Ordinary Council Meeting Minutes                                               11 October 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, 11 October 2018 AT 5.00pm

 

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

 

Opening of Ordinary Meeting

The meeting commenced at 5.00pm with the Deputy Mayor, Cr T Swan 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 live audio streamed, and that no other recordings of the meeting would be permitted.

 

Disclosure of Interest

No disclosures of interest.

 

Apologies

No apologies.

 

LEAVE OF ABSENCE

2018/220

Resolved (Cr John Arkan / Cr Sally Townley)

That leave of absence as requested from Councillor Knight be approved.

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

Carried

 

Public Addresses

No public addresses.

 

Public forum

No public forum.

 

Mayoral Actions Under Delegated Authority

No Mayoral actions under delegated authority.

 

Confirmation of Minutes

2018/221

Resolved (Cr Sally Townley / Cr John Arkan)

That the minutes of the Ordinary Meeting held on 27 September 2018 be confirmed.

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

Carried

 

 

 

 

General Manager's Reports

 

GM18/29         2017 Disclosure of Interest by Councillors and Designated Persons

 

Executive Summary

Section 449(3) of the Local Government Act 1993 requires Councillors (and designated persons) who hold that position on 30 June in each year to lodge a “Disclosures by Councillors and Designated Persons Return”.  All Councillors who held office at 30 June and designated persons, should have lodged such a return with their General Managers by 30 September 2018.  Under the Act, these returns are to be tabled at the first Council meeting following the last day for lodgement.

 

 

 

2018/222

Resolved (Cr Paul Amos / Cr Sally Townley)

That Council note the Register of Disclosures by Councillors and designated persons for the period July 2017 – June 2018, as tabled.

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

Carried

 

 

 

Directorate Reports - Business Services

 

BS18/55          Environmental Levy Project Report to 30 June 2018

 

Executive Summary

The Environmental Levy (EL) Program continues to be delivered with a new Environmental Levy Policy adopted by Council 10 May 2018 and introduced for the 2018/19 EL Program.  The EL Program funds environmental projects that would not otherwise be undertaken within Council’s general budget funding.

 

This report provides a status update to 30 June 2018 on the projects funded under the 2017/18 Program.  Two projects continue into the current financial year and the report contains recommendations regarding revotes for these projects.  There were 20 completed projects in 2017/18 year with no remaining funds to be revoted to the current financial year.

 

2018/223

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.       Notes the status of Environmental Levy projects as at 30 June 2018 as outlined in the report.

2.       Approves the recommendations identified within the report for Environmental Levy projects to be returned to the Environmental Levy Reserve as follows:

 

Project                                                                                                        Surplus Funds

Environmental Levy Coordination                                                              $        14,875.86

Matching Grant Funding Pool                                                                    $        24,867.00

Conservation and Sustainable Management of Biodiversity                     $        40,236.19

Sustainable Living and Community Program                                            $        24,841.50

Flying Fox Camps Management Plan                                                       $             803.76

A Sustainable Living Showcase                                                                 $             691.45

Improving Diversity within Council Bushland Reserves                            $        (1,705.05)

Environmental Weed Control                                                                     $          7,893.62

Woolgoolga Beach Rehabilitation Project                                                  $          4,619.50

Projects with balances under $10                                                              $                 2.62

 

Total Funds Returned to EL Reserve                                                         $      117,126.45

 

3.       Approves the recommendations identified within the report for Environmental Levy projects to be revoted and summarised as follows:

Project                                                                                         EL        Grants/Revenue

Arrawarra Creek Coastal Zone Management Plan              $   9,152.12          $ 27,456.35

Oceanview Headland Access and Rehabilitation                 $   3,372.55          $ 37,097.00

 

Total                                                                                       $ 12,524.67          $ 64,553.35

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

Carried

 

 

 

 

BS18/56          Review of the Draft North Coast Regional Botanic Garden Strategic Plan

 

Executive Summary

The current strategic document for the North Coast Regional Botanic Garden (NCRBG) is the NCRBG Management Strategy 1997 (Attachment 1).  In recent years the key issues of establishing formal tenure for the Friends of the NCRBG Inc. and establishing clear governance and financial arrangements have been identified; hence the requirement for a new contemporary strategic plan.

 

When Council last considered this matter in December 2016, Council resolved to form an Advisory Committee and to receive a further report following the completion of the Advisory Committee’s body of work to review and endorse the draft strategic plan and to develop a list of priorities for action.

