Ordinary Council Meeting Minutes                                             23 September 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, 23 September 2021 AT 5.00pm

 

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

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Keith Rhoades

BS21/56 Funding of Emergency Services' Facilities

Non-Pecuniary - Less Than Significant Conflict as he been appointed by the Minister for Emergency Services to sit on the NSW Rural Fire Service Advisory Committee and NSW Bush Fire Co-ordinating Committee

Cr Denise Knight

SC21/51 Draft Middle Creek Flood Study and Draft Middle Creek Floodplain Risk Management Study and Plan - Pre-Exhibition

Non-Pecuniary - Less Than Significant Conflict as she resides on Bonville Creek

Public forum commenced at 5.00pm

Speaker

Item

Margaret England

(written statement)

For - SC21/55 Coffs Harbour Entertainment Venue Scoping Study - Functional Brief

 

Apologies

2021/214

Resolved (Cr Keith Rhoades / Cr John Arkan)

That an apology from Councillor Cr Tegan Swan 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.

 

Mayoral Minute

The General Manager left the meeting, the time being 5.08pm.

 

MM21/04        General Manager's Performance Review

2021/215

Resolved (Cr Denise Knight)

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

 

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

Carried

 

The General Manager returned to the meeting, the time being 5.10pm.

 

 

Confirmation of Minutes

2021/216

Resolved (Cr John Arkan / Cr George Cecato)

That the minutes of the Ordinary Meeting held on 9 September 2021 be confirmed.

 

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

Carried

 

 

Directorate Reports – SUSTAINABLE COMMUNITIES

 

SC21/55          Coffs Harbour Entertainment Venue Scoping Study - Functional Brief

 

Executive Summary

The Coffs Harbour Entertainment Venue (CHEV) Scoping Study is the second stage of a two-stage cultural infrastructure project which provides a needs analysis and feasibility recommendations for a larger indoor entertainment venue that will deliver the best outcomes for the Coffs Harbour region.

This matter was last considered by Council at its Ordinary Meeting of 10 September 2020 where it adopted the Stage 2(a) Issues and Options Paper for Performing Arts Spaces (Indoor and Outdoor) Final Report and resolved to commence to Stage 2(b) Feasibility Study to determine the venue functions and size, most suitable City Centre location and an operational and financial model for an Indoor Performing Arts Centre.

Stage 2(b) has been titled Coffs Harbour Entertainment Venue (CHEV) Scoping Study to reflect the venue’s entertainment outcomes and the work required to scope the venue requirements.

The CHEV Scoping Study - Functional Brief (Functional Brief) has been prepared to document the required venue outcomes, technical infrastructure and building footprint for a Coffs Harbour entertainment venue.

The Functional Brief recommends a venue footprint minimum of 2,500 square metres.

This allows for a flexible performance space which can accommodate a variety of performance configurations, the appropriate level of accompanying support spaces and provide reasonable economic returns, including:

-       700-pax theatre (approximately 450 in stalls and 250 balcony seating);

-       450-pax theatre in intimate mode (without the use of balcony seating);

-       820-pax performance space with a combination of fixed seating and flat floor standing;

-       150-pax flat floor Performance / Dinner / Cabaret space.

The purpose of this report is to seek Council’s adoption of the CHEV Scoping Study – Functional Brief (Attachment 1) and note that the Functional Brief venue requirements inform the subsequent site analysis stage of the CHEV Scoping Study.

 

2021/217

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.    Adopt the CHEV Scoping Study – Functional Brief (Attachment 1).

2.    Note the Functional Brief venue requirements inform the site analysis stage of the CHEV Scoping Study.

3.    Inform stakeholders involved in the development of the CHEV Scoping Study – Functional Brief of Council’s decision.

 

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

Carried

 

 

Directorate Reports - Business Services

 

BS21/54          Bank and Investment Balances for August 2021

 

Executive Summary

Council’s Bank Balances and Investments as at 31 August 2021 totalled $252,909,524.75.  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.

