Ordinary Council Meeting Minutes                                                       28 March 2019

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON
Thursday, 28 March 2019 AT 5.00pm

 

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

STAFF:                    General Manager, Acting 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 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

2019/44

Resolved (Cr Sally Townley / Cr John Arkan)

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

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

Carried

 

Public Addresses

Time

Speaker

Item

5.00pm

Peter Wardman

SC19/11 – Draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands

 

Public forum

No public forum.

 

Mayoral Actions Under Delegated Authority

No Mayoral actions under delegated authority.

 

Confirmation of Minutes

2019/45

Resolved (Cr Sally Townley / Cr Paul Amos)

That the minutes of the Ordinary Meeting held on 14 March 2019 be confirmed.

 

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

Carried

 

 

DIRECTORATE REPORT - SUSTAINABLE COMMUNITIES

 

 

SC19/11          Draft Coffs Harbour Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands

 

Executive Summary

In August 2013, Council commenced a review and update of its Local Growth Management Strategy to ensure that it meets the needs of Coffs Harbour and its residents moving forward to 2036. This report relates to a review of large lot residential land (formerly known as rural residential) within the Coffs Harbour Local Government Area (LGA), which has been undertaken as part of the broader update of Council’s Local Growth Management Strategy.

In 2018, Council endorsed the engagement of a consultant to prepare draft Chapter 6 Large Lot Residential Lands for the Coffs Harbour LGA, which will guide large lot residential development over the next 20 years. The consultant work involved a review of the 2009 Rural Residential Strategy, and development of a Background Paper to support additional information about draft Chapter 6 during the public exhibition period.

The purpose of this report is to seek Council’s endorsement to publicly exhibit draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands (Attachment 1) and the associated Large Lot Residential Background Paper (Attachment 2).

 

2019/46

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.       Endorse the draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands (Attachment 1) and Large Lot Residential Background Paper (Attachment 2).

2.       Proceed to community engagement through public exhibition of the draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands and Large Lot Residential Background Paper for a minimum period of 28 days.

3.       Proceed to undertake further government agency consultation during the public exhibition period.

4.       Note that a further report will be brought back to Council for consideration of any submissions following the public exhibition of both documents.

 

For:         Crs Knight, Amos, Arkan, Cecato, Rhoades, Swan and Townley

Against:  Cr Adendorff

Carried

 

 

General Manager's Reports

 

GM19/08         Council Committees - Appointment of Members

 

Executive Summary

Nominations for Council Committee members require approval by Council.  This report is seeking Council endorsement of a committee member nomination.

 

2019/47

Resolved (Cr John Arkan / Cr Paul Amos)

That Council appoints Craig Little to the Sportz Central Advisory Committee

 

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

Carried

 


 

 

GM19/09         Vacancy in Civic Office - Resignation of Councillor Jan Strom

 

Executive Summary

Councillor Jan Strom has tendered her resignation from civic office to the General Manager, effectively immediately.

 

The next ordinary election of Council is due to occur on 12 September 2020.  As the resignation has been received within the 18 month period preceding the 2020 ordinary election of Council, effectively Council has two options available.  First, officially notify the NSW Electoral Commission of the vacancy in civic office and request the Commission to arrange a by-election by 18 June 2019.

 

The second option is to seek an order from the Minister for Local Government dispensing with the need for a by-election in accordance with clause 294(1) of the Local Government Act 1993 as the resignation has occurred within 18 months of the September 2020 ordinary election.  This recommendation is influenced by the anticipated costs associated with the conduct of a by-election.

 

2019/48

Resolved (Cr George Cecato / Cr John Arkan)

That in accordance with clause 294(1) of the Local Government Act 1993 Council seeks an order from the Minister for Local Government to dispense with the holding of a by-election to fill the vacancy in civic office created by the resignation of Councillor Strom.

 

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

Carried

 

 

Directorate Reports - Business Services

 

BS19/12          Bank and Investment Balances for February 2019

 

Executive Summary

Council’s Bank Balances and Investments as at 28 February 2019 totalled $222,423,509.75.  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 My Coffs Community Strategic Plan.

