Ordinary Council Meeting Minutes                                               13 October 2016

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration, Building

CNR Coff and Castle Streets, Coffs Harbour
ON
Thursday, 13 October 2016 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, Director Sustainable Communities, Director Business Services and Executive Assistant

 

Requests for 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 George Cecato

BS16/35 Contract No. RFT-763-TO Coffs Harbour Regional Airport Terminal Expansion

Pecuniary interest as he is a tenant at the airport.

Apologies

No apologies

Public Addresses

No public addresses

Public forum

Time

Speaker

Item

5.00 pm

Phil Tripp

 

Ten things Council should consider for their constituents

5.05pm

Susan Seaton

Coffs Coast Recovery Park and Council's purchase of a future landfill site

MAYORAL ACTIONS UNDER DELEGATED AUTHORITY

No Mayoral actions under delegated authority.

CONFIRMATION OF MINUTES

2016/199

Resolved (Cr Townley / Cr Rhoades)

That the minutes of the Ordinary Meetings held on 11 and 25 August 2016 be confirmed.

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

Carried

 

General Manager's Reports

 

GM16/13         Election of Deputy Mayor

 

EXECUTIVE SUMMARY

Coffs Harbour City Council’s custom and practice has been to elect a Deputy Mayor on an annual basis.  This report provides the opportunity for Council to continue its custom and practice, or given some recent changes to the Local Government Act to consider changes to this custom and practice.

 

2016/200

Resolved (Cr Rhoades / Cr Arkan)

That

1.    Council resolve to elect a Deputy Mayor for the ensuing twelve (12) months;

2.    nominations for the position of Deputy Mayor be called and the method of election be by ordinary ballot.

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

Carried

The General Manager, as the Returning Officer in accordance with Schedule 7 of the Local Government (General) Regulation 2005, announced that there were two nominations for the position of Deputy Mayor, namely:

          Cr Cecato

          Cr Townley

In accordance with Resolution 2016/200 above, an election was then held, by way of Ordinary Ballot. Cr Cecato was duly elected as the Deputy Mayor for the 12 month period commencing 13 October 2016.

 

Motion

2016/201

Resolved (Cr Rhoades / Cr Strom)

That the ballot papers be destroyed.

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

Carried

 

 

GM16/14         2016 Local Government NSW Conference - Voting Delegates from Coffs Harbour City Council

 

EXECUTIVE SUMMARY

To appoint four voting delegates to represent Coffs Harbour City Council at the 2016 Local Government NSW Annual Conference to be held at WIN Entertainment Centre, Wollongong on
16-18 October 2016.

 

2016/202

Resolved (Cr Arkan / Cr Adendorff)

That Coffs Harbour City Council resolve the nomination of the Mayor, Councillor Arkan Councillor Adendorff and Councillor Townley as the voting delegates for the 2016 LGNSW Conference.

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

Carried

 

 

 

GM16/15         Review of s355 Committees and appointment of Councillors

 

EXECUTIVE SUMMARY

At the Ordinary Council meeting following a Local Government Election, Council is required to nominate Councillors to the various committees that have Councillor representation.  Following the 2016 election, a review has been undertaken of the Section 355 and other committees and this report serves to appoint Councillors to the various committees and endorse the relevant Terms of Reference (ToR) and delegations of the committees.

 

2016/203

Resolved (Cr Strom / Cr Cecato)

That Council:

1.    Endorse the Terms of Reference attached for:

1.1.     Cultural Reference Group

1.2.     Library and Gallery Planning Advisory Group

1.3.     Multicultural Advisory Committee

1.4.     Yandaarra Advisory Committee

1.5.     Destination Coffs Coast Committee

1.6.     Floodplain Risk Management Committee

1.7.     Coastal and Estuary Management Committee

1.8.     Heritage Executive Committee

1.9.     Koala Management Advisory Committee

1.10.  Access Advisory Committee

1.11.  CBD Masterplan Committee

2.    Confirm the structure and delegations for the commitees as per the tables below

3.    Appoint Councillors to the committees as per the tables below, with the voting method to be determined by Council.

S355 Committee Name

s377 Delegations

Councillor positions

Australia Day & Special Events Committee

To undertake the organisation of the Australia Day event, including the calling of nominations for the various Australia Day awards and subsequent determination of awardees.

