Ordinary Council Meeting Minutes                                           13 September 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, 13 September 2018 AT 5.00pm

 

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

STAFF:                    General Manager, Acting Director Sustainable Infrastructure, Acting Director Sustainable Communities, Director Business Services, Strategic Projects Officer, Group Leader Community & Cultural Services, Group Leader Financial Services & Logistics 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

Councillor

Items

Type of Interest

Cr George Cecato

NOM18/21 – Bunker Cartoon Gallery – Additional Funds

Non-Pecuniary - Less Than Significant Conflict as he is a member of the Rotary Club of Coffs City – but holds no Executive position.


 

 

Cr George Cecato

 

SC18/35 – JRPP – Development Application No. 0857/18 – Educational Establishment (Addition – New Two Storey Learning Facility, Twenty Six Space Car Park and Landscaping) – Lot 1 DP 1030262, Lot 3, DP 811908 and Lot 1, DP 1189640, 353 Hogbin Drive, Coffs Harbour

 

Non-Pecuniary – Less Than Significant Conflict as he is a panel member of the JRPP – if discussion takes place he will leave the Chamber

Cr Denise Knight

SC18/35 – JRPP – Development Application No. 0857/18 – Educational Establishment (Addition – New Two Storey Learning Facility, Twenty Six Space Car Park and Landscaping) – Lot 1 DP 1030262, Lot 3, DP 811908 and Lot 1, DP 1189640, 353 Hogbin Drive, Coffs Harbour

Non-Pecuniary – Less Than Significant Conflict as she is a panel member of the JRPP – if discussion takes place she will leave the Chamber

 

Apologies

There were no apologies.

 

Public forum

Time

Speaker

Item

5.00pm

Phil Tripp

Future ideas for current and post bypass tourism and branding strategies.

5.05pm

Donna Pike

Community topic – Homeless Hub Idea

 

Public Addresses

Time

Speaker

Item

5.10pm

Heather McKinnon

Report GM18/24 – Application of Resources to Expedite Cultural and Civic Space Project.

 

Mayoral Actions Under Delegated Authority

No mayoral actions under delegated authority.

 

Confirmation of Minutes

2018/196

Resolved (Cr Michael Adendorff / Cr George Cecato)

That the minutes of the Ordinary Meeting held on 23 August 2018 be confirmed.

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

Carried

 

General Manager's Reports

 

GM18/24         Application of Resources to Expedite Cultural and Civic Space Project

 

Executive Summary

This report has been prepared to consider the resources necessary to expedite the Cultural & Civic Space project according to Resolution 2018/126, part 2 “In progressing the Cultural and Civic Space project, ensure that resources available to the project are applied in the most efficient manner to ensure the project is expedited, and further that implementation status project briefing notes be provided to Councillors on a quarterly basis”.  Subsequent research has investigated ways to implement the resolution that protect the project budget, protect the delivery of outcomes, offer a prudent approach and satisfy local government procurement requirements.  Analysis has confirmed that, to expedite the project, resources need to be applied more intensively and expenditure brought forward. The method of procurement needs to be adjusted accordingly.

 

Impact Group has conducted a structured process to recommend a revised method of procurement. Their recommendation is essentially to, in part:

 

1.   Parallel Schematic Design (SD) and writing of the Development Application (DA); and

2.   Engage a pre-qualified building contractor earlier in the design process with the acknowledgement of a guaranteed maximum price.

 

The recommended method of procurement increases buildability in the design, enables early works such as demolition and site preparation to be brought forward, is expected to result in a shorter construction period and reduces asset sale risks to the project.

 

To implement the recommendation,

 

1.       Funds for SD and DA will need to be spent at a faster rate such that $2m would be required in 2018/19 instead of $500k currently allocated, with the additional $1.5m to be sourced from the T2S Reserve; and

2.       Council commitment of full project funds would be required approx April 2019, after a review of SD and associated budget refinement, to enable early engagement of the contractor.

 

2018/197

Resolved (Cr Denise Knight / Cr George Cecato)

That Council:

1.       Endorse the revised method of procurement “Construction Management with 2 Stage Early Contractor Involvement”.

2.       Authorise $1.5m to be transferred from the T2S Reserve in the 2018/19 budget year to parallel Schematic Design & Development Application writing with no change to the project budget of $76.5m.

3.       Note that commitment of full project funds by Council would be required once Schematic Design is completed and before the Development Application submitted.

