Ordinary Council Meeting Minutes                                                       27 April 2017

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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 April 2017 AT 5.00pm

 

PRESENT:     Cr Denise Knight, Cr Michael Adendorff, Cr Paul Amos, Cr John Arkan, Cr George Cecato, Cr Keith Rhoades, Cr Jan Strom, Cr Tegan Swan, Cr Sally Townley

STAFF:          General Manager, Director Sustainable Infrastructure, Acting 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 Gumbaynggirr Country and the Gumbaynggirr Aboriginal peoples who are traditional custodians of the land on which we meet and their Elders both past and present.

 

Statement in relation to Recording of Meetings

The Mayor reminded the Chamber that the meeting was to be recorded, and that no other recordings of the meeting would be permitted.

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Amos

SC17/16 Development Application No.0018/17 - Residential Flat Building (7 Units), Strata-Subdivision and Demolition of Existing Structures - Lot 3, Sec 48, DP 758258, 31 Camperdown Street, Coffs Harbour

Non-Pecuniary - Significant Conflict as have continuing close and personal relationships with many of the affected land owners.

 

Apologies

No apologies

 

Public Addresses

Time

Speaker

Item

5.00pm

Louise Hardman

NOM17/06 - Supporting Movements to Ban Single Use Plastic Bags

 

 

Public forum

No public forums

 

Mayoral Actions Under Delegated Authority

No actions under delegated authority.

 

Confirmation of Minutes

2017/63

Resolved (Cr Jan Strom / Cr Michael Adendorff)

That the minutes of the Ordinary Meeting held on 23 March 2017 be confirmed.

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

Carried

 

2017/64

Resolved (Cr Jan Strom / Cr John Arkan)

That the minutes of the Extraordinary Meeting held on 30 March 2017 be confirmed.

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

Carried

 

Notices of Motion – General

 

NOM17/06      Supporting movements to ban single use plastic bags

 

Motion (Cr Sally Townley / Cr Jan Strom)

That Council supports the movement to ban single use plastic bags by:

1.    Writing to the State and Federal Governments urging them to introduce legislation that will ban single use plastic shopping bags.

2.    Contacting local retailers to encourage them to voluntarily reduce and ultimately eliminate single use plastic shopping bags from the Coffs Harbour LGA.

 

Amendment

 

MOVED (Cr Michael Adendorff / Cr John Arkan)

That Council supports the movement to ban single use plastic bags by:

1.    Writing to the State and Federal Governments urging them to introduce legislation that will ban single use plastic shopping bags.

2.    Contacting local retailers to encourage them to voluntarily reduce and ultimately eliminate single use plastic shopping bags from the Coffs Harbour LGA and contribute any cost savings to the local community.

For:         Crs Adendorff, Arkan and Rhoades

Against:  Crs Knight, Amos, Cecato, Strom, Swan and Townley

The AMENDMENT on being put to the meeting was LOST.

 

2017/65

Resolved: THE MOTION (Cr Sally Townley / Cr Jan Strom)

That Council supports the movement to ban single use plastic bags by:

1.    Writing to the State and Federal Governments urging them to introduce legislation that will ban single use plastic shopping bags.

2.    Contacting local retailers to encourage them to voluntarily reduce and ultimately eliminate single use plastic shopping bags from the Coffs Harbour LGA.

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

Carried

 

General Manager's Reports

 

GM17/06         Australasian Local Government Performance Excellence Program FY2016 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. Participants now include 69 Councils in New South Wales, 30 Councils in New Zealand and 35 Councils in Western Australia.

 

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program. This was also timely as it provides 2015-16 as a base year of benchmarked data following the implementation of much of Council’s Transformation to Sustainability Program.

 

This report presents to Council the 2015-16 Performance Excellence Report for Coffs Harbour City Council. The results of the program will be used to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

 

2017/66

Resolved (Cr John Arkan / Cr Sally Townley)

That Council note the report.

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

Carried

 

Notices of Motion – Business Services

 

NOM17/07      Closure of Public Swimming Pools When School Carnivals Are Taking Place

2017/67

Resolved (Cr Denise Knight / Cr Jan Strom)

1.       That Council REVERSE its decision to allow pool management and large schools to negotiate closing the Coffs Harbour War Memorial Olympic Pool to the public during school carnivals

2.       That Council require the pool be kept open to the public during school carnivals, but cordon off the area required by the school.

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

Carried

 

Directorate Reports - Business Services

 

BS17/11          Monthly Financial Performance Report for the month ended 28 February 2017

 

Executive Summary

This report presents the monthly financial performance report for 28 February 2017.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  It also provides the consolidated financial position as at 28 February 2017.