·    Mayor

·    Cr Swan

Access Advisory Committee

The AAC has delegation to provide advice on the strategic direction of accessibility issues.

·    Cr Townley

Cultural Reference Group

N/A

·    Cr Knight

Library and Gallery Planning Advisory Group (LGPAG)

N/A

·    Cr Strom

·    Cr Knight

·    Cr Townley

Multicultural Reference Group

To provide advice on the strategic direction of multiculturalism.

·    Cr Strom with Cr Knight as the alternate

Yandarra Aboriginal Consultative Committee

To provide advice on the strategic direction regarding local Aboriginal communities.

·    Cr Strom and Cr Townley

Destination Coffs Coast Committee

To provide advice on the strategic direction of tourism to Council, advocate on behalf of the tourism industry and to provide industry development initiatives for the tourism industry.

To provide media statements on tourism related issues (the Chair and Vice Chair only).

·    Cr Amos

Floodplain Risk Management Committee

To provide strategic advice regarding the impact of flooding and to reduce private and public losses resulting from floods, in particular:

·    Preparation of Floodplain Management Studies and Plans for the Coffs Harbour LGA.

·    Act as both a focus and forum for the discussion of technical, social, economic, environmental and cultural issues and for the distillation of possibly differing viewpoints on these issues into relevant Floodplain Management Studies and Plans.

·    Cr Cecato

·    Cr Townley

Performance Review Panel General Manager

To facilitate the formal review of the perofrmance of the General Manager and to make all determinations arising from the conduct of the General Manager's performance review process.

·    Mayor

·    Deputy Mayor

·    Cr Swan

·    Cr appointed by the GM (prior to panel convening)

Coastal & Estuary Management Advisory Committee

To provide strategic advice regarding coastal and estuary management issues, in particular:

·    Assistance in preparation of Coastal Zone Management Plans for the Coffs Harbour LGA.

·    Act as both a focus and forum for the discussion of technical, social, economic, environmental and cultural issues and for the distillation of possibly differing viewpoints on these issues into relevant Coastal Zone Management Plans.

·    Cr Townley

·    Cr Amos

CBD Masterplan Committee

·    To expend funds allocated to the City Centre Masterplan Committee by Council within the approved ‘activation’ budget for day to day expenses in accordance with Council’s adopted procurement policy.

·    To recommend to Council the expenditure of funds in accordance with the works and projects in the adopted Coffs Harbour City Centre Master Plan.

·    To establish sub-committees as deemed appropriate.

·    To promote the advantages of the City Centre inside and outside the area, including making press releases and promoting the City Centre Masterplan Project.

·    To raise funds other than rates and loans to fund the objectives of the Committee.

·    To expend funds raised outside of Council as the Committee deems appropriate, e.g. promotions, entertainment etc.

·    Mayor

Koala Plan of Management Advisory Committee

To provide strategic advice on koala management topics, in particular:

·    Preparation of koala management studies and plans and research projects for the Coffs Harbour LGA.

·    Acting as both a focus and forum for the discussion of technical, social, economic, environmental and cultural issues and for the distillation of possibly differing viewpoints.

·      Cr Townley

·      Cr Arkan

Environmental Levy Committee

N/A (Delegations will be reviewed as part of the program and ToR review as per Council’s resolution on 11 Aug 2016)

·    Mayor

·    Cr Strom

·    Cr Townley

Heritage Executive Committee

To provide strategic advice regarding heritage conservation and in particular to:

·    assist with the identification of heritage items in the Coffs Harbour local government area;

·    advise Council and the community on planning, management & promotion of the City’s heritage resources;

·    actively promote heritage conservation; and

·    advise on the merit of individual Local Heritage Fund applications.

·    No Councillor positions

 

S355 Facility Management Committee

s377 Delegations

Councillor positions

Facilities are:

·      Ayrshire Park

·      Bayldon Community Centre

·      Coramba Community Hall

·      Eastern Dorrigo & District Showground & Hall

·      Lowanna Community Hall

·      Lower Bucca Community Hall

·      Nana Glen Sport Recreation & Equestrian Centre

·      Woolgoolga Community Village

·    To provide a quality facility for the community and visitors;

·    To recommend to Council programs and budgets for the operation of the facility; and

·    To manage the facility on a day to day basis in accordance with adopted policy, procedure, program and budget

·    No Councillor positions

Jetty Memorial Theatre (JMT) Management Committee

·    To review progress of the JMT Strategic Plan 2013-2018 against its outlined Key Performance Indicators

·    Prioritise and make recommendations on the maintenance spend annually.

