Ordinary Council Meeting Minutes                    8 October 2020

  Crestclr

MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 8 October 2020 AT 5.00pm

 

PRESENT:               Cr Denise Knight, Cr Michael Adendorff, Cr Paul Amos, Cr John Arkan, Cr George Cecato, Cr Keith Rhoades, 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

Ann Leonard

Against BS20/57 Sale of Property, Lot 101 DP1041655, 215A Harbour Drive, Coffs Harbour

Heather McKinnon

For BS20/57 Sale of Property, Lot 101 DP1041655, 215A Harbour Drive, Coffs Harbour

 

 

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Michael Adendorff

BS20/57 Sale of Property, Lot 101 DP1041655, 215A Harbour Drive, Coffs Harbour

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

Cr Michael Adendorff

GM20/25 Contract No. RFT-1241-TO - Demolition Works 23 - 31 Gordon Street, Coffs Harbour

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

Cr Keith Rhoades

BS20/56 Rent Waivers for Council Tenants Impacted By Covid-19 Restrictions

Non-Pecuniary - Significant Conflict as he is an Executive Member of an organisation that receives assistance.

Cr Keith Rhoades

SI20/17 Recycled Water - Introduction of Fees and Charges

Non-Pecuniary - Significant Conflict as he is an Executive Member of an organisation that is a user of a very small amount of reclaimed water.

 

Apologies

                   No apologies

 

LEAVE OF ABSENCE

                 

Motion

2020/213

Resolved (Cr Sally Townley / Cr John Arkan)

That leave of absence as requested from Councillor Swan be approved

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

Carried

On behalf of Coffs Harbour City Council, the Mayor offered her condolences to Councillor Swan who is attending a family funeral.

 

Confirmation of Minutes

2020/214

Resolved (Cr John Arkan / Cr Sally Townley)

That the minutes of the Ordinary Meeting held on 10 September 2020 be confirmed.

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

Carried

 


 

 

BS20/57          Sale of Property, Lot 101 DP1041655, 215A Harbour Drive, Coffs Harbour

 

Executive Summary

Council resolved on 14 May 2020 and again on 13 August 2020 to sell the property at 215A Harbour Drive, Coffs Harbour, currently used for the Coffs Harbour Museum. The sale is part of the funding model for the proposed Cultural and Civic Space Project in Gordon Street, Coffs Harbour.

The property has been held by Council since October 2010 when it was purchased and the property has since operated as a museum. The property is known as Lot 101 DP 1041655 and has a site area of some 1,731 square metres. The lettable area of the main building is approximately 251 square metres. The property is listed as an item of significant Local Heritage under the provisions of Coffs Harbour LEP 2013.

Council has received an offer of $950,000 excluding GST for the purchase of the property which is within 5% of a recent independent valuation that was commissioned by Council. The offered price is considered fair and reasonable and in line with current market conditions. It is recommended that Council accept the offer.

Coffs Harbour Council as part of the sale will continue to occupy the property and will enter into a 3 year lease with 3 x 1 year options for continuing tenure initially at a rental of $60,500 per annum net.

 

Motion (Cr Michael Adendorff / Cr George Cecato)

That Council:

1.           Approve the sale of Lot 101 DP1041655, 215A Harbour Drive, Coffs Harbour at the agreed price of $950,000 exclusive of GST.

2.           Note that each party will pay their own conveyancing costs in relation to the matter.

3.           Execute all documents necessary to facilitate the sale and under the common seal of Council if required.

For:          Crs Adendorff and Cecato

Against:  Crs Knight, Amos, Arkan, Rhoades and Townley

The Motion on being put to the meeting was LOST.

 

 

 

General Manager's Reports

 

GM20/22         Disclosure of Interest by Councillors and Designated Persons

 

Executive Summary

Section 440AAB of the Local Government Act 1993 (the Act) requires Councillors (and designated persons) to lodge a Disclosure of Interest by Councillors and Designated Persons Return.  All Councillors who held office at 30 June and designated persons, should have lodged such a return by 30 September 2020.  Under the Act, these returns are to be tabled at the first Council meeting following the last day for lodgement.

