are to be included to qualify any statements, results and/or comparisons extracted or referenced from the CCAT or the Report:

 

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

 

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

Implementation Date / Priority:

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

Conclusion:

This report presents to Council the FY19 Performance Excellence Report for Coffs Harbour City Council for consideration and noting.

 

 

 


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BS20/20       Airport Enterprise Park - Completion of Detailed Design

Author:                        Commercial and Compliance Manager

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/20   CONFIDENTIAL de Groot Benson Fee Proposal

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

ATT2  BS20/20   Airport Enterprise Park Portions Map  

 

Executive Summary

Council is in the process of constructing the Airport Enterprise Park and has been using the services of de Groot Benson Engineers Pty Ltd (dGB) for relating to the subdivision development application and detailed design of Portion 1 (up to Construction Certificate 3 – Portions Map Attachment 2).  As a result of a significantly reduced project timeframe required to comply with a Commonwealth Grant Funding Deed, a resolution is being recommended to enter into direct negotiations, under S55(3)(i) of the Local Government Act, with de Groot Benson to procure detailed design services for Portion 2 of the Airport Enterprise Park project.

 

Recommendation:

That Council:

1.       With reference to section 55(3)(i) of the Local Government Act, resolves because of extenuating circumstances (accelerated project timeframes) and unavailability of competitive tenderers (current contractor has an advanced knowledge of future stages and design requirements), that a satisfactory result would not be achieved by inviting tenders for Detailed Design of Portion 2 (Construction Certificates 4, 5 and 6) of the Airport Enterprise Park.

2.       Delegates the General Manager to execute a contract with de Groot Benson Engineers Pty Ltd (ABN 50 772 141 249) for detailed design of Portion 2 of the Airport Enterprise Park to a value no greater than $542,273.00 (excluding GST).

3.       Note the indicative costs as detailed in the confidential attachment.

 

Report

Description of Item:

Council has previously resolved to proceed with the development of the Airport Enterprise Park (AEP) and a subdivision development consent was approved by the Joint Regional Planning Panel on 6 July 2017.

 

De Groot Benson Engineers Pty Ltd (dGB) were successful, via a competitive process, in securing the contract to assist with the subdivision development application and were subsequently approved via contact extensions to continue with the detailed design for the initial stages of the project, being Portion 1, including Construction Certificates (CCs) 1, 2 and 3.

 

The initial AEP project plan was to finalise construction of Portion 1 and suspend the design and construction of Portion 2 until additional funding for the project was secured.  Since the commencement of the detailed design and CCs for Portion 1 Council has been successful in securing $10m in Commonwealth grant funding to assist in bringing the full AEP project to fruition.  As a result of accepting the grant funding, Council is now obliged, under the Grant Funding Deed, to complete the project in a significantly reduced timeframe with completion scheduled for April 2022.  A procurement process is estimated to take at least two months during which time no progress will be made on the detailed design of Portion 2.  Given the reduced timeframes for completion, it is no longer viable to halt the project for this length of time and expend resources on a procurement process that is unlikely to yield improved value or outcomes.  It is proposed that, because of extenuating circumstances, a satisfactory result would not be achieved through a tender process.

 

Furthermore, as the detailed design for Portion 1 has progressed a considerable amount of contingent works were required on Portion 2, particularly in relation to flooding, drainage and services.  As a result, a significant amount of preliminary work was produced, by necessity, outside the scope of the original contract and a large volume of retained project knowledge is now held by dGB.  The level of preliminary work and retained project knowledge established by dGB during the development of Portion 1 now translates to an inability to conduct a competitive tender for Portion 2 and is unlikely to provide Council with improved value or outcomes.  This represents a further rationale for seeking an exemption under S55(3)(i).

 

The works undertaken by dGB to date have been to a high standard and the quality of future project outcomes do not represent a risk to Council if dGB is engaged further.  However, in the absence of a tender process, due diligence has been undertaken to ensure any re-engagement of dGB still represents a value for money proposition to Council.  A quote for future works (Confidential Attachment 1) has been obtained from dGB and has been evaluated against the previous contracts of a similar nature secured via a competitive process.  In this regard, the cost schedule provided continues to represent value to Council.  As a general comparison, design for CC1, CC2 and CC3 (24 lots) has cost $369,162 to date (excludes Development Application costs, Flood Study and subsequent floodway design) and, via quotation, CC4, CC5 and CC6 (54 lots) are proposed to cost between $372,273 and $542,273.  Whilst the two portions vary somewhat in design requirements, a broad comparison can be made on a cost per lot basis with Portion 1 detailed design being circa $15,300 per lot and Portion 2 detailed design being circa $10,050 per lot based upon the high end of the quotation provided.

Issues:

The three key issues for consideration in this decision is ensuring that Council still achieves value for money exclusive of a tender process, the quality of outcomes are not compromised and the significantly reduced project timeframes are adhered to so the grant funding is not placed under threat.  As mentioned in the ‘Description of Item’ section, Council officers have undertaken a process to ensure value for money and there are no performance issues in relation to dGB.  The reduced project timeframes are the key threat to the project and any protracted procurement process, for no perceived value or improved outcomes, will increase the likelihood that Council breaches its responsibilities under the Commonwealth Grant Funding Deed.

 

Another issue for consideration is the variability in the fee proposal provided by dGB.  The project contains a number of items that require further investigation or negotiations with Council exercising its regulatory functions as consent authority.  As a result, the project costs contain a range, dependent upon various outcomes.  The maximum estimate for the works is $542,273 (excluding GST) with the minimum being an estimated $372,273 (excluding GST).

Options:

The only viable alternative to the recommendation would be to undertake a tender process for the detailed design of Portion 2 and increase the risks listed in the issues section of the report.

Sustainability Assessment:

•     Environment

Environmental issues have been a key consideration in Portion 1 of the AEP project and dGB are cognisant of the environmental requirements of the project moving forward into Portion 2.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

Council has previously secured the services of dGB through a competitive process and value for money has been established.  Resolving to move forward will contribute towards Council’s compliance with the Commonwealth Grant Funding Deed.