·    Oversee the JMT trust fund

·    No Councillor positions

 

Committees established under legislation

Councillor positions

Audit and Risk Committee

Both Crs Adendorff and Strom expressed an interest in being on this committee. No appointments made at this time pending the outcome of a review of the Charter for the Committee following the release of Section 23A guidelines by the Chief Executive of the NSW Office of Local Government.

 

Coffs Harbour Airport Emergency and Security Committee

 

(Due to the common membership of both committees the Coffs Harbour Regional Airport has established a joint emergency and security committee )

·    Mayor (or their delegate)

Local Traffic Committee

·    Cr Cecato

Local Emergency Management Committee (LEMC)

·    Mayor (as observer)

Joint Regional Panning Panel (Northern Region)

·    Mayor

·    Deputy Mayor

·    Alternate member Cr Swan

 

Committees external to Council

Councillor positions

Airport Focus Group

·    The Mayor (or their delegate) - Cr Rhoades as the Mayor's delegate

Coffs Coast Regional Park Trust

 

(Four Councillors are to be nominated, the Minister makes the selection)

·      Cr Cecato

·      Cr Amos

·      Cr Swan

·      Cr Townley

 

(One Cr is to be female as directed by the minister).

Councillors nominated are submitted to the National Parks and Wildlife for Minister approval.

Mid North Coast Bush Fire Management Committee

·    Cr Townley

Mid North Coast Regional Arts Board

·    Cr Arkan

Solitary Islands Marine Park Advisory Committee

·    Cr Amos

 

4.    Correspond with the members of the outgoing Stadium Focus Group to extend appreciation for their service to Council and the Stadium's development.

5.    Appoint the following applicants to the two vacant Coffs Harbour industry positions on the Destination Coffs Coast Committee:

5.1.        Mr Harry Barry, North Coast Hotels Group

5.2.        Ms Lyndall Dykes, The Cheese Making Workshop

6.    That the remainder of applicants for the Destination Coffs Coast Committee be invited to sit on either the DCCC nature based working group or DCCC industry engagement working group, as appropriate.

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

Carried

 

 

 

GM16/16         Notice of Draft Policy to be Placed on Public Exhibition - Councillor Expenses and Facilities Policy

 

EXECUTIVE SUMMARY

This report also advises Council and the community of the public exhibition of the draft Councillor Expenses and Facilities policy.

 

The purpose of this policy is to ensure there is accountability and transparency in the reimbursement of expenses incurred by Councillors.  The policy also ensures that the facilities provided to assist Councillors in carrying out their civic duties are reasonable and meet the expectations of the local community.

 

2016/204

Resolved (Cr Rhoades / Cr Strom)

That Council

1.    In accordance with Section 253(5) of the Local Government Act 1993, give public notice of its intention to adopt the Councillor Expenses and Facilities Policy as attached and allow at least 28 days for the making of public submissions.

2.    Consider a further report on this matter at the conclusion of the exhibition period and following consideration of any submissions received.

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

Carried

 

 

 

GM16/17         2016 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 2016. Under the Act, these returns are to be tabled at the first Council meeting following the last day for lodgement.

 

2016/205

Resolved (Cr Townley / Cr Strom)

That Council note the Register of Disclosures by Councillors and designated persons for the period July 2015 – June 2016, as tabled

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

Carried

 

 

Directorate Reports - Business Services

 

BS16/34          Certification of Annual Financial Statements 2015-16

 

EXECUTIVE SUMMARY

Draft financial statements are required to be certified to meet legislative requirements in relation to the completion and audit of the annual Financial Statements for 2015-16.

 

2016/206

Resolved (Cr Strom / Cr Amos)

That Council approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms for 2015-16 for completion by the designated signatories.

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

Carried

 

Cr Cecato declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 5.47pm.

