Ordinary Council Meeting Minutes                                                  22 October 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, 22 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 Tegan Swan.

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

Stephen Gooley

Against:  BS20/59 Park Beach Area Contributions Plan Review - Post Exhibition

 

Disclosure of Interest

No disclosure of interest.

 

Apologies

No apologies

 

LEAVE OF ABSENCE

2020/230

Resolved (Cr John Arkan / Cr George Cecato)

That leave of absence as requested from Councillor Cr Townley be approved.

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

Carried

 

 

The General Manager left the meeting, the time being 5.10pm and the Director Business Services assumed his chair.

 

Mayoral Minute

 

MM20/05        General Manager's Performance Review

2020/231

Resolved (Cr Denise Knight)

That Council note the outcome of the General Manager’s Performance Review.

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

Carried

 

The General Manager returned to the meeting, the time being 5.11pm.

The Director Business Services read out the resolution.

 

Confirmation of Minutes

2020/232

Resolved (Cr John Arkan / Cr George Cecato)

That the minutes of the Ordinary Meeting held on 8 October 2020 be confirmed.

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

Carried

 

 

 

Presentation on the financial audit of Coffs Harbour City Council 30 June 2020 by the Audit Office of NSW.

 

 

BS20/58          Audited 2019/2020 Annual Financial Statements

 

Executive Summary

The audited Annual Financial Statements for 2019/2020 are being presented to meet legislative requirements under Section 419 of the Local Government Act in relation to their completion, audit and presentation.

 

The General Purpose Financial Statements and Special Purpose Financial Statements are the statements required to be produced by the Australian International Financial Reporting Standards whilst the Special Schedules contain additional information required by the Office of Local Government.

 

The final audited Annual Financial Statements require certification by the designated signatories for the audit opinion and Conduct of the Audit Report to be issued, and for the Annual Financial Statements to be then lodged with the Office of Local Government.

 

 

Motion (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.    Approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms relating to the audited 2019/2020 Annual Financial Statements for completion by the designated signatories.

2.    Receive and adopt the audited 2019/2020 Annual Financial Statements.

 

Amendment

2020/233

Moved (Cr Paul Amos / Cr John Arkan)

That Council:

1.    Approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms relating to the audited 2019/2020 Annual Financial Statements for completion by the designated signatories.

2.    Receive and adopt the audited 2019/2020 Annual Financial Statements.

3.    Council note that the infrastructure backlog assessments are based on best available information at a point in time.

 

The Amendment on being put to the meeting was carried unanimously.  It then become the MOTION and on being put to the meeting was declared carried unanimously.

 

Carried

 

 

 

 

BS20/59          Park Beach Area Contributions Plan Review - Post Exhibition

 

Executive Summary

At its meeting held on 23 July 2020, Council resolved to place the (amended) revised Park Beach Area Contributions Plan for a second public exhibition.  The plan has been on public exhibition for a further 42 days with seventeen submissions received during this period.

 

This contributions plan seeks a financial contribution towards the development and level of infrastructure that is required to support the needs of this growing area.  The existing Park Beach Area Contributions Plan has been reviewed and necessary amendments to the plan are proposed.

 

The purpose of this report is to inform Council of the outcome of the additional public exhibition process and to seek adoption of the final revised Park Beach Area Contributions Plan.

 

2020/234

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.      Defer until Councillors are provided with a briefing.

2.      Staff review the application of the public health order as it relates to attendance at the Council meeting and also investigate a site visit with relevant stake holders in line with COVID-19 requirements and code of conduct provisions.

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

Carried

 

 

General Manager's Reports

 

GM20/26         Webcasting Council Meetings

 

Executive Summary

Council audio-visually webcasts its meetings and currently outsources the equipment and production.  Council is currently reviewing this to determine the most sustainable option for future meetings.

 

The purpose of this report is to present to Council a recommended option for webcasting future meetings.

 

2020/235

Resolved (Cr Tegan Swan / Cr George Cecato)

That Council:

1.    Proceed to audio-visually webcast Council meetings with only the working minutes visible.

2.    Note that Council will cease streaming audio using Mixlr and storing the files in Sound Cloud from the first meeting in November 2020.