•     Economic – Broader Economic Implications

The construction and completion of the AEP will have significant positive economic implications for the LGA through stimulation of the construction industry and the longer term benefits of attracting businesses to the Coffs Coast.

•     Economic - Delivery Program/Operational Plan Implications

Detailed design costs are included within the adopted budget for the project.

Risk Analysis:

The risks for consideration in this decision pertain to establishing value for money outside a tender process, ensuring the quality of outcomes are not compromised and ameliorating the impacts of a significantly reduced project timeframe in relation to the Grant Funding Deed.  As mentioned in the ‘Issues’ section of the report, Council officers have undertaken a process to ensure value for money and there are no performance issues in relation to dGB.  The reduced project timeframes are a risk to the project and any protracted procurement process, for no perceived value or improved outcomes, will increase the likelihood that Council breaches its responsibilities under the Commonwealth Grant Funding Deed.  The resolution will assist in mitigating the risks associated with project timeframes.

Consultation:

Nil.

Related Policy, Precedents and / or Statutory Requirements:

Section 55(3) of the Local Government Act 1993 provides an exemption to the requirement to call tenders in the case of the following contracts:

 

(i)         a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders”

 

The ICAC Guidelines identify circumstances where it may be impossible to test the market or use a competitive process and one of those is an interface with an existing facility or product.  Hence the approach recommended is consistent with the guidelines.

 

Council has previously considered resolutions under S55(3)(i) and, on the basis of the information provided in this report, extenuating circumstances exist and a tender will not deliver the optimum outcome.

Implementation Date / Priority:

dGB is still actively working on finalising works in relation to detailed design for Portion 1 and are able to proceed to detailed design of Portion 2 immediately.

Conclusion:

A resolution of Council is required to progress the procurement of detailed design services for the Airport Enterprise Park through direct negotiation.  The resolution will assist in meeting the obligations of the Commonwealth Grant Funding Deed while still providing value for money and quality project outcomes.

 

 

 


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BS20/21       Coffs Harbour Yacht Club Ltd - Request for Financial Relief

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  BS20/21   Coffs Harbour Yacht Club - Request for Financial Relief

ATT2  BS20/21   CONFIDENTIAL Coffs Harbour Yacht Club 2019/20 Budget

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

ATT3  BS20/21   CONFIDENTIAL Coffs Harbour Yacht Club Financial Statements and Strategic Plan   

 

Executive Summary

The Coffs Harbour Yacht Club Ltd is requesting the Council to consider entering into a payment arrangement for an outstanding debt from the Yacht Club to the Council for past rent.  The Yacht Club has requested that they repay $11,000 over the next 11 months at a rate of $1,000 per month and for Council to write-off the remainder of the arrears of $9,939.82.

 

Over the past few years the Yacht Club has been making improvements to its operations to ensure it is financially stable and its budget forecasts for the remainder of the year shows that it is in surplus.  The Yacht Club is planning for a strong future at its current site and looks to provide a vibrant and social Club which is at the very heart of the community especially water based aquatic sports clubs.  The Yacht Club is an important facility being offered within a very important location within the City and its ongoing success provides a feeling of economic vibrancy throughout the City.

 

Recommendation:

That Council agree to the request of the Coffs Harbour Yacht Club Ltd to repay $11,000 over the next 11 months at a rate of $1,000 per month and write-off the remainder of the arrears of $9,939.82.

 

Report

Description of Item:

Council is in receipt of a request from the Coffs Harbour Yacht Club Ltd (CHYC) (Attachment 1) asking for a partial write-off of previous rent charged for the lease of the Yacht Club at the Jetty Foreshores Precinct.  The Yacht Club currently has arrears of $20,939.82.  The CHYC has been maintaining up to date their payment for a period of in excess of 12 months and now wishes to resolve the outstanding debt from three years ago.

 

The Yacht Club experienced some tough trading conditions during the 2017 year. During the 2017 year two major capital works programs were undertaken in the vicinity of the Yacht Club.  The first was the Crown Lands work on the Northern Break Wall, which was under construction for the whole of 2017 and the second was the Council upgrade of the Jetty Foreshores area from April until October 2017.

 

The CHYC has been proactive in trying to improve the financial performance of the organisation.  In March 2018 the Club sold the poker machines located in the club which assisted reduce the Club’s debts by $200,000.  For the 2019/20 financial year the CHYC is budgeted to be in surplus to the value of $49,789.11 (Attachment 2).

 

The CHYC is planning for a strong future at its current location and with a significant improvement in its financial performance over the past two years, it is looking at possible expansion into the future.  A Strategic Plan has been prepared for the Club for the period up to 2040 which demonstrates how the Club and its members see the CHYC growing and prospering into the future (Attachment 3).

 

As a starting step on the way to fulfilling the Strategic Plan, the CHYC has requested that they enter into a payment arrangement with the Council with regards to the outstanding debt of $20,939.82, whereby they pay an amount of $1,000 per month for the next 11 months and the Council writes-off the remaining $9,939.82.

Issues:

The CHYC lease is due to expire 30 June 2022.  The CHYC has been requesting a lease renewal; however, this has been put on pause pending a review of the Plan of Management for the Jetty Foreshore Reserve and the future of the whole Jetty Foreshore Precinct.  This short tenure has inhibited the ability to source an external restaurant provider and therefore the club has brought this function in house which has significantly increased the club’s turnover.

 

The CHYC continues to meet its current lease obligations and future budget estimates for the club show a surplus.  Should the Council wish to assist the club in their request it should be noted that this is for a one off purpose due to difficult trading conditions experienced by the club in 2017 and should not be seen as setting a precedent for any future requests by the club or other organisations in the community.  Each request to Council for such assistance is based on the individual merits of each request.

Options:

The options available to Council to consider in relation to this report are:

 

1.    Adopting the recommendation and to grant the request to the CHYC and write off the remainder of the debt totalling $9,939.82.

2.    Consider amending the recommendation with a view to establishing an alternate approach to supporting the request submitted by the CHYC.

3.    Deny the request of the CHYC and advise the club the debt remains outstanding and will need to be repaid in due course.

Sustainability Assessment:

•     Environment

There are no direct environmental impacts as a result of Council’s consideration of this report.