4.       Note that the method of procurement facilitates timing of Council asset sales.

5.       Endorse the pursuit of grant opportunities to offset project costs.

 

For:         Crs Knight, Adendorff, Arkan, Cecato, Swan and Townley

Against:  Crs Amos and Rhoades

Carried

 

 

Notices of Motion – General

 

NOM18/21      Bunker Cartoon Gallery - Additional Funds

 

Motion (Cr Keith Rhoades / Cr John Arkan)

That Council contribute an additional amount of $20,000 to the two initial payments identified in the adopted motion on the Bunker Cartoon Gallery passed at the last Ordinary meeting of Council conducted on 9 August 2018.

 

Amendment

2018/198

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council: 

1.         Provide $10,000 for the Historical Exhibition research and demonstration exhibit with a matching contribution of $10,000 from Bunker Cartoon Gallery Inc.

2.         Provide a letter committing Council to $100,000 towards the completion of a construction certificate on the provision that:

                 i.          Bunker Cartoon Gallery provides a funding contribution of $15,000 toward the construction certificate;

                ii.          Shovel ready status of the project is achieved with the DA approved; and

               iii.          Bunker Cartoon Gallery Inc. is successful in securing adequate funding from State/Federal sources to enable the proposal to be constructed.

3.      That the total of $110,000 Council funding is to be provided from the Strategic Initiatives Reserve.

For:         Crs Knight, Adendorff, Arkan, Cecato, Rhoades and Swan

Against:  Cr Townley and Cr Amos (abstention)

 

The Amendment on being put to the meeting was carried.

The AMENDMENT then became the MOTION.

 

For:         Crs Knight, Adendorff, Arkan, Cecato, Rhoades and Swan

Against:  Cr Townley and Cr Amos (abstention)

Carried

 

 

 

 

 

 

General Manager's Reports

 

 

GM18/25         Business Incentive Policy

 

Executive Summary

The draft Business Incentive Policy was considered by Council in June 2018 and placed on public exhibition for a period of 21 days.  During the submission period, Council received one submission which provided a request to allow the Small Business Incentive outlined within the draft policy to be available to initial construction applications, so as to allow bespoke businesses to be established, which will not fit within the current building supply within the incentive area.

 

The request within the submission has been considered and as the Small Business Incentive component of the policy had been inserted so as to encourage the utilisation of the underutilised floor space within the incentive area, the amendment of the policy to be in line with the submission may not create that desired encouragement.

 

Council supports business development and growth and has prepared this policy to offer a range of developer contribution and charge incentives to encourage new businesses and the expansion of existing businesses.  This policy is aimed at facilitating the development of businesses as they go through the challenging development phase.

 

 

Motion (Cr Michael Adendorff / Cr George Cecato)

1.    That Council adopt the Business Incentive Policy (Attachment 1) with the change of the figure from 40% to 100% in the Employment Generating Incentive and advise the submitter of Council’s decision.

2.   Report on effect submitted back to Council after 12 months including a review of the Incentive levels.

 

At 6.32pm, Cr Denise Knight left the meeting and returned at 6.36pm but did not assume the Chair at this time.  Cr Cecato assumed the Chair.

 

Amendment

 

MOTION (Cr Paul Amos / Cr Tegan Swan)

That Council adopt the Business Incentive Policy (Attachment 1) and advise the submitted of Council’s decision.

 

 

AMENDMENT put

2018/199

Resolved (Cr Paul Amos)

That the amendment be put.

 

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

Carried


 

 

 

2018/200

Resolved (Cr Paul Amos / Cr Tegan Swan)

That Council adopt the Business Incentive Policy (Attachment 1) and advise the submitter of Council’s decision.

For:         Crs Knight, Amos, Rhoades, Swan and Townley

Against:  Crs Adendorff, Arkan and Cecato

 

The Amendment on being put to the meeting was carried.

 

The AMENDMENT then became the MOTION.

 

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

Carried

 

Cr Denise Knight resumed the Chair at 7.01pm.

 

Directorate Reports - Business Services

 

 

BS18/49          Monthly Financial Performance Report for the month ended 31 July 2018

 

Executive Summary

This report presents the Monthly Financial Performance Report for 31 July 2018.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  The projected year to date surplus is $89.9M with the actual year to date being $89.9M.  The surplus result will reduce over the course of the year as Council delivers services to the community.