 

2017/68

Resolved (Cr Jan Strom / Cr Tegan Swan)

That Council:

1.       Note the monthly financial performance report for 28 February 2017.

2.       Note the following Consolidated Income Statement.

CONSOLIDATED INCOME STATEMENT as at 28 February 2017:

2016/17 Original Budget 

2016/17 Revised Budget  

2016/17 Actuals  

Recurrent Revenue

‘000s

‘000s

‘000s

Rates & Annual Charges

$90,789

$90,793

$91,165

User Charges & Fees

$29,097

$24,507

$13,236

Interest & Investment Revenue

$5,699

  $5,829

$4,835

Other Revenues

$8,561

$12,848

$9,176

Grants & Contributions provided for Operating Purposes

$21,641

$22,632

$10,992

 

 

 

 

RECURRENT REVENUE

$155,787

$156,609

$129,404

 

 

 

 

Recurrent Expenditure

 

 

 

Employee Benefits & Oncosts

$37,805

$37,768

$32,162

Borrowing Costs

$11,498

$11,498

$5,916

Materials & Contracts

$56,027

$61,097

$22,286

Depreciation & Amortisation

$44,767

$44,767

$29,845

 

 

 

 

2016/17 Original Budget 

2016/17 Revised Budget  

2016/17 Actuals  

Other Expenses

$12,236

$12,385

$4,734

 

 

 

 

RECURRENT EXPENDITURE

$162,333

$167,515

$94,943

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

($6,546)

  ($10,906)

$34,461

 

 

 

 

Capital Revenue

 

 

 

Capital Grants, Subsidies, Contributions and Donations

$23,191

$31,475

$3,825

 

 

 

 

CAPITAL REVENUE

$23,191

$31,475

$3,825

 

 

 

 

NET SURPLUS

$16,645

$20,569

$38,286

 

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

Carried

 

 

 

BS17/12          Restoration of Financial Assistance Grants Indexation

 

Executive Summary

In the 2014-15 Budget, the federal government implemented significant cuts to financial assistance grants (FAGs).

 

The budget put a freeze on the indexation of FAGs over three years (2014-15 to 2016-17); i.e. FAGs are not increased in line with CPI and population increases. The loss of indexation over the three year period means FAGs are to stay at $2.287 billion per annum nationally until and including 2016-17. Over the forward estimates (2014-15 to 2017-18) a total of $925 million will be lost in FAGs nationally.

 

The FAGs approved for Coffs Harbour City Council for 2016-17 total $6,957,535. Over the period of the three year indexation freeze it is estimated that Council has foregone in the order of $780,000 in grant income.

 

This report provides Council information on the local government sector ‘endthefreeze’ campaign to restore the indexation of FAGs by the federal government in the upcoming 2017-18 budget. It is recommended that Council continues to support the local government sector ‘endthefreeze‘ campaign through media channels, including social media; and letters to federal MPs supporting the restoration of indexation for FAGs in the 2017-18 federal budget.

 

2017/69

Resolved (Cr Sally Townley / Cr Jan Strom)

That Council continues to support the local government sector ‘endthefreeze‘ campaign through media channels, including social media; and letters to local federal MPs supporting the restoration of indexation for financial assistance grants (FAGs) in the 2017-18 federal government budget.

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

Carried

 

Directorate Reports - Sustainable Communities

Cr Amos declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 5.41pm.

 

SC17/16          Development Application No.0018/17 - Residential Flat Building (7 Units), Strata-Subdivision and Demolition of Existing Structures - Lot 3, Sec 48, DP 758258, 31 Camperdown Street, Coffs Harbour

 

Executive Summary

This report provides an assessment of Development Application 0018/17 for a Residential Flat Building (7 units), Strata-subdivision and demolition of existing structures at Lot 3, Sec 48 DP 758258, 31 Camperdown Street, Coffs Harbour.

At its meeting of 22 August 2013, Council adopted 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;

•        Substantial non-compliance with relevant strategic controls;

•        Significant land use;

•        Major environmental issue(s).

The application was advertised and notified to adjoining land owners.  A number of public submissions were received in response to notification of the application. Accordingly, this matter was reported to Council at its 9 February 2017 meeting, where the following resolution was made:

“That the matter be deferred subject to further consultation between parties and those parties include Council, the applicants and residents”.

This report outlines what has occurred following this resolution and recommends that the application, as originally reported, be approved subject to a number of conditions.

