Ordinary Council Meeting Minutes                                             26 September 2019

  Crestclr

MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 26 September 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, Acting Director Sustainable Infrastructure, Director Sustainable Communities, Director Business Services and Executive Assistant

Leave of Absence       Nil.

Opening of Ordinary Meeting

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

Acknowledgement of Country

We respectfully acknowledge the traditional custodians of the land on which we meet, the Gumbaynggirr people, who have cared for this land since time immemorial. We pay our respects to their Elders, past, present and emerging, and commit ourselves to a future with reconciliation and renewal at its heart.

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

Luke Norris on behalf of Axicom

For report SC19/46 – Development Application No. 0698/19 – Telecommunications Facility – Lot 131, DP 530110, 1 Hamilton Drive, Boambee East.

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Michael Adendorff

SC19/45 Planning Proposal – Review of Height and Built Form Controls within the Coffs Harbour City Centre – Post-Exhibition

Pecuniary interest as he owns property in Coffs Harbour City Centre that may benefit from height adjustment.

Apologies

No apologies.

 

 

leave of absence

No requests for leave of absence.

 

Confirmation of Minutes

2019/160

Resolved (Cr Sally Townley / Cr George Cecato)

That the minutes of the Ordinary Meeting held on 12 September 2019 be confirmed.

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

Carried

 

 

 

SC19/46          Development Application No. 0698/19 - Telecommunications Facility - Lot 131, DP 530110, 1 Hamilton Drive, Boambee East

 

Executive Summary

This report provides an assessment of Development Application No. 0698/19 for a Telecommunications Facility at Lot 131, DP 530110, 1 Hamilton Drive, Boambee East.

At its meeting of 12 October 2017, 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:

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

The development application is reported to Council for determination because it proposes to vary a development standard (height) in the Local Environmental Plan by more than 10%.

 

2019/161

Resolved (Cr Sally Townley / Cr John Arkan)

That Council:

1.         Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the building height control under Clause 4.3 Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.         Approve Development Application No. 0698/19 for a Telecommunications Facility at Lot 131, DP 530110, 1 Hamilton Drive, Boambee East subject to the conditions provided in Attachment 3.

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

Carried

 


 

General Manager's Reports

 

GM19/24         Council Committees - Appointment of Councillors

 

Executive Summary

Prior to her resignation as Councillor, Jan Strom was appointed to a number of Council committees. As a result of her resignation, there are two vacant positions which can be filled.  This report is seeking Councillor nominations and appointments to the Library and Gallery Planning Advisory Group and the Agricultural Advisory Committee.

 

2019/162

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.      Call for nominations from Councillors for appointment to the Library and Gallery Planning Advisory Group.

1.1.     Appoint Councillor Swan to the Library and Gallery Planning Advisory Group.

2.         Call for nominations from Councillors for appointment to the Agricultural Advisory Committee.

2.1.     Appoint Councillor Townley to the Agricultural Advisory Committee.

3.      Call for nominations from Councillors for appointment to the Audit and Risk Committee.

3.1.     Appoint Councillor Townley to the Audit and Risk Committee.

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

Carried

Directorate Reports - Business Services

 

BS19/46          Bank and Investment Balances for August 2019

 

Executive Summary

Council’s Bank Balances and Investments as at 31 August 2019 totalled $220,946,999.33.  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).

 

2019/163

Resolved (Cr Paul Amos / Cr Keith Rhoades)

That Council:

1.         Note the bank balances and investments totalling $220,946,999.33 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 August 2019.

2.         Receive a report into the current operations of TCorp Finance funding of coal fired power stations and electricity providers

3.         Receive a report assessing the eligibility of Coffs Harbour City Council to invest in TCorp within the adopted Coffs Harbour City Council Investment Strategy’s guidelines.

4.         Receive a report on the financial impact on the viability of the Gordon St project in not securing funding from TCorp but with an alternate source.

5.         Councillors establish, if TCorp is considered to be an appropriate lending authority for Coffs Harbour City Council to deal with.

