Ordinary Council Meeting Minutes                                                           13 June 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, 13 June 2019 AT 5.00pm

 

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

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

 

Leave of Absence      Cr Cecato

 

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.

 

Public FORUM

Time

Speaker

Item

5.00pm

Karla Gillies on behalf of Emerald Beach community group URGE

Against SC19/20 Development Application No. 0709/17 - Dwelling-House – Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach

5.05pm

Paul Reid

Applicant

For SC19/20 Development Application No. 0709/17 - Dwelling-House – Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach

Disclosure of Interest

No disclosures of interest.

 

Apologies

No apologies.

 

Leave of absence

No requests for leave of absence.

 

Confirmation of Minutes

2019/83

Resolved (Cr John Arkan / Cr Sally Townley)

That the confirmation of the minutes of the Ordinary Meeting held on 23 May 2019 be deferred to the next meeting.

 

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

Carried

 

 

Directorate Reports - Sustainable Communities


 

SC19/20          Development Application No. 0709/17 - Dwelling-House - Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach

 

Executive Summary

This report provides an assessment of Development Application 0709/17DA for a dwelling-house at Lot 62 DP 1143405, Solitary Islands Way, Emerald Beach.

At its meeting of 12 October 2017, Council adopted the ‘Development Applications - Consideration by Council Policy’, which outlined:

Development applications for approval involving substantial aspects of the following elements to 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

d)   Major environmental issues

During the assessment process, Council received 27 submissions. Accordingly, this matter is reported to Council for determination due to significant public interest and community input.

It is recommended that the development be approved, subject to the imposition of conditions.

 

Motion (Cr Sally Townley / Cr Tegan Swan)

That the matter be deferred pending a comprehensive briefing to Councillors.

 

Amendment

 

(Cr Keith Rhoades / Cr Michael Adendorff)

That Council:

1.         Approve Development Application No. 0709/17 for a dwelling-house at Lot 62 DP 1143405, Solitary Islands Way, Emerald Beach subject to the conditions in Attachment 3.

2.         Advise persons who made a submission on Development Application No. 0709/17 of Council’s decision.

 

For:         Crs Adendorff, Amos and Rhoades

Against:  Crs Knight, Arkan, Swan and Townley

 

The AMENDMENT on being put to the meeting was LOST.

2019/84

Resolved (Cr Sally Townley / Cr Tegan Swan)

That the matter be deferred pending a comprehensive briefing to Councillors.

 

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

Against:  Crs Adendorff and Rhoades

Carried

 

 

General Manager's Reports

 

GM19/13         Council Committees - Appointment of Members and Amendment to a Terms of Reference

 

Executive Summary

Nominations for Council Committee members require approval by Council.  This report is seeking Council endorsement of committee nominations and slight amendment to a Committee Terms of Reference.

2019/85

Resolved (Cr John Arkan / Cr Keith Rhoades)

That Council:

1.         Appoints Lorraine Waller to the Coramba Community Hall Facility Management Committee.

2.         Appoints Noelene Elford to the Toormina Community Centre Facility Management Committee.

3.         Appoints Kim Towner to the City Centre Masterplan Committee.

4.         Appoints Peter Montgomery and Helen Schlangenotto to the Koala Plan of Management Advisory Committee.

5.         Amend the Koala Plan of Management Advisory Committee Terms of Reference to reflect an additional land holder representative.

 

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

Carried

 

 

GM19/14         Council Policy - Cemetery Management Policy

 

Executive Summary

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.  This report presents the amended Cemetery Management Policy adoption.

2019/86

Resolved (Cr Michael Adendorff / Cr Sally Townley)

That Council adopt the amended Cemetery Management Policy.

 

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

Carried

 

 

 

GM19/15         Contract No. RFT-T-19-18 Provision of Insurance Brokerage and Risk Management Services

 

Executive Summary

Statewide Mutual (Statewide), via the insurance broker Jardine Lloyd Thompson (JLT) Pty Ltd, has provided mutual self-insurance and risk management services to Council since 1993.  Council, in conjunction with three other councils, recently tested the market by requesting tenders for the provision of insurance brokerage and risk management services.

Tenders were received and evaluated.  A recommendation is contained in the confidential attachment to this report.

