coffs harbour city council ordinary meeting council ... · (d) commercial information of a...

COFFS HARBOUR CITY COUNCIL

ORDINARY MEETING

COUNCIL CHAMBERS

COUNCIL ADMINISTRATION BUILDING

COFF AND CASTLE STREETS, COFFS HARBOUR

25 NOVEMBER 2010

Contents

ITEM DESCRIPTION PAGE

GENERAL MANAGER’S REPORT 1

GM10/18 2009/2010 ANNUAL REPORT AND 2009/2010 SUPPLEMENTARY STATE OF THE ENVIRONMENT REPORT

1

GM10/19 QUARTERLY OPERATIONAL PLAN REPORTING FOR QUARTER ENDED 30 SEPTEMBER 2010

6

CORPORATE BUSINESS DEPARTMENT REPORTS 10

CB10/59 BANK BALANCES AND INVESTMENTS FOR JULY 2010 10

CB10/60 PROPOSED YOUTH/SPORT/COMMUNITY CENTRE AT WOOLGOOLGA

22

CB10/61 STATE EMERGENCY SERVICE - LONG TERM SITE ALLOCATION 28

CB10/62 POLICIES 34

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Sticky Note

Minutes for this meeting will be confirmed at the Council Meeting to be held in the Council Chambers, Council Administration Building, on 16 December 2010 commencing at 5.00pm

CITY SERVICES DEPARTMENT REPORTS 67

CS10/42 SMOKE-FREE OUTDOOR AREAS POLICY AND ACTION/IMPLEMENTATION PLAN

67

CONFIDENTIAL ITEMS 77

The following items either in whole or in part may be considered in Closed Meeting for the reasons stated:

A portion of these report is confidential for the reason of Section 10A (2):

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret. and in accordance with Section 10A (1) the meeting may be closed to the public.

CS10/43 TENDER: SES BUILDING EXTENSION, PARK AVENUE, COFFS HARBOUR - TENDER NO. 09/10-410-TO

77

CS10/44 TENDER: BENNETTS ROAD AND UPPER SHEPHARDS LANE DETENTION BASINS DETAILED DESIGN AND DAM SAFETY COMMITTEE APPROVAL - CONTRACT NO. 10/11-456-TO

82

CS10/45 TENDER - 2010 - 2011 CUL-DE-SAC ASPHALT WEARING SURFACE

89

CB10/63 EVENT PROPOSAL 95

L10/17 TENDER: ORARA RIVER REHABILITATION PROJECT BUSH REGENERATION TENDER 10/11-445-TO

98

ORDINARY MEETING 25 NOVEMBER 2010 - 1 -

COFFS HARBOUR CITY COUNCIL

ORDINARY MEETING

25 NOVEMBER 2010

Mayor and Councillors GENERAL MANAGER’S REPORT

GM10/18 2009/2010 ANNUAL REPORT AND 2009/2010 SUPPLEMENTARY STATE OF THE ENVIRONMENT REPORT

Purpose: To provide Council with the Annual Report and Supplementary State of the Environment Report for the 2009/2010 financial year. This report recommends that the 2009/2010 Annual Report and 2009/2010 Supplementary State of the Environment Report be adopted. Description of Item: The Annual Report describes Council’s achievements for the 2009/2010 financial year and fulfils a range of reporting obligations set by local government legislation. Legislative requirements include the provision of Annual Financial Statements (adopted on 11 November 2010), a Performance Report, and a Supplementary State of the Environment Report. The Annual Report is completed as two documents: a Summary Report and a Regulatory Report. The Summary document provides an overview of Council’s activities, achievements and challenges in implementing the Management Plan for 2009/2010. The Regulatory Report responds to specific legislative requirements. The reports are to be made available to the public. The Supplementary State of the Environment Report describes any change in environmental indicators in the reporting period and updates management responses to the various issues. It is proposed that the Summary and Regulatory Reports, Financial Report and State of the Environment Report will be principally accessed via Council’s website – www.coffsharbour.nsw.gov.au – but printed copies will be available in the Councillors’ room and at Council’s usual display locations.


GM10/18 - 2009/2010 Annual Report and 2009/2010 Supplementary State of the Environment Report (Cont'd) Sustainability Assessment: Environment

Apart from printing and energy costs associated with compiling the report, there are no environmental impacts flowing from the preparation of the Annual Report and State of Environment Report. However, environmental issues relating to Council and the city are identified in the Annual Report and the State of the Environment Report.

Social

Similarly, the Annual Report details the community benefit of the works and services undertaken by Council through the year reported. The publication of an Annual Report – detailing Council’s performance – is consistent with Council’s commitment to accountability to the community.

Civic Leadership

The Integrated Planning and Reporting Framework promotes improved accountability as a key objective of a council’s governance structure and identifies the Annual Report as a critical component in the monitoring and review process. The development of the Annual Report is an activity required in Council’s Delivery Program strategy OC1.1.7 Provide Corporate Relations structures to assist Council to interact effectively with the community. This is aligned with the Coffs Harbour 2030 Plan strategy LC2.2.1 Enable and support all levels of government to serve the local community.

Economic

Broader Economic Implications

There are no economic implications associated with compiling the report. However the report includes information relating to Council activities aimed at stimulating the economic sustainability of Coffs Harbour.

Delivery Program/Operational Plan Implications As a legislative requirement, the preparation of the Annual Report is accommodated within Council’s budget on an annual basis. This is the last Annual Report to be prepared by Council as a response to a Management Plan. Under legislation introduced in 2009, Council is – from 1 July 2010 – operating within an Integrated Planning and Reporting (IPR) Framework which replaces the Management Plan with a Delivery Program and an Operational Plan. The IPR reforms have maintained the requirement for councils to prepare an Annual Report.

Consultation: Appropriate input from all Council departments is included in the 2009/2010 Annual Report and 2009/2010 State of the Environment Report. Much of the data in the Annual Report (Summary) has been sourced directly from Quarterly Performance Reporting updates on Management Plan indicators, as submitted to Council’s Performance Planning reporting system.


GM10/18 - 2009/2010 Annual Report and 2009/2010 Supplementary State of the Environment Report (Cont'd) Related Policy and / or Precedents: Council has previously considered and adopted the Annual Report and State of the Environment Report each year prior to distribution. Statutory Requirements: Section 428 of the Local Government Act 1993 requires Council to produce an Annual Report and State of the Environment Report by 30 November each year. Additional information is required in accordance with: General Regulation 2005 Clauses 132, 217 and 218-226; Freedom of Information Act 1989 Section 68 and Clause 10; Privacy and Personal Information Protection Act 1998 Section 33; and Environmental Planning and Assessment Act 1979 Section 93G(5). Issues: - Performance

There are 19 principal objectives incorporating 154 performance measures identified in Council’s 2009/2012 Management Plan. Of the performance measures, 148 were achieved or not yet due for completion; 6 measures were not achieved due to resourcing, staffing or systems issues or because of external factors. Under the circumstances, the achievement of 96% of performance measures is considered acceptable. By comparison, Council achieved 98% of performance measures in the previous financial year; 96 % in 2007/2008; 93% in 2006/2007 and 97% in 2005/2006. There were many significant milestones during 2009/2010. These included:

Coffs Harbour 2030 Community Strategic Plan adopted

Brelsford Park Adventure Playground opened

Renovations valued at $574K to the Sportz Central facility completed

Council received grant funding of $2.2M for upgrading of lighting at BCU International Stadium

Coffs Harbour War Memorial Olympic pool upgrade commenced

Works commenced on the Coffs Creek Walk upgrade

The $96M Coffs Harbour Water Reclamation Plant was officially opened

Our Living City Sustainable Settlement Strategy endorsed by the NSW Department of Planning

