Ordinary Council Meeting Minutes                                                               9 May 2019

  Crestclr

MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 9 May 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:                    General Manager, Director Sustainable Infrastructure, Director Sustainable Communities, Director Business Services and Executive Assistant

 

Leave of Absence  Nil

Opening of Ordinary Meeting

The meeting commenced at 5.00 pm 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 Michael Adendorff

SC19/18 Terms of Reference - North Coast Regional Botanic Garden Advisory Committee

Pecuniary interest as an owner of affected property in CBD

Cr George Cecato

BS19/20 Lease of City Hall Bunker to Bunker Cartoon Gallery Inc

Non-Pecuniary - Less Than Significant Conflict as he belongs to the Rotary Club of Coffs City however not a board member of Rotary Club or Bunker Cartoon Inc.

 

Apologies

No apologies.

Public Addresses

Time

Speaker

Item

5.00pm

Graham Knight

BS19/17 Release of Restriction on Use of Land Related to Properties Known as 2-8 Cobia Close, Korora

Cr Rhoades arrived at this point, the time being 5.07pm.

5.05pm

Margaret Cameron

BS19/20 Lease of City Hall Bunker to Bunker Cartoon Gallery Inc

 

Public forum

No public forums.

 

Mayoral Actions Under Delegated Authority

No Mayoral actions under delegated authority.

 

Confirmation of Minutes

2019/63

Resolved (Cr Tegan Swan / Cr John Arkan)

That the minutes of the Ordinary Meeting held on 11 April 2019 be confirmed.

 

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

Carried

 

 

BUSINESS SERVICES REPORTS

 

BS19/17          Release of Restriction on Use of Land Related to Properties Known as 2-8 Cobia Close, Korora

 

Executive Summary

Council considered a report to release a “restriction on use” that precluded development over a 10 metre wide strip affecting 4 vacant properties at 2-8 Cobia Close, Korora on 28 February 2019.  Council passed a resolution at this meeting to defer a decision on the matter subject to the following:

1.   Notify adjoining and affected properties and provide these property owners with the opportunity to comment on the proposal.

2.   Investigate underground infrastructure and report on potential impacts.

The above requests have been completed and this report is brought back to Council for consideration regarding the original proposal to remove the “restriction on use” that precludes development on a 10-metre wide section of the above properties and that legally benefits Council.

 

Motion (Cr Paul Amos / Cr Sally Townley)

That Council:

1.         Agree to release the “restriction on use” that affects Lots 32-35 DP 1237515 known as 2-8 Cobia Close, Korora and as a matter of planning policy, implement a 5m rear setback for Lots 33-35 DP 1237515 known as 2-6 Cobia Close, Korora and a 5m side (east) and 5m rear (south) setback for Lot 32 DP 1237515 known as 8 Cobia Close, Korora and thereby amend Coffs Harbour DCP 2015 accordingly.

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

3.         Agree to execute under seal, if necessary, any legal documents that maybe required to effect release of the restriction.

 

Amendment

 

(Cr John Arkan / Cr Keith Rhoades)

That Council:

1.         Agree to release the “restriction on use” that affects Lots 32-35 DP 1237515 known as 2-8 Cobia Close, Korora.

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

3.         Agree to execute under seal, if necessary, any legal documents that maybe required to effect release of the restriction.

 

Cr Townley gave notice of a FORESHADOWED AMENDMENT

 

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.

 

For:         Crs Adendorff, Arkan, Cecato and Rhoades

Against:  Crs Knight, Amos, Swan and Townley

 

The FORESHADOWED AMENDMENT was then brought forward and became an AMENDMENT.

 

Amendment

2019/64

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.         Agree to release the “restriction on use” that affects Lots 32-35 DP 1237515 known as 2-8 Cobia Close, Korora and as a matter of planning policy, implement a 5m rear setback for Lots 33-35 DP 1237515 known as 2-6 Cobia Close, Korora, and implement 3m front setbacks and a 5m side (east) and 5m rear (south) setback for Lot 32 DP 1237515 known as 8 Cobia Close, Korora and thereby amend Coffs Harbour DCP 2015 accordingly.