 

Also included in the monthly report is a summary of Council’s Socially Responsible Investment Performance (refer Attachment 1).

 

2019/49

Resolved (Cr Paul Amos / Cr George Cecato)

That Council note the bank balances and investments totalling $222,423,509.75 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 28 February 2019.

 

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

Carried

 

 

BS19/13          Monthly Financial Performance Report for the Month Ended 28 February 2019

 

Executive Summary

This report presents the Monthly Financial Performance Report for 28 February 2019.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  The projected year to date surplus is $44.2M with the actual year to date being $50.8M.  The surplus result will reduce over the course of the year as Council delivers services to the community.

 

The explanation of year to date variances is contained within the Income Statement commentary under Variance Comments for variances greater than 10%.  There are individual recurrent revenue sources with variances but overall recurrent revenue is on track, similarly for recurrent expenditure.

 

The capital expenditure target for the current financial year is $92.9M with $31.7M expended to the end of February.

 

2019/50

Resolved (Cr Keith Rhoades / Cr Michael Adendorff)

That Council note the Monthly Financial Performance Report for 28 February 2019.

 

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

Carried

 

 

 

BS19/14          Coffs Harbour City Centre Development Incentive Policy

 

Executive Summary

At the Council meeting held on the 9 August 2018, a resolution was passed that a report be provided outlining the opportunities to activate the Coffs City Centre by exempting development contributions for residential development in the Coffs Harbour City Centre in the short term.

 

Over the last two financial years there has been very limited residential growth within the Coffs City Centre area.  It was determined the opportunity to increase residential development within the Coffs City Centre masterplan area could stimulate the Coffs City Centre activation initiative and help promote overall investment in this precinct.

 

An internal working group conducted extensive research to present an effective and financially responsible recommendation.  The options were considered by Council at the meeting held on the 14 February 2019.  The option endorsed by Council is now contained in the attached draft policy document.

 

The policy is titled Coffs Harbour City Centre Development Incentive Policy and is now presented for further consideration.  The relevant developer contribution plans are also presented to include the reference to the policy under the “exemption” section of these plans.

 

 

 

 

 

2019/51

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.       Endorse the draft Coffs Harbour City Centre Development Incentive Policy (attachment 1) and place it and the relevant draft Developer Contribution Plans (attachments 2-7) on exhibition for a period of at least 28 days seeking feedback to enable Council’s final determination on this matter.

2.       Note that a further report will be brought back to Council for consideration following the public exhibition of the draft Coffs Harbour City Centre Development Incentive Policy.

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

Carried

 

 

 

 

 

Directorate Reports - Sustainable Communities

 

SC19/10          Draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands - Intensive Plant Agriculture Discussion Paper

 

Executive Summary

At its Ordinary Meeting of 6 December 2018, Council considered a report on the draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands, which also incorporated an Intensive Plant Agriculture Discussion Paper.

At that meeting, Council resolved only to publicly exhibit draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands. Council’s resolution in relation to the Discussion Paper was that it be brought back to the Agricultural Advisory Committee for further consultation by March 2019, and then be put on public exhibition after the requested consultation was completed.

Consultation was undertaken with the Agricultural Advisory Committee in early 2019 in accordance with that resolution. During that additional consultation, a supplementary document was prepared in collaboration with the Agricultural Advisory Committee to provide a summary of Intensive Plant Agriculture land use considerations.

The purpose of this report is to inform Council that the additional consultation has been undertaken with the Agricultural Advisory Committee and to seek endorsement to publicly exhibit the Intensive Plant Agriculture Discussion Paper (Attachment 1) in conjunction with the Intensive Plant Agriculture Land Use Overview Table (Attachment 2). It also seeks endorsement to simultaneously re-exhibit draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands so that the documents can be read in context with each other.

 

2019/52

Resolved (Cr Tegan Swan / Cr Sally Townley)

That Council:

1.       Note the Intensive Plant Agriculture Discussion Paper (Attachment 1) and Intensive Plant Agriculture Land Use Overview Table (Attachment 2).

2.       Proceed to community engagement through public exhibition of the Intensive Plant Agriculture Discussion Paper in conjunction with the Intensive Plant Agriculture Land Use Overview Table; and simultaneous re-exhibition of draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands for a minimum period of 28 days.

