MINUTES
coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building
Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 25 February 2021 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
The meeting commenced at 5.00pm with the Mayor, Cr D Knight in the chair.
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
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Speaker |
Item |
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Ann Leonard |
Against GM21/01 Contract No. RFT-1356-TI Cultural and Civic Space – Design and Construction Services |
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Sarah Mufford |
For GM21/01 Contract No. RFT-1356-TI Cultural and Civic Space – Design and Construction Services |
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Councillor |
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Type of Interest |
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Cr Michael Adendorff |
GM21/01 Contract No. RFT-1356-TI Cultural and Civic Space – Design and Construction Services |
Non-Pecuniary - Less Than Significant Conflict as he has property interests. |
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Cr Michael Adendorff |
BS21/12 Sale of Council Property at 215A Harbour Drive, Coffs Harbour |
Non-Pecuniary - Less Than Significant Conflict as he has property interests. |
REQUESTS FOR LEAVE OF ABSENCE
No requests for leave of absence.
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Resolved (Cr John Arkan / Cr George Cecato) That the minutes of the Ordinary Meeting held on 11 February 2021 be confirmed. The Motion on being put to the meeting was carried unanimously. Carried |
GENERAL MANAGER’S REPORTS
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GM21/01 Contract No. RFT-1356-TI - Cultural and Civic Space - Design and Construction Services |
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Executive Summary Implementation of the Early Contractor Involvement (ECI) contract (RFT-1213-QI) for the Cultural & Civic Space (CCS) Project has reached the stage of delivering the Design & Construction (D&C) lump sum offer for the CCS Project for Council’s consideration. The ECI builder, Lipman Pty Ltd, has worked with the Design Team, in accordance with the Probity Plan, to achieve the 80% detailed design milestone which has enabled the lump sum offer for Council’s consideration. The D&C lump sum offer has been evaluated in accordance with the documented evaluation plan. D&C lump sum offer assessment criteria and recommendation details are contained in the Confidential Attachment (ATT1) to this report, as is the associated report from the project’s independent Probity Advisor included as Confidential Attachment (ATT2) and the associated report from the project’s independent cost manager, Altus Group (ATT3) to this report. The associated BVN Architecture 80% Design Development Report is also attached (ATT4) to the open report.
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Motion (Cr Denise Knight / Cr George Cecato) That Council considers the Design and Construction lump sum offer received for Contract RFT-1356-TI Design and Construction Services for the Cultural and Civic Space Project, associated funding considerations and adopts the recommendations in the Confidential Attachment (ATT1). |
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AMENDMENT |
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(Cr John Arkan / Cr Tegan Swan) That Council consider providing further information highlighting the evaluation for funding the Cultural and Civic Space Project to shed clarity with regards to the expressions of interest process, statistics related to community aspirations and a cost benefit analysis of the current time. That Council provide to the next meeting confirmation that it is legal to appoint only one early contractor engagement participant.
The meeting adjourned for a short recess, the time being 7.14pm and reconvened at 7.24pm. |
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MOTION put |
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Resolved (Cr George Cecato) That the amendment be put. The Motion on being put to the meeting was carried unanimously. Carried |
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(Cr John Arkan / Cr Tegan Swan) That Council consider providing further information highlighting the evaluation for funding the Cultural and Civic Space Project to shed clarity with regards to the expressions of interest process, statistics related to community aspirations and a cost benefit analysis of the current time. That Council provide to the next meeting confirmation that it is legal to appoint only one early contractor engagement participant.
