Ordinary Council Meeting Minutes                                                             28 May 2020

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting

VIA AUDIO-VISUAL LINK
ON
Thursday, 28 May 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.

Public forum commenced at 5.00pm

Due to there being no public gallery following the announcement that public access to Council’s offices has been temporarily suspended as a precaution to help reduce the risk of Coronavirus COVID-19 infection, all speakers are providing a written statement which will be read to the meeting.

Speaker

Item

Jim Booth

Against RM20/01 Rescission Motion Request for Review of Determination – Development Application No. 0419/19 - Multi-Dwelling Housing (8 Units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - 2 Fourth Avenue, Sawtell

Speaker

Item

Helen Crofts

For RM20/01 Rescission Motion Request for Review of Determination – Development Application No. 0419/19 - Multi-Dwelling Housing (8 Units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - 2 Fourth Avenue, Sawtell

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Denise Knight

RM20/01 Rescission Motion - Request for Review of Determination – Development Application No. 0419/19 - Multi-Dwelling Housing (8 Units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - 2 Fourth Avenue, Sawtell

Non-Pecuniary - Significant Conflict as she has close relationships

 

 

Apologies

No apologies.

 

REQUESTS FOR LEAVE OF ABSENCE

No requests for leave of absence.

 

Confirmation of Minutes

2020/107

Resolved (Cr Sally Townley / Cr Tegan Swan)

That the minutes of the Ordinary Meeting held on 14 May 2020 be confirmed.

 

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

Carried

 

Cr Denise Knight declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 5.17pm.

 

The Deputy Mayor assumed her Chair.

 

 

 

RM20/01         RESCISSION MOTION - Request for Review of Determination – Development Application No. 0419/19 - Multi-Dwelling Housing (8 units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - Lot 21, DP 20607, Lot 20, DP 20607 and Lot 1, Sec 23, DP 19360, 2 Fourth Avenue, Sawtell

 

Councillors Townley, Rhoades and Swan, have given notice of their intention to move the following rescission motion:

 

 

Motion (Cr Sally Townley / Cr Keith Rhoades)

That the resolution 2020/96 titled Request for Review of Determination – Development Application No. 0419/19 - Multi-Dwelling Housing (8 units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - Lot 21, DP 20607, Lot 20, DP 20607 and Lot 1, Sec 23, DP 19360, 2 Fourth Avenue, Sawtell that was passed at the Ordinary Meeting of Council on 14 May 2020 be rescinded.

 

For:         Crs Rhoades, Swan and Townley

Against:  Crs Adendorff, Amos, Arkan and Cecato

The RESCISSION MOTION on being put to the meeting was LOST.

 

 

Cr Knight resumed Chair of the meeting, the time being 5.55pm.

 

Notices of Motion – General

 

NOM20/07      Research Options to Conduct a By-Election

 

Motion (Cr Keith Rhoades / Cr Paul Amos)

That Council research and investigate ALL options to conduct a By-Election to fill the vacancy on Coffs Harbour City Council.  ALL options such as in person, electronically, postal or by any means acceptable to the electoral laws and rules within NSW.  This report to be presented Back to Council as a matter of urgency.  Should the NSW Electoral Commission not be in a position to conduct an election there are other organisations that provide these services such as The Australian Electoral Company.

 

 

Amendment

 

(Cr Sally Townley / Cr George Cecato)

That Council research and investigate ALL options to conduct a By-Election to fill the vacancy on Coffs Harbour City Council.  ALL options such as in person, electronically, postal or by any means acceptable to the electoral laws and rules within NSW.  This report to be presented Back to Council as a matter of urgency.  Should the NSW Electoral Commission not be in a position to conduct an election there are other organisations that provide these services such as The Australian Electoral Company.  That no further action be taken until the Report is considered by Council and the Local Government ordinary elections have been gazetted.

 

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

Against:  Crs Arkan and Rhoades

The AMENDMENT on being put to the meeting was carried.  It then became the MOTION as amended.

 

 

AMENDED Motion

2020/108

Resolved (Cr Sally Townley / Cr George Cecato)

That Council research and investigate ALL options to conduct a By-Election to fill the vacancy on Coffs Harbour City Council.  ALL options such as in person, electronically, postal or by any means acceptable to the electoral laws and rules within NSW.  This report to be presented Back to Council as a matter of urgency.  Should the NSW Electoral Commission not be in a position to conduct an election there are other organisations that provide these services such as The Australian Electoral Company.  That no further action be taken until the Report is considered by Council and the Local Government ordinary elections have been gazetted.