 

2021/218

Resolved (Cr George Cecato / Cr Paul Amos)

That Council note the bank balances and investments totalling $252,909,524.75 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 August 2021.

 

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

Carried

 

 

 

BS21/55          Rent Relief Due to Impact of Covid-19 Restrictions - Leasing and Licensing

 

Executive Summary

Coffs Harbour City Council’s Local Government Area has been recently subject to the broader regional NSW Stay at Home orders due to the ongoing COVID-19 pandemic.  This has had an adverse impact on commercial operators within the area, some of which currently lease or licence property from Council.

Council has previously resolved to assist lessees and licensees in different ways as part of a range of methods to assist members of the community affected by such restrictions.

Further assistance is now being requested from lessees and licensees during these difficult times, and it is recommended that an online system be implemented inviting lessees and licensees to complete and submit an application for rent abatement in line with the NSW Government’s Retail and Other Commercial Leases (COVID-19) Regulation 2021.

Whilst it is not anticipated the impact is as severe for those tenants who receive funding from other Government bodies or community groups who pay a statutory minimum, it would be prudent at this time for this resolution to cover any tenants who can evidence adverse impact due to the restrictions, on a case by case basis.

 

2021/219

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

1.    Request commercial and community tenants to provide information to Council to enable a case by case assessment to be made in accordance with the Retail and Other Commercial Leases (COVID-19) Regulation 2021 and the General Manager be delegated authority to determine the level of assistance from the Council as outlined in this Regulation for the period equivalent to the length of time the Stay at Home Public Health Orders were in force.

2.    When giving consideration of rental rebates, the assessment be backdated to the commencement of the Stay at Home Orders issued 14 August 2021 until the end of the Stay at Home Orders on 11 September 2021.

3.    Extend delegated authority to the General Manager until 31 December 2021 to consider further assistance should Public Health Orders be amended so as to result in a further impact on tenancies.

 

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

Carried

 

 

 

 

2021/220

Resolved (Cr Keith Rhoades / Cr George Cecato)

That item BS21/56 Funding of Emergency Services’ Facilities be referred to Closed Session.

 

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

Against:  Cr Townley

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC21/51          Draft Middle Creek Flood Study and Draft Middle Creek Floodplain Risk Management Study and Plan - Pre-Exhibition

 

Executive Summary

Previous flood studies have been undertaken in the Middle Creek catchment, however they are now over 20 years old. The draft Middle Creek Flood Study provides a new flood model for the Middle Creek catchment that incorporates advances in numerical modelling techniques and technology, updated topographic survey and rainfall data, and a major update to the national guideline for flood estimation (Australian Rainfall and Runoff) (Attachment 1). The draft Middle Creek Floodplain Risk Management Study and Plan provides a detailed assessment of the impact of flooding on the community and evaluates a range of management options to control or mitigate flood risk (Attachment 2).

As the new flood study and floodplain risk management study has redefined the 1% Annual Exceedance Probability (AEP), also known as the 100-year Annual Recurrence Interval (100 year ARI) flood extent and Flood Planning Area for the Middle Creek catchment, Council’s online flood mapping datasets need to be updated. The update to these datasets also includes some minor housekeeping updates to the 1% AEP (100 year ARI) flood extent, the Flood Planning Area and the Indicative Planning Area in other areas of the LGA to improve the accuracy of the mapping.

This report recommends that Council place the draft Middle Creek Flood Study, draft Middle Creek Floodplain Risk Management Study and Plan, and draft updated Flood Mapping Datasets and nomenclature changes (Attachment 3), on public exhibition.

As a consequence of the completion of the Middle Creek Flood Study, a minor amendment is also required to Part E4 Flooding of Coffs Harbour Development Control Plan (DCP) 2015. Therefore, this report also recommends that Council place the draft Coffs Harbour DCP 2015 – Amendment No. 28 (Middle Creek Flood Study) (Attachment 4) on public exhibition. Finally, the report also recommends that the outcome of the public exhibition is reported to Council at a future meeting.

