Ordinary Council Meeting Minutes                                                       12 March 2020

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON
Thursday, 12 March 2020 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 5.00pm 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 forever. 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.

 

 

The Mayor congratulated Council staff and the community for being awarded the Best Town in Australia by Wotif.

 

 

At 5:02 pm, Cr Tegan Swan left the meeting.

 


 

Public forum commenced at 5.00pm

Speaker

Item

Gai Anderson

Gave her apologies as she was unable to attend due to illness.

Against GM20/07 Contract No. RFT-1213-QI – Cultural and Civic Space Project – Early Contractor Involvement

Terry Crowe

Against SC20/11 Development Application No. 016/19 – Restaurant (Expansion of Dining Areas) – Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen

Dr Grant Cairncross

Against SC20/11 Development Application No. 016/19 – Restaurant (Expansion of Dining Areas) – Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen

 

Cr Rhoades joined the meeting, the time being 5.16pm

At 5:16 pm, Cr Tegan Swan returned to the meeting.

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Paul Amos

BS20/21 Coffs Harbour Yacht Club Ltd – Request for Financial Relief

Non-Pecuniary - Less Than Significant Conflict as he is a club member and sponsor.

Cr Tegan Swan

SC20/11 Development Application No. 0160/19 – Restaurant (Expansion of Dining Areas) – Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen

Non-Pecuniary - Significant Conflict as she is reluctantly leaving due to actions triggered against her in relation to this matter.

 

Apologies

No apologies.

 

REQUESTS FOR LEAVE OF ABSENCE

No requests for leave of absence.

 

Mayoral Minute

 

MM20/01        NSW 20-Year Waste Strategy

2020/46

Resolved (Cr Denise Knight

That Council:

1.       Notes the long-awaited release of two Issues Papers (Cleaning Up Our Act – The Future for Waste and Resource Recovery in NSW & Redirecting the Future of Plastic in NSW) by the NSW Government on 8 March 2020 (Attached)

2.       Notes that Coffs Harbour City Council paid a total of $5,983,000 in the S88 waste levy in financial years 2017/18 – 2018/19, and received $214,000 in NSW Waste Less, Recycle More grants (equal to just 3.58% of waste levy paid in that two-year period).

3.       Makes a submission to both Issues Papers, consistent with its previously adopted positions, encouraging:

3.1.    State funding to support waste avoidance and recovery, including grants to support councils with major capital investments (including by reinvesting the $800 million S88 Waste Levy into recycling).

3.2.    The development of a local circular economy, and support for local manufacturing using recycled product.

3.3.    Deliver consistent education campaigns to promote waste avoidance and recycling.

3.4.    Introduce producer responsibility schemes for problematic materials.

 

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

Carried

 

 

Confirmation of Minutes

2020/47

Resolved (Cr Paul Amos / Cr John Arkan)

That the minutes of the Ordinary Meeting held on 27 February 2020 be confirmed.

 

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

Carried

 

 

DIRECTORATE REPORT – SUSTAINABLE COMMUNITIES

At 5:23 pm, Cr Tegan Swan left the meeting.

 

 

SC20/11          Development Application No. 0160/19 - Restaurant (Expansion of Dining Areas) - Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen

 

Executive Summary

This report provides an assessment of Development Application No. 0160/19 for a Restaurant (expansion of dining areas) at Lot 9 DP 134701 and Lot 10 DP 134701, 963 Orara Way, Nana Glen.

At its meeting of 21 September 2019, Council resolved the following:

That Council bring Development Application 0160/19 DA relating to Two Tails Winery at Nana Glen to full council for determination upon completion of assessment.

The development application was subsequently considered by Council at its meeting of 27 February 2020, where it resolved the following:

That Council defer consideration of Development Application 0160/19 pending a further report that will propose draft consent conditions to be considered as part of a further determination.

Accordingly, possible conditions of consent have now been prepared (Attachment 4).

The development application is reported to Council for determination.

 

2020/48

Resolved (Cr Denise Knight / Cr George Cecato)

That Council:

1.      Note that the Proponent has commenced proceedings in the Land and Environment Court; and

2.      Resolve not to determine DA No. 0160/19 on the basis that it will now be determined by the Land and Environment Court.

