Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 18 April 2018

location:

 

Council Chambers

17 Burrawan Street

Port Macquarie

time:

 

5.30pm

 


Community Vision                                  A sustainable high quality of life for all

 

 

 

 

Community Mission                               Building the future together

                                                                  People Place Health Education Technology

 

 

 

 

Council’s Corporate Values                  é   Sustainability

                                                                  é   Excellence in Service Delivery

                                                                  é   Consultation and Communication

                                                                  é   Openness and Accountability

                                                                  é   Community Advocacy

 

 

 

 

Community Themes                               é  Leadership and Governance

                                                                  é  Your Community Life

                                                                  é  Your Business and Industry

                                                                  é  Your Natural and Built Environment

 


How Members of the Public Can Have Their Say at Council Meetings

Council has a commitment to providing members of the public with an input into Council's decision making.  The Council's Code of Meeting Practice provides two (2) avenues for members of the public to address Council on issues of interest or concern at the Ordinary Council Meeting.   These are:

·           Addressing Council on an Agenda Item (if the matter is listed in the Council Business Paper)

·           Addressing Council in the Public Forum (if the matter is not listed in the Council Business Paper)

 

You can request to address Council by completing the:

·           Request to Speak on an Agenda Item’ form

·           Request to Speak in the Public Forum’ form

 

These can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by downloading it from Council’s website.

 

Requests can also be lodged on-line at:

http://www.pmhc.nsw.gov.au/About-Us/How-Council-Works/Council-Committee-Meetings/Request-to-speak-on-an-Agenda-Item

 

http://www.pmhc.nsw.gov.au/About-Us/How-Council-Works/Council-and-Committee-Meetings/Request-to-speak-in-a-Public-Forum

 

Your request to address Council must be received by Council no later than 4:30pm on the day prior to the Council Meeting.

 

·           Council will permit no more than two (2) speakers ‘in support of’ and two (2) speakers ‘in opposition to’ the recommendation on any one (1) Agenda Item.

·           A maximum of five (5) speakers will be heard in the Public Forum.

·           There is no automatic right under legislation for the public to participate in a Meeting of Council or a Committee of Council.

·           For a member of the public to be considered to address Council they must agree to strictly adhere to all relevant adopted Council Codes, Policies and Procedures at all times.

·           Consideration of items for which requests to address the Council Meeting have been received will commence at 5:30pm.

·           When your name is called, please proceed to the Council Table and address Council.

·           Each speaker will be allocated a maximum of five (5) minutes to address Council. This time is strictly enforced.

·           Councillors may ask questions of a speaker following an address.  Each answer, by the speaker to a question, is limited to two (2) minutes.  A speaker cannot ask questions of Council.

·           An Agenda Item will be debated by Council following the address.

·           Council will not determine any matter raised in the Public Forum session, however Council may resolve to call for a future report.

·           If you have any documentation to support your presentation, provide two (2) copies to Council by 12 noon on the day of the Meeting.

·           If a speaker has an audio visual presentation, a copy of the presentation is to be provided to Council by 12 noon on the day of the Meeting.

·           The following will not be considered in the Public Forum (in accordance with the Code of Meeting Practice, clause 2.14.14):

-         Proposed or current development and rezoning applications and related matters.

-         A third (3rd) or subsequent application by a single member of the public to address Council on the same issue in the same calendar year. Council, at its discretion, may elect to exempt representatives or members of community groups from this restriction.

-         Any formal procurement process, contract negotiation or dispute resolution being undertaken.

-         Any matter the General Manager (or their delegate) considers inappropriate for discussion in the Public Forum.

·           Council accepts no responsibility for any defamatory statements made by speakers.

·           Members of the public may quietly enter and leave the Meeting at any time.

 


Ordinary Council Meeting

Wednesday 18 April 2018

 

Items of Business

 

Item       Subject                                                                                                      Page

 

 

01           Acknowledgement of Country............................................................................ 1

02           Local Government Prayer................................................................................... 1

03           Apologies......................................................................................................... 1

04           Confirmation of Minutes.................................................................................... 1

05           Disclosures of Interest..................................................................................... 22

06           Mayoral Minute

06.01..... Mayoral Discretionary Fund Allocations.............................................. 26

07           Confidential Correspondence to Ordinary Council Meeting................................. 27

08           Public Forum................................................................................................... 28

09           Leadership and Governance........................................................................... 29

09.01..... General Manager USA Study Tour - Post Tour Report.......................... 30

09.02..... Correspondence Responses Update - By-election for Popularly Elected Mayor........................................................................................................ 40

09.03..... Status of Reports From Council Resolutions....................................... 44

09.04..... Disclosure of Interest Return.............................................................. 51

09.05..... Monthly Financial Review for March 2018............................................ 53

09.06..... Investments - March 2018................................................................... 58

09.07..... Climate Leadership Conference.......................................................... 62

10           Your Community Life..................................................................................... 65

10.01..... Recommended Items from the Mayor's Sporting Fund Sub-Committee - March 2018 ........................................................................................................ 66

10.02..... Tastings on Hastings......................................................................... 67

11           Your Business and Industry........................................................................... 71

11.01..... Notice of Motion - Deferral of Strata Development Contributions......... 72

11.02..... Question From Previous Meeting - Show Ground Primitive Camping.... 73

12           Your Natural and Built Environment............................................................... 75

12.01..... Notice of Motion - Petition - Flying Fox Colony in Kooloonbung Creek Nature Reserve........................................................................................................ 76

12.02..... Notice of Motion - Petition - Request for Ocean Tidal Pool in Port Macquarie   78

12.03..... Notice of Motion - Recycled Waste.................................................... 79

12.04..... Land Acquisition - Classification of Land Recently Acquired by Council - Stingray Creek........................................................................................................ 80

12.05..... Transfer of Land to Council for Sewer Purposes................................. 83

12.06..... Water Fluoridation Update.................................................................. 85

12.07..... Long Term Energy Strategy - 6 Month Review..................................... 91

12.08..... Recommended Item from Town Centre Master Plan Sub-Committee - Bicentenary Foreshore Shared Pathway West of Town Centre................................ 95

12.09..... Planning Proposal - Road Closures, LEP Amendment No 47 - Post Exhibition Review of Submissions................................................................................. 96

12.10..... DA2017 - 234 - Waste Management Facility (Concrete Recycling) - Lot 1 DP 1202080, Pacific Highway, Pembrooke............................................................ 102

12.11..... Clearing of Vegetation on Flagstaff Hill............................................. 121

12.12..... Question From Previous Meeting - Lake Cathie Opening Strategy....... 126  

13           Questions for Next Meeting

14           Confidential Matters

Motion to move into Confidential Committee of the Whole............................... 137

14.01..... General Manager 2017-2018 Mid-Year Performance Review

14.02..... T-18-03 Tree Maintenance and Management Services

14.03..... T-18-12 Provision of Dredging Services

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      18/04/2018

Item:          01

Subject:     ACKNOWLEDGEMENT OF COUNTRY

 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

 

 

Item:          02

Subject:     LOCAL GOVERNMENT PRAYER

 

A Minister from the Combined Churches of Port Macquarie will be invited to deliver the Local Government Prayer.

 

 

Item:          03

Subject:     APOLOGIES

 

RECOMMENDATION

That the apologies received be accepted.

 

 

Item:          04

Subject:     CONFIRMATION OF PREVIOUS MINUTES

Recommendation

That the Minutes of the Ordinary Council Meeting held on 21 March 2018 be confirmed.

 


MINUTES

Ordinary Council Meeting

                                                                                                                        21/03/2018

 

 

 

 

PRESENT

 

Members:

 

Councillor Peta Pinson (Mayor)

Councillor Lisa Intemann (Deputy Mayor)

Councillor Rob Turner

Councillor Michael Cusato

Councillor Sharon Griffiths

Councillor Peter Alley

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Lee Dixon

 

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Director Corporate Performance (Rebecca Olsen)

Acting Director Development and Environment (Dan Croft)

Acting Director Infrastructure (Duncan Clarke)

Director Strategy and Growth (Jeffery Sharp)

Group Manager Governance and Procurement (Blair Hancock)

Governance Support Officer (Bronwyn Lyon)

Communications Manager (Andy Roberts)

 

 

 

The meeting opened at 5:30pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Mayor opened the Meeting with an Acknowledgement of Country and welcomed all in attendance in the Chamber.

 

02       LOCAL GOVERNMENT PRAYER

Pastor Peter Huxley, Wauchope Presbyterian Church, delivered the Local Government Prayer.

 

03       APOLOGIES

Nil.

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Intemann/Levido

That the Minutes of the Ordinary Council Meeting held on 21 February 2018 be confirmed.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil.

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.01 - Racewyn Close, Port Macquarie Stormwater Drainage Works as Material Public Benefit - Revised Application, the reason being that Councillor Levido is a partner in the Port Macquarie law firm, Donovan Oates Hannaford Lawyers and acts for the owner of a property the subject of the report.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.02 - Planning Proposal for Diamond Drive, Port Macquarie, the reason being that Councillor Levido is a partner in the Port Macquarie law firm, Donovan Oates Hannaford Lawyers and acts for the owner of a property the subject of the report.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.03 - Update on Site Specific Planning Proposal Requests, the reason being that is a partner in the Port Macquarie law firm, Donovan Oates Hannaford Lawyers and acts for the two owners of a property the subject of the report.

 

Councillor Alley declared a Non-Pecuniary, Significant Interest in Item 12.03 - Update on Site Specific Planning Proposal Requests, the reason being that Councillor Alley is the Treasurer on the Anglican Diocese of Newcastle Parish Council.  The subject matter of this item includes property immediately adjacent to property that is owned by the Property Approvals Board, Anglican’s Diocese of Newcastle which holds that property for the benefit of the Anglican Parish of the Camden Haven.  These changes may result in a financial loss or gain to nearby property owners and hence to the Property Trust.

 

 

06.01  Mayoral Discretionary Fund Allocations

MOTION:  Pinson

 

That the Mayoral Discretionary Fund allocations for the period 8 February to 7 March 2018 inclusive be noted.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

There are no confidential attachments to reports for the Ordinary Council Meeting.

 

 

08       PUBLIC FORUM

The Mayor advised of applications to address Council in the Public Forum from:

 

1.    Mrs Jeannette Rainbow regarding roads rehabilitation in Wauchope and Link Road.

2.    Mr Raymond Griffiths, Rollands Plains Community Group, regarding roadside vegetation.

 

MOTION:  Dixon/Alley

 

That the above requests to speak in the Public Forum be acceded to.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

08.01     Roads Rehabilitation in Wauchope and Link Road

Mrs Jeannette Rainbow addressed Council in regard to roads rehabilitation in Wauchope and Link Road.

 

 

08.02     Roadside Vegetation

Mr Raymond Griffiths, representing the Rollands Plains Community Group, addressed Council in regard to roadside vegetation and answered questions from Councillors.

 

 

RequestS To Speak on an Agenda Item

The Mayor advised of requests to speak on an agenda item, as follows:

Item 12.02 – Mr Anthony Thorne, King and Campbell Pty Ltd, in support of the recommendation.

Item 12.03 – Mr Peter Scott, Scott PDI Pty Ltd, in support of the recommendation.

Item 12.05 – Mr Geoff Perry in opposition of the recommendation.

Item 12.05 – Ms Sally Murphy in support of the recommendation.

 

MOTION:  Dixon/Turner

That the requests to speak on an agenda item be acceded to.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

Suspension of Standing Orders

 Moved: 

That Standing Orders be suspended to allow Items 12.02, 12.03 and 12.05 to be brought forward and considered next.

 

 

12.02  Planning Proposal for Diamond Drive, Port Macquarie

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 5:49pm.

 

Mr Anthony Thorne, King and Campbell Pty Ltd, addressed Council in support of the recommendation.

 

RESOLVED:  Griffiths/Intemann

 

That Council:

1.       Prepare a draft planning proposal as described in this report in relation to Lot 22 DP 1229697 and Nos 19-31 Diamond Drive, Port Macquarie, pursuant to section 3.33 of the Environmental Planning and Assessment Act 1979, for the amendment of Port Macquarie-Hastings Local Environmental Plan 2011.

2.       Forward the draft planning proposal to the Department of Planning and Environment for a Gateway Determination, and exhibit the proposal in accordance with that determination, pursuant to sections 3.34, 3.35 and clause 4 of Schedule 1 of the Act.

3.       Request that the Director General of the Department of Planning & Environment issue a Written Authorisation to Council to Exercise Delegation of the plan making functions under section 3.36 of the Act in respect of the planning proposal.

carried:      8/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Pinson and Turner

Against:       Nil

 

 

12.03  Update on Site Specific Planning Proposal Requests

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and remained out of sight during the Council's consideration.

 

Councillor Alley declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 5:51pm.

Mr Peter Scott, Scott PDI Pty Ltd, addressed Council in support of the recommendation and answered questions from Councillors.

 

RESOLVED:  Cusato/Dixon

 

That Council:

1.       Note the current status of site specific Planning Proposal requests as described in this report.

2.       Take the necessary steps to discontinue Planning Proposal request  PP2009-1.1  in relation to Nos 302, 304 and 340 Ocean Drive, and 10 Mission Terrace, Lakewood, as the information required for Council to support an amendment to Port Macquarie Hastings LEP 2011 has not been provided.

3.       Receive a further update in six months regarding the progress of all other site specific Planning Proposal requests.

carried:      7/0

For:   Cusato, Dixon, Griffiths, Hawkins, Intemann, Pinson and Turner

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 06:10pm.

 

Councillor Alley returned to the meeting, the time being 06:10pm.

 

 

12.05  The Boom Reserve Dog Off-leash Park

Mr Geoff Perry addressed Council in support of the recommendation.

 

Ms Sally Murphy addressed Council in support of the recommendation.

 

RESOLVED:  Turner/Griffiths

 

That Council:

1.       Note the information contained within the The Boom Reserve Dog Off-leash Park Report.

2.       Defer the concept for the dog off-leash park in The Boom Reserve to allow for further investigation on whether the proposal can provide for off-street parking to support use of the facility.

3.       Request the General Manager investigate whether there are more suitable alternatives for an off-leash dog park in Port Macquarie.

4.       Request the General Manager provide a report to the Ordinary Council Meeting scheduled for June 2018 outlining the findings of points 2 and 3 above.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.01  Status of Reports From Council Resolutions

RESOLVED:  Levido/Griffiths

 

That Council note the information contained in the Status of Reports from Council Resolutions report.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.02  Joint Organisation of Mid North Coast Councils

RESOLVED:  Turner/Intemann

 

In accordance with Part 7 of Chapter 12 of the Local Government Act 1993 (Act), Port Macquarie-Hastings 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 in accordance with this resolution. 

2.         To approve the inclusion of the Port Macquarie-Hastings Council’s area in the Joint Organisation’s area. 

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

-         Kempsey Shire Council;

-         Nambucca Shire Council;

-         Bellingen Shire Council;

-         Coffs Harbour City Council;

-         Clarence Valley Council.

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

a)         With a copy of this resolution including the date on which Council made this resolution; and

b)         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.

5.         That Council will provide no financial guarantee to the Joint Organisation, nor will it accept any liability for decisions made and/or debts incurred.

6.         To request the Joint Organisation consider the following points in the determination of its charter:

a)         That decision making occurs via consensus and that a dispute resolution mechanism be included;

b)         That a primary objective of any proposed Joint Organisation is to deliver cost-savings to the member councils, and therefore the JO should not entrench excessive ongoing expense or administrative burden;

c)         That the purpose and core functions of the Joint Organisation be limited to the following functions, with all other functions to be decided on a case-by-case basis:

                             i.       strategic planning and regional priority setting,

                            ii.       intergovernmental collaboration, and

                           iii.       regional leadership and advocacy

7.         That any requests for financial contribution to be decided by Council resolution.

8.         That agendas for meetings of the Joint Organisation be provided to PMHC Councillors prior to the meetings, and that all official business of the Joint Organisation be reported to a subsequent Ordinary Meeting of Council, including agendas, reports, and minutes of meetings.

9.         That Council’s decision to participate in the Joint Organisation be reviewed against the stated goals of additional investment to the region, and substantial benefit and significant cost savings to Councils, within 24 months of the commencement of the Joint Organisation.

carried:      7/2

For:   Alley, Dixon, Griffiths, Intemann, Levido, Pinson and Turner

Against:       Cusato and Hawkins

 

 

09.03  Joining Regional Cities NSW

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Note the information contained within the Joining Regional Cities NSW report.

2.       Note that the Mayor and the General Manager will attend a further meeting of the Inland Forum in Sydney on 31 May 2018 to gain further insights into the benefits or otherwise of joining the proposed Regional Cities NSW group.

carried:      8/1

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Cusato

 

 

09.04  Investments - February 2018

RESOLVED:  Hawkins/Alley

 

That Council note the Investment Report for the month of February 2018.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.05  Project Management Framework

RESOLVED:  Levido/Hawkins

 

That Council note the implementation, operation and effectiveness to date of the Project Management Policy.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.06  Six Monthly Delivery Program 2017 - 2021 - Progress Report (July 2017 to December 2017)

RESOLVED:  Alley/Hawkins

 

That the information in the six monthly Delivery Program 2017-2021 progress report (July to December 2017) be noted.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.07  Draft Integrated Planning and Reporting (IP&R) Documents for Public Exhibition

 Councillor Dixon left the meeting, the time being 7:25pm.

Councillor Cusato left the meeting, the time being 7:28pm.

Councillor Dixon returned to the meeting, the time being 7:28pm.

Councillor Cusato returned to the meeting, the time being 7:29pm.

 

RESOLVED:  Turner/Griffiths

 

That Council: 

1.       Place the following Integrated Planning and Reporting (IP&R) documents on public exhibition for a period of 28 days from 22 March to 22 April 2018:

a)      Draft Delivery Program 2017-2021 (Revised 2018) and Draft Operational Plan 2018-2019

b)      Draft Fees & Charges 2018-2019

c)      Draft Revenue Policy 2018-2019

d)      Rating Maps 2018-2019

2.       Note that a further report will be tabled at the June 2018 meeting of Council for the adoption of the 2018-19 IP&R documents, detailing the submissions received from the public during the exhibition period.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.08  Monthly Financial Review for February 2018

RESOLVED:  Hawkins/Turner

 

That Council adopt the adjustments in the “Financial and Economic Implications” section of the Monthly Financial Review Report for February 2018.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.09  Business Improvement Strategy

RESOLVED:  Pinson/Dixon

 

That Council endorse the Business Improvement Strategy.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.10  Village Sewerage Scheme Steering Group Charter Amendment

RESOLVED:  Levido/Hawkins

 

That Council adopted the amended Village Sewerage Scheme Steering Group Charter.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.11  Request for Leave of Absence - Councillor Griffiths

RESOLVED:  Pinson/Dixon

 

That Council grant leave of absence for Councillor Griffiths for the period 14 to 25 April 2018, which includes the Ordinary Meeting of Council scheduled for 18 April 2018.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

10.01  Recommended Items from the Mayor's Sporting Fund Sub-Committee - February 2018

RESOLVED:  Pinson/Alley

That Council, pursuant to the provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund as follows:

1.       Phoebe Bentley, the amount of $250.00 to assist with the expenses that will she will incur travelling to and competing at the 2018 NSW Country Swimming Championships to be held at Sydney Olympic Aquatic Centre from 23 – 25 February 2018 inclusive.