 

2021/221

Resolved (Cr Sally Townley / Cr George Cecato)

That Council:

1.    Place the draft Middle Creek Flood Study (Attachment 1) and draft Middle Creek Floodplain Risk Management Study and Plan (Attachment 2) on public exhibition for a period of 28 days.

2.    Place the draft updated Flood Mapping Datasets (Attachment 3) on public exhibition for a minimum period of 28 days.

3.    Place the draft Coffs Harbour Development Control Plan 2015 – Amendment No. 28 (Middle Creek Flood Study) (Attachment 4) on exhibition for a minimum period of 28 days.

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

 

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

Carried

 

 

 

SC21/52          Planning Proposal PP-2021-2954 - Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Lot 1 DP 360716 & Lot 15 DP 7956, No. 288-294 Coramba Road, Coffs Harbour - Post Exhibition

 

Executive Summary

At its Ordinary Meeting of 25 March 2021, Council resolved to initiate a proponent-led planning proposal (PP-2021-2954) to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to more accurately apply environmental and residential zones and corresponding minimum lot size and terrestrial biodiversity maps at the subject land (Attachment 1). Council also resolved at the same meeting to amend Coffs Harbour Development Control Plan (DCP) 2015 to align with the proposed LEP amendment.

Public exhibition of the planning proposal and draft DCP amendment was undertaken from 26 May to 25 June 2021. The purpose of this report is to seek endorsement from Council of Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition (Attachment 1) and approval of Coffs Harbour DCP 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour) (Attachment 2).

 

2021/222

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

1.    Endorse Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition (Attachment 1).

2.    Delegate to the General Manager the authority issued by the NSW Department of Planning, Industry and Environment to exercise the functions of the Minister under Section 3.36 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition.

3.    Continue to consult with the NSW Department of Planning, Industry and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition.

4.    Approve Coffs Harbour Development Control Plan 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour) (Attachment 2), which will come into effect when public notice of Council’s decision is made in accordance with Part 3, Division 3 of the Environmental Planning and Assessment Regulation 2000.

5.    Inform the Government agencies who made a submission to Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition and draft Coffs Harbour Development Control Plan 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour), as well as affected landowners of Council’s decision.

 

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

Carried

 

 

 

SC21/53          Planning Proposal PP-2021-2434 - Application to Amend Coffs Harbour LEP 2013 to Reduce the Minimum Lot Size - Lot 190 DP 838520, No. 1555 Bucca Road, Nana Glen - Post Exhibition

 

Executive Summary

At its Ordinary Meeting of 25 February 2021, Council resolved to initiate a proponent-led planning proposal (PP-2021-2434) to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to reduce the minimum lot size of Lot 190, DP 838520, No. 1555 Bucca Road, Nana Glen from two hectares to one hectare.

Public exhibition of the planning proposal was undertaken from 7 April 2021 to 21 April 2021. The purpose of this report is to seek endorsement from Council of Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition (Attachment 1).

 

2021/223

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

1.    Endorse Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition (Attachment 1).

2.    Delegate to the General Manager the authority issued by the NSW Department of Planning, Industry and Environment to exercise the functions of the Minister under Section 3.36 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition.

3.    Continue to consult with the NSW Department of Planning, Industry and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition.

4.    Inform the Government agencies that made a submission to Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen, as well as affected landowners of Council’s decision.

 

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

Carried

 

 

 

SC21/54          Development Application No. 1082/21 - General Industry (Alterations to Raise the Height of an Existing Shed and Addition of New Shed) - Lot 46 DP 1127854, 39 industrial Drive, North Boambee Valley

 

Executive Summary

This report provides an assessment of Development Application No. 1082/21 for alterations and additions to an existing general industry (concrete pre-cast facility) to raise the height of an existing shed and for the construction of a new shed at Lot 46 DP 1127854, 39 Industrial Drive, North Boambee Valley.