3.       Note that a further report will be brought back to Council to present the outcomes of the public exhibition process, and for consideration of a final Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands.

 

For:         Crs Knight, Amos, Arkan, Rhoades, Swan and Townley

Against:  Crs Adendorff and Cecato

Carried

 

 

Item - SC19/11 Draft Coffs Harbour Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands - has been moved to another part of the document.

 

 

 

 

SC19/12          Planning Proposal: North Boambee Valley (West) Residential Investigation Area - Post Exhibition

 

Executive Summary

At its Ordinary Meeting of 24 August 2017, Council resolved to support a Planning Proposal (PP_2017_COFFS_003_00) for residential land within the northern section of the broader North Boambee Valley (West) urban investigation area.

At that meeting, Council resolved to publicly exhibit associated changes to its draft Development Control Plan and draft Developer Contributions Plan for the urban investigation area. In principle endorsement was also given by Council at this meeting to forward fund a detention basin within the urban investigation area to alleviate flood hazard, subject to further analysis and reporting to Council.

Public exhibition of the Planning Proposal, draft Development Control Plan - Amendment No. 3 and draft Developer Contributions Plan took place between 18 October 2017 and 17 November 2017.

The purpose of this report is to inform Council of the outcome of the public exhibition process and to seek endorsement of a final Planning Proposal (Attachment 1); Coffs Harbour Development Control Plan 2015 – Amendment No. 3 (Attachment 2); and North Boambee Valley (West) Developer Contributions Plan (Attachment 3). This report also seeks Council’s endorsement to forward fund infrastructure works to facilitate orderly development of the urban investigation area.

 

2019/53

Resolved (Cr Paul Amos / Cr John Arkan)

That Council:

1.   Endorse Planning Proposal PP_2017_COFFS_003_00 North Boambee Valley (West) Residential Investigation Area – V3 Post Exhibition – March 2019 (Attachment 1).

2.   Delegate to the General Manager the authority issued by the NSW Department of Planning 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 this Planning Proposal.

3.   Continue to consult with the NSW Department of Planning 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 the Planning Proposal.

4.   Endorse Coffs Harbour Development Control Plan 2015 - Amendment No. 3 (Attachment 2), which will come into effect when the corresponding changes to Coffs Harbour Local Environmental Plan 2013 are made.

5.   Endorse the North Boambee Valley (West) Release Area Developer Contributions Plan 2019 (Attachment 3), which will come into effect when the corresponding changes to Coffs Harbour Local Environmental Plan 2013 are made.

6.   Endorse the forward funding of certain infrastructure (detention basin and highway intersection roadworks) to service the needs of the North Boambee Valley (West) Residential Investigation Area.

7.   Inform all parties who made submissions, as well as landowners in the North Boambee Valley (West) Residential Investigation Area of Council’s decision.

8.   Consider a further report on the remaining land within the North Boambee Valley (West) Residential Investigation Area as part of the Employment Lands Review.

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

Carried

 

 

Directorate Reports - Sustainable Infrastructure

 

SI19/07           Amendment to Alcohol Free Zone in Park Lane Coffs Harbour

 

Executive Summary

PlanetArt are proposing to hold a fundraising evening to support ‘art as therapy’ classes for children and young people with mental health issues at the PlanetArt Gallery, Park Lane behind 37a Little Street on Friday 5 April 2019 from 5pm to 11pm.

This is a ticketed event catering for approximately 60 guests. There will be a musician, a food table and guests will be served wine whilst standing in the lane. For the event to proceed an application for the road closure of Park Lane would need to be approved by Council.

Park Lane 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.

 

2019/54

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council, in accordance with Section 645 of the Local Government Act 1993, approve the temporary suspension of the Park Lane Alcohol Free Zone parallel to Park Lane and behind 37a Little Street, Coffs Harbour on 5 April 2019 from 5 – 11pm.

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

No matter of an urgent nature.

 

 

 

Close of Meeting

The Meeting closed at 5.48pm.

 

Confirmed:  11 April 2019

 

 

 

 

 

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

Denise Knight

Mayor