Ordinary Council Meeting Minutes                                                 28 February 2019

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON
Thursday, 28 February 2019 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:                    Director Sustainable Infrastructure, Director Sustainable Communities, Director Business 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

Andrew Beswick

GM19/04 Prosper Coffs Harbour Ltd Constitution

Non-Pecuniary - Less Than Significant Conflict as a Director and Company Secretary of Prosper.

Cr Denise Knight

GM19/04 Prosper Coffs Harbour Ltd Constitution

Non-Pecuniary - Less Than Significant Conflict as on the Board of Prosper.

Cr Denise Knight

SI19/04 City Centre Upgrade Budget Adjustment

Non-Pecuniary - Less Than Significant Conflict as on the City Centre Master Plan Committee.

 

Apologies

No apologies.

 

Public Addresses

No public addresses.

 

Public forum

No public forums.

 

Mayoral Actions Under Delegated Authority

No Mayoral actions under delegated authority.

 

Confirmation of Minutes

2019/14

Resolved (Cr Paul Amos / Cr George Cecato)

That the minutes of the Ordinary Meeting held on 14 February 2019 be confirmed.

 

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

Carried

 

 

General Manager's Reports

 

GM19/03         Conduct of the 2020 Ordinary Local Government Elections

 

Executive Summary

The next Local Government ordinary election is due to be held on 12 September 2020. NSW Councils have a number of options in how their elections can be administered within their Local Government Area, which include:

·     Entering an election arrangement by contracting the NSWEC to administer all elections, or

·     Not engaging the NSWEC and the elections of the Council be administered by the General Manager, or

·     Not engaging the NSWEC and engage another electoral services provider to administer all elections of the Council

Under section 296AA of the Local Government Act 1993 (the Act), Council must, by no later than 18 months before the next ordinary election of councillors, decide on how the September 2020 ordinary elections are to be administered.  However, the NSW State Government recently approved a review by the Independent Pricing and Regulatory Tribunal (IPART) of the costs of conducting local government elections in NSW.  This review could impact the administration of the September 2020 council elections, The Office of Local Government (OLG) have advised that there is a proposal to introduce legislation following the NSW State Election to amend the Act and extend the deadline for councils to make a decision on the administration of their elections to 1 January 2020.

This report details consideration into the best method of administering the 2020 election, with due regard to some uncertainty created by the IPART review.

2019/15

Resolved (Cr George Cecato / Cr Tegan Swan)

That Council, subject to the outcome of the Independent Pricing and Regulatory Tribunal (IPART) review into the costs of conducting local government elections in NSW, resolves:

1.    Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2.    Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3.    Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

 

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

Carried

 

 

 

GM19/04         Prosper Coffs Harbour Limited Constitution

 

Executive Summary

Prosper Coffs Harbour Limited is seeking Councils endorsement to adopt an amended constitution.

2019/16

Resolved (Cr Tegan Swan / Cr Michael Adendorff)

That Council adopt the amended constitution for Prosper Coffs Harbour Limited.

 

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

Carried

 

 

 

GM19/05         Membership - Australian Coastal Councils Association Inc.

 

Executive Summary

Council is a member of Australian Coastal Council’s Association Inc.; however, Council has not actively participated in the Association’s activities over recent years.  Council can access relevant advice and support on coastal management matters from the NSW Office of Environment and Heritage (OEH) and advocate for the community on coastal issues through its other Local Government sector memberships.  On that basis, it is considered appropriate to review Council’s ongoing membership of the Association.

2019/17

Resolved (Cr Tegan Swan / Cr Sally Townley)

That Council discontinues its membership of Australian Coastal Councils Association Inc. from 2018-19.

 

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

Carried

 

 

 

GM19/06         Leasing and Licensing Policy for Community Organisations

 

Executive Summary

The Council Property Strategy 2018-2021, adopted in March 2018, identified areas where improvement work was required on the leasing or licencing of property to community users.  This work has now been undertaken and has resulted in the provision of a Leasing and Licensing Policy for Community Organisations (Attachment 1), a Guideline for Assessment of Rental for Community Tenants (Attachment 2) and a Guideline for Conditions of Tenure for Community Organisations (Attachment 3).

Under the Policy and Guidelines, rental assessments are recommended to be calculated taking into account market valuation, type of entity and tenant’s capacity to pay.  The impact of this assessment will also allow for the effective measurement of Council’s contribution to community providers through the provision of subsidised rental.

The Policy and Guidelines, for the first time, provide a transparent and equitable process to be applied across all of the Coffs Harbour community who wish to utilise Council controlled.