Employment Lands Strategy Adopted

$150K funding received for the development of the Bruxner Park Eco-tourism proposal

Council, Woolgoolga Surf Life Saving Club and the Woolgoolga Chamber of Commerce secure agreement to stage 2010 and 2011 State IRB Championships


GM10/18 - 2009/2010 Annual Report and 2009/2010 Supplementary State of the Environment Report (Cont'd)

NAIDOC week activities successfully held

Graduation of the first group of “Coffs Harbour Ambassadors” volunteer tour guides

12,768 people attended performances at the Jetty Memorial Theatre

Saltwater Freshwater festival held at the Botanic Gardens with over 12,000 attendees – the largest attendance at the Gardens for a single event

Hearnes Lake Estuary Management Plan adopted

Vertebrate Pests Management Strategy adopted

Tender awarded for installation of photovoltaic grid feed system at Rigby House

Draft and second consultation Priority Habitats and Corridors Strategy (PHACS) placed on exhibition

Landfill gas extraction system commissioned at Coffs Coast Resource Recovery Centre

Environmental Levy Program adopted by Council for inclusion in the 2010/2014 Delivery Program

Council Lifeguard, Sonny Tisdell awarded Lifeguard of the Year by Australian Professional Ocean Lifeguard Association

Diggers Beach viewing platform and lifeguard surveillance platform opened.

More than 46,800 visitors to Botanic Gardens

Corindi Skate facility construction completed

Bakers Road detention basin construction commenced

Grant for $1m for Coffs Creek cycleway construction approved and work commenced

Work commenced under the Sapphire to Woolgoolga water main relocation contract (to assist the Pacific Highway upgrade being undertaken by the RTA)

Significant clearing undertaken in Coffs Creek

Flood warning system design contract awarded

New playground works commenced at Woolgoolga foreshore reserve, Corindi and Diggers Beach

IT2009 conference enhanced the reputation of this annual event as the premier Local Government IT conference in Australia.

State of the Environment Report

This report has been prepared for the Coffs Harbour local government area (LGA). It updates a range of environmental performance indicator data from previous years and discusses broader changes relevant to the environment and its management since the previous SoE report.

The SoE Report is available as an attachment to the Annual Report for 2009/2010. It can also be viewed online at Council’s Website: www.coffsharbour.nsw.gov.au


GM10/18 - 2009/2010 Annual Report and 2009/2010 Supplementary State of the Environment Report (Cont'd) Implementation Date / Priority: Subject to Council approval, the 2009/2010 Annual Report (Summary and Regulatory) and Supplementary State of the Environment Report will be lodged by 30 November 2010 in line with statutory requirements and made available to the public. Recommendation: That Council adopts the 2009/2010 Annual Report and 2009/2010 Supplementary State of the Environment Report.


GM10/19 QUARTERLY OPERATIONAL PLAN REPORTING FOR QUARTER ENDED 30 SEPTEMBER 2010

Purpose: To report on the progress of the performance measures contained in Councils 2010-2011 Operational Plan. Description of Item: In response to legislative reforms introduced in 2009, Council has developed a new Integrated Planning and Reporting (IPR) framework. The framework includes a Delivery Program and Operational Plan. This report provides details of the progress of performance measures contained in the Operational Plan. A summary of actual performance against each performance target is detailed in a separate booklet titled 2010-2011 Quarterly Operational Report, which is available in the Councillors' Room for perusal. A list of significant achievements for the quarter is provided in Attachment 1 to this report. Sustainability Assessment: This report monitors Council’s performance against measures as outlined in the 2010-2011 Operational Plan. An assessment using social, environmental, economic, and civic leadership indicators applies to individual measures and an overall assessment is not required. Consultation: Managers from all Council departments have submitted performance reports for operational activities within their areas of responsibility. Statutory Requirements: Sections 404 and 405 of the Local Government Act 1993 detail a council’s obligations in regard to its Delivery Program and Operational Plan. There is no legislative requirement for Council to report quarterly on the performance measures within the 2010-2011 Operational Plan. However it is considered prudent management practice to continue to monitor the ongoing performance of Council to ensure timely delivery of facilities and services.


GM10/19 - Quarterly Operational Plan Reporting for Quarter Ended 30 September 2010 (Cont'd) Issues: There are 438 performance measures identified in Council’s 2011 Operational Plan. Of the measures, 12 were not achieved. The remaining 426 (97.3%) were either achieved or not yet due for completion. The following measures indicate areas where processes can be improved or where targets or resourcing levels may need to be reviewed: 88% of 179 building certificates were issued within 21 days – target 100% Development applications processed within 40 days – achieved 83% 79% of minor land pollution incidents responded to within 2 days – target 85% 76% of stock complaints responded to within 4 hours – target 85% 90% of drainage diagram requests attended to within 2 days – target 100% 86% of responses to requests relating to failed pavement on local roads – target 100% 86% of responses to requests relating to damaged kerb and gutter on local roads – target

100% 67% of requests relating to toilet cleanliness responded to within the required timeframe –

target 100% Update Sports Unit Strategic Plan to incorporate a Stadium Business Plan including

feasibility of infrastructure projects by 31 December 2010. Awaiting delivery of Stadium Feasibility study. Target now 30 June 2011.

Asset condition assessments set by 1 September – 50% complete 63% of construction certificates responses provided within 21 days – target 85% Council’s electronic records management system provides data related to completion of tasks assigned across the organisation. A total of 4,803 tasks were recorded in the system for the quarter with 3,914 tasks (81.5%) being attended to within the required timeframe. The results are considered satisfactory as this represents an improvement compared to the June 2010 quarter during which 80% of tasks were attended to within the required timeframe and the current quarter includes an additional 311 tasks compared to the June quarter. Report Format: The booklet entitled 2010-2011 Quarterly Operational Report is generated from Council’s Performance Planning software package. It includes a total of 238 project and service measures and indicates a percentage achievement against each measure, together with relevant comments. Underlying many of these projects and services are approximately 200 additional indicators “feeding up” to the performance measures. The majority of measures are aimed at achieving a 25% result which is representative of the expected level of achievement for the first quarter of the 2010-2011 year. (The full year being 100%.) The Performance Planning software currently utilizes “traffic lights” to indicate the level of risk associated with completion of performance measures. A green light indicates that the measure is either on track or achieved. An amber light indicates the measure is manageable, and a red light indicates the measure is at risk. Implementation Date / Priority: Management will continue to monitor the organisation’s performance with a view to improving service delivery.


GM10/19 - Quarterly Operational Plan Reporting for Quarter Ended 30 September 2010 (Cont'd) Recommendation: 1. That Council notes the issues surrounding those measures that have not been

achieved for the period ending 30 September 2010, as listed in the body of this report.

2. That Council note the achievement of performance targets, as outlined in a separate booklet which is available in the Councilors’ Room for the July to September 2010 quarter.

