Ordinary Council Meeting Minutes                                           14 September 2017

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 14 September 2017 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

 

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

Councillor

Items

Type of Interest

Cr Tegan Swan

T17/17 Trust Report – Lease Renewals at Coffs Harbour Community Village

Pecuniary interest as she is employed by a tenant of the village.

Cr Denise Knight

T17/16 Trust Report – Expression of Interest EOI-831-TO – Short Term Use of Former Deep Sea Fishing Club Site

Non-Pecuniary - Less Than Significant Conflict as she is currently on the Library and Gallery Planning Advisory Group  355 Committee.

Cr Denise Knight

GM17/17 – Council Committees – Appointment of Members and Approval of Terms of Reference

Non-Pecuniary - Less Than Significant Conflict as she is currently on the Australia Day Committee.

 

Apologies

2017/193

Resolved (Cr John Arkan / Cr Sally Townley)

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

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

Carried

 

Public Addresses

No public addresses.

 

Public forum

No public forums.

 

Mayoral Actions Under Delegated Authority

No Mayoral actions under delegated authority.

 

Confirmation of Minutes

2017/194

Resolved (Cr George Cecato / Cr Michael Adendorff)

That the minutes of the Ordinary Meeting held on 24 August 2017 be confirmed.

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

Carried

 

General Manager's Reports

 

GM17/16         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 changes to the Local Government Act to consider changes to this custom and practice.

 

2017/195

Resolved (Cr John Arkan / Cr Paul Amos)

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

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

Carried

The General Manager in performing the role of the returning officer advised the meeting that only one nomination was received, that being Councillor Cecato.  There being only one nomination for the role of Deputy Mayor, Councillor Cecato was declared elected to the position of Deputy Mayor for the 12 month term commencing September 2017.

 

 

GM17/17         Council Committees - Appointment of Members and Approval of Terms of References

 

Executive Summary

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

 

2017/196

Resolved (Cr Tegan Swan / Cr John Arkan)

That Council:

1.         Appoints the following to the Multicultural Advisory Committee:

1.1.     Andria Jones

1.2.     Cing Thatmun

1.3.     Jorgette Sonter

1.4.     Cheryl Nolan

2.         Appoints Vicki Marie to the Disability Inclusion and Access Advisory Committee

3.         Endorses the Terms of Reference for the Australia Day Committee and the Multicultural Advisory Committee.

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

Carried

 

 

 

GM17/18         Policy Review 2017

 

Executive Summary

It is a requirement of s165 Local Government Act to review all policies within 12 months of a local government general election.  This report presents the next group of Council’s policies that are ready for re-adoption following review.

 

2017/197

Resolved (Cr Paul Amos / Cr Tegan Swan)

That Council adopts the following policies as part of the 2017 policy review:

1.         Climate Change Policy

2.         Coastal Works - Quality, Safety and Environment Policy

3.         Community Engagement Policy

4.         Construction Works by Private Individuals on Public Roads Policy

5.         Creek Bank Erosion in Urban Streams Policy

6.         Donations Policy

7.         Driveway and Pipe Culvert Access Crossings Policy

8.         Injury Management and Recover at Work Policy

9.         Laneways - Closure and Sale Policy

10.      Liquid Trade Waste Policy

11.      Rates and Charges - Pensioner Concession Policy

12.      Recycled Water Quality Policy

13.      Roadside signage Policy

14.      Sustainability Policy

15.      Water Carters Policy

16.      WHS, Environment and Quality Policy

17.      Workplace Surveillance Policy

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

Carried

 

GM17/19         New Council Policies

 

Executive Summary

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.  The following table provides detail of the new policies that are ready for adoption.

 

2017/198

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council adopts the following policies:

1.         Debt Recovery Policy

2.         Water Meter and Service Downsizing Policy

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

Carried

 

 

 

GM17/20         2017 Local Government NSW Conference - Voting Delegates and Submitting Motions

 

Executive Summary

Council is required to nominate it’s authorised voting delegates in preparation for attendance and voting at the 2017 Local Government NSW Annual Conference.  The process as it relates to the submission of motions for consideration at the Conference is also outlined.