 

2020/215

Resolved (Cr Paul Amos / Cr Sally Townley)

That Council note the Register of Disclosure of Interests by Councillors and Designated Persons for the period July 2019 – June 2020, as tabled.

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

Carried

 

 

 

 

GM20/23         Covid-19 Contract Advice

 

Executive Summary

On 13 August 2020 Council resolved ‘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’.

This report is in response to that resolution.

2020/216

Resolved (Cr George Cecato / Cr Sally Townley)

That:

1.           Council note this report and attached advice.

2.           A risk assessment be conducted against all existing contracts that meet the threshold of:

a)     value greater than $1,000,000, and

b)     remaining term more than 2 years, and

c)     a criticality threshold where the works or services, if not performed, would have a significant impact on the availability of community services or Council functions.

3.           The Audit and Risk Committee receive a follow up report detailing the completed risk assessments of any contracts that meet these threshold requirements.

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

Carried

 

 

 

 

GM20/24         2019/20 Audit and Risk Committee report to Council

 

Executive Summary

The purpose of this report is to inform Council on the activities of the Audit and Risk Committee for the financial year ending 30 June 2020. 

 

2020/217

Resolved (Cr Sally Townley / Cr George Cecato)

That Council receive and note the report of the Audit and Risk Committee for 2019-2020.

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

Carried

 


 

 

GM20/25         Contract No. RFT-1241-TO - Demolition Works 23 - 31 Gordon Street, Coffs Harbour

 

Executive Summary

As part of preparations for the site of the Cultural and Civic Space (CCS) building, demolition of the current buildings which are at their end of life is required. Therefore, a Request for Tender (RFT-1241-TO) Demolition Works, 23–31 Gordon Street, Coffs Harbour was called in accordance with the Tendering Regulations and Council’s resolved position.  Assessment criteria and tender acceptance recommendations are contained in the tender assessment (Confidential Attachment 1).  The associated report of the project’s independent Probity Advisor is also included as Confidential Attachment 2.

 

2020/218

Resolved (Cr George Cecato / Cr Sally Townley)

1.           That under authority delegated by Council, the General Manager accepts the tender of Aademex Pty Ltd, ABN 99 127 883 890 for Contract No. RFT-1241-TO for Demolition Works for 23-31 Gordon Street, Coffs Harbour for the Lump Sum contract amount of $219,184.20 Incl GST, on the basis that:

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

b)     The Tenderer has the necessary experience in similar works and his ability and performance are satisfactory.

2.           That the contract documents be executed under delegated authority by the General Manager.

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

Against:  Crs Arkan and Rhoades

Carried

 

 

NOM20/14      Length of Proposed Airport Lease Contract

2020/219

Resolved (Cr Paul Amos / Cr John Arkan)

That Council write to the potential lessee of the airport asking for permission to release the length of the lease and option of the airport with an expedited response. This response is to be reported by council with a view to providing transparency and confidence to the community.

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

Carried

 

Directorate Reports - Business Services

 

BS20/53          Monthly Financial Performance Report for the Month Ended 31 July 2020

 

Executive Summary

This report presents the Monthly Financial Performance Report for the month ended 31 July 2020.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  As at 31 July 2020 the budget year to date surplus is $92.2 million with the actual year to date surplus being $96.2 million.

The explanation of year to date variances is contained within the Income Statement commentary under Variance Comments for variances greater than 10%.  There are individual recurrent revenue sources with variances but overall recurrent revenue is on track, similarly for recurrent expenditure.

The capital expenditure target for the current financial year is $134.7 million with $3.5 million expended to the end of July.

2020/220

Resolved (Cr George Cecato / Cr Paul Amos)

That Council note the Monthly Financial Performance Report for 31 July 2020.

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

Carried

 

 

BS20/54          Monthly Financial Performance Report for the Month Ended 31 August 2020

 

Executive Summary

This report presents the Monthly Financial Performance Report for the month ended 31 August 2020.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  As at 31 August 2020 the budget year to date surplus is $83.3 million with the actual year to date surplus being $85.5 million.

