Ordinary Council Meeting Minutes                                                       11 March 2021

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 11 March 2021 AT 5.00pm

 

PRESENT:              Cr Denise Knight, Cr Michael Adendorff, Cr Paul Amos, 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

Speaker

Item

Daniel Bannerman

For NOM21/03 Cost of Installing Heating at the Coffs Harbour War Memorial Olympic Pool

Steph Campbell

For NOM21/03 Cost of Installing Heating at the Coffs Harbour War Memorial Olympic Pool

Cr Swan arrived, the time being 5.13pm

Raymond Willing

(Northern Beaches Residents Association)

Against SC21/10 Development Application No. 0888/20 - Demolition of Existing Dwelling and Construction of Residential Flat Building (8 Units) and Subdivision (Strata) - Lot 2 Sec 18 DP 759113, 34 Trafalgar Street, Woolgoolga

Philip O’Sullivan

Against SC21/10 Development Application No. 0888/20 - Demolition of Existing Dwelling and Construction of Residential Flat Building (8 Units) and Subdivision (Strata) - Lot 2 Sec 18 DP 759113, 34 Trafalgar Street, Woolgoolga

Jason McCarthy

For SC21/10 Development Application No. 0888/20 - Demolition of Existing Dwelling and Construction of Residential Flat Building (8 Units) and Subdivision (Strata) - Lot 2 Sec 18 DP 759113, 34 Trafalgar Street, Woolgoolga

Emma Browning

(Axiom Pty Ltd)

For SC21/11 Development Application No. 0867/20 - Telecommunications Facility - Lot 110 DP 790562, Advocate Park, Stadium Drive, Coffs Harbour

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr George Cecato

NOM21/03 Cost of Installing Heating at the Coffs Harbour War Memorial Olympic Pool

Non-Pecuniary - Less Than Significant Conflict as his 2 grandchildren attend swimming club.

Cr Keith Rhoades

SI21/02 Recycled Water - Introduction of Fees and Charges Post Exhibition

Pecuniary interest as he is an executive member of an organisation that uses recycled water.

 

Apologies

2021/31

Resolved (Cr Keith Rhoades / Cr Paul Amos)

That an apology received from Councillor Arkan for unavoidable absence be received and accepted.

 

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

Carried

 

 

LEAVE OF ABSENCE

No requests for leave of absence.

 

 

Confirmation of Minutes

2021/32

Resolved (Cr George Cecato / Cr Michael Adendorff)

That the minutes of the Ordinary Meeting held on 25 February 2021 be confirmed.

 

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

Carried

 

 

 

Motion

2021/33

Resolved (Cr George Cecato / Cr Tegan Swan)

That the minutes of the Extraordinary Meeting held on 4 March 2021 be confirmed.

 

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

Carried

 

 

NOTICE OF MOTION – BUSINESS SERVICES

 

NOM21/03      Cost of Installing Heating at the Coffs Harbour War Memorial Olympic Pool

2021/34

Resolved (Cr George Cecato / Cr Paul Amos)

"That a report be provided to Council outlining the cost of the installation of the most cost effective pool heating system for the outdoor 50 metre pool at the Coffs Harbour War Memorial Olympic Pool and the total lifecycle costs associated with the system. Including renewable energy."

 

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

Carried

 

 

DIRECTORATE REPORTS – SUSTAINABLE COMMUNITIES

 

SC21/10          Development Application No. 0888/20 - Demolition of Existing Dwelling and Construction of Residential Flat Building (8 Units) and Subdivision (Strata) - Lot 2 Sec 18 DP 759113, 34 Trafalgar Street, Woolgoolga

 

Executive Summary

This report provides an assessment of Development Application No. 0888/20 for the demolition of the existing dwelling and construction of a residential flat building (8 units) and subdivision (strata) at Lot 2 Sec 18 DP 759113, 34 Trafalgar Street, Woolgoolga.

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.

Following public exhibition of the application, Council received 480 submissions. Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’.

 

 

 

2021/35

Resolved (Cr Keith Rhoades / Cr George Cecato)

That Council:

1.         Defer Development Application No. 0888/20 for the demolition of the existing dwelling and construction of a residential flat building (8 units) and subdivision (strata) at Lot 2 Sec 18 DP 759113, 34 Trafalgar Street, Woolgoolga.