3. That Council continues to monitor its performance with a view to improving service delivery.

Steve McGrath General Manager

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Attachment:

Significant Achievements Council received approval for a rate variation of 4.4% in addition to the 2.6% rate pegging

variation Draft City Centre Plan placed on display and submissions invited Coffs Harbour announced as the venue for the 2011 World Rally Championships Open Space Strategy adopted Bakers Road Detention basin completed Installation of Photovoltaic panels to Rigby House complete Redevelopment of Coffs Harbour War Memorial Olympic Pool continued NAIDOC Week festivities held and declared an enormous success Tender let for the installation of upgraded lighting at BCU Stadium New playground completed and commissioned at Diggers Beach Property purchased at 215A Harbour Drive for the future relocation of the museum Reconstruction of Houlahans Bridge over the Urumbilum River complete Coffs Harbour Regional Art Gallery announced as a host for the Archibald Prize A total of 68 media releases were produced during the quarter Marcia Street Detention Basin works complete Contract awarded to upgrade the Airport air conditioning


CORPORATE BUSINESS DEPARTMENT REPORTS

CB10/59 BANK BALANCES AND INVESTMENTS FOR JULY 2010

Purpose: To list Council’s Bank Balances and Investments as at 31 July 2010. Description of Item: A copy of the state of Bank Balances and Investments as at 31 July 2010 is attached. It should be noted that Council is now required to account for investments in accordance with the Australian International Financial Reporting Standards. As such the ledger balances at the end of each month reflect market value movements which would be inclusive of accrued interest. Interest when paid, say quarterly, would result in reductions in the market value of the investments. The Investment Report reflects the above requirements and reflects the interest earned (or accrued) on each investment, based on the acquisition price. A monthly commentary which examines economic and financial markets data for July 2010 is attached. This report has been provided by CPG Research & Advisory Pty Ltd (Council’s investment portfolio advisors). Sustainability Assessment: Environment

There are no perceived current or future environmental impacts. Social

There are no perceived current or future social impacts. Civic Leadership

Council invests surplus funds to maximize investment income and preserve capital to assist with funding requirements for projects listed under the Coffs Harbour 2030 Community Strategic Plan.

Economic


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


CB10/59 - Bank Balances and Investments for July 2010 (Cont'd)

Delivery Program/Operational Plan Implications For July 2010 it is noted that after deducting, from the total bank and investment balances of $150,176,052 the estimated restricted General, Trust, Water & Sewerage cash and investments ($149,294,403), the Unrestricted Cash is $881,649. Further details are provided as a note on the attachment.

Recommendation: 1. That the bank balances and investments totalling (from loans, Section 94 and other

avenues that form the restricted accounts and are committed for future works) one hundred and fifty million, one hundred and seventy six thousand and fifty two dollars ($150,176,052) as at 31 July 2010 be noted.

2. That the general fund unrestricted cash and investments totalling eight hundred and eighty one thousand, six hundred and forty nine dollars ($881,649) as at 31 July 2010 be noted.

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Attachments:

Attachment 1

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Attachment 2

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CB10/60 PROPOSED YOUTH/SPORT/COMMUNITY CENTRE AT WOOLGOOLGA

Purpose: To seek Council approval for the allocation of land for a proposed Multi Purpose Youth/Sports/Community Centre at Woolgoolga to service the Northern Beaches. Description of Item: A group of Woolgoolga citizens has come together to form a committee known as the Northern Beaches Multi Purpose Community Facility Committee. The group formed in March 2010 and is chaired by Mr Al Milroy, who will address the meeting at which this report will be considered by Council. The Committee has a very broad membership including Youth Club, Residents Association, Chamber of Commerce, Indian Temple Committee, Indian Sports Council, Woolgoolga and Northern Beaches Business Development Group, Lions and Rotary Clubs, High School P&C, Woolgoolga Netball Association, Soccer Club, Rugby League Club, Sports Council, and the RSL Club. They have identified the need for a ‘multi purpose’ facility for community, youth and indoor sport activities to service both Woolgoolga and the Northern Beaches. 25% of the target population are in the 0-17 years age demographic. Activities for youth are extremely important and the need will increase as the population grows. The existing small youth facility next to the swimming pool has recently closed and is unlikely to reopen. The proposed facility would provide a venue suitable for use by a very wide range of sporting and community groups across all ages. The Committee has undertaken extensive investigation of potential users, including a survey of local high school children, to determine what facilities need to be provided, their size and viability. The facility would be in the order of 2500m² and probably cost $5 - $6 million. It would include two basketball courts that could be used for other indoor sports and activities such as cricket, soccer, netball, volleyball, badminton, gymnastics, concerts, functions, cultural events, etc, retractable stage, commercial kitchen/café/amenities/changerooms, meeting/breakout rooms, dedicated youth pod, storerooms, reception/offices and carparking. The Committee approached Council on 25 August 2010 requesting Council to identify and allocate a suitable parcel of land for the proposed development. This would then enable them to prepare concept plans and commence fundraising, applying for grants and directly approaching both State and Federal government for funds. During the recent Federal election both sides of politics supported the concept. Since August a number of meetings have been held including Council staff and some members of the Committee to identify a suitable site. Because the facility is to include a youth pod, a central location is essential. The preferred site is shown on the plans attached to the report being the southern portion of Centennial Reserve in the centre of Woolgoolga.


CB10/60 - Proposed Youth/Sport/Community Centre at Woolgoolga (Cont'd) Sustainability Assessment: Environment

The selection of a site has no direct environmental impact. All environmental issues will be addressed in the development proposal.

Social

Again the site selection does not of itself raise social issues. However eventually the development, if approved, will have major social impacts on the local community. Any impacts are only seen as positive.

Civic Leadership

The proposal clearly supports the Coffs Harbour 2030 Community Strategic Plan and Council’s leadership role as a provider, facilitator and advocate.

Economic


These will only arise if the project proceeds to construction, and due to its large size the impacts would be substantial.

Delivery Program/Operational Plan Implications There are no immediate financial impacts for Council by nominating the preferred site. Council has not been asked to contribute funds towards the project at this time.

Consultation: At this point in time Council’s consultation has been limited to members of the Committee, Woolgoolga Sports Council, the Mayor and internal staff. The Executive Team considered the matter and determined this report be prepared for Council’s consideration. All contact with the broader community has been directly by the Committee. Residents surrounding the site have not been consulted at this time. This consultation would not have been appropriate prior to Council considering the allocation of the land. If Council supports the proposal then it is best left to the Committee to discuss the issues with the residents that may be impacted by the proposal. Design will be critical in achieving an outcome that is acceptable to all. The Woolgoolga Sports Council supports the concept but are unhappy about the proposed location as it impacts on Junior Cricket. A replacement field will be provided in the future at the West Woolgoolga Sports precinct. The replacement will need to be available prior to construction of the development if it proceeds. Related Policy and / or Precedents: Council has previously allocated land to various organizations for sporting and cultural uses.


CB10/60 - Proposed Youth/Sport/Community Centre at Woolgoolga (Cont'd) Statutory Requirements: Centennial Reserve is owned by Council and is classified as Community Land under the Local Government Act. It is managed in accordance with Council’s Plan of Management for Sportsgrounds. The Reserve is leased to the Woolgoolga Sports Council. The proposed development is permissible with consent. Issues: The recently adopted Sport Facility Plan recognised the need for the provision of an Indoor Sports Facility to service the northern area of the City. It identified green field sites at Hoys Road Moonee or the proposed West Woolgoolga Sports Ground as possible locations. However the current proposal to combine the indoor sports centre with both youth and community facilities would make either of these sites unsuitable. The report to Council when it adopted the Sports Facility Plan included the following statement “At the time of writing this report there have been discussions between Council staff and the Northern Beaches Multi-Purpose Community Facility Committee regarding their request to identify a suitable site for the construction of a combined youth and indoor sports centre. Should a viable alternate site be identified and it does proceed, the recommendations will need to be reviewed.” Part of the selected site is presently used by Junior cricket and there are two cricket practice nets at the southern end which may or may not need to be relocated. The land is cleared and level. There is an open drain on the eastern side of the site for which Council has approved design plans to pipe the channel, however funding for the works have not been committed. The site is presently part of the lands leased to Woolgoolga Sports Council who maintain most of the sporting grounds in the Woolgoolga area. If the proposal proceeds the lease would need to be amended to exclude the site. If Council approves the allocation of the land then the Committee will prepare draft concept plans (with guidance from Council’s professional staff) to enable the community, and particularly surrounding residents to be consulted. It is obvious that until a site is identified it is not possible to commence fundraising, apply for grants and lobby the government for funds. Council’s contribution at this stage is limited to the land. Future tenure over the site will depend on the management structure that is put in place to manage the venue. Early indications from the Committee are that the Centre may be self sufficient, but it is far too early in the process to be confident of this statement. Realistically, due to the amount of funding required construction is years away, but the Committee is to be congratulated for its efforts to date, and the very thorough methods it has employed to arrive at this point. It has researched several similar centres in the State, particular a new facility at Yamba and another under construction at Maclean, both of which have received government funding. No doubt the publication of this report will lead to great community interest by residents in the northern area of the City. The Committee has such a broad based representation that it is in a strong position to answer questions that are sure to arise as a result of Council’s consideration of the matter.