For: Crs Amos, Arkan, Rhoades and Swan Against: Crs Knight, Adendorff, Cecato and Townley The AMENDMENT on being put to the meeting resulted in a tied vote. The Mayor used her casting vote and the AMENDMENT was declared LOST. |
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AMENDMENT |
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(Cr Paul Amos / Cr John Arkan) That Council pursues open tendering options before entering into formal arrangements with the early contractor engagement provider. Council seeks formal approval for funding from the suitable finance provider. |
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motion put |
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Resolved (Cr George Cecato) That the amendment be put. The Motion on being put to the meeting was carried unanimously. Carried |
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(Cr Paul Amos / Cr John Arkan) That Council pursues open tendering options before entering into formal arrangements with the early contractor engagement provider. Council seeks formal approval for funding from the suitable finance provider. For: Crs Amos, Arkan, Rhoades and Swan Against: Crs Knight, Adendorff, Cecato and Townley The amendment on being put to the meeting resulted in a tied vote. The Mayor used her casting vote and the amendment was declared LOST. |
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Resolved (Cr Denise Knight / Cr George Cecato) That Council considers the Design and Construction lump sum offer received for Contract RFT-1356-TI Design and Construction Services for the Cultural and Civic Space Project, associated funding considerations and adopts the recommendations in the Confidential Attachment (ATT1). The recommendations within Confidential Attachment (ATT1), and therefore Council’s resolved position is: That Council: 1. In accordance with Clause 178(1)(a) of the Local Government (General) Regulation 2005, accepts the offer from Lipman Pty Ltd, ABN 84 001 548 830, for Design and Construction services for the Cultural and Civic Space for the lump sum contract amount of $73,336,448 incl GST on the basis that: 1.1. The offer satisfies the method of procurement and is acceptable in accordance with the offer assessment plan and Council’s Tender Value Selection System; 1.2. Lipman Pty Ltd has the necessary experience in similar works and their ability and performance are satisfactory; 1.3. Lipman Pty Ltd financial capacity is acceptable; and 1.4. Lipman Pty Ltd is willing to enter into a binding legal agreement with Council for the works. 2. Delegate authority to the General Manager to execute the contract documents with Lipman Pty Ltd. 3. Allocate an additional $4,745,000 to be invested in the project, to be sourced as following: · $500,000 grant from the Public Library Infrastructure Grant Program; · $4.245 million in additional loan borrowing over thirty years; and this be reflected in the March 2021 Quarterly Budget Review Statement bringing the total project to a cost of $81.265 million. 4. Undertake an additional interest only borrowing of $17 million as an interim loan to provide funding for the component of the funding for the project identified to be provided from the sale of the following two properties: · Administration Building, 2 Castle St, Coffs Harbour (Lot 2 DP 566885, Lot 1 DP 566855, Lot 8 Sec 6 DP 758258); · Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398). to be repaid from the proceeds of sale from the two properties and this be reflected in the March 2021 Quarterly Budget Review Statement. 5. 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 the following properties with or without Council lease back options: 5.1. Administration Building, 2 Castle St, Coffs Harbour (Lot 2 DP 566885, Lot 1 DP 566855, Lot 8 Sec 6 DP 758258); 5.2. Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398); 5.3. Museum, 215A Harbour Drive, Coffs Harbour (Lot 101 Sec DP 1041655).
For: Crs Knight, Adendorff, Cecato and Townley Against: Crs Amos, Arkan, Rhoades and Swan 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 |
The meeting adjourned for a short recess, the time being 8.14pm and reconvened at 8.20pm.
MATTERS OF AN URGENT NATURE
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Cr John Arkan requested that safety measures at the pedestrian crossing at River Street, Woolgoolga be investigated as there is no safe pedestrian crossing. The General Manager advised the matter has been referred to the Local Traffic Committee for consideration. |
Cr John Arkan left the meeting, the time being 8:23 pm.