2019/87

Resolved (Cr Tegan Swan / 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-T-19-18 Insurance Brokerage and Risk Management Services on the basis that:

1.1      The tenders submitted were all non-conforming;

1.2      Negotiations would provide a better result to Council; and

1.3      The calling of new tenders is not likely to provide a better outcome.

2.         In accordance with s377 Local Government Act 1993 delegate to the General Manager authority to proceed in accordance with the recommended actions in the confidential attachment.

 

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

Carried

 

 

Directorate Reports - Business Services

 

BS19/25          Developer Contribution Plan Reviews - Surf Rescue & Administration Levy

 

Executive Summary

Regular reviews of Developer Contribution Plans are essential to ensure they remain financially consistent for the delivery of planned infrastructure works within the Coffs Harbour Local Government Area (LGA).  The objective of this report is to obtain Council approval to place on public exhibition the reviewed Surf Rescue Facility and the Administration Levy Developer Contributions Plans.

As a consequence of anticipated population growth and having regard to the level of facilities currently available and the expected profile of the new population, it will be necessary to provide additional infrastructure and services.  These Developer Contribution Plans seek financial contributions towards the development of infrastructure and resourcing that is required to specifically service the needs of the growing Coffs Harbour community.

Necessary adjustments to the scheduled items for both these existing Developer Contribution Plans are contained within this report and are required to ensure that the plans remain consistent with project costings, strategies, population forecasts and objectives.  By adopting the reviewed plans, it will provide a combined reduction in developer contributions of $241.10 per standard lot, across these two district contribution plans.

2019/88

Resolved (Cr Tegan Swan / Cr Paul Amos)

That Council:

1.         Endorse the following reviewed Developer Contributions Plans for public exhibition for a period of at least 28 days seeking submissions.

·                Draft Surf Rescue Facilities Developer Contributions Plan 2019

·                Draft Administration Levy Developer Contributions Plan 2019

2.         Note that a further report will be brought back to Council for consideration following the public exhibition of the reviewed Developer Contributions Plans.

 

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

Carried

 

 

 

BS19/26          Sale of Land for Unpaid Rates

 

Executive Summary

Within the Coffs Harbour LGA there are 13 properties that are small parcels of closed roads that have over 10 years of outstanding rates and charges in the amount of $126,538.75.

In accordance with Council’s Sale of Land to Recover Unpaid Rates and Charges Policy and Section 713 of the Local Government Act, Council may commence the sale of land process to recover these outstanding amounts at public auction if Council is unable to enter into an acceptable payment arrangement with the owners or receive payment in full.

Recovery of these outstanding rates and charges will result in the land parcels becoming revenue recoverable properties again, thereby contributing the funding of Council’s service delivery to the community.

2019/89

Resolved (Cr Keith Rhoades / Cr Michael Adendorff)

That Council:

1.         In accordance with Section 713 of the Local Government Act 1993, proceed to sell the properties listed in the Confidential Attachment 1 at public auction to recover the outstanding rates and charges on each property.

2.         Note that arrangements satisfactory to Council to avoid properties being sold for unpaid rates, will require the amount of rates and charges (including extra charges) overdue for more than five years to be paid in full and the remaining outstanding balance to be paid within 12 months of the date of the arrangement being made.

3.         Note that a further report will be prepared for the 8 August 2019 Ordinary Council Meeting detailing all outstanding rates and charges for each property and the preparation of the General Manager’s Certificate, auction date and location.

 

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

Carried

 

 

 

BS19/27          Renewal of Australia Post Agreement (Over The Counter Services)

 

Executive Summary

Council recognises that a significant number of ratepayers continue to use ‘over the counter’ payment services provided by Australia Post, utilising post offices within both the local region and across Australia and that they have done so since 2001.  It is considered that the service provided by Australia Post is a solution for Council in providing an alternative ‘over the counter’ payment service for rate and water account payments especially for those customers living outside of the Coffs Harbour area.

Council’s current agreement with Australia Post is due to expire on 30 June 2019.  This report seeks Council’s resolution to renew an agreement with Australia Post for a further three year term to continue this payment service until 30 June 2022.

