Ordinary Council Meeting Minutes                                                           10 June 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, 10 June 2021 AT 5.00pm

 

PRESENT:              Cr George Cecato, Cr Michael Adendorff, Cr Paul Amos, Cr John Arkan, Cr Keith Rhoades, Cr Sally Townley

STAFF:                    General Manager, Director Sustainable Infrastructure, Director Sustainable Communities, Director Business Services and Executive Assistant

 

Leave of Absence       Nil

Opening of Ordinary Meeting

The meeting commenced at 5.00pm with the Deputy Mayor, Cr G Cecato 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 Deputy 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

Julie Coffey

For BS21/29 Cost of Installing a Heating System at the Coffs Harbour War Memorial Olympic Pool

Stephanie Campbell

For BS21/29 Cost of Installing a Heating System at the Coffs Harbour War Memorial Olympic Pool

Paul McKeon
Bunker Cartoon Gallery Inc.

For BS21/30 Bunker Cartoon Gallery Inc. - Request for Additional Financial Assistance

Zeno Baston

Against SI21/08 Strategic Waste Directions Report

Susan Seaton

For SI21/08 Strategic Waste Directions Report

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr George Cecato

BS21/29 Cost of Installing a Heating System at the Coffs Harbour War Memorial Olympic Pool

Non-Pecuniary - Less Than Significant Conflict as his grandchildren attend swimming lessons at the pool.

Cr George Cecato

BS21/30 Bunker Cartoon Gallery Inc. - Request for Additional Financial Assistance

Non-Pecuniary - Less Than Significant Conflict as he is a member of the Coffs City Rotary Club, but not a board member.

Cr Michael Adendorff

BS21/30 Bunker Cartoon Gallery Inc. - Request for Additional Financial Assistance

Non-Pecuniary - Less Than Significant Conflict as he is an ex member of the Rotary Club.

Cr George Cecato

SC21/30 NRPP - Development Application No. 0583/21 - Mixed Use Development (Comprising Demolition of Existing Buildings, Construction of Retail Premises (7 shops) and Shop Top Housing (95 Residential Apartments)) - Lot 9 DP 506454, Lot 10 DP 506454, Lot 4 Sec 7 DP 758258, Lot 1 DP 305950, No.15-31 Harbour Drive, Coffs Harbour

Pecuniary interest as he is a panel member of NRPP.

 

Apologies

No apologies

 

LEAVE OF ABSENCE

2021/111

Resolved (Cr John Arkan / Cr Sally Townley)

That leave of absence as requested from Councillors Denise Knight and Tegan Swan be approved.

 

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

Carried

 

 

Confirmation of Minutes

2021/112

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That the minutes of the Ordinary Meeting held on 27 May 2021 be confirmed.

 

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

Carried

 

 

DIRECTORATE REPORTs – BUSINESS SERVICES

 

BS21/29          Cost of Installing a Heating System at the Coffs Harbour War Memorial Olympic Pool

 

Executive Summary

An investigation has been undertaken following Council’s resolution 2021/34 on 11 March 2021 as follows:

“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."

As a result of the investigation it has been determined that the cost to install a heating system at the Coffs Harbour War Memorial Olympic Pool for the outdoor 50 metre pool would be in the order of $530,000 for the works and purchase of the system.

To maintain a temperature of 27 degrees Celsius, it is estimated the annual operating cost for the 440 kilowatt system, including electricity, staff time and depreciation is estimated to be $110,000.  Additional estimated revenue to be earned from the increase in the level of service is $35,000, which leaves a net increase in operating expenditure of $75,000 per annum.  There is not sufficient room on site to install renewable energy to be able to run the heating system and all available roof space within the facility already has solar panels installed to offset the current operating costs for the facility.

2021/113

Resolved (Cr Keith Rhoades / Cr John Arkan)

That Council:

1.         Endorse the proposed heating system for outdoor 50 metre pool at the Coffs Harbour War Memorial Olympic Pool complex;

2.         Undertake the project in the 2021/22 financial year in readiness for the 2022 winter season;

3.         Allocate funding for the project from the Infrastructure Renewal Reserve in the 2021/22 Operational Plan.

 

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

Carried

 

 

 

BS21/30          Bunker Cartoon Gallery Inc. - Request for Additional Financial Assistance

 

Executive Summary

In August 2018 the Council provided support to The Bunker Cartoon Gallery Inc. (BCG Inc.) to progress with an expanded gallery exhibition space and facility to complement the existing Bunker Cartoon Gallery.  The BCG Inc. was successful in obtaining State Government grant funding to undertake the project; however, due to various circumstances, found that the budget estimates used in the grant application were not sufficient to cover the complete project expenditure to ensure completion of the project.  In February 2020, the Council considered a further request from the BCG Inc. to cover unforeseen expenses in conjunction with the project with a total request of $113,000.  Separately to this capital funding request, the BCG Inc. also requested a one off subsidy in the 2020/21 financial year of $100,000 to assist in operating costs in the year of construction of the extensions.