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

Against:  Crs Knight, Adendorff and Cecato

Carried

 

 

BS19/47          Proposed Revotes for the Year Ended 30 June 2019

 

Executive Summary

This report summarises the unspent funds proposed to be revoted from the 2018/19 Operational Plan budgets into the 2019/20 Operational Plan budgets.  It is recommended that $1,934,267 of operational expenditure and $22,021,964 of capital expenditure be revoted.  It is also recommended that $151,178 of operational revenue and $4,626,620 of capital revenue be revoted. The resulting impact on the Net Operating Result is a deterioration of $1,783,000.  The adopted surplus of $1,463,000 will be impacted by this deterioration resulting in a revised budget deficit of $320,000.  The monthly and quarterly budget reviews will need to be monitored closely with a view to improving this result back to a balanced net operating position.

 

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 Operational 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 2019/20 Operational Plan budgets by Fund.

 

2019/164

Resolved (Cr Tegan Swan / Cr Michael Adendorff)

That Council:

1.         Adopt the various revotes from 2018/19 to 2019/20 as detailed in the body of this report and Attachment 1, which are summarised as follows:

Type / Fund

Revote $

OPERATING

 

General Fund

Water Fund

Sewer Fund

 

 

1,934,267

-

-

 

 

1,934,267

 

CAPITAL

 

General Fund

Water Fund

Sewer Fund

 

 

20,675,369

537,494

809,101

 

 

22,021,964

 

TOTAL

23,956,231

 

2.         Note the impacts of the proposed revotes on the 2019/20 Consolidated Income Statement as follows:

2019/20 Original Budget

$‘000s

2019/20 Proposed Budget

$‘000s

Recurrent Revenue

 

 

Rates and Annual Charges

98,664

98,664

User Charges and Fees

44,303

44,303

Interest and Investment Revenue

5,153

5,153

Other Revenues

18,263

18,263

Grants and Contributions provided for Operating Purposes

14,184

14,335

RECURRENT REVENUE

180,567

180,718

 

 

 

Recurrent Expenditure

 

Employee Benefits and Oncosts

56,820

56,827

Borrowing Costs

8,814

8,814

Materials and Contracts

119,251

143,200

Depreciation and Amortisation

45,350

45,350

Other Expenses

15,614

15,614

Less: Capitalised Expenses

(66,745)

(88,767)

RECURRENT EXPENDITURE

179,104

181,038

 

 

 

NET OPERATING (DEFICIT)

1,463

(320)

 

 

 

Capital Revenue

 

 

Capital Grants, Subsidies, Contributions and Donations

22,541

27,168

CAPITAL REVENUE

22,541

27,168

 

 

 

NET SURPLUS

24,004

26,848

 

 

 

FUNDING SOURCES FOR PROPOSED REVOTES

 

 

Operating Funding

 

 

Net Surplus

24,004

26,848

Transfer to Reserves

(25,124)

(25,124)

Transfer from Unexpended Loans

10,275

15,939

Transfer from Reserves

24,694

32,321

Total Operating Funding

33,849

49,984

 

 

 

Capital Funding

 

 

Loan Advance

7,600

7,600

Depreciation

45,350

45,350

Total Capital Funding

52,950

52,950

 

 

 

Total Funding

86,799

102,934

 

 

 

Allocation of Funding

 

 

Constructed and Purchased Assets

(66,745)

(88,767)

Loan Redemptions

(21,340)

(21,340)

Total Allocation of Funding

(88,085)

(110,107)

 

 

 

Budgeted (Reduction) in Cash

(1,286)

(7,173)

 

 

 

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

Carried

 

 

BS19/48          2019-2020 Environmental Levy Grants Program Additional Projects

 

Executive Summary

This report provides Council with two additional recommended projects for the 2019/2020 Environmental Levy Grants Program (ELGP) for inclusion in the 2019/2020 Operational Plan.

 

The Environmental Levy Grants Program panel has reviewed and recommended these projects to be included in the 2019/2020 Program.

2019/165

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.         Approves the following additional Environmental Levy Grants Program projects for 2019/2020:

Applicant

Project Name

Amount ($)

National Parks Association of NSW (Coffs Coast Branch)

Analysis of economic benefits of the proposed Great Koala National Park within Coffs Harbour LGA

22,500

Jetty Dunecare

Restore and enhance the natural environment of Boambee Beach

25,000

Total

47,500

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 5.29 pm.