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

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

-       Significant public interest and community input;

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

-       Significant land use; and

-       Major environmental issues.

The development application is reported to Council for determination because it proposes to vary a development standard in the Local Environmental Plan by more than 10%.

 

2021/224

Resolved (Cr George Cecato / Cr John Arkan)

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

2.    Approve Development Application No. 1082/21 for a general industry (alterations to raise the height of an existing shed and addition of new shed) at Lot 46 DP 1127854, 39 Industrial Drive, North Boambee Valley, subject to the conditions provided in Attachment 3.

 

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

Carried

 

 

 

SC21/56          Library RFID Equipment Procurement

 

Executive Summary

The planning for the new central library within Yarrila Place, undertaken during the Cultural and Civic Space Project detailed design phase in 2020, identified a range of required new equipment and furniture. This included Library Radio Frequency Identification (RFID) equipment that is used in libraries extensively to automate and improve the efficiency and effectiveness of circulation, collection management and security of library material.

It is recommended that Council procure the items directly from Council’s existing RFID supplier, Bibliotheca, to ensure continued integration of the library systems when the new central library is opened next year.

The Cultural and Civic Space Project budget includes an allocation for the purchase of these items.

 

2021/225

Resolved (Cr Sally Townley / Cr George Cecato)

That Council:

1.    With reference to section 55(3)(i) of the Local Government Act 1993, resolves because of extenuating circumstances, being Council’s existing contract and relationship with Bibliotheca for its library RFID system, integration with existing Council library systems across all library branches, and additional cost implications of undertaking a tender process and changing library RFID systems, that a satisfactory result would not be achieved by inviting tenders for this equipment.

2.    Delegate the General Manager to directly negotiate and execute a contract for the supply, installation and service of the Library RFID equipment required for the Cultural and Civic Space Project with a single supplier, Bibliotheca.

3.    Note the estimate costs detailed in the Confidential Attachment.

 

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

Carried

 

 

Directorate Reports - Sustainable Infrastructure

 

SI21/20           Woolgoolga Public School - Parking and Drop Off Areas

 

Executive Summary

An investigation has been undertaken following Council’s resolution 2021/52 on 25 March 2021 as follows:

“That Council investigate and bring back a report looking at and providing options for parking and “children drop off areas” at Woolgoolga Public School. The report to mention and investigate the use of Beach Street alongside the Centennial Park, as a spot for the buses to drop and pick up.

The investigation included site inspections on four school days during pick up and drop off times.  The site inspections yielded the following conclusions.

Generally, there appeared to be no major issues on all four days other than the intermittent use of the bus zone by vehicles other than buses in contravention of the Australian Road Rule.

The majority of parents were observed to park in the nearby streets (i.e. Scarborough Street, Hastings Street and Short Street) and walk their children to the school gate.

Consultation has been undertaken with Forest Coach Lines and NSW Police and neither considered that the installation of a bus zone in Beach St was warranted.

NSW Police have undertaken observations at the site and have recommended a number of actions to improve road safety in the vicinity of the bus zone and these are reflected in the recommendations. 

 

2021/226

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

1.    Note the actions listed below will be presented to the Local Traffic Committee for endorsement:

1.1.  Add centre unbroken lines on Scarborough Street and Short Street.

1.2.  Place No Stopping signs and lines at the intersection of Short Street and Scarborough Street (on the northern side from the corner to the driveway of the car park).

1.3.  Place centre unbroken lines and Give Way / hold line in Short Street at the intersection with Scarborough Street.

1.4.  Place a solid edge line in Scarborough Street separating the south bound lane and the bus lane.

1.5.  Implement a No Parking zone south bound in Scarborough Street, approximately length 20m, at the end of the bus zone to allow the drop off.

2.    Arrange, subject to the Local Traffic Committee endorsement, for the installation of traffic control facilities in the vicinity of Woolgoolga Public School as listed above.