 

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

Against:  Crs Amos, Arkan and Rhoades

The amended Motion on being put to the meeting was declared carried.

Carried

 

 

Motion

2020/109

Resolved (Cr Keith Rhoades / Cr Tegan Swan)

That item GM20/10 Code of Conduct Review Panel be referred to Closed Session.

 

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

Carried

 

Directorate Reports - Business Services

 

BS20/31          Bank and Investment Balances for April 2020

 

Executive Summary

Council’s Bank Balances and Investments as at 30 April 2020 totalled $214,823,295.70.  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 Delivery Program and associated Operational Plans.

 

2020/110

Resolved (Cr George Cecato / Cr Tegan Swan)

That Council note the bank balances and investments totalling $214,823,295.70 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 April 2020.

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

Carried

 

 

 

BS20/32          Quarterly Budget Review Statement for March 2020

 

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 Local Government (General) Regulation 2005.  This regulation requires a Council’s Responsible Accounting Officer to submit quarterly budget review statements to the governing body of Council.  These 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.

 

COVID-19 has introduced an element of uncertainty into the budget review process.  Financial adjustments and policy positions are continuing to be developed to ensure that Council is minimising the disruption to services and supporting the local community through the public health crisis.

 

2020/111

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 March 2020:

 

2019/20 Original Budget

2019/20 Revised Budget

2019/20 Projected Budget

2019/20 Mar YTD Actuals

 

$‘000

$‘000

$‘000

$‘000

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

98,664

98,663

98,663

100,731

User Charges & Fees

44,303

52,109

45,947

35,012

Interest & Investment Revenue

5,153

5,153

5,153

4,318

Other Revenues

18,263

10,632

10,479

7,449

Grants & Contributions provided for Operating Purposes

14,184

15,401

14,957

8,868

Total Recurrent Revenue

180,567

181,958

175,199

156,378

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

56,820

57,383

57,511

46,084

Borrowing Costs

8,814

8,773

8,773

5,571

Materials & Contracts

119,251

136,534

132,759

69,791

Depreciation & Amortisation

45,350

45,350

45,350

34,079

Other Expenses

15,614

12,828

13,165

7,941

Less: Capitalised Expenses

(66,745)

(77,915)

(75,990)

(37,497)

Total Recurrent Expenditure

179,104

182,953

181,568

125,969

 

 

 

 

 

Net Operating (Deficit) / Surplus

1,463

(995)

(6,369)

30,409

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

22,541

22,607

22,290

13,585

Total Capital Revenue

22,541

22,607

22,290

13,585

 

 

 

 

 

Net Surplus

24,004

21,612

15,921

43,994

 

2.    Approve the following budget adjustments:

·   $5,373,498 increase in the budgeted net operating deficit;

·   $316,619 decrease in budgeted capital revenue to be received;

·   $1,925,459 decrease in the budgeted level of capital expenditure;

·   $154,052 funding from cash reserves

 

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

Carried

 

 

 

BS20/33          Loan Borrowing - Offsite Storage Facility

 

Executive Summary

At the Council meeting held on 27 June 2019 Council adopted the 2017-2021 Delivery Program and 2019/20 Operational Plan.  Included in the adopted Operational Plan was the proposed loan borrowings for 2019/20.  Council endorsed an external loan of $2,600,000 for the construction of a fit for purpose storage facility to encompass the cultural collections for both the Regional Museum and Regional Art Gallery, corporate storage and property storage capable of fulfilling Council's offsite storage requirements for the next 30 years.

 

As a result, Council has sought Expressions of Interest (EOIs) from three financial institutions in accordance with its Loan Policy. Indicative rates were received from Westpac Banking Corporation, National Australia Bank and Commonwealth Bank of Australia.  The indicative rates quoted by these financial institutions are contained within the confidential attachment.

 

From the EOIs received it is recommended that Council enter into a fixed interest rate loan agreement to borrow $2,600,000 over 10 years with the National Australia Bank.