 

As a result of the work of the committee a new draft NCRBG Strategic Plan 2018-2023 (Attachment 4) has been coordinated by the Chair of the committee, with input and feedback from committee members. This draft strategic plan is now presented to Council. It is recommended that Council write to each member of the Advisory Committee thanking them for their contribution and advice.

 

However, the process for developing a strategic plan has now been superseded by legislative change. Since the review of the draft Muller strategic plan was requested by Council, the Crown Land Management Act 2016 commenced operation from 1 July 2018.  This change now precipitates the need for a new Plan of Management covering the NCRBG to be written under the Local Government Act 1993 within the next three years.  This Plan of Management will fulfil the purpose of the draft strategic plan.

 

It is therefore recommended that the draft NCRBG Strategic Plan 2018-2023 be noted and for it to be used as a valuable input document to the new Plan of Management.  To facilitate this and to continue engagement with the Friends of the NCRBG Inc.  Council staff will provide a briefing to the Friends on the process and requirements for a Plan of Management under the Local Government Act 1993.

 

Finally, on 14 June 2018 Council resolved to investigate the possibility of a bridge connecting the showground to the NCRBG.  The construction of a pedestrian footbridge connecting the Coffs Harbour Showground to the NCRBG has the potential to deliver positive outcomes for the community and users of both facilities, particularly for large community or commercial events within the NCRBG.  It is proposed that this matter be considered further through the preparation and consultation process to be undertaken for the new Plan of Management.

 

2018/224

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council

 

1.      Endorse the draft North Coast Regional Botanic Garden Strategic Plan 2018-2023 and place it on public exhibition for a period of 28 days.

2.      Use the Strategic Plan as the basis for the new Plan of Management, notwithstanding other statutory requirements.

3.      That a new Advisory Committee be formed and that this committee will have input into the new Plan of Management.

Carried

 

Amendment

 

Motion (Cr John Arkan / Cr Keith Rhoades)

That Council:

1.       Note the draft North Coast Regional Botanic Garden Strategic Plan 2018-2023 (Attachment 4).

2.       Note the requirement to prepare a new Plan of Management for the North Coast Regional Botanic Garden under the Local Government Act 1993, for which the draft North Coast Regional Botanic Garden Strategic Plan 2018-2023 will be used as a valuable input document.

3.       Note that Council staff will provide a briefing to the Friends of the North Coast Regional Botanic Garden Inc. on the process and requirements for a Plan of Management under the Local Government Act 1993.

4.       Write to each of the North Coast Regional Botanic Garden Advisory Committee members to thank them for their contribution and advice in developing the draft North Coast Regional Botanic Garden Strategic Plan 2018-2023.

5.       Note that consideration of a pedestrian footbridge connecting the Coffs Harbour Showground to the North Coast Regional Botanic Garden will occur through preparation and consultation process to be undertaken for the new Plan of Management.

 

For:         Crs Arkan, Cecato and Rhoades

Against:  Crs Adendorff, Amos, Swan and Townley

 

The AMENDMENT on being put to the meeting was LOST.

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

 


 

 

BS18/57          Leasing and Licensing Policy for Community Organisations

 

Executive Summary

The Council Property Strategy 2018-2021, adopted in March 2018, identified areas where improvement work was required on the leasing or licencing of property to community users.  This work has now been undertaken and has resulted in the provision of a draft Leasing and Licensing Policy for Community Organisations (Attachment 1), a draft Guideline for Assessment of Rental for Community Tenants (Attachment 2) and a draft Guideline for Conditions of Tenure for Community Organisations (Attachment 3) for consideration and public exhibition.

 

Under the draft Policy and Guidelines rental assessments are recommended to be calculated taking into account market valuation, type of entity and tenant’s capacity to pay.  The impact of this assessment will also allow for the effective measurement of Council’s contribution to community providers through the provision of subsidised rental.

 

The draft Policy and Guidelines provide for the first time a transparent and equitable process to be applied across all of the Coffs Harbour community.

 

2018/225

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.       Endorse the draft Leasing and Licensing Policy for Community Organisations (Attachment 1), the draft Guideline for Assessment of Rental for Community Tenants (Attachment 2) and the draft Guideline for Conditions of Tenure for Community Organisations (Attachment 3) to be placed on public exhibition for a period of 28 days.

2.       Write to all existing community tenants of Council facilities advising them of the draft documents on public exhibition.

