Ordinary Council Meeting Minutes                                                         8 March 2018

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON
Thursday, 8 March 2018 AT 5.00pm

 

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

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

Leave of Absence  Cr Denise Knight

Opening of Ordinary Meeting

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

The Acting Mayor advised that Cr Swan was nominated in the Minister’s Award for 2018 Women in Local Government and yesterday was declared the winner in the category Elected Representative from a Rural or Regional Council – congratulations to Cr Swan.

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Keith Rhoades

SC18/04 Planning Proposal to Permit Dual Occupancy (Detached) Development in the RU2 Rural Landscape Zone – Post Exhibition

Non-Pecuniary - Less Than Significant Conflict as he owns land that is currently zoned RU2.

 

Apologies

2018/41

Resolved (Cr John Arkan / Cr Sally Townley)

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

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

Carried

Public Addresses

No public addresses.

 

Public forum

No public forums

 

Mayoral Actions Under Delegated Authority

No Mayoral actions under delegated authority.

 

Confirmation of Minutes

2018/42

Resolved (Cr John Arkan / Cr Jan Strom)

That the minutes of the Ordinary Meeting held on 22 February 2018 be confirmed.

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

Carried

 

General Manager's Reports

 

GM18/04         Council Policies

 

Executive Summary

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.  This report presents one policy for council adoption.

A new (Environmental Levy) EL policy is now presented for Council’s consideration. The purpose of this policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program. Adoption of the EL Policy will provide guidance for the preparation of the guidelines and enable the panel described in the policy to be recruited.

The new EL policy articulates key points of Council’s resolved position following the EL Program Review process, which was carried out through much of 2017.  The review process included significant consultation with stakeholders, including interviews with members of the committee, Council officers and several grant applicants/recipients, workshops with Council and the committee, and opportunities for feedback.

2018/43

Resolved (Cr Sally Townley / Cr Jan Strom)

That the new Environmental Levy Policy is placed on public exhibition for 21 days.

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

Carried

 

 

 

GM18/05         Council Committees - Appointment of Members and Approval of Terms of References

 

Executive Summary

Both nominations for Council Committees and Committee Terms of Reference (ToR) require approval by Council.  This report is seeking Council endorsement of committee nominations

 

Motion (Cr Keith Rhoades / Cr John Arkan)

That Council:

1.        Appoints:

1.1.    Monique McCaskill to the Lowanna Community Hall Management Committee.

1.2.    Shalla Thomas to the Disability Inclusion and Access Advisory Committee.

1.3.    Wayne Nagle to the Disability Inclusion and Access Advisory Committee.

2.        Appoint Paul Shoker to the Agricultural Advisory Committee, noting this will increase the community representatives from three to four.

 

Amendment

 

(Cr Paul Amos

That Council:

1.        Appoints:

1.1.     Monique McCaskill to the Lowanna Community Hall Management Committee

1.2.     Shalla Thomas to the Disability Inclusion and Access Advisory Committee

1.3.     Wayne Nagle to the Disability Inclusion and Access Advisory Committee

2.        Appoint Paul Shoker to the Agricultural Advisory Committee with an observer capacity.

Amendment Withdrawn

 

Amendment

 

(Cr Jan Strom / Cr Sally Townley)

That Council:

1.        Appoints:

1.1.     Monique McCaskill to the Lowanna Community Hall Management Committee

1.2.     Shalla Thomas to the Disability Inclusion and Access Advisory Committee

1.3.     Wayne Nagle to the Disability Inclusion and Access Advisory Committee

2.        Accept the Agricultural Advisory Committee’s recommendation to increase the number of community members from three to four, and that the Terms of Reference be reviewed accordingly and that Expressions of Interest be called.

For:         Crs Amos, Strom and Townley

Against:  Crs Adendorff, Arkan, Cecato and Rhoades

The AMENDMENT on being put the meeting was LOST.