Directorate Reports - Business Services
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Executive Summary Council’s current Delivery Program has been extended to cover 2021/22 as the Local Government elections have been deferred for one year due to the COVID-19 pandemic. The Environmental Levy (EL) Program is included in the current Delivery Program and this report outlines the proposed one-year extension of the current EL Program to 2021/22 for inclusion in the 2017-2022 Delivery Program. The EL funding allocated for the Major Strategic Programs/Projects pool is 75% of the total EL funding pool. Based on the proposals received and the financial analysis conducted, all requests for funding can be met for 2021/22. The remaining 25% of the total EL funding pool will support the 2021/22 EL Grants Program. |
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Resolved (Cr Sally Townley / Cr George Cecato) That Council approves the following Environmental Levy Major Strategic Programs/ Projects for 2021/22:
The Motion on being put to the meeting was carried unanimously. Carried |
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BS21/11 Tender Evaluation Report - Contract RFT-1357-TO Provision of Traffic Control Services |
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Executive Summary In April 2017, Council entered into a contract through Regional Procurement Initiative for the provision of Traffic Control Services on a three plus one-year term. This contract is due to expire on 31 March 2021. Regional Procurement Initiative recently conducted a tender for the same services with the aim of establishing a new supply contract for the period 1 April 2021 to 31 March 2024 with a further one-year extension option. The tender will be awarded to a panel of suppliers for each participating Council. In the case of Coffs Harbour City Council, its panel will be composed of seven suppliers. |
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Resolved (Cr George Cecato / Cr Paul Amos) That Council: 1. In accordance with clause 178 (1) (a) of the Local Government (General) Regulation 2005, accepts on the panel contract RPT-1357-TO Provision of Traffic Control Services, the following seven suppliers; · Ahoy Traffic Control and Labour Hire Services Pty Ltd · Complete Staff Solutions Pty Ltd · Altus Traffic Pty Ltd · DOB Enterprises t/as Watchout Training & Traffic Control · Evolution Traffic Management Pty Ltd · Newada Pty Ltd t/as Men At Work · Workforce Road Services Pty Ltd 2. Makes provision to allow for a one year extension based on satisfactory supplier performance, which would extend the contract until 31 March 2025. The Motion on being put to the meeting was carried unanimously. Carried |
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BS21/12 Sale of Council Property at 215A Harbour Drive, Coffs Harbour |
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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 considered an offer for the sale of the property of $950,000 excluding GST at its meeting of 8 October 2020 but resolved at the time not to accept the offer. Council has now received an increased offer of $1,000,000 excluding GST for the purchase of the property which is in line with a recent independent valuation that was commissioned by Council. The offered price is considered fair and reasonable and in line with current market conditions. The property has been extensively exposed to the market and no higher offers have been received. 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 from the date of transfer initially at a rental of $60,500 per annum net. |
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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 $1,000,000 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. |
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Amendment |
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(Cr Sally Townley / Cr Tegan Swan) That Council: 1. Approve the sale of Lot 101 DP1041655, 215A Harbour Drive, Coffs Harbour at the agreed price of $1,000,000 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. 4. Through the sale process, negotiate a restriction on the use of land that reinforces the local heritage significance of the former police station and court house building noting that this restriction will be brought back to Council for final consideration. For: Crs Knight, Adendorff, Swan and Townley Against: Crs Amos, Cecato and Rhoades The amendment on being put to the meeting was carried and it then became the MOTION. |
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Motion put |
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Resolved (Cr Denise Knight) That the motion be put. For: Crs Knight, Adendorff, Amos, Cecato, Swan and Townley Carried |
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Motion (Cr Sally Townley / Cr Tegan Swan) That Council: 1. Approve the sale of Lot 101 DP1041655, 215A Harbour Drive, Coffs Harbour at the agreed price of $1,000,000 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. 4. Through the sale process, negotiate a restriction on the use of land that reinforces the local heritage significance of the former police station and court house building noting that this restriction will be brought back to Council for final consideration. For: Crs Knight, Adendorff and Townley Against: Crs Amos, Cecato, Rhoades and Swan The MOTION on being put to the meeting was LOST. |
