Ordinary Council Meeting Minutes                                                          10 May 2018

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON
Thursday, 10 May 2018 AT 5.00pm

 

PRESENT:              Cr Denise Knight, Cr Michael Adendorff, Cr Paul Amos, Cr John Arkan,
Cr Keith Rhoades, Cr Tegan Swan, Cr Sally Townley

STAFF:                    General Manager, Director Sustainable Infrastructure, Director Sustainable Communities, Acting Director Business Services and Executive Assistant

 

Leave of Absence  Cr Jan Strom

 

Opening of Ordinary Meeting

The meeting commenced at 5.00pm with the Mayor, Cr D Knight in the chair.

 

Acknowledgement of Country

We respectfully acknowledge the Gumbaynggirr Country and the Gumbaynggirr Aboriginal peoples who are traditional custodians of the land on which we meet and their Elders both past and present.

 

Statement in relation to Recording of Meetings

The Mayor reminded the Chamber that the meeting was to be recorded and live audio streamed, and that no other recordings of the meeting would be permitted.

 

Disclosure of Interest

No disclosures of interest.

 

Apologies

No apologies.

 

 

LEAVE OF ABSENCE

2018/104

Resolved (Cr John Arkan / Cr Michael Adendorff)

That leave of absence from Councillor Strom be noted and a request from Councillor Cecato be approved.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Public Addresses

No public addresses.

 

 

Public forum

No public forum.

 

 

Mayoral Actions Under Delegated Authority

No Mayoral actions under delegated authority.

 

 

Confirmation of Minutes

2018/105

Resolved (Cr Tegan Swan / Cr Michael Adendorff)

That the minutes of the Ordinary Meeting held on 26 April 2018 be confirmed.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Directorate Reports - Business Services

 

BS18/24          Quarterly Budget Review Statement for March 2018

 

Executive Summary

The Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements under Clause 203 of the Regulation.  This regulation requires a council’s responsible accounting officer to submit quarterly budget review statements to the governing body of Council.  These minimum statements are contained within the attachments to this report.

 

The responsible accounting officer advises that the Quarterly Budget Review Statement indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

The budget adjustments recommended in this report, together with previously approved budget adjustments by Council, result in a projected budget surplus of $32,250,000 and a reduced deficit of $4,776,000 before capital revenue.  There has been an improvement in the operating result of $490,035 this quarter, the projected budget deficit represents an improved position on what is contained within Council’s Long Term Financial Plan.

 

2018/106

Resolved (Cr Paul Amos / Cr Michael Adendorff)

That Council:

 

1.    Note the Quarterly Budget Review Statement and the following estimated budget position as at 31 March 2018:

2017/18 Original Budget

2017/18 Revised Budget

2017/18 Projected Budget

2017/18 Mar YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

$94,845

$93,814

$94,124

$93,319

User Charges & Fees

$30,750

$30,641

$30,776

$26,065

Interest & Investment Revenue

$5,140

$5,221

$5,221

$5,097

Other Revenues

$15,171

$15,195

$14,383

$6,480

Grants & Contributions provided for Operating Purposes

$12,620

$10,846

$10,941

$8,183

RECURRENT REVENUE

$158,526

$155,717

$155,445

$139,144

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

$48,718

$48,358

$48,313

$37,508

Borrowing Costs

$10,621

$10,621

$10,621

$6,675

Materials & Contracts

$117,366

$140,215

$145,363

$61,504

Depreciation & Amortisation

$46,170

$38,907

$38,907

$29,200

Other Expenses

$1,667

$12,794

$12,818

$4,935

Less: Capitalised Expenses

(58,482)

(89,912)

(95,801)

(31,557)

RECURRENT EXPENDITURE

$166,060

$160,983

$160,221

$108,265

 

 

 

 

 

NET OPERATING (DEFICIT)/SURPLUS

($7,534)

($5,266)

($4,776)

$30,879

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

$25,793

$34,522

$36,306

$15,134

CAPITAL REVENUE

$25,793

$34,522

$36,306

$15,134

 

 

 

 

 

NET SURPLUS

$18,259

$29,256

$32,250

$46,013

 

2.    Approve the net operating budget adjustments of ($490,035) and the net capital budget adjustments, including transfers to and from reserves, of $274,892.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

Cr Knight called for nominations for a Council representative to be appointed to the Environmental Levy Grants Program Panel.

 

Cr Townley put forward her nomination and was unopposed.

 

 

 

 

BS18/25          Environmental Levy Grants Program Policy, Guidelines and Panel

 

Executive Summary

A new Environmental Levy (EL) Policy was presented to Council for consideration at its meeting on 8 March 2018 and the policy was placed on exhibition from 19 March 2018 until 9 April 2018 (22 days).  The purpose of this policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program.