 

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

Carried

 

At 5:24 pm, Cr Tegan Swan returned to the meeting.

 

Notices of Motion – General

 

NOM20/02      Change to timeframes for Question on Notice & Notice of Motion

2020/49

Resolved (Cr Paul Amos / Cr Sally Townley)

That Council amend clause 3.10 of the Code of Meeting Practice to read as follows:

3.10   A councillor may give notice of any business they wish to be considered by the council at its next ordinary meeting by way of a notice of motion. To be included on the agenda of the meeting, the notice of motion must be in writing and must be submitted by midday, 9 business days before the meeting is to be held.

(Note: this effectively means that a notice of business, i.e. Notices of Motion (NoM) and Questions on Notice (QoN), must be submitted by 12pm two Fridays prior to the scheduled ordinary meeting).

 

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

Carried

 

 

 

General Manager's Reports

 

GM20/05         Council Committees - Appointment of Members and Amendment to a Terms of Reference

 

Executive Summary

Nominations to become members of Council advisory and facility management committees require appointment by Council resolution.  This report is seeking the appointment of community members to a number of Council’s committees and an amendment to the City Centre Masterplan Committee.

 

2020/50

Resolved (Cr Sally Townley / Cr John Arkan)

That Council:

1.      Appoint the following to the Yandaarra Aboriginal Advisory Committee:

1.1.    Reuban Robinson, Galambila Aboriginal Health Service

1.2.    Nathan Brennan, Coffs Harbour Local Aboriginal Land Council

1.3.    Blake Cusack, Coffs Harbour Aboriginal Education Consultative Group/ Department

1.4.    Toni-Anne Hart, Department of Communities and Justice

1.5.    Kerrie Wilson, community member

1.6.    Deb Dootson, community member

1.7.    Tina Powell, community member

1.8.    Lloyd Lynwood, community member

1.9.    Glenda Perkins, community member

1.10.  Cindy Hoskins, community member

1.11.  Anthea Flowers, community member

2.      Appoint:

2.1.    Kirby Burton retailer, to City Centre Masterplan Committee

2.2.    Jayne Moran to Lowanna Community Hall Facility Management Committee

2.3.    Brenda Mulhearn to Lowanna Community Hall Facility Management Committee

2.4.    Benjamin Bryant to  Ayrshire Park Facility Management Committee

3.      Amend the City Centre Masterplan Committee Terms of Reference to reduce the number of city centre landowner (with property valued at or greater than $1,000,000) roles from five to four.

 

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

Carried

 

 

 

GM20/06         Council Privacy Management Plan

 

Executive Summary

Under Section 33 of the Privacy and Personal Information Protection Act 1998 (PPIP Act), Council is required to have a Privacy Management Plan (Plan).  This Plan explains how Council manages personal information in line with the PPIP Act and health information in accordance with the Health Records and Information Privacy Act 2002 (HRIP Act).  This report presents Council revised Coffs Harbour City Council Privacy Management Plan to Council for adoption.

 

2020/51

Resolved (Cr Paul Amos / Cr John Arkan)

That Council adopt the revised and amended Privacy Management Plan.

 

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

Carried

 

 

GM20/07         Contract No. RFT-1213-QI - Cultural and Civic Space Project - Early Contractor Involvement

 

Executive Summary

Following on from the Expression of Interest process associated with this procurement, Council issued Requests for Tender to the 3 shortlisted builders.  Assessment criteria and tender acceptance recommendation details are contained in the Confidential Attachment (ATT1) to this report.  The associated report of the project’s independent Probity Advisor is also a Confidential Attachment (ATT2) to this report.

 

 

Motion (Cr Sally Townley / Cr George Cecato)

That Council considers the tenders received for Contract RFT-1213-QI Early Contractor Involvement for the Cultural and Civic Space Project, and adopts the recommendation in the Confidential Attachment (ATT1).

 

 

Amendment

 

Motion (Cr Paul Amos / Cr John Arkan)

That Council considers the tenders received for Contract RFT-1213-QI Early Contractor Involvement for the Cultural and Civic Space Project, and adopts the recommendation in the Confidential Attachment (ATT1), with the inclusion of the following point.