Last month a meeting was held with representatives of the BCG Inc. where a further two requests for assistance were made of Council.  The first request is for a Council subsidy of $150,000 per annum to assist with the operation of the gallery for the next two financial years.  The second request is for an amount of $50,000 to cover the preparation of a grant application and associated research for funding to proceed with the project of creating and installing a permanent exhibition showing Australia from 1900 through cartoonists’ eyes and expected to cost approximately $2 million.

This report explores the requests of BCG Inc., the previous support given to BCG Inc. by Council in relation to the project and the alignment of the project to Council’s adopted strategic direction, in particular Creative Coffs, Council’s Cultural Strategic Plan 2017-2022.

2021/114

Resolved (Cr Keith Rhoades / Cr Michael Adendorff)

That Council:

1.         Provide $150,000 in the final 2021/2022 Operational Plan for the BCG Inc as an operational subsidy to be funded from the Strategic Initiatives Reserve;

2.         Provide $150,000 in the 2022/23 Operational Plan for the BCG Inc as an operational subsidy to be funded from the Strategic Initiatives Reserve subject to the presentation of current year financial reports and forward budget estimates demonstrating the need for the operational subsidy in the 2022/23 financial year, to the satisfaction of the General Manager, by 31 March 2022;

3.         Provide $50,000 in the final 2021/2022 Operational Plan for the BCG Inc as a grant to facilitate the preparation of a grant application for the permanent exhibition, to be funded from the Strategic Initiatives Reserve subject to the presentation of the details of a specific grant program which has been identified as a funding source for the exhibition to the satisfaction of the General Manager.

 

For:         Crs Adendorff, Arkan, Cecato and Rhoades

Against:  Crs Amos and Townley

Carried

 

 

DIRECTORATE REPORT – SUSTAINABLE INFRASTRUCTURE

 

SI21/08           Strategic Waste Directions Report

 

Executive Summary

The purpose of this report is to provide information related to the future of the Englands Road landfill operation for the consideration of Council.

Environmental Management consultancy Gilbert+Sutherland was engaged to complete an assessment of the Englands Road landfill site. Gilbert+Sutherland has since submitted their findings in a paper titled Potential Expansion Options Advice – Englands Road Landfill Facility Coffs Harbour New South Wales (the Options Report – Attachment 1 to this report). The Options Report explored whether the creation of additional volume capacity within the existing landfill site was feasible and, if so, to what extent it would increase the expected lifespan of the landfill capacity.

The Options Report identified a total of seven (7) potential volume expansion options. This list of identified options was reduced to two (options ‘3’ and ‘6’ in the Gilbert+Sutherland Options Report) through a further process of critical analysis to arrive at the two most feasible options which best acknowledged the known constraints and future predictions related to the Coffs Coast waste streams and systems. The two options which were selected through this process are henceforth referred to as Scenario A and Scenario B.

In summary:

·        Scenario A involves a proposed increase in the ultimate height of the landfill cell whilst staying within the limits of the existing landfill footprint.  This option provides landfill volume capacity sufficient for approximately a further 6 years of operation in addition to current capacity.

·           Scenario B involves a proposed increase in both the height and footprint of the existing landfill. This option creates additional landfill volume capacity sufficient for approximately a further 12 years of operation in addition to current capacity.

 

Motion (Cr Sally Townley / Cr Michael Adendorff)

That Council:

1.              Commit to seeking a 4 metre rise, as per Option 2 in Attachment 2, in landfill height at England’s Road as an interim measure.

2.         Commence preparation of documents required for Development Application, including a Probity Plan.

3.         Meet with Bellingen Shire Council and Nambucca Valley Council to discuss:

3.1      landfill height options;

3.2      pathways to transition to secure and sustainable waste and resource recovery actions;

3.3      any other relevant waste-related matters.

4.         Progress positively towards a sustainable waste management solution for the Coffs Harbour LGA and that this be added to the KPI targets of Council senior management.