As resolved by Council 11 October 2018 – Item BS18/57, the draft Policy and Guidelines have been through a public exhibition period.  Several suggestions were lodged and considered and the documents updated as required.  Adoption of the Policy is now sought.

 

Motion (Cr Paul Amos / Cr Michael Adendorff)

That Council:

1.         Adopt the Leasing and Licensing Policy for Community Organisations subject to early childhood educational facilities being exempted from the proposed Coffs Harbour Council Leasing and Licensing Policy and those premises continue to be assessed on an individual basis through Council officers.

2.         Note the Guideline for Assessment of Rental for Community Tenants and the Guideline for Conditions of Tenure for Community Organisations.

 

Amendment

2019/18

Resolved (Cr Denise Knight / Cr Tegan Swan)

That Council:

1.         Adopt the Leasing and Licensing Policy for Community Organisations.

2.         Note the Guideline for Assessment of Rental for Community Tenants and the Guideline for Conditions of Tenure for Community Organisations.

3.         Receive a report on the progress of this policy to the second meeting of February 2020.

 

For:         Crs Knight, Cecato, Rhoades and Swan

Against:  Crs Adendorff, Amos, Arkan and Townley

The AMENDMENT on being put to the meeting resulted in a tied vote.  The Mayor used her casting vote and the AMENDMENT was declared CARRIED, it then became the MOTION.

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

Carried

 

 

 

GM19/07         2019 National General Assembly of Local Government - Call for Motions

 

Executive Summary

This report provides notice that the Australian Local Government Association (ALGA) has advised that conference motions to be considered at the next National General Assembly (NGA) of Local Government are to be matters of policy significance to local government nationally and are to be submitted to ALGA by Friday 29 March 2019.

2019/19

Resolved (Cr John Arkan / Cr Sally Townley)

That:

1.         Councillors submit any motions in line with the Australian Local Government Association Discussion Paper to the General Manager by Thursday 7 March 2019.

2.         A separate report of any motions received, be submitted for the Council Meeting of Thursday 28 March 2019.

 

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

Carried

 

 

Directorate Reports - Business Services

 

BS19/06          Bank and Investment Balances for January 2019

 

Executive Summary

Council’s Bank Balances and Investments as at 31 January 2019 totalled $209,690,241.80.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the My Coffs Community Strategic Plan.

Also included in the monthly report is a summary of Council’s Socially Responsible Investment Performance (refer Attachment 1).

2019/20

Resolved (Cr Tegan Swan / Cr George Cecato)

That Council note the bank balances and investments totalling $209,690,241.80 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 January 2019.

 

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

Carried

 

 

 

BS19/07          Quarterly Budget Review Statement for December 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.

This report summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.

2019/21

Resolved (Cr George Cecato / Cr Tegan Swan)

That Council:

 

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

2018/19 Original Budget 

2018/19 Revised Budget

2018/19 Projected Budget

2018/19 Dec YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

$97,342

$97,342

$98,912

$96,979

User Charges & Fees

$33,263

$42,584

$42,584

$22,629

Interest & Investment Revenue

$4,251

$4,311

$4,311

$3,319

Other Revenues

$16,676

$16,873

$15,380

$5,105

Grants & Contributions provided for Operating Purposes

$13,383

$13,538

$14,089

$5,659

RECURRENT REVENUE

$164,915

$174,648

$175,276

$133,691

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

$48,363

$52,147

$52,233

$30,238

Borrowing Costs

$9,723

$9,780

$9,780

$3,857

Materials & Contracts

$107,974

$152,209

$155,920

$51,747

 

 

 

 

 

 

2018/19 Original Budget 

2018/19 Revised Budget

2018/19 Projected Budget

2018/19 Dec YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Depreciation & Amortisation

$38,906

$43,042

$43,042

$20,170

Other Expenses

$10,026

$10,879

$11,370

$5,758

Less: Capitalised Expenses

(50,013)

(89,477)

(92,923)

(24,634)

RECURRENT EXPENDITURE

$164,979

$178,580

$179,422

$87,136

 

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

($64)

($3,932)

($4,146)

$46,555

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

$18,051

$34,364

$36,492

$8,000

CAPITAL REVENUE

$18,051

$34,364

$36,492

$8,000

 

 

 

 

 

NET SURPLUS

$17,987

$30,432

$32,346

$54,555

 

2.    Approve the following budget adjustments:

2.1.  $214,362 increase in the budgeted net operating deficit;

2.2.  $2,127,724 increase in budgeted capital revenue to be received;

2.3.  $3,446,023 increase in the budgeted level of capital expenditure.