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

Carried

 

 

 

 

BS18/58          Permanent road closure and sale of land - Bruxner Park Road, Korora

 

Executive Summary

Council recently received a formal road closure application for a small section of road reserve adjoining 199 Bruxner Park Road, Korora (Lot 1 DP 1162343).  The area of road proposed to be closed comprises approximately 389 square metres, upon which is constructed an old banana shed and surrounding concrete hardstand.  The adjoining owners who have made the application have agreed to purchase the land resulting from the closure and consolidate it with their land on the basis they are responsible for all costs.  The road reserve affected is surplus to current and future Council requirements.

 

2018/226

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

1.       Agree to close that section of Bruxner Park Road detailed in this report being an area of approximately 389 square metres adjoining 199 Bruxner Park Road, Korora (Lot 1 DP 1162343).

2.       Agree to accept an amount of $5,000 inclusive of GST as payment from the applicant in regard to the purchase of the land that results from the closure.

3.       Agree that all costs associated with this matter are to be the responsibility of the applicant.

4.       Require that as part of the closure the applicant consolidate the land created from the road closure with their adjoining land at 199 Bruxner Park Road, Korora (Lot 1 DP 1162343).

5.       Require that the applicant create appropriate easements in favour of Essential Energy for existing power lines that impact on the road proposed to be closed.

6.       Classify the land resulting from the closure of the road as operational land under the provisions of the Local Government Act 1993.

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

Carried

 

 

 

 

BS18/59          Coffs Coast State Park Trust Certification of Annual Financial Statements 2017/18

 

Executive Summary

Draft annual Financial Statements are required to be certified to meet legislative requirements in relation to the completion and audit of the Coffs Coast State Park Trust annual Financial Statements for 2017/18.

 

2018/227

Resolved (Cr Paul Amos / Cr George Cecato)

That Council, as Crown Land Manager, approve the the 2017/18 Coffs Coast State Park Trust Special Purpose Financial Statements – Declaration by Manager of the Trust form for completion by the designated signatories.

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

Carried

 

 

 

Directorate Reports - Sustainable Communities

 

SC18/37          Impact of NSW State Government Budget on Coffs Harbour Library Service and Renew Our Libraries Advocacy Initiative

 

Executive Summary

This report responds to the notice of motion NOM18/13 passed at the 12 July 2018 Council meeting relating to the possible impacts of the 2018/19 NSW State budget on the Coffs City Council library service 2018/19 budgets and forward estimates.

 

The 2018/19 NSW State budget included a 18% decrease of funding available for the 368 public libraries across NSW.  However, on 24th August 2018, a $60 million new funding commitment was announced by the NSW State Government.  The budget implications for the Coffs Harbour City Council library service of both the 2018/19 NSW State budget and the subsequent new funding commitment from the NSW State Government is still unclear.  Although not confirmed, it appears that the new funding arrangements may have positive outcomes in relation to an increased subsidy available to the Coffs City Council library service from 2019/20 onwards.

The State Library of NSW is still awaiting Ministerial approval prior to publishing the funding arrangements for Councils for the 2018/19 year and beyond.  This report provides funding background and subsidy information that is currently available and also outlines an important NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries

It highlights the importance for Council to join the campaign to work towards a more sustainable funding model required for public libraries.

 

2018/228

Resolved (Cr Keith Rhoades / Cr Sally Townley)

That Council

1.       Note the estimated subsidies for the Coffs Harbour City Council library service for 2018-19 to 2020-21 and the announcement by the NSW Government of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23.

2.       Endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries.

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

Carried

 

 

Cr Michael Adendorff declared a late interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 5:28pm.

 

 

 

SC18/38          Coffs Harbour City Centre - Review of Height and Built Form Controls

 

Executive Summary

At its Ordinary Meeting of 9 February 2017, Council resolved to undertake a review of building heights in the Coffs Harbour City Centre. Consultants were engaged and a draft report for the building heights review was presented to Council at its Ordinary Meeting of 7 December 2017. Council resolved to endorse and publicly exhibit the report in 2018. The results of the public exhibition were reported to Council on 9 August 2018, where Council deferred the progression of the review subject to a workshop being held with Councillors. The workshop occurred on 21 September 2018 and the building heights review is now being presented back to Council.

The purpose of this report is therefore to present the outcomes of the public exhibition process and the Coffs Harbour CBD – Review of Height and Built Form Controls Final Study Report – July 2018 (Attachment 1) to Council. The report states that an increase in the maximum height of buildings and floor space ratio controls within the city centre can be achieved without impacting on the amenity of key public spaces, provided that such changes are supported by additional local built form controls. The proposed draft amendments to Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015 (Attachments 2 and 3) have been developed in accordance with recommendations of the review process.