•     Social

The CHYC has been in place for many years and is a well patronised club within Coffs Harbour.  It provides a social meeting place for many in the community and offers a base for sailing activities.

•     Civic Leadership

Progressing the CHYC request would support the objective of the MyCoffs Community Strategic Plan: “A.1 A vibrant, inclusive place – we recognise the need for enhanced cultural precincts, venues and public art within our region”.

•     Economic – Broader Economic Implications

The CHYC is a well known establishment within the City and is patronised by locals and tourists alike.  To have a successful operation continue within the current location is good for the economic vibrancy of the City.

•     Economic - Delivery Program/Operational Plan Implications

The write-off of $9,939.82 will have a detrimental impact on Council’s operating statement with an increase in Bad Debt Expense.  However, this is manageable within Council’s overall budget.

Risk Analysis:

There is a risk that writing off the debt could raise a precedent for the Council; however, there is also a certain risk that should assistance not be granted it may impact the financial sustainability of the CHYC and its future development.

Consultation:

Consultation has occurred with the CHYC.

Related Policy, Precedents and / or Statutory Requirements:

Council does not usually write-off debts for parties who are maintaining a current lease or licence arrangement.  However, the circumstances around the accumulation of the arrears by the CHYC are somewhat unique and not completely within their control.

Implementation Date / Priority:

Immediately.

Conclusion:

The CHYC has requested financial assistance from Council by entering into a payment arrangement with the club to bring their outstanding debt back into currency.  The request sees the club provide 11, $1,000 payments over the next 11 months and Council write-off $9,939.82.  It is considered that given the budget forecasts and the tough economic trading conditions which gave arise to the debt in 2017, it is reasonable for the Council to consider the request favourably.

 

 

 


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SC20/08       Update to Flood Mapping Datasets - Post Exhibition

Author:                        Senior Waterway Engineer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/08   CONFIDENTIAL Submission

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

Council at its Ordinary Meeting of 14 November 2019 resolved to endorse the draft updated Flood Mapping Datasets and place them on public exhibition for a minimum period of 28 days. The updated Flood Mapping Datasets were placed on public exhibition via Council’s online mapping system and was open to submissions from 4 December 2019 until 3 January 2020. One submission was received during the exhibition period.

Council’s online mapping system available to the public hosts a range of mapping information, including the 100 year Average Recurrence Interval (ARI) flood extent, the flood planning level area, and indicative flood areas. The flood mapping layers are an ever evolving dataset as new models are developed, existing models are revised and improved, and catchments change with new development and flood mitigation work.  As Council receives more up to date, accurate information from new flood studies and various other sources, it is imperative that this information is reflected on Council’s online mapping system.

This report recommends that Council endorse the updated Flood Mapping Datasets and subsequently make them available on Council’s online mapping system.

 

Recommendation:

That Council:

1.       Endorse the updated Flood Mapping Datasets and make them available on Council’s online mapping system.

2.       Advise persons who made a submission on the updated Flood Mapping Datasets of Council’s decision.

 

Report

Description of Item:

At Council’s Ordinary Meeting of 14 November 2019, it was resolved:

That Council:

1.   Endorse the draft updated Flood Mapping Datasets and place them on public exhibition for a minimum period of 28 days.

2.   Note that a further report will be brought back to Council for consideration following the public exhibition.

In accordance with item 1 of that resolution, the updated Flood Mapping Datasets were placed on public exhibition via Council’s online mapping tool and was open to submissions from 4 December 2019 until 3 January 2020. One submission was received during the exhibition period.

This report brings the updated Flood Mapping Datasets back to Council for final endorsement following public exhibition, in accordance with the resolution. No amendments were made to the exhibited Flood Mapping Datasets in response to the submission received during the exhibition period. A single small amendment was made to the exhibited Flood Mapping Datasets to fix an area that was erroneously included in the Flood Planning Level Area layer along Jordans Creek and Pine Brush Creek.

Council does not have a detailed flood assessment of every part of every catchment.  The dataset is a compilation of the best available flood information that Council has at present, and will be amended and improved over time.

Issues:

At the conclusion of the public exhibition period, one public submission was received, raising a number of issues, which can be grouped generally into the following two themes:

·    Implications on development

The updated mapping does not preclude development in relation to flooding. For the allotments of concern in the submission, the existing adopted flood mapping shows these areas as within the indicative flooding extent. The indicative flooding extent is primarily designed to identity flood prone land in areas that do not have detailed flood studies.

Development on these allotments will be required to meet the flood related clauses in Coffs Harbour Local Environmental Plan (LEP) 2013 and Development Control Plan (DCP) 2015, in both the current flood mapping datasets and the updated datasets. Typically, Council’s best available flood information will be used to set development controls on small scale development where a flood study is not required, however depending on the type of development proposed, further detailed flood assessment may be required. This is normally the case for any significant development or where rezoning is proposed in flood prone areas, particularly those that are covered by the indicative flooding extent as more accuracy may be required.

·    Quality of the flood mapping

Council looks to utilise the best available information at the time when assessing flood risk and setting flood related planning controls. The flood mapping layers are an ever evolving dataset as new models are developed, existing models are revised and improved, and catchments change with new development and flood mitigation work.

The flood extents displayed on Council’s online mapping system are in place to allow the public to understand where flood prone areas exist in a 100 year ARI flood event, and to show areas that are covered by the flood planning constraints. The extents shown do not attempt to display specific flood levels for this event or for flood planning level requirements, and do not take into consideration property or building floor levels. It cannot be assumed from the flood extent layers that a property is flooded above floor level. A flood certificate can be requested from Council to provide more specific details of the flood levels on individual lots where information is available.

Areas affected by indicative flooding have generally been determined through ‘1st pass’ flood modelling. This ‘1st pass’ flood modelling is a preliminary assessment of flooding, it is not a detailed flood study and does not truly represent the 1% Annual Exceedance Probability (AEP) (1 in 100 year ARI) flood level; however it does indicate that Council is confident that this area is flood affected.

Some indicative flood areas may also come from flood modelling submitted to Council that has not been thoroughly quality controlled and accepted as yet, however these are deemed to still be flood prone. This is the case with one of the areas in question in the submission that now has better information than the ‘1st pass’ flood modelling. The results have recently been verified against another flood study for the site, and correlate quite well.

