Ordinary Council Meeting Minutes                                                             27 May 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, 27 May 2021 AT 5.00pm

 

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

 

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.

 

The Mayor acknowledged the passing of Uncle Mark Flanders and held a minutes silence in his honour.

 

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.

 

Cr Denise Knight and Cr Paul Amos declared an interest in the following item, vacated the chamber and took no part in the discussion, the time being 5:02 pm.

 

Cr Cecato assumed the Chair.

 


 

Public forum commenced at 5.00pm

Speaker

Item

Helen Gorman

Against SC21/28 - Development Application No. 0109/21 - Service Station And Signage - Lot 6 DP663907, Lot E DP359664 AND Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour

Stephen Moore

For SC21/28 - Development Application No. 0109/21 - Service Station And Signage - Lot 6 DP663907, Lot E DP359664 AND Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour

 

 

 

 

 

 

Cr Denise Knight and Cr Paul Amos returned to the meeting, the time being 5:16pm.  Cr Denise Knight resumed the Chair.

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Denise Knight

SC21/28 - Development Application No. 0109/21 - Service Station And Signage - Lot 6 DP663907, Lot E DP359664 AND Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour

Non-Pecuniary - Significant Conflict as a family member works for the company.

 

Cr Paul Amos

SC21/28 - Development Application No. 0109/21 - Service Station And Signage - Lot 6 DP663907, Lot E DP359664 AND Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour

Pecuniary interest as may have a financial impact.

 

 

 

Apologies

No apologies.

 

LEAVE OF ABSENCE

No leave of absence.

 

Confirmation of Minutes

2021/102

Resolved (Cr Paul Amos / Cr George Cecato)

That the minutes of the Ordinary Meeting held on 13 May 2021 be confirmed.

 

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

Carried

 


 

 

2021/103

Resolved (Cr George Cecato / Cr Michael Adendorff)

That the minutes of the Extraordinary Meeting held on 20 May 2021 be confirmed.

 

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

Against:  Cr Amos

Carried

 

Cr Denise Knight and Cr Paul Amos declared an interest in the following item, vacated the chamber and took no part in the discussion, the time being 5:19pm.

 

Cr Cecato assumed the Chair.

 

 

 

SC21/28          Development Application No. 0109/21 - Service Station and Signage - Lot 6 DP663907, Lot E DP359664 and Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour

 

Executive Summary

This report provides an assessment of Development Application No. 0109/21 for a service station and signage at Lot 6 DP663907, Lot E DP359664 and Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour.

At its meeting of 12 October 2017, Council adopted the ‘Development Applications - Consideration by Council Policy’, which outlined:

That development applications for approval involving substantial aspects of the following elements be referred to Council for determination:

-     Significant public interest and community input;

-     A proposed variation to the Local Environmental Plan that varies from the development standard by more than 10%;

-     Significant land use; and

-     Major environmental issues.

Following public exhibition of the application Council received thirty-five (35) submissions objecting to the development. Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’.

 

2021/104

Resolved (Cr Keith Rhoades / Cr Michael Adendorff)

That Council:

1.       Approve Development Application No. 0109/21 for a service station and signage at Lot 6 DP663907, Lot E DP359664 and Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour subject to the conditions in Attachment 3.

2.       Advise persons who made a submission on Development Application No. 0109/21 of Council’s decision.

 

For:         Crs Adendorff, Cecato and Rhoades

Against:  Crs Swan and Townley

Carried

 

Cr Denise Knight and Cr Paul Amos returned to the meeting, the time being 5:40pm.  Cr Denise Knight resumed the Chair.

The General Manager advised the Councillors of the resolution.

 

Directorate Reports - Business Services

 

BS21/25          Bank and Investment Balances for April 2021

 

Executive Summary

Council’s Bank Balances and Investments as at 30 April 2021 totalled $225,210,409.03.  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.

 

2021/105

Resolved (Cr George Cecato / Cr Tegan Swan)

That Council note the bank balances and investments totalling $225,210,409.03 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 April 2021.

 

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

Carried

 

 

 

BS21/26          Quarterly Operational Plan Update and Budget Review Statement for March 2021

 

Executive Summary

Coffs Harbour City Council’s 2020/21 Operational Plan was adopted on 27 June 2020 for implementation from 1 July 2020.

 

Internal reporting for the March 2021 quarter has identified the need for a number of amendments to the 2020/21 Operational Plan.  The proposed changes relate to extensions in the forecast end dates of projects within the same financial year, adding projects that were not in the adopted 2020/21 Operational Plan and changes in the resulting measurement of metrics.

 

The Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements under Clause 203 of the Local Government (General) Regulation 2005.  This regulation requires a Council’s Responsible Accounting Officer to submit quarterly budget review statements to the governing body of Council.  These statements are contained within the attachments to this report.

 

This report summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.

 

COVID-19 continues to create an element of uncertainty in the budget review process.  Financial adjustments and policy positions continue to be developed to ensure that Council is minimising the disruption to services and supporting the local community through the public health crisis.