2018/44

Resolved (Cr Keith Rhoades / Cr John Arkan)

That Council:

1.        Appoints:

1.1.     Monique McCaskill to the Lowanna Community Hall Management Committee.

1.2.     Shalla Thomas to the Disability Inclusion and Access Advisory Committee.

1.3.     Wayne Nagle to the Disability Inclusion and Access Advisory Committee.

2.        Appoint Paul Shoker to the Agricultural Advisory Committee, noting this will increase the community representatives from three to four.

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

Against:  Crs Strom and Townley

Carried

 

 

Directorate Reports - Business Services

 

BS18/09          Australasian Local Government Performance Excellence Program FY2017 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 136 Councils, 60 from New South Wales, 27 from New Zealand, 17 from South Australia, 31 from Western Australia and 1 from Queensland.  Like Coffs Harbour City Council, 65% of the participants are Councils with resident populations between 10,000 and 100,000, and 40% are classified as Regional Councils.

 

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program and 2017 represents Council’s second year of participation.

 

This report presents to Council the 2016-17 Performance Excellence Report for Coffs Harbour City Council.  The results of the program will continue to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

 

2018/45

Resolved (Cr Sally Townley / Cr Jan Strom)

That Council note the report.

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

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC18/09          Planning Proposal to Permit Dual Occupancy (Detached) Development in the RU2 Rural Landscape Zone – Post Exhibition

 

Executive Summary

At its Ordinary Meeting of 12 October 2017, Council resolved to support a Planning Proposal (PP) to modify Coffs Harbour Local Environmental Plan (LEP) 2013 to allow dual occupancies (detached) with development consent in the RU2 Rural Landscape (RU2) zone. Council also agreed at the same meeting to make corresponding changes to Coffs Harbour Development Control Plan (DCP) 2015 to provide guidance about what needs to be addressed in future development applications.

This report informs Council of the outcome of the exhibition of the PP (PP_2017_Coffs_004_00) and draft DCP amendments. It provides Council with a revised planning proposal (Attachment 1), revised draft DCP amendments (Attachment 2) and a summary of submissions received (Attachment 3).

In response to submissions, it is recommended that Council amend one of the numerical standards contained in the PP and corresponding draft DCP and clarify the circumstances in which a dual occupancy (detached) would be a permitted rural use. It is further recommended that Council seek a revised Gateway determination from the NSW Department of Planning and Environment (DPE) and then re-exhibit the revised PP and draft DCP amendments to provide the community a further opportunity to comment.  Following the second public exhibition this matter will be brought back to Council with an overview of submissions. All parties who made submissions to the PP and draft DCP to date will be informed of Council’s decision and the re-exhibition of the revised documents.

 

Motion (Cr John Arkan / Cr Michael Adendorff)

That Council:

1.        Subject to amendments to remove any 50 metre buffer from the boundary requirement, endorse revised Planning Proposal PP_2017_COFFS_004_00 to Permit Dual Occupancy (detached) in the RU2 Rural Landscape zone (Attachment 1) and forward it to NSW Planning and Environment seeking a revised Gateway Determination.

2.        Subject to the revised Gateway Determination from NSW Planning and Environment, place the revised Planning Proposal on public exhibition and undertake a repeat of government agency consultation.

3.        Subject to the revised Gateway Determination from NSW Planning and Environment, place revised Draft Coffs Harbour Development Control Plan 2015 – Amendment No 4 (Dual Occupancy - detached) (Attachment 2) on public exhibition with the revised Planning Proposal.

4.        Inform all parties who made submissions to PP_2017_COFFS_004_00 of Council’s decision.

5.        Note that a further report will be brought back to Council for consideration of any submissions following re-exhibition of the revised documents.

 

Amendment

 

(Cr Paul Amos

That Council:

1.        Endorse revised Planning Proposal PP_2017_COFFS_004_00 to Permit Dual Occupancy (detached) in the RU2 Rural Landscape zone (Attachment 1) and forward it to NSW Planning and Environment seeking a revised Gateway Determination.

2.        Subject to the revised Gateway Determination from NSW Planning and Environment, place the revised Planning Proposal on public exhibition and undertake a repeat of government agency consultation.