2.       Annika Toohey, the amount of $1000.00 to assist with the expenses she will incur representing Australia as a member of the School Sport Australia Girl’s Hockey Team to compete in South Africa from 28 June to 14 July 2018 inclusive.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

11.0   YOUR BUSINESS AND INDUSTRY – Nil reports for this section.

 

 

12.01  Racewyn Close, Port Macquarie Stormwater Drainage Works as Material Public Benefit - Revised Application

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 7:39pm.

 

RESOLVED:  Griffiths/Turner

 

That Council:

1.       Subject to the applicant entering into a Works in Kind Agreement, approve the revised application to undertake works involving the construction of stormwater infrastructure at Racewyn Close Port Macquarie on the basis that the work will provide material public benefit pursuant to s7.11(5)(b) of the Environmental Planning and Assessment Act 1979 (as amended).

2.       Delegate authority to the General Manager to execute the Works in Kind Agreement in item 1.

carried:      8/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Pinson and Turner

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 7:40pm.

 

 

Item - 12.02 Planning Proposal for Diamond Drive, Port Macquarie - has been moved to another part of the document.

 

 

Item - 12.03 Update on Site Specific Planning Proposal Requests  - has been moved to another part of the document.

 

 

12.04  Port Macquarie Town Square Planning Proposal

RESOLVED:  Hawkins/Griffiths

 

That Council, as the planning proposal authority, take the necessary steps under sections 3.35 and 3.36 of the Environmental Planning and Assessment Act 1979 to finalise Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment no 51), which relates to applying a B3 Commercial Core zone to part of Port Macquarie Town Square, Horton Street, Port Macquarie.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

Item - 12.05 The Boom Reserve Dog Off-leash Park - has been moved to another part of the document.

 

 

13       QUESTIONS FOR NEXT MEETING

 

 

 

13.01     Lake Cathie Opening Strategy

Question from Mayor Pinson:

 

Can the General Manager please provide information to Councillors on the Lake Cathie Opening Strategy - its history, current status and how Council might go about reviewing the strategy.

 

Comments by Councillor (if provided):

 

Nil.

 

 

13.02     Show Ground Primitive Camping

Question from Mayor Pinson:

 

Can the General Manager please provide information on how Council might go about offering an exception to contributions for show ground trusts who wish to increase their primitive camping capacity?

 

Comments by Councillor (if provided):

 

Nil.

 

 

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Levido/Griffiths

1.         That pursuant to section 10A subsections 2 & 3 and 10B of the Local Government Act 1993 (as amended), the press and public be excluded from the proceedings of the Council in Confidential Committee of the Whole (Closed Session) on the basis that items to be considered are of a confidential nature.

2.         That Council move into Confidential Committee of the Whole (Closed Session) to receive and consider the following items:

Item 14.01 T-18-05 Supply, Installation and Maintenance of Network Microwave Equipment

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.02 T-18-08 Supply and Delivery of One (1) Pipeline Inspection Unit and Equipment

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.03 T-17-53 Organisational Wide Customer Interactions Review

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.04 T-17-57 Investigation and Design of Trunk Water Main Augmentation Between Sancrox Reservoir and Wauchope

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.05 T-17-58 Flynns Beach Seawall (Stage 1) - Design & Construct

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.13 T-17-52 Project Management Services for the Construction of Wauchope Main St Upgrades

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.06 Audit, Risk and Improvement Committee Chair

This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Item 14.07 Boundary Adjustment

This item is considered confidential under Section 10A(2)(b) of the Local Government Act 1993, as it contains discussion in relation to the personal hardship of a resident or ratepayer.

Item 14.08 Request for Compensation from Local Business

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.09 Minor Plant Review

This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Item 14.10 Replacement of Budget and Reporting Tool

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.11 Appointment of New Member to the Economic Development Steering Group

This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

Item 14.12 IRONMAN Australia Hosting Agreement

This item is considered confidential under Section 10A(2)(d(ii)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.

3.         That the resolutions made by the Council in Confidential Committee of the Whole (Closed Session) be made public as soon as practicable after the conclusion of the Closed Session and such resolutions be recorded in the Minutes of the Council Meeting.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

Adjourn meeting

 The Ordinary Council Meeting adjourned at 7:45pm.

 

 

Resume meeting

 The Ordinary Council Meeting resumed at 8:25pm.

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Dixon/Cusato

That the undermentioned recommendations from Confidential Committee of the Whole (Closed Session) be adopted:

 

Item 14.01    T-18-05 Supply, Installation and Maintenance of Network Microwave Equipment

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Accept the tender from Wave1 Pty Ltd for a lump sum of $331, 832 (exclusive of GST) for the supply, installation and maintenance support of Network Microwave Equipment.

2.       Affix the seal of Council to the necessary documents.

3.       Maintain the confidentiality of the documents and considerations in respect of tender T-18-05.

 

Item 14.02    T-18-08 Supply and Delivery of One (1) Pipeline Inspection Unit and Equipment

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Accept the tender from Nordkapp Investments Pty Ltd trading as Sewer Equipment Company Australia for $145,836 (exclusive of GST) for the supply and delivery of one (1) pipeline inspection unit and equipment.

2.       Affix the seal of Council to the necessary documents.

3.       Maintain the confidentiality of the documents and considerations in respect of Tender T-18-08.

 

Item 14.03    T-17-53 Organisational Wide Customer Interactions Review

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Accept the tender from Future Reference for a lump sum of $408,650 (exclusive of GST) with a provisional budget for travel, accommodation and ancillary costs of $50,411(exclusive of GST) for the delivery of the Organisational Wide Customer Interaction Review.

2.       Affix the seal of Council to the necessary documents.

3.       Maintain the confidentiality of the documents and considerations in respect of tender T-17-53.

 

Item 14.04    T-17-57 Investigation and Design of Trunk Water Main Augmentation Between Sancrox Reservoir and Wauchope

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.         Accept the quotation, through Local Government Procurement, from Calibre Consulting (NSW) Pty Ltd for $154,890 (exclusive of GST) for the investigation and design of the Trunk Water Main augmentation between Sancrox Reservoir and Wauchope.

 

2.       Accept the Schedule of Rates from Calibre Consulting (NSW) Pty Ltd for the investigation and design of the Trunk Water Main augmentation between Sancrox Reservoir and Wauchope.

3.       Affix the seal of Council to the necessary documents.

4.       Maintain the confidentiality of the documents and consideration in respect of Tender T-17-57.

5.       Note the expected total cost of the project and endorse the overall project budget as described in the included project financial summary.

 

Item 14.05    T-17-58 Flynns Beach Seawall (Stage 1) - Design & Construct

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Accept the Tender from Michilis Pty Ltd for (Design Option 3) for two million and seventy thousand, eight hundred and ninety seven dollars ($2,070,897.00)(exclusive of GST) for the Design and Construction of Flynns Beach Seawall (Stage 1).

2.       Accept the Price Schedule from Michilis Pty Ltd for the Design and Construction of Flynns Beach Seawall (Stage 1).

3.       Affix the seal of Council to the necessary documents.

4.       Maintain the confidentiality of the documents and considerations in respect of Tender T-17-58.

5.       Note the expected total cost of the project and endorse the overall project budget as described in the included project financial summary.

 

Item 14.06    Audit, Risk and Improvement Committee Chair

                     This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

                     RECOMMENDATION

That Council:

1.       Appoint Grahame Marchant as the Chair of the Audit, Risk and Improvement Committee.

2.       Maintain the confidentiality of the documents and considerations in respect to the Chair of the Audit, Risk and Improvement Committee selection process.

 

 

 

 

 

Item 14.07    Boundary Adjustment

                     This item is considered confidential under Section 10A(2)(b) of the Local Government Act 1993, as it contains discussion in relation to the personal hardship of a resident or ratepayer.

                     RECOMMENDATION

That Council make application to the Minister of Local Government and Midcoast Council to approve a minor boundary adjustment from Midcoast Council to Port Macquarie-Hastings Council.

 

Item 14.08    Request for Compensation from Local Business

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Note the request from Mr and Mrs Walsh for compensation in respect of road works undertaken in Hill Street, Port Macquarie.

2.       Adopt the position of Council’s Insurer in respect of this claim, which is to reject the offer of settlement and deny liability.

 

Item 14.09    Minor Plant Review

                     This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

                     RECOMMENDATION

That Council:

1.       Note the information contained within the Minor Plant Review report.

2.       Continue to deliver the Minor Plant service in-house.

 

Item 14.10    Replacement of Budget and Reporting Tool

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Pursuant to Section 55 (3) (i) of the Local Government Act 1993, due to the extenuating circumstances as described in this report, resolves to not invite tenders for the supply of budgeting and reporting software and associated consulting costs.

2.       Accept the quotation from Jedox Pty Ltd for $298,620 (ex GST) for the prepayment of 60 days of consulting fees for customisation and implementation, and for three (3) years in software licence fees.

 

Item 14.11    Appointment of New Member to the Economic Development Steering Group

                     This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

                     RECOMMENDATION

That Council:

1.       Appoint Mrs Susan East as a member of the Port Macquarie-Hastings Economic Development Steering Group, noting the recent resignation of Mr John Saunders.

2.       Formally thank Mr John Saunders for his commitment and contribution during his tenure.

 

Item 14.12    IRONMAN Australia Hosting Agreement

                     This item is considered confidential under Section 10A(2)(d(ii)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.

                     RECOMMENDATION

That Council delegate authority to the General Manager to negotiate a new tripartite hosting agreement with Destination NSW and IRONMAN Oceania for the 2019-2021 IRONMAN Australia and IRONMAN 70.3 events, based on the financial terms noted in this report. 

 

 

Item 14.13    T-17-52 Project Management Services for the Construction of Wauchope Main St Upgrades

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Accept the lump sum tender price of Public Works Advisory of $224,842 (exclusive of GST) for the Project Management Services for the Construction of Wauchope Main Street Upgrades.

2.       Accept the Schedule of Rates tendered in the Schedule of Prices from Public Works Advisory to be used solely for the purpose of valuing relevant variation work, for the Project Management Services for the Construction of Wauchope Main Street Upgrades.

3.       Affix the seal of Council to the necessary documents.

4.       Maintain the confidentiality of the documents and consideration in respect of Tender T-17-52.

5.       Note the expected total cost of the project and endorse the overall project budget as described in the included project financial summary.

 

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

 

The meeting closed at 8:26pm.

 

 

 

 

 

 

………………………………………..

Peta Pinson

Mayor

 

   


AGENDA                                                                                Ordinary Council      18/04/2018

Item:          05

Subject:     DISCLOSURES OF INTEREST

 

RECOMMENDATION

 

That Disclosures of Interest be presented

 

DISCLOSURE OF INTEREST DECLARATION

 

 

Name of Meeting:     ………………………………………………………………………..

 

Meeting Date:           ………………………………………………………………………..

 

Item Number:            ………………………………………………………………………..

 

Subject:                      ………………………………………………………………………..

                                    …………………………………………………….……………...…..

 

 

I, ..................................................................................... declare the following interest:

 

 

        Pecuniary:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

 

        Non-Pecuniary - Significant Interest:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

        Non-Pecuniary - Less than Significant Interest:

              May participate in consideration and voting.

 

 

For the reason that:  ....................................................................................................

 

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

 

Name:  …………………………………………………….

 

Signed:  .........................................................................  Date:  ..................................

 

 

Growth Bar b&w(Further explanation is provided on the next page)


 

Further Explanation

(Local Government Act and Code of Conduct)

 

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

 

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

 

Pecuniary Interest

 

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

 

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

 

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting.  The Council official must not be present at, or  in sight of, the meeting of the Council at any time during which the matter is being considered or discussed, or at any time during which the council is voting on any question in relation to the matter.  (section 451)

 

Non-Pecuniary

 

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

 

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

 

The political views of a Councillor do not constitute a private interest.

 

The management of a non-pecuniary interest will depend on whether or not it is significant.

 

Non Pecuniary – Significant Interest

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:

(a)   A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household.

(b)   Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

(c)   An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

 

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:

1.     Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

2.     Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

 

Non Pecuniary – Less than Significant Interest

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

 

 

By

[insert full name of councillor]

 

 

In the matter of

[insert name of environmental planning instrument]

 

 

Which is to be considered at a meeting of the

[insert name of meeting]

 

 

Held on

[insert date of meeting]

 

 

PECUNIARY INTEREST

 

 

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)i

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

 

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).

 

Associated person of councillor has interest in the land.

 

Associated company or body of councillor has interest in the land.

 

MATTER GIVING RISE TO PECUNIARY INTEREST

 

 

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land iii

[Tick or cross one box]

 

The identified land.

 

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 

Appreciable financial gain.

 

Appreciable financial loss.

 

 

 

Councillor’s Name:  …………………………………………

 

Councillor’s Signature:  ……………………………….   Date:  ………………..


 

 

Important Information

 

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993.  You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular.  Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made.   The completed form must be tabled at the meeting.  Everyone is entitled to inspect it.  The special disclosure must be recorded in the minutes of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i.   Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relativeiv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

ii.  Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

iii.   A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest..

iv.   Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


AGENDA                                                                                Ordinary Council      18/04/2018

 

 

Item:          06.01

 

Subject:     MAyORAL Minute - Mayoral Discretionary Fund Allocations

Mayor, Peta Pinson

 

 

 

 

 

RECOMMENDATION

 

That the Mayoral Discretionary Fund allocations for the period 8 March to 4 April 2018 inclusive be noted.

 

Discussion

 

Mayoral Discretionary Fund Allocations

 

The Mayor made the following allocations from the Mayoral Discretionary Fund for the period 8 March to 4 April 2018 inclusive:

 

Donation to PMQ Croquet Club

$150.00

Donation to PMQ Parkrun

$120.00

 

$270.00

 

Attachments

 

Nil

  

 


AGENDA                                                                                Ordinary Council      18/04/2018

Item:          07

Subject:     CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

Presented by: General Manager, Craig Swift-McNair

Alignment with Delivery Program

1.3.2   Build trust and improve Council’s public reputation through transparency, good decision making and living Council’s Values.

 

RECOMMENDATION

There are no confidential attachments to reports for the Ordinary Council Meeting.

 


AGENDA                                                                                Ordinary Council      18/04/2018

Item:          08

Subject:     PUBLIC FORUM

 

Residents are able to address Council in the Public Forum of the Ordinary Council Meeting on any Council-related matter not listed on the agenda.

A maximum of five speakers can address any one Council Meeting Public Forum and each speaker will be given a maximum of five minutes to address Council. Council may wish to ask questions following an address, but a speaker cannot ask questions of Council.

Once an address in the Public Forum has been completed, the speaker is free to leave the chambers quietly.

If you wish to address Council in the Public Forum, you must apply to address that meeting no later than 4.30pm on the day prior to the meeting by completing the 'Request to Speak in Public Forum at Ordinary Council Meeting Form'.  This form is available at Council's offices or online at www.pmhc.nsw.gov.au.

 

 

 

 


AGENDA                                                                                         Ordinary Council

18/04/2018









 

 

What we are trying to achieve

A community that works together in decision making that is defined as ethically, socially and environmentally responsible.

What the result will be

 

We will have:

              A community that has the opportunity to be involved in decision making

              Open, easy, meaningful, regular and diverse communication between the community and decision makers

              Partnerships and collaborative projects, that meet the community’s expectations, needs and challenges

              Knowledgeable, skilled and connected community leaders

              Strong corporate management that is transparent

 

How we will get there

 

1.1          Inform and engage with the community about what Council does using varied communication channels

1.2          Maintain strong partnerships between all stakeholders - local, state and federal — so that they are affective advocates for the community

1.3          Demonstrate leadership

1.4          Use innovative, efficient and sustainable practices

1.5          Ensure strong corporate and financial management that is transparent and accountable

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          09.01

 

Subject:     General Manager USA Study Tour - Post Tour Report

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.3.5 Build an engaged workforce.

 

 

 

RECOMMENDATION

 

That Council note the information provided in the General Manager USA Study Tour, post tour report.

 

Executive Summary

 

As reported to Council at the 15 November 2018 Council meeting, Local Government Professionals Australia, NSW (LGPro) selected Council’s General Manager to attend a United States of America (USA) study tour in January / February 2018. This report is the post-study tour report as requested by Council at the 15 November 2018 Council meeting.

 

Discussion

 

LGPro is the leading association representing the professionals in NSW local government. LGPro are committed to maintaining high professional and ethical standards throughout the local government sector and ensuring that their members are at the forefront of change and innovation.

 

Open exclusively to LGPro NSW members, their international study tour program offers a program of learning from and networking with, local government leaders in the USA. The study tour provides an excellent professional development opportunity to develop skills, competencies and knowledge in a chosen field, whilst making invaluable connections.

 

In late 2017, Councils General Manager was selected by LGPro to attend the USA study tour for 2018.

 

At the 15 November 2017 Council meeting, Council resolved the following:

 

09.03 GENERAL MANAGER'S ATTENDANCE - UNITED STATES OF AMERICA

STUDY TOUR

 

RESOLVED: Hawkins/Pinson

 

That Council:

1.   Note and congratulate the General Manager on his successful selection by Local Government Professionals Australia, NSW to attend the League of California Cities, City Managers conference in Newport Beach California and related study tour in January / February 2018.

2.   Request the General Manager table a report on the City Managers conference and the learnings from the study tour at the 18 April 2018 Council meeting.

 

CARRIED: 9/0

FOR: Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

AGAINST: Nil

 

As noted in the report to the November 2017 Council meeting (copy attached for information), each year LGPro NSW offer their members an opportunity to participate in an international study tour to the USA in January / February 2018, with the key feature being attendance at the annual League of California Cities, City Managers Department Meeting / Conference.

 

Founded in 1898, the League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. There are ten professional departments that make up the League of California Cities and one of those is the City Managers. For reference, a City Manager in the USA is the equivalent role to a General Manager / Chief Executive Officer of a local government Council in Australia.

