Ordinary Council Meeting Minutes                                                           11 June 2020

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting

via audio-visual link
ON Thursday, 11 June 2020 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, Director Sustainable Infrastructure, Director Sustainable Communities, Director Business Services and Executive Assistant

Leave of Absence       Nil

Opening of Ordinary Meeting

The meeting commenced at 5.00pm with the Mayor, Cr D Knight in the chair.

Acknowledgement of Country

We respectfully acknowledge the traditional custodians of the land on which we meet, the Gumbaynggirr people, who have cared for this land forever. We pay our respects to their Elders, past, present and emerging, and commit ourselves to a future with reconciliation and renewal at its heart.

Statement in relation to Recording of Meetings

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

Public forum commenced at 5.00pm

Due to there being no public gallery as a precaution to help reduce the risk of Coronavirus COVID-19 infection, all speakers are providing a written statement which will be read to the meeting.

Speaker

Item

Anthony Cougle on behalf of Moonee Beach Retirement Living Pty Ltd

For SC20/29 Request for Review of Determination – Development Application No.0782/19 – Seniors Housing (29 Self-Contained Dwellings), Six (6) Dwellings, One (1) Exhibition Home, Demolition and Subdivision (Torrens, Community and Strata Title) – Lot 78 DP1223036, Lot 1 and Lot 2 DP 1140702 and Lot 1 DP 252223, 8 Anchorage Close and 5-9 Moonee Beach Road, Moonee Beach

 

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Paul Amos

SC20/29 Request for Review of Determination – Development Application No.0782/19 – Seniors Housing (29 Self-Contained Dwellings), Six (6) Dwellings, One (1) Exhibition Home, Demolition and Subdivision (Torrens, Community and Strata Title) – Lot 78 DP1223036, Lot 1 and Lot 2 DP 1140702 and Lot 1 DP 252223, 8 Anchorage Close and 5-9 Moonee Beach Road, Moonee Beach

Non-Pecuniary - Less Than Significant Conflict as one of the owners now listed is well known to him.

Cr Paul Amos

SC20/28 Coffs Harbour Local Environmental Plan 2013 – Housekeeping Amendment No. 3 (Including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence For Industrial Areas) – Pre-Exhibition

Non-Pecuniary - Less Than Significant Conflict as some neighbours and friends may be impacted.

Cr Michael Adendorff

BS20/35 Coffs Harbour City Centre Development Incentive Policy – Amendment

Pecuniary interest as he has property interests. 

Apologies

                   No apologies.

 

REQUESTS FOR LEAVE OF ABSENCE

                   No requests for leave of absence.

 

Confirmation of Minutes

2020/120

Resolved (Cr John Arkan / Cr Sally Townley)

That the minutes of the Ordinary Meeting held on 28 May 2020 be confirmed.

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

Carried

 

 

Motion

2020/121

Resolved (Cr Denise Knight / Cr John Arkan)

That item GM20/11 Code of Conduct Matters to be referred to Council be considered in Closed Session.

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

Carried

 


 

Directorate Reports - Business Services

 

BS20/34          Monthly Financial Performance Report for the Month Ended 30 April 2020

 

Executive Summary     

This report presents the Monthly Financial Performance Report for the month ended 30 April 2020.  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 $27.9 million with the actual year to date being $34.2 million.

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 $76 million with $41.3 million expended to the end of April.

2020/122

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council note the Monthly Financial Performance Report for 30 April 2020.

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

Carried

Cr Michael Adendorff declared an interest in the following item, vacated the chamber at 5.10pm and took no part in the discussion or voting.

 

BS20/35          Coffs Harbour City Centre Development Incentive Policy - Amendment

 

Executive Summary

At its meeting held on 23 May 2019, Council resolved to adopt the Coffs Harbour City Centre Development Incentive Policy.  This incentive provides an exemption from developer contributions for certain accommodation developments within the Coffs Harbour City Centre.