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

3.         Agree to execute under seal, if necessary, any legal documents that maybe required to effect release of the restriction.

 

The AMENDMENT on being put to the meeting was CARRIED, it then became the MOTION.

 

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

Against:  Crs Adendorff, Arkan and Rhoades

 

The MOTION on being put to the meeting was declared CARRIED.

 

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

Against:  Crs Adendorff, Arkan and Rhoades

Carried

 

BS19/20          Lease of City Hill Bunker to Bunker Cartoon Gallery Inc

 

Executive Summary

In 1988, Council acquired the land comprising City Hill from the Commonwealth of Australia.  Since that time both The Bunker Cartoon Gallery Incorporated and Council directly have managed the operation of the cartoon gallery.  In 2015, the Bunker Cartoon Gallery Incorporated again entered into a tenure arrangement to manage the facility.  In order for the association to pursue grant funding and to build a proposed $3 million gallery extension, this report requests Council authority to grant a long-term lease of the City Hill Bunker to the Bunker Cartoon Gallery Incorporated.

 

Motion (Cr Denise Knight / Cr Tegan Swan)

1.         That Council grant delegated authority to the General Manager to execute all necessary documents to lease Lot 21 DP 867844 to the Bunker Cartoon Gallery Incorporated for a term of 20 years.

2.         That the lease include a condition that the primary purpose of the facility is the Cartoon gallery (not permitted use).

 

Amendment

 

(Cr John Arkan / Cr George Cecato)

That Council grant delegated authority to the General Manager to execute all necessary documents to lease Lot 21 DP 867844 to the Bunker Cartoon Gallery Incorporated for a term of 20 years.

 

The AMENDMENT on being put to the meeting resulted in a tied vote.  The Mayor used her casting vote and the AMENDMENT was declared LOST.

 

For:         Crs Adendorff, Arkan, Cecato and Rhoades

Against:  Crs Knight, Amos, Swan and Townley

2019/65

Resolved (Cr Denise Knight / Cr Tegan Swan)

1.         That Council grant delegated authority to the General Manager to execute all necessary documents to lease Lot 21 DP 867844 to the Bunker Cartoon Gallery Incorporated for a term of 20 years.

2.         That the lease include a condition that the primary purpose of the facility is the Cartoon gallery (not permitted use).

 

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

Against:  Cr Arkan

Carried

 

 

General Manager's Reports

 

GM19/11         Draft 2017-2021 Delivery Program (Year 3), Draft 2019/20 Operational Plan, Draft 2019-2021 Delivery Program Budgets, Draft 2019/20 Fees and Charges

 

Executive Summary

A council must prepare a Delivery Program after each ordinary election of councillors to cover the principal activities of the council for the 4 year period commencing on 1 July following the election. The council must review its Delivery Program each year when preparing an annual Operational Plan.  The Operational Plan must be adopted before the beginning of each financial year, outlining the activities to be undertaken that year, as part of the Delivery Program.

These documents detail the principal activities and budgets that Council proposes to pursue to help implement the strategies and achieve the objectives set out in the MyCoffs Community Strategic Plan for the Coffs Harbour Local Government Area (LGA).

The draft Operational Plan must be publicly exhibited for at least 28 days and public submissions can be made to the council during the period.

The Draft 2017-2021 Delivery Program (Year 3) and Draft 2019/20 Operational Plan are presented at this time for consideration.  The documents incorporate Council’s Draft Delivery Program Budgets 2019-2021 (for the final two years of this Delivery Program period); and Draft 2019/20 Fees and Charges and have been significantly informed by the Resourcing Strategy that addresses long-term financial, asset and workforce management.