 

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

Carried

 

 

 

SI21/21           RFT-1392-TO Provision of Under-Road Boring Services (Panel Supply) Tender Award Recommendation

 

Executive Summary

Council called tenders for the Provision of Under-Road Boring Services (Panel Supply) Contract No. RFT-1392-TO that closed on 4 August 2021.

The tender was advertised as a contract for a two (2) year period with a one-year option exercisable at the sole discretion of Council based on satisfactory supplier performance and business requirements.

Proponents were advised that the tender would be awarded as a non-exclusive panel supply contract.

 

2021/227

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.         In accordance with clause 178 (1)(a) of the Local Government (General) Regulation 2005, accepts the panel contract RFT-1392-TO Provision of Under-Road Boring Services (Panel Supply) for an initial term of two years, with the seven proponents as follows:

·                Ameidat Pty Ltd

·                LeDonne Constructions Pty Ltd

·                Inncontrol Pty Ltd

·                EastCoast HDD Pty Ltd

·                Midcoast Under Road Boring Pty Ltd

·                ProDrill Australia Pty Ltd

·                Under Road Boring Australia

on the basis that:

1.1      Approving a panel of seven proponents will provide flexibility and cost competitiveness for Council across all locations where Council (notably Coastalworks and CitySmart Solutions) operates; and

1.2      The selected proponents have the necessary experience in similar works and their ability and performance are assessed as meeting requirements.

2.         Approve provision for a single one-year contract term extension based on business requirements and satisfactory panel performance, which may take the contract through to 2024.

 

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

Carried

 

 

 

SI21/22           Addition of Supplier to Contract No. RPT-1229-TO - Provision of Bulk Water Treatment Chemicals (Regional Procurement Tender No. REGPRO022021)

 

Executive Summary

On 23 July 2020, Council resolved (Resolution No. 2020/156) to accept the tender offer for Contract RPT-1229-TO - Provision of Bulk Water Treatment Chemicals (Regional Procurement Tender No. REGPRO022021) for the period 1 July 2020 to 30 June 2023 with a further one-year extension option.

Council proposes the addition of supplier SNF (Australia) Pty Ltd, ABN 32 050 056 267 to the existing approved panel of five suppliers, to enable the provision of specialist chemical products which are used in the dewatering of waste sludge at Council’s Water Reclamation Plants.

 

2021/228

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council approves SNF (Australia) Pty Ltd, ABN 32 050 056 267 to be included in Council’s suppliers under Regional Procurement Contract No. REGPRO022021, Contract No. RPT-1229-TO, Provision of Bulk Water Treatment Chemicals.

 

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

Carried

 

Questions on notice

No questions on notice.

Matters of an Urgent Nature

 

MUN21/13      COVID-19 and Vaccinations

 

The Mayor gave a reminder to be COVID-19 safe and to get vaccinated.

 

CLOSED SESSION – SECTION 10A

The Mayor requested a motion to close the meeting to consider item BS21/56 Funding of Emergency Services' Facilities, the time being 5.20pm.

 

 

Motion

2021/229

Resolved (Cr Keith Rhoades / Cr John Arkan)

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

 

BS21/56 Funding of Emergency Services' Facilities

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

(ii)  confer a commercial advantage on a competitor of the council

 

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 the live stream was ceased.

 

 

open meeting

Council reconvened into Open Meeting following the Closed Session, the time being 6.10pm.

 

 

The General Manager advised that the matter will remain confidential pending joint announcement by the NSW Minister for Emergency Services, Coffs Harbour City Council and the relevant agency.

 

 

 

Motion

2021/232

Resolved (Cr Keith Rhoades / Cr George Cecato)

That the resolution of the Closed Session be adopted.

 

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

Carried

 

 

Close of Meeting

The Meeting closed at 6.12pm.

 

Confirmed: 14 October 2021

 

 

 

 

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

Denise Knight

Mayor