Minutes of Ordinary Council Meeting - Tuesday, 27 August 2024

Central Coast Council

Ordinary Council Meeting

Held in the Council Chamber

2 Hely Street, Wyong

27 August 2024

MINUTES

Present

Rik Hart

In Attendance

Marissa Racomelara Acting Chief Executive Officer

Boris Bolgoff Director Infrastructure Services

Matthew Corradin Acting Director Environment and Planning

Jamie Loader Director Water and Sewer

Emma Galea Acting Director Corporate Services

Melanie Smith Director Community and Recreation Services

Apology

David Farmer Chief Executive Officer

Notes

The Administrator, Rik Hart, declared the meeting open at 6:30pm and advised in accordance with the Code of Meeting Practice that the meeting was being recorded.

The Administrator shared the Acknowledgement of Country.

The Administrator updated the meeting on recent activities of Council.

Procedural Items

1.1 Disclosures of Interest

6:34pm

RESOLVED on the motion of Rik Hart:

296/24 That Council notes the report on Disclosures of Interest and the fact that no disclosures were made.

1.2 Confirmation of Minutes of Previous Meeting

6:35pm

RESOLVED on the motion of Rik Hart:

297/24 That Council confirms the minutes of the Ordinary Meeting of Council held on
23 July 2024.

1.3 Notice of Intention to Deal with Matters in Confidential Session

6:35pm

RESOLVED on the motion of Rik Hart:

298/24 That Council notes that no matters have been tabled to deal with in a closed session.

Administrator Minute

2.1 Administrator Final Report

6:36pm

RESOLVED on the motion of Rik Hart:

299/24 That the Administrator Minute be received and noted.

2.2 Central Coast Council Water and Sewer Legislative Framework Changes

6:39pm

RESOLVED on the motion of Rik Hart:

300/24 That the Administrator Minute be received and noted.

2.3 Administrator Minute - CEO Performance Review

6:42 pm

RESOLVED on the motion of Rik Hart:

Recommendation:

That Council:

301/24 Receives and notes the Performance Review report of the Chief Executive Officer (CEO) for the period 1 July 2023 to 30 June 2024 (Attachment 1) and notes the achievement overall rating of 4.05 out of possible 5.

302/24 Adopts the proposed Performance Agreement for the next Performance Agreement period from 1 July 2024 to 30 June 2025 for the CEO (Attachment 2), subject to any minor amendments by the CEO upon his return.

303/24 Resolves that the Total Remuneration Package (TRP) of the CEO remains the same.

304/24 Resolves, pursuant to section 11(3) of the Local Government Act 1993, that (Attachment 1) and (Attachment 2) to this report remain confidential in accordance with section 10A(2)(a) of the Local Government Act as it contains information regarding personnel matters concerning a particular individual. It is also noted that this is in accordance with the OLG Guidelines for the Appointment and Oversight of General Managers (August 2022).

Reports

3.1. Draft 2023-24 Financial Statements for Central Coast Council and Central Coast Council Water Supply Authority

6:44pm

RESOLVED on the motion of Rik Hart:

That Council:

305/24 Notes that the Draft Financial Statements for Central Coast Council for the year ended 30 June 2024 are presented to Council. The General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules, are included as Attachments 1, 2 and 3 to this report.

306/24 Notes the following Statement in respect of Section 413(2)(c) of the Local Government Act 1993 (LG Act) as to the 2023-24 Draft Financial Statements for Central Coast Council:

(a) Council’s 2023-24 Draft Financial Statements have been prepared in accordance with:

i. The Local Government Act 1993 and the regulations made thereunder;

ii. the Australian Accounting Standards and other pronouncements of the Australian Accounting Standards Board; and

iii. the Local Government Code of Accounting Practice and Financial Reporting.

(b) The 2023-24 Draft Financial Statements present fairly the council’s financial position and operating result for the year.

(c) The 2023-24 Draft Financial Statements are in accordance with the Council’s accounting and other records.

(d) The signatories do not know of anything that would make the 2023-24 Draft Financial Statements false or misleading in any way.

307/24 Notes that the Draft Financial Statements for Central Coast Council Water Supply Authority for the year ended 30 June 2024 are presented to Council, as Attachment 4 to this report.