The draft budget incorporates the ‘rate-pegging’ allowance of 2.7% approved for 2019/20.  The 2019/20 budget result forecasts an estimated underlying surplus, that is; before capital revenue, of $2,238,000.  This is comprised of estimated results of $1.207 million surplus for the General Fund, $559,000 surplus for the Water Fund and $472,000 surplus for the Sewer Fund.

This report recommends that the draft documents be placed on public exhibition for community feedback.

2019/66

Resolved (Cr Tegan Swan / Cr Paul Amos)

That Council:

1.         Resolve to place the following documents on public exhibition:

1.1.     Draft 2017-2021 Delivery Program (Year 3);

1.2.     Draft 2019/20 Operational Plan subject to the addition of Cost Centre 4212 Roads Renewal and Upgrade Program of $4,597,342 on page 22 of the Operational Plan as amended and attached (Attachment 1);

1.3.     Draft 2019-2021 Delivery Program Budgets subject to the interfund transactions inclusions as amended and attached (Attachment 2); and

1.4.     Draft 2019/20 Fees and Charges.

2.         Note that the draft documents will be placed on public exhibition for a 28-day period from Monday, 13 May until close of business on Monday, 10 June 2019, and that the community will be encouraged to provide feedback on the documents during that time.

3.         Consider community submissions prior to adopting the final Delivery Program, Operational Plan, Delivery Program Budgets and Fees and Charges documents by 30 June 2019.

 

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

Carried

 

 

Directorate Reports - Business Services

 

BS19/15          Bank and Investment Balances for March 2019

 

Executive Summary

Council’s Bank Balances and Investments as at 31 March 2019 totalled $214,833,655.80.  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).

2019/67

Resolved (Cr Paul Amos / Cr Michael Adendorff)

That Council note the bank balances and investments totalling $214,833,655.80 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 March 2019.

 

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

Carried

 

 

 

BS19/16          Quarterly Budget Review Statement for March 2019

 

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.

2019/68

Resolved (Cr Paul Amos / Cr Tegan Swan)

That Council:

1.         Note the Quarterly Budget Review Statement and the following estimated budget position as at 31 March 2019:

2018/19 Original Budget

2018/19 Revised Budget

2018/19 Projected Budget

2018/19 Mar YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

$97,342

$97,342

$97,442

$96,977

User Charges & Fees

$33,263

$44,154

$49,565

$34,835

Interest & Investment Revenue

$4,251

$4,311

$5,591

$5,107

Other Revenues

$16,676

$15,380

$10,044

$7,153

Grants & Contributions provided for Operating Purposes

$13,383

$14,133

$14,152

$8,423

RECURRENT REVENUE

$164,915

$175,320

$176,794

$152,495

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

$48,363

$52,236

$52,197

$42,471

Borrowing Costs

$9,723

$9,780

$9,780

$6,219

Materials & Contracts

$107,974

$156,333

$154,250

$71,162

 

 

 

 

 

 

2018/19 Original Budget 

2018/19 Revised Budget

2018/19 Projected Budget

2018/19 Mar YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Depreciation & Amortisation

$38,906

$43,042

$44,324

$32,948

Other Expenses

$10,026

$11,635

$11,457

$8,295

Less: Capitalised Expenses

(50,013)

(92,923)

(90,509)

(35,732)

RECURRENT EXPENDITURE

$164,979

$180,103

$181,499

$125,363

 

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

($64)

($4,783)

($4,705)

$27,132

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

$18,051

$36,492

$37,146

$15,520

CAPITAL REVENUE

$18,051

$36,492

$37,146

$15,520

 

 

 

 

 

NET SURPLUS

$17,987

$31,709

$32,441

$42,652

 

2.         Approve the following budget adjustments:

·   $77,344 decrease in the budgeted net operating deficit;

·   $654,883 increase in budgeted capital revenue to be received;

·   $2,414,224 decrease in the budgeted level of capital expenditure.