 

Apart from attendance at the League of California Cities, City Managers conference in Newport Beach California, which was held from 31 January 2018 – 2 February 2018 (inclusive), the rest of the itinerary was at the discretion of the General Manager with regard to his chosen field of study. That field of study was leadership, with employee engagement being at the core of this as it is a crucial element to an organisations success in delivering outcomes. As reported in November to Council, over the past several years, Council has undergone a cultural transformation journey that is continuing to this day and a key component of the work done to date has been around employee engagement. These meetings took place in the week leading up to the City Managers Conference.

 

Following is a summary of the meetings and discussions the General Manager had during the study tour, concluding with an overview of the City Managers Conference:

 

County of Riverside

 

The County of Riverside is California's fourth largest county, with more than 2 million people living across the area.

The meeting was with Dr Marie Brown-Mercadel, Assistant Director Children’s Services Division within the Department of Public Social Services. Dr Brown-Mercadel has a staff body of around 1,200 people and a budget of approximately $350 million.

 

Dr Brown-Mercadel has been working with Gallup in the USA on organisational development for many years and as Council has recently undertaken some work with Gallup around employee engagement, such a meeting was a good opportunity to meet up with an organisation that has been on the employee engagement journey for several years.

 

There was general discussion around the following issues:

 

-     Identifying people’s strengths and allowing them to work to those strengths;

-     Incorporating strengths conversations into performance management discussions;

-     Empowering staff to make critical decisions in the field;

-     Being authentic as a leader;

-     Ensuring the our approach to employee engagement is being driven by every level of management across the organisation;

-     The importance of measuring the progress of engagement through annual surveys and other means;

-     Need to ensure that senior management is deliberate in the way in which they approach leadership and strengths etc;

-     Ensuring the senior leadership team are comfortable calling out certain behaviours that are not in line with our values.

 

University of Southern California – Marshall School of Business

 

Meeting with Professor Alan Nelson, who teaches a Masters of Business Administration (MBA) class on Human Capital and Motivation.

 

There was general discussion around the following issues:

 

-     Leadership and human motivation;

-     How emotional intelligence is critical for leaders of today;

-     That enhancement of employee motivation leads to strategy success;

-     The criticality of softer leadership skills being taught to today’s leaders;

-     How a Leader as Coach approach to leadership is critical to the success of any organisation.

 

During this particular visit to the Marshall School of Business, I was invited by Professor Nelson to sit in on that evening’s MBA class to and to undertake a question and answer session with him on our approach to coaching and engagement at Council. At that class, Professor Nelson had a guest lecturer, Dr Sandra Mashihi, a psychologist who has written on the subject of coaching, with a book titled ‘Clueless – Coaching people who just don’t get it’, co-written with Kenneth Nowick. During the presentation and subsequent discussion the General Manager had with Dr Mashihi, the following issues were discussed:

 

-     How coaching is about empowering others with skills to have crucial conversations;

-     That at its core, leadership is about other people success in their roles, not your own;

-     Whilst leadership training has its place, it is more important to work on culture;

-     That the number one engagement driver for people is trust & confidence in senior leadership;

-     Need to ensure there are necessary conditions for behaviour change to be able to take place;

-     When you shine a light on something i.e. it is under the spotlight, behaviours will improve;

-     According to research undertaken by Dr Mashihi, the following are the returns on investment that can be achieved by following a coaching approach to leadership:

 

70% increased productivity;

61% improved business management;

57% improved time management;

51% improved team effectiveness.

 

 

-     What the qualities of a good leader are i.e.

Motivating a team;

Competency;

Appropriate skills;

Clear goal and objective setting;

Being open and flexible;

Leaving a leadership legacy.

 

Following Dr Mashihi’s presentation I was asked by Professor Nelson to do a brief question and answer session with the class around the Port Macquarie-Hastings Council approach to coaching for leadership. The General Manager spoke about the focus Council has on developing the leaders of tomorrow and doing that with a coaching approach and a focus on people’s strengths.

 

City of West Hollywood

 

Meeting with Paul Arevalo, City Manager; Lisa Marie Belsanti, Director Communications; Oscar Delgado, Deputy City Manager and Janet Jiminez, Assistant to the City Manager.

 

The City of West Hollywood is nestled between the Hollywood and Beverley Hills. Annual revenue is approximately $138 million (US) with a population of 36,698 (20216 Census), a staff of approximately 250 and a total local government area of 1.92 square miles.

 

Discussion took place around employee engagement practices in the City and the challenges associated with this. Detailed discussions were had around communications and how the City goes about getting their own agenda out to the public rather than relying on local media, noting that there is minimal local media.

 

The way in which the City controls its own media is by controlling tightly social media what appears to be fact checking / correction taking place. Perhaps the most creative approach they have taken in relation to media is the establishment of their own West Hollywood (WEHO) television channel, where there is a monthly post (or more regularly if necessary) with updates on WEHO news and items of interest. This has developed into an important tool for the City to get their important information out to the broader community.

 

The key message out of the discussion on communications was on ensuring that you create your own messages for the community based on facts, whether they go positive or negative. The City has developed a communications toolkit, which includes a range of documents and guidance notes for staff. This toolkit has been passed on to our own Communications management team for review and consideration as to whether any of these ideas are transferable to our Council.

 

University of Southern California – Marshall School of Business

 

Meeting with Professor Robert Turrill, who is the Director of the Masters of Business for Veterans, the only course of its nature in the USA. Professor Turrill specialises in organisational behaviour.

 

There was general discussion around the following issues:

 

-     Team performance in organisations;

-     Developing high performance teams;

-     The criticality of understanding and defining what is not happening now that needs to be happening;

-     The importance of ensuring the management team are on the same page so they can play a key part in helping to achieve organisational goals;

-     Focusing on an individual’s strengths is a good way to build a team;

-     How well we know each other will largely determine how well we work together as a team;

-     Taking a coaching approach to leadership is a solid and positive way to build teams and leadership across the organisation;

-     How ‘presence’ is important for a leader i.e. being physically and mentally present, because everyone watches what the boss does, when the boss does it and how. This is about impact and being intentional about it;

-     Leadership being a shared responsibility;

-     How as a leader, you must have a stake in everyone’s success.

 

City of Newport Beach

 

Meeting with Carol Jacobs, Assistant City Manager and Barbara Salvini, Human Resources Director, followed by attendance at a City of Newport Beach Council. The City of Newport Beach has a population of 87,000 (2016 census) and is nestled on the west coast, between Huntington Beach and Laguna Beach, with annual revenue at approximately $204.3 million

 

There was general discussion around the following issues:

 

-     Learning and Development (L&D) and the focus of recent years has been on lifting substantially the level of investment made in L&D;

-     Historically there has been a smorgasbord approach to L&D, however the City is now in the early stages of establishing an in-house leadership academy, where a range of training will be available to Managers and Supervisors to select the most appropriate training for their staff, as well as staff being able to self-select course of interest and value to them;

-     A key issue for the City is dealing with resident expectations, noting that this is a wealthy area of the USA i.e. average house prices in the City of Newport Beach are approximately $3.3 million (US). The residents take great interest in how funds are spent and most Council meetings see large attendances by the local residents;

 

The City of Newport Beach Council meeting was held on a Monday evening and was very well attended with an estimated 100 plus people present. There was a public forum, following by the presentation of a range of reports. An interesting feature of this meeting was that the public was able to ask questions of the Councillors and staff on each item on the agenda. Whilst this is an interesting approach from a governance and transparency perspective, several speakers had to be reminded to stick to the subject at hand and to ask questions rather than make somewhat protracted statements.

 

An interesting feature in the State of California is that Councils not only receive property tax (similar to our rating system), they also receive 1% of any sales tax collected in their area. This revenue stream is clearly lucrative, noting that they receive less from online sales, so there is a push to support the local bricks and mortar businesses.

 

As evidenced by a presentation at the above-mentioned Council meeting, there are some enormous financial challenges ahead for the majority of Californian local government authorities relating to unfunded pension liabilities. These challenges are on top of the challenge that local government faces around the world, of trying to deliver improved services to the community with limited resources.

 

League of California Cities, City Managers Department Meeting / Conference

 

The City Managers conference was held from Wednesday 31 January to Friday 2 February inclusive and included approximately 450 attendees.

 

As detailed earlier in this report, the League of California Cities was founded in 1898 and is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities.

 

The conference had many sessions and presentations and commenced with an Executive Committee Meeting of the City Managers, which the General Manager was invited to. The General Manager was officially welcomed by the President of the City Managers Department, Mr. Jim Lewis the City Manager of Pismo Beach. Amongst the topics for discussion at this meeting was how local Councils need to go about seeking increases to their general revenue.

 

In California, in order to increase their general revenue, they need to consult with the community and achieve two thirds majority support from the community before this will be considered by the authorities. If the Council wishes to request an increase in sales tax revenue, then they require 50% plus 1 public support, from those participating in the voting.

 

Some of the conference sessions attended by the General Manager were as follows:

 

-     Rebuilding Cities: Restoring Healthy Communities in Distressed Areas:

 

This was a speech by the Rev. Jeffery Brown who is Pastor and President of Rebuilding Every Community Around Peace (RECAP). This presentation was around the work being done in disadvantaged communities who are being squeezed out of areas due to the costs of living in newly gentrified areas. The work Rev. Brown does is to collaborate with housing projects and local authorities to rebuild communities affected by violent crime.

 

-     Winning the War on Talent:

 

This was an interesting and relevant discussion around attracting and retaining talent into local government in light of the fact the Baby Boomers are all getting ready to leave the workforce. This was about enhancing an organisations Employee Value Proposition and how we recruit people for tomorrow, not for today. There was also an interesting discussion around the fact that local government broadly has a branding problem with potential future employees i.e. being seen as stodgy, old and antiquated, with old systems and people with little autonomy.

 

-     Orange County Dinner:

 

The General Manager was invited to dine with all the City Managers of Orange County at a local restaurant. Many discussions took place over the evening on issues facing local government. As stated previously in this report, one of the key learnings from this study tour is that regardless of which country you are from, many of the issues we face here in NSW in local government are very much the same issues being dealt with in the USA and no doubt around the world.

 

-     Governing California’s Pension System Today:

 

This was a very USA specific issue on the latest developments and outlooks for the overall pension / health benefits system. An interesting statistic to come out of this session was the fact that California now has the world’s 6th largest economy and it will soon take over as the 5th largest, moving past the economy of Britain.

 

-     How to Avoid Being Fired by Your Department Heads:

 

This was an interesting session relating to how important the City Managers relationship is with Department Heads, or what we would call Directors. It is assumed that there were several high profile instances where Department Heads were seen as overly influencing the City Manager and where these relationships had broken down and eventually led to terminations of either the City Manager or Department Heads.

 

-     Don’t Settle: Be Exceptional – Achieving Council Civility and Purpose”

 

This session focused on how being a high performing organisation leads to being an exceptional Council. This session focused on leadership styles for effective governance and how critical it is to build a culture of trust and collaboration in order to best serve the community.

 

According to this session, to be an exceptional Council, the organisation and elected officials need to have a governance mindset, effective Councillors and appropriate governance tools.

 

-     The Great Ethical Divide: City Managers vs City Councils:

 

This session explored ethical issues between the City Manager and Councillors, where various issues may need to be navigated.

 

-     International City / County Management Association (ICMA) Dinner:

 

The General Manager was invited to join ICMA members for dinner at an aviation museum housed at the John Wayne Airport in Newport Beach. This dinner was attended by approximately 200 people, with formalities including several speeches from ICMA members. This was a good opportunity to network with a range of City Managers from across California.

 

-     How to Leverage Your Assistants for City Management Excellence:

 

This session was about how behind every City Manager is a team of Assistant City Managers, or Directors as we know them in our Council. This was about how to leverage the second tier of leadership to make the Council successful and how to groom the second tier to take over the role of City Manager / General Manager into the future.

 

-     Awards Presentation:

 

The prestigious Wes McClure Distinguished City Manager Award was awarded to Bruce Channing, the retiring City Manager of the City of Laguna Hills. This is the highest honour in the Californian City Manager profession. Mr Channing has been City Manager of Laguna Hills for 26 years and has been in local government for 41 years.

 

Mr Channing thanked many people for this award, but perhaps the most pertinent comment he made was that he was satisfied with his legacy and that was the strength of the team he has left behind as he moves into retirement.

 

As detailed earlier in this report, apart from attendance at the League of California Cities, City Managers conference, the rest of the itinerary was at the discretion of the General Manager and focussed on leadership and how organisations are managing employee engagement, with details of the meetings organised and attended having been included above.

 

The County of Riverside provided the most striking similarity to this Council in the work they are doing on employee engagement and in taking a strengths approach to leadership. The key messages being that when people are allowed to work to their strengths, they generally flourish in the workplace and in their private lives. By being an authentic leader and empowering staff to own their own engagement, cultural change can be happen on a large scale.

 

The two discussions at the University of Southern California were very beneficial, particularly the discussion around coaching. These conversations reinforced how important taking a coaching approach to leadership is for the individual and for the success of the organisation, noting that this is the approach Council has been undertaking since 2015-2016 across all levels of General Manager / Director / Group Manager / Supervisor. This approach helps to instil an organisational approach to leadership and employee engagement and it develops an organisational language around people development.

 

It is clear from this study tour that the work this Council is doing through its cultural transformation journey is well ahead of many Councils in California and indeed in NSW also. Employee engagement is such a key issue in ensuring staff are happy and satisfied in their work and that they are aligned to the organisations values, vision and mission. The philosophy of being the ‘One Council’ i.e. where everyone is pulling in the same direction is one of the keys to this Council’s success and has contributed to us winning the A.R. Bluett Award for 2017 as the most progressive Council in NSW. This philosophy has also contributed to improved levels of employee engagement across the past several years at Council.

 

One important learning out of this tour is that the journey to improved leadership and increased employee engagement across such a large organisation never ends; it is a continuous journey that needs constant action and reinforcement at all levels of the organisation. Such cultural transformation work has to be led from the top i.e. all staff need to see the General Manager, Directors and Group Managers ‘walking the talk’ and being united and deliberate in their approach to employee engagement.

 

Options

 

This report is for noting only by Councillors, however further information could be requested of the General Manager.

 

Community Engagement & Internal Consultation

 

There has been no community engagement or internal consultation in relation to this report.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

There are no economic implications in relation to this report.

 

With regard to financial implications, as detailed in the report to Council in November 2017, LGPro funded return flights from Sydney to Los Angeles and transport to the City Managers conference in Newport Beach. The League of California Cities funded attendance at and accommodation for the City Managers conference.

 

Additional expenses incurred for the study tour i.e. additional accommodation and travel in and around Los Angeles were at the expense of the General Manager.

 

The only direct costs to Council was reimbursement of meals in line with the daily allowance included in the Attendance at Conferences, Seminars, Workshops & Residential Schools policy. The total cost in Australian dollars of meals was $301.55 and this has been covered by the relevant Council budget.

 

Attachments

 

1View. Council Report - General Managers Attendance - USA Study Tour - November 2017

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          09.02

 

Subject:     Correspondence Responses Update - By-election for Popularly Elected Mayor

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.3.1 Provide effective leadership and equity.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained within the Correspondence Responses Update – By-Election for Popularly Elected Mayor report.

2.       Request the General Manager follow up in writing any outstanding responses from the original list of correspondence recipients.

3.       Request the General Manager table a report to Council’s 18 July 2018 Council meeting providing a further update as to the responses received.

 

Executive Summary

 

The purpose of this report is to provide an update as to responses received by Council following a resolution of Council from the 16 August 2017 and the 15 November 2017 Council meetings, relating to a Notice of Motion around the recent by-election for the popularly elected Mayor and how Section 276 (2) of the NSW Local Government Act 1993 acts as a detriment to sitting Councillor candidates.

 

Discussion

 

At the 16 August 2017 Council meeting, Councillor Justin Levido proposed a Notice of Motion (NOM) relating to the recent by-election for the popularly elected Mayor and how Section 276 (2) of the NSW Local Government Act 1993 acts as a detriment to sitting Councillor candidates. For context, following are the comments made by Councillor Levido on this issue at the 16 August 2017 Council meeting:

 

‘Good public policy dictates that in any Local Government election (including a by election for a popularly elected Mayor) the primary goal should be on ensuring that the minds of the electors are focused on who is the best person for the job and the thrust of the Act and resources to be applied so directed.

 

As currently drafted, the Local Government Act, 1993 has an inbuilt detriment to sitting Councillor candidates who run in a by election for a popularly elected Mayor as opposed to non-Councillor candidates.

 

The inbuilt detriment is that the election of a sitting Councillor candidate forces the electors back to a further by election for Councillor within the next 3 months.

 

This inbuilt detriment became a significant issue during the recent Mayoral by election.

 

I (and other Councillors) have been informed by many electors during and after the campaign that the avoidance of a second by election was a significant consideration to them from both a personal convenience and “cost to Council/the community” point of view.

Council and the community need the best person for Mayor not what some may interpret as the most convenient or cheapest option available.

 

I believe it is incumbent on Council to point out this inbuilt detriment to the NSW Minister for Local Government and the NSW Office of Local Government based on the practical application of the recent Mayoral By Election and seek the urgent amendment of the Local Government Act, 1993 so that this problem is properly rectified for the future and good public policy enhanced and delivered.

 

The letter should be copied to the most relevant stakeholders and made publically available through a general Media Release.’

 

Further to the above, the following was resolved by Council in relation to the above-mentioned NOM at the 16 August 2017 Council meeting:

 

09.17 NOTICE OF MOTION - BY ELECTION FOR POPULARLY ELECTED MAYOR - SECTION 276 (2) OF THE LOCAL GOVERNMENT ACT, 1993 - DETRIMENT TO SITTING COUNCILLOR CANDIDATES

 

RESOLVED: Levido/Cusato

 

That Council request the General Manager:

 

1. Finalise a letter from Council (utilising the draft letter shown below as guidance) and then send the letter to the NSW Minister for Local Government, Gabrielle Upton MP and the Acting Chief Executive of the NSW Office of Local Government, Tim Hurst with a copy of the letter as sent to be copied to:

a) Premier of NSW, Gladys Berejiklian MP

b) Leader of the Opposition, Luke Foley MP

c) Shadow Minister for Local Government, Peter Primrose MLC

d) Member for Port Macquarie, Leslie Williams MP

e) Member for Oxley, Melinda Pavey MP

f) Member for Lyne, David Gillespie MP

g) Member for Cowper, Luke Hartsuyker MP

h) President of Local Government NSW

2. Issue a general Media Release advising of the dispatch of the letter and providing a copy of the letter as part of the Media Release.

3. Bring back a report to Council at Council’s Meeting of 15 November 2017 as to the response(s) generated by such letter from the Minister, Acting Chief Executive, those to whom it was copied and/or any other party that the General Manager feels is particularly relevant.

