Ordinary Council Meeting Minutes                                                       22 March 2018

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON
Thursday, 22 March 2018 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

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.

 

The Mayor presented Cr Swan with her plaque for winning the Minister’s Award for 2018 Women in Local Government, category Elected Representative from a Rural or Regional Council Award.

Disclosure of Interest

No disclosures of interest.

Apologies

No apologies.

Public Addresses

No public addresses.

Public forum

No public forums.

 

Motion

2018/51

Resolved (Cr Denise Knight / Cr George Cecato)

That item MM18/01 be referred to Closed Session for confidential discussion.

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

Carried

 

Mayoral Actions Under Delegated Authority

No Mayoral actional under delegated authority.

 

Confirmation of Minutes

2018/52

Resolved (Cr John Arkan / Cr Jan Strom)

That the minutes of the Ordinary Meeting held on 8 March 2018 be confirmed.

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

Carried

 

Notices of Motion – General

 

NOM18/01      December 2018 Council Meeting Date

2018/53

Resolved (Cr Denise Knight / Cr Jan Strom)

"That the last Council meeting for 2018 be rescheduled from 13 December 2018 to 6 December 2018."

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

Carried

 

General Manager's Reports

 

GM18/06         Service Partnership with Service NSW

 

Executive Summary

This report provides background information and seeks support to enter into a partnership with Service NSW to deliver the Easy to Do Business program within the Coffs Harbour LGA.  The program aims to streamline the processes of opening a new cafe, restaurant or small bar business and requires a resolution of Council to proceed.

2018/54

Resolved (Cr Sally Townley / Cr George Cecato)

That Council:

1.        Delegate authority to the General Manager to enter into a contract with Service NSW for the Easy to Do Business program; and

2.        Delegate authority to the General Manager to execute any necessary documents under the Common Seal of Council.

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

Carried

 

 

GM18/07         Joint Organisation Membership

 

Executive Summary

Council initially considered a report on 8 February 2018 which proposed that Coffs Harbour City Council resolve to join a Joint Organisation (JO) following the passing of enabling legislation in late 2017.  At this time, Council resolved to seek an extension of time to consider this matter further and also resolved that a briefing be held on the subject matter.  Subsequently an extension of time through to 23 March 2018 was granted to all regional NSW councils.  A briefing was held on 19 February 2018.

This report contains much of the information that was presented in report GM18/01 and also provides some further information that has become available since that earlier report was prepared.

This report also sets out the process and a formal recommendation to enable Council to participate in the establishment of a Joint Organisation.  Whilst the recommendation in this report suggests the establishment of a JO based on the area covered by the current MIDROC area, the Options section of the report provides detail of what may be required to enable other options to be pursued by Council should it wish.

2018/55

Resolved (Cr Sally Townley / Cr Tegan Swan)

In accordance with Part 7 of Chapter 12 of the Local Government Act 1993 (Act), the Coffs Harbour City Council (Council) resolves:

1.        That the Council inform the Minister for Local Government (Minister) of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation (Joint Organisation) in accordance with this resolution.

2.        To approve the inclusion of the Council’s area in the Joint Organisation area.

3.        That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:

3.1      Bellingen Shire Council

3.2      Clarence Valley Council

3.3      Nambucca Shire Council

4.        That, on the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister:

4.1      with a copy of this resolution including the date on which Council made this resolution, and

4.2      inform the Minister that this resolution has not been rescinded, for the purpose of the Minister issuing a certificate under section 400P of the Act.

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

Against:  Crs Cecato and Strom

Carried

 

 

 

GM18/08         Draft Regulations for Joint Organisations

 

Executive Summary

The NSW Office of Local Government (OLG) has released a draft of the Local Government (General) Amendment (Regional Joint Organisations) Regulation 2018 for consultation.

The Draft Regulation in applying some sections of the Local Government Act and not others in general terms seems to be unnecessarily prescriptive.  In particular, the intention to exclude provisions conferring land acquisition powers from applying to joint organisations (JOs) has the potential to constrain the operations of JOs.

In the drafting of local government legislation in NSW, often the outcome is quite prescriptive in nature rather than achieving an enabling outcome, probably described as being risk averse.  This often prevents an innovative, fresh approach to the task at hand.