 

Motion

2017/70

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.    Refuse Development Application No. 0018/17 for a Residential Flat Building (7 units), strata-subdivision and demolition of existing structures at Lot 3, Sec 48, DP 758258, 31 Camperdown Street, Coffs Harbour on the following grounds:

1.1.  that it is inconsistent with the Coffs Harbour Local Environmental Plan 2013 in respect of building heights; and

1.2.  that it is inconsistent with the Coffs Harbour Development Control Plan 2015 in respect of setbacks.

2.    Recognise the desirability of having high quality higher density housing in the Jetty area, while having due regard for the principles of view sharing.

3.    Invite the applicant to consider submitting a revised development application which reduces the bulk of the proposed building and allows for greater view sharing.

For:         Crs Knight, Arkan, Strom, Swan and Townley

Against:  Crs Adendorff, Cecato and Rhoades

Carried

Cr Paul Amos returned to the meeting, the time being 6.18pm.

 

 

SC17/17          Draft MyCoffs Community Strategic Plan 

 

Executive Summary

A suite of integrated planning and reporting documents have been prepared in accordance with the Local Government Act 1993 and the Office of Local Government’s Integrated Planning and Reporting framework. These documents include the Draft Community Strategic Plan.

The Community Strategic Plan (CSP) is the Coffs Harbour local government area community's aspirations for Coffs Harbour over the next 10 years expressed through a Community Vision, and a series of Objectives and Strategies. The Local Government Act (Sections 402 and 406) provides for the exhibition of the Draft Community Strategic Plan for a minimum period of 28 days prior to adoption.

 

2017/71

Resolved (Cr Jan Strom / Cr Sally Townley)

That Council resolve to place the Draft Community Strategic Plan on 28 day public exhibition pursuant to Sections 402 and 406 of the Local Government Act 1993.

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

Carried

 

 

 

SC17/18          Draft 2017-2021 Delivery Program, Draft 2017/18 Operational Plan, Draft Delivery Program Budgets and draft 2017/18 Fees and Charges

 

Executive Summary

Council is required to prepare and adopt a Delivery Program (to cover a four-year period) and an Operational Plan for each financial year. These documents detail the principal activities and budgets that Council proposes to pursue to help implement the strategies and achieve the objectives set out in the MyCoffs Community Strategic Plan for the Coffs Harbour Local Government Area (LGA).

The Draft 2017-2021 Delivery Program and Draft 2017/18 Operational Plan are presented at this time for consideration. The documents incorporate Council’s Draft Division Budgets 2017-2021; and Draft Fees and Charges 2017/18 and have been significantly informed by an ongoing review of the Resourcing Strategy that addresses long-term financial, asset and workforce management.

The draft budget incorporates the ‘rate-pegging’ allowance of 1.5% approved for 2017/18 as well as a Council-imposed freeze on increases in water and sewer fees and charges. The 2017/18 budget result forecasts an estimated underlying deficit, that is; before capital revenue, of $7.248 million. This is comprised of estimated results of $0.1 million surplus for the General Fund, $2.735 million deficit for the Water Fund and $4.618 million deficit for the Sewer Fund.

This report recommends that the draft documents be placed on public exhibition for community feedback.

 

2017/72

Resolved (Cr Sally Townley / Cr Jan Strom)

That Council:

1.   Resolve to place the following documents on public exhibition:

1.1.    Draft 2017-2021 Delivery Program;

1.2.    Draft 2017/18 Operational Plan;

1.3.    Draft Delivery Program Budgets 2017-2021; and

1.4.    Draft Fees and Charges 2017/18.

2.       Note that the draft documents will be placed on public exhibition for a 28-day period from Monday, 1 May until close of business on Monday, 29 May 2017, and that the community will be encouraged to provide feedback on the documents during that time.

3.       Consider community submissions prior to adopting the final Delivery Program, Operational Plan, Delivery Program Budgets and Fees and Charges documents by 30 June 2017.

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

Carried

 

 

 

SC17/19          Rural Lands Strategy Update - Intensive Agriculture and Detached Dual Occupancies

 

Executive Summary

At the meeting of 24 November 2016, Council resolved to commence Phase 2 of the Rural Lands Strategy (RLS) Component of the Local Growth Management Strategy (LGMS) and appoint a Section 355 Agricultural Advisory Committee (AAC). Nominations have been received from the community for inclusion on the AAC. This report recommends the engagement of three (3) community members to the AAC. Council is also required to nominate two Councillors to the committee as per the Terms of Reference for the Section 355 AAC.