Over the last 12 months the Coffs Harbour City Centre Development Incentive Policy has been applied to approved and eligible development applications, which has resulted in approximately $413,000 being waived in upfront costs that developers would normally incur.  As there were no significant accommodation developments in the Coffs Harbour City Centre two years prior to the implementation of the incentive, it may provide some evidence that the incentive supports larger scale general accommodation developments.

The current incentive policy is available until 23 May 2021 or until the maximum cap of $2.5 million is reached, whichever comes first.  Given the current circumstances surrounding COVID-19 and the anticipated impacts on the development sector and wider economy, it is proposed Council consider extending the policy incentive until 23 May 2022 or until the maximum cap is reached.

2020/123

Resolved (Cr Paul Amos / Cr Sally Townley)

That Council adopt the amended Coffs Harbour City Centre Development Incentive Policy (Attachment 1), which extends the incentive until 23 May 2022 or until the maximum cap of $2.5 million is reached, whichever comes first.

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

Carried

Cr Michael Adendorff returned to the meeting, the time being 5.11pm

 

 

SC20/29          Request for Review of Determination - Development Application No.0782/19 - Seniors Housing (29 Self-Contained Dwellings), Six (6) Dwellings, One (1) Exhibition Home, Demolition and Subdivision (Torrens, Community and Strata Title) - Lot 78 DP 1223036, Lot 1 and lot 2 DP 1140702 and Lot 1 DP 252223, 8 Anchorage Close and 5-9 Moonee Beach Road, Moonee Beach

 

Executive Summary

At Council’s meeting of 27 February 2020, Council resolved that Development Application No. 0782/19 - Seniors Housing (29 self-contained dwellings), six (6) dwellings, one (1) exhibition home, demolition and subdivision (Torrens, Community and Strata Title) at Lot 78 DP 1223036, Lot 1 and Lot 2 DP 1140702 and Lot 1 DP 252223, 8 Anchorage Close and 5-9 Moonee Beach Road, Moonee Beach be refused.

On 25 March 2020, Council received a request for a review of the determination under Section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act) from the applicant. 

As part of this request, the applicant has made no amendments to the proposal and development application.

The request for review and amended proposal was notified and advertised (as required by the Environmental Planning and Assessment Regulation 2000).  Twenty two submissions were received.

As the determination was made by the Council, the EP&A Act requires that the review of the determination must be made by Council and cannot be made by a delegate of Council.

The purpose of this report is to present the applicant’s request to Council to allow the determination to be formally reviewed.

2020/124

Resolved (Cr John Arkan / Cr Keith Rhoades)

That Council:

1.         Undertake a review of the determination of Development Application No. 0782/19 in accordance with Section 8.2 of the Environmental Planning and Assessment Act 1979.

2.         Approve Development Application No. 0782/19 for a Seniors Housing (29 self-contained dwellings), six (6) dwellings, one (1) exhibition home, demolition and subdivision (Torrens, Community and Strata Title) at Lot 78 DP 1223036, Lot 1 and Lot 2 DP 1140702 and Lot 1 DP 252223, 8 Anchorage Close and 5-9 Moonee Beach Road, Moonee Beach subject to the conditions in Attachment 3.

3.         Advise persons who made a submission on Development Application No. 0782/19, and the review of the determination, of Council’s decision.

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

Against:  Crs Knight, Swan and Townley

Carried

 


 

Directorate Reports - Sustainable Communities

 

SC20/27          Draft Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands - Pre Exhibition

 

Executive Summary

At its Ordinary Meeting of 14 March 2019, Council resolved to endorse a revised scope for the Coffs Harbour Local Growth Management Strategy review, comprising a number of chapters relating to various land use types within the Coffs Harbour Local Government Area (LGA), including a Residential Lands Chapter.

The purpose of this report is to seek Council’s endorsement to publicly exhibit draft Coffs Harbour Local Growth Management Strategy – Chapter 7 Residential Lands (Attachment 1) and two associated Issues and Options Papers: Affordable Housing in Coffs Harbour LGA (Attachment 2) and Short Term Rental Accommodation (Attachment 3).