2.       The expressions of interest on the sale of the following properties be bought back to council for merit assessment and acceptance.

2.1     Administration Building, 2 Castle St, Coffs Harbour (Lot 2 Sec DP 566885, Lot 1 Sec DP 566855, Lot 8 Sec 6 DP 758258),

2.2    Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398),

2.3    169-171 Rose Ave, Coffs Harbour (Lot 100 Sec DP 861850),

2.4    Museum, 215A Harbour Drive Coffs Harbour (Lot 101 Sec DP 1041655).

 

 

Motion put

2020/52

Resolved (Cr Denise Knight

That the motion be put.

 

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

Carried

 

Amendment

2020/53

Moved (Cr Paul Amos / Cr John Arkan)

1.         That Council accepts the tender of Lipman Pty Ltd, ABN 84 001 548 830 for RFT-1213-QI – Early Contractor Involvement for the Cultural and Civic Space Project for the Lump Sum contract amount of $275,000.00 incl GST, on the basis that:

1.1     The tender is the most advantageous tender following the application of the Tender Evaluation Management Plan;

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 and risk is acceptable.

2.         The expressions of interest on the sale of the following properties be bought back to council for merit assessment and acceptance.

2.1     Administration Building, 2 Castle St, Coffs Harbour (Lot 2 Sec DP 566885, Lot 1 Sec DP 566855, Lot 8 Sec 6 DP 758258),

2.2     Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398),

2.3     169-171 Rose Ave, Coffs Harbour (Lot 100 Sec DP 861850),

2.4     Museum, 215A Harbour Drive Coffs Harbour (Lot 101 Sec DP 1041655).

 

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

Against:  Crs Knight, Adendorff and Cecato

 

The AMENDMENT on being put to the meeting was carried.  It then became the MOTION and on being put to the meeting was declared carried.

 

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

Against:  Crs Knight, Adendorff and Cecato

Carried

 

 

 

Directorate Reports - Business Services

 

BS20/17          Progress Report on Leasing and Licensing Policy for Community Organisations

 

Executive Summary

Council at its meeting of 28 February 2019 resolved to adopt the Leasing and Licensing Policy for Community Organisations, note the Guidelines for Assessment of Rental for Community Tenants and Conditions of Tenure for Community Organisations, and receive a report on the progress of the policy to the second meeting of February 2020.

 

This report provides an update to Council on the progress of the policy implementation over the past 12 months.

 

2020/54

Resolved (Cr Paul Amos / Cr Sally Townley)

That Council note the report.

 

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

Carried

 

 


 

 

BS20/18          Procurement Delegations

 

Executive Summary

In considering a Notice of Motion in November 2019 in relation to the Cultural and Civic Space Project, Council adopted a resolved position requiring the approval of all contracts by Council greater than the prescribed tender threshold of $250,000.  This Resolution may have had some unintended consequences for the efficient and effective operation of the Council organisation.

 

This report provides an opportunity for Council to review the current situation and potentially adopt a more efficient and effective position moving forward.

 

 

Motion (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.       Repeal Resolution 2019/209; and

2.       Resolve that where Council is proposing to procure goods and services where the value exceeds the prescribed tender threshold of $250,000, in respect of the Cultural and Civic Space Project, each resulting tender is to be determined by full Council.

 

 

Motion put

2020/55

Resolved (Cr Denise Knight

That the motion be put.

 

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

Carried

 

Motion

2020/56

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.       Repeal Resolution 2019/209; and

2.       Resolve that where Council is proposing to procure goods and services where the value exceeds the prescribed tender threshold of $250,000, in respect of the Cultural and Civic Space Project, each resulting tender is to be determined by full Council.

 

For:         Crs Knight, Adendorff, Cecato and Rhoades

Against:  Crs Amos, Arkan, Swan and Townley

 

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

Carried

 

 

At 6:26 pm, Cr John Arkan left the meeting.

 


 

 

BS20/19          The Australasian Local Government Performance Excellence Program FY19 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.  For financial year 2019 (FY19) there were 115 participant Councils, 55 from New South Wales, 15 from New Zealand, 23 from South Australia, 21 from Western Australia and 1 from Queensland.  Like Coffs Harbour City Council, 64% of participants or 74 Councils have resident populations between 10,001 and 100,000, and 37% of participants or 43 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 2019 represents Council’s fourth year of participation.