As Council receives more up to date, accurate information from new flood studies, and various other sources, it is imperative that this information is reflected on Council’s online mapping system. The updated Flood Mapping Datasets include model information with more accurate terrain data, rainfall data and computer modelling techniques, hence increasing the accuracy in the datasets.

No amendments were made to the exhibited Flood Mapping Datasets in response to the submission received.

Options:

1.   Accept the recommendations of this report to endorse the updated Flood Mapping Datasets.

2.   Reject the recommendations provided in this report. This would mean that outdated flood information will be available to the public via Council’s online mapping system.

This report recommends that Council undertake Option 1 as outlined.

Sustainability Assessment:

•     Environment

Flood events, large and small, are natural occurrences.  Development of the floodplain can alter flooding behaviour, as can flood mitigation measures. As this occurs over time, mapping needs to be updated to incorporate the latest information.

•     Social

Large flood events can have a huge impact on the local community and on individuals affected by flooding.  The 1996 event in Coffs Harbour was declared a natural disaster, with approximately 260 residential homes and 200 commercial buildings flooded. Events this large and destructive are very disruptive, with people’s dwellings and personal belongings destroyed or damaged. Local businesses also suffer direct losses from the destruction or damage to work places and stock, plus a loss of trade. Up to date and accurate flood information is very important so that the community is informed of possible flood risk, and that appropriate controls are placed on development in flood prone areas.

•     Civic Leadership

Under the NSW Flood Prone Land Policy, the management of flood prone land is primarily the responsibility of local councils.  Having up to date flood data and information integrated into the planning processes and available to the public helps to deliver on this responsibility.

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.

Updating the Flood Mapping Datasets assists in facilitating measures for quality built form and public realm outcomes in accordance with the community aspirations.

•     Economic – Broader Economic Implications

Flooding can have a very large impact on the local economy with many varied economic implications. The 1996 flood event in Coffs Harbour had an estimated damages bill of over $30 million. State wide, flooding causes the most damage annually of all the natural disasters.  Having up to date and accurate flood information available for flood planning processes is part of the framework for controlling flood impacts on the community.

•     Economic - Delivery Program/Operational Plan Implications

On-going maintenance of the flood data and mapping is absorbed in Council’s operational budget.

Risk Analysis:

Council receives indemnity, in relation to flood advice given and actions done, under the provisions of Section 733 of the Local Government Act 1993. This is provided it has followed the guidelines of the NSW Government's Manual in developing, adopting and implementing Floodplain Risk Management Plans, and has acted in good faith. Council’s Floodplain Risk Management Plans and studies have been prepared following the guidelines. The updated Flood Mapping Datasets includes model information with more accurate terrain data, rainfall data and computer modelling techniques, hence increasing the accuracy in the dataset.

Consultation:

Planning staff worked closely with corporate Geographical Information Systems (GIS) staff to facilitate the update to the flood information to make it suitable for use in the online mapping system.

Council endorsed the draft updated Flood Mapping Datasets for public exhibition at its meeting on 14 November 2019. The public exhibition ran from the 4 December 2019 until 3 January 2020. One submission was received during the exhibition period.

Related Policy, Precedents and / or Statutory Requirements:

A previous resolution by Council (No. 327) from 12 December 2013 resolved that: ‘In recognising the evolving nature of the Flood Mapping GIS dataset, that further reports will be referred to Council when there is updated flood information affecting individual lots within the local government area’.

Component E4 of Coffs Harbour Development Controls Plan 2015 addresses flooding.  It applies to proposed development on any land that is potentially flood prone.  Development of flood prone lands is to be undertaken in accordance with Council’s Floodplain Development and Management Policy.

Implementation Date / Priority:

In the event that Council endorses the updated Flood Mapping Datasets, the existing layers on Council’s online mapping tool will be updated within a week.

Conclusion:

Council’s online mapping system available to the public hosts a range of mapping information, including the 100 year ARI flood extent, the flood planning level area, indicative flood areas, and 100 year ARI flood depths from Council’s flood studies.  The flood mapping layers are an ever evolving dataset as new models are developed, existing models are revised and improved, and catchments change with new development and flood mitigation work.  As Council receives more up to date, accurate information from new flood studies, and various other sources, it is imperative that this information is reflected on Council’s online mapping system.

The report recommends Council endorse the updated Flood Mapping Datasets and subsequently update them on Council’s online mapping system.

 


SC20/09       Review of Renewable Energy and Emissions Reduction Plan

Author:                        Section Leader Community Planning & Performance (Acting)

Authoriser:                  Director Sustainable Communities

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

Attachments:              Nil

 

Executive Summary

The report details information on the progress towards Council’s renewable and emissions reduction targets, the implementation of the Renewable Energy and Emissions Reduction Plan (REERP) and other measures adopted by Council to reduce the impact of global warming within the local government area.  A review of the Climate Change Policy and the potential impacts of Sulphur Hexafluoride (SF6) has also been undertaken.

Council adopted the REERP in 2016 as a blueprint for actions to meet Council’s corporate Renewable Energy and Emissions Reduction Targets.  The first phase of the REERP is now close to completion and a review of the plan for the second phase over the next 10 years is now required. This is a substantial project that will require specialist consultancy expertise with an understanding of Australia’s rapidly changing energy market and the likely opportunities for Council. 

 

Recommendation:

That Council:

1.   Undertake a review of the Renewable Energy and Emissions Reduction Plan, which will include:

1.1. An assessment of the environmental and cost effectiveness of using offsets or green power to meet 2020 energy and emissions targets.

1.2. The development of updated plans for meeting 2025 and 2030 renewable energy and emissions reduction targets.

1.3. An assessment of the feasibility and timeline for a net zero emissions target.

1.4. Exploring options for supporting the community to reduce emissions with a view to setting community emissions reduction targets to complement Council’s corporate emissions targets.

1.5. Other measures as appropriate

2.   Consider the allocation of $60,000 in the 2020/21 financial year for project management and consultancy costs associated with a review of the Renewable Energy and Emissions Reduction Plan.