308/24 Notes that the draft Financial Reports for Central Coast Council Water Supply Authority:

(a) have been prepared in accordance with the Australian Accounting Standards and other pronouncements of the Australian Accounting Standards Board.

(b) present fairly the Central Coast Council Water Supply Authority financial position and operating result for the year.

(c) are in accordance with the Central Coast Council Water Supply Authority accounting and other records.

(d) The signatories do not know of anything that would make the 2023-24 Draft Financial Statements false or misleading in any way.

309/24 Signs the “Statement by Administrator and Management” for the General Purpose Financial Statements, Special Purpose Financial Statements, and for the Financial Statements for Central Coast Council Water Supply Authority, respectively. The Statements are to be signed by the Administrator, Chief Executive Officer, and the Responsible Accounting Officer.

310/24 Resolves, for the purposes of s. 413(1) of the LG Act, to refer the 2023-24 Draft Financial Statements for Central Coast Council and the 2023-24 Draft Financial Statements for Central Coast Council Water Supply Authority for the year ended 30 June 2024 to the Audit Office of New South Wales, for external audit.

311/24 Notes that the 2023-24 Draft Financial Statements were considered by the Audit, Risk and Improvement Committee at their meeting on 22 August 2024.

312/24 Delegates to the Chief Executive Officer to set the date for the meeting to present the audited 2023-2024 financial reports, together with the auditor's reports, to the public in accordance with s418(1)(a), (b) of the LG Act.

3.2 Monthly Finance Report

6:54pm

RESOLVED on the motion of Rik Hart:

That Council:

313/24 Notes the 2023-24 FY financial results and variances from the 2023-24 financial year adopted budget.

314/24 Adopts the proposed internal cash restriction of $5M to the Emergency Loan restriction and $2.3M to the Future Projects (as at 30 June 2024) restriction.

315/24 Notes that the Future Projects restriction was reviewed as part of the revised Restricted Funds Policy adopted by Council at its meeting on 23 July 2024, and it has been renamed to Strategic Priorities restriction.

316/24 Adopts the proposed changes to capital works projects included in the 2024-25 FY adopted budget.

3.3 Monthly Investment Report July 2024

6:54pm

RESOLVED on the motion of Rik Hart:

That Council:

317/24 Notes the Investment Report for July 2024.

318/24 Allocates the required unrestricted funds available in the General Fund to meet its July 2024 interim unrestricted funds deficit in the Drainage Fund.

319/24 Notes that Restrictions have not been updated for the month of July 2024, and reporting will resume from the next Investments report to Council.

3.4 Safer Cities: Her Way - Project Evaluation

6:58pm

RESOLVED on the motion of Rik Hart:

That Council:

320/24 Notes the contents of this report and the outcomes of the Safer Cities: Her Way Project.

321/24 Notes the learnings and opportunities from the Safer Cities: Her Way Project for inclusion into future plans and strategies for Council.

3.5 Draft Public Toilet Strategy - For Public Exhibition

7:07pm

RESOLVED on the motion of Rik Hart:

That Council:

322/24 Endorses the draft Public Toilet Strategy for public exhibition for a period of no less than 28 days.

323/24 Considers a further report on the outcome of the public exhibition to finalise the Public Toilet Strategy for adoption.

3.6 Draft Update Community Land Plan of Management - For Public Exhibition

7:13pm

RESOLVED on the motion of Rik Hart:

That Council:

324/24 Gives notice of a proposed update to the Community Land Plan of Management (to be known as the Community Land POM Update) in accordance with Chapter 6 of the Local Government Act 1993.

325/24 Notes that outcomes from a program of early engagement with community representatives are incorporated in the Community Land POM Update.

326/24 Resolves to place the Community Land POM Update on public exhibition on or about Monday 23 September for a period of at least 28 days in accordance with Chapter 6 of the Local Government Act 1993.

327/24 Authorises that the relevant schedule of maps showing proposed amendments to the categorisation of land, and proposed inclusions, are also placed on public exhibition.

328/24 Authorises the Chief Executive Officer to make minor adjustments to the Community Land POM Update where required prior to the start of the period of public exhibition.

329/24 Authorises the holding of 3 or more public hearings presided over by an independent person.