 

The recommendations contained within the report, if adopted, would result in a net budget deficit of $7.29M compared to the original position of $5.06M. This deterioration is primarily the result of historically low interest rates, the impact of COVID-19 and natural disasters. Lower interest rates have resulted in a reduction in projected investment revenue over the course of the financial year. COVID-19 and natural disasters have not only affected the ability to source materials and contractors but also the priority and timing of works within Council and for our commercial works customers. The projects proposed for completion by both Coastal Works and CitySmart Solutions have been delayed, with some pushed to next financial year and resulted in a downgrade of projected profits for the year.

 

2021/106

Resolved (Cr George Cecato / Cr Keith Rhoades)

That Council:

1.       Note the Quarterly Budget Review Statement and the following estimated budget position as at 31 March 2021:

2020/21 Original Budget

2020/21 Revised Budget

2020/21 Projected Budget

2020/21 Mar YTD Actuals

 

 

$‘000

$‘000

$‘000

$‘000

 

Recurrent Revenue

 

 

 

 

 

Rates & Annual Charges

100,348

100,648

100,648

76,911

 

User Charges & Fees

53,006

51,072

48,698

35,560

 

Interest & Investment Revenue

5,265

5,265

3,765

2,138

 

Other Revenues

9,451

9,455

7,763

4,997

 

Grants & Contributions provided for Operating Purposes

15,166

15,994

15,883

9,579

 

Total Recurrent Revenue

183,236

182,434

176,757

129,185

 

Recurrent Expenditure

 

 

Employee Benefits & Oncosts

59,887

61,274

61,210

47,534

 

Borrowing Costs

7,781

7,690

7,690

4,820

 

Materials & Contracts

177,325

189,212

139,283

70,729

 

Depreciation & Amortisation

47,335

47,335

46,081

34,527

 

Other Expenses

10,604

11,309

11,309

7,941

 

Less: Capitalised Expenses

(114,640)

(129,057)

(81,529)

(36,722)

 

Total Recurrent Expenditure

188,292

187,763

184,044

128,829

 

Net Operating (Deficit) / Surplus

(5,056)

(5,329)

(7,287)

356

 

Capital Revenue

 

 

Capital Grants, Subsidies, Contributions and Donations

53,670

55,548

31,672

19,999

 

Total Capital Revenue

53,670

55,548

31,672

19,999

 

Net Surplus

48,614

50,219

24,385

20,355

 

2.       Approve the following budget adjustments:

2.1.    $1,957,175 increase in the budgeted net operating deficit;

2.2.    $23,876,309 decrease in budgeted capital revenue to be received;

2.3.    $47,527,432 decrease in the budgeted level of capital expenditure;

2.4.    $19,229,158 decrease in the budgeted level of loans drawn down;

2.5.    $1,253,724 decrease in depreciation expense;

2.6.    $2,011,680 increase in cash reserves.

 

3.       Note the following allocations have been included in the draft 2021/22 Operational Plan:

3.1.    $4.165M for the Wiigulga Sports Complex;

3.2.    $4.745M for the Cultural and Civic Space;

3.3.    $3.593M for various projects funded from Local Roads and Community Infrastructure Grant $2.95M, Crown Reserves Improvement Fund $0.543M and a contribution from the Friends of the Botanic Gardens of $0.1M.

 

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

Carried

 

 

 

BS21/27          Draft Plan of Management for 16 Crown Reserves

 

Executive Summary

Council has a statutory obligation under both the Crown Lands Management Act 2016 (CLM Act) and the Local Government Act 1993 (LG Act) to adopt Plans of Management (PoMs) for all Crown reserves that are classified as ‘community’ land and for which Council has been appointed land manager.  The statutory timeframe for the adoption of PoMs is on or before 30 June 2021; however, indications have been given that this timeframe will be extended.

 

A draft PoM for 16 Crown Reserves (Attachment 1) has been finalised following wide consultations across multiple groups of Council.  It is now ready for consideration by Council and if agreed, a resolution made to refer the document to the Division of Crown Lands within the Department of Planning, Industry and Environment (DPIE) for its approval, prior to it being publicly exhibited.  This step is compulsory as the Crown (being the landowner) must be given the opportunity to provide input into the draft PoM prior to it being placed on public exhibition. So too is it a requirement that Native Title Manager advice (Attachment 2) be considered by Council prior to the draft PoM being referred to DPIE.

 

After DPIE have reviewed and approved the draft PoM, it must be publicly exhibited for not less than 28 days and the opportunity for submissions to be made over a period of not less than 42 days.  The draft PoM, including any revisions resulting from public exhibition, will then be presented to Council for formal adoption.

 

2021/107

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.    Refer the draft Plan of Management for 16 Crown Reserves to the Crown Lands Division of the Department of Planning, Industry and Environment to obtain approval to place the document on public exhibition.