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

Carried

 

 

 

 

GM20/27         Committee/Panel - Appointment of Councillor to Northern Regional Planning Panel (NRPP)

 

Executive Summary

Following Councillor George Cecato being elected to Deputy Mayor in September, this report seeks to nominate a councillor as the alternate member on the Northern Regional Planning Panel (NRPP) should one of the Mayor or Deputy Mayor not be available.

 

 

There were two nominees, Cr Adendorff and Cr Townley. The Councillors then voted for their preferred nominee via a show of hands.

Cr Adendorff

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

 

Cr Townley

For:         Crs Amos and Swan

As a result, Cr Adendorff was nominated as the alternate Councillor representative on the NRPP.

2020/236

Resolved (Cr Michael Adendorff / Cr George Cecato)

That:

1.    Council note that the Mayor and Deputy Mayor are the nominated representatives on the NRPP.

2.    In the event the Mayor or Deputy Mayor cannot attend, nominate Cr Adendorff to be the alternate Councillor representative on the NRPP.

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

Carried

 

 

 

 

GM20/28         Seek Legal Advice Adverse Occupier - Unoccupied Lands East of The Railway Line and North of Marina Drive Jetty Foreshores

 

Executive Summary

On 27 August 2020, Council resolved that:

 

Council seek legal opinion as to if Adverse Occupier title may apply to unoccupied lands east of the railway line and north of Marina Drive at Coffs Harbour Jetty Foreshores.  In particular council seek to clarify if any of the subject land has been previously ‘dedicated under any act for a public purpose’.  Any resulting claim would be on behalf of the community of Coffs Harbour.

 

The lands referred to in the resolution were identified as Lot 11 DP 843870, owned by State Rail Authority of NSW (SRA); and Lots 2 DP 630934, 545 DP45256, 21 DP 850150 and 544 DP 45472, owned by the Crown and being part of Crown Reserve 140102.  Council is the Crown Land Manager of parts of Crown Reserve 140102.

 

The Crown land and the SRA land are collectively referred to as the Land in this report.

 

Legal advice was sought from a firm on Council’s Legal Services Panel to establish whether Council could make a claim for adverse possession of land where the registered proprietor is the Crown or the SRA.

 

2020/237

Resolved (Cr John Arkan / Cr Paul Amos)

That Council note the legal advice which concludes that a claim for adverse possession cannot be made of land owned either by the Crown or the State Rail Authority of NSW.

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

Carried

 


 

 

 

GM20/29         Local Government NSW Conference 2020 - Voting Delegates

 

Executive Summary

Council is required to nominate its authorised voting delegates in preparation for attendance and voting at the online Local Government NSW Annual Conference 2020.

 

2020/238

Resolved (Cr John Arkan / Cr George Cecato)

That Council resolve to nominate the following Councillors as the Coffs Harbour City Council voting delegates for the online 2020 LGNSW Annual Conference;

1.    Councillor Denise Knight

2.    Councillor George Cecato

3.    Councillor Keith Rhoades

4.    Councillor Paul Amos

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

Carried

 

 

Notices of Motion – Business Services

 

NOM20/16      Waste Plastic to Fuel Technology

2020/239

Resolved (Cr Tegan Swan / Cr Paul Amos)

That Council:

1.    Request prospectus of the Eco-One - 5TPD plan from Eco Fuel Technology of their waste plastic to fuel technology concept.

2.    Upon receipt of the above information, receive a staff report.

 

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

Against:  Cr Arkan

Carried

 

 

Directorate Reports - Business Services

 

BS20/60          City Centre Masterplan Works - Budget Adjustments

 

Executive Summary

Council’s adopted budget for the expenditure of City Centre Special Rate monies requires adjustment to reflect the priorities recommended by the City Centre Master Plan Committee (CCMPC), particularly in light of the deferral of the City Centre Special Rate for 2020/21. This report discusses the issue of recovering the deferred Special Rate and the CCMPC’s recommended capital expenditure priorities.

 

It is recommended that Council not make a final decision on the recovery issue until advice is received from the Independent Pricing and Regulatory Tribunal (IPART) and all options are therefore known. It is recommended that the CCMPC capital expenditure priorities be adopted by Council.

 

2020/240

Resolved (Cr Denise Knight / Cr George Cecato)

That Council:

1.    Note the report and adopt the following City Centre Special Rate Capital Expenditure Budget for the 2020/21 financial year and note the remaining years will be included in future budgets for consideration by Council.