330/24 Resolves that a further report be provided to Council that outlines the community feedback received during the exhibition period, provides a summary of the outcomes of the public hearings and outlines any proposed variations to the Community Land POM update after the close of community consultation.

3.7 Notification of Council Submission on State Assessed Planning Proposal - Wallarah Road and Pacific Highway Kanwal

7:19pm

RESOLVED on the motion of Rik Hart:

That Council:

331/24 Notes the staff submission to the Department of Planning, Housing and Infrastructure, as provided at Attachment 1, in response to the exhibition of the State Assessed Planning Proposal at 207-209 Wallarah Road and 755-757 Pacific Highway.

332/24 Endorse Council’s Chief Executive Officer making further representations in writing to the Minister for Planning and Public Spaces and the Minister for Transport seeking a commitment for the immediate funding and programming of the infrastructure upgrades required at the Sparks Road/Central Coast Highway Roundabout and Walker Avenue/Wallarah Road should the site be rezoned by the NSW State Government.

3.8 Proposed Classification of Public Land - 46 to 48 Ocean Beach Road, Woy Woy

7:24pm

RESOLVED on the motion of Rik Hart:

333/24 That Council gives public notice in accordance with the provisions of Section 34 of the Local Government Act 1993 (LG Act) of its intention to classify the following land when acquired as operational land, in accordance with Council’s decision of 23 July 2024:

- Lot A in DP 372116

- Lot C in DP 372116

- Lot D in DP 372116

- Lot 2 in DP 1040919

Note: The 4 lots listed are referred to as 46-48 Ocean Beach Road, Woy Woy.

334/24 That public notification starts on or about Monday 2 September 2024.

3.9 Draft Drinking Water Quality Policy - For Adoption

7:27pm

RESOLVED on the motion of Rik Hart:

335/24 That Council adopts the Drinking Water Quality Policy 2024 for implementation.

3.10 Draft Liquid Trade Waste Policy - For Adoption

7:27pm

RESOLVED on the motion of Rik Hart:

336/24 That Council adopts the Liquid Trade Waste Policy 2024 for implementation.

3.11 Draft Social Media Policy - For Public Exhibition

7:29pm

RESOLVED on the motion of Rik Hart:

That Council:

337/24 Endorses the draft Social Media Policy for public exhibition for a period of 28-days.

338/24 Considers a further report on the outcome of the public exhibition to finalise the Social Media Policy for adoption.

3.12 Alcohol Free Zones on the Central Coast - Re-establishment of Zones

7:30pm

RESOLVED on the motion of Rik Hart:

That Council:

339/24 Endorses the re-establishment of existing Alcohol-Free Zones for a period of four years as listed in the attached schedule.

340/24 Endorses the implementation of Alcohol-Free Zones in accordance with the State Government Ministerial Guidelines on Alcohol-Free Zones.

3.13 Essential Worker Housing - Draft Submission to the NSW Legislative Assembly Select Committee

7:32pm

RESOLVED on the motion of Rik Hart:

341/24 That Council endorses the draft submission to the NSW Legislative Assembly Select Committee on Essential Worker Housing.

3.14 Community Support Grant Program - June and July 2024

7:34pm

RESOLVED on the motion of Rik Hart:

That Council:

342/24 Allocates $47,529.41 (inclusive of GST where applicable) from the 2024/25 grants budget to the Community Support Grant program for the months of June 2024 and July 2024 as outlined below and in Attachment 1:

a) Central Coast Cross Country Incorporated -2025 Central Coast Cross Country season $1,725.46

b) Ettalong 50+ Leisure and Learning Centre Incorporated- Computer Training for Seniors - $4,891.00

c) RSPCA NSW - Central Coast Emergency Response Team -$1,000.00

d) Mannering Park Precinct Committee Incorporated - Precinct Matters 3 –$455.00

e) Central Coast Family History Society Inc. (CCFHS)- Premises Running and Maintenance Costs Subsidy including Rates Subsidy - $2,847.04

f) Wyong Creek Hall Literary Institute Inc.- Rates Subsidy - $465.10

g) The Entrance Men's Shed Incorporated- Replacement of Men's Shed fence - $3,179.00

h) Copacabana Community Association Incorporated - Copacabana Community Christmas Carols - $3,229.89