3.        Subject to the revised Gateway Determination from NSW Planning and Environment, place revised Draft Coffs Harbour Development Control Plan 2015 – Amendment No 4 (Dual Occupancy - detached) (Attachment 2) on public exhibition with the revised Planning Proposal.

4.        Inform all parties who made submissions to PP_2017_COFFS_004_00 of Council’s decision.

5.        Incorporate into the draft DCP provisions that the detached dwelling be limited to no more than 5 bedrooms.

6.        That the revised Planning Proposal note that there is an expectation that there will be detached dwellings that may be used for share market purposes i.e. short term holiday letting.

7.        Note that a further report will be brought back to Council for consideration of any submissions following re-exhibition of the revised documents.

Amendment Withdrawn

 

At 5.50pm, Councillor Strom left the meeting, returning at 5.51pm.

 

Amendment

 

(Cr Michael Adendorff

That Council:

1.        Subject to amendments to remove any 50 metre requirement, endorse revised Planning Proposal PP_2017_COFFS_004_00 to Permit Dual Occupancy (detached) in the RU2 Rural Landscape zone (Attachment 1) and forward it to NSW Planning and Environment seeking a revised Gateway Determination.

2.        Subject to the revised Gateway Determination from NSW Planning and Environment, place the revised Planning Proposal on public exhibition and undertake a repeat of government agency consultation.

3.        Subject to the revised Gateway Determination from NSW Planning and Environment, place revised Draft Coffs Harbour Development Control Plan 2015 – Amendment No 4 (Dual Occupancy - detached) (Attachment 2) on public exhibition with the revised Planning Proposal.

4.        Inform all parties who made submissions to PP_2017_COFFS_004_00 of Council’s decision.

5.        Note that a further report will be brought back to Council for consideration of any submissions following re-exhibition of the revised documents.

Amendment Withdrawn

 

At 6.14pm, the General Manager left the meeting, returning at 6.16pm.

 

Amendment

 

(Cr Paul Amos / Cr Sally Townley)

That Council:

1.        Subject to amendments to remove any 50 metre buffer from the boundary requirement, endorse revised Planning Proposal PP_2017_COFFS_004_00 to Permit Dual Occupancy (detached) in the RU2 Rural Landscape zone (Attachment 1) and forward it to NSW Planning and Environment seeking a revised Gateway Determination.

2.        Subject to the revised Gateway Determination from NSW Planning and Environment, place the revised Planning Proposal on public exhibition and undertake a repeat of government agency consultation.

3.        Subject to the revised Gateway Determination from NSW Planning and Environment, place revised Draft Coffs Harbour Development Control Plan 2015 – Amendment No 4 (Dual Occupancy - detached) (Attachment 2) on public exhibition with the revised Planning Proposal.

4.        Inform all parties who made submissions to PP_2017_COFFS_004_00 of Council’s decision.

5.        Note that a further report will be brought back to Council for consideration of any submissions following re-exhibition of the revised documents.

6.        That the Planning Proposal has no limitations to the number of bedrooms for a dwelling.

For:         Crs Amos and Townley

Against:    Crs Adendorff, Arkan, Cecato, Rhoades and Strom

The AMENDMENT on being put the meeting was LOST.

2018/46

Resolved (Cr John Arkan / Cr Michael Adendorff)

That Council:

1.        Subject to amendments to remove any 50 metre buffer from the boundary requirement, endorse revised Planning Proposal PP_2017_COFFS_004_00 to Permit Dual Occupancy (detached) in the RU2 Rural Landscape zone (Attachment 1) and forward it to NSW Planning and Environment seeking a revised Gateway Determination.

2.        Subject to the revised Gateway Determination from NSW Planning and Environment, place the revised Planning Proposal on public exhibition and undertake a repeat of government agency consultation.

3.        Subject to the revised Gateway Determination from NSW Planning and Environment, place revised Draft Coffs Harbour Development Control Plan 2015 – Amendment No 4 (Dual Occupancy - detached) (Attachment 2) on public exhibition with the revised Planning Proposal.