CB10/60 - Proposed Youth/Sport/Community Centre at Woolgoolga (Cont'd) Implementation Date / Priority: The Committee will be informed of Council’s decision immediately. Recommendation: 1. That Council approve in principal the allocation of the land indicated on the plan

attached to this report, being part of Centennial Reserve at Woolgoolga, for use as a combined youth/indoor sports/community centre and that Northern Beaches Multi Purpose Community Facility Committee be informed accordingly.

2. That the Northern Beaches Multi Purpose Community Facility Committee be required to prepare a business feasibility study regarding the proposed combined youth/indoor sports/community centre and this study be utilized as part of the community consultation identified in 3. below.

3. That Council assist Northern Beaches Multi Purpose Community Facility Committee to prepare draft concept plans to enable community consultation by the Committee.

4. That Council support fundraising for the proposed combined facility, endorse grant applications and directly lobby both State and Federal governments to secure the allocation of funds at the appropriate time.

5. That as and when required further reports be brought back to Council.

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Attachments:

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CB10/61 STATE EMERGENCY SERVICE - LONG TERM SITE ALLOCATION

Purpose: To recommend a strategy based on Council's obligation to provide facilities for the SES (State Emergency Service) in the longer term. Description of Item: The SES has been based at 29 Park Avenue, Coffs Harbour since 1980 on a property owned by the Crown, but managed by Council. The SES currently share the premises at this location with the Early Childhood Centre. The SES has grown substantially over the years and has made ongoing representations to Council in recent years asking for an expanded new facility. It is Council's responsibility under existing legislation to provide facilities for the SES. In recent years Council has moved to assist the SES by proposing an extension to the existing premises at 29 Park Avenue. In this regard a Development and Construction Certificate Application was lodged and Consent 1007/09 was obtained in December 2009. The proposed extension comprises approximately 134 square metres of air conditioned office space which will be added to the front of the existing building. A tender for these works was advertised and put to Council for approval in August 2010. Council resolved to defer the matter "subject to further discussions between Council and the SES", with a report to be put back to Council upon resolution of all issues. A separate confidential report related to the tender and the extensions to the existing SES building at 29 Park Avenue is also presented to this Council meeting. The extensions to the premises are seen as a short to medium term solution to the SES accommodation requirements only. To address the future requirements of the SES, a small internal team from Corporate Business, City Services and Land Use, Health and Development was set up to investigate potential sites. The aim of the group was to identify a land parcel to be set aside for the longer term requirements of the SES. The team identified 13 sites, with details of these sites provided to the SES which included information in regard to the advantages, disadvantages and constraints of each site. Also included in the information was an estimate of the value of each site to Council. The internal team has recommended, as a result of its investigations, that the Forestry site on the corner of Beryl Street and Pacific Highway is a preferred location for the facility. The site is however not controlled by Council and is owned by the State Government who currently propose a redevelopment of the land to include government offices, a new Police Station and Court House. As such Council can give no certainty other than to continue to lobby the relevant State Government Departments for the inclusion of an SES facility within any future redevelopment of this site. In the attached table, this site is shown as Site No 1.


CB10/61 - State Emergency Service - Long Term Site Allocation (Cont'd) On the basis Council is not successful with the above proposal in the short to medium term, it is suggested that a site be allocated on the northern side of Coramba Road between Shephards Lane and Loaders Lane shown as Site No 2 in the attached table. This site represents part of a larger parcel of land which has been set aside for open space within the Open Space Strategy which is proposed to be used for a future dog leash free walking area and social family recreation park. It is possible for these uses, in a scaled down version to co-exist with the proposed SES facility. The land is also subject to a Plan of Management and is designated parklands. As such an amendment to this plan would be desirable in the next review due within 12 months. The plans attached to this report show the location of both Site No's 1 and 2 as discussed above. Although the site at Coramba Road has issues, specifically in relation to access and geotechnical contamination, it is considered that these can be overcome at a reasonable cost. It is therefore recommended that a site of no more than 4000 square metres be allocated at this location by Council. Sustainability Assessment: Environment

The development of either of the above sites for a SES facility would be subject to normal environment investigations under the planning legislation. It is noted that the sites proposed have little or no vegetation removal required should development proceed.

Social

The sites proposed will facilitate the future and long term requirements of the SES which is an organisation providing obvious vital and relevant services to the community of Coffs Harbour.

Civic Leadership

The Coffs Harbour 2030 plan, in Section LC1.1.2, makes a commitment to "Develop community resilience to change including disaster preparedness and response mechanisms". This intention is met by setting aside land for the future improvement and expansion of the SES facilities.

Economic Broader Economic Implications There is little effect on the broader economy by setting aside the land. Delivery Program/Operational Plan Implications The setting aside of the land will have little or no impact upon Council's current budget. The construction of a future facility will need further consideration by Council at a later date and as such Council should consider the allocation of funds for the construction of a new SES facility in its 10 year rolling works programme.


CB10/61 - State Emergency Service - Long Term Site Allocation (Cont'd) Consultation: Representatives from each of Council's three sections have been involved in the internal group that investigated the various sites and made the recommendations contained within this report. There has also been close consultation at General Manager and Director level with the representatives of the local SES who in a letter dated 28 October 2010 have provided the support of the SES to the recommended sites. Statutory Requirements: The State Emergency Services Act 1989, Part 4, S17(5) and (6) requires Council to provide for and pay for facilities needed for SES training, storage and office accommodation to a standard approved by the (SES) Commissioner. Both sites recommended within this report are suitable for development and the SES facility would be permissible on either site with development approval. Council's land at Coramba Road is classified Community under the provisions of the Local Government Act 1993. It is envisaged that the SES will occupy the site without a lease or licence. As such there is no requirement for reclassification of the site. In regard to planning issues, the proposed development is permissible with development consent on the Coramba Road site under the existing LEP and proposed draft LEP. It is suggested that Council in future review the Plan of Management and Open Space Strategy related to this site and introduce amendments to incorporate the SES facility. Issues: There are no major issues that have not otherwise been dealt with in this report. Implementation Date / Priority: The matters associated with the report can be implemented without delay. Recommendation: 1. That Council support as the preferred site for the SES, the State Forests site on the

corner of the Pacific Highway and Beryl Street, Coffs Harbour as shown as Site 1 in this report.

2. That Council actively lobby the State Government for the inclusion of the SES facility within the redevelopment of the above site.

3. That should the SES facility not be included in the above development, within the short to medium term, Council set aside the site at Coramba Road, Coffs Harbour shown as Site 2 within this report for the longer term requirements of the SES.

4. That Council consider the allocation of funds for the construction of a new SES facility within its 10 year rolling works programme.

5. That Council review the Plan of Management and Open Space Strategy as related to the Coramba Road site with a view to including the SES facility at this location.