 

2020/112

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council receive a more detailed report on the proposed storage facility, including but not limited to:

a)      Current and projected storage costs;

b)      Current[KO1]  arrangements for storage across work groups;

c)      Current level of design work regarding proposed building;

d)      Timeline;

e)      Background on site selection; and

f)       Discussion comparing external loan borrowing versus using existing reserves.

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

Carried

 

 


 

Directorate Reports - Sustainable Communities

 

SC20/24          Project Update – Coffs Harbour Place and Movement Strategy

 

Executive Summary

Council at its Ordinary Meeting of 6 December 2018 noted a project scope for the preparation of a future transport strategy for the Coffs Harbour Local Government Area (LGA). The initial stages of the project scope included the development of a vision; identification of challenges and opportunities; and planning a way forward for Coffs Harbour.

The purpose of this report is to seek Council’s adoption of the vision for the strategy (Attachment 1) and to provide Council with an update by presenting the Coffs Harbour Place and Movement Strategy – Project Update which identifies opportunities, challenges and the focus areas to be considered by the forthcoming strategy (Attachment 2).

 

2020/113

Resolved (Cr Paul Amos / Cr John Arkan)

That Council:

1.         Adopt the Coffs Harbour Place and Movement Strategy Vision (Attachment 1).

2.         Note the Coffs Harbour Place and Movement Strategy - Project Update (Attachment 2).

3.         Requires that the final draft Coffs Harbour Place and Movement Strategy:

3.1      Increases the forecasted investment in active transport (walking and bike riding) networks and facilities from $20 million ($25 per person per year) up to $30 million ($37.50 per person per year) over 10 years,

3.2      Identifies complementary “satellite “ parking areas for the village centres with associated funding strategies

4.         Note that the final draft Coffs Harbour Place and Movement Strategy will be brought to Council seeking endorsement for public exhibition in the near future.

 

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

Carried

 

 

 

 

SC20/25          Planning Proposal PP_2019_COFFS_001_00 Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Lot 111 DP 730304, 7 Tasman Street, Corindi Beach - Post Exhibition

 

Executive Summary

At its Ordinary Meeting of 28 February 2019, Council resolved to initiate Planning Proposal (PP_2019_COFFS_001_00) to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to rezone Lot 111 DP730304, 7 Tasman Street, Corindi Beach and the adjoining road reserve, from RU2 Rural Landscape to R1 General Residential and R2 Low Density Residential and to amend the minimum lot size to accord with the proposed land use zones. Council also resolved at the same meeting to amend Coffs Harbour Development Control Plan (DCP) 2015 maps to align with the proposed land use zones.

Public exhibition of the planning proposal and draft DCP amendment was undertaken from 29 January 2020 to 26 February 2020. The purpose of this report is to seek endorsement from Council of Planning Proposal PP_2019_COFFS_001_00 Tasman Street, Corindi Beach - Post Exhibition (Attachment 1) and approval of Coffs Harbour DCP 2015 - Amendment No. 12 (7 Tasman Street Corindi Beach) (Attachment 2).

 

2020/114

Resolved (Cr Sally Townley / Cr John Arkan)

That Council:

1.       Endorse Planning Proposal PP_2019_COFFS_001_00 Tasman Street, Corindi Beach - 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_2019_COFFS_001_00 Tasman Street, Corindi Beach - 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_2019_COFFS_001_00 Tasman Street, Corindi Beach - Post Exhibition.

4.       Approve Coffs Harbour Development Control Plan 2015 - Amendment No. 12 (7 Tasman Street, Corindi Beach) (Attachment 2), which will come into effect when public notice of Council’s decision is made in accordance with Part 3, Division 3 of the Environmental Planning and Assessment Regulation 2000.

5.       Inform those whom made a submission to Planning Proposal PP_2019_COFFS_001_00 Tasman Street, Corindi Beach and draft Coffs Harbour Development Control Plan 2015 Amendment Number 12 (7 Tasman Street, Corindi Beach), as well as affected landowners of Council’s decision.

 

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

Carried

 

 

 

SC20/26          Development Application No. 0603/20 - Dwelling Resulting in Detached Dual Occupancy - Lot 1, DP 1226907, 450 Crossmaglen Road, Bonville

 

Executive Summary

This report provides an assessment of Development Application No. 0603/20 for a dwelling (resulting in detached dual occupancy) and swimming pool at Lot 1 DP 1226907, 450 Crossmaglen Road, Bonville.