2018/56

Resolved (Cr Michael Adendorff / Cr George Cecato)

That Council make a submission to the NSW Office of Local Government on the Draft Local Government (General) Amendment (Regional Joint Organisations) Regulation 2018:

1.        That the proposal to exclude provisions conferring land acquisition powers from applying to joint organisations is not supported for the reason that those powers may be required where councils and the JO agree on the JO carrying out particular functions as a delegate of the councils.

2.        That in general terms the preferred approach to the regulations for Joint Organisations should be to apply the provisions of the Local Government Act and the Local Government (General) Regulation except where those provisions are specifically supplanted by the provisions of the Joint Organisation Act and Regulation.

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

Against:  Cr Strom

Carried

 

Notices of Motion – Business Services

 

NOM18/02      Qantas Training Academy

 

Motion (Cr John Arkan / Cr Paul Amos)

"That a report be brought back to council, as to the viability of attracting the Qantas training academy / school to Coffs Harbour; noting the requirements to put in a bid."

During debate Cr Adendorff requested the wording be changed to the following:

"That a report be brought back to council, as to the viability and potential social impacts of attracting the Qantas training academy / school to Coffs Harbour; noting the requirements to put in a bid."

The Mayor asked Councillors if they had any objection to the change to the original motion.

No objections were received.

2018/57

Resolved (Cr John Arkan / Cr Paul Amos)

"That a report be brought back to council, as to the viability and potential social impacts of attracting the Qantas training academy / school to Coffs Harbour; noting the requirements to put in a bid."

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

Carried

Directorate Reports - Business Services

 

BS18/10          Bank and Investment Balances for February 2018

 

Executive Summary

Council’s Bank Balances and Investments as at 28 February 2018 totalled $205,997,936.49.  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 investments broken down into Fossil Fuel Lending Authorised Deposit Taking institutions (ADIs) and Non Fossil Fuel Lending ADIs (refer attachment).

2018/58

Resolved (Cr Jan Strom / Cr Paul Amos)

That Council note the bank balances and investments totalling $205,997,936.49 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 28 February 2018.

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

Carried

 

 

 

BS18/11          Monthly Financial Performance Report for the month ended 28 February 2018

 

Executive Summary

This report presents the monthly financial performance report for 28 February 2018.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.

2018/59

Resolved (Cr Jan Strom / Cr Paul Amos)

That Council note the monthly financial performance report for 28 February 2018, including the following Consolidated Income Statement.

CONSOLIDATED INCOME STATEMENT as at 28 February 2018:

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Year to Date Budget

2017/18 Year to Date Actuals

Recurrent Revenue

‘000s

  ‘000s

‘000s

‘000s

Rates & Annual Charges

94,845

93,814

93,814

93,332

User Charges & Fees

30,750

30,641

20,484

22,217

Interest & Investment Revenue

5,140

  5,221

3,302

4,549

Other Revenues

15,171

15,195

9,564

5,617

Grants & Contributions provided for Operating Purposes

12,620

10,846

 

6,608

7,798

RECURRENT REVENUE

158,526

155,717

 

133,772

133,513

 

 

 

 

 

Recurrent Expenditure

 

 

Employee Benefits & Oncosts

48,718

48,358

32,370

33,613

Borrowing Costs

10,621

10,621

5,464

5,452

Materials & Contracts

117,366

140,215

61,013

54,940

Depreciation & Amortisation

46,170

38,907

25,938

25,956

Other Expenses

1,667

  12,794

8,551

4,614

 

Less: Capitalised Expenses

(58,482)

(89,912)

 

(31,976)

(28,601)

RECURRENT EXPENDITURE

166,060

160,983

 

101,360

95,974

NET OPERATING (DEFICIT) / SURPLUS

(7,534)

  (5,266)

 

32,412

37,539

 

 

 

 

 

Capital Revenue

 

 

 

 

Capital Grants, Subsidies, Contributions and Donations

25,793

34,522

 

11,544

12,675

CAPITAL REVENUE

25,793

34,522

 

11,544

12,675

NET SURPLUS

18,259

29,256

 

43,956

50,214

 

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

Carried

 

 

 

BS18/12          Property Strategy 2018-2021

 

Executive Summary

The Property Strategy 2018-2021 provides Council for the first time a comprehensive approach to reviewing, managing and improving the suitability of Council’s property portfolio.  The strategy will provide strategic guidance to Council and Council staff in the pursuit of better practice property management.

The draft strategy was endorsed by Council for public exhibition at its meeting on 7 December 2017.  The draft strategy was exhibited for the period 11 December 2017 until 16 February 2018 with one submission received.  The final Property Strategy 2018-2021 (Attachment 1) is now presented to Council and recommended for adoption.