 

CARRIED: 9/0

FOR: Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

AGAINST: Nil

 

In line with Resolution 3) directly above, a report was tabled at the 15 November 2017 Council meeting detailing the responses received to the letter at that time. A copy of the 15 November 2017 Council report is attached for information. The following was resolved by Council at the 15 November Council meeting:

 

09.02 CORRESPONDENCE RECEIVED RELATING TO THE NOTICE OF MOTION

RE BY-ELECTION FOR POPULARLY ELECTED MAYOR

 

RESOLVED: Levido/Griffiths

 

That Council:

1.   Note the information contained in this report that relates to a Notice of Motion tabled at the 16 August 2017 Council meeting on issues around the operation of Section 276 (2) of the NSW Local Government Act 1993, relating to the  by-election for the popularly elected Mayor.

2.   Request the General Manager bring a report to Council’s April 2018 Meeting with a further update as to the responses generated.

 

CARRIED: 9/0

 

FOR: Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

AGAINST: Nil

 

In line with Resolution 2) above, there have been no more responses received to the letter referred to above at the time of writing this report. This means that the responses received to date remain as per the 15 November Council report, which were as follows:

 

·    Leslie Williams MP, Member for Port Macquarie.

 

Letter dated 30 October 2017 and received on 2 November 2017, noting receipt of the letter to the Minister for Local Government and offering to assist us further in this matter once a response from the Minister is forthcoming.

 

·    The Hon. Dr David Gillespie MP, Federal Member for Lyne.

 

Letter dated 6 September 2017 and received on 22 September 2017, noting that Dr Gillespie would discuss this issue with local State Government representatives and also noting that State Government legislation is outside of his area of responsibility. A copy of this letter is attached for information.

 

·    The Hon. Ernest Wong MLC, Parliamentary Secretary to Luke Foley MP, on behalf of Luke Foley MP, Leader of the NSW Opposition.

 

Letter dated on 12 September 2017 and received on 13 September 2017, stating that the matter would be referred to the Shadow Minister for Local Government, the Hon. Peter Primrose MLC. A copy of this letter is attached for information.

 

·    The Hon. Mr Peter Primrose MLC, Shadow Minister for Local Government.

 

Letter dated 10 October 2017 and received on 16 October 2017, noting that the Shadow Minister has written to the Minister for Local Government seeking advice from the Ministers officers and an offer to work with the Government in Parliament to resolve the issues raised in the letter. A copy of this letter is attached for information.

 

As per the recommendations included in this report, it is now considered appropriate for Council to request the General Manager to follow up in writing any outstanding responses from the original list of correspondence recipients and to provide a further report back to Council on any additional responses received at the 18 July 2018 Council meeting.

 

Options

 

Council can resolve in line with the recommendations included in this report or in some other manner as appropriate.

 

Community Engagement & Internal Consultation

 

There has been no community engagement or internal consultation in relation to this report.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

There are no financial and economic implications in relation to this report.

 

Attachments

 

1View. Council Report - Correspondence Received Relating to the Notice of Motion re By-Election for the Popularly Elected Mayor - 15 November 2017

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          09.03

 

Subject:     Status of Reports From Council Resolutions

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

1.3.2 Build trust and improve Council's reputation through transparency, good decision making and living Council’s Values.

 

 

 

RECOMMENDATION

 

That Council note the information contained in the Status of Reports from Council Resolutions report.

 

Discussion

 

Report

Status

Reporting Officer

Original Anticipated Date for Report

Current Anticipated Date for Report

 

By-election for Popularly Elected Mayor – Correspondence Responses

(Item 09.02 – OC 15/11/17)

 

GM

 

Apr 2018

 

City Managers Conference – post attendance report

(Item 09.03 – OC 15/11/17)

 

GM

 

Apr 2018

 

Climate Leadership Conference – post attendance report – Clr Alley

(Item 09.08 – OC 13/12/17)

 

GM

 

Apr 2018

 

Tastings On Hastings – consultation with stakeholders

(Item 10.04 – OC 21/02/18)

 

DSG

 

Apr 2018

 

Port Macquarie Flagstaff

(Item 12.15 – OC 21/02/18)

 

DDE

 

Apr 2018

 

Water Fluoridation - request for detailed information on studies and programs

(Item 10.01 - OC 15/07/15)

Awaiting further information from NSW Health.

DI

Nov 2016

May 2017

Jul 2017

Sept 2017

Nov 2017

Dec 2017

Mar 2018

Apr 2018

 

QFPM – Lake Cathie Opening Strategy

(Item 13.01 – OC 21/03/18)

 

DDE

 

Apr 2018

 

QFPM – Show Ground Primitive Camping

(Item 13.02 – OC 21/03/18)

 

DSG

 

Apr 2018

 

Classification of Land - Lot 5 DP774400 Stingray Creek Bridge Environmental Offset

(Item 12.01 - OC 16/11/16)

 

DCP

 

April 2018

 

Biodiversity Strategy – post exhibition

(Item 12.06 – OC 13/12/17)

Submissions still being reviewed

DDE

Apr 2018

May 2018

 

Urban Growth Management Strategy 2017-2018 – post exhibition

(Item 12.06 – OC 18/10/17)

Submissions currently still under review

DSG

Feb 2018

May 2018

 

Planning Proposal - Homedale Road Kew - post exhibition

(Item 13.07 - OC 14/12/16)

Awaiting further response from proponent prior to public exhibition based on state agency consultation.

DSG

Oct 2017

Dec 2017

May 2018

 

Draft Structure Plan for the Greater Sancrox Area - consideration/investigations of potential urban capability/serviceability / capacity of lands between Oxley Highway to north, Pacific Highway to west and Houston Mitchell Drive to south and viability of rural residential development in the Greater Sancrox area.

(Item 13.07 - OC 18/02/15)

Delayed to align with UGMS report.

DSG

Dec 2016

May 2017

Jun 2017

Dec 2017

May 2018

 

Alternative Investment Options for higher returns

Item 09.10 – OC 15/11/17)

 

DCP

 

May 2018

 

Stormwater Strategy

(Item 12.11 – OC 13/12/17)

 

DI

 

Jun 2018

 

The Boom Reserve Dog Off-Leash Park

(Item 12.05 – OC 21/03/18)

 

DDE

 

Jun 2018

 

2018-19 IP&R Documents – post exhibition

(Item 09.07 – OC 21/03/18)

 

DCP

 

Jun 2018

 

Tuffins Lane Sporting Fields - Terms of Agreement

(Item 06.02 - OC 14/12/16)

 

GM

 

Jul 2018

 

Future of Committees following establishment of Cultural Steering Group

(Item 15.05 - OC 19/04/17)

Item is to be discussed at a future Cultural Steering Group meeting

DSG

Jun 2017

Jul 2017

Sep 2017

Oct 2017

Feb 2018

April 2018

Jul 2018

 

Markets Policy

(Item 11.01 - OC 13/12/17)

In discussion with the Economic and Cultural Development Portfolio

DSG

Apr 2018

July 2018

 

Impact of Road Openings and Closures on Private Property

(Item 12.03 - OC 18/09/13)

To be included in overall review of roads policies.

Information still being sought.

DI

Mar 2015

Jun 2017

Jul 2017

Dec 2017

Mar 2018

 

 

Jul 2018

 

Port Macquarie Town Centre Pedestrian Facility Investigations - post community engagement

(Item 13.05 - OC 14/12/16)

Aspects of the engagement are outstanding

DI

Aug 2017

Oct 2017

Feb 2018

 

 

Sep 2018

 

Opportunities for Local Firms to do Business with Council

(Item 11.01 – OC 16/08/17)

 

DCP

 

Oct 2018

Canal Maintenance

(Item 12.04 – OC 18/10/17)

 

DI

 

2018/2019

FY

 

Draft Biodiversity Certification Assessment and Strategy - Port Macquarie Airport and Surrounding Land - viability and implications of the options for securing the required Blackbutt Tallowwood dry grassy open forest and Koala habitat credits, prior to the clearing that creates the demand for those credits.

(Item 12.01 - OC 10/08/16)

 

DDE

 

TBA

 

Planning Proposal - Lot 2 DP1091253 Beach St, Bonny Hills

(Item 12.02 - OC 19/04/17)

 

DSG

 

TBA

 

Planning Proposal - Lot 14 DP240042, Pioneer Street, North Haven. King And Campbell Pty Ltd For Rd & Ml Tate And Tate Developments Pty Ltd - Post Exhibition

(Item 13.05 - OC 17/05/17)

 

DSG

 

TBA

 

Tree Management – Proposed Improvements

(Item 12.06 – OC 20/09/17)

 

DDE

 

TBA

 

Long Flat Village Sewer Scheme – Acquisition of Land and Easement – Classify as Operational Land

(Item 12.03 – OC 18/10/17)

 

DI

 

TBA

 

Planning Proposal PP2016 – 11.1 Mission Terrace Lakewood – post exhibition

(Item 12.06 – OC 15/11/17)

 

DDE

 

TBA

 

 

Cyclic Reports

 

Report

Reporting Officer

Reporting Cycle

Mayoral Discretionary Fund Allocations

GM

Monthly

Monthly Financial Update

DCP

Monthly

Investments

DCP

Monthly

Recommendations by the Mayor’s Sporting Fund Sub-Committee

SG

Monthly

Development Activity and Assessment System Performance

DDE

Quarterly

(May, Aug, Nov, Feb)

Operational Plan – Quarterly Progress Report

DCP

Quarterly

(Nov, Feb, April, Aug)

Glasshouse Strategic Plan Update

DCP

Biannual

(Feb, Aug)

Delivery Program – Six Monthly Progress Report

DCP

Biannual

(Mar, Sep)

Site Specific LEP Amendments - Update

 

DSG

Biannual

(Mar, Sep)

Long Term Energy Strategy – Progress Report

DDE

Biannual

(Apr, Oct)

Economic Development Strategy - Progress Report (Item 10.03 - ORD 20/11/2013)

DSG

Biannual

(Jun, Dec)

Performance of Property Investment Portfolio 6-Monthly Report

(Item 09.09 - OC 12/12/17)

DSG

Biannual

(May, November)

Mayoral and Councillor Fees (Setting of)

GM

Annually

(Jun)

MIDROC Strategic Plan 2013-2017 Outcomes

(Item 08.03 - ORD 21/08/2013)

GM

Annually

(Jul)

(re-list to Sep)

Council Policy - Status Report

DCP

Annually

(Jul)

Recreation Action Plan – Status Report

DDE

Annually

(Jul)

Annual Report of the Activities of the Mayor’s Sporting Fund

DSG

Annually

(Sep)

Compliments and Complaints Annual Report

DSG

Annually

(Sep)

Council Meeting Dates

GM

Annually

(Sep)

Creation of Office - Deputy Mayor

GM

Annually

(Sep)

Audit Committee Annual Report

DCP

Annually

(Sep)

Annual Report of Disability Discrimination Act Action Plan

DSG

Annually

Sep)

Legislative Compliance Register

CP

Annually

Sep)

MIDROC Strategic Plan 2013-2017 Outcomes

(Item 08.03 - ORD 21/08/2013)

GM

Annually

(Sep)

Annual Disclosure of Interest Returns

GM

Annually

(Oct)

Council’s Annual Report

DCP

Annually

(Nov)

Update Report - Impact of cost shifting for the previous financial year including any additional categories of cost-shifting that have been identified

(Item 09.04 - OC 21/10/15)

DCP

Annually

(Nov)

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          09.04

 

Subject:     Disclosure of Interest Return

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

1.3.2 Build trust and improve Council's reputation through transparency, good decision making and living Council’s Values.

 

 

 

RECOMMENDATION

That Council note the Disclosure of Interest returns for the following positions:

1.       Director Infrastructure.

 

Executive Summary

This report informs Council of the lodgement of a return disclosing the interests of a designated person which are required under section 445 of the Local Government Act 1993.

Discussion

 

Section 445 of the Local Government Act 1993, requires Designated Persons to prepare and submit written returns of interests in accordance with section 449.

The following positions are designated person under the Local Government Act:

 

1.      Director Infrastructure.

 

Section 450A(1) requires the General Manager to keep a Register of Returns and section 450A(2) requires the General Manager to table the Returns at the first Council meeting held after the last date for lodgement.

 

The Returns are then held in the Governance Section of Council and, as required by section 6 of the Government Information (Public Access) Act 2009, are available for public inspection, by appointment.

 

The returns for the following positions will be tabled at this meeting:

1.       Director Infrastructure

Options

Nil.  Lodgement of a Return by a Designated Person is a requirement under section 445 of the Local Government Act.

Community Engagement & Internal Consultation

 

Internal Consultation

·    Group Manager Governance and Procurement.

·    General Manager.

·    Director Infrastructure.

Planning & Policy Implications

There are no planning or policy implications.

Financial & Economic Implications

There are no financial or economic implications.

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          09.05

 

Subject:     Monthly Financial Review for March 2018

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

1.5.1 Manage Council’s financial assets and provide accurate, timely and reliable information.

 

 

RECOMMENDATION

 

That Council adopt the adjustments in the “Financial and Economic Implications” section of the Monthly Financial Review Report for March 2018.

Executive Summary

 

This report will detail the monthly budget adjustments to 31 March 2018.

 

The Council adopted budget position as at 1 July 2017 was a shortfall of $586,858. 

The approved budget adjustments since that time have reduced this shortfall position to $64,023. The budget adjustments included in this report will maintain the budget position at a shortfall of $64,023.

 

Discussion

 

Each month, Council’s budgets are reviewed by Managers and Directors with any required adjustments reported.  The purpose of this report is to provide Council with an up to date view of the current actual financial position in comparison to the original adopted 2017-2018 budget along with the proposed movement of funds to accommodate any changes.

 

Any overspends greater than $50,000 and 2% of the project budget are reviewed and approved by the Executive Group, being their function to oversee operational activities and approve operational actions.

 

Monthly Budget Review Summary

 

 

Original Budget as at 1 July 2017

 

Shortfall

 

($586,858)

Plus adjustments:

 

 

July Review

Balanced

$0

August Review

Surplus

$267,217

September Review

Shortfall

($34,492)

October Review

Balanced

$0

November Review

Surplus

$290,110

December Review

-

-

January Review

Balanced

$0

February Review

Balanced

$0

March Review

Balanced

$0

Forecast budget position for 30 June 2018

Shortfall

($64,023)

The following adjustments reflect budget movements as a result of over-expenditure reviews, transfers between accounts, grant funding, transfer from reserves and additional receipts etc. that have no impact on the budget position (for example additional income has an associated expenditure budget):

 

Description

Notes

Funding Source

Amount

Grant Funds

1

Grant

$17,000

Reserve Transfers

2

Reserve

$787,000

Contributions from other funds

3

Revenue

$550,000

Council Report

4

Reserve

$45,000

Deferrals/Deletions

5

Reserve/S94

$99,791

Total

 

 

$1,498,791

1.    Grant funding.

The total increase in project value for 2017-2018 is $17,000.

 

Council project

Grant provider

Amount

Funding

Comments

Section

Koala Monitoring Project

NSW Office of Environment & Heritage

$4,000

Grant

Additional grant received to allow project completion

Natural Resources

The Nature School Zone – The Ruins Way

Roads and Maritime Services

$9,000

Grant

Grant received for the establishment of a school zone.

Network & Project Planning

Port Macquarie Hastings Fishing Litter Project

NSW Environment Protection Authority

$4,000

Grant

Council received a grant for $77,400 for this project.  The amount included this month is the expected spend in this financial year.

Waste Management

 

TOTAL

 

 

$17,000

 

 

 

 

 

2.       Reserve Transfers

 

Additional reserve funding has been used this month to fund the following projects.

 

Project Name

Reserve

T/f from (reduction) T/f To (increase)

Other Funding

Reserve Amount

Comments

Port Macquarie Airport – Hangar Refurbishment

Airport

T/f from

Nil

      $30,000

 

Executive have approved a new project bid for this project.  This will allow refurbishment works on the Council owned hangars at the Port Macquarie Airport.

Town Green Central & West – Pre-construction activities

Working Capital

T/f from

Nil

$80,000

 

This project is a priority for Council and Executive have approved a new project bid for the project.  Accordingly a budget has been allocated for the detailed design and requisite approvals.

Health & Education Precinct

Economic Development

T/f from

Nil

$127,000

 

The development and commencement of a project plan for the Health and Education Precinct is a key action in the 2017-18 Operational Plan.   This budget is to allow the project to proceed.

Stingray Creek Bridge – Water Contribution

Water

T/f from

Nil

$180,000

This is the water supply component of the Stingray Creek Bridge Project

Stingray Creek Bridge – Sewer Contribution

Sewer

T/f from

Nil

$370,000

This is the sewerage services component of the Stingray Creek Bridge Project

Net Transfer from reserves

 

    $787,000

 

 

3.    Contributions from other funds

 

 

Project Name – Funds transferred to

 

 

Fund transferred from

 

Budget

 

Comments

Stingray Creek Bridge

Water & Sewerage

$550,000

Works undertaken on water and sewerage assets in conjunction with the Stingray Creek Bridge project were always intended to be funded by the water and sewerage funds.  The actual cost of these works could only be calculated at the completion of the project.  Now that the bridgeworks are complete the contribution from water and sewer needs to be included in the project budget.

 

TOTAL

 

 

$550,000         

 

 

4.    Council Reports

 

One budget adjustment was included in the confidential report to Council on the 21 March 2018.

 

T-17-57 Investigation and design of Trunk Water Main Augmentation between Sancrox Reservoir and Wauchope.  Included in the financial and economic implications was the following:

 

“Based on the supplied contract program, this project will continue into the 2018/19 Financial Year. The projected project cash flow indicates that an additional $45,000 will be required within this financial year, with the balance of the project cost then carrying over into the 2018/19 financial year”

 

Accordingly an additional $45,000 has been included in this review to this project.

 

5.   Deferrals

 

A number of projects have been deferred or deleted in this review.

 

Project Name

Section

Amount Budget Reduced

Funding

Comments

Area 14 Koala Fencing Design

Natural Resources

$30,000

Pre 93 Section 94

Due to resourcing constraints the full project budget has been deferred until 2019/20.

Cairncross Landfill – Gas Trial

Waste Management

$19,791

Waste Reserves

 

This trial has been suspended and will re-commence in 2020/21.  The unspent component of this budget has been deferred.

Kew Transfer Station – Install Solar Energy

Waste Management

$50,000

Waste Reserves

Due to resourcing constraints the full project budget for this project has been deferred until 2019/20. 

 

TOTAL

 

$99,791

 

 

 

Options

 

Council may adopt the recommendation as proposed or amend as required.

 

Planning & Policy Implications

 

There are no planning and policy implications.

 

Financial & Economic Implications

 

Attached to the report for information is each individual budget adjustment by Division and Section. The budget movements within this report maintain the current budget position to a shortfall of $64,203.