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BS21/13 Encroachment of Pool and Pool Fence on Council Road Reserve - 11 Pam Close, Coffs Harbour |
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Executive Summary The owners of 11 Pam Close at Coffs Harbour purchased the property in 2018 with the understanding that the property’s pool and pool fence have a minor encroachment on the adjoining road reserve known as Lyle Campbell Street. The pool (although not in the encroaching position) was approved by Council under 015/99DA on 31 August 1998 and Council have also issued a swimming pool Compliance Certificate on 16 February 2018. More recently the owners have applied for a Building Information Certificate (0000/21BC). A requirement of this application process is the need for the encroaching pool and pool fencing to be regulated by way of a Deed which indemnifies Council and protects its interests. Council’s position once the deed is executed is to be further protected by a Caveat registered on the Title of the property ensuring that future owners will also be bound by the Deed. Upon these matters being finalised Council will be in a position to complete and issue the Building Information Certificate. |
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Resolved (Cr Michael Adendorff / Cr George Cecato) That Council: 1. Execute a Deed which indemnifies Council and authorises the pool and pool fence encroachments onto the adjoining road reserve at 11 Pam Close, Coffs Harbour. 2. Register a caveat on the Title of 11 Pam Close, Coffs Harbour that ensures Council’s interests under the Deed are protected in relation to future owners of the property. 3. Note that all costs associated with this matter are the responsibility of the owners of 11 Pam Close, Coffs Harbour. For: Crs Knight, Adendorff, Cecato, Rhoades, Swan and Townley Carried |
Notices of Motion – Sustainable Communities
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NOM21/01 Sustainable Communities Directorate - Major Functions / Funding Requirements |
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Resolved (Cr Paul Amos / Cr Keith Rhoades) Councillor Amos has given notice of his intention to move the following: 1. "Could the Directorate of Sustainable Communities provide a report outlining the major functions and funding requirements of that directorate and how satisfactorily those requirements are being met when compared to previous years in this term of council? 2. Could the directorate also identify an aspirational list of the Sustainable Communities directorate related programs, planning and initiatives that may be implemented if the directorate was to receive a meaningful increase in funding priority?" For: Crs Knight, Amos, Cecato, Rhoades, Swan and Townley Carried |
Directorate Reports - Sustainable Communities
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SC21/06 Planning Proposal to Reduce Minimum Lot Size - Lot 190 DP 838520, 1555 Bucca Road, Nana Glen - Version 1 Pre-Exhibition |
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Executive Summary A proponent-led application has been received by Council to amend Coffs Harbour Local Environmental Plan (LEP) 2013 for Lot 190 DP 838520, 1555 Bucca Road, Nana Glen to facilitate the subdivision of the land for large lot residential purposes. The purpose of this report is to seek Council’s endorsement to initiate a planning proposal (Attachment 1) to amend Coffs Harbour LEP 2013 to reduce the minimum lot size for the subject land from two hectares to one hectare. |
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Resolved (Cr Paul Amos / Cr Michael Adendorff) That Council: 1. Endorse and forward a planning proposal (Attachment 1) to reduce the minimum lot size for Lot 190 DP 838520, 1555 Bucca Road, Nana Glen to the NSW Department of Planning, Industry and Environment seeking a Gateway Determination. 2. Request that the Secretary of the NSW Department of Planning, Industry and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 3.36(2) of the Environmental Planning and Assessment Act in respect of the planning proposal. 3. Resolve to publicly exhibit the planning proposal and undertake government agency consultation based on the Gateway Determination issued by the NSW Department of Planning, Industry and Environment. 4. Note that a further report will be brought back to Council for consideration following public exhibition of the planning proposal. 5. Inform the landowners of the subject land and their consultant of Council’s decision. The Motion on being put to the meeting was carried unanimously. Carried |
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SC21/07 Scope of Work and Costings for Park Beach Place Manual |
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Executive Summary At Council’s Ordinary meeting of 8 October 2020, it was resolved 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. This report provides background information generally in relation to Place Manuals and Local Character Statements for the whole of the Local Government Area (LGA), and suggests a program for their delivery across the LGA in accordance with priorities outlined in Council’s adopted growth strategies. It provides specific information relative to scope of work and associated costings for a Park Beach Place Manual. |