 

Report

Description of Item:

This report responds to a resolution which was adopted by Council at its meeting of 10 October 2019, where it was resolved:

1.      Coffs Harbour City Council pursues and activates measures within its control to reduce global warming and, in doing so, acknowledges global warming as an issue to be addressed on a local, as well as global, scale.

2.      Council review its current Climate Change Policy and provide the Councillors with a briefing including on the impacts for Sulphur Hexafluoride (SF6).

3.      Receive a report detailing Council’s progress towards meeting its 2020 targets for emissions reduction and renewable power.

4.      Receive a report outlining options for accelerating the CHCC Renewable Energy and Emissions Reduction Plan (REERP).

Accordingly, a Councillor Briefing was held on 11 February 2020 in response to the above resolution and the briefing also included the options for the establishment of a Sustainability Advisory Committee.

Issues:

·    Climate Change Policy

Council’s Climate Change Policy, adopted in September 2017, is a high level document acknowledging the impacts of climate change and outlining areas for Council to act to address its own emissions and to help the community to reduce emissions and adapt to the impacts of climate change.

Council’s Climate Change Policy continues to fulfil its function to direct council’s consideration of climate impacts and to provide a framework for further action.

Council’s implementation of this policy is primarily through the Renewable Energy and Emissions Reduction Plan (REERP).  While this comprehensively addresses corporate emissions, Council does not currently have a comprehensive plan for supporting the community to reduce their greenhouse emissions. 

Community emissions profiles have now been developed for all NSW and Victorian Local Government Areas (LGAs) by Ironbark Sustainability.  The profile developed for the Coffs Harbour LGA suggests that collectively our community emits about 1 million tonnes of greenhouse gas emissions per year, mostly from electricity and transport.  In response to these profiles, approximately 40% of Councils have now set targets for reducing community emissions to complement their corporate emissions targets. 

Council currently provides broad community Sustainable Living Programs part funded through a 3-year Environmental Levy grant and other Waste and Water Use Education programs which include information on how to reduce climate impacts. However, there are a range of options for supporting and incentivising action by residents and businesses which could be designed to address the Coffs Harbours LGA community emissions profile. These could include support for community solar via a bulk purchasing scheme, retrofitting of buildings, and providing support and infrastructure for people to transition away from fossil fuel powered transport and towards walking, cycling and electric vehicles.

It is noted that the policy does include the adoption of a sea level rise benchmark of 91cm above 1990 mean sea levels by 2100, which may now be dated. However, this figure will be reviewed as part of the upcoming review of Coastal Management Programs, which is a more appropriate context for that consideration.

In conclusion, it is recommended that Council explore options for supporting the community to reduce emissions with a view to setting community emissions reduction targets to complement Council’s corporate emissions targets.

·    Sulphur Hexafluoride (SF6)

Sulphur Hexafluoride or SF6 is a colourless, odourless, non-flammable gas that is used in a range of industrial and military purposes. It is also a greenhouse gas estimated to be 23,500 times more warming than carbon. Given it is a rare and expensive gas it is estimated to be the cause of less the 0.1% of the greenhouse effect.

SF6 is deemed to be indispensable in electric power equipment and advantageous on a total life cycle environmental impact analysis. Its use is governed by Australian Standard 62271.4:2015.

It has very high insulating and arc extinguishing properties, so it is widely used as an insulator in high voltage (HV) electrical switchgear for electrical systems based on both renewable and non-renewable generation technology.  When used as an electrical insulator, it is contained in a confined space in the switchgear and does not leak under normal conditions as that would mean loss of electrical insulation. Leakage potential is therefore monitored carefully. 

Implications for Coffs Harbour City Council

The renewable energy systems installed to date by Coffs Harbour City Council are all implemented using low voltage connections. Thus, there is no HV switchgear or SF6 being used in the current project.

If Coffs Harbour City Council does explore developing a large scale renewable generation project, as canvassed by the REERP, SF6 is likely to be used. Further consideration to issues with SF6 could be given then, but as noted above, it would be used in a sealed, confined space in accordance with Australian standards and pose minimal climate risk.

·    Progress on 2020 Targets

Council has undertaken various projects to reduce emissions and switch to renewable energy most notably changing street lights to LED lights, and the current installation of solar panels across 16 Council sites. Solar installations are largely complete on 10 sites, with the remainder expected to be complete by the end of the financial year. This project alone is estimated to lift Council’s use of renewable energy from 2% to 20%.

However, measures to date are not expected to be sufficient to meet the 2020 targets:

2020 Targets

2020 Projections

25% Renewable energy by 2020

~20% by 2020

25% Emissions reduction by 2020

(on 2010 levels)

~18% by 2020

Council could choose to purchase sufficient carbon offsets and/or green power in order to meet the targets, however, this is likely to come at a cost of $40,000-$80,000 per year. Alternatively, Council could plan to invest in further measures towards future targets while acknowledging the failure to meet the interim 2020 targets. The value of offsets and green power and options available to Council should be considered as part of the proposed review of the REERP.

It is recommended that an assessment of the effectiveness and worth of using offsets or green power to meet energy and emissions targets be included in the upcoming proposed REERP review.

·    Reviewing and accelerating the Renewable Energy and Emissions Reduction Plan

Adopted in 2016, the REERP sets out three 5 year plans for meeting Council’s Renewable Energy and Emissions Reductions Targets:

Renewable Energy

Reducing greenhouse gas emissions

(from 2010 levels)

25% by 2020

50% by 2025

100% by 2030

by 25% by 2020

by 50% by 2025

 

The REERP is scheduled to be reviewed in 2020, as Council transitions from the first 5-year plan to the second phase. This is a substantial project that will require specialist consultancy expertise with an understanding of the rapidly changing context of Australia’s energy market and the likely opportunities for Council.

Key measures to be considered include (not exhaustive):

-     Power Purchase Agreements (PPAs)

-     Large-scale solar generation

-     Waste to energy

-     Anaerobic sludge digestion

-     Electric vehicles for Council fleet

-     Carbon sequestration

-     Street tree replacement

-     Measuring and reducing the impact of flights taken for Council business

With the review of the REERP scheduled for 2020, further acceleration is difficult due to the timescales, size and complexity of the projects involved and Council’s organisational capacity. It is therefore likely more beneficial to consider setting further goals. 