 

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

Carried

 

 

 

BS19/09          Release of Restriction on Use of Land Related to Properties Known as 2-8 Cobia Close, Korora

 

Executive Summary

Council has been requested by the legal representative of OpalCoffs Holdings Pty Limited to release a restriction on the use of land it owns known as numbers 2, 4, 6 and 8 Cobia Close, Korora.  The restriction prohibits development on a 10 metre wide portion of the properties adjoining the southern boundary of 2 to 6 Cobia Close and the southern and eastern boundary of 8 Cobia Close.  The properties are newly created residential lots developed by the above company and are heavily restricted by the encumbrance which limits their potential for dwelling construction.  The restriction was created in 1990 and was at the time required as a buffer to existing residential dwellings from the Opal Cove Resort.  Today plans for the extension of the resort have been abandoned at this location and the land has been developed as a low density tradition residential subdivision known as Korora Beach Estate.  As such the restriction affecting the 4 lots which is in favour of Council is no longer required.

2019/22

Resolved (Cr Sally Townley / Cr Denise Knight)

1.         The matter be deferred until such time as adjoining and affected properties have been notified of this proposal and have had the opportunity to comment on this proposal.

2.         Investigate underground infrastructure and report back on potential impacts.

 

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

Against:  Crs Adendorff and Rhoades

Carried

 

 

 

BS19/10          Australasian Local Government Performance Excellence Program FY2018 Report 

 

Executive Summary

In 2013 PwC Australia and LG Professionals NSW worked in collaboration to create the Australasian LG Performance Excellence Program.  The program uses PwC’s local government experience and analytics expertise to provide a local government sector based benchmarking approach.  Participants now include 139 Councils, 65 from New South Wales, 21 from New Zealand, 23 from South Australia, 28 from Western Australia, 1 from Queensland and 1 from the Australian Capital Territory.  Like Coffs Harbour City Council, 64% of participants or 89 Councils have resident populations between 10,001 and 100,000, and 40% of participants or 55 Councils are classified as Regional Councils.

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program and 2018 represents Council’s third year of participation.

This report presents to Council the 2017-18 Performance Excellence Report for Coffs Harbour City Council.  The results of the program will continue to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

2019/23

Resolved (Cr Tegan Swan / Cr Sally Townley)

That Council note the report.

 

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

Carried

 

Directorate Reports - Sustainable Communities

 

SC19/01          Planning Proposal to Rezone Land - Lot 111 DP 730304, 7 Tasman Street, Corindi Beach - Version 1 Pre Gateway Determination

 

Executive Summary

An application has been received by Council to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to enable low density residential development and tourist and visitor accommodation (a motel) on 7 Tasman Street, Corindi Beach (Lot 111 DP 730304). 

The subject land is one of the last remaining significant greenfield sites in the coastal village of Corindi Beach. The land is included in the growth area footprint of Council’s Local Growth Management Strategy (Urban Lands Component 2008) and North Coast Regional Plan 2036.

The purpose of this report is to seek Council’s endorsement to initiate a Planning Proposal (Attachment 1) to amend Coffs Harbour LEP 2013 to rezone the subject land from Zone RU2 Rural Landscape to Zone R1 General Residential and R2 Low Density Residential.

This report also seeks Council’s endorsement to amend Coffs Harbour Development Control Plan (DCP) 2015 (Attachment 2) to align with the proposed land use zones.

2019/24

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.         Endorse and forward a Planning Proposal (Attachment 1) to rezone land on Lot 111 DP 730304, 7 Tasman Street, Corindi Beach to NSW Planning and Environment seeking a “Gateway Determination”.

2.         Request that the Secretary of NSW Planning and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 3.36(2) of the Environmental Planning and Assessment Act in respect of the Planning Proposal.

3.         Resolve to publicly exhibit the Planning Proposal and undertake government agency consultation based on the Gateway Determination issued by NSW Planning and Environment.

4.         Resolve to publicly exhibit Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 12 (7 Tasman Street Corindi Beach) (Attachment 2) concurrently with the associated Planning Proposal.

5.         Note that a further report will be brought back to Council for consideration following public exhibition of the Planning Proposal and Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 12.

 

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

Carried

 

 

 

SC19/02          Development Application No. 0472/18 - Demolition of Buildings (Five) - Lots 5, 6, 7, 8, 9 and 10, Sec 67, DP 758258, 357 Harbour Drive, Coffs Harbour

 

Executive Summary

This report provides an assessment of Development Application 0472/18DA for the demolition of five (5) buildings at Lots 5, 6, 7, 8, 9 and 10, Section 67 DP 758258, 357 Harbour Drive, Coffs Harbour.

