Ordinary Council Meeting Minutes                                                     13 August 2020

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

VIA AUDIO-VISUAL LINK
ON
Thursday, 13 August 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 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 commenced at 5.00pm

Due to there being no public gallery 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

Dr Anna Scott

Against SC20/41 Development Application No. 1027/17 - Additions to Caravan Park (26 Additional Camp Sites, Ablutions Building, Replacement Bridge and Internal Roads) - Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach

Paul Widdowson

Against SC20/41 Development Application No. 1027/17 - Additions to Caravan Park (26 Additional Camp Sites, Ablutions Building, Replacement Bridge and Internal Roads) - Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach

Greg Vincent

For SC20/41 Development Application No. 1027/17 - Additions to Caravan Park (26 Additional Camp Sites, Ablutions Building, Replacement Bridge and Internal Roads) - Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach

Gabrielle Brabander

Against BS20/46 Cultural and Civic Space - Funding Options and Financial Implications of Change of Space

Heather McKinnon

For BS20/46 Cultural and Civic Space - Funding Options and Financial Implications of Change of Space

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Michael Adendorff

BS20/46 Cultural and Civic Space – Funding Options and Financial Implications of Change of Space

Non-Pecuniary - Less Than Significant Conflict as he has property interests.

 

Apologies

No apologies.

 

REQUESTS FOR LEAVE OF ABSENCE

No requests for leave of absence.

 

Mayoral Minute

 

MM20/04        Local Government Exclusion From National Cabinet

2020/169

Resolved (Cr Denise Knight)

That Council:

1.         Agrees to send a letter to the Premier and to Mr Pat Conaghan and Mr Gurmesh Singh as the Federal Member for Cowper and the State member for Coffs Harbour respectively which highlights the critical necessity for Local Government representation on the newly formed National Cabinet and seeks their assistance in requesting that First Ministers review the decision to exclude Local Government.

2.         Seeks a meeting with our local Federal and State Members to discuss in more detail the importance of having local government representation on National Cabinet and the value of partnerships with Councils in achieving the objectives of the National Cabinet and the national reform agenda.

3.         Notes that the Australian Local Government Association, Local Government NSW and other state/territory local government associations will continue to advocate for local government representation on the National Cabinet and for Local Government’s interests in all relevant forums.

 

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

Carried

Confirmation of Minutes

2020/170

Resolved (Cr Sally Townley / Cr George Cecato)

That the minutes of the Ordinary Meeting held on 23 July 2020 be confirmed.

 

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

Carried

 

 

DIRECTORATE REPORT – SUSTAINABLE COMMUNITIES

 

SC20/41          Development Application No. 1027/17 - Additions to Caravan Park (26 Additional Camp Sites, Ablutions Building, Replacement Bridge and Internal Roads) - Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach

 

Executive Summary

This report provides an assessment of Development Application No.1027/17 for additions to the existing caravan park, by the addition of 26 camp sites, ablutions building, replacement bridge and internal roads at Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach.

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 application was advertised and notified on two separate occasions and received significant public interest and community input.

Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’.

2020/171

Resolved (Cr Sally Townley / Cr John Arkan)

That Council defer further consideration of Development Application No. 1027/17 pending:

1.         A final hydraulic assessment for the proposed new bridge, including details of flood levels immediately upstream and downstream in the 20 year ARI, 100 year ARI and PMF design flood events, together with complete detailed design and construction levels of the new bridge.

2.         Ecological assessment of the vegetation removal and riparian disturbance associated with bridge construction.

3.         An updated traffic and parking supply assessment be provided.

 

For:         Crs Knight, Arkan, Swan and Townley

Against:  Crs Adendorff, Amos, Cecato and Rhoades

 

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

 

Directorate Reports - Business Services

 

BS20/46          Cultural and Civic Space - Funding Options and Financial Implications of Change of Space

 

Executive Summary

There are a number of alternative funding options available to the Council should it decide not to sell Rigby House and the Administration Building to assist in funding the Cultural and Civic Space Project. These include, but are not limited to, one or more of:

-     Additional External Borrowing

-     Special Rate Variation

-     Rental of Rigby House and Administration Building

-     Grant Funding

-     Philanthropy

-     Internal Borrowing

-     Joint Venture/Public Private Partnership

-     Developer Contributions

-     Airport Lease Allocation

After considering the financial impact and pros and cons of each these options, the current position of selling both the Administration Building and Rigby House is still recommended. Should sales of one or more of the four commercial properties not be realised, the Council report on the property sale negotiations can also analyse in more detail the most viable alternative funding options.

The financial implications of the removal of the proposed functions of Council staff offices and associated working spaces from the Cultural and Civic Space Project will be approximately $38 million in additional costs over 20 years.  This will enable the retention of the Administration Building and Rigby House, the refurbishment the Administration Building to accommodate all administration staff then allowing Rigby House to be externally leased, and allow the Council staff offices and associated working spaces within the Cultural and Civic Space to be externally leased. This total cost is in addition to any ongoing operating costs already budgeted for the operation of the Cultural and Civic Space Building.

 

Motion (Cr Paul Amos / Cr Keith Rhoades)

That Council:

1.         Continue to prepare costing and designs for the proposed Cultural and Civic Space project to final contract stage.

2.         Remove from sale the properties known as Castle St, Rigby House, Rose Avenue and Museum properties.

3.         Return the 4 specified properties to the market for sale after Council has considered the price submitted by the ECI builder under the current contract or call tenders for the Cultural and Civic Space building.