 

Item

2020/21

2021/22 & 2022/23

Capital Expenditure:

 

 

Activation Capital

$51,516

 

Shade Sails

 

$247,000

Street Furniture

 

$50,000

Park Avenue Artists Lane

 

 

Moonee St Entry Statement

 

 

Park Avenue Upgrade

 

$400,000

Street Reconfiguration Design

$130,000

 

Capital Contingency

 

$26,107

Total

$181,516

$723,107

 

2.    Await the advice from IPART before determining Council’s position on the City Centre Special Rate for its remaining years.

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

Carried

 

 

 

 

BS20/61          Contract No. RFT-1246-TO - Supply and Delivery of Electrical Products and Fittings

 

Executive Summary

In July 2016, Council entered into a panel supply contract for the supply and delivery of Electrical Products and Fittings on a three plus one-year term.  This contract expired on 17 July 2020 and is currently running under the same terms on a month-by-month basis.

 

Council recently conducted a tender for the same products with the aim of establishing a new supply contract for the period 1 November 2020 to 31 October 2023 with a further one-year extension option.  The tender will be awarded to a panel of suppliers to promote competition and help ensure product availability during the term of the contract.

 

 

2020/241

Resolved (Cr Tegan Swan / Cr George Cecato)

That Council:

1.      In accordance with Clause 178(1)(a) of the Local Government(General) Regulation 2005, that Council accepts onto the panel contract RFT-1246-TO, the two proponents;

·           Metal Manufacture T/A TLE Coffs Harbour ABN 13 003 762 641, and

·           L&H Group T/A Lawrence & Hanson Coffs Harbour ABN 19 730 781 473

 

This recommendation is made on the basis that:

a)      The tender offers are the most suitable and advantageous following the application of Regional Procurement’s Tender Value Selection System.

b)      By contracting with two proponents, Council will source electrical products and fittings from the most competitively priced proponents for each product purchased

 

2.      Note that provision is allowed for a 12-month extension based on satisfactory supplier performance, which may take this Contract through to 2024.

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

Carried

 

 

Notices of Motion – Sustainable Communities

 

NOM20/17      Accommodation Developments

 

Motion (Cr Paul Amos / Cr Tegan Swan)

Council maintain a strategic position of promoting and supporting the establishment of high quality accommodation developments in existing commercial nodes such as the City Centre. Council therefore takes the position of not seeking to locate, or canvas hotel accommodation in the Airport Enterprise Park.

 

For:         Crs Amos and Arkan

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

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

 

 

Directorate Reports - Sustainable Communities

 

SC20/57          Planning Proposal PP_2019_Coffs_002_00 - Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Part Lot 202 DP 874273 Newmans Road, Woolgoolga - Post Exhibition

 

Executive Summary

At its Ordinary Meeting of 12 September 2019, Council resolved to initiate two separate proponent-led planning proposals to enable low density residential development on land within the Woolgoolga North West Urban Investigation Area (Bark Hut Road and Newmans Road, Woolgoolga). Public exhibition of both planning proposals and associated draft Development Control Plan amendments took place from 6 November 2019 to 4 December 2019.

This report relates only to land in Newmans Road, Woolgoolga (the Bark Hut Road planning proposal is currently being amended to address issues raised during the exhibition process and will be the subject of a future report to Council). The purpose of this report is to seek endorsement from Council for Planning Proposal PP_2019_COFFS_002_00 Newmans Road, Woolgoolga - Post Exhibition (Attachment 1) and approval of Coffs Harbour Development Control Plan 2015 – Amendment No. 14 (Newmans Road Woolgoolga) (Attachment 2).

2020/242

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

1.    Endorse Planning Proposal PP_2019_COFFS_002_00 Newmans Road Woolgoolga - 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_002_00 Newmans Road Woolgoolga - 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_002_00 Newmans Road Woolgoolga - Post Exhibition.

4.    Approve Coffs Harbour Development Control Plan 2015 - Amendment No. 14 (Newmans Road Woolgoolga) (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_002_00 Newmans Road Woolgoolga - Post Exhibition and draft Coffs Harbour Development Control Plan 2015 Amendment Number 14 (Newmans Road Woolgoolga), as well as affected landowners of Council’s decision.

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

Carried

 

 

 

 

SC20/58          Development Application No. 0867/20 - Telecommunications Facility - Lot 110 DP 790562, Advocate Park, Stadium Drive, Coffs Harbour

 

Executive Summary

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%.