4.        Inform all parties who made submissions to PP_2017_COFFS_004_00 of Council’s decision.

5.        Note that a further report will be brought back to Council for consideration of any submissions following re-exhibition of the revised documents.

For:         Crs Adendorff, Arkan, Cecato, Rhoades and Strom

Against:    Crs Amos and Townley

Carried

 

 

 

SC18/10          Coffs Harbour Development Control Plan 2015 - Amendment No. 2 (Housekeeping 2) - Post Exhibition

 

Executive Summary

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 21 October 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). The first performance (housekeeping) review of DCP 2015 was undertaken in 2017 and took effect on 22 November 2017.

On 7 December 2017, Council resolved to undertake a second housekeeping review - Coffs Harbour Development Control Plan 2015 – Amendment No. 2 (Housekeeping 2). The proposed amendment also sought to address a Notice of Motion (NOM 17/15) from September 2017, which requested a review of shed/ancillary development sizes within residential zones.

The purpose of this report is to bring the draft DCP housekeeping amendment back to Council following its public exhibition from 13 December 2017 to 16 February 2018. No submissions were received during the exhibition period. This report seeks Council’s adoption of the amendments to DCP 2015 (Attachment 1) following public exhibition.

2018/47

Resolved (Cr Jan Strom / Cr Michael Adendorff)

That Council adopt Coffs Harbour Development Control Plan 2015 – Amendment No. 2 (Housekeeping 2) (Attachment 1).

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

Carried

 

 

Directorate Reports - Sustainable Infrastructure

 

SI18/07           Amendment to Alcohol Free Areas in Woolgoolga CBD for Eat Street Events

 

Executive Summary

Following a very successful “Eat Street” event in Market Street, Woolgoolga in September 2017 during the Curryfest celebrations, the organisers wish to hold three similar events during the course of 2018, including as part of this year’s Curryfest. The proposed dates are:

1.       Saturday 14th April 2018 from 3pm – 10pm

2.       Saturday 14th July 2018 from 3pm – 10pm

3.       Saturday 6th October 2018 from 2pm – midnight following the Curryfest on 29th September 2018.

The event involves a number of mobile vendors in Market Street complementing the permanent dining venues showcasing craft beer, cider and wine products. Stall holders will be permitted to sell alcohol to patrons within the fenced event area.

Market Street is currently an Alcohol Free Zone (AFZ). Section 645 of the Local Government (LG) Act provides for Council, by resolution, to allow the temporary suspension of AFZs for specific periods or events.  The LG Act and Ministerial Guidelines on Alcohol Free Zones (February 2009) provide a specific procedure which must be followed in relation to suspending AFZs, and this includes a requirement to seek Council’s endorsement as well as Police approval.

 

2018/48

Resolved (Cr Jan Strom / Cr John Arkan)

That Council approve the temporary suspension of the Market Street, Woolgoolga Alcohol Free Zone between Nightingale Street and Queen Street, on:

1.       Saturday 14th April 2018 from 3pm – 10pm

2.       Saturday 14th July 2018 from 3pm – 10pm

3.       Saturday 6th October 2018 from 2pm – midnight following the Curryfest on 29th September 2018

These suspensions are pursuant to the provisions of Section 645 of the Local Government Act 1993.

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

Carried

 

 

SI18/08           Selection of Significant Projects

 

Executive Summary

Council has requested, via the Executive Performance Process that the organisation provide:

Four (4) Spade Ready projects which could be pursued if suitable funding

opportunities become available, such that these projects can be

presented to Council for review.”

In accordance with Council’s instruction, this report provides a selection of potential projects which are consistent with Council’s instruction, and requests Council’s input in order to identify the 4 (four) Projects which will be accelerated to Shovel Ready Status.

The body of this report provides individual analyses of seven Projects including the strength of their individual alignments with potential funding streams, and their alignment with existing Delivery Program documents.

For the purposes of documenting a Recommendation, and based solely upon staff review, the Report provides four particular Projects from the wider list as the most appropriate for selection.