2.         That a report be provided to Council outlining the position both legal and from a planning perspective, taking into consideration the recently adopted and gazetted Coffs Harbour LEP 2013 (Amendment No. 24).

3.         Advise persons who made a submission on Development Application No. 0888/20 of Council’s decision.

 

Cr Townley gave notice of a Foreshadowed Motion.

 

For:         Crs Knight, Adendorff, Cecato and Rhoades

Against:  Crs Amos, Swan and Townley

Carried

 

The Motion was carried, therefore the Foreshadowed Motion lapsed and was not considered.

 

FORESHADOWED Motion

 

(Cr Sally Townley

That Council:

1.         Refuse Development Application No. 0888/20 for the demolition of the existing dwelling and construction of a residential flat building (8 units) and subdivision (strata) at Lot 2 Sec 18 DP 759113, 34 Trafalgar Street, Woolgoolga on the following grounds:

1.1.     Inconsistency with State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development (SEPP 65), in particular privacy considerations;

1.2.     Inconsistency with Coffs Harbour Development Control Plan 2015, in particular setback requirements; and

1.3.     Absence of a request to vary development standards pursuant to cl 4.6 of the Coffs Harbour Local Environmental Plan 2013.

2.         Advise persons who made a submission on Development Application No. 0888/20 of Council’s decision.

 

 

 

 

SC21/11          Development Application No. 0867/20 - Telecommunications Facility - Lot 110 DP 790562, Advocate Park, Stadium Drive, Coffs Harbour

 

Executive Summary

This report provides an assessment of Development Application No. 0867/20 for a telecommunications facility at Advocate Park, Stadium Drive, Coffs Harbour.

This development application was presented to Council for determination on 22 October 2020. At that meeting, Council resolved as follows:

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

Accordingly, Council staff have further engaged with adjoining land owners and the proponent. Following consideration of the further engagement, the development application is presented to Council for determination.

 

2021/36

Resolved (Cr George Cecato / Cr Keith Rhoades)

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 Height of Buildings standard under Clause 4.3 of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.         Approve Development Application No. 0867/20 for a telecommunications facility at Lot 110 DP 790562, Advocate Park, Stadium Drive, Coffs Harbour subject to the conditions provided in Attachment 3.

3.         Advise persons who made a submission on Development Application No. 0867/20 of Council’s decision.

 

For:         Crs Knight, Adendorff, Cecato and Rhoades

Against:  Crs Amos, Swan and Townley

Carried

 

 

 

Motion

2021/37

Resolved (Cr Denise Knight / Cr George Cecato)

That item NOM21/02 Cr Amos – Confidential Matter be referred to Closed Session.

 

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

Against:  Cr Amos and Townley

Carried

 

 

Notices of Motion – Business Services

 

NOM21/04      Council Seek a Covenant to Place a Protective Restriction on the Museum Building

2021/38

Resolved (Cr Sally Townley / Cr Tegan Swan)

1.         That Council seek a covenant under the Conveyancing Act 1919 to place a protective restriction on the current Museum building at Lot 101 DP 1041655, 215A Harbour Drive, Coffs Harbour in order to protect its heritage and historic values.

2.         That a draft covenant and accompanying legal input come back to Council for final consideration.

 

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

Against:  Cr Adendorff

Carried

 

 

Directorate Reports - Business Services

 

BS21/14          Monthly Financial Performance Report for the Month Ended 31 January 2021

 

Executive Summary

This report presents the Monthly Financial Performance Report for the month ended 31 January 2021.  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 January 2021, the budget year to date surplus after capital revenue is $13.8 million with the actual year to date surplus being $16.8 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 $129 million with $28.4 million expended to the end of January.

 

2021/39

Resolved (Cr George Cecato / Cr Paul Amos)

That Council note the Monthly Financial Performance Report for 31 January 2021.