The explanation of year to date variances is contained within the Income Statement commentary under Variance Comments for variances greater than 10%.  There are individual recurrent revenue sources with variances but overall recurrent revenue is on track, similarly for recurrent expenditure.

The capital expenditure target for the current financial year is $134.7 million with $6.8 million expended to the end of August.

2020/221

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council note the Monthly Financial Performance Report for 31 August 2020.

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

Carried

 

 

BS20/55          Bank and Investment Balances for August 2020

 

Executive Summary

Council’s Bank Balances and Investments as at 31 August 2020 totalled $216,605,160.25.  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.

 

2020/222

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council note the bank balances and investments totalling $216,605,160.25 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 August 2020.

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

Carried

 

Cr Keith Rhoades declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 5:42 pm.

 

 

BS20/56          Rent Waivers for Council Tenants Impacted by COVID-19 Restrictions

 

Executive Summary

Many businesses in the Coffs Harbour City Council area have been adversely affected by the COVID-19 pandemic and the associated steps that have been taken by governments to slow down infection levels.

Council is a landlord for many organisations and businesses throughout the Local Government Area and has already implemented assistance for business and community groups that have been adversely affected.

Further assistance is required during these difficult times.  As the situation with regards to COVID-19 is consistently changing it is recommended that for all tenants the assistance will be assessed in line with the Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 adopted by the National Cabinet and the Retail and Other Commercial Leases (COVID-19) Regulation 2020.

The financial impact of this Council provided assistance, depending on the assessment, could be from a minimum of nil up to approximately $275,000.

2020/223

Resolved (Cr Paul Amos / Cr George Cecato)

That Council:

1.           Request all tenants to provide information to Council to enable an assessment to be made in accordance with the Retail and Other Commercial Leases (COVID-19) Regulation 2020 and the General Manager be delegated authority to determine the level of assistance from the Council as outlined in this Regulation for the period 1 October 2020 – 31 March 2021 (inclusive), noting that a review will occur on a quarterly basis.

2.           Request a further report in March 2021 to allow consideration for a further period of rental waivers and/or deferrals in accordance with the Retail and Other Commercial Leases (COVID-19) Regulation 2020 for impacted tenants.

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

Carried

 

Cr Keith Rhoades returned to the meeting, the time being 5.44pm.

 

Notices of Motion – Sustainable Communities

 

NOM20/15      Scope of Work and Associated Costings for Place Manual for Park Beach

2020/224

Resolved (Cr Paul Amos / Cr John Arkan)

"That Council staff prepare a report on a scope of work and associated costings for a place manual for Park Beach consistent with Action 3.3 of Council's Local Strategic Planning Statement."

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

Carried

 

Directorate Reports - Sustainable Communities

 

SC20/55          Coffs Harbour Local Growth Management Strategy - Chapter 8 - Employment Lands - Post Exhibition - and Chapter 9 - Resources

 

Executive Summary

Council at its Ordinary Meeting of 26 March 2020, resolved to endorse the draft Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands and the Coffs Harbour Employment Lands Background Report for public exhibition. This chapter (and associated background report) provides a strategic approach to the sustainable delivery of employment land within the Coffs Harbour Local Government Area (LGA) over the next twenty years.

The purpose of this report is to seek endorsement of the final Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands (Attachment 1), which has been amended in response to the feedback received during agency and public consultation undertaken on the draft chapter and background report; and to seek its endorsement from NSW Department of Planning, Industry and Environment (DPIE). Endorsement of this chapter by DPIE is necessary before Council can use the document to inform planning proposals and strategic directions of Council. Chapter 9 – Resources has also been updated and included in Attachment 1.

Completion of the Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands has also resulted in the need to update two maps in Chapter 4 Compact City Program, which will also need to be endorsed by NSW DPIE.

2020/225

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

1.           Adopt the Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands and Chapter 9 Resources (Attachment 1), subject to retaining the North Boambee Valley West Investigation Area within Chapter 8.

2.           Adopt the updated Growth Map for Woolgoolga South West within Chapter 4 – Compact City Program of the Coffs Harbour Local Growth Management Strategy to include a small area to the south as an Investigation Area – Employment Lands (Attachment 3).