 

BS16/35          Contract No. RFT-763-TO Coffs Harbour Regional Airport Terminal Expansion

 

EXECUTIVE SUMMARY

Coffs Harbour Regional Airport successfully applied for $5.1 million funding under the Restart NSW Regional Tourism Infrastructure Fund (RTIF) to enable upgrade and improvement works to the Coffs Harbour Regional Airport to cater for current and future growth. Part of the funds will be used to extend the arrivals area and include additional amenities and a new baggage carousel to meet projected peek hour demand. 

 

In addition the check-in area of the departures concourse will be expanded by approximately 25% to provide two additional check-in counters and new airline lounges, offices and airline staff facilities will also be constructed.

 

This report seeks approval of the tender to allow these works to progress.

 

2016/207

Resolved (Cr Rhoades / Cr Arkan)

1.      That Council accept the tender of FM Glenn Pty Ltd ABN 17 082 609 701 for the lump sum of $1,494,020 inclusive of GST, on the basis that:

1.1.    The tender is the most advantageous tender following the application of Council’s Tender Value Selection System

1.2.    The Tenderer has the necessary experience in similar works and it’s ability and performance are satisfactory

1.3.    The Tenderer’s financial capacity is acceptable

2.      That the contract documents be executed under the Seal of Council.

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

Carried

 

At 5:48 pm, Cr George Cecato returned to the meeting.

 

Directorate Reports - Sustainable Infrastructure

 

SI16/35           Reserve Naming Application - Len Towells Oval

 

EXECUTIVE SUMMARY

Council adopted the Reserve Naming and Memorial Policy on 23 July, 2015.

 

This Policy provides for the naming of fields within sports complexes after significant individuals or families in accord with criteria detailed in the Policy.

 

Council has received an application to re name the Nana Glen Sportsground after the late Len Towells, a long time resident. The proposal seeks to rename the sportsground the “Len Towells Oval". The application was supported by  a petition of over 500 signatories

 

Staff have assessed the application and consider that the late Mr Len Towells fulfills the requirements of the Policy. In accord with Policy the proposed name has been advertised and submissions invited from the community

 

One submission was received.

 

This report recommends that Council adopt the proposal to rename the Nana Glen Sportsground the “Len Towells Oval”.

 

Note that installation of a naming sign will be dependent on funding becoming available. Alternatively the applicant can choose to fund the sign if they wish it to be installed more immediately.

 

2016/208

Resolved (Cr Townley / Cr Adendorff)

That Council adopt the proposal to rename the oval at the Nana Glen Sportsground as the "Len Towells Oval” and that the reserve be signed accordingly, pending funding.

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

Carried

 

 

 

SI16/36           Traffic Committee Meeting No. 5/2016

 

EXECUTIVE SUMMARY

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for approval of four items pertaining to approval for three events, and one regulatory signs and lines plan approval.

 

2016/209

Resolved (Cr Cecato / Cr Adendorff)

T.64- No Parking – 35a Lawson Crescent Coffs Harbour 6105667

That approval be given for the 8.0m parking space between the two driveways be line marked as a No Stopping zone at 35A Lawson Crescent Coffs Harbour, as per plan T.64-2016.

 

T.65 - Australian Oztag - National Junior Oztag Championships - 14-16 October 2016

That approval be given to temporarily reduce the speed zone in Stadium Drive from 60km/h to 40km/h and no right turn from the stadium access road and Phil Hawthorn Drive onto Stadium Drive for the Australian Oztag - National Junior Oztag Championships - 14-16 October 2016 subject to the following:

1.       A current insurance Certificate of Currency for a minimum insured amount of $20,000,000 and noting the Coffs Harbour City Council as an interested party for the event be submitted by 3 October 2016.

2.       NSW Police approval is obtained by 3 October 2016.

3        The submission and approval of relevant Council event application/s and compliance with any conditions imposed therein.

4.                Where a Traffic Management Plan is deemed required by Council, Local Traffic Committee advice is sought for the event Traffic Management Plan prior to approval of traffic control devices.  This includes a Risk Management Plan and Traffic Control Plan/s.  The following traffic control conditions shall also be observed:

a.       Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.       Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites.

c.       All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

d.       Temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event.  Where local council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

e.       Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons.

5.       Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner.

6.       Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7.       Community and affected business consultation including adequate response/action to any raised concerns.