Responsible Accounting Officer Statement

The approved original budget result for 2017-2018 was a shortfall of $586,858.  The budget adjustments in this report improve the current budget position to a shortfall of $64,023.  The shortfall position is considered an un-satisfactory result for the year, and accordingly budgets will be closely monitored during the remainder of the year.

 

Attachments

1View. March 2018 Budget Review

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          09.06

 

Subject:     Investments - March 2018

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.1 Manage Council’s financial assets and provide accurate, timely and reliable information.

 

 

RECOMMENDATION

 

That Council note the Investment Report for the month of March 2018.

 

 

Executive Summary

 

·    Total funds invested as at 31 March 2018 equals $268,635,027.

·    Interest for the month of March was $685,670.

·    The year-to-date investment income of $5,961,017 represents 94.16% of the total annual investment income budget of $6,330,600.

·    Council’s total investment portfolio performance over the last 12 months was 1.38% above the benchmark (3.11% against 1.73%).  Benchmark being the Bank Bill reference rate as at 31 March 2018 as identified on www.bloombergindices.com.

 

Discussion

 

Council has engaged Imperium Markets to provide both an investment management platform and investment advisory service. This decision was based on the need to provide more rigour and transparency around investment choices and to provide a sound framework to support the need for increased financial sustainability into the future.

 

The attached investment report and portfolio provides detailed information on the performance of council’s investment portfolio.

 

Overview

 

Councils (including Port Macquarie-Hastings Council) provide a broad range of services and associated infrastructure to their communities.

 

These services include (but are not limited to) the following:

 

-     Water and Sewer services;

-     Waste services;

-     Port Macquarie Airport;

-     Cemeteries;

-     Roads and Bridges;

-     Various Recreation and Cultural facilities.

 

The Port Macquarie-Hastings area is a high growth centre of the North Coast region and is expected to accommodate a significant proportion of regional growth over the next two decades. The population will grow from 79,114 in 2016 to 102,926 in 2036. As a consequence of this growth, Council must not only provide services to the existing community and maintain existing assets, but Council must also plan for future maintenance and capital expenditure on the infrastructure that will be needed to support the community, business and visitors to the area into the future.

 

Council holds cash reserves as an alternative to (or to supplement) borrowing. As at June 2017, Council held $251 million in cash and reserves. Predominantly, these reserves are all allocated for specific purposes, with 70% of these reserves legally only being able to be used for the purpose for which they were collected (for example for water and sewer). The remaining reserves are also predominantly held for specific purposes (for example, for the development of the Airport, or to fund projects which have already commenced). The balances of these reserves are audited annually and published in Council’s financial statements.

 

An independent analysis was conducted on Council’s financial reserves. The review found:

 

·    The Port Macquarie-Hastings local government area has experienced an unprecedented level of development activity. Whilst this has increased the level of reserves held through developer contributions, councils experiencing a high level of development activity require relatively high levels of reserves in order to adequately cope with the required levels of infrastructure spending.

·    Council’s reserve levels to be broadly appropriate and reasonable in light of Council’s circumstances. In particular... that Council has successfully maintained a prudent buffer to prepare against potential financial risks associated with the predicted high development activity.

 

The full report is available on Council’s website:

 

http://www.pmhc.nsw.gov.au/About-Us/What-Council-Does/Corporate-Planning-Reporting-Budgets/Financial-Reports?BestBetMatch=financial%20reserves|cdbad291-68a4-4d81-8aee-b3733958e5ca|bd0cff62-3134-4e81-9f7e-de4e65feb428|en-AU

 

Current Investments

 

Council is required to undertake investments in accordance with section 625 of the Local Government Act 1993.  This report provides details of Council’s investments, and certifies that all funds that Council has invested as at 31 March 2018, comply with this Act.

 

All investments have been made in accordance with the Act and Regulations, and Council’s Investment Policy.

 

As at 31 March 2018, the investments held by Council totalled $268,635,027 and were attributed to the following funds:

 

General Fund

118,672,758

Waste Fund

14,809,133

Water Fund

84,691,491

Sewer Fund

49,167,825

Sanctuary Springs Fund

37,580

Broadwater

1,256,240

 

268,635,027

 

Whilst the current level of investments remain high, these largely relate to funds which have legal restrictions (for example water and sewer), or for funds held for specific purposes.

 

These funds may be spent in the shorter or longer term depending on the required timing of future works. The totals will fluctuate dependent on the status of individual projects.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Council uses the services of an independent financial advisor, on an ongoing basis with investments. The investments placed this month were term deposits. At least three quotes were obtained from financial institutions in line with Council’s Investment Policy. Council obtains regular updates regarding market activities positions from various institutions.

 

Planning & Policy Implications

 

There are no planning and policy implications.

 

Financial & Economic Implications

 

Benchmark and budget levels have been met on a year to date basis. On an annual basis, if benchmark levels are not reached, then this may result in budget cuts in other areas to fund the shortfall.

 

Council’s total investment portfolio performance for 31 March 2018 is 1.38% above the benchmark (3.11% against 1.73%) and year to-date income is 94.16% of the total annual budget. 

 

It should be noted that investment income is noted as a gross amount. Section 97(5) of the Local Government Act 1993 indicates that any security deposit held with Council must be repaid with interest accrued. These security deposits will only relate to bonds held for security to make good damage done to works.

 

The overall investment income will be adjusted at financial year end by the total interest refunded on repayment of bonds. As Council constantly receives and refunds bonds, it is difficult to accurately determine the quantum of these refunds.

 

Certification

 

I hereby certify that the investments listed within this report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

 

Karen Rowe

Responsible Accounting Officer

 

Attachments

 

1View. Monthly Investment Report - March 2018

2View. PMHC Portfolio - March 2018

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          09.07

 

Subject:     Climate Leadership Conference

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.3.2 Build trust and improve Council's reputation through transparency, good decision making and living Council’s Values.

 

 

 

RECOMMENDATION

 

That Council note the Climate Leadership Conference report.

 

Executive Summary

 

Councillor Alley attended the Climate Leadership Conference which provided a number of presentations for Council to consider.

 

Discussion

 

At the Ordinary Council Meeting held 13th December 2017, Council resolved:

Resolution 9.08 Request to Attend Climate Leadership Conference - March 2018 - Councillor Peter Alley

RESOLVED:  Hawkins/Intemann

 

That Council:

1.       Approve the attendance of Councillor Peter Alley at the Climate Leadership Conference to be held in Sydney from 15 to 16 March 2018.

2.       Request that within one month of Councillor Alley’s attendance at the Climate Leadership Conference, a report be tabled at an Ordinary Meeting of Council regarding reasons for attending the conference, the outcomes of the conference, the agenda of the conference and any areas of interest specific to Port Macquarie-Hastings Council discussed at the conference.

carried:      6/2

For:   Alley, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Cusato and Griffiths

 

In line with Resolution 2 above, this is the report of Councillor Alley of the proceedings of the conference.

 

To note that the conference agenda (attachment 1) and the COP21 Guide for Local and Subnational Governments are attached (attachment 2).

 

The opening address was given by Patrick Suckling, Australia’s ambassador to the environment. He summarized the importance of the Paris Climate Agreement as follows:

 

·    There is growing consensus on the science.

·    There is a decision to take action to limit global temperature increases to 2% by 2100, by 195 countries with 175 ratifying the agreement so far.

·    There is a large degree of corporate support for action on climate change. The cost of doing nothing, is not nothing. We don’t have to choose between economic growth and emissions reduction. Combined climate action and economic activities enhances economic growth.

Dr Melanie Kabernick, director of the Carbon Neutral Team, Australian Government Department of Environment and Energy spoke of the benefit of voluntary action on achieving Carbon Neutral Certification. A number of councils have already committed to achieving this including City of Sydney, City of Melbourne and Brisbane City Council as well as Charles Sturt University. There are national carbon offset standards for Products and Services, Organisations, Precincts, Buildings and finally Events.

 

Presentations were made from each of the Environmental departments of the Victorian, South Australian and Queensland Governments. Each stated their objective of achieving 30% reduction in emissions within their state by 2030. While the Commonwealth government have not stated any 2050 targets, each of these states have set a target of net zero emissions by 2050, based on the Paris targets of 2100.

 

Steve Gawler, Regional Director of I.C.L.E.I. Oceania spoke on the levers that Local Government have to bring about change including (attachment 3):

 

·    Regulatory      Laws, by-laws, permits, fines

·    Planning          Frameworks, zoning, building codes

·    Financial          Property rates, fees, subsidies

·    Market             Procurement, supply chains

·    Operations      Property, infrastructure

·    Leadership      Information, coordination, modelling

 

He spoke of the need to develop local goals to match national goals.

 

Economist John Hewson, former Liberal Party Federal Leader of the Opposition, spoke of the financial risks of climate change. Regulators and the market do not understand risk and they cannot price risk. Under the federal government’s proposed National Energy Guarantee (NEG), John spoke of the risk that generators without storage arrangements may well become stranded assets.

 

Considerations for Port Macquarie Hastings Council:

 

1.   The nexus between action on Climate Change and limiting economic growth in our community, no longer exists.

2.   The Australian Government has committed, with 194 other countries, to limiting global temperature increases to 2 degrees by 2100 and this requires action at all levels of government.

3.   Local Government has a role to play is at the forefront of climate change and has a significant role to play in mitigation, adaption and in community leadership.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Internal Consultation

·    General Manager.

·    Group Manager Governance and Procurement.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

There are no financial and economic implications in relation to this report.

 

Attachments

 

1View. Conference Agenda

2View. COP21-Report Guide for local and subnational governments

3View. Steve Gawler and Bernie Cotter - ICLEI

4View. Julia Grant - SA Department of Environment, Water and Natural Resources

 

 


AGENDA                                                                                Ordinary Council

18/04/2018









 

 

What we are trying to achieve

A healthy, inclusive and vibrant community.

 

What the result will be

 

We will have:

              Community hubs that provide access to services and social connections

              A safe, caring and connected community

              A healthy and active community that is supported by recreational infrastructure

              A strong community that is able to identify and address social issues

              Community participation in events, programs, festivals and activities

 

How we will get there

 

2.1     Create a community that feels safe

2.2     Advocate for social inclusion and fairness

2.3     Provide quality programs, community facilities and public spaces, for example, community halls, parks and vibrant town centres

2.4     Empower the community through encouraging active involvement in projects, volunteering and events

2.5     Promote a creative and culturally rich community

 

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          10.01

 

Subject:     Recommended Items from the Mayor's Sporting Fund Sub-Committee - March 2018

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.3.2 Provide a range of inclusive sporting and recreational opportunities and facilities to encourage a healthy and active lifestyle.

 

 

 

 

RECOMMENDATION

That Council, pursuant to the provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund as follows:

1.       Ian Matthews in the amount of $300.00 to assist with the expenses he will incur travelling to and competing as part of the Northern NSW Team to compete at the Tokyo U14s International Youth Football Tournament to be held in Tokyo in May 2018.

2.       Dylan De Domizio in the amount of $400.00 to assist with the expenses he would have incurred travelling to and competing for three days at the Australian Junior Athletics Championships held 14 – 18 March 2018 in Sydney.

3.       Max Milligan in the amount of $400.00 00 to assist with the expenses he would have incurred travelling to and competing for three days at the Australian Junior Athletics Championships held 14 – 18 March 2018 in Sydney.

4.       Matthew Catania in the amount of $200.00 00 to assist with the expenses he would have incurred travelling to and competing for one day at the Australian Junior Athletics Championships held 14 – 18 March 2018 in Sydney.

 

Executive Summary

The Mayor’s Sporting Fund Sub-Committee met on 22 March 2018, reached consensus on Item 8 (attached) and submits the above recommendation for Council’s consideration.

 

Attachments

 

1View. Extract Item 8 - MSF Meeting - March 2018 

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          10.02

 

Subject:     Tastings on Hastings

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.5.1 Support cultural activities within the community.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the further engagement on and assessment of the potential 2018 Tastings on Hastings event;

2.       Not deliver a Tastings on Hastings Event in 2018;

3.       Request the General Manager develop and implement an October 2018 Bicentenary event, as the key community event for 2018;

4.       Request the General Manager table a future strategy for Tastings on Hastings at the November 2018 Ordinary Council meeting.

 

Executive Summary

 

Council delivers a wide range of events to and in partnership with our community.  Key to this over the past 15 years is Tastings on Hastings - a strong fixture in the local calendar and the largest community gathering in our region.  At the February Council meeting, staff presented a report that outlined how the event has evolved, changes within the region’s event and food and wine landscape over that time, and the constraints and challenges of delivering an event of this magnitude.  It noted the conclusion of a 3 year Tastings on Hastings strategy (adopted by Council in August 2014) and the need to assess the future event strategy as well as potential implications of the 2018 and 2021 Bicentenary events and celebrations.

 

Further engagement with stakeholders since the February 2018 Council meeting has reinforced the desire to see Council support a range of local events, including a “flagship” community event, such as Tastings on Hastings.  Key stakeholders have acknowledged, that like many events ‘Tastings on Hastings stemmed from a particular need (to support and promote local produce), and has grown and evolved over time.  To ensure its future success there must be a clear vision that resonates with the local community and a point of difference for visitors.  To develop this for the future will require more time and broader community engagement.

 

With the reduced window of opportunity to develop and implement the event in 2018, and noting the significance of Bicentenary celebrations, it is recommended that Council not deliver Tastings on Hastings this year, and instead allocate these resources to develop and deliver an October community Bicentenary event.  Further, it is proposed that staff work in coming months to engage with our community on our future events and consider the potential future strategy for Tastings on Hastings.

 

Discussion

 

At the Ordinary Council Meeting held on 21 February 2018, Council resolved:

 

RESOLVED: Turner/Hawkins

That Council defer consideration of this item until the April 2018 Council Meeting to allow consultation with stakeholders to take place.

CARRIED: 8/0

FOR: Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido and Turner

AGAINST: Nil

 

Event assessment

 

As noted in the 21 February Council report and attachments, comprehensive engagement with event visitors and stakeholders in recent years paints a picture of Tastings on Hastings as a much loved event in our annual calendar and the largest annual local community gathering.

 

In addition, Tastings has provided valuable leverage for our destination public relations through our efforts co-hosting visiting travel, leisure and food writers with Destination NSW.  With a solid basis of feedback from local event attendees and participants, recent stakeholder engagement has had a particular focus on those who are invested in how the event supports the promotion of our region as a quality food and wine destination. These stakeholders include our Council and contracted event coordination, marketing and sponsorship staff, Destination NSW and the Greater Port Macquarie Tourism Association.

 

This stakeholder engagement and further consideration of consolidated event feedback has made it clear that the six months available to the October event delivery timeframe, does not allow scope to develop and deliver the 2018 Tastings event, in anything similar to recent event formats.  Additionally, the previously proposed approach of a Tastings event with a bicentenary focus has the potential to dilute both purposes, and in particular be detrimental to the “Tastings” event reputation/brand.  

 

Proposed way forward for 2018

 

Noting the unique period in our history which is now upon us, we have the opportunity to look at how the community celebrates our place and our past with bicentenaries in 2018 (discovery by John Oxley) and 2021 (European establishment of Port Macquarie as a penal settlement). Indeed, much of the focus of our Bicentenary Working Group in recent months has been to ensure Council supports a range of events to commemorate this occasion.

 

In addition to the calendar of 2018 community bicentenary events which is now being finalised, October is an obvious focal point for a larger community gathering. It was from 8-12 October 1818 that explorer John Oxley trekked through our region, following the Hastings River and naming the area Port Macquarie.

It is hence, recommended that the 2018 Tastings resources be allocated to the delivery of a key local bicentenary event – ‘Explore Greater Port Macquarie – a journey through time”. 

It is proposed that this event have the following objectives:

·    Activate the Town Green and Town Square with live music, cultural experiences and local food and beverages, similar to previous evening ‘Tastings Ignite” events.

·    Activate the Hastings River as part of the event on Town Green and Town Square.

·    Integrate with activation of other local sites across the weekend – history, culture or food, enabling scope for ‘satellite’ events across the Port Macquarie CBD, and wider region.

·    Use local heritage sites to connect the community to the story of our place and the bicentenary, this would be done through tours (physical and virtual), cultural elements, food and music at various locations.

·    Market the event to encourage our community to join the celebration and integrate the event in our destination marketing and PR activities.

 

Implications of adopting proposed way forward for 2018

 

It is recognised that an October bicentenary event could potentially provide an alternative community event to Tastings this October, but that also, we must be mindful to ensure we do not take our eye off the other objectives Tastings helps fulfil – particularly as they relate to local industry and destination public relations opportunities.

 

Tastings on Hastings has supported the growth of our local food and beverage industry over many years and the intention is to continue this support via the opportunity to participate in the recommended bicentenary event.  Further, it is acknowledged that our region hosts many opportunities for farmers and producers to market their goods throughout the year – these have grown exponentially since Tastings started 15 years ago and include regular markets (eg Wauchope Farmers Markets, The Real Food Markets, The Foreshore Markets, The Artists Markets, The Twilight Markets), events such as Slice of Haven, Oysters in the Vines, Blues and BBQ Festival, Beer and Cider Festival, and regular degustation dinners, demonstrations and tours, which form part of the Port Macquarie Hastings experience for visitors and locals alike. 

 

With regard to destination public relations, we are in a position to continue this work partnering with Destination NSW to leverage the now extensive range of other local food and beverage events which have developed in recent years.  These include but are not limited to Slice of Haven, Blues and BBQ, Meals in the Fields, Beer and Cider Festival and Oysters in the Vines.  Furthermore, the proposed October bicentenary event could attract new media generating more diverse coverage for the region in the future.   

 

Options

 

Council may choose to:

 

1.   Agree the recommendation and focus on a 2018 October Bicentenary Event, placing a “pause” on Tastings on Hastings for the year.

 

2.   Run a modified 2018 Tastings Event, noting this will require an increase in funding to organise and manage the event in what is now a very short lead-time.

 

3.   Do not hold any event this year in October and focus on supporting other 2018 community events and engaging with the community to develop a plan for future events.

 

Community Engagement & Internal Consultation

 

Internal Consultation has involved the following key areas:

·    Community Place

·    Economic Development

 

External Consultation

·    Local business, exhibitors, sponsors, and event staff.

·    Bicentenary Working Group

·    Greater Port Macquarie Tourism Association

·    Destination NSW.

 

Planning & Policy Implications

 

This activity is consistent with the following Delivery Program Objectives:

2.5.1          Support cultural activities within the community

3.1.4          Implement the Destination Management Plan

3.1.3          Implement the Major Events Strategy

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

The proposed bicentenary event would be funded from the identified cost to Council in the annual budget for the Tastings on Hastings event of $36,200 (net cost), which is proposed (under the draft 2018/19 budget) to be funded from the Economic Development Reserve.