 

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

Carried

 

 

 

BS19/18          Terms of Reference - North Coast Regional Botanic Garden Advisory Committee

 

Executive Summary

This report brings forward new Terms of Reference for the North Coast Regional Botanic Garden (NCRBG) Advisory Committee.  The Committee will function in an advisory capacity, assisting Council officers to develop a draft Plan of Management for the NCRBG.

 

2019/69

Resolved (Cr Sally Townley / Cr John Arkan)

That Council endorses the Terms of Reference and receives a further report to endorse the committee members.

 

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

Carried

 

 

 

BS19/19          Contract No. RFT-1074-TO Coffs Harbour Airport Independent Advisor Consultancy

 

Executive Summary

At its meeting on 6 December 2018, Council endorsed the procurement of independent expert advisors to assist with advancing the airport lease process.

Tenders for independent advisory services have been called, received and evaluated and are now provided for Council’s consideration and decision.  The procurement of these services is necessary to progress the initial stages of the lease process in accordance with Council’s previous resolution.

2019/70

Resolved (Cr George Cecato / Cr Keith Rhoades)

That Council:

1.         Allocates $450,000 in the 2018/19 budget for the Coffs Harbour Airport Independent Advisory Consultancy from the Strategic Initiatives Reserve.

2.         Accepts the tender of KPMG Australia, ABN 51 194 660 183 for Contract No. RFT-1074-TO for the fixed price contract amount of $872,000.00 ex GST, on the basis that:

2.1.     The tender is advantageous to Council;

2.2.     The tenderer has the necessary experience in similar works and their ability and performance are satisfactory; and

2.3.     The tenderer’s financial capacity is acceptable.

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

 

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

Against:  Cr Townley

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC19/17          Updated Coffs Harbour Coastal Zone Management Plan

 

Executive Summary

At its Ordinary Meeting of 8 December 2016, Council considered a report on the Draft Coastal Management State Environmental Planning Policy (SEPP) and progression of a number of Coastal Zone Management Plans (CZMP).

At that meeting, Council resolved to endorse the submission to the draft SEPP and write to the Minister for Planning requesting that the certification process be completed for a number of CZMPs. It was also noted that a further report will be brought back to Council following the certification process that would outline future directions for Council’s planning processes within the context of the final adopted Coastal Management Reforms.

Certification of eligible CZMPs has now been completed and the purpose of this report is to provide Council with an update on the coastal management planning process, given the coastal reforms are now finalised and a clear direction forward has been identified.

In addition, to improve the accuracy of Council’s coastal hazard mapping, a specialised consultant was engaged to undertake a geotechnical assessment of four high risk coastal erosion areas in the LGA (Arrawarra, Woolgoolga, Sandy Beach and Emerald Beach). The report found that coastal hazard lines were overestimated in all four locations due to the underlying geotechnical conditions and recommended that the hazard mapping be adjusted to reflect this new information. This information, that reduces the number of affected properties, has now been included as an addendum to the Coffs Harbour CZMP (Attachment 1) and hence, adoption of the updated CZMP is sought to reflect the new hazard mapping in the report.

If Council elects to adopt the updated hazard mapping, a planning proposal will be prepared to amend the Coastal Vulnerability Area (currently not mapped) within the State Environmental Planning Policy (Coastal Management) 2018 for the Coffs Harbour LGA. A further report will be brought back to Council at a later date regarding the planning proposal and SEPP amendment.

2019/71

Resolved (Cr Paul Amos / Cr John Arkan)

That Council:

1.         Adopt the updated Coffs Harbour Coastal Zone Management Plan and Coastal Erosion Hazard Mapping (Attachment 1).

2.         Make the updated Coastal Erosion Hazard Mapping available on the Council’s external online mapping tool.

3.         Note a further report will be brought back to Council regarding amending the currently unmapped Coastal Vulnerability Area in the State Environmental Planning Policy Coastal Management 2018.

 

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

Carried

 

 

Cr Michael Adendorff declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 6.36pm.