2018/60

Resolved (Cr Jan Strom / Cr George Cecato)

That Council:

1.        Adopt the Property Strategy 2018-2021 (Attachment 1); and

2.        Write to those who made a submission advising them of the outcome of their submission.

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

Carried

 

BS18/13          Coffs Harbour Development Control Plan Amendment 7 (Draft West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan Review

 

Executive Summary

The objective of the report is to obtain Council approval to place Coffs Harbour Development Control Plan (DCP) Amendment 7 (draft West Woolgoolga Chapter G14) and draft West Woolgoolga Developer Contributions Plan 2018 on public exhibition.

2018/61

Resolved (Cr Jan Strom / Cr Michael Adendorff)

That Council endorse the placement of Coffs Harbour DCP Amendment 7 (draft West Woolgoolga Chapter G14) and draft West Woolgoolga Developer Contributions Plan 2018 on public exhibition for a period of 28 days.

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

Carried

 

 

BS18/14          Hearnes Lake/Sandy Beach Release Area Developer Contributions Review

 

Executive Summary

The objective of the report is to obtain Council approval to place the draft Hearnes Lake / Sandy Beach Release Area Developer Contributions Plan 2018 on public exhibition.

2018/62

Resolved (Cr Michael Adendorff / Cr Paul Amos)

That Council endorse the placement of the draft Hearnes Lake / Sandy Beach Release Area Developer Contributions Plan Review 2018 on public exhibition for a period of 28 days.

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

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC18/11          Draft Local Biodiversity Offsets Policy

 

Executive Summary

The draft Biodiversity Offsets Policy was exhibited from 20 September to 18 October 2017.

However, the introduction of the Biodiversity Conservation Act 2016 has resulted in amendments to the draft policy being required.  To ensure transparency, it is proposed to re-exhibit the draft policy, renamed to Local Biodiversity Offsets Policy.

2018/63

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council

1.        Re-exhibit the updated draft Local Biodiversity Offsets Policy for a minimum period of 28 days (Attachment 1).

2.        Note that a further report will be brought back to Council for consideration following the public exhibition of the draft Local Biodiversity Offsets Policy.

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

Carried

REQUESTS FOR LEAVE OF ABSENCE

No requests for leave of absence.

questions on notice

No questions on notice.

Matters of an Urgent Nature

 

MUN18/03      E2 Zoning in the LGA

 

Cr Rhoades questioned whether Council is currently reviewing the E2 Zoning in the LGA and raised the issue of the devastation that was caused in Tathra due to bushfires from environmentally zoned bushland.

 

CLOSED SESSION – SECTION 10A

The Mayor requested a motion to close the meeting to consider item MM18/01 General Manager’s Contract Renewal, the time being 5.47pm.

 

 

Motion

2018/64

Resolved (Cr Denise Knight / Cr Jan Strom)

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

 

MM18/01 – General Manager’s Contract Renewal

This report was confidential for the reason of Section 10A(2) of the Local Government Act, 1993:

(a)     personnel matters concerning particular individuals (other than councillors):

 

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

Carried

 

The staff, press and public vacated the Chamber.

 

Mayoral Minute

 

MM18/01        GENERAL MANAGER’S CONTRACT RENEWAL

 

DESCRIPTION OF ITEM

The General Manager has sought renewal of his contract in accordance with Clause 5.1 of the Standard Contract of Employment of General Managers of Local Councils in New South Wales that being within nine (9) months before the expiry date of the contract.

2018/65

Resolved (Cr Denise Knight)

Option 2: Renew the standard contract for a further four (4) years.

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

Against:  Crs Strom and Townley

Carried

OPEN MEETING

The Mayor requested an appropriate motion to enable the meeting to resolve into Open Meeting, the time being 7.21pm.

 

 

Motion

2018/66

Resolved (Cr John Arkan / Cr Jan Strom)

That Council move into Open Session.

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

Carried

 

The Mayor requested a short break while the Mayor and Deputy Mayor presented the resolution of Council to the General Manager, the time being 7.22pm, the meeting resumed at 7.29pm.

 

The Mayor read to the meeting the resolution of the Closed Session.

 

 

Motion

2018/67

Resolved (Cr Denise Knight / Cr George Cecato)

That the resolution 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 7.35pm.

 

Confirmed:  12 April 2018

 

 

 

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

Denise Knight

Mayor