 

This report presents to Council the FY19 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.

 

2020/57

Resolved (Cr Michael Adendorff / Cr George Cecato)

That Council note the report.

 

 

At 6:29 pm, Cr John Arkan returned to the meeting.

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

Carried

 

 

 

 

BS20/20          Airport Enterprise Park - Completion of Detailed Design

 

Executive Summary

Council is in the process of constructing the Airport Enterprise Park and has been using the services of de Groot Benson Engineers Pty Ltd (dGB) for relating to the subdivision development application and detailed design of Portion 1 (up to Construction Certificate 3 – Portions Map Attachment 2).  As a result of a significantly reduced project timeframe required to comply with a Commonwealth Grant Funding Deed, a resolution is being recommended to enter into direct negotiations, under S55(3)(i) of the Local Government Act, with de Groot Benson to procure detailed design services for Portion 2 of the Airport Enterprise Park project.

 

2020/58

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.       With reference to section 55(3)(i) of the Local Government Act, resolves because of extenuating circumstances (accelerated project timeframes) and unavailability of competitive tenderers (current contractor has an advanced knowledge of future stages and design requirements), that a satisfactory result would not be achieved by inviting tenders for Detailed Design of Portion 2 (Construction Certificates 4, 5 and 6) of the Airport Enterprise Park.

2.       Delegates the General Manager to execute a contract with de Groot Benson Engineers Pty Ltd (ABN 50 772 141 249) for detailed design of Portion 2 of the Airport Enterprise Park to a value no greater than $542,273.00 (excluding GST).

3.       Note the indicative costs as detailed in the confidential attachment.

 

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

Carried

 

 

 

 

BS20/21          Coffs Harbour Yacht Club Ltd - Request for Financial Relief

 

Executive Summary

The Coffs Harbour Yacht Club Ltd is requesting the Council to consider entering into a payment arrangement for an outstanding debt from the Yacht Club to the Council for past rent.  The Yacht Club has requested that they repay $11,000 over the next 11 months at a rate of $1,000 per month and for Council to write-off the remainder of the arrears of $9,939.82.

 

Over the past few years the Yacht Club has been making improvements to its operations to ensure it is financially stable and its budget forecasts for the remainder of the year shows that it is in surplus.  The Yacht Club is planning for a strong future at its current site and looks to provide a vibrant and social Club which is at the very heart of the community especially water based aquatic sports clubs.  The Yacht Club is an important facility being offered within a very important location within the City and its ongoing success provides a feeling of economic vibrancy throughout the City.

 

2020/59

Resolved (Cr Paul Amos / Cr Keith Rhoades)

That Council agree to the request of the Coffs Harbour Yacht Club Ltd to repay $11,000 over the next 11 months at a rate of $1,000 per month and write-off the remainder of the arrears of $9,939.82.

 

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

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC20/08          Update to Flood Mapping Datasets - Post Exhibition

 

Executive Summary

Council at its Ordinary Meeting of 14 November 2019 resolved to endorse the draft updated Flood Mapping Datasets and place them on public exhibition for a minimum period of 28 days. The updated Flood Mapping Datasets were placed on public exhibition via Council’s online mapping system and was open to submissions from 4 December 2019 until 3 January 2020. One submission was received during the exhibition period.

Council’s online mapping system available to the public hosts a range of mapping information, including the 100 year Average Recurrence Interval (ARI) flood extent, the flood planning level area, and indicative flood areas. The flood mapping layers are an ever evolving dataset as new models are developed, existing models are revised and improved, and catchments change with new development and flood mitigation work.  As Council receives more up to date, accurate information from new flood studies and various other sources, it is imperative that this information is reflected on Council’s online mapping system.

This report recommends that Council endorse the updated Flood Mapping Datasets and subsequently make them available on Council’s online mapping system.