 

Attachments

 

Nil

 

 


AGENDA                                                                                Ordinary Council

18/04/2018









 

 

What we are trying to achieve

A region that is a successful place that has vibrant, diversified and resilient regional economy that provides opportunities for people to live, learn, work, play and invest.

 

 

What the result will be

 

We will have:

         A strong economy that fosters a culture supportive of business and ensures economic development of the region

         Townships, villages and business precincts that are vibrant commercial, cultural, tourism, recreational and/or community hubs

         A region that attracts investment to create jobs

         Partnerships that maximise economic return and create an efficient and effective business environment

 

How we will get there

 

3.1     Embrace business and a stronger economy

3.2     Create vibrant and desirable places

3.3     Embrace opportunity and attract investment to support the wealth and growth of the community

3.4     Partner for success with key stakeholders in business, industry, government, education and the community

 

 

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          11.01

 

Subject:     Notice of Motion - Deferral of Strata Development Contributions

 

 

Mayor Pinson has given notice of her intention to move the following motion:

 

 

RECOMMENDATION

 

That Council request the General Manager investigate and report back to the June 2018 Council Meeting, the possibility of offering the deferral of development contributions for major strata developments, with particular emphasis on the financial implications of such deferrals and whether a trial of such an initiative is possible.

 

Comments by Councillor (if provided)

Nil

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          11.02

 

Subject:     Question From Previous Meeting - Show Ground Primitive Camping

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

 

RECOMMENDATION

 

That Council maintain the current waiver for up to 4 Equivalent Tenements (ET) for any short-term camping grounds approved at not-for-profit showgrounds.

 

Question from Mayor Pinson

 

Can the General Manager please provide information on how Council might go about offering an exception to contributions for show ground trusts who wish to increase their primitive camping capacity?

 

Comments by Councillor (if provided)

 

Nil.

 

Response

 

This matter was considered by Council on 14 November 2012 when it was resolved to waive contributions for up to 4 Equivalent Tenements (ET) for any short-term camping grounds approved at not-for-profit showgrounds.

 

This waiver has been provided to improve the financial viability of showground trusts, in recognition of the community benefit generated by public showgrounds but also has regard to the impact of the waiver on Council revenue and the commercial advantage that may be created in favour of showground groups compared to other commercial operators of camp sites who are required to pay full development contributions.

 

The waiver provides a significant saving for up to 16 camp sites and reduces water, sewer and Section 94 contributions by approximately $125,000 to $135,000 per showground (where water and sewer is available), based on current contribution rates.

 

Should Council decide to increase the number of ET that are waived at not-for-profit showgrounds, the funding implications for Council would also increase. For example, if the waiver was increased to 8ET (up to 32 camp sites), the shortfall in contribution income (up to $270,000 per showground) would need to be met by general revenue ($160,000) and water and sewer rates ($110,000).

 

It is recommended that Council maintain the current waiver for up to 4 Equivalent Tenements (ET) for any short-term camping grounds approved at not-for-profit showgrounds.

 

Attachments

 

Nil

 

 


AGENDA                                                                                Ordinary Council

18/04/2018









 

 

What we are trying to achieve

A connected, sustainable, accessible community and environment that is protected now and into the future.

 

 

What the result will be

We will have:

              Effective management and maintenance of essential water, waste and sewer infrastructure

              A community that is prepared for natural events and climate change

              Sustainable and environmentally sensitive development outcomes that consider the impact on the natural environment

              Accessible transport network for our communities

              Infrastructure provision and maintenance that meets community expectations and needs

              Well planned communities that are linked to encourage and manage growth

              Accessible and protected waterways, foreshores, beaches and bushlands

              An environment that is protected and conserved for future generations

              Renewable energy options that are understood and accessible by the community

 

How we will get there

4.1     Provide (appropriate) infrastructure and services including water cycle management, waste management, and sewer management

4.2     Aim to minimise the impact of natural events and climate change, for example, floods, bushfires and coastal erosion

4.3     Facilitate development that is compatible with the natural and built environment

4.4     Plan for integrated transport systems that help people get around and link our communities

4.5     Plan for integrated and connected communities across the Port Macquarie-Hastings area

4.6     Restore and protect natural areas

4.7     Provide leadership in the development of renewable energy opportunities

4.8     Increase awareness of issues affecting our environment, including the preservation of flora and fauna

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.01

 

Subject:     Notice of Motion - Petition - Flying Fox Colony in Kooloonbung Creek Nature Reserve

 

 

Mayor Peta Pinson has given notice of her intention to move the following motion:

 

 

RECOMMENDATION

That Council:

1.       Note the 2014 petition to Ms Leslie Williams MP resubmitted to the Mayor from concerned residents regarding the Flying Fox colony in the Kooloonbung Creek Nature Reserve.

2.       Note the response from Ms Leslie Williams MP dated 7 March 2018 in relation to the Flying Fox colony in the Kooloonbung Creek Nature Reserve.

3.       Request that the General Manager write to Office of Environment & Heritage (OEH) seeking advice on funding opportunities to manage the impact of Flying Fox colonies adjoining residential properties.

4.       That the General Manager bring back a report to Council for further consideration as soon as practicable following receipt of advice from the OEH.

 

Comments by Mayor (if provided)

I have met with residents who live in close proximity to the Kooloonbung Creek Nature Reserve to hear their continued concerns regarding the Flying Fox colony that resides in the Nature Park.

The residents have resubmitted to me their 2014 petition to Ms Leslie Williams MP regarding the Flying Fox colony, requesting that a review of 2012 Kooloonbung Creek Nature Park Plan of Management be undertaken so that a more positive and satisfactory outcome for the residents surrounding the Reserve may be achieved.

A copy of the petition has been tabled for the information of Councillors.

The Kooloonbung Creek Nature Park Plan of Management 2012 was last amended and adopted by Council at the Ordinary Council Meeting held on 27 June 2012.  At that time, Council committed $50,000 from the 2012-13 Environmental Levy Reserve to assist in the cost of the removal of vegetation to provide a buffer to the Flying Fox colony.

At the Ordinary Council Meeting held on 20 February 2013, Council noted the progress of the implementation of the Plan of Management and resolved:

“That Council continue to focus primarily on the in-situ management of flying foxes”.

This resolution is the current position of Council on the Flying Fox colony.

Following my meeting with the residents, I wrote to the Local Member for Port Macquarie, Ms Leslie Williams MP seeking her advice if there has been any change to State legislation regarding the Flying Fox and in particular, what assistance may be available to Council relating to the population control of Flying Fox colonies. The response from the Local Member advised of funding that was available in 2016 under a Flying Fox Grants Program to implement emergency measures, prepare camp management plans and implement approved measures in existing management plans.  The Local Member also noted the impact of the Flying Foxes on our local community particularly near Kooloonbung Creek Nature Reserve and advised she would be pleased to continue to work in partnership with Council in addressing ongoing concerns.

A copy of Ms Williams’ response letter is attached for information.

 

Attachments

 

1View. Response to request for information - Management of flying fox camps - Leslie Williams MP to Mayor

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.02

 

Subject:     Notice of Motion - Petition - Request for Ocean Tidal Pool in Port Macquarie

 

 

Mayor Peta Pinson has given notice of her intention to move the following motion:

 

 

RECOMMENDATION

 

That Council:

1.       Note the 2016 petition for an ocean tidal pool in Port Macquarie resubmitted to the Mayor by the Port Macquarie Tidal Pool Committee Incorporated.

2.       Note the petition received by the Mayor from Jenny Broughton in March 2017 in favour of an ocean tidal pool in Port Macquarie.

3.       Request the General Manager write to the Member for Port Macquarie, Mrs Leslie Williams MP, requesting that the NSW Government make funding available to the Port Macquarie Tidal Pool Committee Incorporated (the Committee) to enable the Committee to undertake a detailed Feasibility Study for an ocean tidal in Port Macquarie.

 

Comments by Mayor (if provided)

Representatives of the newly formed Port Macquarie Tidal Pool Committee have met with me on several occasions to discuss their proposal for an ocean tidal pool in Port Macquarie.  At a recent meeting, the Committee resubmitted to me their 2016 petition to Council seeking an ocean tidal pool be built in Port Macquarie (location to be decided).

 

A copy of the petition has been tabled for the information of Councillors.

Further to above petition, I have also received a petition from Jenny Broughton in late March 2018 also in support of a tidal pool in Port Macquarie.

 

A copy of this petition has also been tabled for the information of Councillors.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.03

 

Subject:     Notice of Motion - Recycled Waste

 

 

Councillor Turner has given notice of his intention to move the following motion:

 

 

RECOMMENDATION

 

That Council request the General Manager bring back a report to the May 2018 Council Meeting to address the likely impact of recent changes to global markets for recycled waste, including:

1.       Impact on current waste management processes.

2.       Impact on current and future Council budgets.

3.       Impact on Council’s Waste Strategy.

 

Comments by Councillor (if provided)

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.04

 

Subject:     Land Acquisition - Classification of Land Recently Acquired by Council - Stingray Creek

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

4.6.1 Develop and implement a range of programs for the environmental management of lands within the local government area.

 

 

 

RECOMMENDATION

 

That Council:

1.       Pursuant to Section 34 of the Local Government Act 1993, commence the process to classify Lot 1 Deposited Plan 1234044 as “operational” land by placing on public exhibition the proposed resolution “It is intended to classify Lot 1 Deposited Plan 1234044 (land off Stingray Creek - Royan Road, North Haven) as operational land”, from 25 April 2018 for a minimum period of 28 days.

2.       Note that a further report will be tabled to Council at the June 2018 Ordinary Council meeting, detailing any submissions received from the public during the exhibition period.

 

Executive Summary

 

Council has previously resolved to acquire land as an environmental offset arising from the construction of the bridge spanning Stingray Creek.  The environmental offset land has been acquired and is now required to the classified to meet the requirements of the Local Government Act 1993.

 

Discussion

 

At the Ordinary Council meeting held on 16 November 2016, Council considered a report on the acquisition of land at Stingray Creek as an environmental offset arising from the construction of the Stingray Creek Bridge, and resolved as follows:

 

12.01   Land Acquisition - Stingray Creek Bridge Environmental Offset

RESOLVED:  Intemann/Cusato

That Council:

1.       Pay compensation in the amount of $78,800 (excl. GST) to D R & M D Green for the acquisition of 3.08ha of land from Lot 5 Deposited Plan 774400.

2.       Delegate to the General Manager, pursuant to the provisions of Section 377 of the Local Government Act 1993, authority to sign:

(a)     Deed of Acquisition/Contract For Sale;

(b)     Land and Property Information Transfer Form.

3.       Consider a further report on the classification of the land once the land acquisition has been finalised.

Carried: 9/0

For: Besseling, Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido and Turner

Against: Nil

 

Council is advised that the acquisition is now complete and that the classification of the acquired land can now be considered.  Since the November 2016 Council report, the land to be acquired has been surveyed and plan of acquisition DP1234044 has been registered.  Lot 1, the acquired land, is shown highlighted in the attachments to this report.

 

Options

 

There is the option to:

1.   Provide public exhibition on the basis of the land being given a “community” land classification; or

2.   As recommended, provide public exhibition on the basis of the land being given an “operational” land classification.

 

The proposed “operational” land classification is considered appropriate to allow Council to undertake the environmental management activities required.

 

Community Engagement & Internal Consultation

 

The proposed land classification will be notified in “Community Now” for a minimum period of 28 days.  Following the conclusion of the notification period, a further report will be presented to Council at the June 2018 meeting detailing any submissions received during the exhibition period.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

Nominal costs will be incurred in providing public exhibition of the proposed resolution in “Community Now”.

 

Attachments

 

1View. Survey Plan highlighting Lot1 being the land acquired

2View. General location of acquired land

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.05

 

Subject:     Transfer of Land to Council for Sewer Purposes

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

4.1.3 Plan, investigate, design and construct sewerage assets ensuring health, safety, environmental protection and the future growth of the region.

 

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RECOMMENDATION

 

That Council:

1.       Accept the transfer of land being Lot 72 Deposited Plan 1239695.

2.       Delegate authority to the General Manager to sign:

a)      The Land Registry Services Transfer Form

b)      Letter to Revenue NSW seeking exemption from the payment of Stamp Duty

c)      Revenue NSW Purchaser Declaration Form

3.       Pursuant to Section 34 of the Local Government Act 1993, commence the process to classify Lot 72 Deposited Plan 1239695 as “operational” land by placing on public exhibition the proposed resolution “It is intended to classify Lot 72 Deposited Plan 1239695 (land off Major Innes Road, Port Macquarie) as operational land”, from 25 April 2018 for a minimum period of 28 days.

4.       Note that a further report will be tabled to Council at the June 2018 Ordinary Council meeting, detailing any submissions received from the public during the exhibition period.

 

Executive Summary

 

This report is presented to Council to consider the transfer of land arising from the development of the Charles Sturt University campus. The land to be transferred contains a sewer pumping station. As an item of public infrastructure, the land comprising the sewer pumping station should be held in public (Council) ownership.

 

The land, once transferred into Council ownership, is required to be classified in accordance with the provisions set out in the Local Government Act 1993.

 

Discussion

 

As part of the development of the Charles Sturt University campus, development approval required that a sewer pumping station be established at the developer’s cost.  Once established, the land containing the sewer pumping station is to be transferred to Council.  The land containing the sewer pumping station is described as Lot 72 Deposited Plan 1239695 and is highlighted on the attached plan.

 

Under current Land Registry Services procedures, the land containing the sewer pumping station, is not able to be dedicated to Council on registration of the plan of subdivision, DP1239695. It is therefore necessary for the land to be transferred to Council and then classified to satisfy the requirements of the Local Government Act 1993.

 

Options

 

Given the conditions of development consent, it is considered there are no options other than to accept the land transfer and proceed to classify the land.

 

Community Engagement & Internal Consultation

 

There has been consultation between the developer and staff of the Infrastructure Division and Corporate Performance Division.

 

The proposed land classification will be notified in “Community Now” for a minimum period of 28 days.  Following the conclusion of the notification period, a further report will be provided for Council at the June 2018 meeting, detailing any submissions received during the exhibition period.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

Nominal costs will be incurred in providing public exhibition of the proposed resolution in “Community Now”.

 

Attachments

 

1View. Plan depicting location of land to be transferred

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.06

 

Subject:     Water Fluoridation Update

Presented by:  Infrastructure, Alex Fisher

 

 

Alignment with Delivery Program

 

4.1.2 Develop and implement annual maintenance and preventative works program for water supply assets.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the current ongoing legislative requirement to continue with fluoridation of the drinking water supply in accordance with the NSW Fluoridation of Public Water Supplies Act 1957

2.       Continue to monitor relevant updates concerning fluoridation including advice from NSW Health, NHMRC and the outcome of the current Federal Circuit Court matter of Lusk v. Tong and Commonwealth Ombudsman, noting that any changes to the environment or legislation that may impact on Council’s drinking water fluoridation scheme will be reported to Council

3.       Note the information provided within this report.

 

Executive Summary

 

This report provides an update to Council on the current legislative requirements of fluoridation of Councils drinking water supply and its obligations in accordance with the NSW Fluoridation of Public Water Supplies Act 1957.

 

The report details the correspondence received to-date on fluoridation from NSW Health, National Health and Medical Research Council (NHMRC) and the Australian Institute of Health and Welfare as requested by previous Council resolution.

 

The report also tables correspondence Council has received from Citizens Against Fluoride (CAF) and details the recent Public Statement released by NHMRC on 9 November 2017 on drinking water fluoridation.

 

Discussion

 

Background

The majority of Australian water supplies have water fluoridation programs for the expressed purpose of dental health.  Fluoridation of some Australian water supplies has been in place as early as the 1950’s.

At the May 2004 meeting, Council resolved to approach the NSW Government to establish an expert panel to advise the relevant Minister whether there would be a strong case to fluoridate the Hastings Water supply. Port Macquarie-Hastings Council was subsequently directed by NSW Department of Health to fluoridate its drinking water supply following the Council resolution to hand the decision of whether to fluoridate over to NSW Health. The Gazette notice to fluoridate the Hastings water supply was published in August 2004.

In September 2004, Council received correspondence from the NSW Health Chief Dental Officer responding to a previous request from Council for further information regarding the health impacts of fluoridation. This correspondence was not received until after the decision was made by NSW Health to direct Council to fluoridate the water supply.

At the October 2004 meeting, Council resolved as follows:

Resolved: (Drew/Intemann)

 

1. That Council notes and supports the State Government’s direction to introduce fluoride into the Hastings water supply, following Council's resolution of 31 May 2004 and its referral of the matter to the State Government in accordance with Section 6A of the Fluoridation of Public Water Supplies Act 1957.

 

2. That Council lodge a Motion to the 2004 National Assembly of Local Government requesting: “That given the community conflict often associated with the issue at the local level, the ALGA urge all State Governments to review the decision making process by which fluoride is introduced into water supply.”

 

Councillor Price called for a Division.

 

For the Motion: Drew, Sharpham, Nardella, Mayne, Johnston & Prussing

Against the Motion: Price, Intemann & Harrison

 

Fluoridation of the Port Macquarie-Hastings Council water supply commenced in February 2012 following the construction of a fluoride dosing plant at Rosewood.

Current Situation

The National Health and Medical Research Council (NHMRC) is Australia’s leading expert body promoting the development and maintenance of public and individual health standards. 

NHMRC's functions come from the statutory obligations conferred by the NHMRC Act 1992. The Act provides for the NHMRC to pursue activities designed to:

·      raise the standard of individual and public health throughout Australia;

·      foster the development of consistent health standards between the various States and Territories;

·      foster medical research and training and public health research and training throughout Australia ; and

·      foster consideration of ethical issues relating to health.

On 9 November 2017, the National Health and Medical Research Council released the NHMRC Public Statement 2017 – Water Fluoridation and Human Health in Australia.

This 2017 Public Statement recommends community water fluoridation as a safe, effective and ethical way to help reduce tooth decay, and a range within which NHMRC supports states and territories fluoridating their drinking water supplies.

The 2017 Public Statement is based on a comprehensive review of the admitted evidence, and the translation of this evidence into the NHMRC Information Paper – Water fluoridation: dental and other human health outcomes, published in 2017.

The public statement is attached to this report and contains further references to scientific studies that provide evidence on the outcomes of water supply fluoridation.

In NSW, the fluoridation of public water supplies is regulated by NSW Health and legislated by the NSW Fluoridation of Public Water Supplies Act which has been in place since 1957. Approximately 96% of the NSW population has access to fluoridated water.