At its meeting of 22 August 2013, Council adopted the ‘Development Applications - Consideration by Council Policy’, which outlined:

That development applications for approval involving substantial aspects of the following elements be referred to Council for determination:

a)   Significant public interest and community input;

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

c)   Significant land use; and

d)   Major environmental issues.

The proposal involves the demolition of a building, referred to in this Report as Building 5, that has known heritage values. The proposed demolition of this building may result in major environmental and social impacts. Accordingly, this matter is reported to Council for determination in accordance with part d) of the Council resolution.

It is recommended that the application be determined in accordance with section 4.16 (4)(b) of the Environmental Planning & Assessment Act 1979 by way of a ‘partial consent’. It is recommended that the development be approved, with the exception of the demolition of the building referred to in the submitted application and as shown on the ‘Demolition Plan’, prepared by Bennell & Associates, as Building 5 (the former Forestry Commission headquarters building).

 

Motion (Cr George Cecato / Cr Tegan Swan)

That Council:

1.         Approve Development Application No. 0472/18 being Demolition of Buildings (Five) at Lots 5, 6, 7, 8, 9 and 10, Sec 67, DP 758258, 357 Harbour Drive, Coffs Harbour subject to the following conditions:

ADMINISTRATIVE CONDITIONS

 

Development Description:

 

1.    Development consent is granted only to carrying out the development described in detail below:

 

(1)          Demolition of Buildings (Buildings 1 – 5, as shown on the ‘Demolition Plan’, prepared by Bennell & Associates). 

 

Prescribed Conditions:

 

2.    The proponent shall comply with the prescribed conditions of development approval under Clauses 97A, 98, 98A - E of Environmental Planning and Assessment Regulation 2000 as are of relevance to this development.

 

Development in Accordance with Plans:

 

3.    The development is to be implemented in accordance with the plans set out in the following table except where modified by any conditions of this consent (Development Consent No 0472/18).

 

 

 

Plan No.

Prepared by

Date stamped by Council

Demolition Plan

Bennell & Associates

14/02/2019

 

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

 

The approved plans endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

 

PRIOR TO COMMENCEMENT OF DEMOLITION WORKS

 

Heritage - Archival Recording:

 

4.    An archival record is to be undertaken of the existing buildings and is to include the interior and exterior of the buildings. A copy of the record is to be submitted to Council prior to commencement of demolition works.

 

In relation to Building 5 the recording should also identify timber species used within the building, examples of construction and location and use of these throughout.

 

This recoding is required to be undertaken by a qualified heritage consultant in accordance with the NSW Guidelines for Archival Recording.

 

Heritage – Interpretation Strategy:

 

5.    An Interpretation Strategy shall be prepared and submitted to Council for approval prior to commencement of demolition works.

 

This Interpretation Strategy for the subject site will be a consideration during the design process for landscaping, public domain areas or to enhance the amenity of the place by utilising a selection of old timbers from the original building and/or a selection of similarly contrasting local species newly sourced, which suitably promote the history of the site previously. Key features such as the timber stairs and moveable features should be considered by the Strategy. 

 

Erosion and Sediment Control:

 

6.    Prior to commencement of work on the site for each stage of the development, erosion and sedimentation control measures are to be installed and operational including the provision of a “shake down” area where required to the satisfaction of the Principal Certifying Authority.

 

Removal of Hazardous Materials:

 

7.    All hazardous materials shall be removed from the site and shall be disposed of at an approved waste disposal facility in accordance with the requirements of the relevant legislation, codes, standards and guidelines, prior to the commencement of any building works.  Details demonstrating compliance with the relevant legislative requirements, particularly the method of containment and control of emission of fibres to the air, are to be submitted to the satisfaction of the Principal Certifying Authority prior to the removal of any hazardous materials.

 

Asbestos Removal

 

8.    Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under Clause 458 of the Work Health and Safety Regulation 2011,

 

The person having the benefit of the development consent must provide the Principal Certifying Authority with a copy of a signed contract with such a person before any development pursuant to the development consent commences,

 

Any such contract must indicate whether any bonded asbestos material or friable asbestos material will be removed, and if so, must specify the landfill site (that may lawfully receive asbestos) to which the bonded asbestos material or friable asbestos material is to be delivered,

 

If the contract indicates that bonded asbestos material or friable asbestos material will be removed to a specified landfill site, the person having the benefit of the development consent must give the Principal Certifying Authority a copy of a receipt from the operator of the landfill site stating that all the asbestos material referred to in the contract has been received by the operator.

 

Demolition Works:

 

9.    All works including (where relevant) the handling and disposal of materials containing asbestos, are to be undertaken in accordance with the relevant requirements of WorkCover NSW, the Work Health and Safety Act 2011 and Australian Standard AS 2601-2001 “The Demolition of Structures”.