 

2020/60

Resolved (Cr George Cecato / Cr Sally Townley)

That Council:

1.       Endorse the updated Flood Mapping Datasets and make them available on Council’s online mapping system.

2.       Advise persons who made a submission on the updated Flood Mapping Datasets of Council’s decision.

 

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

Carried

 

 

 

 

SC20/09          Review of Renewable Energy and Emissions Reduction Plan

 

Executive Summary

The report details information on the progress towards Council’s renewable and emissions reduction targets, the implementation of the Renewable Energy and Emissions Reduction Plan (REERP) and other measures adopted by Council to reduce the impact of global warming within the local government area.  A review of the Climate Change Policy and the potential impacts of Sulphur Hexafluoride (SF6) has also been undertaken.

Council adopted the REERP in 2016 as a blueprint for actions to meet Council’s corporate Renewable Energy and Emissions Reduction Targets.  The first phase of the REERP is now close to completion and a review of the plan for the second phase over the next 10 years is now required. This is a substantial project that will require specialist consultancy expertise with an understanding of Australia’s rapidly changing energy market and the likely opportunities for Council. 

 

2020/61

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.      Undertake a review of the Renewable Energy and Emissions Reduction Plan, which will include:

1.1.    An assessment of the environmental and cost effectiveness of using offsets or green power to meet 2020 energy and emissions targets.

1.2.    The development of updated plans for meeting 2025 and 2030 renewable energy and emissions reduction targets.

1.3.    An assessment of the feasibility and timeline for a net zero emissions target.

1.4.    Exploring options for supporting the community to reduce emissions with a view to setting community emissions reduction targets to complement Council’s corporate emissions targets.

1.5.    Other measures as appropriate

2.      Consider the allocation of $60,000 in the 2020/21 financial year for project management and consultancy costs associated with a review of the Renewable Energy and Emissions Reduction Plan.

 

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

Carried

 

 

 

SC20/10          Establishment of a Sustainability Advisory Committee

 

Executive Summary

Council resolved on 6 December 2018 to call for draft terms of reference for the establishment of a Sustainability Advisory Committee.

A Sustainability Advisory Committee is a valuable opportunity to engage community and stakeholder expertise and expectations on sustainability projects.

It is recommended to implement and resource a committee that will address specific up-coming projects, centred on renewable energy and emissions reduction.

 

2020/62

 

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.       Establish a Sustainability Advisory Committee and endorse the attached draft Terms of Reference.

2.       Consider the allocation of $30,000 for additional resources to support the operation of the Sustainability Advisory Committee in the 2020/2021 Operational Plan and Budget.

 

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

Carried

 

 

Directorate Reports - Sustainable Infrastructure

 

SI20/07           Coastal Works Commercial Bids

 

Executive Summary

A response to an external agency tender by a Council commercial business unit is in essence a “binding bid” in that it binds the business unit to enter a contract for the tendered works if the business unit’s tender submission is ultimately accepted as the winning bid by the external agency.

Council’s policy requires that contracts with a value exceeding $250,000 are reported to Council for adoption prior to execution. Therefore, commercial bids exceeding $250,000 from any of Council’s commercial units are also required to be reported to Council prior to it being submitted to an external agency.

The purpose of this report is to request that Council authorises the release of Commercial Bids from Council’s Coastal Works Business Unit in response to two (2) known tender opportunities issued by external agencies.

2020/63

Resolved (Cr George Cecato / Cr Paul Amos)

That Council authorises the release of the following Tender Responses from Council’s Coastal Works Commercial Business Unit:

1.       Client Nambucca Shire Council – Tender T005/2020 – Tender for Construction of Park Infrastructure, V Wall Precinct Upgrade;

2.       Client National Parks and Wildlife Services (NPWS) – Contact SR2202113983 – Tender for Construction of Pedestrian Bridge over Mopra.

 

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

Carried

 

 

Questions on notice

No questions on notice.

 

 

Matters of an Urgent Nature

 

MUN20/03      Recording PROCESS of Council Meetings

 

Cr Keith Rhoades asked how long Council keeps the recordings of Council meetings.  He was advised that they are kept on Sound Cloud and the question was taken on notice for a more detailed response.

 

 

 

 

 

 

 

Close of Meeting

The Meeting closed at 6.57pm.

 

Confirmed: 26 March 2020

 

 

 

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

Denise Knight

Mayor