4.         Proceed to finalising the construct contract with the ECI builder or call tenders only when either the fully costed project has secured not less than 40% funding from Federal or State government sources or it is a resolution of Councillors in their normal Council term.

5.         Receive a report on the projected costings on the project elements of total interest, legal fees, demolition of existing buildings on Gordon Street and the percentage of the proposed storage building to be used for art gallery and museum offsite storage.

 

 

Amendment

2020/172

RESOLVED (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.         Note the report in response to Council Resolution No. 2020/100, items 2, 5 and 6.

2.         Continue temporary pause of the sale of 2 Castle Street, Coffs Harbour and 27-29 Duke Street, Coffs Harbour till the Development Application is determined and if approved and detailed design and costing is complete.

3.         Once the Development Application is determined and if approved and detailed design and costing is complete authorise the General Manager to engage in negotiations with prospective buyers via the commercial real estate agent engaged by Council under the current agency agreement with a view to achieving a reasonable offer in line with market value for:

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

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

4.         Note that a report will be brought back to Council in regard to property sale negotiations.

5.         Receive a report on the projected costings on the project elements of total interest, legal fees, demolition of existing buildings on Gordon Street and the percentage of the proposed storage building to be used for art gallery and museum offsite storage.

 

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

Against:  Crs Amos, Arkan and Rhoades

 

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

 

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

Against:  Crs Amos, Arkan and Rhoades

 

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

Carried

 

 

The meeting adjourned for a short recess, the time being 7.40pm and reconvened at 7.51pm.

 

 

Notices of Motion – General

 

NOM20/09      COVID-19 Risk Impact on Council

2020/173

Resolved (Cr Paul Amos / Cr Keith Rhoades)

“That Council and the Audit & Risk Committee receive a report into the risk to Council of ‘contract and lease frustration’ as a result of COVID-19.”

 

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

Carried

 

 

General Manager's Reports

 

GM20/19         Airport Enterprise Park Development Probity Plan

 

Executive Summary

This report presents the amended Airport Enterprise Park Development Probity Plan for Council’s endorsement. This plan has been amended to describe the process for anyRequest to amend Council’s LEP – Proponent Led Planning Proposal’ is to occur.

The change shows that any planning proposal that is prepared will be presented to Council with recommendation that Council resolve to request to the Minister, to direct another authority, such as the Northern Regional Planning Panel (NRPP), to be the planning proposal decision authority.

2020/174

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.         Defer consideration of the Airport Enterprise Park Development Probity Plan until binding bids for the Enterprise Park have been received and assessed.

2.         Note that the amended Airport Park Development Probity Plan will not adequately address the issue of conflict of interest as it cannot be retrospectively applied to lease negotiations to date.

3.         Note that there is no resolved position of Council with respect to a proposed rezoning.

4.         Note there is currently no publicly available detail as to what the proposed rezoning will be.

 

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

Against:  Crs Adendorff, Cecato and Rhoades

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC20/42          Development Application No. 0436/20 - Dwelling (Resulting in Detached Dual Occupancy) and Shed - Lot 42 DP 119621, 263A Shephards Lane, Coffs Harbour

 

Executive Summary

This report provides an assessment of Development Application No. 0436/20 for a dwelling (resulting in detached dual occupancy) and shed at Lot 42 DP 119621, 263A Shephards Lane, 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%.

2020/175

Resolved (Cr Sally Townley / Cr George Cecato)

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. 0436/20 for a dwelling (resulting in a detached dual occupancy) and shed at Lot 42 DP 119621, 263A Shephards Lane, Coffs Harbour, subject to the conditions in Attachment 3.

3.         Advise persons who made a submission on Development Application No. 0436/20 of Council’s decision.

 

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

Carried

 

 

 

SC20/43          Bi-Annual Customer Satisfaction Survey Report

 

Executive Summary

Council conducts a Customer Satisfaction Survey and a Community Wellbeing Survey every two years. The 2020 Customer Satisfaction Survey was conducted by an independent research company, with 504 randomly selected residents polled by a telephone survey (landline and mobile) between 27 April and 2 May 2020. The Community Wellbeing Survey was delayed until the second half of 2020 as a result of COVID-19.

The Customer Satisfaction Survey aims to assess satisfaction with and priorities towards, Council facilities and services. An additional question was included in the 2020 survey to establish what residents believe Council could do to assist the community during and beyond COVID-19 and during other times of emergency or disaster.

The purpose of this report is to provide the results from this survey for Council’s consideration.

2020/176

Resolved (Cr Sally Townley / Cr George Cecato)

That Council:

1.         Note the findings of the 2020 Customer Satisfaction Survey Report.

2.         Place the 2020 Customer Satisfaction Survey Report on Council’s website.

 

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

Carried

 

 

Directorate Report - Sustainable Infrastructure

 

SI20/14           Waste Services - Fees and Charges Correction

 

Executive Summary

At its meeting on 25 June 2020 Council resolved to adopt the 2020/21 Fees and Charges. One Fee was reported to Council using a published rate not sought by Waste Services and this report seeks to rectify that. 

 

2020/177

Resolved (Cr George Cecato / Cr Paul Amos)

That Council:

1.         Note the intention to reduce the existing published Charge of $291.00 per tonne Charge for Waste Services – Commercial/Industrial Mixed Waste Class M1 – Sorted <3 Contamination with a Charge of $251.00 per tonne, inclusive of GST.

2.         Place the intended amendment on public exhibition for a minimum period of 28 days.

3.         Receive a further report on the matter following the public exhibition period.

 

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 8.31pm.

 

Confirmed: 27 August 2020

 

 

 

 

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

Denise Knight

Mayor