5.         Receive bimonthly reports on progress towards a new waste management solution as well as a report on the odour emissions for the relevant period.

6.         Investigate and report to Council within one month on measures currently being implemented, the results of those measures and measures to be implemented forthwith at the facility to control all and any offensive odours emanating from the facility.

7.         Investigate and report on the existing facility being converted to a waste transfer station.

 

Amendment

 

(Cr Paul Amos

That Council:

1.              Commit to seeking a 4 metre rise, as per Option 2 in Attachment 2, in landfill height at England’s Road as an interim measure.

2.         Commence preparation of documents required for Development Application, including a Probity Plan.

3.         Meet with Bellingen Shire Council and Nambucca Valley Council to discuss:

3.1      landfill height options;

3.2      pathways to transition to secure and sustainable waste and resource recovery actions;

3.3      any other relevant waste-related matters.

4.         Progress positively towards a sustainable waste management solution for the Coffs Harbour LGA and that this be added to the KPI targets of Council senior management.

5.         Receive bimonthly reports on progress towards a new waste management solution as well as a report on the odour emissions for the relevant period.

6.         Investigate and report to Council within one month on measures to be implemented forthwith at the facility to control all and any offensive odours emanating from the facility.

 

The AMENDMENT lapsed in the absence of a seconder.

 

Motion put

2021/115

Resolved (Cr Paul Amos)

That the motion be put.

 

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

Carried

 

Motion

2021/116

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council:

1.              Commit to seeking a 4 metre rise, as per Option 2 in Attachment 2, in landfill height at England’s Road as an interim measure.

2.         Commence preparation of documents required for Development Application, including a Probity Plan.

3.         Meet with Bellingen Shire Council and Nambucca Valley Council to discuss:

3.1      landfill height options;

3.2      pathways to transition to secure and sustainable waste and resource recovery actions;

3.3      any other relevant waste-related matters.

4.         Progress positively towards a sustainable waste management solution for the Coffs Harbour LGA and that this be added to the KPI targets of Council senior management.

5.         Receive bimonthly reports on progress towards a new waste management solution as well as a report on the odour emissions for the relevant period.

6.         Investigate and report to Council within one month on measures currently being implemented, the results of those measures and measures to be implemented forthwith at the facility to control all and any offensive odours emanating from the facility.

7.         Investigate and report on the existing facility being converted to a waste transfer station.

 

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

Against:  Cr Arkan

Carried

 

 

General Manager's Report

 

GM21/07         Councillor Policies

 

Executive Summary

Council has reviewed and amended its Councillor Expenses and Facilities Policy and has developed a draft Councillor Induction and Professional Development Policy.  These policies provide details of what resources, facilities and professional development is available to the Mayor and Councillors.  This report seeks:

·     Endorsement to place the draft Councillor Expenses and Facilities Policy on public exhibition for 28 days in accordance with s253(5) of the Local Government Act 1993

·     Adoption of the Councillor Induction and Professional Development Policy

2021/117

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.         In accordance with s253(5) of the Local Government Act 1993, give public notice of its intention to adopt the draft Councillor Expenses and Facilities Policy as attached and allow at least 28 days for the making of public submissions.

1.1.     If nil submissions are received by close of business 9 July 2021 (that being the conclusion of the exhibition period), acknowledge that the advertised draft Councillor Expenses and Facilities Policy will be Council’s adopted Councillor Expenses and Facilities Policy, effective on and as from 9 July 2021; or

1.2.     Should submissions regarding the draft Councillor Expenses and Facilities Policy be received by close of business 9 July 2021, a further report be prepared and submitted for Council’s consideration outlining the details of any submissions received.

 

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

Carried

 

 

Directorate Report - Business Services

 

BS21/28          Monthly Financial Performance Report for the Month Ended 30 April 2021

 

Executive Summary

This report presents the Monthly Financial Performance Report for the month ended 30 April 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 30 April 2021, the budget year to date surplus after capital revenue is $17.7 million with the actual year to date surplus being $19.9 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 $81.5 million with $43.3 million expended to the end of April 2021.

2021/118

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council note the Monthly Financial Performance Report for 30 April 2021.

 

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

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC21/29          Stronger Country Communities Fund - Round 4

 

Executive Summary

The NSW Government has committed $100 million through Round 4 of the Stronger Country Communities Fund (SCCF) to support community projects that increase the liveability of regional NSW communities.  This includes up to $50 million for projects that enhance female sporting facilities and increase female participation in sport. Local councils along with community organisations are eligible to apply.