 

The explanation of year to date variances is contained within the Income Statement commentary under Issues for variances greater than 10%.  There are individual recurrent revenue sources with variances but overall recurrent revenue is on track, similarly for recurrent expenditure.  Capital revenue had a negative income primarily due to accrual reversals for grant income on major capital projects, the variances are timing differences which will decrease over the coming months.

 

The capital expenditure target for the current financial year is $83.8M with $3.2M expended to date to the end of July.

 

2018/201

Resolved (Cr Michael Adendorff / Cr Tegan Swan)

That Council note the Monthly Financial Performance Report for 31 July 2018.

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

 

Carried

 

The General Manager left the meeting, the time being 7.05pm, the Director Business Services assumed the General Manager’s chair.

 

 

BS18/50          Certification of 2017/2018 Annual Financial Statements

 

Executive Summary

The draft Annual Financial Statements, which includes the General Purpose Financial Statements, the Special Purpose Financial Statements and the Special Schedules, are required to be certified to meet legislative requirements in relation to the completion and audit of the Annual Financial Statements for 2017/2018.

 

2018/202

Resolved (Cr Tegan Swan / Cr George Cecato)

That Council approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms for 2017/2018 for completion by the designated signatories.

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

Carried

 

The General Manager returned to the meeting at 7.09pm.

 

 

 

BS18/51          Proposed Revotes for the Year Ended 30 June 2018

 

Executive Summary

This report summarises the unspent funds proposed to be revoted from the 2017/18 Operational Plan budgets into the 2018/19 Operational Plan budgets.  It is recommended that $1,821,390 of operational expenditure and $33,824,887 of capital expenditure be revoted.  Included in the Capital expenditure is $12,068,449 to complete the International Stadium project.

 

These revotes are necessary due to a variety of reasons including timing (project spans financial years), contractual obligations, commitments or monies held aside for specific purposes.  Council’s leadership teams have undergone a rigorous screening of all revotes to minimise their extent.  All revotes have been considered in line with Council’s strategic plan and the Long Term Financial Plan.

 

A detailed Summary of revotes by Directorate is provided in the body of the report along with the implications on the 2018/2019 Operational Plan budgets by Fund.

 

2018/203

Resolved (Cr Tegan Swan / Cr George Cecato)

That Council:

1.       Adopt the various revotes from 2017/2018 to 2018/2019 as detailed in the body of report and the attachment.

2.       Note the impacts of the proposed revotes on the 2018/19 Consolidated Income Statement as follows:

2018/19 Original Budget

2018/19 Proposed Budget

Recurrent Revenue

$‘000s

‘000s

Rates & Annual Charges

97,342

97,342

User Charges & Fees

33,263

33,263

Interest & Investment Revenue

4,251

4,251

Other Revenues

16,676

16,676

Grants & Contributions provided for Operating Purposes

13,383

13,420

RECURRENT REVENUE

164,915

164,952

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

48,363

48,363

Borrowing Costs

9,723

9,723

Materials & Contracts

107,974

143,619

Depreciation & Amortisation

38,906

38,906

Other Expenses

10,026

10,026

Less: Capitalised Expenses

(50,013)

(83,838)

RECURRENT EXPENDITURE

164,979

166,799

 

 

 

NET OPERATING (DEFICIT)

(64)

(1,847)

 

 

 

Capital Revenue

 

 

Capital Grants, Subsidies, Contributions and Donations

18,051

28,026

CAPITAL REVENUE

18,051

28,026

 

 

 

NET SURPLUS

17,987

26,179

 

 

 

FUNDING SOURCES FOR PROPOSED REVOTES

 

 

Operating Funding

 

 

Net Surplus

17,987

26,179

Transfer to Reserves

(18,446)

(18,446)

Transfer from Unexpended Loans

10,080

19,241

Transfer from Reserves

15,480

24,849

Total Operating Funding

25,101

51,823

 

 

 

Capital Funding

 

 

Loan Advance

5,500

5,500

Depreciation

38,906

38,906

Total Capital Funding

44,406

44,406

 

 

 

Total Funding

69,507

96,229

 

 

 

Allocation of Funding

 

 

Constructed and Purchased Assets

(50,013)

(83,838)

Loan Redemptions

(20,712)

(20,712)

Total Allocation of Funding

(70,725)

(104,550)

 

 

 

Budgeted (Reduction) in Cash

(1,218)

(8,321)

 

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

Carried

 

 

 

 

BS18/52          Woolgoolga Car Parking - Repeal of Developer Contributions Plan

 

Executive Summary

The Woolgoolga Town Centre Car Parking Developer Contributions Plan has been in existence for a number of years and the works outlined within the contributions plan have now been undertaken and are complete.  No further contributions are being levied under the Woolgoolga Town Centre Car Parking Developer Contributions Plan, as the total contributions provided under the contributions plan have now been collected.