It is noted that two additional documents: Coffs Harbour Population Demographics and Housing Background Paper 2020 (Attachment 4) and Coffs Harbour Community Insights Report 2019 (Attachment 5) are provided for background information to assist the community engagement process.

2020/125

Resolved (Cr Sally Townley / Cr George Cecato)

That Council:

1.         Place the draft Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands (Attachment 1), Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 (Attachment 2) and Short Term Rental Accommodation - Issues and Options Paper 2020 (Attachment 3) for the purpose of public exhibition for a minimum period of 28 days.

2.         Note that a further report will be brought back to Council for consideration of the final Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands; and incorporating feedback received in relation to the Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 and Short Term Rental Accommodation - Issues and Options Paper 2020.

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

Against:  Cr Amos

Carried

 

 

 

SC20/28          Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (Including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) - Pre-Exhibition

 

Executive Summary

Coffs Harbour Local Environmental Plan (LEP) 2013 came into force on 27 September 2013. Regular housekeeping reviews of this Plan are undertaken in order to ensure that Council’s principal LEP remains accurate and relevant. Two housekeeping reviews of Coffs Harbour LEP 2013 have previously been undertaken (8 January 2016 and 9 February 2018).

This report relates to a third housekeeping review of Coffs Harbour LEP 2013. The proposed housekeeping LEP amendment comprises a number of matters relating to the correction of mapping anomalies; the correction of listed heritage items; alignment with the Woolgoolga Town Centre Masterplan which was adopted by Council on 22 February 2018 (amendments to land use zones, building height controls and floor space ratio controls); and alignment with the Coffs Harbour Local Growth Management Strategy relating to design excellence.

The purpose of this report is to seek endorsement from Council to initiate Coffs Harbour LEP 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) (Attachment 1) and to obtain endorsement from NSW Department of Planning, Industry and Environment for the planning proposal to proceed, as well as authorisation for local plan making functions.

 

Motion (Cr Paul Amos / Cr John Arkan)

That Council:

1.         Endorse and forward a planning proposal (Attachment 1) for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) to NSW Department of Planning, Industry and Environment for determination pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979 with the removal of Item No. 3 Amendment to LEP 2013 Floor Space Ratio Map (FSR_005).

2.         Request that the Secretary of NSW Department of Planning, Industry and Environment issue written authorisation to Council to exercise delegation of the plan making functions pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979 for Coffs Harbour Local Environmental Plan 2013 -Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas).

3.         Resolve to publicly exhibit for a period of 40 days a planning proposal for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) following determination by NSW Department of Planning, Industry and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

4.         Note that a further report will be brought back to Council for consideration following public exhibition of a planning proposal for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas).

5.         Consider a further report on amendments to the Floor Space Ratio controls to support the intent of the Woolgoolga Town Centre Master Plan.

 

Amendment

 

(Cr Tegan Swan / Cr Sally Townley)

That Council:

1.         Endorse and forward a planning proposal (Attachment 1) for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) to NSW Department of Planning, Industry and Environment for determination pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

2.         Request that the Secretary of NSW Department of Planning, Industry and Environment issue written authorisation to Council to exercise delegation of the plan making functions pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979 for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas).

3.         Resolve to publicly exhibit a planning proposal for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) following determination by NSW Department of Planning, Industry and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

4.         Note that a further report will be brought back to Council for consideration following public exhibition of a planning proposal for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas).

For:         Crs Swan and Townley

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

The AMENDMENT on being put to the meeting was LOST.

2020/126

Resolved (Cr Paul Amos / Cr John Arkan)

That Council:

1.         Endorse and forward a planning proposal (Attachment 1) for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) to NSW Department of Planning, Industry and Environment for determination pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979 with the removal of Item No. 3 Amendment to LEP 2013 Floor Space Ratio Map (FSR_005).