 

Prior to demolition all services are to be disconnected and capped off.  Coffs Harbour Water is to be notified two working days prior to demolition of the intention to commence the works.  Disconnection of any sewer drainage lines shall be sealed to prevent ingress of water and debris into the sewerage system.

 

Where water and sewerage services are no longer required the required fee for disconnection being paid to Coffs Harbour Water prior to the commencement of any demolition work.

 

Demolition Bond:

 

10.  A damage deposit and administration fee as determined by Council's Fees and Charges Schedule shall be lodged with Council as a bond to cover possible damage to Council’s property that may result during the removal of demolition material from the site.  The deposit is to be lodged with Council and arrangements made for a dilapidation survey to be undertaken to assess the condition of Council property adjoining the land prior to the commencement of demolition work.

 

DURING DEMOLITION WORKS

 

Approved Plans to be On-Site:

 

11.  A copy of the approved and certified plans, specifications and documents incorporating the conditions of approval and certification shall be kept on the site at all times and shall be readily available for perusal by any officer of Council or the Principal Certifying Authority.

 

Waste and Contamination:

 

12.  The exportation of waste (including fill or soil) from the site must be in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the Office of Environment and Heritage “Waste Classification Guidelines”.

 

Any new information that comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Principal Certifying Authority.

 

Dust Control Measures:

 

13.  Adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood during construction.  In particular, the following measures must be adopted:

 

(1)     All materials shall be stored or stockpiled at the best locations;

(2)     The surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that runoff occurs;

(3)     All vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust or other materials;

(4)     Cleaning of footpaths and roadways shall be carried out regularly;

(5)     Rumble grids being installed at access points to the site.

 

Hours of Work:

 

14.  Construction works are to be limited to the following hours:

 

Monday to Friday 7.00 a.m. - 6.00 p.m.

Saturday 7.00 a.m. - 1.00 p.m. if inaudible from adjoining residential properties, otherwise 8.00 a.m. - 1.00 p.m.

 

No construction work is to take place on Sunday and Public Holidays.

 

Public Way to be Unobstructed:

 

15.  The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances.

 

2.         Advise persons who made a submission on Development Application No. 0472/18 of Council’s decision.

 

Amendment

 

(Cr Sally Townley / Cr Paul Amos)

That Council:

1.         Issue a partial consent in accordance with section 4.16 (4)(b) of the Environmental Planning & Assessment Act 1979 for Development Application No. 0472/18 being Demolition of Buildings (Five) at Lots 5, 6, 7, 8, 9 and 10, Sec 67, DP 758258, 357 Harbour Drive, Coffs Harbour subject to the conditions provided in Attachment 3.

2.         Advise persons who made a submission on Development Application No. 0472/18 of Council’s decision.

 

For:         Cr Townley

Against:  Crs Knight, Adendorff, Amos, Arkan, Cecato, Rhoades and Swan

The AMENDMENT on being put to the meeting was LOST.

2019/25

Resolved (Cr George Cecato / Cr Tegan Swan)

That Council:

1.         Approve Development Application No. 0472/18 being Demolition of Buildings (Five) at Lots 5, 6, 7, 8, 9 and 10, Sec 67, DP 758258, 357 Harbour Drive, Coffs Harbour subject to the following conditions:

ADMINISTRATIVE CONDITIONS

 

Development Description:

 

1.    Development consent is granted only to carrying out the development described in detail below:

 

(1)          Demolition of Buildings (Buildings 1 – 5, as shown on the ‘Demolition Plan’, prepared by Bennell & Associates). 

 

Prescribed Conditions:

 

2.    The proponent shall comply with the prescribed conditions of development approval under Clauses 97A, 98, 98A - E of Environmental Planning and Assessment Regulation 2000 as are of relevance to this development.

 

Development in Accordance with Plans:

 

3.    The development is to be implemented in accordance with the plans set out in the following table except where modified by any conditions of this consent (Development Consent No 0472/18).

 

Plan No.

Prepared by

Date stamped by Council

Demolition Plan

Bennell & Associates

14/02/2019

 

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

 

The approved plans endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

 

PRIOR TO COMMENCEMENT OF DEMOLITION WORKS

 

Heritage - Archival Recording:

 

4.    An archival record is to be undertaken of the existing buildings and is to include the interior and exterior of the buildings. A copy of the record is to be submitted to Council prior to commencement of demolition works.

 

In relation to Building 5 the recording should also identify timber species used within the building, examples of construction and location and use of these throughout.

 

This recoding is required to be undertaken by a qualified heritage consultant in accordance with the NSW Guidelines for Archival Recording.