 

Council forward funded the acquisition of the properties identified in the plan and was able to recoup the funding utilised to achieve the objectives of the contributions plan totalling $538,967.  The recoupment of these funds was resolved by Council on the 26 April 2018 (resolution no. 2018/96).  The allocation of these recouped funds will assist with (partial) funding toward the Woolgoolga Beach Reserve Improvement Project and potentially the Woolgoolga Town Centre Masterplan Implementation.

 

In addition, a remaining balance of $49,424.20 is held as part of this now redundant plan.  These funds were accumulated from savings achieved in the construction of the 80 car spaces that are stipulated in the plan.  It would now be prudent to repeal the Woolgoolga Town Centre Car Parking Developer Contributions Plan and allocate the remaining funds accordingly.

 

2018/204

Resolved (Cr Paul Amos / Cr Sally Townley)

That Council:

1.      Repeals the Woolgoolga Town Centre Car Parking Developer Contributions Plan and approves to issue a publication with a notice of intention to repeal.

 

2.      Approve the remaining funds of $49,424.20 be allocated to further assist in car parking provisions in the Woolgoolga Town Centre. 

 

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

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC18/32          Planning Proposal PP_2017_COFFS_005_00 Braford Drive and Irvines Road, Bonville: Post-Exhibition; Draft Coffs Harbour Development Control Plan 2015 (Amendment No.9)

 

Executive Summary

At its Ordinary Meeting of 9 November 2017, Council resolved to support and exhibit a Planning Proposal to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to correct mapping errors on two properties following the May 2017 zoning of the Bonville Large Lot Residential Release Area. Council also resolved to exhibit the relevant draft maps of Coffs Harbour Development Control Plan (DCP) 2015 corresponding with the LEP amendment.

The NSW Department of Planning and Environment (DPE) issued a Gateway Determination on 25 January 2018. The Planning Proposal was exhibited from 11 April 2018 to 11 May 2018. Three submissions were received from government and agencies, which are discussed in this report. No community submissions were received. The intent of the Planning Proposal has not been altered as a result of the Public Exhibition.

The Planning Proposal is consistent with the North Coast Regional Plan 2036; applicable section 9.1 Ministerial Directions, State Environmental Planning Policies, and Council’s MyCoffs Community Strategic Plan.

The report recommends that Council endorse and finalise the Planning Proposal (Attachment 1) under delegation; adopt the draft DCP maps (Attachment 2); and notify government agencies and landowners of Council’s decision.

 

2018/205

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

1.       Endorse Planning Proposal PP_2017_Coffs_005_00 Braford Drive and Irvines Road, Bonville Version 3 Post-Exhibition (Attachment 1) to amend Coffs Harbour Local Environmental Plan 2013 to rezone part of Lot 914, DP 870329, Braford Drive, Bonville and part of Lot 501, DP 858180 Irvines Road, Bonville to R5 Large Lot Residential and E2 Environmental Conservation and amend associated development controls on the subject land.

2.       Delegates to the General Manager the authority issued by the NSW Department of Planning and Environment to exercise the functions of the Minister under section 3.36 of the Environmental Planning and Assessment Act 1979 for the purpose of finalising this Planning Proposal.

3.       Continues to consult with the NSW Department of Planning and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of the Planning Proposal.

4.       Endorses Coffs Harbour Development Control Plan 2015 Amendment No.9 (Attachment 2) to come into effect upon the making of the changes to Coffs Harbour Local Environmental Pan 2013.

5.      Inform the parties who made submissions to the Planning Proposal and the land owners of Lot 914 DP 870329 and Lot 501 DP 858180, of Council’s decision.