i) Central Coast Dolphins Touch Association- All Abilities Competition - $500.00

j) Central Coast Basketball Pickleball - Court Marking - $4,136.00

k) One Culture Ltd - One Culture Sports Connect - $3,080.00

l) Wyong District Tennis Association Incorporated - Family Tennis Days - $2,528.87

m) Central Coast Kids in Need Incorporated - Adam Molch Hillier Memorial Surf Classic - $2,110.00

n) Central Coast Hockey Incorporated - Central Coast Indoor Hockey Competition - $5,000.00

o) Coast & Country Primary Care Limited - Mental Health Artworks! Exhibition -25 years - $5,000.00

p) Warnervale Athletics Centre Incorporated - Ground fees and line markers for Warnervale Oval - $2,382.05

q) Central Coast Music and Arts Incorporated - Central Coast Ukulele Pre-Festival Event - $5,000.00

343/24 Declines the following applications, for the reasons indicated in Attachment 1:

a) The Scuba Gym Australia Limited - Scuba Therapy – application is ineligible.

b) Doggie Dates NSW Ltd - Pop ups for People and Pups – application is ineligible.

c) Cancer Patients Foundation Limited – Look Good Feel Better – application is ineligible.

d) Gosford Race Club Limited – Taste the Coast – currently being assessed in another Council Grant Program.

e) Catholic Parish of St Cecilia's Wyong - Celebration at Historical St Cecilia's Church Wyong – application is ineligible.

f) Omnia Inclusive Employment Solutions - Virtual Reality Employment Training – application is ineligible.

g) Woy Woy South P&C Association - Reading Intervention - broader community benefit is not demonstrated.

h) Coastwide Child and Family Services Incorporated – Ability Expo – application is ineligible.

i) Avoca Kayak Club Incorporated - Lake Access Pontoon - insufficient information provided to make an accurate assessment.

j) Anna Jane Forward (EcoNest Education) Sole Trader - Australian Native Food Garden Project – application is ineligible.

k) Gwandalan Public School P&C Association Incorporated - Goal Post Protectors – application is ineligible.

l) Senior Social and Friendship Club Incorporated - Promotion of our club - insufficient information provided to make an accurate assessment.

m) Wyong Neighbourhood Centre Incorporated - Regional Financial Counselling- Hospital Care - application is ineligible.

344/24 Advises the unsuccessful applicants in point 2 (above) and directs them to alternate funding sources, if relevant.

3.15 Administrator Expenses and Facilities Report - 1 January 2024 to 30 June 2024

7:35pm

RESOLVED on the motion of Rik Hart:

345/24 That Council notes the Administrator Expenses and Facilities Report for the period of 1 January 2024 to 30 June 2024.

3.16 Minutes of Advisory Group and Committee meetings held in June - July 2024

7:36pm

RESOLVED on the motion of Rik Hart:

That Council:

346/24 Notes the unconfirmed minutes of the following Advisory Group and Committee meetings that were held in June and July 2024:

a) Coastal Open Spaces – held 4 June 2024

b) Heritage and Culture Advisory Committee meeting – 24 June 2024

c) Mangrove Mountain and Spencer Advisory Committee – 13 June 2024

d) Catchments to Coast Committee – 26 June 2024

e) Water Management Advisory Committee – held 3 July 2024

f) Protection of the Environment Trust Management Committee – held 27 June 2024

g) Pedestrian Access and Mobility Advisory Committee – held 4 July 2024

3.17 Council Advisory Committees Dissolution

7:37pm

RESOLVED on the motion of Rik Hart:

That Council:

347/24 Dissolves the Advisory Committees identified in the body of the report and extends sincere appreciation to all committee members for their valuable contributions and dedication.

348/24 Notes that the newly elected Council will consider the establishment of appropriate Advisory Committees for the upcoming term.

Confidential Items

4.1 Security of Critical Infrastructure - Annual Report

7:40pm

RESOLVED on the motion of Rik Hart:

That Council:

349/24 Notes the report on the Security of Critical Infrastructure - Annual Report.

350/24 Endorses the content contained within this report to form the basis of the Annual Report; an attestation that is completed online, via prescribed fields and submitted to the Department of Home Affairs.

351/24 Resolves, that in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (f) it is considered the matter affects the security of Council, Councillors, Council staff or Council property.

The Meeting closed at 7:45 pm.