 

Heritage – Interpretation Strategy:

 

5.    An Interpretation Strategy shall be prepared and submitted to Council for approval prior to commencement of demolition works.

 

 

This Interpretation Strategy for the subject site will be a consideration during the design process for landscaping, public domain areas or to enhance the amenity of the place by utilising a selection of old timbers from the original building and/or a selection of similarly contrasting local species newly sourced, which suitably promote the history of the site previously. Key features such as the timber stairs and moveable features should be considered by the Strategy. 

 

Erosion and Sediment Control:

 

6.    Prior to commencement of work on the site for each stage of the development, erosion and sedimentation control measures are to be installed and operational including the provision of a “shake down” area where required to the satisfaction of the Principal Certifying Authority.

 

Removal of Hazardous Materials:

 

7.    All hazardous materials shall be removed from the site and shall be disposed of at an approved waste disposal facility in accordance with the requirements of the relevant legislation, codes, standards and guidelines, prior to the commencement of any building works.  Details demonstrating compliance with the relevant legislative requirements, particularly the method of containment and control of emission of fibres to the air, are to be submitted to the satisfaction of the Principal Certifying Authority prior to the removal of any hazardous materials.

 

Asbestos Removal

 

8.    Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under Clause 458 of the Work Health and Safety Regulation 2011,

 

The person having the benefit of the development consent must provide the Principal Certifying Authority with a copy of a signed contract with such a person before any development pursuant to the development consent commences,

 

Any such contract must indicate whether any bonded asbestos material or friable asbestos material will be removed, and if so, must specify the landfill site (that may lawfully receive asbestos) to which the bonded asbestos material or friable asbestos material is to be delivered,

 

If the contract indicates that bonded asbestos material or friable asbestos material will be removed to a specified landfill site, the person having the benefit of the development consent must give the Principal Certifying Authority a copy of a receipt from the operator of the landfill site stating that all the asbestos material referred to in the contract has been received by the operator.

 

Demolition Works:

 

9.    All works including (where relevant) the handling and disposal of materials containing asbestos, are to be undertaken in accordance with the relevant requirements of WorkCover NSW, the Work Health and Safety Act 2011 and Australian Standard AS 2601-2001 “The Demolition of Structures”.

 

Prior to demolition all services are to be disconnected and capped off.  Coffs Harbour Water is to be notified two working days prior to demolition of the intention to commence the works.  Disconnection of any sewer drainage lines shall be sealed to prevent ingress of water and debris into the sewerage system.

 

Where water and sewerage services are no longer required the required fee for disconnection being paid to Coffs Harbour Water prior to the commencement of any demolition work.

 

Demolition Bond:

 

10.  A damage deposit and administration fee as determined by Council's Fees and Charges Schedule shall be lodged with Council as a bond to cover possible damage to Council’s property that may result during the removal of demolition material from the site.  The deposit is to be lodged with Council and arrangements made for a dilapidation survey to be undertaken to assess the condition of Council property adjoining the land prior to the commencement of demolition work.

 

DURING DEMOLITION WORKS

 

Approved Plans to be On-Site:

 

11.  A copy of the approved and certified plans, specifications and documents incorporating the conditions of approval and certification shall be kept on the site at all times and shall be readily available for perusal by any officer of Council or the Principal Certifying Authority.

 

Waste and Contamination:

 

12.  The exportation of waste (including fill or soil) from the site must be in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the Office of Environment and Heritage “Waste Classification Guidelines”.

 

Any new information that comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Principal Certifying Authority.

 

Dust Control Measures:

 

13.  Adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood during construction.  In particular, the following measures must be adopted:

 

(1)     All materials shall be stored or stockpiled at the best locations;

(2)     The surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that runoff occurs;

(3)     All vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust or other materials;

(4)     Cleaning of footpaths and roadways shall be carried out regularly;

(5)     Rumble grids being installed at access points to the site.

 

Hours of Work:

 

14.  Construction works are to be limited to the following hours:

 

Monday to Friday 7.00 a.m. - 6.00 p.m.

Saturday 7.00 a.m. - 1.00 p.m. if inaudible from adjoining residential properties, otherwise 8.00 a.m. - 1.00 p.m.

 

No construction work is to take place on Sunday and Public Holidays.

 

Public Way to be Unobstructed:

 

15.  The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances.

 

2.         Advise persons who made a submission on Development Application No. 0472/18 of Council’s decision.

 

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

Against:  Cr Townley

Carried

 

 

 

SC19/03          2017-2021 Delivery Program (Year 2) - Six-Monthly Report - July to December 2018

 

Executive Summary

Under the Local Government Act, Council is required to report six-monthly on its progress against the principal activities detailed in the Delivery Program.