 

Motion (Cr John Arkan / Cr Michael Adendorff)

That Council endorse the following projects to be submitted to the Stronger Country Communities Fund – Round Four:

1.         Ayrshire Park, Boambee Sports Lighting - grant funding of $165,500.

2.         Hockey Female Change Rooms - grant funding of $495,500.

3.         Woolgoolga Beach Reserve, Carpark, Carrington Street - grant funding of $320,000.

4.         West Coffs Harbour Shared Path, Gundagai Street - grant funding of $223,500.

 

 

Amendment

2021/119

RESOLVED (Cr Sally Townley / Cr Paul Amos)

That Council endorse the following projects to be submitted to the Stronger Country Communities Fund – Round Four:

1.         Ayrshire Park, Boambee Sports Lighting - grant funding of $165,500.

2.         Hockey Female Change Rooms - grant funding of $495,500.

3.         West Coffs Cycle Way - grant funding of $543,500.

 

For:         Crs Adendorff, Amos, Cecato and Townley

Against:  Crs Arkan and Rhoades

 

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

 

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

Against:  Cr Rhoades

Carried

 

 

The meeting adjourned for a short recess, the time being 7.45pm and reconvened at 7.54pm.

 

 

Cr George Cecato declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 7.55pm.

 

The General Manager requested a motion to call for nominations for Chairperson.

 

 

Motion

2021/120

Resolved (Cr Sally Townley / Cr John Arkan)

That Cr Keith Rhoades be appointed as Chairperson for the following item in the absence of the Deputy Mayor.

 

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

Carried

 

 

Cr Keith Rhoades assumed the Chair.

 

 

SC21/30          NRPP - Development Application No. 0583/21 - Mixed Use Development (Comprising Demolition of Existing Buildings, Construction of Retail Premises (7 shops) and Shop Top Housing (95 Residential Apartments)) - Lot 9 DP 506454, Lot 10 DP 506454, Lot 4 Sec 7 DP 758258, Lot 1 DP 305950, No.15-31 Harbour Drive, Coffs Harbour

 

Executive Summary

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application No. 0583/21, has been lodged with the Northern Regional Planning Panel.  

The proposed development is for Mixed Use Development (comprising demolition of existing buildings, construction of retail premises (7 shops) and shop top housing (95 residential apartments)).

The estimated cost of construction is $44,369,380. Under State Environmental Planning Policy (State and Regional Development) 2011, developments with a capital investment value of more than $30 million, are required to be determined by the Northern Regional Planning Panel and not Council.

A copy of the development assessment report that has been provided to the Northern Regional Planning Panel is provided attached to this report as ATT 1 NRPP Development Assessment Report.  It is recommended that the content of this report be noted.

2021/121

Resolved (Cr John Arkan / Cr Paul Amos)

That Council note the report.

 

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

Carried

 

 

Cr George Cecato returned to the meeting, the time being 7.58pm and resumed the Chair.

 

 

Directorate Report - Sustainable Infrastructure

 

Motion

2021/122

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council item SI21/09 Details of Environmental Protection Agency Concept be referred to Closed Session for the reasons set out in the report.

 

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

Carried

 

 

CLOSED SESSION – SECTION 10A

The Deputy Mayor requested a motion to close the meeting to consider item SI21/09 Details of Environmental Protection Agency Concept, the time being 8.00pm.

 

 

Motion

2021/123

Resolved (Cr George Cecato / Cr Michael Adendorff)

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

 

SI21/09 Details of Environmental Protection Agency Concept

(d) commercial information of a confidential nature that would, if disclosed:

(i)  prejudice the commercial position of the person who supplied it.

 

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

Carried

 

 

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

 

OPEN MEETING

Council reconvened into Open Meeting following the Closed Session, the time being 8.53pm.

 

 

The General Manager advised that the recommendation before Council was lost and remains in Closed Session.

 

 

 

Motion

2021/125

Resolved (Cr John Arkan / Cr Paul Amos)

That the resolution of the Closed Session be adopted.

 

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

Carried

 

 

Questions on notice

 

QON21/05      Legal Fees Contesting Contractual Disputes

 

The response was noted.

 

 

Matters of an Urgent Nature

No matters of an urgent nature.

 

 

Close of Meeting

The Meeting closed at 9.04pm.

 

Confirmed: 24 June 2021

 

 

 

 

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

George Cecato

Deputy Mayor