2019/90

Resolved (Cr Keith Rhoades / Cr Tegan Swan)

That Council:

1.         In accordance with s55(3)(i) of the Local Government Act resolves due to extenuating circumstances, being the unavailability of competitive or reliable tenderers, to renew its agreement with Australia Post to provide over the counter payment services for the receipt and processing of Council water and rate accounts.

2.         Delegates the General Manager to execute an agreement with Australia Post to continue this payment service for a three year term until 30 June 2022.

3.         Notes the associated transaction costs as detailed in the confidential attachment.

 

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

Carried

 

 

 

BS19/28          Contract No. RFT-1096-TO Supply of Aviation Security Screening

 

Executive Summary

As part of Council’s responsibility as a Security Screened Airport operator, there is a requirement to have a suitable aviation security provider or employees undertake passenger security screening at its airport.  The requirement is covered in the Aviation Transport Security Act (ATSA) 2004 and the Aviation Transport Security Regulation (ATSR) 2005.

Tenders for the Supply of Aviation Security Screening have been called, received and evaluated. This tender is tabled for Council’s consideration and decision, in accordance with Council’s adopted Tenders Acceptance Policy, due to the tender binding Council for a period exceeding the current elected term of the Council with the value exceeding $1.5 million.

2019/91

Resolved (Cr Michael Adendorff / Cr Tegan Swan)

That Council:

1.         Accepts the tender submission of MSS Security Pty Ltd, ABN 29 100 573 966 for Contract No. RFT-1096-TO – Supply of Aviation Security Screening for the lump sum contract amount of $6,554,255.94 incl. GST, on the basis that:

1.1.     The tender is the most advantageous tender following the application of Council’s Tender Value Selection System

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

1.3.     The tenderer’s financial capacity is acceptable.

2.         Authorise the General Manager under delegated authority to execute the contract documents.

 

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

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC19/21          Draft Aboriginal Cultural Awareness and Engagement Guide

 

Executive Summary

Council has recognised the need to develop a Guide for Aboriginal Cultural Awareness and Engagement for use by staff, Councillors and volunteers.

Internal (Council) and external (community, service providers and other Government agencies) stakeholders have been consulted to help inform the draft ‘Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement.

Feedback during the consultation to develop the Guide also highlighted a need to review the Yandaarra Aboriginal Advisory Committee Terms of Reference.

2019/92

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.         Endorse the Draft ‘Yandaarra – Shifting Camp Together’ – A Guide for Aboriginal Cultural Awareness and Engagement and place on public exhibition for 28 days.

2.         Review the Terms of Reference for the Yandaarra Aboriginal Advisory Committee.

3.         Note that further reports will be brought back to Council for consideration following public exhibition of the draft Aboriginal Cultural Awareness and Engagement Guide and an updated Terms of Reference for the Yandaarra Aboriginal Advisory Committee.

 

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

Carried

 

Directorate Reports - Sustainable Infrastructure

 

SI19/08           Installation of Continuous Deflection Separation Units on Coffs Creek Stormwater Outlets

 

Executive Summary

Council has previously resolved to receive a report investigating the potential installation of CDS units at the major stormwater outlets on Coffs Creek. Council is currently preparing a Stormwater Management Operation Plan for Coffs Creek which will address this issue in detail.

This report therefore provides an update to Council on the status of progress towards its earlier resolution.

2019/93

Resolved (Cr John Arkan / Cr Michael Adendorff)

That Council note the Report.

 

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

Carried

 

 

SI19/09           Traffic Committee Meeting Nos. 3/2019

 

Executive Summary

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for information.

Since the previous LTC report to Council there has been one regular meeting considering ten items, of which nine were regulatory in nature, and one event-related.

All recommendations were of a minor nature and were therefore approved under the delegated authority previously issued by Council. The report lists the Minutes of the LTC for Council to note.

2019/94

Resolved (Cr Paul Amos / Cr Tegan Swan)

That Council:

1.         Note the Minutes of the Local Traffic Committee Meeting of 30 April 2019.

2.         Note that the actions contained in the Minutes have been authorised for action in accordance with the delegations issued by Council.

 

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

Carried

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 6.01pm.

 

 

 

Confirmed:  27 June 2019

 

 

 

 

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

Denise Knight

Mayor