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Attachments:

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CB10/62 POLICIES

Purpose: To review and update the following policies: Councillors' Fees, Expenses and Facilities Policy Loan Borrowing Policy Rates and Charges – Pensioner Concession Policy Description of Item: Councillors Fees, Expenses and Facilities policy should allow for Councillors to receive adequate and reasonable expenses and facilities to enable them to carry out their civic duties as elected representatives of their local communities. The preparation and review of this policy on an annual basis by councils is a mandatory requirement to ensure accountability and transparency in the reasonable and appropriate provision of expenses and facilities to Mayors and Councillors in NSW. A copy of this policy must be submitted to the Division of Local Government by 30 November each year. The Loan Borrowing Policy and Rates and Charges – Pensioner Concession Policy encompass actions undertaken by Council on a regular basis. Sustainability Assessment: Environment

This is not applicable to this report. Social

Councillors, in carrying out their civic responsibilities, are required to attend a variety of functions in their capacity as representatives of Council. The Councillor Fees, Expenses and Facilities policy ensures there is accountability and transparency in the reimbursement of expenses incurred, or to be incurred by the Mayor and Councillors.

Civic Leadership

The purpose of these policies is to ensure transparency and accountability in local government.


CB10/62 - Policies (Cont'd) Economic


Loan Borrowing Policy:

Council recognises that loan borrowings for capital works are an important funding source for Local Government and that the full cost of infrastructure should not be borne entirely by present-day ratepayers, but be contributed to by future ratepayers who will also benefit.

Council will restrict all borrowings to expenditure on identified capital projects that are considered by Council to be of the highest priority, and which are unable to be funded from revenue. In no circumstances should Council borrow funds for recurrent expenditure.

Delivery Program/Operational Plan Implications All are reported within the Integrated Planning and Reporting framework.

Consultation: This is not applicable to this report. Statutory Requirements: The Councillor Fees, Expenses and Facilities policy is made under the Local Government Act 1993, in accordance with sections 252 and 253, as well as clause 403 of the Local Government (General) Regulation 2005. Issues: Changes to the Councillors Fees, Expenses and Facilities Policy have been minor and include: Reference to the most up to date Australian Taxation Office ‘reasonable travel and

overtime meal allowance expense amounts' The removal of tipping - Council will no longer meet any tips provided within conference

costs. Implementation Date / Priority: Implementation is immediate. Recommendation: That Council adopts the Councillors' Fees, Expenses and Facilities Policy, Loan Borrowing Policy and Rates and Charges – Pensioner Concession Policy.

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Attachments:

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CITY SERVICES DEPARTMENT REPORTS

CS10/42 SMOKE-FREE OUTDOOR AREAS POLICY AND ACTION/IMPLEMENTATION PLAN

Purpose: To report to Council on status of a Smoke-Free Outdoor Areas Policy and the implications actions and process for adopting such a policy. Description of Item: At the Ordinary Meeting of Council on 8 July, 2010 a Notice of Motion resolved that:

1. A report be prepared for November's Council meeting on the implementation of Council's Smoke-Free Outdoor Areas Policy; and that

2. The report also involves an action/implementation plan for the next 12-24 months As background it should be noted that in August 2008 the Executive Team approved the formation of a working group to look at the development of a Smoke-Free Outdoors Areas Policy. In February 2010 an Outdoors Areas Policy was submitted to the Executive Team for their consideration. This policy document includes the concept of prohibition of smoking within 10 metres of the Brelsford Park playground facility and new playgrounds as they are developed; and BCU International Stadium. It also suggests that as funds become available the policy would be applied to:

All other children's playgrounds

Playing/sporting fields and facilities (ie. swimming pools, etc.) and other outdoor areas as deemed appropriate

The entrance and egress of all Council owned buildings/facilities (ie. libraries, etc.); and

the policy also considered the need for suitable signage along with including “no smoking” symbols on multifunction signage. The Executive Team determined that this should be implemented as a trial. The examples to date of the implementation of this are Brelsford Park Adventure Playground and the Digger’s Beach park. There has been very positive feedback from both a users and Council staff perspective. In May 2010, the Cancer Council in partnership with North Coast Area Health Service, and assisted by Bellingen and Coffs Harbour City Council, hosted a Smoke-Free Outdoors Areas Forum. The purpose of the Forum was to support and provide information for all 15 North Coast Local Councils, from Tweed Heads to Gloucester, to develop and implement smoke-free outdoor areas policies across the whole of the North Coast. It is important to note that both Bellingen and Nambucca local government areas have adopted the approach as outlined by the Cancer Council.


CS10/42 - Smoke-Free Outdoor Areas Policy and Action/Implementation Plan (Cont'd) The current operational policy does not cover matters such as other public areas not listed above or alfresco dining. A process for the development and implementation of such a policy should be considered by Council. Sustainability Assessment: Environment

There is an obligation to promote public health outcomes where Council provides assets and services intended to be of benefit to children and other members of the community. Additionally, the ongoing implementation of the Smoke-Free Outdoor Areas Policy will improve the natural environment and the amenity of the local area by reducing the amount of cigarette butt litter found in outdoor areas.

Social Providing smoke-free areas protects the rights of the public to clean fresh air. 82% of the population are non-smokers. Providing smoke-free areas protects non-smokers and helps those smokers who have decided to quit. (Research provided by the Centre for Health Research and Psycho-oncology.)

Civic Leadership The Coffs Harbour 2030 Plan adopted in December 2009, states "….We value, respect and protect our natural environment and acknowledge that it sustains us and future generations". It also states that “….We are healthy, caring and actively, engaged in our communities. We value all people and use the goodwill in our community to build a better future for our children." Council has a role in advocating better public health for its residents. It is proposed that in the interest of the health of our local community and environment, Council take a leadership role by supporting a policy that provides a comprehensive smoke-free environment.

Economic Broader Economic Implications There have been no specific budgetary funds allocated to assist the implementation of a Smoke-Free Outdoor Areas Policy. A successful grant application resulted in $1,500 from the Cancer Council for small scale community education program and some additional signage. Delivery Program/Operational Plan Implications Should Council wish to adopt and implement a comprehensive policy for smoke-free outdoor areas there will be implications for the delivery program and the operation plan. There are no funds in the current Operational Plan for any of the major smoke-free initiatives as outlined in the draft policy. However, it is considered feasible to undertake some of the low cost initiatives such as add-on signage at Council owned facilities/grounds (ie. Indoor Stadium, libraries, gallery, existing playgrounds, sporting fields, etc) within current budget limits.


CS10/42 - Smoke-Free Outdoor Areas Policy and Action/Implementation Plan (Cont'd)

For the long term development and implementation of the policy it is recommended that an amount of $15,000 be considered for the next budget and then $5,000 for following budgets up until 2013 when the policy is proposed to be reviewed.

Consultation: To date consultation has been limited to an internal stakeholder group and the Cancer Council. A number of issues have been raised as a result of these consultations and these are covered in the issues section of this report. Related Policy and / or Precedents: The current Smoke-Free Outdoor Areas Policy which was adopted by the Executive Team in February 2010 for a trial period, is limited in scope, as it applies to some operational matters only and is not a Council adopted policy. Statutory Requirements: Current Legislation Smoking in enclosed public places in NSW is regulated by the NSW Smoke-Free Environment Act. However, these laws make no provision for controlling outdoor smoking in places where people congregate, such as alfresco dining areas, sporting fields and playgrounds. Under the NSW Local Government Act 1993 Council has the power to legislate in their own jurisdiction to protect their local communities from the effect of second-hand smoke. Council should take into account the negative health aspects of second-hand tobacco smoke as well as the adverse social and environmental impact smoking in crowded outdoor areas may have on the community. Issues: This report also seeks to update and provide a Council policy which encompasses public open space, skate parks and alfresco dining. In relation to alfresco dining other councils have addressed this issue by introducing smoke-free clauses in their footpath alfresco dining agreements. The process would require significant discussion, consultation and negotiation as there are a range of existing licenses in place and the implications of the adoption of this policy would need to be fully investigated and understood. Matters raised by internal stakeholders in relation to the policy include:

Enforcement of the Policy. The issue of how to enforce such a policy given the limited resources is of concern. Council has the ability to issue penalty notices, when signage is in place. Feedback from other Councils that have been implementing such a policy for sometime, is that initially the policy is monitored by the community. This is supported by a significant community education and awareness program. Other Councils report that issues which do arise are very limited and almost always a result of other factors such as alcohol or other drugs. It is a concern which can be re-visited if required or as part of the policy's review process.