The proposed review of the REERP is presently unfunded although a project has been scoped and put forward for consideration in the 2020/21 budget deliberation process.

Currently Council has committed to reducing emissions to 50% of 2010 levels. In contrast nearly 60% of councils have now set net zero emissions targets.

It is proposed than an external review of the REERP should include:

-     The development of updated plans for meeting 2025 and 2030 renewable energy and emissions reduction targets.

-     An assessment of the feasibility and timeline for a zero emissions target.

-     Exploring options for supporting the community to reduce emissions with a view to setting community emissions reduction targets to complement Council’s corporate emissions target.

-     Other measures as appropriate.

Options:

There are two options that may be considered by Council:

1.   Adopt the recommendation to progress a review of the REERP to assess options and develop recommended plans for future action and measures.

2.   Reject the recommendation leaving future action without a clear plan or review of opportunities.

Sustainability Assessment:

•     Environment

Council’s Climate Change Policy commits Council to:

2.2.1    Reducing our greenhouse gas emissions through adopted targets (see above) and the implementation of the Renewable Energy and Emissions Reduction Plan (REERP).

The proposed recommendation ensures maximum environmental benefit by enabling Council to update the plan for the next 10 years.

•     Social

There are no direct social implications associated with the recommendations in this report.

•     Civic Leadership

Council’s Climate Change Policy commits Council to:

2.2.4 Leading, encouraging and working with our community to reduce their greenhouse gas emissions.

The proposed recommendation will include an examination of measures to support the community to reduce their greenhouse gas emissions.

•     Economic – Broader Economic Implications

There are no broad economic implications associated with the recommendations in this report.

•     Economic - Delivery Program/Operational Plan Implications

The proposed recommendation includes an allocation of $60,000 for an external review of the REERP by specialist consultancy experts and project management.  This investment in a thorough planning process for projects that are likely to require more substantial investment but are likely to provide cost savings over the long term if action is planned and executed in a timely manner.

Risk Analysis:

Council risks not meeting community expectations for action on climate change if it does not maintain momentum towards the targets it has set.

Furthermore, there is a risk of actions under the REERP stalling or becoming ad hoc if Council does not refresh the plan for the second implementation phase. Council may also appear a slow adopter amongst similar councils if it does not set targets for reducing community emissions or for net zero corporate emissions.

Consultation:

The need and schedule for the proposed review of the REERP has been discussed and endorsed by Council’s internal Renewable Energy Committee. The potential scope of the review has also been discussed with relevant internal staff.

Related Policy, Precedents and / or Statutory Requirements:

-     CHCC Climate Change Policy – adopted 14 September 2017

-     CHCC Sustainability Policy – adopted 14 September 2017

-     CHCC Renewable Energy & Emissions Reduction Plan – adopted April 2016

Implementation Date / Priority:

The REERP review is scheduled to be completed in 2020 and the project to commence when resources are allocated.

Conclusion:

The REERP is due for review and requires significant consultancy specialist expertise and project management to complete.  It is timely to assess as part of this project the potential and options for Council to move to net zero corporate emissions and review potential complementary measures to address community emissions.

 


SC20/10       Establishment of a Sustainability Advisory Committee

Author:                        Section Leader Community Planning & Performance

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/10   Draft Sustainability Advisory Committee Terms of Reference  

 

Executive Summary

Council resolved on 6 December 2018 to call for draft terms of reference for the establishment of a Sustainability Advisory Committee.

A Sustainability Advisory Committee is a valuable opportunity to engage community and stakeholder expertise and expectations on sustainability projects.

It is recommended to implement and resource a committee that will address specific up-coming projects, centred on renewable energy and emissions reduction.

 

Recommendation:

That Council:

1.       Establish a Sustainability Advisory Committee and endorse the attached draft Terms of Reference.

2.       Consider the allocation of $30,000 for additional resources to support the operation of the Sustainability Advisory Committee in the 2020/2021 Operational Plan and Budget.

 

Report

Description of Item:

At its meeting of 6 December 2018, Council considered a report on the establishment of a sustainable advisory committee. At this meeting, it was resolved:

That staff prepare draft terms of reference for a Sustainability Advisory Committee, with the understanding that the Committee’s role would be provision of advice and feedback on key Council actions arising from the Sustainability Policy, the Biodiversity Action Strategy and the Renewable Energy and Emissions Reduction Plan.

Issues:

Scope of the Committee

Sustainability is a priority issued for Council and recognised by the organisation as being relevant to all operational areas, and this is clearly articulated by Council’s adopted Sustainability Policy.

There is a risk that implementing a broad-based Sustainability Advisory Committee could be a very resource intensive undertaking due to the wide scope of potential sustainability issues and opportunities that the Committee will be required to be across, progress and advise on.

Accordingly, to make the best use of committee members’ and staff time, it is recommended that this committee be constituted with a specific focus on a clear task and specific projects, centred on renewable energy and emissions reduction.  Under this approach, the committee may meet more frequently at key points and then less frequently at other times, rather than on a monthly or bi-monthly basis. It is acknowledged that committees often work best where there is a clear and defined purpose.

There are examples where other Local Government Areas (LGA) have developed sustainability advisory committees or similar.

Some Councils have separated biodiversity and climate issues from sustainability, while some have considered sustainability in its broadest context.  Chosen representation on these committees is also varied.

It is recommended that Council’s Sustainability Advisory Committee be focussed towards the following upcoming projects that would particularly benefit from community and stakeholder input:

-     The review of the Renewable Energy & Emissions Reduction Plan.

-     Developing community emissions reduction targets and measures to achieve them.

-     Advise on policy development on broad sustainability issues.

The draft Terms of Reference recommends membership consisting of:

a)   One Councillor

b)   Four community members

c)   Two community organisations

Strategic Context

This report should be considered in conjunction with the resolution of Council at its meeting of 10 October 2019, where it resolved that:

1.    Coffs Harbour City Council pursues and activates measures within its control to reduce global warming and, in doing so, acknowledges global warming as an issue to be addressed on a local, as well as global scale.