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

Carried

 

 

 

SC18/33          Planning Proposal to Include the First Sikh Temple at 6 Hastings Street, Woolgoolga In Schedule 5 (Environmental Heritage) of LEP 2013

 

Executive Summary

At its Ordinary Meeting of 12 April 2018, Council resolved to support a Planning Proposal to update Schedule 5 (Environmental Heritage) of Coffs Harbour Local Environmental Plan (LEP) 2013 by including the First Sikh Temple, 6 Hastings Street, Woolgoolga as a local heritage item.

Following the issue of a Gateway Determination by NSW Department of Planning and Environment on 16 May 2018 (Attachment 2), public exhibition of the Planning Proposal was undertaken between 11 July 2018 and 8 August 2018. No public submissions were received during this exhibition period. One Government agency submission was received in support of the proposal (Attachment 3).

The purpose of this report is to seek endorsement from Council of a final Planning Proposal (Attachment 1) to amend Coffs Harbour LEP 2013 to identify the First Sikh Temple, 6 Hastings Street, Woolgoolga as a local heritage item.

 

2018/206

Resolved (Cr John Arkan / Cr Tegan Swan)

That Council:

1.     Endorse Planning Proposal PP_2018_COFFS_001_00 to amend Coffs Harbour Local Environmental Plan 2013 to identify the First Sikh Temple, Lot 2 Section 35 DP 759113, 6 Hastings Street, Woolgoolga as a local heritage item (Attachment 1).

2.    Delegate to the General Manager the authority issued by the NSW Department of Planning and Environment to exercise the functions of the Minister under Section 3.36 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising this Planning Proposal.

3.     Continue to consult with the NSW Department of Planning and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of the Planning Proposal.

4.    Informs the land owner of Council’s decision.

 

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

Carried

 

 

 

 

SC18/34          Water Sensitive Urban Design (WSUD) Guideline - Revision

 

Executive Summary

The Water Sensitive Urban Design (WSUD) Guideline applies best practice stormwater management to new development to maintain, protect and improve the health of our waterways. To achieve these objectives, the guideline requires development to implement stormwater treatment and detention measures (‘WSUD measures’) that reduce stormwater pollutants by a specified amount and maintain peak flow rates to pre-development levels.

The Coffs Harbour City Council Water Sensitive Urban Design (WSUD) Policy and Guideline were originally adopted by Council at its Ordinary Meeting of 25 June 2009. More recently in 2017, Council staff undertook a review of the WSUD Policy and Guideline. The outcomes of this review identified that the Policy was no longer required and that the content from the policy would sit better in the Guideline which was given statutory weight by Coffs Harbour Development Control Plan (DCP) 2015. The review also highlighted the need for a more detailed review of the content within the guideline to ensure that it was based on current industry best practice.

Council at its Ordinary Meeting of 9 November 2017 resolved to include the content from the WSUD Policy into the WSUD Guideline as part of the first housekeeping review of Coffs Harbour DCP 2015.

The purpose of this report is to now seek Council’s endorsement for minor updates to the content within the WSUD Guideline (Attachment 1) to ensure that it is based on industry best practice.

 

2018/207

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council adopt the revised Water Sensitive Urban Design (WSUD) Guideline (Attachment 1).

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

Carried

 

 

 

 

SC18/35          JRPP – Development Application No. 0857/18 - Educational Establishment (Addition - New Two Storey Learning Facility, Twenty Six Space Car Park and Landscaping) - Lot 1 DP 1030262, Lot 3, DP 811908 And Lot 1, DP 1189640, 353 Hogbin Drive, Coffs Harbour

 

Executive Summary

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application 0857/18DA, has been lodged with the Joint Regional Planning Panel (Northern Region). 

The proposal is for a new two storey building to be used for teaching health related subjects to students attending Southern Cross University within the Coffs Harbour Education Campus. Ancillary to the proposed building works is associated earthworks, car parking, pedestrian pathways and landscape works.

The estimated cost of construction is $12 million.  Under State Environmental Planning Policy (State and Regional Development) 2011, developments undertaken by or on behalf of the Crown with a capital investment value of more than $5 million, are required to be determined by the Joint Regional Planning Panel and not Council.

A copy of the development assessment report that has been provided to the Joint Regional Planning Panel is appended to this report.  It is recommended that the content of this report be noted.

 

2018/208

Resolved (Cr John Arkan / Cr Michael Adendorff)

That Council note the report.

 

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

Nil

 

 

Close of Meeting

The Meeting closed at 7.18pm.

 

Confirmed:  27 September 2018

 

 

 

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

Denise Knight

Mayor