At the meeting of 23 March 2017, Council resolved (NOM17/05) to bring back a report reflecting the issues associated with intensive agriculture within the Coffs Harbour Local Government Area (LGA); while awaiting the completion of the RLS. The issue of intensive agriculture is captured within the final LGMS Rural Lands Issues and Options Paper 2017 (Attachment 1).

At the meeting of 23 March 2017, Council also resolved (2017/47) to undertake a partial review of Coffs Harbour Local Environmental Plan (LEP) 2013 and Development Control Plan 2015 as a matter of urgency with a view to possible inclusion of detached dual occupancies in the ‘permitted with consent’ part of the Land Use Table in the RU2 Rural Landscape Zone of the LEP. No additional budget was provided within the resolution to allow this work to be completed.

This report aims to provide an update on how best to deliver the RLS Component of the LGMS while expediting a review of the permissibility's for detached dual occupancies in the RU2 Rural Landscape Zone; within the confines of business as usual and limited budget and staffing for the Local Planning Section. Accordingly, this report recommends a budget commitment of $35,000 in the 2017/18 financial year to allow the detached dual occupancies Planning Proposal to be undertaken by a consultant as a separate item to the RLS, beginning from the 1 July 2017.

2017/73

Resolved (Cr John Arkan / Cr Michael Adendorff)

That Council:

1.       Appoint the following community representatives to the Section 355 Agricultural Advisory Committee and advise all applicants of Council’s resolution:

1.1.    Scott Wolgamott

1.2.    Gurmesh Singh; and

1.3.    Leigh Priestley.

2.       Nominate two Councillors to the Section 355 Agricultural Advisory Committee.

3.       Note the contents of the Coffs Harbour City Council Local Growth Management Strategy Rural Lands Issues and Options Paper 2017 (Attachment 1).

4.       Allocate $35,000 in funding in the 2017/18 final budget and delivery program to allow the detached dual occupancies Planning Proposal to be undertaken by a consultant from 1 July 2017.

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

Carried

The General Manager called for Councillor nominations for the Section 355 Agricultural Advisory Committee.

Cr Townley nominated Cr Strom and Cr Swan who both accepted the nominations.

 

SUPPLEMENTARY Motion

2017/74

Resolved (Cr Sally Townley / Cr George Cecato)

That Councillors Strom and Swan be appointed to the Section 355 Agricultural Advisory Committee.

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

Carried

 

The General Manager left the meeting, the time being 6.27pm, the Director Sustainable Infrastructure took his chair during his absence.

 

 

SC17/20          Planning Proposal to Rezone Land on Lots 371 & 372 DP 1026829 97 Pacific Street, Corindi Beach

 

Executive Summary

The purpose of this report is to present a proponent-led Planning Proposal (PP) to Council that seeks to rezone rural land under Coffs Harbour Local Environmental Plan (LEP) 2013 to enable low density residential development, tourist residential development (a motel) and an expanded business development at 97 Pacific Street Corindi Beach (Lots 371 & 372, DP 1026829).  These land uses are currently prohibited in the RU2 Rural Landscape zone under Coffs Harbour LEP 2013.

97 Pacific Street is one of the last remaining large greenfield sites in the coastal village of Corindi Beach. It is included in the growth area footprint of Council’s Local Growth Management Strategy Urban Lands Component 2008 and the North Coast Regional Plan 2017. It is recommended that Council proceeds with a PP that rezones the site from a RU2 Rural Landscape zone and B1 Neighbourhood Centre zone to a part R1 General Residential zone, part R2 Low Density Residential zone and part B1 Neighbourhood Centre zone.

This involves seeking a Gateway Determination from NSW Planning and Environment (NSW P&E) to allow Council to place the PP (Attachment 1) on public exhibition.  It is also recommended that Council considers the outcome of the exhibition in a future Council report. 

 

2017/75

Resolved (Cr Jan Strom / Cr Michael Adendorff)

That Council:

1.       Endorse and forward a Planning Proposal (Attachment 1) to rezone land on Lots 371 & 372 DP 1026829 97 Pacific Street Corindi Beach, to NSW Planning and Environment seeking a “Gateway Determination”.

2.       Request that the Secretary of NSW Planning and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 59 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 NSW Planning and Environment.

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

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

Carried

 

Directorate Reports - Sustainable Infrastructure

 

SI17/08           Traffic Committee Process

 

EXECUTIVE SUMMARY

It is proposed that Council delegate approval of minor Local Traffic Committee (LTC) recommendations to the General Manager to increase efficiency and timely response to requests for regulatory signs and lines. Major items will continue to be submitted to Council for their approval.  LTC may also nominate minor items for Councillor approval at their discretion. The LTC report will list major items for Council approval and minor items for Council for noting.