 

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

Carried

 

 

 

BS21/15          The Australasian Local Government Performance Excellence Program FY20 Report

 

Executive Summary

In 2013 PwC Australia and LG Professionals NSW worked in collaboration to create the Australasian LG Performance Excellence Program.  The program uses PwC’s local government experience and analytics expertise to provide a local government sector based benchmarking approach.  For financial year 2020 (FY20) there were 87 participant Councils (FY19 115), 50 from New South Wales, 6 from New Zealand, 10 from South Australia and 21 from Western Australia.  Like Coffs Harbour City Council, 69% of participants or 60 Councils have resident populations between 10,001 and 100,000, and 41% of participants or 35 Councils are classified as Regional Councils.

Coffs Harbour City Council joined in 2016 at the beginning of the second three-year period of the program and 2020 represents Council’s fifth year of participation.

This report presents to Council the FY20 Performance Excellence Report for Coffs Harbour City Council.  The results of the program will continue to inform areas of focus for continuous improvement initiatives moving forward.

 

2021/40

Resolved (Cr Sally Townley / Cr George Cecato)

That Council note the report.

 

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

Carried

 

 

DIRECTORATE REPORTS – SUSTAINABLE COMMUNITIES

 

SC21/12          Community and Cultural Facilities Plan 2021-2031 - Post Exhibition

 

Executive Summary

The Community and Cultural Facilities Plan 2021-2031 provides a strategic framework to guide decision-making about Council’s community and cultural facilities, their use and identify future priority projects across the Coffs Harbour Local Government Area (LGA) over the next 10 years.  This Plan has been informed from aligned community and cultural facility planning processes including the Creative Coffs – Cultural Strategic Plan 2017-2022, Issues and Options for Performing Arts Spaces (Indoor and Outdoor) Final Report 2020 and the City Hill Scoping Project Site Analysis 2020.

At its 12 November 2020 Meeting, Council resolved to publicly exhibit the Draft Community and Cultural Facilities Plan 2021-2031. The draft was placed on Council’s Have Your Say engagement page between 16 November and 16 December 2020. At the conclusion of this exhibition period, 28 public submissions were received.

The purpose of this report is to inform Council of the feedback received during the public consultation process and seek endorsement for the final Community and Cultural Facilities Plan 2021-2031 (Attachment 1) which has been amended in response to the feedback received (Attachment 2).

 

 

Motion (Cr Sally Townley / Cr George Cecato)

That Council:

1.         Adopt the Community and Cultural Facilities Plan 2021-2031 (Attachment 1).

2.         Notify submitters on the Draft Community and Cultural Facilities Plan 2021-2031 of Council’s decision.

3.         Receive a report detailing the process and costs to initiate a Community Facilities Developer Contribution Plan across the LGA and seek a further report on the status and future capacity of the Communities Facilities Reserve.

 

AMENDMENT

2021/41

Resolved (Cr Keith Rhoades / Cr George Cecato)

That Council:

1.         Adopt the Community and Cultural Facilities Plan 2021-2031 (Attachment 1).

2.         Notify submitters on the Draft Community and Cultural Facilities Plan 2021-2031 of Council’s decision.

 

For:         Crs Adendorff, Amos, Cecato and Rhoades

Against:  Crs Knight, Swan and Townley

 

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

 

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

Carried

 

 

The meeting adjourned for a short recess, the time being 7.19pm and reconvened at 7.27pm.

 

Directorate Reports - Sustainable Infrastructure

Cr Rhoades declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 7.27pm.

 

 

SI21/02           Recycled Water - Introduction of Fees and Charges Post Exhibition

 

Executive Summary

At its meeting held on 8 October 2020, Council resolved to place on public exhibition a proposal for the introduction of Fees and Charges for Recycled Water. The proposal was placed on public exhibition for a period of 63 days with 38 submissions received during this period.

After considering the submissions lodged, further changes to the Recycled Water Fees and Charges are proposed within this report, these include:

-     Delay the introduction date from 1 Jan 2021 to 1 July 2021.

-     Provision of clearer definition between commercial, non-commercial and sporting bodies for the purpose of exempting non-commercial users and sporting bodies from Recycled Water Consumption Charges up to their allocated supply volume.

-     Implementation of a financial rebate program which will incentivise and reward commercial users who are able to demonstrate a high water degree of water efficiency in their use of Recycled Water.