 

As an outcome of the submissions some changes have been made to the policy, primarily by adding definitions and expanding wording to provide further explanation.  Also, the policy review date has been brought forward to 1 July 2019 to allow an early review to make any improvements based on the first year of operation.

 

Operational guidelines for the Environmental Levy Grants Program (ELGP) have also been prepared which are broadly consistent with the previous EL documentation.

 

The EL Policy post-exhibition, associated guidelines and Environmental Levy Grants Program Panel membership recommendations are now presented to Council for approval.

 

2018/107

Resolved (Cr Sally Townley / Cr Denise Knight)

That Council:

1.   Adopt the new Environmental Levy Policy and associated guidelines, with the deletion of the second dot point in clause 5 of the guidelines (i.e. the deletion of the words “That is not available or accessible to the general public”).

2.   Appoint Simon Abbott and Jonathan Cassell as community members to the Environmental Levy Grants Program Panel and advise all applicants of Council’s resolution.

3.   Appoint Councillor Townley to the Environmental Levy Grants Program Panel.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

BS18/26          Hearnes Lake/Sandy Beach Release Area Developer Contributions Plan Review 2018

 

Executive Summary

The objective of the report is to obtain Council approval to adopt the Hearnes Lake/Sandy Beach Developer Contributions Plan Review 2018.

 

The Plan has been on public exhibition for a period of 28 days with one submission being received by Council during this period.

 

It is recommended that the Hearnes Lake/Sandy Beach Developer Contributions Plan be adopted by Council and that the person(s) who made a submission be advised of the outcome.

 

2018/108

Resolved (Cr Paul Amos / Cr Keith Rhoades)

That Council:

1.       Adopts the attached Hearnes Lake / Sandy Beach Developer Contributions Plan 2018 (attachment 1); and

2.       Writes to those person(s) who made a submission advising them of the outcome.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

 

BS18/27          Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan Review 2018

 

Executive Summary

The objective of the report is to obtain Council approval to adopt the draft Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan 2018.

 

The plans were placed on public exhibition for a period of 28 days with no submissions received.

 

It is now recommended that the Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan 2018 be adopted by Council.

 

2018/109

Resolved (Cr John Arkan / Cr Tegan Swan)

That Council adopts the attached Coffs Harbour Development Control Plan Amendment 7 (West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan 2018.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

BS18/28          Release of Easement for Pipeline 5 Metres Wide Affecting Coffs Harbour Public School, Salamander Street, Coffs Harbour

 

Executive Summary

Council has been requested by consultants acting for the Coffs Harbour Public School to release an easement for pipeline 5 metres wide that affects the property and inhibits current development plans.  The easement which benefits Council is considered surplus to requirements.  Council has required as part of its assessment of Development Application 0197/18DA that the easement be released to facilitate the construction of alterations and additions to the school in the affected location.  This report is required to satisfy Councils legal responsibilities in regard to execution of the required document to affect the release.

 

2018/110

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council:

1.       Agrees to release the easement for pipeline 5 metres wide which benefits Council and is shown as notification number 2 in the second schedule of Certificate of Title Folio identifier 1/195773.

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

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Notices of Motion – Sustainable Communities

 

NOM18/05      Sustainability Advisory Committee

2018/111

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council establish a Sustainability Advisory Committee.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 


 

Directorate Reports - Sustainable Communities

 

SC18/19          Expressions of Interest to Provide Specialist Animal Impounding Services

 

Executive Summary

Council has a current contract arrangement with the Royal Society for the Prevention of Cruelty to Animals (RSPCA) NSW until September 2020 for the provision of impounding facilities and a range of associated services. 

RSPCA NSW has notified Council that they will not be seeking to provide companion animal management services beyond the expiry of the present contract in September 2020.

In order for Council to meet its relevant statutory obligations upon the expiry of the current contract arrangement, it is proposed to seek expressions of interest to assist understanding and enable further consideration of the available opportunities.

A further report detailing the available opportunities and associated recommendations will be brought back to Council following a review of options.

 

2018/112

Resolved (Cr Paul Amos / Cr Michael Adendorff)

1.       That Council seek ‘expressions of interest’ to establish an understanding of the available opportunities to meet Council’s statutory obligations associated with the provision of specialist impounding services on a long term basis.

2.       That a further report be brought back to Council detailing the available options and recommendations for the provision of specialist impounding facilities.