 

2017/199

Resolved (Cr Sally Townley / Cr George Cecato)

That:

1.         Council authorise the list contained in 1.1-1.5 below as the priority list for allocation of voting delegate status, noting that the notification from LGNSW will ultimately determine the number of Coffs Harbour City Council voting delegates;

1.1.     Councillor Knight

1.2.     Councillor Arkan

1.3.     Councillor Townley

1.4.     Councillor Swan

1.5.     Councillor Amos

2.         Councillors wishing to propose motions for consideration by Council for inclusion on the LGNSW Conference Business Paper are to submit any such motions to the General Manager by close of business Friday 15 September 2017.

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

Carried

 

 

 

GM17/21         Organisation Structure - Statutory Review post Ordinary Council Election

 

Executive Summary

The Local Government Act 1993 requires each council in NSW to re-determine its organisation structure within 12 months of an ordinary election (i.e. within 12 months of September 2016).

 

Coffs Harbour City Council has reviewed and determined its organisation structure over the years, with the most recent review adopted in August 2014 resulting in a major change program for the organisation.  One of the underlying principles applied in the August 2014 restructure was for there to be no reduction in levels of service to the community.  The restructure has challenged the organisation to think, work, manage and lead differently whilst delivering approximately $3.2m per annum ongoing operational savings, ideally targeted for expenditure on infrastructure renewal.

 

Given the major change that the organisation has been through over the last couple of years, the financial result delivered and the fact that Council’s improvement strategies have seen the State Government declare Coffs Harbour City Council Fit for the Future, it is not proposed that the organisation structure be altered at this time.

 

The organisation structure needs to be effectively a living thing, with regular reviews to ensure it remains fit for purpose in delivering on the strategic direction of the Council and remains relevant in the context of the Community Strategic Plan.  The Executive will therefore continue to monitor the effectiveness of the organisation structure.

 

2017/200

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.         In accordance with Section 333 of the Local Government Act 1993, adopt the organisation structure identified within Attachment 1 of the attachments to this report;

2.         In adopting the structure, as outlined in (1) above, determine that the positions within the organisation structure that are senior staff positions in accordance with Section 332 of the Local Government Act 1993 are: Director Business Services, Director Sustainable Infrastructure and Director Sustainable Communities.

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

Carried

 

 

 

 

 

Directorate Reports - Business Services

 

BS17/32          Monthly Financial Performance Report for the month ended 31 July 2017

 

Executive Summary

This report presents the monthly financial performance report for 31 July 2017.  The report provides information on the actual to budget position at the financial statement level for the current financial year.

 

2017/201

Resolved (Cr Tegan Swan / Cr Paul Amos)

That Council note the monthly financial performance report for 31 July 2017, including the following Consolidated Income Statement.

CONSOLIDATED INCOME STATEMENT as at 31 July 2017:

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Actuals

Recurrent Revenue

‘000s

‘000s

‘000s

Rates & Annual Charges

94,845

94,845

94,218

User Charges & Fees

30,750

30,750

1,301

Interest & Investment Revenue

5,140

  5,140

846

Other Revenues

15,171

15,171

1,383

Grants & Contributions provided for Operating Purposes

12,620

12,620

130

 

 

 

 

RECURRENT REVENUE

158,526

158,526

97,878

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

48,718

48,718

4,197

Borrowing Costs

10,621

10,621

(109)

Materials & Contracts

117,366

117,366

5,843

Depreciation & Amortisation

46,170

46,170

3,848

Other Expenses

1,667

1,667

297

 

 

 

 

 

 

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Actuals

Less: Capitalised Expenses

(58,482)

(58,482)

(2,379)

 

 

 

 

RECURRENT EXPENDITURE

166,060

166,060

11,697

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

(7,534)

  (7,534)

86,181

 

 

 

 

Capital Revenue

 

 

 

Capital Grants, Subsidies, Contributions and Donations

25,793

25,793

248

 

 

 

 

CAPITAL REVENUE

25,793

25,793

248

 

 

 

 

NET SURPLUS

18,259

18,259

86,429

 

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

Carried

 

 

 

BS17/33          Release of Council Easements for Drainage - Lot 1 DP 796866, Lot 1 DP 421199, Lot 4 Section 8 DP 758258 and Lot 6 DP 721353

 

Executive Summary

The purpose of this report is to obtain formal Council approval to release a number of drainage easements affecting the Coffs Central shopping centre that are surplus to Council requirements.