8.       Arrangements made for private property access and egress affected by the event.

9.       The event organiser notifies local community of the impact of the event/s by advertising in the local paper/s a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

10.     That the applicant organise for the events to be listed on Coffs Harbour City Council website.

 

T.66 – Banana Field Music Festival – Coffs Harbour Racing Club Saturday 29 October 2016

That approval be given for the Banana Field Music Festival, to be held from 11:30am – 10:00pm on 29 October 2016 at the Coffs Racing Club, Howard Street, Coffs Harbour, subject to the following conditions:

1.       A current insurance Certificate of Currency for a minimum insured amount of $20,000,000 and noting the Coffs Harbour City Council as an interested party for the event be submitted by 3 October 2016.

2.       NSW Police approval is obtained by 3 October 2016.

3        The submission and approval of relevant Council event application/s and compliance with any conditions imposed therein.

4.       Where a Traffic Management Plan is deemed required by Council, Local Traffic Committee advice is sought for the event Traffic Management Plan prior to approval of traffic control devices.  This includes a Risk Management Plan and Traffic Control Plan/s.  The following traffic control conditions shall also be observed:

a.       Traffic Control Plans to include a map indicating any alternative routes required for traffic detours.

b.       Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites.

c.       All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

d.       Temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event.  Where local council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

e.       Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons.

5.       Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner.

6.       Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7.       Community and affected business consultation including adequate response/action to any raised concerns.

8.       Arrangements made for private property access and egress affected by the event.

9.       The event organiser notifies local community of the impact of the event/s by advertising in the local paper/s a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

10.     That the applicant organise for the events to be listed on Coffs Harbour City Council website.

 

T.67 - Proposed Charity Ride - Tour de Coffs - 22-24 October 2016  5407538

That approval be given for the Tour de Coffs charity ride on 22-24 October 2016, subject to the following conditions:

1.         Police approval be sought.

2.         No obstruction to is caused to the movement of pedestrian or vehicular traffic.

3.         Riders to comply with current NSW Road Rules.

4.         The organisers are responsible for the installation and removal of warning signage.

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

Carried

 

 

Trust Reports

 

T16/10 TRUST REPORT - Coffs Coast State Park Trust and Woolgoolga Beach Reserve Trust Certification of Annual Financial Statements 2015-16

 

EXECUTIVE SUMMARY

Draft financial statements to be certified to meet legislative requirements in relation to the completion and audit of the Coffs Coast State Park Trust and Woolgoolga Beach Reserve Trust (dissolved) annual Financial Statements for 2015-16.

 

2016/210

Resolved (Cr Rhoades / Cr Amos)

That Council as Corporate Manager of the Coffs Coast State Park Trust, approve for completion by the designated signatories, the Trust and Management forms for the 2015-16 Coffs Coast State Park Trust and Woolgoolga Beach Reserve Trust (dissolved) Special Purpose Financial Statements.

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

Carried

 

 

 

T16/11 TRUST REPORT - Lease to Council - Woolgoolga Community Centre - Reserve 1002841

 

EXECUTIVE SUMMARY

Council is the Corporate Manager of the Reserve Trust for Reserve No. 1002841, being the property where the Woolgoolga Library and Croquet Club are located.  A lease has been in place from the Trust to Coffs Harbour City Council over the whole reserve; howver, this lease expired on 31 December 2013.

 

A new lease is now sought in order to continue secure tenure for the Woolgoolga Library and other community users on the site.

 

2016/211

Resolved (Cr Strom / Cr Townley)

That Council as Corporate Manager of the Reserve Trust:

1.     Approves a lease for a further 20 year term to Coffs Harbour City Council for Reserve No. 1002841 encompassing Lots 115 and 126 in DP 752853 and Lot 7036 in DP 1054583;

2.     Authorises the execution of the lease by the General Manager under the common seal of Council; and

3.     Agrees that relevant sub-tenures for other occupants on the property be entered into by Council as appropriate.

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

Carried

 

MATTERS OF AN URGENT NATURE

No matters of an urgent nature.

 

CLOSE OF MEETING

 

The Meeting closed at 6.02pm.

 

Confirmed:  27 October 2016

 

 

 

 

……………………………

Denise Knight

Mayor