CS10/42 - Smoke-Free Outdoor Areas Policy and Action/Implementation Plan (Cont'd) Cost of implementing the Policy - There have been no specific budgetary funds allocated to

address the implementation of a Smoke-Free Outdoor Areas Policy. The cost of implementing either stand alone or add-on signage at sites such as swimming pools, Council owned facilities, indoor/outdoor sporting facilities, playing/sports fields/facilities, parkland, reserves and beaches would require an annual commitment of funds. A significant community education and awareness program as outlined would require a one-off budget allocation.

While there are issues in relation to such a policy Council has indications through the following processes that such a policy would be broadly supported in the community. This has been through media reports, letters to the editor in the local papers, representation for local members of parliament and correspondence direct to Council. During the development of the recently adopted Open Space Strategy the responses to questionnaires and surveys indicates support for such a policy. It is therefore suggested that a comprehensive, whole of local government area policy be drafted. This will be based on the attached internal document and be expanded to include all public areas. That consultation and engagement with a broad cross section of the community including sporting groups, Council owned property lessees including restaurant operators with alfresco dining licenses, Cancer Council, playgroup representatives and the broader community. This will be undertaken as outlined below in the brief Action Plan: ACTION By When Comprehensive Draft Policy, which builds on the internal policy, be exhibited

Last 2 weeks in January and all of February 2011

Comprehensive community engagement process outlining the policy, its implications and likely implementation.

January/February/March 2011

Report back to Council for consideration of the policy including a proposed role out time from of the policy. This is subject to the community level of support of the spirit and intent of the policy.

April 2011 – April 2012

Subject to outcome of the April 2011 considerations by Council, budget implications be determined.

May 2011

Implementation Date / Priority: The draft policy would be finalised by January 2011 for exhibition. Recommendation: 1. That Council note the current status of an operational Smoke-Free Outdoor Policy and

endorses the proposal to consider a local government wide policy for public areas.

2. That the Action/Implementation Plan be noted and that following community consultation and engagement, a report be provided back to Council for consideration in April 2011.

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Attachments:

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CONFIDENTIAL ITEMS

CS10/43 TENDER: SES BUILDING EXTENSION, PARK AVENUE, COFFS HARBOUR - TENDER NO. 09/10-410-TO

Purpose: To report on tenders received for the extension of the SES building, 29 Park Avenue, Coffs Harbour and to gain Council approval to accept a tender. Description of Item: The works comprise the construction of approximately 134m2 of air-conditioned office space for the SES. Construction is bagged brickwork, fenestration and galvanized roofing. Extensive work is required to upgrade the existing electrical system to meet current standards Tenders were called in local and capital city newspapers and closed on 8th June 2010. Tenders were evaluated on the following criteria:

Tender price

Experience in similar work

OH & S management systems and performance

Construction period – as nominated by the tenderer

Financial capacity Two tenders were received. Both were conforming offers.

a) Integrity Commercial Constructions Pty Ltd

b) Bilas Knight Pty Ltd A Council report on this subject was previously submitted to the August 2010 Council meeting. However, due to the possibility of a relocation of the SES to other premises being raised by SES, that report was deferred until the issue could be discussed. The outcome of those discussions will be the subject of a separate Council Report. Sustainability Assessment:

Three landscape-planted trees will have to be removed. They are not endangered species. Council’s Environmental Officer has inspected the trees and has no concern with their removal.


CS10/43 - SES Building Extension, Park Avenue, Coffs Harbour - Tender No. 09/10-410-TO (Cont'd)

Environment

The SES membership in Coffs Harbour has grown from 35 some three to four years ago to over 80 this year. There is, consequently, an acute lack of office and storage space which is causing occupational health and safety concerns. The 134m2 extension will alleviate this situation.

Civic Leadership The Coffs Harbour 2030 Plan, in section LC1.1.2, makes a commitment to “Develop community resilience to change including disaster preparedness and response mechanisms". This intention is met in the short term by improving and expanding the SES facilities.


CS10/43 - SES Building Extension, Park Avenue, Coffs Harbour - Tender No. 09/10-410-TO (Cont'd)

Economic

Broader Economic Implications The validity period of the original tender has lapsed due to the delay in the award of the Contract. The two tenderers were asked to confirm their prices, with both costs rising slightly. The recommended tenderer’s price has risen 1% for the fixed price items. Also during the delay period, a fixed price has been acquired from both tenderers for what was previously a provisional sum. This has resulted in a further rise in the cost presented in the original report. The GST-exclusive cost per square metre of the extension, adjusted for the pavement canopy, is $2,021. This appears to be high but a significant part of the cost is in the electrical upgrade of the existing facility which is currently drawing power at the maximum capacity of the main switchboard. In addition, connecting on to an existing structure always incurs significant additional costs. Delivery Program/Operational Plan Implications The State Emergency Services Act 1989 requires Council to provide facilities for SES. The tender price is inclusive of GST, and is not the net cost of the project. The cost is to be shared equally between Council and the SES with Council’s contribution accounted for in the 2010/2011 Operation Plan. The SES will match this contribution, partially on a delayed basis.

Consultation: The Baby Health facility, that shares the existing building with SES, has been informed that construction works will be commencing but no date has been given. No formal consultation has occurred with other local residents as all the work will be confined to the site. However, businesses and residents will be informed in writing prior to the commencement of work as there may be a temporary loss of some (three to four) public car parking spaces on Park Avenue adjacent to the site. Related Policy and / or Precedents: Tender procedures and analysis were carried out in accordance with Council policy, in particular the ‘Tender Value Selection System’ Statutory Requirements: The State Emergency Services Act 1989, Part 4, S17(5) and (6) requires Council to provide and pay for facilities for SES training, storage and office accommodation to a standard approved by the (SES) Commissioner. The tender process was carried out in accordance with Part 7 of the Local Government (General) Regulations 2005


CS10/43 - SES Building Extension, Park Avenue, Coffs Harbour - Tender No. 09/10-410-TO (Cont'd) Issues: No untoward issues arose during the tender assessment, other than those previously mentioned. Implementation Date / Priority: A contract can be awarded upon Council’s resolution to accept a tender. Completion time for the contract is 20 weeks with a forecast completion date of approximately mid March 2011. Recommendation: That Council consider tenders received for the construction of an approximate 134m2 extension to the SES building, 29 Park Avenue, Coffs Harbour, Contract No. 09/10-410-TO, and move the motion as detailed in the confidential attachment


CS10/44 TENDER: BENNETTS ROAD AND UPPER SHEPHARDS LANE DETENTION BASINS DETAILED DESIGN AND DAM SAFETY COMMITTEE APPROVAL - CONTRACT NO. 10/11-456-TO

Purpose: To report to Council on tenders received for the detail design and Dam Safety Committee approval of the Bennetts Road and Upper Shephards Lane Detention Basins Contract No. 10/11-456-TO and to gain Council approval to accept a tender. Description of Item: The works to be designed under this contract are the next stage in the implementation of the Coffs Creek Floodplain Risk Management Plan adopted by Council at its City Services Committee meeting, 17 August 2006. The first $M2.5 flood detention basin at Bakers Road, West Coffs was completed earlier this year and tenders have been sought for the detailed design and Dams Safety Committee (DSC) approval for the next two basins; one at the Intersection of Bennetts Road and Coramba Road and the other upstream of the extension of Pearce Drive in the upper Shephards Lane area.

