Coffs Harbour City Council

03 November 2021

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 11 November 2021

 

The meeting commences at 5.00pm and your attendance is requested.

 

 

AGENDA

 

1.         Opening of Ordinary Meeting

2.         Acknowledgment of Country

3.         Disclosure of Interest

4.         Apologies

5.         Leaves of Absence

6.         Confirmation of Minutes

7.         Rescission Motion

8.         General Manager’s Reports

9.         Directorate Reports – Business Services

10.      Directorate Reports – Sustainable Communities

11.      Directorate Reports – Sustainable Infrastructure

12.      Consideration of Confidential Items (if any)

13.      Close of Ordinary Meeting

 

 

 

Andrew Beswick

Acting General Manager

 

 


Order of Business

 

 

General Manager's Reports

GM21/24         2020-2021 Audit and Risk Committee Annual Report to Council....... 3

GM21/25         2020-2021 Code of Conduct Complaint Statistics Report................. 12

Directorate Reports - Sustainable Infrastructure

SI21/29           Traffic Committee Meeting 27 August 2021............................................. 16


GM21/24      2020-2021 Audit and Risk Committee Annual Report to Council

Author:                        Group Leader Governance

Authoriser:                  General Manager

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  GM21/24  Audit and Risk Committee Annual Report to Council for 2020-2021  

 

Executive Summary

The purpose of this report is to inform Council on the activities of the Audit and Risk Committee for the financial year ending 30 June 2021.

 

RECOMMENDATION:

That Council receive and note the Audit and Risk Committee Annual Report to Council for 2020-2021 (Attachment 1).

 

Report

Description of Item:

The objective of the Audit and Risk Committee (Committee) is to provide independent assurance and assistance to Coffs Harbour City Council on risk management, controls, governance and external accountability responsibilities.

 

The Committee currently comprises three external independent members and two Councillor representatives.  The current independent members are Barry Ford, Chris Jones and Paul Tipper.  Barry Ford is the current chair of the Committee.

 

The Committee met five times in the reporting period to review internal audit reports, the internal audit program, Council’s audited financial statements and other reports requested by the Committee.

Issues:

Local Government Act 1993 s428A has been proclaimed and the mandatory risk management and internal audit framework for local councils has come into operation.  The Draft guidelines for ‘Risk Management and Internal Audit for local councils in NSW’ are once again out for consultation with submissions due by 26 November 2021.

 

There are limited impacts from the proposed draft guidelines on Council.

Options:

As this report is for noting only, no options are provided.

Sustainability Assessment:

•     Environment

There are no environmental impacts in relation to this report.

•     Social

There are no social impacts as a result of this report.

•     Civic Leadership

The purpose of the Audit and Risk Committee is to ensure transparency and accountability in local government.  For this reason, the voting members on the committee are not employed by Council.

•     Economic – Broader Economic Implications

This report has no broader economic impacts.

•     Economic - Delivery Program/Operational Plan Implications

The sitting fees for the independent Committee members are incorporated in Council’s approved Operational Plan.

Risk Analysis:

The Audit and Risk Committee provides an important legislative and best practice mechanism to monitor and mitigate organisational risks.

Consultation:

This report has been prepared in consultation with the independent members of the Audit and Risk Committee.

Related Policy, Precedents and / or Statutory Requirements:

The Internal Audit Guidelines under which this Committee operates are Director General’s guidelines for the purposes of section 23A of the Local Government Act 1993.

Implementation Date / Priority:

Not applicable.

Conclusion:

That council endorse the report on the activities of the Committee and acknowledges the valuable input from the external independent members.

 

 










GM21/25      2020-2021 Code of Conduct Complaint Statistics Report

Author:                        Group Leader Governance

Authoriser:                  General Manager

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  GM21/25  2020-2021 Code of Conduct Complaint Statistics Report  

 

Executive Summary

This report tables Council’s Code of Conduct complaint statistics report, which is required to be presented to Council in accordance with the Office of Local Government’s (OLG) Procedures for Administration of Model Code of Conduct. The attachment has also been sent to the OLG as required.

 

RECOMMENDATION:

That Council note the Code of Conduct Complaints Statistics report for 2020-2021 (Attachment 1).

 

Report

Description of Item:

The OLG’s Procedures for the Administration of the Model Code of Conduct, state that there is a requirement to report a range of Code of Conduct complaint statistics to the OLG and Council annually.  This report is due within three months of the end of September of each year.  The code of conduct complaints report submitted to the OLG is attached.

Issues:

Code of conduct complaints and their details are confidential and therefore this report only presents statistical information.  No other information regarding the complaint will be provided (eg. nature of complaint, complainant or subject person, etc).

Options:

As the report is for noting only, an options analysis is not required.

Sustainability Assessment:

•     Environment

There are no environment impacts relating to this report.

•     Social

There are no social impacts relating to this report.

•     Civic Leadership

There are no civic leadership impacts relating to this report.