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Resolved (Cr Paul Amos / Cr Sally Townley) That Council: 1. Note the use of a Place Manual and Local Character Program to potentially fund the ongoing development of Place Manuals and Local Character Statements for the Coffs Harbour LGA. 2. Prioritise Park Beach as the first Place Manual to be delivered by the Place Manual and Local Character Program and consider funding allocation of $260,000 within the 2021/22 Council budget. The Motion on being put to the meeting was carried unanimously. Carried |
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SC21/08 Delivery Program 2017-2022 - Six-Monthly Progress Report - 1 July to 31 December 2020 |
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Executive Summary Under the Local Government Act, Council is required to report six-monthly on its progress against the principal activities detailed in the Delivery Program. The Six-Monthly Progress Report (for the period 1 July to 31 December 2020) on the Coffs Harbour Council 2017-2022 Delivery Program (Year 4) is tabled at this time. The Six-Monthly Progress Report identifies achievements and challenges recorded during the reporting period and provides updates on Council services, projects and key operational activities. There are 294 Operational Plan activities detailed in the six-monthly report. The majority are recorded as being On Track; 35 are listed as Needing Attention, 3 as Critical and 13 On Hold, generally reflecting the impacts of competing operational priorities or external factors such as COVID-19. The report represents a considerable record of achievement by Council and its workforce in delivering positive outcomes for the Coffs Harbour community. |
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Resolved (Cr George Cecato / Cr Sally Townley) That Council endorses the attached Six-Monthly Progress Report (for the period 1 July to 31 December 2020) on the Coffs Harbour City Council 2017-2022 Delivery Program (Year 4) for public release. The Motion on being put to the meeting was carried unanimously. Carried |
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SC21/09 Community Participation and Engagement Plan - Amendment |
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Executive Summary Council’s current Community Participation and Engagement Plan (CPEP) was initially adopted by Council on 12 December 2019. It sets out Council’s approach to facilitating community participation and engagement, and ensures the broader Coffs Harbour Local Government Area community is able to have a say and participate in decisions that affect their future. When the CPEP was adopted, a commitment was made to review the document within twelve months to ensure it continues to meet its objectives and to enable further alignment with Council policies and protocols. At its Ordinary Meeting on 23 July 2020, Council resolved to endorse an amendment to the CPEP which included minor edits to update legislation and remove references to advertising in printed newspapers given the closure of the print version of the Coffs Coast Advocate in June 2020. Further amendments have now been made to make information in the document more easily accessible and in a format that encourages community engagement and participation from the broader community. The purpose of this report is to seek endorsement from Council to place the amended CPEP on public exhibition. |
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Resolved (Cr Sally Townley / Cr Tegan Swan) That Council: 1. Endorse and publicly exhibit the amended Community Participation and Engagement Plan (Attachment 1) for a minimum period of 28 days. 2. Note that a further report will be brought back to Council for consideration following public exhibition of the amended Community Participation and Engagement Plan. The Motion on being put to the meeting was carried unanimously. Carried |
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The following question on notice was received from Councillor Amos. Question “Could the council please advise as to the steps that have been taken to gain necessary approvals to trim trees in the few lines of Coffs Harbour marine rescue base allowing for continued safe monitoring of the harbour and surrounds?” Response Council also responded to this QON in February 2019 (see attached). The subject area is mapped Coastal Management SEPP Littoral Rainforest. Due to the area being a Threatened Ecological Community an alternative solution was implemented consisting of installing a high definition panning camera above the Marine Rescue Base building along with a further two CCTV cameras located at the Boat Ramp. The installation of the cameras was to improve Marine Rescue surveillance and monitoring of the harbour and surrounds. Any works requiring modification or removal of vegetation within mapped Coastal SEPP areas require a Development Application, Environmental Impact Statement (EIS) and Biodiversity Development Assessment Report (BDAR) - and cannot be assessed under Part V of the EP&A Act. If trimming of the view lines was to be reconsidered, the above approvals would need to be sought. To date this process has not been undertaken on the understanding that the installed cameras were sufficient for the task undertaken by Marine Rescue whilst also providing the benefit of protecting the environment. |
Close of Meeting
The Meeting closed at 8.51pm.
Confirmed: 11 March 2021.
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Denise Knight
Mayor