Open tenders were called in local and capital city newspapers and on Council's website via the Tenderlink portal. Tenders closed at 3:30pm on Tuesday, 9th November 2010.


CS10/44 - Tender: Bennetts Road and Upper Shephards Lane Detention Basins Detailed Design and Dam Safety Committee Approval - Contract No. 10/11-456-TO Cont'd) Tenders were received from the following consultants:

Coffey Geotechnics Pty Ltd

Department of Services, Technology & Administration T/A NSW Public Works

GeoLINK Consulting Pty Ltd

GHD Pty Ltd

OPUS International Consultants (Australia) Pty Ltd

SMEC Australia Pty Ltd

URS Australia Pty Ltd Council’s Tender Panel assessed tenders against the following criteria:

Lump Sum Fee

Experience and track record in similar works

Technical skills and experience of personnel

Methodology and understanding of the work involved

The proposed time schedule for the work and past performance

Management & organization structure, quality systems and financial stability

Sustainability Assessment: Environment

The consultancy will not disturb the local environmental other than minor soil sampling test pits and short term geotechnical investigation of embankment foundations. The outcome of the consultancy will be the provision of a design satisfying the NSW Dams Safety Committee requirements for water retaining structures in urban areas and, following construction, a safer environment from the effects of flash flooding in the Coffs Creek. Social The consult engagement will have no local social impacts. All tenderers propose to run their engagement from outside the Coffs City area so there will be little impact on local employment other than possibly geotechnical investigations which are likely to benefit Coffey as the major provider of this service in Coffs Harbour.

Civic Leadership This contract comes under the Survey & Design Program of the 2030 Strategic Plan. Principally it addresses PL 1.1.2, Provide Infrastructure That Supports Stainable Living And Incorporates Resilience To Climatic Events.


CS10/44 - Tender: Bennetts Road and Upper Shephards Lane Detention Basins Detailed Design and Dam Safety Committee Approval - Contract No. 10/11-456-TO Cont'd)

Council will be demonstrating sound civic leadership by obtaining value for money design outcomes for high profile flood mitigation infrastructure through an open and accountable tendering process. Economic Broader Economic Implications Delivery Program/Operational Plan Implications This design and documentation contract will be grant funded under the NSW State Floodplain Management Program on a 2:1 State:Local Government basis amounting to an approximate Council expenditure of $50,000 in the 2010/11 Operational Plan. Future land acquisition and construction costs for the Basins will be funded with contribution from Federal and State Government grants. Council’s portion of the costs will be funded from $M6 loan funds (resolution No 217, 26 Nov 2009).

Consultation: The process in developing the Coffs Creek Floodplain Risk Management Plan has involved extensive public exhibition and community consultation. Council’s Design unit has consulted with RTA to incorporate the Bennetts Road embankment into the approach road for the West Coffs bypass. Council’s Property and Commercial unit is consulting with property owners to secure access for construction and upstream land acquisitions. Related Policy and / or Precedents: Tendering procedures were carried out in accordance with Council policy. Council's Tender Value Selection System was applied during the tender review process to determine the most advantageous offer. Council's policy is the tender with the highest weighted score becomes the recommended tender. Statutory Requirements: The calling, receiving and reviewing of tenders was carried out in accordance with Part 7 Tendering of the Local Government (General) Regulations 2005 (the Regulations). Issues: All tenderers have satisfactory financial capacity with varying degrees of experience and expertise in their design teams. Where the head consultant does not have the in-house expertise then that particular area will be filled by sub-consultants.


CS10/44 - Tender: Bennetts Road and Upper Shephards Lane Detention Basins Detailed Design and Dam Safety Committee Approval - Contract No. 10/11-456-TO Cont'd) NSW Public Works (PW) completed the design and documentation for the largest and most complex detention basin in the Coffs Creek Floodplain Risk Management Plan (Bakers Road) in 2009. Their performance under that contract was excellent. PW have extensive experience in the design of dams, river management and urban drainage and provide all specialist services in-house. PW have gained local knowledge during their previous engagement and have developed designs and documentation that can be readily adapted for the Bennetts Road and Upper Shephards Lane Basins thereby giving them the competitive edge on price and delivery time. Coffey Geotechnics is currently engaged to carry out preliminary bore hole investigations at both embankment sites. This information will be provided to the successful design tenderer who in turn may require further detailed investigation to be carried out using their own or subcontracted resources. The scoring of tenders and the recommendation of the preferred tender are included in the confidential attachment. Implementation Date / Priority: It is intended to commence construction of the two Basins in May next year. The design contract will be awarded upon resolution of Council. Failing any unforeseen events, it is expected that the design works will be completed in March 2011 to permit construction of the basins to commence in May 2011. Recommendation: That Council consider tenders received for the Bennetts Road and Upper Shephards Lane Detention Basins, Contract No. 10/11-456-TO, and move the motion as detailed in the confidential attachment.


CS10/45 TENDER - 2010 - 2011 CUL-DE-SAC ASPHALT WEARING SURFACE

Purpose: To obtain Council approval to accept a tender for 2010–2011 Cul-De-Sac Asphalt Wearing Surface Program. Description of Item: Council called tenders for the pavement resurfacing works for all the cul-de-sac`s listed in Appendix A. The tender is for the application of a nominal 20mm thick wearing course of 7mm dense graded asphalt over the existing flush seal including all materials, plant and labour required to complete works. In compliance with Section 55 of the Local Government Act, open tenders were called in local and capital city newspapers and closed at 3.30pm on 5 October 2010 for the 2010-2011 Cul-De-Sac Asphalt Wearing Surface. Two tenders were received from:

1. Bitupave Ltd (trading as Boral Asphalt)

2. Diveva Pty Ltd (trading as Mid Coast Road Services)

Tenders were evaluated on the following criteria:

‐ Tender Price

‐ Experience and performance in similar works

- OH&S Management Sustainability Assessment: Environment

Bitumen is a petroleum based, non-renewable resource. Historically the product has provided a very effective and economical waterproof seal to road pavements. Unfortunately at this time there are no other comparable materials that perform the same function as bitumen when sealing roads. The application of an asphalt wearing surface over the existing pavement surface will result in the NON DISTURBANCE of the existing pavement and local environment.

Social Pavement surfacing is essential in maintaining trafficable surfaces on Council's road network. Safety and driving conditions are improved and the likelihood of dangerous pavement failures is reduced.


CS10/45 - Tender - 2010-2011 Cul-de-Sac Wearing Surface (Cont'd)

Economic Broader Economic Implications Undertaking periodic bitumen pavement surfacing on the road network extends the life of the pavement and ultimately provides economic benefit by reducing the overall whole of life costs of the road. The high transverse traffic loads within the cul-de-sac requires a high strength pavement surface, traditional sprayed bitumen seal is insufficient to meet these loads. Funds for 2010-2011 Cul-De-Sac Asphalt Wearing Surface program are available in the 2010/2011 Works Program and as further demonstrated in the management for subsequent years. The tendered rates include GST, which is not a net cost to Council.