 

2017/202

Resolved (Cr George Cecato / Cr John Arkan)

That Council:

1.         Agree to release the following Council easements for drainage as described in this report, being:

a.      Easement for drainage 4.57 wide created by H899139 affecting Lots 1 DP 796866 and Lot 1 DP 421199;

b.      Easement for drainage variable width created by DP 721353 affecting Lot 6 DP 721353; and

c.      Easement for drainage 4.5 wide and variable width created by DP 116694 affecting Lot 4 Section 8 DP 758258.

2.         Authorise the execution under seal of the required legal documents to facilitate this matter.

3.         Agree that all costs associated with this matter be borne by the owner of the lots in question.

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

Carried

 

BS17/34          Acquisition of Easement For Water Supply – Lot 108 DP 776934, 14 Willis Road, Woolgoolga.

 

Executive Summary

Council recently completed the construction of a new 150mm, underground water main connecting Willis Road to Hearnes Lake to provide a secondary water supply to future and existing developments in this area to the south of Woolgoolga.  The project will ensure the continuity of supply to this locality.  As part of the project, an easement is now required over Lot 108 DP 776934 upon which Council has no current tenure to protect the new work.  Recent negotiations with the owner of the lot has resulted in Council agreeing in principle to an amount of compensation on the basis Council is responsible for all reasonable costs.

 

2017/203

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.         Authorise an agreed payment (as referred to in confidential attachment ATT2) to the owner of Lot 108 DP 776934, 14 Willis Road, Woolgoolga as compensation for an easement for water supply 5 metres wide being transferred to Council over the property as described in this report.

2.         Authorise payment of all costs associated with the acquisition, including reasonable legal expenses, survey, mortgage consent fees and registration expenses.

3.         Execute all documents necessary to facilitate the matter under the common seal of Council.

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

Carried

 

 

 

BS17/35          Boundary Adjustment Affecting Council Land Known as Lot 703 DP 1182286 at Rovere Drive, Coffs Harbour

 

Executive Summary

The purpose of this report is to obtain formal Council approval to complete a boundary adjustment between Councils land known as 703 DP 1182286 and an adjoining development site privately owned which has approval for a residential subdivision.  This report presents the details and terms of the proposed boundary adjustment for Council’s consideration.

 

2017/204

Resolved (Cr George Cecato / Cr Tegan Swan)

That Council:

1.         Agree to the boundary adjustment as described in this report affecting Lots 702 and 703 DP 1182286 at Coffs Harbour.

2.         Agree to the amount of compensation detailed in the confidential attachment to this report which is to be paid to Council for the impact on its land caused by the boundary adjustment.

3.         Execute under seal the required legal documents to facilitate this matter.

4.         Agree that all costs associated with the matter be borne by the private owners of Lot 702 DP 1182286.

5.         Agree to classify the land being transferred to Council as Operational Land under the provisions of the Local Government Act 1993.

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

Carried

Notices of Motion – Sustainable Communities

 

NOM17/15      Review the Current Coffs Harbour DCP 2015 - Clarification of Maximum Size of a Shed/Ancillary Development that can be Built in a Residential Area

2017/205

Resolved (Cr Denise Knight / Cr John Arkan)

"That Council review the current Coffs Harbour DCP 2015 in order to clarify the maximum size of a shed/ancillary development that can be built in a Residential area."

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

Carried

 

 

 

NOM17/16      Funding for Comprehensive Feasibility Study for the Development of City Hill as a Major Cultural Complex

 

"That Council as the landowner provide a letter of support in respect of an application by the Rotary Club of Coffs Harbour City Inc., seeking the necessary funding to meet the cost of a comprehensive Feasibility Study for the development of City Hill as a major cultural complex."