3.           Seek endorsement from NSW Department of Planning, Industry and Environment for the Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands (Attachment 1 – updated to retain the North Boambee Valley West Investigation Area); and for the updated map within Chapter 4 Compact City Program (Attachment 3).

4.           Notify Council’s decision to those who made a submission to the draft Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands and the Coffs Harbour Employment Lands Background Report.

 

For:          Crs Adendorff, Arkan, Cecato and Rhoades

Against:  Crs Knight, Amos and Townley

Carried

 

 

SC20/56          Community Organisation Assistance Program - Temporary - COVID-19

 

Executive Summary

The Community Organisation Assistance Grant Program (Connectivity, Cohesion and Capacity Building) aims to support community organisations to develop projects that will promote and facilitate community connection, digital inclusion and overcome social isolation as part of the COVID-19 recovery plan.

An overview of the proposed grant program and associated guidelines have been developed for Council’s consideration.

2020/226

Resolved (Cr Paul Amos / Cr George Cecato)

That Council endorse the Community Organisation Assistance Grant Program (Connectivity, Cohesion and Capacity Building) and guidelines as a temporary community grant program to provide financial assistance to eligible local community organisations to assist community members with the impacts of the COVID-19 pandemic.

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

Carried

 

Directorate Reports - Sustainable Infrastructure

 

SI20/16           Public Submissions and Adoption of Regional Water Efficiency Strategic Plan

 

Executive Summary

The draft Regional Water Efficiency Strategic Plan and the draft Regional Water Efficiency Implementation Plan were placed on public exhibition from 24th June to 22nd July, 2020 by both Coffs Harbour City Council and Clarence Valley Council. There were no submissions from Coffs Harbour community. Two submissions were received by Clarence Valley Council from the Clarence Valley community however no amendments to the Water Efficiency Strategic Plan were required. The final Water Efficiency Strategic Plan is presented here for Council’s consideration and it is proposed that Council adopt the Plan.

2020/227

Resolved (Cr George Cecato / Cr Sally Townley)

That Council adopt the Regional Water Efficiency Strategic Plan.

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

Carried

 

Cr Keith Rhoades declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 6:05 pm

 

 

SI20/17           Recycled Water - Introduction of Fees and Charges

 

Recent audits of Council’s Recycled Water customers have highlighted a significant level of non-compliance and the potential for environmental harm from mismanagement by the end users primarily in the intensive plant agriculture sector.

This report seeks to introduce a user pays model for Council’s Recycled Water supply, which will financially incentivise remedial action against the misuse or neglect of Recycled Water by the paying end user. The proposed charge would raise a modest revenue stream to meet or offset Council’s costs associated with the planned introduction of a targeted ‘user compliance’ audit program of increased intensity.

 

Motion (Cr Sally Townley / Cr George Cecato)

That Council:

1.           Receive and Note the intention to introduce new a Recycled Water Access and Licencing Charge and Recycled Water Consumption Charges effective from 1 January 2021.

2.           Note the intention to increase the Recycled Water Fees and Charges from 1 January 2021 as follows:

-       Recycled Water Consumption Charge increases from 0 cents to 20 cents per Kilolitre, equivalent to 6% of the potable Residential Water Consumption Charge,

-       Zero Recycled Water Consumption Charge for non-commercial/non-rateable properties up to their allocated amount.

-       Recycled Water Consumption Charge of $2.00 per Kilolitre -  equivalent to 63% of the potable Residential Water Consumption Charge - for any usage in excess of the allocated Recycled Water Volume for each property.

3.           Note also the intention to increase the Recycled Water Consumption Charge progressively over the following three (3) financial years as follows:

-       For the 21/22FY - Recycled Water Consumption Charge increases to 10% of the potable Residential Water Consumption Charge,

-       For the 22/23FY - Recycled Water Consumption Charge increases to 15% of the potable Residential Water Consumption Charge,

-       For the 23/24FY - Recycled Water Consumption Charge increases to 20% of the Residential Water Consumption Charge.