Related Policy and / or Precedents: Tendering procedures were carried out in accordance with Council's policy. Council's Tender Evaluation System has been applied during the tender review process. Council's policy is that the tenderer with the highest weighted score becomes the recommended tenderer. Tender details and evaluations are included in the confidential attachment. Statutory Requirements: The calling, receiving, opening and reviewing of tenders were carried out in accordance with the Local Government (General) Regulations 2005. Issues: The recommended tenderer, Mid Coast Traffic Services, is based at Wauchope NSW. This company has recently expanded into the Coffs Harbour area employing several local long term residents. The increased competition within the local market will ensure a greater cost benefit to the local community. Mid Coast Road Services has nominated Boral Asphalt Coffs Harbour as the preferred supplier for the asphalt for this project. Boral Asphalt has a local business address which will benefit the local community through employment opportunities and support to other local businesses. It is evident from the tenders received that the cost of supplying and applying the asphalt wearing surface has been reduced from prices paid for the 2009/2010 financial year due to the direct competition within the local asphalt industry. Implementation Date / Priority: The Contract 2010-2011 Cul-De-Sac Asphalt Wearing Surface program will need to be awarded late November 2010 to allow completion prior to the conclusion of the 2010/2011 bitumen reseal program. A contract can be awarded upon Council's resolution to accept a tender. The due contract completion date is 16 June 2011.


CS10/45 - Tender - 2010-2011 Cul-de-Sac Wearing Surface (Cont'd) Recommendation: That Council considers tenders received for the 2010-2011 Cul-De-Sac Asphalt Wearing Surface program Contract No. 10/11-448-TO, and move the motion as detailed in the confidential attachment. Ben Lawson Director, City Services


L10/17 TENDER: ORARA RIVER REHABILITATION PROJECT BUSH REGENERATION TENDER 10/11-445-TO

Purpose: This report outlines the results of the assessment of tender submissions for the Orara River Rehabilitation Project Bush Regeneration Tender 10/11-445-TO. Description of Item: The Orara River Rehabilitation Project has received funding from Coffs Harbour City Council Environmental Levy, Northern Rivers Catchment Management Authority and the NSW Environmental Trust for the completion of Bush Regeneration work, to be expended by 31 December 2011. Approximately $200,000 is available in the current budget for these works, although further funds may become available in 2011 through additional grants and Environmental Levy allocations. The Open Tender, which included a Schedule of Rates Contract, was advertised on the electronic TenderLink portal and Sydney Morning Herald on Tuesday 28 September 2010. Assessment Criteria used by the Assessment Panel, as listed in the Tender document were:

Tender Price; Core Bush Regeneration Work Experience; Landholder & Project Manager Liaison Experience; and Work Plan & Reporting Experience.

Tender submissions were received from:

1. Australian Wetlands Pty Ltd; 2. Coffs Harbour Bushland Regeneration Group Pty Ltd; and 3. Orara Way Bush Regeneration.

Sustainability Assessment: Environment

The Orara River Rehabilitation Project aims to improve the condition of the river through the exclusion of stock from the riparian zone, erosion control, weed control, regeneration, and site maintenance. Project sites form vegetation corridors within the Orara Valley which link with forested hill slopes under National Park and State Forest tenures.

Social

The Tender contains a Landholder liaison component which requires the successful Tenderer to encourage Landholder participation in project activities and an ongoing commitment by landholders to site maintenance. This is intended to build Landholder capacity to manage environmental impacts, actively participate in the project and be involved in long term site maintenance.


L10/17 - Tender: Orara River Rehabilitation Project Bush Regeneration Tender 10/11-445-TO (Cont'd) Civic Leadership

The Tender document states Council’s preference for local goods and services, contributing to Objective LP1.2 in the Coffs Harbour 2030 Plan. The Tender Selection Panel was made up of representatives of the 377 Committee and the Orara Valley RiverCare Groups Management Committee, contributing to Objective LC2.2 of the plan to welcome civic leadership. The Orara River Rehabilitation Project contributes to Objective LE2.2 of the plan to have active programs to restore and improve the environment.

Economic


The recommended tenderer is a local business who has gained extensive local knowledge of the physical requirements of project sites and has built relationships with Landholders, over a period of eleven years working on the project. To date, this has allowed the work to be carried out to a satisfactory standard. The Tenderer has, and continues to, support local employment.

Delivery Program/Operational Plan Implications Expenditure for the Contract has been allocated out of Environmental Levy 10/11 funds, and from external grant funding from the Northern Rivers Catchment Management Authority and the NSW Environmental Trust. There are is currently around $200,000 available in the current budget to conduct Orara River Rehabilitation Project Bush Regeneration.

The Tendered amount is inclusive of GST, which is not a net cost to Council.

Consultation: Tenders were reviewed in consultation with the Orara Valley RiverCare Groups Management Committee (OVRGMC), which has extensive experience of the Orara Valley and the requisite work. OVRGMC is the umbrella group for local Orara Valley LandCare groups which have been working on project sites since 1997. Related Policy and / or Precedents: Tendering procedures were carried out in accordance with Council policy. Council’s Tender Value Selection System was applied to tenders capable of being considered under the Local Government (General) Regulations 2005. Council’s policy is that the tender with the highest weighted score becomes the recommended tender. Statutory Requirements: The calling, receiving and reviewing of tenders was carried out in accordance with Part 7 Tendering of the Local Government (General) Regulations 2005.


L10/17 - Tender: Orara River Rehabilitation Project Bush Regeneration Tender 10/11-445-TO (Cont'd) The Local Government (General) Regulations require:

Regulation 177 - Consideration of Tenders:

(1) As soon as practicable after the tenders for a proposed contract have been opened, the council must assess the tenders.

(2) A council must not consider a tender that is not submitted to the council by the deadline for the closing of tenders. This subclause is subject to subclauses (4) and (5).

(3) A council must consider a tender transmitted to it by facsimile machine or electronic means, but only if:

(a) in the case of transmission by electronic means, that means of transmission was specified in the relevant tender documents, and

(b) the transmission was received before the deadline for the closing of tenders, and

(c) the tender is complete.

(4) However, if a council has specified in the relevant tender documents issued by the council that a tender will not be considered unless formal tender documents are submitted to the council, then (despite subclause (3)), the council is not obliged to consider a tender transmitted to it in accordance with that subclause (being a tender that does not include formal tender documents) unless:

(a) the tenderer is able to satisfy the council that formal tender documents and all other requisite essential information were posted or lodged at a Post Office or other recognised delivery agency before the deadline for the closing of tenders, and

(b) the council actually receives those documents within such period as it decides to be reasonable in the circumstances.

(5) A council must also consider a tender received within such period after the deadline for the closing of tenders as it decides to be reasonable in the circumstances if the Tenderer satisfies the council that the tender documents and all other requisite essential information were posted or lodged at a Post Office or other recognised delivery agency in sufficient time to enable the documents to have been received by the council in the ordinary course of business before that deadline.

Issues: One Tender was received by a Sole Trader who proposed working on their own. This is not considered good Bush Regeneration practice due to OHS concerns. Council Policy is to employ firms over Sole Traders when suitable firms are available. Another Tender did not submit sufficient information to meet all the selection criteria satisfactorily. Implementation Date / Priority: A contract can be awarded upon Council’s resolution to accept a Tender. Failing any unforeseen events it is expected that the works will be completed by 31 December 2011 with a contract completion time of 57 weeks.


L10/17 - Tender: Orara River Rehabilitation Project Bush Regeneration Tender 10/11-445-TO (Cont'd) Recommendation: That Council considers tenders received for Orara River Rehabilitation Project Bush Regeneration Contract No. 10/11-445-TO, and move the motion as detailed in the confidential attachment. Jeff Green Acting Director, Land Use, Health & Development

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