The Notice of Motion was withdrawn.

 

Directorate Reports - Sustainable Communities

 

SC17/50          Performance Review of Coffs Harbour Development Control Plan 2015

 

Executive Summary

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 29 September 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). It has not been updated since its inception.

The purpose of this report is to undertake Council’s first “housekeeping” performance review of DCP 2015, to support the ongoing effective implementation of the DCP. The proposed amendments will make the DCP clearer and easier to use, and will help Council in meeting its intended planning outcomes. This report seeks Council’s endorsement to publicly exhibit draft amendments to DCP 2015 as shown in Attachment 1.

 

2017/206

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.         Endorse and publicly exhibit the proposed draft amendments to Coffs Harbour Development Control Plan 2015 (Attachment 1) for a minimum period of 28 days.

2.         Endorse the use of Council’s on-line mapping system for Coffs Harbour Development Control Plan 2015 maps and apply formal updates on an evolving basis in response to amendments to Coffs Harbour Local Environmental Plan 2013.

3.         Note that a further report will be brought back to Council for consideration following the public exhibition of the draft amendments to Coffs Harbour Development Control Plan 2015.

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

Carried

TRUST REPORTS

 

Motion

2017/207

Resolved (Cr Denise Knight / Cr Sally Townley)

That itemT17/16 Trust Report – Expression of Interest EOI-831-TO – Short Term Use of Former Deep Sea Fishing Club Site be referred to Closed Session at the end of the meeting.

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

Carried

 

Cr Tegan Swan declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 5.20 pm.

 

 

T17/17 TRUST REPORT - Lease Renewals at Coffs Harbour Community Village

 

Executive Summary

The Coffs Harbour Community Village is located on Crown Reserve 140058 (being lot 102 DP 1058414) Earl Street, Coffs Harbour.  Coffs Harbour City Council has care control and management of the Reserve in accordance with the provisions of the Crown Lands Act 1989.

 

Leases over the tenures at the Coffs Harbour Community Village have now expired and during the negotiation period with prospective lessees, there have been some changes in community organisations represented and their individual space requirements.

 

Appropriate space requirements by community organisations have been investigated, and an external rental valuation has been undertaken with specific corelation to a reviewed Community Village structure.  Rental has been negotiated in line with this, and approval is now being sought from Council as Corporate Manager of the Coffs Harbour Community Village Reserve Trust (R140058) to enter into new three year leases to secure tenure with all occupants.

 

 

Motion (Cr George Cecato / Cr Paul Amos)

That Council, as Corporate Manager of the Coffs Harbour Community Village Reserve Trust (R140058):

1.         Agrees to proceed with the negotiated leases for occupancy of premises within the Coffs Harbour Community Village Reserve.

2.         Authorises any necessary documents required to give effect to the leases for premises within Coffs Harbour Community Village Reserve (R140058) to be executed under delegated authority.

 

Amendment

2017/208

Resolved (Cr Sally Townley / Cr Keith Rhoades)

That item T17/17 Trust Report – Lease Renewals at Coffs Harbour Community Village be referred to Closed Session at the end of the meeting.

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

It then became the MOTION and on being put to the meeting was carried unanimously.

Carried

 

At 5:22 pm, Cr Tegan Swan returned to the meeting.

REQUESTS FOR LEAVE OF ABSENCe

No requests for leave of absence.

 

QUESTIONS ON NOTICE

No questions on notice.

 

Matters of an Urgent Nature

No matters of an urgent nature.

 

CLOSED SESSION – SECTION 10(A)

The Mayor requested a motion to close the meeting to consider a confidential report as outlined in the meeting agenda, the time was 5.25 pm.

 

Motion

2017/209

Resolved (Cr Tegan Swan / Cr Michael Adendorff)

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

-       T17/16 Trust Report – Expression of Interest EOI-831-TO – Short Term Use of Former Deep Sea Fishing Club Site

-       T17/17 Trust Report – Lease Renewals at Coffs Harbour Community Village

These reports were confidential for the reason of Section 10A(2):

(d)    Contained commercial information of a confidential nature that would, if disclosed:

(i)  prejudice the commercial position of the person who supplied it.