 

Motion (Cr Paul Amos / Cr Jan Strom)

This motion be deferred until the report referred to in the unanimously supported Notice of Motion detailed below has been presented to Council and the Coffs Creek Remediation be presented as one of the costed "priority", spade ready projects.

Council resolution NOM 17/3 of 23rd February 2017:

That Council receive a report for the remediation of Coffs Creek as a matter of priority that addresses the following aspects:

1.   Consideration of the actions identified in the adopted Coffs Creek Estuary Coastal Zone Management Plan in the context of how these actions can achieve long term solutions to issues relating to low water depth, poor water quality and poor water flow and other related matters;

2.   Consideration of funding options associated with the development of an implementation plan, such that ideally Council has a “spade ready” plan for remediation works available by January 2018, thus enabling inclusion in Council’s future Delivery Program;

3.   Ideally, the implementation plan will provide increased opportunities for recreational water activities and must provide solutions that are environmentally responsible, sustainable and utilise modern engineering solutions.

CARRIED unanimously”

Motion Withdrawn

 

At 6.32pm, Councillor Arkan left the meeting, returning at 6.35pm.

 

Motion

 

(Cr Keith Rhoades / Cr Michael Adendorff)

That Council:

1.         Endorse the development of the following four potential projects to ‘Shovel Ready Status’:

1.1.     J4S Stages 5&6

1.2.     Brelsford Park Masterplan Works

1.3.     North Coast Regional Botanic Garden Glasshouse

1.4.     Jetty Theatre rehearsal space

2.         Note the Estimated Project Development Costs to bring each of the four projects to “Shovel Ready Status”.

3.         If necessary, receive a future report via the Quarterly Budget Review process to operationalise the Estimated Project Development Costs.

 

Amendment

 

(Cr John Arkan

That Council:

1.         Endorse the development of the following four potential projects to ‘Shovel Ready Status’:

1.1.     J4S Stages 5&6

1.2.     Brelsford Park Masterplan Works

1.3.     North Coast Regional Botanic Garden Glasshouse

1.4.     Jetty Theatre rehearsal space

2.         Note the addition of the remediation of Coffs Creek will be included to the seven projects

3.         Note the Estimated Project Development Costs to bring each of the four projects to “Shovel Ready Status”.

4.         If necessary, receive a future report via the Quarterly Budget Review process to operationalise the Estimated Project Development Costs.

Amendment Withdrawn

 

Amendment

 

(Cr Sally Townley / Cr Jan Strom)

That a workshop is held at which Councillors have opportunity to discuss a wide range of potential projects and that forum will be used to prioritise projects for the purpose of being ready for grant applications.

 

Motion put

2018/49

Resolved (Cr Keith Rhoades / Cr Michael Adendorff)

That the motion be put.

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

Against:  Crs Arkan and Townley

Carried

2018/50

Resolved (Cr Sally Townley / Cr Jan Strom)

That a workshop is held at which Councillors have opportunity to discuss a wide range of potential projects and that forum will be used to prioritise projects for the purpose of being ready for grant applications.

For:         Crs Amos, Arkan, Strom and Townley

Against:  Crs Adendorff, Cecato and Rhoades

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

For:         Crs Amos, Arkan, Strom and Townley

Against:  Crs Adendorff, Cecato and Rhoades

Carried

 

REQUESTS FOR LEAVE OF ABSENCE

No requests for leave of absence.

 

questions on notice

No questions on notice.

 

Matters of an Urgent Nature

 

MUN18/02      Middle Creek / CHINAMAN’S CREEK Flooding

 

Cr Keith Rhoades advised that in the last couple of days there has been in excess of 150ml of rain in very short period of time and the same problem again at Middle Creek, Chinaman’s Creek Sawtell of the potential inundation of private dwellings, when is the report coming back to Council that was requested by a Notice of Motion late last year.

The matter was taken on notice.

 

Close of Meeting

The Meeting closed at 7.35PM.

 

Confirmed:  22 March 2018

 

 

 

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

George Cecato

Acting Mayor