Internationally, the fluoridation of public water supplies occurs in approximately 20 countries.  The Centre for Disease Control and Prevention in the United States has listed the fluoridation of public water supplies as one of the top ten public health achievements of the 20th century.

The fluoridation of public water supplies is also endorsed by the World Health Organisation (WHO), with the recommendation for setting national standards or local guidelines for dosing to take account of the average daily intake of water by the population of interest and the intake of fluoride from other sources (e.g. from food and air).

The Australian Drinking Water Guidelines recommend that water supply authorities not rely on external information and make their own enquiries as to the safety, or otherwise of any chemicals added to drinking water.

In terms of cost, fluoridating Port Macquarie’s water supply involved an initial capital investment of $1.78 million for construction of Council’s fluoridation dosing plant at Rosewood in 2012.  This funding was provided by NSW Health, under the condition that should Council discontinue dosing the water supply within 15 years of the funding being provided, Council would have to refund the full amount. Annually, the cost to Council of fluoridation fluctuates dependent on supply of chemical, maintenance to dosing equipment and broader site management costs (eg security, fire equipment maintenance, telemetry equipment etc) which are costed to water treatment generally. The direct costs for fluoridating the local water supply including chemical supply, monitoring, training and operations in 2017/18 was $165,542.

Opposition Groups

As experienced with other water supply authorities that have commenced fluoridation, fluoridation of Councils water supply has resulted in a mixed response from the Community.  A community poll undertaken by Council in 1991 found that 71% of the community opposed fluoridation. The poll received a total of 28,731 responses which was held in conjunction with the Local Government elections.

Council has received a number of submissions from individuals and action groups since that time within the community that are opposed to the fluoridation of the water supply with concerns of negative health effects. 

In 2012, Council received a petition containing over 3,000 signatures requesting another community poll on fluoridation, in conjunction with the September 2012 elections. This item was subject to a Council report tabled in May 2012.The matter was deferred for consideration by the new incoming Council.

At the Council meeting held on 15 July 2015, at item number 10.01, Council resolved as follows:

RESOLVED: Intemann/Cusato

That Council request the General Manager:

1.   Write to the NSW Department of Health and the National Health and Medical Research Council (NHMRC) requesting detailed information on their studies and programs relating to water fluoridation.

2.   To provide Coucillors with the responses once received, and report back formally to Council after further clarifying consideration and inquiry by the Roads and Infrastructure portfolio.

CARRIED: 8/0

FOR: Besseling, Cusato, Griffiths, Intemann, Levido, Roberts, Sargeant and Turner

AGAINST: Nil

 

The correspondence from Council, NSW Health and NHMRC was subsequently tabled at the ordinary Council meeting on 18 May 2016, at item number 13.01 as follows:

RESOLVED: Intemann/Roberts

That Council:

1.   Note the information provided in the water fluoridation report and continue to gather information on this matter.

2.   Make a submission to the National Health and Medical Research Council when its Information Paper on fluoridation is released for public comment later this year, with draft/s of the submission provided to Councillors for input and approval prior to finalising the submission.

CARRIED: 7/0

FOR: Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts and Sargeant

AGAINST: Nil

Further correspondence was received from the Australian Institute of Health and Welfare on 18 August 2016.  Copies of each of these correspondence items are attached to this report.

Council has been largely unsuccessful in its request for information on studies being done into the potential for adverse health effects from fluoride consumption. Councillors may wish to pursue that request further.

Council has also received correspondence from Michael Lusk on behalf of the Citizens Against Fluoride group regarding Fluoridation of public water supplies – Regulatory risk – Therapeutic Goods Act (TGA) 1989 dated 5 March 2018.  The correspondence references a current case in the Federal Circuit Court of Lusk v. Tong and Commonwealth Ombudsman.  The case sets out to require that the TGA provide reasons why fluoride is not a Therapeutic Good and therefore not subject to toxicological testing and regulation.

It is proposed that Council continue to monitor this case and the outcome.

Future Reporting

In addition to advice that Council receives from both the NHMRC and NSW Health, Council is routinely kept informed on any major shift in legislation or research into the fluoridation of public water supplies through its membership and affiliation with a number of professional organisations.  These include the NSW Water Directorate, Australian Water Association (AWA), Water Services Association of Australia (WSAA) and the Water Industry Operators Association (WIOA).

Anything that may impact on the fluoridation of Councils water supply will be reported back to Council.  In lieu of this, Council will continue to meet its legal obligations in accordance with the NSW Fluoridation of Public Water Supplies Act 1957.

Should Councillors resolve to pursue further inquiries, the results will be reported to Council accordingly.

Options

 

At this point in time Council does not have any option but to continue with fluoridation of its water supply.  Council is required to continue with drinking water fluoridation in accordance with the NSW Fluoridation of Public Supplies Act 1957:

 

6 B Discontinuation of fluoridation

 

(1)  A water supply to which an approval has been granted or a direction has been given shall not discontinue fluoridating the public water supply concerned, unless the approval or direction is revoked by the Secretary

(2)  A water supply authority contravening this section is guilty of an offence against this Act.

 

Penalty

 

Any person who is guilty of an offence against this Act shall be liable to a penalty not exceeding 50 penalty units, and in the case of a continuing offence, to a daily penalty not exceeding 5 penalty units.

 

Currently a penalty unit is $110. It follows that a daily penalty of 5 units equals $550.

 

Any further developments in the area of drinking water fluoridation legislation in NSW will be reported back to Council.

 

Community Engagement & Internal Consultation

 

While the community have been kept informed of the decision to fluoridate its drinking water supply, there has been no community consultation on this matter since the introduction of fluoridation.  Due to Council’s legal obligations to continue fluoridation of the water supply it would be inappropriate for engagement with the community on this issue at this time.

 

The report is informed by the submission from Michael Lusk on behalf of Citizens against Fluoride relating to the current Federal Circuit Court matter of Lusk v. Tong and Commonwealth Ombudsman.

 

There has been internal consultation on this report and correspondence between the Director Infrastructure, Group Manager, Water and Sewer and the Water and Sewer Process Manager. 

 

Planning & Policy Implications

 

There are no immediate planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

There are no immediate financial and economic implications in relation to this report.

 

Attachments

 

1View. 2015 Correspondence from Council to NSW Health and NHMRC

2View. 2015 Correspondence from NSW Health and NHMRC to Council

3View. 2015 Correspondence from Council to NSW Health

4View. 2016 Correspondence from Council to NHMRC

5View. 2016 Correspondence from NHMRC to Council

6View. 2016 Correspondence from Council to Australian Institute of Health and Welfare

7View. 2016 Correspondence from Australian Institute of Health and Welfare to Council

8View. 2016 Correspondence from Council to NSW Health

9View. 2017 NHMRC Public Statement

10View.           2018 Letter from Michael Lusk to Council

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.07

 

Subject:     Long Term Energy Strategy - 6 Month Review

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

4.7.1 Promote renewable energy outcomes within Council.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the update on the Long Term Energy Strategy implementation, as provided in this report.

2.       Apply for membership with the Cities Power Partnership, a free national program that exists to celebrate and accelerate the emission reduction and clean energy successes of Australian towns and cities.

 

Executive Summary

 

At the Ordinary Council meeting on 18 October 2017, following a period of public exhibition, Council resolved to adopt a Long Term Energy Strategy to responsibly plan for and manage its long term energy requirements.

 

As part of the adoption of this strategy, Council resolved to “receive six monthly reports each April and October on progress towards implementing the Long Term Energy Strategy”.

 

The following report covers Council’s progress for the reporting period of October 2017 to March 2018.

 

Discussion

 

Council’s adopted Long Term Energy Strategy comprises 4 components:

 

1.   Council will aim to source 100% of its electricity from renewable sources by 2027.

2.   Council will aim to implement one or more mid-scale solar projects, when this technology becomes cost efficient to install and operate, in the medium to long term.

3.   Council will continue to implement appropriate energy efficiency initiatives (including but not limited to more small-scale solar projects) in the short to medium term.

4.   Council will report on progress via the annual Operational Plan, an annual report to Council, and periodically obtain strategic advice to inform the organisation of relevant advances in renewable energy technology.

 

This is the first six monthly report on Council’s progress in implementing the Long Term Energy Strategy. During the first reporting period, being October 2017 to March 2018, Council has completed the following:

i)          The bulk change out of over 5,000 street lights to new energy efficient LED lighting across the local government area:

 

The majority of Essential Energy upgrade works were complete as at end of March 2018. New LED lights require less future maintenance and use significantly less power. The upgrade represents a $2 million investment, which is expected to save Council and the community up to $320,000 per annum in maintenance and electricity costs, and result in a reduction in power usage of around 410,000 kWh per year.

 

ii)         The continued implementation of energy efficient LED lighting at Council operational facilities:

 

Area security LED lighting has been installed at the Port Macquarie depot, the Wauchope depot, and the Cowarra dam water supply building. Internal and external LED Lighting has been installed at the Port Macquarie dog pound and at Council’s engineering trades depot on Jindalee Road.

 

iii)         The continued implementation of energy efficient LED lighting at community and commercial facilities:

 

LED Footpath Lighting has been installed at Town Green East, and LED pedestrian and general lighting has been installed in the Town Square. A solar panel including under roof LED lights has been installed at the Westport Park boat ramp fish cleaning table. LED sport field lighting has been installed at Oxley Oval in Port Macquarie and at Lank Bain Park fields 2 & 3 in Wauchope. In Port Macquarie, internal and external LED lights have been installed at the HUB co-working centre in Gordon St, signage LED lights have been installed at the historic cemetery, general LED lighting has been installed at the public wharf pump out facility, and external LED lighting has been installed at the Airport baggage claim area.

i)               

iv)        The continued implementation of variable speed drive units as energy saving devices within existing Council pump facilities:

 

Variable speed drives have been installed in the pump unit at the Wauchope pool plant room. The new sewer station located at West Haven, which pumps directly to the Kew/Kendall sewer treatment plant, incorporates variable speed drives. This enables more efficient starting methods for these pumps, which reduces the initial electricity load requirement and provides a reduction in electricity costs.

 

During the upcoming reporting period, being April 2018 to September 2018, Council will continue to focus on implementing energy saving initiatives, including:

 

i)          Installation of solar energy systems at the Laurieton office and library building, the Kew waste transfer station and the Port Macquarie reclaimed water treatment plant;

ii)         Preparation of solar system feasibility assessments for selected existing Council facilities;

iii)         The continued implementation of energy efficient LED lighting at Council operational facilities, including at Port Macquarie Dam, Cowarra Dam, and the Burrawan St head office building;

iv)        The continued implementation of energy efficient LED lighting at community and commercial facilities, including LED pedestrian lights in Port Macquarie on the Westport Park footpath and the Kooloonbung Creek foreshore, and external LED lighting at a number of sporting facilities including the Wauchope pool grandstand, Wauchope splash pad, Port Macquarie hockey field number 2, and the Regional Stadium field number 3;

v)         The continued implementation of variable speed drive units as energy saving devices within existing Council pump facilities, including at the Wauchope splash pad.

 

During this upcoming reporting period, it is proposed that Council will also look to apply for membership with the Cities Power Partnership, which is a free national program that exists to celebrate and accelerate the emission reduction and clean energy successes of Australian towns and cities (refer detail at Attachment 1). The Partnership is made up of mayors, councillors and communities who are committed to a sustainable, non-polluting energy future. 70 local councils have already joined this Partnership, including Bellingen Shire Council and Nambucca Shire Council. A Council Resolution is required to apply for membership.

 

Membership with the Cities Power Partnership is consistent with the principles of Council’s adopted Long Term Energy Strategy, and provides a forum for Council to act as a regional leader in this area. The first step of the process involves Council signing up to be a Power Partner. Council will then have 6 months to select 5 key actions from the partnership pledge ranging from renewable energy, efficiency, transport and advocacy, noting that a number of these actions are already being undertaken by Council under the Long Term Energy Strategy and Operational Plans, utilising existing resources. Council will then report on progress against key actions in a 6 monthly survey.

 

Under the Partnership, Council will receive access to a national knowledge hub to help with emissions reductions projects; an analytics tool to help track emissions, energy and costs savings; and opportunities for knowledge sharing with other participating councils.

 

Options

 

Council has the option to note the implementation update and apply for membership with the Cities Power Partnership, or request further information.

 

Community Engagement & Internal Consultation

 

No engagement has been undertaken on the update component of this report, noting that a number of the initiatives described are detailed in Council’s adopted Long Term Energy Strategy and 2017-18 Operational Plan.

 

Council’s Sustainability Working Group, which comprises Councillors, staff, and community members, has proposed that Council apply for membership with the Cities Power Partnership. Membership is consistent with the principles of Council’s adopted Long Term Energy Strategy, which underwent public exhibition during 2017.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report, noting that under the Cities Power Partnership, Council may elect to implement energy efficiency initiatives that have a planning implication. Any proposed initiatives will form part of Council’s annual planning and reporting processes, and form part of future six monthly reporting updates to Council.

 

Financial & Economic Implications

 

No new initiatives will be adopted without going through Council’s Operational Plan process, under the Integrated Planning and Reporting Framework. The cost saving benefits from completed energy efficiency initiatives have been included where available. There are no additional financial and economic implications in relation to this report.  

 

Attachments

 

1View. Cities Power Partnership - Information for Councils

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.08

 

Subject:     Recommended Item from Town Centre Master Plan Sub-Committee - Bicentenary Foreshore Shared Pathway West of Town Centre

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

4.4.1 Plan, investigate, design and construct transport assets which address pedestrians, cyclist and vehicular needs to cater for the future growth of the region.

 

 

 

RECOMMENDATION

That Council:

1.       Give priority to completing further design work, including concept development and cost estimates for “missing links” in the Bicentenary Foreshore Pathway.

2.       Request the General Manager ensure due consideration is given to the Foreshore Pathway as a potential Bicentennial Project when considering funding opportunities from other levels of government.

 

Executive Summary

 

The Town Centre Master Plan Sub-Committee met on 29 March 2018, reached consensus on Item 08 (attached) and now submits the above recommendation for Council consideration.

 

 

Attachments

 

1View. Town Centre Master Plan Sub-Committee 20180329 - Item 08

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.09

 

Subject:     Planning Proposal - Road Closures, LEP Amendment No 47 - Post Exhibition Review of Submissions

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

4.5.1 Carry out strategic planning to manage population growth and provide for co-ordinated urban development.

 

The

 

RECOMMENDATION

 

That Council:

1.       Take the necessary steps under sections 3.35 and 3.36 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 47), relating to road closures under the Roads Act 1993 and to the mapping provisions for roads in the vicinity of Pacific Drive, Windmill Hill, Port Macquarie.

2.       Thank in writing the person who made a submission for their contribution and provide information on Council’s decision on the matter.

 

Executive Summary

 

At its meeting on 16 August 2017 Council resolved to prepare a Planning Proposal to amend Port Macquarie-Hastings Local Environmental Plan (LEP) 2011 in order to:

 

a)    make road closures under the Roads Act 1993 exempt development, and

b)    amend the Land Zoning Map, Floor Space Ratio Map and Height of Buildings Map as shown in the report in relation to roads in the vicinity of Burrawan Street, Pacific Drive and Hill Street, Port Macquarie.

 

The Planning Proposal has been exhibited and one objection has been received. The objection relates to the decision made by Council on 15 March 2017 to close part of Pacific Drive, and does not raise any issues requiring amendment to the Planning Proposal.

 

It is recommended that the Council proceed with steps for the finalisation of the Planning Proposal.

 

Discussion

 

The Planning Proposal arose in relation to:

 

1.    Grantham Lane

At its meeting on 15 May 2013, Council resolved to apply to close part of Grantham Lane, Port Macquarie. Near the end of the process, the State Government advised that they require a formal subdivision approval prior to completion of the closure. Approval of creation of the small lot requires a variation to the minimum lot size applying to this land.

 

It is proposed to make an amendment that will also cover any similar circumstances arising in future by making subdivision, required to identify a road closure carried out in accordance with Part 4 of the Roads Act 1993, exempt development.  The procedures under Part 4 provide for community engagement and Government liaison, and requiring development consent is unnecessary.

 

2.    Pacific Drive

At its meeting on 15 March 2017, Council adopted a recommendation from Confidential Committee of the Whole to engage in a process leading to the closure of part of Pacific Drive, Port Macquarie, located north of Home Street. The road proposed to be closed and other roads in the vicinity have different zoning, maximum floor space ratio, and maximum building height controls to the adjoining land, and it is appropriate to make them the same as the adjoining land.

 

The extent of the changes apply to parts of Pacific Drive between Burrawan Street and Everard Street, to Burrawan Street east of Owen Street, and to parts of roads adjoining Pacific Drive.  It is noted that the road closure in Pacific Drive is not subject to the issue affecting the Grantham Lane closure.

 

Further details are in the report to Council on 16 August 2017 - refer Attachment 1.  At that meeting, Council resolved as follows:

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 8:12pm.

The Director Strategy and Growth tabled replacement attachment 1 for this report as the previously distributed attachment was illegible.

RESOLVED: Intemann/Alley

That Council:

1.    Prepare a draft planning proposal as described in this report, pursuant to section 55 of the Environmental Planning and Assessment Act 1979, for the amendment of the provisions of Port Macquarie-Hastings Local Environmental Plan 2011, in relation to:

a)    make road closures under the Roads Act 1993 exempt development, and

b)    amend the Land Zoning Map, Floor Space Ratio Map and Height of Buildings Map as shown in the report in relation to roads in the vicinity of Burrawan Street, Pacific Drive and Hill Street, Port Macquarie.

2.    Forward the draft planning proposal to the Department of Planning and Environment for a Gateway Determination, and exhibit the proposal in accordance with that determination, pursuant to sections 56 - 58 of the Act.

3.    Request that the Director General of the Department of Planning & Environment issue a Written Authorisation to Council to Exercise Delegation of the plan making functions under section 59 of the Act in respect of the planning proposal.

CARRIED:           8/0

FOR: Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Pinson and Turner

AGAINST:            Nil

Councillor Levido returned to the meeting, the time being 8:14pm.

 

The exhibited Planning Proposal is Attachment 2.  The LEP map changes for the Pacific Drive, Windmill Hill neighbourhood are shown below.

 

Key – Zoning

E2     Environmental Conservation             R1     General Residential

E3     Environmental Management             R3     Medium Density Residential

                                                                     RE1  Public Recreation

 

Key – Floor Space Ratio (maximum)

G       0.65 : 1                          S1     1.50 : 1                               V       3.00 : 1

N       1.00 : 1                          T       2.00 : 1

 

Key – Height of Buildings (maximum)

I           8.5 m                           N2     14.5 m                      Q       19.0 m

L        11.5 m                           P       17.5 m                      T       26.5 m

 

Options

 

Council could decide not to proceed with the Planning proposal as recommended or to omit part of this Planning Proposal.  It is recommended that the Council proceed with steps for the finalisation of the Planning Proposal.