•     Economic – Broader Economic Implications

There are no broader economic impacts relating to this report.

•     Economic - Delivery Program/Operational Plan Implications

The costs associated with Code of Conduct complaints are funded through Council’s Governance Services budget.  Code of Conduct complaints are difficult to budget as the number, costs and nature of each complaint varies and therefore expenditure is reactionary and mostly unplanned.

Risk Analysis:

There is no risk associated with the noting of this report.

Consultation:

Not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

This report is required in order to meet the requirements of Part 11 of the Procedures for the Administration of the Model Code of Conduct.

Implementation Date / Priority:

Nil.

Conclusion:

The report presents Council’s Annual Code of Conduct complaint statistics.

 

 





SI21/29         Traffic Committee Meeting 27 August 2021

Author:                        Senior Engineering Officer - Traffic

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      A.2 An active, safe and healthy community

Attachments:              ATT1  SI21/29    Traffic Committee Minutes 26 August 2021 LTC

ATT2  SI21/29    Traffic Instruments T.31-2021 to T.38-2021  

 

Executive Summary

The Local Traffic Committee (LTC) Meeting minutes of 26 August 2021 are presented to Council for noting. Six of the eight recommendations were items requiring action by Council (such as the installation of signage) and were of a minor nature and were therefore approved under the delegated authority issued by Council. The remaining two items were items not requiring further action by Council such as development conditions, or requests which were not supported by the LTC. The details of those items are contained in the attached minutes.

 

RECOMMENDATION:

That Council:

1.   Note the Traffic Instruments T.31–2021; T.32, T.33, T.34, T.36, and T.38-2021 (Attachment 2) which were approved under delegated authority.

2.   Note the outcomes contained in the Minutes.

 

Report

Description of Item:

Council is the recipient of delegations under the Roads Act 1993. Prior to exercising any of these delegations Council is required to seek the advice of the NSW Police and the Transport for NSW (TfNSW). The requirement to seek advice is satisfied by Council utilising the Local Traffic Committee.

In cases where the Local Traffic Committee advice is unanimous (as it was for all items covered in this report) and Council intends to follow that advice (which in this case it does), Council may authorise the implementation of the traffic facility or device which is the subject of that advice forthwith without further notifying TfNSW or the NSW Police.

Issues:

This report advises that all current matters have been dealt with by the LTC.

Options:

If Council wishes to act contrary to unanimous LTC advice, then Council must notify in writing, both the NSW Police and the TfNSW representatives on the LTC.  Council must then refrain from taking any action for 14 days so that the NSW Police or the TfNSW are given an opportunity to appeal to the Chairperson, Regional Traffic Committee should they so wish.

In the case of such an appeal, the decision of the Chairperson, Regional Traffic Committee is binding and final for matters under the Road Transport (Safety and Traffic Management) Act 1999.

Sustainability Assessment:

•     Environment

There are no environmental considerations as part of this report.

•     Social

The recommendations in the report serve to improve road safety and traffic flow in the Local Government Area.

•     Civic Leadership

Council is responsible for the safe and efficient operation of the local traffic facilities, recommended by the LTC.

Safe and efficient traffic facilities are in line with several objectives of the MyCoffs Community Strategic Plan including:

-  A.2 An Active, Safe and Healthy Community

-  C.1 Liveable neighbourhoods with a defined identity

-  D.2 We have effective use of public resources

•     Economic – Broader Economic Implications

There are no broader economic implications applicable as part of this report.

•     Economic - Delivery Program/Operational Plan Implications

No implications arise as Council has an existing budget allocation for the minor works associated with all traffic improvements which flow from the recommendations of this LTC meeting.

Risk Analysis:

No implications arise as Council has an existing budget for the minor works associated with all traffic improvements which flow from the recommendations of this LTC meeting.

Consultation:

The Local Traffic Committee members’ attendance is listed on the LTC Minutes of 26 August 2021 meeting.  Most of the matters raised were requests from the community. Relevant stakeholders were consulted.

Related Policy, Precedents and / or Statutory Requirements:

Traffic control facilities and prescribed traffic control devices may be authorised for use on a road or road related area, whether a public road or on private land, only by the TfNSW or Council.

Traffic may be regulated for various purposes by means of notices or barriers erected by a road authority.

Section 50 of the Transport Administration Act 1988 permits TfNSW to delegate its functions to other public agencies such as Local Councils.

Section 53A Part 6 permits TfNSW to give directions to councils in relation to TfNSW functions.

The Road Transport (Safety and Traffic Management) Act 1999, incorporating the Road Rules 2008 provides for a system of traffic laws relating to all vehicles and pedestrians.

Implementation Date / Priority:

Road related modifications will be listed in the works program for installation within two months of the Council meeting.

Conclusion:

It is recommended that Council notes the meeting minutes of the Local Traffic Committee Meeting on 26 August 2021 and notes that LTC Items T.31, T.32, T.33, T.34, T.36 and T.38 have been approved by the Director of Sustainable Infrastructure.