Directorate Reports - Sustainable Communities

 

SC19/45          Planning Proposal – Review of Height and Built Form Controls within the Coffs Harbour City Centre – Post-Exhibition

 

Executive Summary

At its Ordinary Meeting of 11 October 2018, Council resolved to support a 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. At its Ordinary Meeting of 9 May 2019, Council considered a revision of that planning proposal, to include additional land in response to submissions made during the public exhibition process.

Public exhibition of the revised planning proposal and draft Development Control Plan amendment took place from 3 to 31 July 2019. The purpose of this report is to inform Council of the outcomes of this public exhibition process and to seek endorsement of Planning Proposal V5 Post Exhibition (PP_2018_COFFS_003_00) to amend the height and built form controls that apply to land within the Coffs Harbour City Centre (Attachment 1) and Coffs Harbour Development Control Plan 2015 – Amendment No. 11 (CBD Height Review) (Attachment 2).

 

2019/166

Resolved (Cr John Arkan / Cr Paul Amos)

That Council:

1.         Endorse Planning Proposal PP_2018_COFFS_003_00 (Amend Height and Built Form Controls of Coffs Harbour LEP 2013 within Coffs Harbour Central Business District) – V5 Post-Exhibition (Attachment 1).

2.         Delegate to the General Manager the authority issued by the NSW Department of Planning, Industry 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 Planning Proposal PP_2018_COFFS_003_00 - V5 Post-Exhibition.

3.         Continue to consult with the NSW Department of Planning, Industry 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 Planning Proposal PP_2018_COFFS_003_00 - V5 Post-Exhibition.

4.         Endorse Coffs Harbour Development Control Plan 2015 - Amendment No. 11 (CBD Height Review) (Attachment 2), which will come into effect when the corresponding changes to Coffs Harbour Local Environmental Plan 2013 are made.

5.         Inform all parties who made submissions to draft Planning Proposal PP_2018_COFFS_003_00 and draft Coffs Harbour Development Control Plan 2015 Amendment Number 11 (CBD Height Review), as well as affected landowners of Council’s decision.

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

Carried

 

Cr Michael Adendorff returned to the meeting, the time being 5.30 pm.


 

 

SC19/47          Development Application No. 0501/19 - Rural Dual Occupancy (Detached), Shed and Swimming Pool - Lot 10, DP 1140008, 171B Mackays Road, Coffs Harbour

 

Executive Summary

This report provides an assessment of Development Application No. 0501/19 for a Rural Dual Occupancy (detached) at Lot 10, DP 1140008, 171B Mackays Road, Coffs Harbour.

At its meeting of 12 October 2017, 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:

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

The development application is reported to Council for determination because it proposes to vary a development standard in the Local Environmental Plan by more than 10%.

 

2019/167

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.         Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the separation distance for rural dual occupancies under Clause 4.2E of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.         Approve Development Application No. 0501/19 for a Rural Dual Occupancy (Detached), Shed and Swimming Pool at Lot 10, DP 1140008, 171B Mackays Road, Coffs Harbour subject to the conditions provided in Attachment 3.

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

 

Carried

 

 

 

 

 

 

 

SC19/48          Ayrshire Park Boambee Masterplan - Final

 

Executive Summary

Council at its Ordinary Meeting of 11 April 2019 resolved to endorse draft Ayrshire Park Boambee Masterplan, and to proceed to public exhibition for 42 days.

The purpose of this report is to inform Council of the outcomes of the public exhibition process and to seek endorsement from Council for the final Ayrshire Park Boambee Masterplan, which has been amended to address issues raised by submissions made during the formal public exhibition process.

 

2019/168

Resolved (Cr Michael Adendorff / Cr George Cecato)

That Council:

1.         Adopts the Ayrshire Park Boambee Masterplan (Attachment 1).

2.         Consider capital improvements outlined in the Masterplan against other funding priorities within future delivery programs.