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%.

 

2020/115

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 separation distance of dwellings (detached dual occupancy) under Clause 4.2E(2)(c) of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.      Approve Development Application No. 0603/20 for a dwelling (resulting in detached dual occupancy) and swimming pool at Lot 1 DP 1226907, 450 Crossmaglen Road, Bonville subject to the conditions provided in Attachment 3.

 

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

Carried

 

 

Questions on Notice

QON20/04      PROPOSED COST – GORDON STREET STREETSCAPE WORKS

The report was noted.

 

Matters of an Urgent Nature

 

MUN20/04      National Sorry Day

 

Cr Sally Townley asked the Mayor to consider a minute silence at this point in the meeting for the recognition of the comemoration of National Sorry Day.  The Mayor considered this a Matter of an Urgent Nature and the meeting paused for a minutes silence.

 

 

CLOSED SESSION – SECTION 10a

 

The Mayor requested a motion to close the meeting to consider item GM20/10 Code of Conduct Review Panel, the time being 7.13pm

 

 

Motion

2020/116

Resolved (Cr Keith Rhoades / Cr John Arkan)

That the meeting be closed to the staff, press and public during consideration of the following item for the reasons as stated:

GM20/10 Code of Conduct Review Panel

(2)(d)(i)     commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

 

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

Carried

 

The public audio-visual was turned off.

 

The meeting adjourned for a short recess, the time being 7:14pm and reconvened at 7.22pm.

 

 

GM20/10         Code of Conduct Review Panel

 

Executive Summary

In accordance with Part 3 of Council’s adopted Procedures for the Administration of the Model Code of Conduct (Procedures), Council must resolve to establish a panel of conduct reviewers.  The purpose of the panel is to have suitably qualitied and experience persons available to review and investigate Local Government Code of Conduct matters. Coffs Harbour City Council coordinated the expression of interest (EOI) on behalf of Mid North Coast Regional Organisation of Councils (MIDROC) which includes Bellingen Shire, Clarence Valley and Nambucca Valley Councils to establish a new conduct review panel.  The purpose of this report is to present the results of the EOI and seek appointment of the nominated recommended panel members.

 

 

During discussion Cr Tegan Swan declared a Non Pecuniary Significant interest in the following item, and took no part in further discussion or voting.

 

2020/117

Resolved (Cr Michael Adendorff / Cr Paul Amos)

That Council appoint the following as Conduct Reviewers of Local Government Code of Conduct matters for Coffs Harbour City Council:

1.         Train Reaction Pty Ltd                         Kathy Thane

2.         Weir Consulting Pty Ltd                       Peter Harvey

                                                                 Amanda Harvey

                                                                 Christa Ludlow

                                                                 Kate Molloy

                                                                 Matthew Dacey

                                                                 Mark Loves

                                                                 Michael Symons

                                                                 James Attenborough

                                                                 Jackie Gallo

                                                         Kylie Rose

3.         Reinforcements Pty Ltd                        Gary Kellar

                                                                 David Broyd

                                                                 Graham Webb

                                                                 Judith Himstedt

4.         Bradley Allen Love (BAL) Lawyers      Gabrielle Sullivan

5.         Locale Consulting Pty Ltd                    Emma Broomfield

6.         SINC Solutions Pty Ltd                        Kath Roach

 

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

Against:  Crs Arkan and Rhoades

Carried

 

 

OPEN MEETING

 

The Mayor requested an appropriate motion to enable the meeting to resolve into Open Meeting, the time being 7.34pm.

 

 

Motion

2020/118

Resolved (Cr Paul Amos / Cr George Cecato)

That Council move into Open Session.

 

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

Carried

 

 

Cr Tegan Swan returned to the meeting, the time being 7.36pm.

 

 

Motion

2020/119

Resolved (Cr John Arkan / Cr George Cecato)

That the resolution of the Closed Session be adopted.

 

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

Carried

 

The General Manager read to the meeting the resolution of the Closed Session.

 

 

 

Close of Meeting

The Meeting closed at 7.38pm.

 

Confirmed: 11 June 2020

 

 

 

 

 

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

Denise Knight

Mayor

 

 

 

 


 [KO1]