The Six-Monthly Progress Report (for the period 1 July to 31 December 2018) on the Coffs Harbour City Council 2017-2021 Delivery Program (Year 2) is tabled at this time. The Six-Monthly Progress Report identifies achievements and challenges recorded during the reporting period and provides updates on Council services, projects and key operational activities.

There are 240 Operational Plan actions detailed in the six-monthly report. The majority are recorded as being On Track; 30 are listed as Needing Attention and one as Critical, generally reflecting the impacts of external factors.

The report represents the considerable record of achievement by Council and its workforce in delivering positive outcomes for the Coffs Harbour community. The reporting period saw many highlights including:

-     The opening of the new; $450,000 Bardens Bridge at Crossmaglen;

-     The roll-out of the ‘Trading Places’ scheme to enhance footpath use in business areas;

-     Winning the globally-acclaimed International Festivals and Events Association (IFEA) World Festival and Event City Award for the fourth year in a row;

-     Coffs Harbour being named the Most Innovative Regional Council at the inaugural WAVE awards for enterprise development;

-     Steady progress in the planning for a new Cultural and Civic Space in Coffs Harbour;

-     The launch of the “MyCoffs Connect” online directory and calendar of events supporting community groups and service providers;

-     Council’s Jetty4Shores Project winning the NSW Minister for Local Government’s 2018 Award for Innovation in Local Government Engineering;

-     Community engagement to refine concept plans to revitalise City Square;

-     The Woolgoolga Town Centre Masterplan project winning the Urban Design Award at the AILA NSW Landscape Architecture Awards;

-     Council winning the Local Government NSW Award for Culture Change Innovation/Excellence for its Precinct Place Planning Strategy;

-     Coffs Harbour joining the Cities Power Partnership to help tackle greenhouse gas pollution and climate change;

-     Significant investment in upgrading all four Coffs Coast Holiday Parks;

-     An upgrade of digital cinema projection equipment at Jetty Memorial Theatre;

-     Extensive water, sewer and transport asset works;

-     Delivery of land management, environmental and sustainability initiatives; and

-     Delivery of a range of community, economic and sporting programs.

2019/26

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.         Adopts the attached Six-Monthly Progress Report (for the period 1 July to 31 December 2018) on the Coffs Harbour City Council 2017-2021 Delivery Program (Year 2) for public release.

2.         Amends the 2018/19 Operational Plan in regard to the actions detailed in the Issues section of this report.

 

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

Carried

 

 

 

SC19/04          Regulatory Framework Change to Parking Infringements - Government Notification

 

Executive Summary

The New South Wales Treasurer, Dominic Perrottet MP, Minister for Industrial Relations has written to Council’s advising that the State Government has reduced the penalty notice rates issued by State Government authorities by 25%.  The Government has now made further regulatory changes that enable Council’s to determine penalty notice rates within the State Government framework.

At present, penalty notice rates are set by State Legislation at a $112 minimum, which until now, Councils have not had the power to modify. Under the new framework, Councils will have the ability to maintain the current rates set by and indexed annually by the Government or consider and ‘opt in’ to apply a reduced rate for a specified range of offences.

2019/27

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council maintain the current arrangements for regulated penalty notices.

 

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

Carried

 

Directorate Reports - Sustainable Infrastructure

 

SI19/03           Relocation of Lime System to Karangi Water Treatment Plant Contract RFT-1020-TO

 

Executive Summary

It is proposed to relocate the current Lime Dosing facility at the Karangi Water Treatment Plant, due to operational, maintenance and supply risks. This report facilitates the Contract to undertake the work.

2019/28

Resolved (Cr Paul Amos / Cr George Cecato)

That Council:

1.         Allocate an additional amount of $200,000 in the 2018/19 Budget for the Relocation of the Karangi Lime Plant, from unexpended Water Loan funds.

2.         Make provision for $660,000 in the 2019/20 Budget for the Relocation of the Karangi Lime Plant, from unexpended Water Loan funds.