 

 

SC19/18          Planning Proposal - Review of Height and Built Form Controls within the Coffs Harbour City Centre

 

Executive Summary

At its Ordinary Meeting of 11 October 2018, Council resolved to support Planning Proposal (PP_2018_COFFS_003_00) to amend the height and built form controls that apply to land within the Coffs Harbour City Centre in accordance with a building heights urban design review. Council also resolved to publicly exhibit associated changes to its Development Control Plan. Public exhibition of the Planning Proposal and draft Development Control Plan took place between 23 January and 20 February 2019.

The purpose of this report is to seek endorsement from Council to initiate a revised Planning Proposal (Attachment 1) and revised draft Development Control Plan amendment (Attachment 2) to amend the height and built form controls within the Coffs Harbour City Centre to include additional land. This will address issues raised by submissions during the public exhibition process. The submissions provide sufficient strategic merit to support the inclusion of additional land to which the Planning Proposal applies.

2019/72

Resolved (Cr George Cecato / Cr John Arkan)

That Council:

1.         Endorse and forward a revised Planning Proposal (Attachment 1) to NSW Planning and Environment, to amend the Height and Built Form Controls of Coffs Harbour Local Environmental Plan 2013 that apply to the Coffs Harbour City Centre, seeking an alteration to the Gateway Determination.

2.         Publicly exhibit a revised Planning Proposal and undertake government agency consultation subject to the terms of the altered Gateway Determination issued by NSW Planning and Environment.

3.         Publicly exhibit a revised draft Coffs Harbour Development Control Plan 2015 Amendment Number 11 (CBD Height Review) (Attachment 2) concurrently with the revised Planning Proposal.

4.         Note that a further report will be brought back to Council for consideration following public exhibition of the revised Planning Proposal and revised draft Development Control Plan.

 

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

Carried

 

Cr Michael Adendorff returned to the meeting, the time being 6.40pm.

 

 

 

SC19/19          Contract No. RFT-955-TO Design and Construct Solar PV Systems

 

Executive Summary

Council adopted the Renewable Energy and Emissions Reduction Plan (REERP) on 14 April 2016. The REERP details Council’s commitment to corporate targets of 100% renewable energy by 2030 and 50% reduction in emissions by 2025. A target of 25% renewable energy and emissions reduction by 2020 was also adopted on 14 April 2016.

The intent of the Solar PV Systems Project is to generate renewable energy to be used by Council’s assets, to significantly reduce emissions and to realise the savings in energy costs from this investment.  This project is particularly important as it demonstrates Council’s ongoing commitment in accordance with Council’s Sustainability and Climate Change Policies.

To achieve this objective, Council went to tender for the Design and Construct of Solar Photovoltaic (PV) System installations on 16 Council owned assets throughout the Coffs Harbour Local Government Area (LGA).

Council received ten responses and all tenderer prices received significantly exceed the projects anticipated budget.

2019/73

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.         Under s178(1)(b) of the Local Government (General) Regulations 2005, decline all tenders received for Contract No. RFT-955-TO Design, Construct and Install Solar Photovoltaic (PV) Systems on Council Sites, on the basis that:

1.1.     The quotations are outside Council’s anticipated budget for the project.

1.2.     Negotiations would provide a better result and minimise the risk for Council.

1.3.     The calling of new tenders is not likely to provide an optimal outcome.

2.         Pursuant to s178(3)(e) of the Local Government (General) Regulations 2005, the General Manager enter into negotiations with any person (whether or not the person was a tenderer) with the view to entering into a contract in relation to the subject matter of the tender.

Receive a further report on available options and to provide the necessary budget allocation.

 

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

Carried

 

 

REQUESTS FOR LEAVE OF ABSENCE

Cr Cecato indicated that he would be seeking leave of absence from Council for the meetings of 23 May and 13 June 2019 and will submit this request in writing to the General Manager.

 

 

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 6.43pm.

 

 

Confirmed:  23 May 2019

 

 

 

 

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

Denise Knight

Mayor