3.       That Council approach the RSPCA with a view to exploring the purchase of the land and facilities currently operated by the RSPCA as the Coffs Harbour Animal Shelter at 25 Dowsett Drive Coffs Harbour. Council prepare a report for Councillors on the response from the RSPCA and analysis of the economic, social and logistical merit if council were to proceed to purchase.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Directorate Reports - Sustainable Infrastructure

 

SI18/11           Amendment to Alcohol Free Areas in Woolgoolga CBD for Eat Street Events

 

Executive Summary

At the Council meeting held on 8 March 2018, Council approved the suspension of the alcohol free zone in Market Street, Woolgoolga for four proposed Eat St. Events. The proposed dates were:

1.       Saturday 14th April 2018 from 3pm – 10pm

2.       Saturday 14th July 2018 from 3pm – 10pm

3.       Saturday 6th October 2018 from 2pm – midnight following the Curryfest on 29th September 2018.

The organisers have now requested a change of date from Saturday 14th July 2018 to 16th June 2018 from 3pm -10pm. This report is to approve this amendment

The event involves a number of mobile vendors in Market Street complementing the permanent dining venues showcasing craft beer, cider and wine products. Stall holders will be permitted to sell alcohol to patrons within the fenced event area.

Market Street is currently an Alcohol Free Zone (AFZ). Section 645 of the Local Government (LG) Act provides for Council, by resolution, to allow the temporary suspension of AFZs for specific periods or events.  The LG Act and Ministerial Guidelines on Alcohol Free Zones (February 2009) provide a specific procedure which must be followed in relation to suspending AFZs, and this includes a requirement to seek Council’s endorsement as well as Police approval.

 

2018/113

Resolved (Cr Tegan Swan / Cr Paul Amos)

That Council approve the revised temporary suspension of the Market Street, Woolgoolga Alcohol Free Zone between Nightingale Street and Queen Street, on Saturday 16th June 2018 from 3pm – 10pm.

This suspension is pursuant to the provisions of Section 645 of the Local Government Act 1993.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

 

 

SI18/12           Contract No. RFT-916-TO - Coffs Harbour CBD Gordon Street Footpath Works

 

Executive Summary

The purpose of this report is to provide an update and advice regarding the current status of Council’s previous resolution of 22 February 2018 concerning the contracting of public space upgrade works along the Gordon Drive frontage of the Gowings’ Coffs Central development under an existing Voluntary Planning Agreement (VPA) with Gowing Bros Ltd. The public space upgrade works along Gordon Street are the final component of the joint public space works covered by the VPA with Gowing Bros Ltd.

Under the terms of the VPA, Council is responsible for funding 2/3 of the public space works. Gowing Bros Ltd is responsible for entering the contract (as principal) with a supplier to deliver the public space works, and is responsible for 1/3 of the cost of the public space upgrade works.

It is important to note that whilst the VPA stipulates Gowing Bros Ltd as the Principal in the project (ie. responsible for engaging and managing contractors), the procurement process to engage a contract supplier must still meet Council’s regulatory and Procurement Policy requirements.

Therefore, on the 22 February 2018, Council duly considered tendered offers from two prospective contractors to undertake the final VPA works. Both tendered offers exceeded the estimated cost for the works and as a result Council, in line with staff recommendations, opted to decline both tendered offers and to delegate authority to the General Manager to negotiate with prospective parties.

This report advises that the negotiations endorsed by Council at its meeting of 22 February 2018 have now been completed and a consequent recommendation for Council’s consideration is provided in the confidential attachment to this report.

 

2018/114

Resolved (Cr Tegan Swan / Cr Denise Knight)

That Council:

1.      Endorse the offer by Bob Chambers Pty Ltd, ABN 49 003 778 630 for Contract No. RFT-916-TO - Coffs Harbour CBD Gordon Street Footpath Works for the Lump Sum amount of $497,065 excl GST, on the basis that the tender is the most advantageous tender.

2.      Note that the Director Sustainable Infrastructure will be endorsing the acceptance by Gowing Bros Ltd of an additional $373,396 Ex GST contained in multiple quotations from various specialist subcontractors for additional Voluntary Planning Agreement public space works which are below the threshold value to require endorsement by Council.

3.      Vote an amount of $240,000 for the purpose of raising Council’s previously endorsed budget for the works from $310,000 to an amount of $550,000 which is 2/3 of the total VPA cost including a 10% contingency.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

REQUESTS FOR LEAVE OF ABSENCE

No requests for leave of absence.

 

 

QUESTIONS ON NOTICE

No Questions on notice

 

 

Matters of an Urgent Nature

No matters of an urgent nature.

 

 

 

Close of Meeting

The Meeting closed at 5.21pm.

 

Confirmed:  24 May 2018

 

 

 

...................................................

Denise Knight

Mayor