2.    Council review its current Climate Change Policy and provide the Councillors with a briefing including on the impacts for Sulphur Hexafluoride (SF6).

3.    Receive a report detailing Council’s progress towards meeting its 2020 targets for emission reduction and renewable power.

4.    Receive a report outlining options for accelerating the CHCC Renewable Energy and Emissions Reduction Plan (REERP).

A Councillor briefing was held on 11 February 2020 in response to the above resolution which also included the options for a Sustainability Advisory Committee.

Options:

There are two principal options that may be considered by Council:

1.   Adopt the recommendations to endorse and fund the proposed Sustainability Advisory Committee.

2.   Take no further action.

Sustainability Assessment:

•     Environment

A Sustainability Advisory Committee enables Council to draw on community and stakeholder expertise to most effectively address a range of environmental issues.

•     Social

There are no direct social issues impacted by the recommendation in this report.

•     Civic Leadership

Council’s Community Participation and Engagement Plan commits Council to ‘engaging with the community on planning and decisions that may affect you [community] and recognises that community participation and engagement is a valuable process in local government decision-making’.

A Sustainability Advisory Committee opens a new avenue for increasing levels of engagement with community members and stakeholders and draws on their passion and expertise for environmental sustainability.

•     Economic – Broader Economic Implications

There are no broad economic implications associated with the recommendations in this report.

•     Economic - Delivery Program/Operational Plan Implications

Coordination of a Sustainability Advisory Committee is not identified in Council’s Delivery Program or Operational Plan and as such is not resourced.

It is anticipated that creation of an s355 advisory committee would require additional resources to support coordination of the committee, issue management, and recruitment and selection of membership. 

This may need to be supplemented by the participation of staff subject matter experts should the committee involve topics within their expertise.  This does not include scoping and/or resourcing of any initiatives proposed by the committee where it is not within existing work plans.  There is also the opportunity cost involved i.e. the initiatives that the staff cannot undertake due to commitments regarding participation in the committee.

While this committee may meet intensely at times and less often at other times, it is estimated that the average additional time required for a staff member to fully co-ordinate the Committee and related stakeholder engagement is around 1 day/week, which equates to a cost of $30,000.  This can be resourced by providing additional funds to support the newly established committee, or alternatively, funds redirected by scaling back or ceasing another existing advisory committee(s).

Risk Analysis:

The scope of any committee needs to be clearly defined to ensure that members are clear on their role and purpose.

Consultation:

The proposed approach has been discussed with relevant Council staff working on sustainable living programs, waste and biodiversity and is supported.

Related Policy, Precedents and / or Statutory Requirements:

-     CHCC Sustainability Policy – adopted 14 September 2017

-     CHCC Climate Change Policy – adopted 14 September 2017

-     CHCC Renewable Energy & Emissions Reduction Plan – adopted April 2016

-     CHCC Community Participation and Engagement Plan – adopted 12 December 2019

Implementation Date / Priority:

It is proposed to implement a Sustainability Advisory Committee in 2020/2021 to coincide with the planned review of the Renewable Energy and Emissions Reduction Plan.

Conclusion:

A Sustainability Advisory Committee is a valuable opportunity to engage community and stakeholder expertise and expectations on sustainability projects.

It is recommended to implement and resource a committee that will address specific up-coming projects, centred on renewable energy and emissions reduction.

 


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SC20/11       Development Application No. 0160/19 - Restaurant (Expansion of Dining Areas) - Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen

Author:                        Development Assessment Officer - Senior

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/11   Development Application No. 0160/19 - S4.15 Evaluation Report

ATT2  SC20/11   Development Application No. 0160/19 - Plans

ATT3  SC20/11   CONFIDENTIAL Development Application No. 0160/19 - 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.

ATT4  SC20/11   Development Application No.0160/19 - Possible Conditions of Consent  

        

 

 

Executive Summary

This report provides an assessment of Development Application No. 0160/19 for a Restaurant (expansion of dining areas) at Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen.

At its meeting of 21 September 2019, Council resolved the following:

That Council bring Development Application 0160/19 DA relating to Two Tails Winery at Nana Glen to full council for determination upon completion of assessment.

The development application was subsequently considered by Council at its meeting of 27 February 2020, where it resolved the following:

That Council defer consideration of Development Application 0160/19 pending a further report that will propose draft consent conditions to be considered as part of a further determination.

Accordingly, possible conditions of consent have now been prepared (Attachment 4).

The development application is reported to Council for determination.

 

Recommendation:

That Council:

1.   Refuse Development Application No. 0160/19 for a Restaurant (expansion of dining areas) at Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen on the following grounds:

1.1. On consideration of the likely impacts of the development (as required by S4.15 of the Environmental Panning and Assessment Act) the development is likely to result in unacceptable noise impacts in the locality.

1.2. With regard to the objectives of the RU2 Rural Landscape zone (as required by Clause 2.3 of Coffs Harbour Local Environmental Plan 2013) the development as proposed is not compatible with residential uses in the locality.

1.3. It is not in the public interest having regard to matters raised in public submissions.

2.   Advise persons who made a submission on Development Application No. 0160/19 of Council’s decision.

 

REPORT:

Applicant:

Madonna Bannerman

Land:

Lot 9 DP 134701 & Lot 10 DP 134701, 963 Orara Way, Nana Glen

Zone:

RU2 Rural Landscape

Description:

Restaurant (expansion of dining areas)

Description of Item:

•     The Site

The development site consists of two land parcels, as shown below. The site adjoins a Council controlled road reserve to the south. Existing rural residential development and rural activities surrounds the site to north, east, south and west. A childcare centre is located to the east across Orara Way. The site has direct frontage to Orara Way.

•     The Development

Background:

In February 2017, Council approved a ‘restaurant (change of use from cellar door premises, including alterations)’ under Development Consent No. 0444/17. This development consent approved a twenty (20) seat restaurant, including a deck addition with all seating limited to inside the main restaurant building. The consent also required the construction of a car parking area and associated manoeuvring, to be accessed via an entry point off Orara Way. These requirements have not yet been constructed on the site.