3.         Notify Council’s decision to those that made a submission to the draft Ayrshire Park Boambee Masterplan.

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

Carried

 

 

SC19/49          Inclusive Access at Jetty Beach

 

Executive Summary

This report is provided in response to Notice of Motion (NOM) 18/23 in which Council resolved at its meeting on 22 November 2018:

That Council:

1.    Note that the Access Advisory Committee is seeking the provision of inclusive access at Jetty Beach, including:

a)    Some level of lifeguard service;

b)    A portable mat designed to facilitate wheeled access to the water;

c)    Access to a public speciality wheelchair for use on water, specifically the Hippocampe style, and

d)    Access to a public child-sized Hippocampe style chair.

2.    Prepare a report on the logistics of providing inclusive access at Jetty Beach.

3.    Develop a plan for reaching the objective of providing fully accessible beach access at Jetty Beach and / or any other beach.

Accordingly, Council undertook a project to investigate the provision of inclusive access at Jetty Beach by engaging a local consultancy to undertake the necessary research, stakeholder engagement and initial logistic planning. This work was conducted over the period March-June 2019, in conjunction with a project to develop a Draft Lifeguard Services Strategic Plan, resulting in the development of an Inclusive Beach Access Issues and Options Paper (Attachment 1).

In summary, Jetty Beach was found to be the most suitable location for provision of inclusive beach access facilities in the short-term.  A number of benefits, resourcing and implementation considerations have been identified.

 

Motion (Cr Sally Townley / Cr John Arkan)

That Council:

1.         Note the attached Inclusive Beach Access Issues and Options Paper.

2.         Confirm Jetty Beach, Coffs Harbour, as the priority for development of inclusive beach access facilities in the LGA.

3.         Consider the allocation of $85,000 at the next Quarterly Budget Review to enable the progression of the Implementation Plan in 2019/20 as outlined in the Inclusive Beach Access Issues and Options Paper, including the pilot lifeguard patrol at Jetty Beach over the Peak Summer period, procurement and installation of a Mobi-mat for this location, procurement of two additional Hippocampe type beach wheelchairs and make these available for hire.

4.         Report back to Council on the results of the Jetty Beach pilot lifeguard patrol and installation of Inclusive Beach Access service.

 

Amendment

 

 (Cr Paul Amos / Cr Keith Rhoades)

That Council:

1.         Note the attached Inclusive Beach Access Issues and Options Paper.

2.         Confirm Jetty Beach, Coffs Harbour, as the priority for development of inclusive beach access facilities in the LGA.

3.         If this amendment is successful, it is to be considered in conjunction with NOM19/11, providing NOM19/11 is supported by Council.

For:         Crs Amos, Arkan and Rhoades

Against:  Crs Knight, Adendorff, Cecato, Swan and Townley

The AMENDMENT on being put to the meeting was LOST.

 

Cr John Arkan gave notice of a Foreshadowed Motion.

 

Foreshadowed motion

 

(Cr John Arkan

That Councillors consider item SC19/49 in conjunction with NOM19/11.

 

2019/169

Resolved (Cr Sally Townley / Cr John Arkan)

That Council:

1.         Note the attached Inclusive Beach Access Issues and Options Paper.

2.         Confirm Jetty Beach, Coffs Harbour, as the priority for development of inclusive beach access facilities in the LGA.

3.         Consider the allocation of $85,000 at the next Quarterly Budget Review to enable the progression of the Implementation Plan in 2019/20 as outlined in the Inclusive Beach Access Issues and Options Paper, including the pilot lifeguard patrol at Jetty Beach over the Peak Summer period, procurement and installation of a Mobi-mat for this location, procurement of two additional Hippocampe type beach wheelchairs and make these available for hire.

4.         Report back to Council on the results of the Jetty Beach pilot lifeguard patrol and installation of Inclusive Beach Access service.

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

Against:  Cr Amos

Carried

The Original Motion was Carried, therefore the Foreshadowed Motion lapsed and was not able to be considered.

 

Cr Tegan Swan left the meeting, the time being 6:04 pm.


 

Notices of Motion – Sustainable Infrastructure

 

NOM19/11      Jetty Foreshores Ramp - Disabled Access

2019/170

Resolved (Cr Paul Amos / Cr Keith Rhoades)

"That Council bring back a report exploring the options of a permanent ramp to the North Eastern side of Jetty Foreshores amphitheatre steps which is suitable for disabled access."

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 6.10pm.

 

Confirmed: 10 October 2019.

 

 

 

 

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

Denise Knight

Mayor