2.         Request that the Secretary of NSW Department of Planning, Industry and Environment issue written authorisation to Council to exercise delegation of the plan making functions pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979 for Coffs Harbour Local Environmental Plan 2013 -Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas).

3.         Resolve to publicly exhibit for a period of 40 days a planning proposal for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) following determination by NSW Department of Planning, Industry and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

4.         Note that a further report will be brought back to Council for consideration following public exhibition of a planning proposal for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas).

5.         Consider a further report on amendments to the Floor Space Ratio controls to support the intent of the Woolgoolga Town Centre Master Plan.

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

Carried

 

 

SC20/30          Community Organisation Assistance Program - Temporary - COVID-19

 

Executive Summary

Many community organisations have been adversely affected by public health orders directing the closure of community venues and facilities so as to limit community exposure to the COVID-19 virus.

This report considers potential options that Council could employ to further assist those community organisations that have been adversely affected from a loss of income / revenue due to closure of services and facilities.

It is recommended that a temporary Community Organisation Assistance Program be considered for funding and implementation in 2020/21 to provide additional support to community organisations and the community service sector.

2020/127

Resolved (Cr John Arkan / Cr Tegan Swan)

That Council include the consideration of $50,000 in the final 2020/21 Operational Plan budget to establish a temporary Community Organisation Assistance Program which is open to community organisations that directly support the health and wellbeing of the community.

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

Carried

 

 

Directorate Reports - Sustainable Infrastructure

 

SI20/11           Draft Water Efficiency Strategic Plan 2020 - For Public Exhibition

 

Executive Summary

In conjunction with Regional Water Supply Scheme partners, Clarence Valley Council, the Water Efficiency Strategic Plan 2013 and Water Efficiency Implementation Plan 2013 for the Regional Water Supply Scheme have been reviewed and updated versions presented here for Council’s consideration prior to public exhibition. The updated 2020 plans aim to continue the delivery of comprehensive and effective water conservation programs throughout the region. It is proposed that the draft 2020 Plans be placed on public exhibition and submissions requested from the community.

2020/128

Resolved (Cr Paul Amos / Cr George Cecato)

That Council:

1.         Endorse the draft Water Efficiency Strategic Plan 2020 and draft Water Efficiency Implementation Plan 2020 for the purpose of public exhibition for a minimum period of 28 days.

2.         Note that a further report will be brought back to Council for consideration of the final Water Efficiency Strategic Plan 2020 and Water Efficiency Implementation Plan 2020 following public consultation.

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

Carried

 

Questions on Notice

 

QON20/05      Jetty Foreshore - Tree Planting Program Update

 

The report was noted.

 

Matters of an Urgent Nature

No matters of an urgent nature.

 

 

CLOSED SESSION – SECTION 10A

The Mayor requested a motion to close the meeting to consider item GM20/11 Code of Conduct Matters to be Referred to Council.

 

 

2020/129

Resolved (Cr John Arkan / Cr Sally Townley)

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

GM20/11 Code of Conduct Matters to be Referred to Council

10A(2)(i) alleged contraventions of any code of conduct requirements applicable under section 440.

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

Carried

 

The Staff and others vacated the Chamber and the public audio-visual was turned off, the time being 6.23pm.

 

 

open meeting

Council reconvened into Open Meeting following the Closed Session, the time being 7.32pm.

 

 

2020/130

Resolved (Cr John Arkan / Cr George Cecato)

That the resolution of the Closed Session be adopted.

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

Carried

 

Cr Swan returned to the meeting, the time being 7.33pm.

 

The General Manager read to the meeting the resolution from the Closed Session.

 

That Council:

1.         Note the report.

2.         Request the Councillor make a personal apology to impacted individuals.

3.         Write to the Office of Local Government advising that no further action will be taken on the grounds that:

a)    The Councillor has expressed an understanding of their actions

b)    The Councillor has spent considerable time undergoing the review process.

 

 

Close of Meeting

The Meeting closed at 7.34pm.

Confirmed: 25 June 2020.

 

 

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

Denise Knight

Mayor