(ii) confer a commercial advantage on a competitor of the council.

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

Carried

 

The press and public vacated the Chamber.

 

T17/16   TRUST REPORT - Expression of Interest EOI-831-TO - Short Term Use of Former Deep Sea Fishing Club Site

 

Executive Summary

Council, as Corporate Manager of the Coffs Coast State Park Trust, resolved on 25 May 2017 to undertake an Expression of Interest for short term use, up to three (3) years, for the former Deep Sea Fishing Club facility.  This report provides a short list of respondents for further consideration by the Trust as per the resolution of 27 April 2017. An initial assessment is included in Confidential Attachment 4 for the Trust’s consideration.

 

2017/210

Resolved (Cr Michael Adendorff / Cr George Cecato)

That Council, as Corporate Manager of the Coffs Coast State Park Trust, undertake an assessment of the shortlisted Expression of Interest for Short Term Use of the Former Deep Sea Fishing Club site.

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

Carried

 

SUPPLEMENTARY Motion

2017/211

Resolved (Cr Michael Adendorff / Cr John Arkan)

That Council, as Corporate Manager of the Coffs Coast State Park Trust:

1.         Acknowledge that there is only one conforming expression of interest in occupying the former Deep Sea Fishing Club and also in acknowledging the preliminary assessment undertaken by Council officers, authorise the General Manager to enter into further negotiations with Community Care Options Limited with the intent to issue a short term lease of no more than three (3) years for use of the Former Deep Sea Fishing Club facility.

2.         Require that the short-term lease is strictly for 3 years only, with no option period and no holding over.

3.         Require that the EOI for a long-term lease be commenced as soon as possible and advertised to the broader community.

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

Carried

 

Cr Tegan Swan declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 5.46 pm and did not return to the meeting.

 

 

T17/17   TRUST REPORT - Lease Renewals at Coffs Harbour Community Village

 

Executive Summary

The Coffs Harbour Community Village is located on Crown Reserve 140058 (being lot 102 DP 1058414) Earl Street, Coffs Harbour.  Coffs Harbour City Council has care control and management of the Reserve in accordance with the provisions of the Crown Lands Act 1989.

 

Leases over the tenures at the Coffs Harbour Community Village have now expired and during the negotiation period with prospective lessees, there have been some changes in community organisations represented and their individual space requirements.

 

Appropriate space requirements by community organisations have been investigated, and an external rental valuation has been undertaken with specific corelation to a reviewed Community Village structure.  Rental has been negotiated in line with this, and approval is now being sought from Council as Corporate Manager of the Coffs Harbour Community Village Reserve Trust (R140058) to enter into new three year leases to secure tenure with all occupants.

 

 

Motion

2017/212

Resolved (Cr John Arkan / Cr Sally Townley)

That Council, as Corporate Manager of the Coffs Harbour Community Village Reserve Trust (R140058):

1.         Agrees to proceed with the negotiated leases for occupancy of premises within the Coffs Harbour Community Village Reserve.

2.         Authorises any necessary documents required to give effect to the leases for premises within Coffs Harbour Community Village Reserve (R140058) to be executed under delegated authority.

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

Carried

In response to a query from Cr Townley, the Director Business Services confirmed that the new rental for Mid Coast Communities included an enlarged area previously occupied by Abcare Coffs Harbour and that the annual rents for tenants increase each year by CPI.

 

OPEN MEETING

The Mayor requested an appropriate motion to enable the meeting to resolve into Open Meeting.

 

Motion

2017/213

Resolved (Cr Denise Knight / Cr John Arkan)

That the Council move into Open Session.

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

Carried

 

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

 

 

Motion

2017/214

Resolved (Cr Paul Amos / Cr George Cecato)

That the resolutions of the Closed Session be adopted.

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

Carried

 

 

Close of Meeting

The Meeting closed at 5.55pm.

 

Confirmed:  28 September 2017

 

 

 

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

Denise Knight

Mayor