 

Cr Amos gave notice of a Foreshadowed Motion.

 

2020/243

Resolved (Cr Tegan Swan / Cr George Cecato)

That Council defer this item pending further engagement with adjoining land owners and the proponent regarding adherence to the relevant industry code of conduct.

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

Carried

 

FORESHADOWED Motion

 

(Cr Paul Amos

That Council refuse Development Application No. 0867/20 for a telecommunications facility at Lot 110 DP 790562, Advocate Park, Stadium Drive, Coffs Harbour as it is too close to existing educational facilities.

 

As the motion was carried, the Foreshadowed Motion lapsed.

 

 

 

 

SC20/59          South Solitary Island Lighthouse Optic Management Plan

 

Executive Summary

In February 2020, Council commissioned International Conservation Services to undertake a Management Plan to inform how best to preserve, protect and promote the South Solitary Island Lighthouse Optic (SSILO) into the future.

The SSILO is the largest and one of the most significant items in Council’s museum collection and is currently installed in the former museum building at 189B Harbour Drive, Coffs Harbour. The consultants undertook a site visit and inspection, and consulted with stakeholders, including Friends of South Solitary Island Lighthouse and the Australian Maritime Safety Authority.

The Plan provides valuable information about the SSILO itself and options for its:

-     Conservation and maintenance;

-     Future relocation; and

-     Display.

The Plan highlights that the SSILO is an outstanding heritage object, which elevates the Council’s museum collection beyond local interest to one of national significance.

The consultants are confident that the optic can be disassembled, packed, relocated and reassembled at reasonable cost. They conclude that the optimum position for the long term location of SSILO is adjacent to the harbour within sight of the sea, preferably within the Coffs Harbour Jetty Foreshores precinct.

Comprehensive and summary versions of the SSILO Management Plan have been prepared.

 

2020/244

Resolved (Cr John Arkan / Cr Paul Amos)

That Council:

1.    Note the South Solitary Island Lighthouse Optic Management Plan, including its recommendations in relation to conservation, future relocation and preferred option of the Coffs Harbour Jetty Foreshores for the object’s long term location.

2.    Advocate for the inclusion of the South Solitary Island Lighthouse Optic in future plans for the Coffs Harbour Jetty Foreshores precinct, so it can be put on public display at that location within a suitable facility to support and interpret this heritage object and to make it readily accessible to both residents of and visitors to the city.

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

Carried

 

 

 

Directorate Reports - Sustainable Infrastructure

 

SI20/19           Solitary Islands Way / Centenary Drive, Woolgoolga Intersection Works

 

Executive Summary

The purpose of this report is to seek Council’s approval to upgrade the Solitary Islands Way / Centenary Drive, Woolgoolga intersection on the basis that the timing trigger for the project has been reached as a result of the planned West Woolgoolga Sports Complex and concurrent residential growth in the Woolgoolga North West Investigation Area (WNW).

 

The cost of the proposed signalised intersection is estimated, at this stage of planning, to be
$5.26 million.  Approval is sought to forward-fund the design and construction of the intersection through borrowings, with costs to be recouped over time via the Woolgoolga North West Area Developer Contributions Plan and LGA wide Developer Contributions Plan.

 

2020/245

Resolved (Cr John Arkan / Cr Michael Adendorff)

That Council:

1.    Approve the addition of the Solitary Islands Way / Centenary Drive Intersection Project to the existing Operational Plan and Delivery Program.

2.    Allocate $576,000 of additional capital expenditure into Council’s current 2020/21 budget for the purposes of funding the tendering, investigation, design and other preparatory elements of the Solitary Islands Way / Centenary Drive Intersection Project during the 2020/21 financial year.

3.    Approve an internal loan for the amount of $576,000 drawn from Council’s Plant Fund for the immediate purposes of 2. above.

4.    Note that further detailed information regarding the future funding, via external borrowings, of the construction phase of the Solitary Islands Way / Centenary Drive Intersection Project will be provided for Council’s consideration during the budget setting processes for the 2021/22 financial year.

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

Carried

 

 

Questions on notice

No questions on Notice.

 

 

Matters of an Urgent Nature

No matters of an urgent nature.

 

 

 

 

Close of Meeting

The Meeting closed at 6.59pm.

 

Confirmed: 12 November 2020

 

 

 

 

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

Denise Knight

Mayor