It is noted that there are a number of currently unauthorised activities occurring on site which the subject development application, in part, seeks to address.

Proposed Development:

The proposed development seeks to expand the restaurant dining areas, involving the use of the existing deck (for seating) and the use of two grassed areas adjoining the existing restaurant and vineyard. These areas are shown on the plans provided in Attachment 2.

The deck area is 90m2 in size and is proposed to accommodate 40 people at full capacity. The grassed area adjoining the restaurant building is 460m2 in size and is proposed to accommodate 90 people at full capacity. The grassed area adjoining the vineyard is 90m2 in size and is proposed to accommodate 90 people at capacity.

The expanded dining areas are proposed to operate during the following hours:

-     Deck: 8am to 10pm, everyday;

-     Grassed area adjoining restaurant building: 9am to 6pm, Saturday and Sunday; and

-     Grassed area adjoining the vineyard: 11am to 4:30pm, 3 occasions per year.

It is proposed that not all dining areas be used at the same time, however, it is unclear from submitted information how this would be managed.

The development proposes an additional 26 car parking spaces adjoining the site frontage, which are proposed to be accessed off an upgraded driveway to Orara Way. These spaces would be in addition to the 6 spaces associated with Development Consent No.0444/17 thereby providing for a total of 32 spaces on the site.

It should be noted that a deemed refusal appeal has been lodged with the NSW Land and Environment Court on 29 January 2020.

Issues:

The main assessment issues for the proposed development are:

-     Amenity impacts – noise and privacy

-     On-site effluent disposal

-     Traffic and car parking impacts 

-     Economic benefits

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

The development application was previously considered by Council at its meeting of 27 February 2020, where it resolved the following:

That Council defer consideration of Development Application 0160/19 pending a further report that will propose draft consent conditions to be considered as part of a further determination.

Accordingly, possible conditions of consent have now been prepared (Attachment 4). It is noted that these possible conditions of consent have been prepared based on the information that has been submitted by the applicant and the evaluation that has been undertaken. The possible conditions of consent contained in Attachment 4 to this report do not provide certainty in relation to the mitigation and management of potential acoustic impacts in the locality.

Options:

1.   Adopt the recommendation thereby refusing the application, for the reasons provided in Attachment 1.

2.   Approve the application, subject to conditions outlined in Attachment 4.

This report recommends that the application be refused.

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 would be expected to result in positive economic benefits and would be significant in the Orara Valley locality.

•     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 refusal of the development application as recommended, does not pose a significant risk to Council.

Consultation:

The application was notified to adjoining landowners for a period of 14 days in accordance with the provisions of the Plan. Following the receipt of additional information, the application was re-notified for a further 14 days.  Following the public exhibition periods, 12 submissions were received.

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

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

-    Environmental Planning and Assessment 1979

-    Environmental Planning and Assessment Regulation 2000

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

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

Implementation Date / Priority:

In the event that Council adopts the recommendation, a formal notice of determination will be issued for the development application. The applicant has a right of appeal under Section 8.2 of the Environmental Planning and Assessment Act 1979.

Conclusion:

A comprehensive assessment of the application has been undertaken in accordance with all statutory requirements and it is recommended that the application be refused for the reasons provided in Attachment 1.

 


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SI20/07         Coastal Works Commercial Bids

Author:                        Group Leader Asset Construction and Maintenance

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              Nil

 

Executive Summary

A response to an external agency tender by a Council commercial business unit is in essence a “binding bid” in that it binds the business unit to enter a contract for the tendered works if the business unit’s tender submission is ultimately accepted as the winning bid by the external agency.

Council’s policy requires that contracts with a value exceeding $250,000 are reported to Council for adoption prior to execution. Therefore, commercial bids exceeding $250,000 from any of Council’s commercial units are also required to be reported to Council prior to it being submitted to an external agency.

The purpose of this report is to request that Council authorises the release of Commercial Bids from Council’s Coastal Works Business Unit in response to two (2) known tender opportunities issued by external agencies.

 

Recommendation:

That Council authorises the release of the following Tender Responses from Council’s Coastal Works Commercial Business Unit:

1.       Client Nambucca Shire Council – Tender T005/2020 – Tender for Construction of Park Infrastructure, V Wall Precinct Upgrade;

2.       Client National Parks and Wildlife Services (NPWS) – Contact SR2202113983 – Tender for Construction of Pedestrian Bridge over Mopra.

 

Report

Description of Item:

The following commercial opportunities require the submission of bids from Council’s Coastal Works business unit:

 

Tender #

Description

Client

Approx. Tender Value

Closing Date

Comments

Tender T005/2020

Construction of Park Infrastructure

Nambucca Shire Council

Expected contract value exceeds $250,000

26.03.2020

V Wall Precinct Upgrade

Contract

SR2202113983

Construction of Pedestrian Bridge

National Parks and Wildlife Services

Expected contract value exceeds $250,000

1.04.2020

Pedestrian Bridge over Mopra

 

Issues:

Ensuring the timeliness of the Coastal Works commercial bid process prior to tender closing dates.

Options:

1.   Adopt the recommendation.

2.   Forego the potential of external commercial revenue.

Sustainability Assessment:

•     Environment

There are no environmental issues arising from this report.

•     Social

There are no social issues arising from this report.

•     Civic Leadership

The recommended action is in line with Council’s resolved position and policy on commercial activities and contracts.

•     Economic – Broader Economic Implications

Council’s Long Term Financial Plan is predicated on a flow of non-rates revenue from its five commercial business units.

•     Economic - Delivery Program/Operational Plan Implications

The level of expenditure committed to in Council’s current Delivery Program is predicated on a stream of commercial revenue from Council’s commercial business units.

Risk Analysis:

Coastal Works operates a commercial risk reserve.

Consultation:

All internal stakeholders have been consulted.

Related Policy, Precedents and / or Statutory Requirements:

Coastal Works Commercial policy and practice.

Implementation Date / Priority:

Immediate upon resolution.

Conclusion:

Significant commercial revenue opportunities may be detrimentally impacted due to the inability of Coastal Works to submit commercial bids in response to opportunities tendered by external clients.

This potential risk can be mitigated in the short term by adoption of the Recommendation.