 

2017/76

Resolved (Cr Tegan Swan / Cr Paul Amos)

That Council:

1.       Delegate authority to the General Manager to approve Minor Recommendations from the Local Traffic Committee.

2.       Note that all Major Recommendations, and any Nominated Minor Recommendations from the Local traffic Committee will continue to be reported to Council for resolution.

3.       Note that all Minor Recommendations approved under the delegation will be reported to Council for note.

4.       That the traffic committee minutes continue to be reported to Council.

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

Carried

 

The General Manager returned to the meeting, the time being 6.29pm.

 

 

SI17/09           Acquisition of Easement to Drain Water - 4 Beach Street and 5 Hastings Street, Woolgoolga

 

Executive Summary

An agreement has been reached with two property owners at Woolgoolga in which Council will pipe an open drainage channel in exchange for being granted a formal easement for drainage of water over the completed works. Currently an unacceptable situation exists with an open drainage channel flowing diagonally across properties located at No 4 Beach Street and No 5 Hastings Street, Woolgoolga. The open drain receives channelled and concentrated water from Council’s existing road system. However as an open drain it provides a poor outcome in terms of community safety and ongoing erosion issues that may with time adversely affect Council infrastructure. Council officers have agreed to complete the works in a more suitable location on the properties on the basis the works and easement creation costs are paid for by Council and both owners agree to the proposal.

 

2017/77

Resolved (Cr Jan Strom / Cr John Arkan)

That Council:

1.       Acquire an easement 3 metres wide for Drainage of Water over 4 Beach Street and 5 Hastings Street, Woolgoolga as shown in the location on the plan attached to this report.

2.       Pay all costs associated with creating the easements.

3.       As compensation for the grant of the easements construct a new piped drainage system on each of the properties affected as shown on the plan attached to this report.

4.       Execute all documents necessary to facilitate the matter under the common seal of Council.

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

Carried

Trust Reports

 

T17/08 TRUST REPORT - Update on Former Deep Sea Fishing Club Site

 

EXECUTIVE SUMMARY

This report provides an update on the former Deep Sea Fishing Club Site following the liquidation of the Coffs Harbour Deep Sea Fishing Club Limited and disclaiming of the lease by the liquidator.

Consultation has been ongoing with the Department of Industry – Lands at ministerial level to ensure as much as possible that a consistent approach is taken to advancing possible future use of the site in both the short and long term.

This report summarises recent activities, current issues and explores a range of options for progressing future use and/or development of the site consistent with the current Jetty Foreshores Plan of Management and broader strategic considerations for the area by the whole of government Jetty Foreshores Precinct Project Control Group.

The report recommends that the Trust approve the development of an Expression of Interest (EOI) for short-term use (up to three years) and the drafting of an EOI for long-term use and/or development of the expanded site.

 

2017/78

Resolved (Cr Paul Amos / Cr John Arkan)

That Council as Corporate Manager of the Coffs Coast State Park Trust:

1.   Note the activities undertaken on the site since the disclaiming of the previous lease;

2.   Approve the drafting and content of an Expression of Interest (EOI) for short-term use (up to three years) of the existing facility;

3.   Approve the drafting of an EOI for long-term use and/or development of the expanded site that will be subject to a further report to the Trust; and

4.   After assessing the potential applicants for a short term lease on the former Coffs Harbour Deep Sea Fishing Club site, Council staff present a shortlist of lease applicants to full Council for assessment.  This acknowledges the high level of public interest for the future of the site and allows assessment in line with the community expectations for this site.

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

Carried

 

 

 

T17/09 TRUST REPORT - Relocation of Marine Rescue Woolgoolga to Arrawarra Headland Facility - Progress Report

 

Executive Summary

In accordance with Council’s resolution 2017/3 at its meeting held on 9 February 2017, progress reports are provided to each Council meeting on the relocation of Marine Rescue Woolgoolga to Arrawarra Headland.

 

2017/79

Resolved (Cr Jan Strom / Cr Tegan Swan)

That Council, as Corporate Manager of the Coffs Coast State Park Trust, note the progress report.

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

Carried

 

 

REQUESTS FOR LEAVE OF ABSENCE

No requests for leave of absence

 

QUESTIONS ON NOTICE

No questions on notice

 

Matters of an Urgent Nature

Nil

 

Close of Meeting

The Meeting closed at 6.47pm.

 

Confirmed:  11 May 2017

 

 

 

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

Denise Knight

Mayor