2021/42

Resolved (Cr Tegan Swan / Cr Sally Townley)

That Council:

1.         Consider, during the upcoming 2021/22 budget setting processes, the introduction from 1 July 2021 of the following fees and charges for Recycled Water consistent with Council’s resolution of 8 October 2020 so that:

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

1.2      The Recycled Water Access and Licencing Charge increases from $0 to $447 per year – equivalent to 3x the potable Residential Water Access Charge,

1.3      A $0 Recycled Water Consumption Charge applies for usage up to their allocated supply volume for non-rateable users, non-commercial users, and sporting bodies who can demonstrate a non-for-profit operating model,

1.4      Recycled Water Consumption Charge of $2.00 per Kilolitre - equivalent to 63% of the potable Residential Water Consumption Charge - for usage by a participant which is in excess of that participant’s allocated supply volume.

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

2.1      For the 22/23FY - Recycled Water Consumption Charge increases to 10% of the potable Residential Water Consumption Charge,

2.2      For the 23/24FY - Recycled Water Consumption Charge increases to 15% of the potable Residential Water Consumption Charge,

2.3      For the 24/25FY - Recycled Water Consumption Charge increases to 20% of the Residential Water Consumption Charge.

 

For:         Crs Knight, Swan and Townley

Against:  Crs Adendorff, Amos and Cecato

 

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

 

Cr Rhoades returned to the meeting, the time being 7.49pm.

 

 

 

 

SI21/03           Traffic Committee Meeting Update

 

Executive Summary

The Local Traffic Committee (LTC) Meeting have met seven (7) times since the last report to Council on 13 June 2019. This report provides an update for information to Councillors and includes the Minutes from all meetings.

 

2021/43

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.         Note the Minutes of the Local Traffic Committee Meetings of:

1.1.     Tuesday 27 August 2019 (Attachment 1)

1.2.     Thursday 7 November 2019 (Attachment 2)

1.3.     Tuesday 4 February 2020 (Attachment 3)

1.4.     Monday 6 April 2020 (Attachment 4)

1.5.     Wednesday 17 June 2020 (Attachment 5)

1.6.     Wednesday 7 October 2020 (Attachment 6)

1.7.     Thursday 26 November 2020 (Attachment 7)

2.         Note the Traffic Instruments from T34-2019 to T54-2019 and T1-2020 to T50-2020 (Attachment 8).

3.         Note that the actions contained in the above and attached Minutes have been authorised for action in accordance with the delegations issued by Council.

4.         Note that Council will receive regular updates of Local Traffic Committee Meetings.

 

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

Carried

 

 

Questions on notice

No questions on notice

 

Matters of an Urgent Nature

 

MUN21/02      Planning for Anzac Day 2021

 

Cr Rhoades raised concerns that this year’s Anzac Day ceremony may be held at the C.ex International Stadium due to COVID health restrictions, with the intent to have the 3 local sub branches attend this event with a capped number of 3,000 in attendance. This was due to it being too onerous to manage the current COVID health restrictions if the ceremonies were held at the local Cenotaphs for the traditional dawn services and marches. 

The decision of where the event will be held is up to the sub branches however hopes that State Government amends the health restrictions for the Anzac Day ceremonies.  He asked that Council and community members request that the State Government be more flexible of this situation.

 

The General Manager advised that correspondence would be forwarded to the State Government.

CLOSED SESSION – SECTION 10A

The Mayor requested a motion to close the meeting to consider item NOM21/02 Cr Amos – Confidential Matter, the time being 8.00pm.

 

 

Motion

2021/44

Resolved (Cr George Cecato / Cr Tegan Swan)

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

 

NOM21/02 Cr Amos – Confidential Matter

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

 

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

Against:  Cr Amos

Carried

 

 

The staff not related to the issue vacated the Chamber and live streaming ceased.

 

 

OPEN MEETING

 

Council reconvened into Open Meeting following the Closed Session, the time being 8.59pm.

 

 

Motion

2021/49

Resolved (Cr Denise Knight / Cr George Cecato)

That the report of the Closed Session be adopted.

 

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

Carried

 

 

The General Manager advised that the Matters considered in Closed Session were lost.

 

 

Close of Meeting

The Meeting closed at 9.01pm.

 

Confirmed: 25 March 2021

 

 

 

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

Denise Knight

Mayor