 

2018/229

Resolved (Cr John Arkan / Cr Paul Amos)

That Council:

1.       Adopt the Coffs Harbour CBD – Review of Height and Built Form Controls Final Study Report – July 2018 (Attachment 1).

2.       Endorse and forward a Planning Proposal (Attachment 2) to amend the Height and Built Form Controls of Coffs Harbour Local Environmental Plan 2013, to NSW Planning and Environment seeking a “Gateway Determination”.

3.       Request that the Secretary of the NSW Department of Planning and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 3.36(2) of the Environmental Planning and Assessment Act 1979 in respect of the Planning Proposal.

4.       Publicly exhibit the Planning Proposal and undertake government agency consultation subject to the terms of the Gateway Determination issued by the NSW Department of Planning and Environment.

5.       Publicly exhibit Draft Coffs Harbour Development Control Plan 2015 Amendment Number 11 (CBD Height Review) (Attachment 3) concurrently with the associated Planning Proposal.

6.       Note that a further report will be brought back to Council for consideration following the public exhibition of the Planning Proposal and draft Development Control Plan amendment.

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

Carried

 

 

Cr Michael Adendorff returned to the meeting, the time being 5:29 pm.

 

Directorate Reports - Sustainable Infrastructure

 

SI18/20           Precast Concrete Bridge Components

 

Executive Summary

For the last 10 years Council has undertaken a program to replace its aged timber bridges with more durable concrete structures.  The delivery methodology is for Council’s bridge team to construct the bridges with precast concrete components supplied by precast yards remote from the Coffs Harbour.

 

The cost of the precast concrete units is significant, with Council spending approximately $160,000 per single span bridge for the design, supply and delivery of components.  Over the life of the program to date Council has spent in the order of $2.5 million on procuring precast bridge components. There will continue to be a demand for Council to procure concrete components as there remains 55 timber bridges that will require replacement in the next 20 to 30 years.  At current market rates the cost of precast components is estimated to be in the order of $9 million.

 

In order to reduce the cost of the design, supply and delivery of precast concrete bridge components, Council’s Infrastructure Construction and Maintenance Group have investigated the viability of producing its own precast bridge components.  Investigations undertaken show that producing component ‘in house’ is viable and will significantly reduce the cost of the bridge replacement program. 

 

This report requests that Council allocate $143,000 from the Coastal Works Reserve as seed funding to establish the production of precast concrete bridge units.

 

2018/230

Resolved (Cr Paul Amos / Cr Keith Rhoades)

That Council allocate $143,000 from the Coastal Works Reserve towards the establishment of a facility to provide precast concrete bridge components.

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

Carried

 

 

 

 

SI18/21           Contract No. RFT-984-TO - Loaders Lane Footbridge

 

Executive Summary

Council recently called tenders for the design and construction of a new pedestrian footbridge linking Loaders Lane to William Sharpe Drive to provide access to new open space facilities as per the adopted West Coffs Masterplan. Council has committed funds through S94 developer contributions to the project in the 2018/19 budget.

Council received five responses and all tenderer prices received significantly exceed the project’s set budget.

 

2018/231

Resolved (Cr Paul Amos / Cr George Cecato)

That Council:

1.       Under s178(1)(b) of the Local Government (General) Regulations 2005, decline all tenders received for Contract No. RFT-984-TOLoaders Lane Footbridge on the basis that:

a)      The quotations are outside Council’s allocated budget for the project.

b)      Negotiations would provide a better result.

c)      The calling of new tenders is not likely to provide an optimal outcome.

2.       Pursuant to s178(3)(e), the General Manager enter into negotiations with any person (whether or not the person was a tenderer) with the view to entering into a contract in relation to the subject matter of the tender.

3.       Receive a future report on other available options if the requested negotiations do not result in a contract for the works which is within Council’s existing budget limitations.

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

 

MUN18/06      RMS EXISTING PACIFIC HIGHWAY PROPOSED WORKS

 

Cr Keith Rhoades expressed a concern about proposed major upgrade works by the RMS on the Pacific Highway at the intersection of Englands Road and Pacific Highway.  Cr Rhoades was seeking clarification on whether Council was aware of the proposed works.  The General Manager advised that the matter would be taken on notice and information would be provided to Councillors.

 

 

MUN18/07      RMS Proposed Bypass

 

Cr John Arkan advised the meeting that he had received correspondence from a resident expressing concern that Council may be jeopardising the bypass by not supporting the proposed RMS plans.

 

 

 

Close of Meeting

The Meeting closed at 5.45pm.

 

Confirmed:  25 October 2018

 

 

 

 

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

Tegan Swan

Deputy Mayor