2.    Place the draft Plan of Management for 16 Crown Reserves on public exhibition for a period of at least 42 days once approval is received.

 

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

Carried

Directorate Reports - Sustainable Communities

 

SC21/25          Draft Revised Renewable Energy and Emissions Reduction Plan

 

Executive Summary

In 2016, Council adopted the Renewable Energy and Emission Reduction Plan (REERP) as a blueprint for action to meet Council’s corporate Renewable Energy and Emissions Reduction Targets. The first phase of Council’s REERP is now close to completion and a review of the plan has been undertaken to map out the subsequent phases over the next 10 to 15 years as per the commitment in the original REERP.

The draft revised REERP, explores a Net Zero Emissions target based on a science-based carbon budget, in line with the United Nations International Panel on Climate Change (IPCC) recommendations. Moving to adopt targets informed by this methodology would demonstrate Council’s continued leadership on sustainability with the science derived target being industry leading in its robustness.  While there are costs associated with activity to progress against these targets, the efficiencies and savings are significant.

The purpose of this report is to recommend Council place the draft revised REERP on public exhibition for a period of 28 days.

 

2021/108

Resolved (Cr Sally Townley / Cr George Cecato)

That Council:

1.       Endorse the Draft Revised Renewable Energy and Emissions Reduction Plan (REERP) for public exhibition for a period of 28 days.

2.       Note that a further report will be brought back to Council for consideration following public exhibition.

 

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

Carried

 

 

 

 

SC21/26          Contract No. RFT-1170-TO - Coffs Coast Regional Sports Hub Stage 2 – Construct Northern Amenity Building

 

Executive Summary

Coffs Harbour City Council has released a “Request for Tender” to Construct the Northern Amenity Building within the Coffs Coast Sport and Leisure Park Precinct. The works form part of the Coffs Coast Regional Sports Hub Stage 2 project, which is funded by the NSW Government’s Regional Sports Infrastructure Fund (RSIF) grant.

Responses to the Request for Tender have now been received and assessed.

This report provides details of the tender evaluation and recommends that Council adopt the recommendation in the attached report.

 

2021/109

Resolved (Cr Keith Rhoades / Cr George Cecato)

That Council accept the tender received for the Construction of the Northern Amenity Building from Connex Management and Construction Pty Ltd ABN 74621557211 for the price of $3,524,731.83 Incl GST; in accordance with S178(1)(b) of the Local Government Regulations on the basis that:

1.         The quotation is the most advantageous following the application of Council’s Tender Value Selection System.

2.         The Proponent has the necessary experience in similar works and their ability and performance are satisfactory.

 

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

Carried

 

 

 

SC21/27          Provision of Telecommunications Infrastructure - Draft Policy

 

Executive Summary

In response to Council’s resolution of 12 November 2020, a draft Policy has been developed to outline Council’s expectations for the appropriate provision of telecommunications infrastructure in situations where Council has a role in the development process (Attachment 2). To support this policy and achieve good development outcomes in relation to telecommunications infrastructure, draft amendments to Council’s Community Participation and Engagement Plan (CPEP) (Attachment 3) and Development Control Plan (DCP) 2015 (Attachment 4) have also been prepared.

The purpose of this report is to present the draft policy and draft amendments to Coffs Harbour DCP 2015 and CPEP for Council’s consideration and to seek endorsement to undertake community and stakeholder consultation on the draft documents.

 

2021/110

Resolved (Cr Paul Amos / Cr Tegan Swan)

That Council:

1.         Amend the draft Provisions of Telecommunications Infrastructure Policy (Attachment 2) and the draft Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) (Attachment 4) to reflect the principle that Council is not supportive of telecommunications towers in close proximity (500m) to schools and child care facilities.

2.         Endorse, publicly exhibit and carry out stakeholder consultation on the updated draft Provision of Telecommunications Infrastructure Policy for a minimum period of 28 days in accordance with the Coffs Harbour City Council Community Participation and Engagement Plan (Attachment 2).

3.         Endorse and publicly exhibit the draft amendment to Table 6 of the Coffs Harbour City Council Community Participation and Engagement Plan for a minimum period of 28 days in accordance with Schedule 1 of the Environmental Planning and Assessment Act 1979 (Attachment 3).

4.         Endorse, publicly exhibit and carry out stakeholder consultation on the updated draft Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) for a minimum period of 28 days pursuant to Clause 18 of the Environmental Planning and Assessment Regulation 2000 and Schedule 1 of the Environmental Planning and Assessment Act 1979 (Attachment 4).

5.         Consider a further report outlining the outcomes of public exhibition of, and stakeholder consultation on, the updated draft Provision of Telecommunications Infrastructure Policy, updated Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) and draft amendment to Table 6 of the Coffs Harbour City Council Community Participation and Engagement Plan.

 

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 6.25pm.

 

Confirmed: 10 June 2021

 

 

 

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

Denise Knight

Mayor