3.         Accepts the tender of Aquatec Maxcon Pty Ltd, ABN 45002250482 for Contract No RFT-1020-TO for the Lump Sum contract amount of $1,075,072.90 incl GST, on the basis that:

3.1.     The tender is advantageous to Council.

3.2.     The Tenderer has the necessary experience in similar works and their ability and performance are satisfactory

3.3.     The Tenderer’s financial capacity is acceptable

4.         That the contract documents be executed under delegated authority by the General Manager

 

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

Carried

 

 

 

SI19/04           City Centre Upgrade - Budget Adjustment

 

Executive Summary

Council’s adopted cashflow budget for the expenditure of CBD Special Rate monies requires adjustment to reflect the significant expenditure will now take place during March, April and May of the current year. Council has recently undertaken procurement actions for the City Square Upgrade Project, including the early procurement of lead-time items such as pavers and furniture. The tendering for a lead contractor has been completed and tenders are currently undergoing assessment with a view to selecting the best value offer in the very near term. In order to now undertake the work, the City Centre Masterplan budget will need to be readjusted to reflect the actual cashflows which will now occur in the current financial year. This report seeks to provide an update of the project status and request Council’s endorsement for this cashflow adjustment.

2019/29

Resolved (Cr Denise Knight / Cr Tegan Swan)

That Council note the report and adopt the following CBD Special Rate Capital Budget for the 2018/19 financial year and note the remaining years will be included in future budgets for consideration by Council.

Capital Project

2018/19

2019/20

2020/21

2021/22

2022/23

City Square Upgrade

$2,745,038

$198,185

 

 

 

City Centre Signage

 

 

$100,000

 

 

Street Furniture

 

 

 

$50,000

 

Park Avenue Artist Lane

 

 

 

$96,000

 

Shade Sails

$268,351

 

 

 

 

Moonee Street Entry Statement

$30,000

 

 

 

 

Sunday Activation (Capital)

$37,281

 

 

 

 

Christmas Activation (Capital)

$14,235

 

 

 

 

Park Avenue Upgrade

 

 

 

 

$400,000

Contingency

$260,112

$10,000

$50,000

$10,000

$10,000

Totals

$3,355,017

$208,185

$150,000

$156,000

$410,000

5 Year Total

$4,279,202

 

 

 

 

Increase Funded From Reserve

$1,621,000

 

 

 

 

 

 

 

 

 

 

Financing:

 

 

 

 

 

Internal Loan Drawdown

$1,516,124

 

 

 

 

Internal Loan Repayments

 

$351,759

$369,347

$387,814

$407,204

Loan Interest

 

$75,806

$58,218

$39,751

$20,360

 

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

Against:  Cr Townley

Carried

 

 

 

SI19/05           Safety and Systems Management Project

 

Executive Summary

The services delivered by Coffs Harbour City Council are diverse and involve varying degrees of environmental, quality and safety risk.  These risks are mitigated through safety and management systems which comply with relevant legislation and guidelines.  With the diversity in the services delivered by Council the scope and complexity of these management systems is daunting. Over recent years compliance with the legislation and guidelines that govern safety, environment and quality has become more onerous and resource intensive. 

To manage safety risk a Safety Management Plan (SMP) has been adopted internally and implementation has commenced. It is proposed that environmental and quality risk in the Council’s high risk areas will be mitigated through the adoption and implementation of a system that is compliant with International Standards Organisation (ISO).   These systems provide a standard framework that are industry best practice, addressing risks within a systematic and accepted structure. 

Further to ISO accredited environmental and quality systems it has become a priority for the Construction Section of Coastal Works to gain accreditation for its safety management under the Federal Safety Commission.  This scheme applies to projects that are directly funded by the Australian Government to a value of $4 million or more.  Established in 2005, the Federal Safety Commissioner works with industry and government stakeholders towards achieving compliance with occupational health and safety standards on Australian building and construction projects.  Council’s Coastal Works will be relocating the water truck mains in preparation for the Coffs Harbour Highway Bypass being funded by the RMS and will be required to have systems compliant with FSC accreditation. These works will be carried out on a commercial basis and return a dividend to Council.  Without FSC and ISO accreditation this commercial opportunity will not be available.

Accredited management systems in environmental, quality and safety will assist the Council organisation in the implementation of the Safety Management Plan and comprehensively manage risks in the high risk operational areas of Council. 

This report aims to address the methodology of how accreditation can be achieved.

2019/30

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.         Endorse the Safety and Systems Management Project for implementation.

2.         Allocate $418,000 from the Coastal Works Business Unit Reserve for the purpose of executing the Project.

 

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

 

QON19/01      View Lines - Coffs Harbour Marine Rescue, Beacon Hill

 

The report was noted.

 

Matters of an Urgent Nature

 

MUN19/03      View Lines - Coffs Harbour Marine Rescue, Beacon Hill

 

Cr Paul Amos requested that staff investigate further the view lines for the Coffs Harbour Marine Rescue, Beacon Hill.

The Director Business Services suggested to put forward a Notice of Motion.

 

Close of Meeting

The Meeting closed at 6.37pm.

 

Confirmed:  14 March 2019

 

 

 

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

Denise Knight

Mayor