4.           During the exhibition period the clearer definition between commercial, non-commercial and sporting bodies is reviewed and reported as part of point 6 below.

5.           Place the intended changes on Public Exhibition for a minimum period of 28 days.

6.           Receive a further report on the matter following the Public Exhibition period.

 

Amendment

 

(Cr Paul Amos / Cr John Arkan)

That Council:

1.           Continue to supply existing users with recycled water at no cost.

2.           Receive a future report which explores:

2.1      The licensing of existing agricultural users to utilise existing water delivery infrastructure to take up to a fixed monthly maximum allocation of recycled water for a set annual fee rather than a charge based on quantity.

2.2      The establishment of a sophisticated testing regime to ensure better water quality entering the farms and the environment meet food industry standards.

2.3      The establishment of a program of water quality testing of runoff from farms to a more sophisticated level.

For:          Crs Amos and Arkan

Against:  Crs Knight, Adendorff, Cecato and Townley

The AMENDMENT on being put to the meeting was LOST.

2020/228

Resolved (Cr Sally Townley / Cr George Cecato)

That Council:

1.           Receive and Note the intention to introduce new a Recycled Water Access and Licencing Charge and Recycled Water Consumption Charges effective from 1 January 2021.

2.           Note the intention to increase the Recycled Water Fees and Charges from 1 January 2021 as follows:

-       Recycled Water Consumption Charge increases from 0 cents to 20 cents per Kilolitre, equivalent to 6% of the potable Residential Water Consumption Charge,

-       Zero Recycled Water Consumption Charge for non-commercial/non-rateable properties up to their allocated amount.

-       Recycled Water Consumption Charge of $2.00 per Kilolitre -  equivalent to 63% of the potable Residential Water Consumption Charge - for any usage in excess of the allocated Recycled Water Volume for each property.

3.           Note also the intention to increase the Recycled Water Consumption Charge progressively over the following three (3) financial years as follows:

-       For the 21/22FY - Recycled Water Consumption Charge increases to 10% of the potable Residential Water Consumption Charge,

-       For the 22/23FY - Recycled Water Consumption Charge increases to 15% of the potable Residential Water Consumption Charge,

-       For the 23/24FY - Recycled Water Consumption Charge increases to 20% of the Residential Water Consumption Charge.

4.           During the exhibition period the clearer definition between commercial, non-commercial and sporting bodies is reviewed and reported as part of point 6 below.

5.           Place the intended changes on Public Exhibition for a minimum period of 28 days.

6.           Receive a further report on the matter following the Public Exhibition period.

 

For:          Crs Knight, Adendorff, Cecato and Townley

Against:  Crs Amos and Arkan

Carried

 

Cr Keith Rhoades returned to the meeting, the time being 7.12pm.

 

 

SI20/18           Waste Services - Fees and Charges Correction

 

Executive Summary

At its meeting on 13 August 2020 Council resolved to place on exhibition a recommended change to an existing published Charge within the 2020/21 Fees and Charges. This report returns the issue post-exhibition for Council’s final consideration.

 

2020/229

Resolved (Cr George Cecato / Cr Sally Townley)

That Council:

1.           Amend the Charge for Waste Services – being “Commercial / Industrial Mixed Waste Class M1 – Sorted <3 Contamination” to $251.00 per tonne (inclusive GST and any Waste Levy).

2.           Note the change will become effective for relevant waste which is received from the commencement of opening hours at the Englands Road Waste Facility on Monday 12 October 2020.

3.           Refund overpayments in the period from 1 July 2020 to 8 October 2020 on provision of statements or written evidence.

 

Due to an additional point three (3) in the motion above, Cr Amos declared a pecuniary interest in item SI20/18 Waste Services – Fees and Charges Correction as he has had conversations with the affected operators known to him will be reimbursed, vacated the Chamber and took no part

in the discussion or voting, the time being 7.24pm.

 

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

Carried

 

Cr Paul Amos returned to the meeting, the time being 7.26pm.

 

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 7.26pm.

 

Confirmed: 22 October 2020.

 

 

 

 

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

Denise Knight

Mayor