 

Community Engagement & Internal Consultation

 

The Planning Proposal was placed on exhibition for 14 days commencing 17 January 2018, consistent with the minimum required exhibition period of 14 days conditioned in the Gateway determination.  Based on a point raised by the person who made a submission, the exhibition was extended until 14 February, as the 16 August 2017 Council report stated the exhibition period would be 28 days.  Advice of the extension included a further newspaper notice and update to haveyoursay website.

 

One submission was received - refer to Attachment 3.  The issue raised is discussed in the following table.

 

Issue

Response

The exhibition was only extended to 4 weeks in accordance with the rules after Council was made aware of this inconsistency by email.

The relevant minimum exhibition period is 14 days in accordance with requirements of the Department of Planning & Environment, as contained in the Gateway determination.

When, prior to the end of the 14 days, it was pointed out that the August 2017 Council report said the exhibition would be at least 28 days, action was taken to extend the exhibition for a further 14 days.

Public notice of exhibition would not make people aware of the immediate consequences of the proposal.

The submission is a request to look behind the decisions made in a confidential meeting of Council on 15 March 2017, and states that the decision 'to close a “ small” portion of Pacific Drive and sell that to adjoining owners has been made too quickly, without the transparency so often mentioned by Council as being so important.'

Notification of the proposed road closure under the Roads Act was published on 29 March 2017, with 28 days to make submissions.  Immediate neighbours were notified by post.

This Planning Proposal has no effect on the decision of 15 March 2017.  Rather, in part this Planning Proposal addresses anomalies in the LEP maps applying to the area proposed to be closed and other roads nearby.

Concerned about 'an enormous development ( five stories high) is being planned by the owners who will then have an enormous block of land, not positioned back from the road as before, but bordering straight onto it, on top of a hill. This will look even much higher when you approach it from the South on Pacific Dr.'

At present for the road area proposed to be closed there are no maximum controls for height of buildings nor floor space ratio.  For this area, this proposal will apply a 17.5 m height limit and 1.5:1 floor space ratio - these are the same as apply to the adjoining land.

 

It is considered that the submission does not raise any issues requiring amendment to the Planning Proposal.

 

Separately, a late response from Rural Fire Service (refer Attachment 4) raised concerns with the proposal to permit subdivision associated with a road closure under the Roads Act 1993 as exempt development.  The concern is that this could permit residential or rural residential subdivisions on mapped bush fire prone land without consent. 

 

The proposed local exempt development provision only relates to road closures under the Roads Act 1993 - it will not apply to any other type of subdivision.  Where applicable the processes under the Roads Act will include consultation with the Rural Fire Service.  It is considered that no amendment to the Planning Proposal is required as a result of the comments made by the Rural Fire Service.

 

Planning & Policy Implications

 

The planning proposal is intended to simplify the process for road closures involving small areas of land and will result in efficiency gains in relation to the timing of completion of the road closures.  No other significant planning or policy implications have been identified during public exhibition of the planning proposal.

 

Financial & Economic Implications

 

In relation to the proposed road closure on Pacific Drive the proposed amendments to the Land Zoning Map, Floor Space Ratio Map and Height of Buildings Map may result in some minor change to the value of this land.  However, this was not the primary aim of the planning proposal, which is intended to correct an anomaly and apply the same maximum controls for height of buildings and floor space ratio as apply to the adjoining land.

 

There will be internal savings in the processing of future road closures which otherwise would require a development consent.

 

Attachments

 

1View. 16 August 2017 Council report and minutes

2View. Planning Proposal as exhibited

3View. Submission from Anna Hazenveld

4View. Rural Fire Service comments

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.10

 

Subject:     DA2017 - 234 - Waste Management Facility (Concrete Recycling) - Lot 1 DP 1202080, Pacific Highway, Pembrooke

Report Author: Patrick Galbraith-Robertson

 

 

 

Applicant:      Alan Taylor & Associates

Owner:                    Port Macquarie – Hastings Council

Estimated Cost:     $1.5M

Parcel no:               64348

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

RECOMMENDATION

That DA2017 - 234 for a waste management facility (concrete recycling facility) at Lot 1, DP 1202080, Pacific Highway, Pembrooke, be determined by refusing consent for the following reasons:

1.       Integrated Development concurrence has not been obtained for the proposal. An Environment Protection License has not been granted by the NSW Environment Protection Authority for the proposal pursuant to section 91 of the Environmental Planning and Assessment Act 1979 and Protection of the Environment Operations Act 1997.

2.       The Applicant has failed to submit a site and development specific specialist Traffic Report to address the proposal’s likely impacts and ascertain whether mitigation measures will be required.

3.       The Applicant has failed to submit a specialist Noise and Dust report to address the proposal’s likely impacts and ascertain whether mitigation measures will be required.

4.       The Applicant has failed to provide the necessary specialist stormwater management plans to satisfactorily address required stormwater quality management.

5.       The Applicant has failed to provide satisfactory details on management of asbestos and contaminated materials.

6.       The Applicant has failed to provide the necessary dust monitoring (depositional dust analysis) in accordance with AS/NZS 3580.10.1-2003.

7.       The Applicant has failed to provide satisfactory details on perimeter landscaping details.

 

Executive Summary

 

This report considers a Development Application (DA) for a waste management facility (concrete recycling) at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

This DA is being reported to an Ordinary Meeting of Council for determination following consideration by Council’s Development Assessment Panel (DAP) in accordance with Council’s Conflict of Interest Policy. The Development Application is proposed on Council land.

 

On the 28 March 2018, the DAP resolved the following:

 

That the Development Assessment Panel recommend to Council that DA2017 - 234 for a waste management facility (concrete recycling facility) at Lot 1, DP 1202080, Pacific Highway, Pembrooke, be determined by refusing consent for the following reasons:

1.   Integrated Development concurrence has not been obtained for the proposal. An Environment Protection License has not been granted by the NSW Environment Protection Authority for the proposal pursuant to section 91 of the Environmental Planning and Assessment Act 1979 and Protection of the Environment Operations Act 1997.

2.   The Applicant has failed to submit a site and development specific specialist Traffic Report to address the proposal’s likely impacts and ascertain whether mitigation measures will be required.

3.   The Applicant has failed to submit a specialist Noise and Dust report to address the proposal’s likely impacts and ascertain whether mitigation measures will be required.

4.   The Applicant has failed to provide the necessary specialist stormwater management plans to satisfactorily address required stormwater quality management.

5.   The Applicant has failed to provide satisfactory details on management of asbestos and contaminated materials.

6.   The Applicant has failed to provide the necessary dust monitoring (depositional dust analysis) in accordance with AS/NZS 3580.10.1-2003.

7.   The Applicant has failed to provide satisfactory details on perimeter landscaping details.

 

Following exhibition of the application, one (1) submission has been received.

 

The Development Application has been lodged with Council for 12 months. There have been repeated requests for additional information however these requests have not been satisfactorily addressed. Specific requirements include technical reports on water, noise and dust impacts/management. The NSW Environmental Protection Authority have confirmed their requests for additional information, which are required prior to any consideration being given to issuing general terms of approval (or concurrence) to the proposal as an Integrated Development. The Applicant has been provided with a significant period of time to resolve these matters.

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has an area of 111.04 hectares.

 

The site is zoned SP2 waste or resource management facility in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

 

The existing location of existing development within the locality is shown in the following aerial photograph (red X shows site location):

 

 

The site is located within an existing and planned waste management facility precinct with access to the Pacific Highway (to be known as Telegraph Point Road as this section of Highway has been declassified) to the east – see below image.

 

 

National Park and State Forest adjoin the site and existing Waste Management Facility.

 

The proposed site is identified as Development Pad 3 within the Cairncross Waste Management Facility (WMF), Industrial Waste Precinct. The site adjoins the Cairncross WMF Access Road to the north, Development Pad 2 to the west and Road 2 on the east and south. East of Road 1 is the Rawdon Island Nature Reserve.

 

The area of the site development area is 17,296m2.

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·   Use of Development Pad 3 within the Cairncross Waste Management Facility (WMF), Industrial Waste Precinct for a waste management facility for concrete recycling including construction of associated new driveway access, buildings and facilities – refer below image of site plan submitted;

·   It’s proposed to carry out the works in three (3) stages:

Stage 1 = Areas A, B & C;

Stage 2 = Area D – Future machinery shed; and

Stage 3 = Area E – Shed for sale of resource recovery materials;

·   The proposed hours of operation are Monday to Saturday 7am to 5pm.

·   The proposal is an Integrated Development pursuant to the Environmental Planning and Assessment Act 1979 and the Protection of the Environment Operations Act 1997. In regard, the proposal requires concurrence from the NSW Environment Protection Authority (EPA) prior to determination of the DA.

 

 

 

Concurrence has not been obtained from the EPA which would set out the terms for obtaining an Environmental Protection License. The primary information not provided relates to specialist noise and dust assessments and satisfactory clarification of the intended quantities of material to be processed/handled on-site.

 

Refer to attachments at the end of this report.

 

Application Chronology

·   23 March 2017 – DA lodged with Council.

·   7 to 26 April 2017 – Neighbour notification of development proposal.

·   10 May 2017 – Additional information requested – additional fees for integrated development, advised of submission issues raised, questioned material volumes, stormwater management approach unsatisfactory, clearance to services/ easement, traffic impact details, site specific noise assessment, question how bitumous and asbestos products (which are unable to be accepted) will be managed, deceleration lane details and turning paths, landscaping details, crime prevention measures, fencing details, site specific dust report, odour general details, potential hazards and request a concrete pavement be provided for the Cairncross access road entrance point. 

·   15 May 2017 – Council General Manager confirmed internal assessment by Council Officer acceptable to continue.

·   16 May 2017 – Referral to the NSW Roads and Maritime Services (RMS) for comment under State Environmental Planning Policy (Infrastructure) 2007.

·   8 June 2017 – Advice received from the RMS.

·   20 June 2017 – Copy of submission forwarded to EPA.

·   4 July 2017 – Applicant provided waste volume detail, stormwater advice, disagree on upgrade of access road point, wheel wash or shaker pad will be added to an amended plan, traffic details advice, disagree on request for noise, odour and dust specialist reports based upon context and hazard assessment details confirmed.

·   11 July 2017 – EPA request for additional information forwarded to the Applicant to provide a response to.

·   8 August 2017 – Additional information request status follow up.

·   21 August 2017 – Applicant advised that all information requested by the EPA will be provided to Council to forward to the EPA for concurrence on behalf of Bridle Group.

·   30 August 2017 - DA2017 – 626 for recycled hardstand area approved by Council on the same site. No works carried out or commenced on-site.

·   20 September 2017 – Bridle Group requested EPA to permit deferral of specialist noise and air quality impact assessments.

·   25 September 2017 – EPA advice received that deferral for specialist noise and air quality assessments are not permitted.

·   5 October 2017 – Additional information received from Bridle Group including draft letter of advice to forward to the EPA.

·   9 October 2017 – Advised Bridle Group that a full response to the EPA request is required before referral can occur to the EPA.

·   25 October 2017 – Further advice received from the NSW EPA in response to the draft information provided from Bridle Group. Confirmation that specialist noise, water quality and air impact assessments specific to the proposed site are required. The material volumes are also questioned and stockpiling and selling of recovered materials are questioned. A copy of as constructed drawings for the proposed site including stormwater detention basin and artificial wetland should be provided.

·   31 October 2017 – Copy of EPA letter dated 25 October 2017 received from Applicant.

·   17 November 2017 – Original additional information request sent 10 May 2017 forwarded to Applicant as requested.

·   19 February 2018 – Follow up request for additional information sent to Bridle Group and Applicant. A timeline was also provided to submit the required information otherwise final reporting and a likely recommendation for refusal would occur.

·   20 February 2018 – Bridle Group advised information will be submitted however with no timeline estimated for completion.

·   10 March 2018 - Follow up request for additional information request send to Bridle Group and Applicant.

·   12 March 2018 – Applicant submitted specialist Water Assessment Impact report and draft Air and Noise Report dated 22 December 2017 and January 2018.

·   12 March 2018 – Request for additional information on how the final Air and Noise reports are progressing since late December to early January.

·   28 March 2018 – Consideration of DA by the DAP.

 

3.       STATUTORY ASSESSMENT

 

Section 79C(1) Matters for Consideration

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 33 - Hazardous and Offensive Development

The subject SEPP was introduced to clarify the definitions for hazardous and offensive industries and to apply guidelines for the assessment of industries that have the potential to create hazards or an offence.

 

In this case, the development has the potential to be an offensive development given the processing component of the proposal, which will generate significant noise and the provisions of the SEPP apply. Having considered the SEPP, it is unclear due to a lack of specialist noise assessment information as to whether the proposed development will be confirmed to not be an offensive industry.

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

With reference to clauses 6 and 7, the subject land is greater than 1 hectare (including any adjoining land under same ownership) and therefore the provisions of SEPP must be considered.

 

The application has demonstrated that no habitat will be removed or modified. Therefore, no further investigations are required.

 

State Environmental Planning Policy No.55 – Remediation of Land

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and could potentially be suitable for the intended use.

 

The site development pad does not contain acid sulphate soils or previous industrial contamination.

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

Based upon the current submitted information, it is unclear as to whether the proposed development will have potential to lead to any adverse impacts on existing aquaculture industries.

 

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed development does not include any proposed advertising signage in the form of business/building identification and/or general advertising.

 

State Environmental Planning Policy (Infrastructure) 2007

The proposal has been referred to the NSW Roads and Maritime Service (RMS). The RMS’ advice and other matters requiring consideration under clause 104(3)(b)(ii) and (iii) are considered in the assessment of access, traffic and parking impacts addressed later in this report.

 

Port Macquarie-Hastings Local Environmental Plan 2011

The proposal is consistent with the LEP having regard to the following:

·   Clause 2.2, the subject site is zoned SP2 waste or resource management facility. In accordance with clause 2.3(1) and the SP2 zone landuse table, the proposed waste management facility is a permissible landuse with consent.

 

The objectives of the SP2 zone are as follows:

o To provide for infrastructure and related uses.

o To prevent development that is not compatible with or that may detract from the provision of infrastructure.

In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives having regard to the following:

o the proposal is a permissible landuse;

o the proposal is directly related to the intent of the zoning for the site and is co-locating similar landuses.

·   Clause 5.10, the site does not contain or adjoin any known heritage items or sites of significance.

·   Clause 7.13, satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, sewage management/sewer infrastructure, stormwater drainage and potentially suitable road access to service the development.

 

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013:

 

No specific precinct provisions under the DCP apply to the proposal.

 

The extent of fill associated with the proposed hardstand areas and excavation is likely to be less than a 1m change in height.

 

ENVIRONMENTAL MANAGEMENT

Cut and Fill Regrading

 

The majority of cut and fill has been completed under DA2013 - 659.

 

There would be some fill required as part of this DA to build up the access driveway. The Applicant has advised that this access point would be designed to not impede existing stormwater drainage and would be stabilised with planting of batters. If possible, fill from the immediate locality would be used where it is certified clean and capable of compaction to the necessary densities.

 

Environmental Management Areas and Buffers

 

The existing benched area designated for this development has an area of approximately 1.7ha. Appropriate buffers have been assessed under DA2013 – 659.

 

Parking Provision

 

The Applicant has provided the following satisfactory justification for provision of on-site parking using the following calculations:

 

Stage 1 Initial Offices

1 per 30sq.m office area or 1.5 per office space

1 per 70sq.m landscape material display, 1 per employee and 2 visitors.

REQUIRED: 3

PROVIDED: 6*

*In addition to the spaces above, 4 will be placed in Heavy Machinery Parking

 

Stage 2 Machinery shed

1 per 70sq.m

REQUIRED: 11

PROVIDED: 8*

*8 Spaces immediately north of the machinery shed will be provided in conjunction with the 6 spaces provided in stage 1,

 

Stage 3 Resource recovery sales

1 per 100sq.m

REQUIRED: 10

PROVIDED: 6*

*In addition to the spaces provided above, staff parking for 4 cars for the resource recovery shed will already be in the spill over section of the heavy vehicle parking area as provided on site at Stage 1 (Area C). These car spaces will be immediately beside the shed. (i.e. the western end)

Total Required: 24 spaces

Total Provided: 24 spaces

 

(iiia)  Any planning agreement that has been entered into under Section 93f or any draft planning agreement that a developer has offered to enter into under Section 93f:

 

No planning agreement has been offered or entered into relating to the site.

 

iv)     Any matters prescribed by the Regulations:

 

N/A

 

v)      Any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates:

 

·   No Coastal Zone Management Plan applies to the subject site.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

 

Context and setting

Insufficient information has been submitted to identify and assess whether the proposal will result in any adverse impacts to existing adjoining properties.

 

There are no identifiable adverse impacts identified to the public domain.

 

The proposal could be considered to be consistent with other waste development in the locality subject to appropriate justification.

 

There are no significant adverse lighting, view sharing, privacy or overshadowing impacts identified to neighbouring properties.

 

The Applicant has failed to provide satisfactory details on perimeter landscaping (buffer), boundary fence design, and site layout clear of easements.

 

Roads and Maritime Services (RMS)

Consistent with RMS requirements, the proposal was referred to the RMS on 08/06/2017. RMS’ review of the proposal determined:

 

Roads and Maritime has reviewed the referred information and provides the following comments to assist the consent authority in making a determination;

 

1. The existing Pacific Highway will be declassified to Local road status following completion of the Oxley Highway to Kundabung Pacific Highway upgrade project in early 2018 (weather permitting).

 

2. Forest Hut Road is described as a private road. It would be classified as a ‘road related area’ in accordance with traffic legislation for the purposes of enforcement. Any regulatory controls will need to be considered by Council’s Local Traffic Committee prior to Council approval.

 

3. Standard white on blue service signs have been installed on the existing Pacific Highway to identify the facility and guide traffic. A number of advertising signs have been erected on both sides of the highway at the junctions of Forest Hut Road and Bill Hill Road. Council should be satisfied that these signs are on private property and comply with Council’s Development Control Plan and NSW Department of Planning and Environment’s Transport Corridor Outdoor Advertising and Signage Guidelines.

 

The feedback advice provided above has been taken into consideration with the below assessment comments. Note: there is no change to existing signage proposed as part of the application.

 

Roads

The site has road frontage to Cairncross WMF Access Road and Road 2 (service road).

 

The Cairncross WMF Access Road and Road 2 (service road) are Private Roads owned and managed by Port Macquarie Hastings Council (PMHC). The Cairncross WMF Access Road is a 7.1m sealed road and Road 2 (service road) is a 6.0m sealed road.

 

Traffic and Transport

The Applicant has been requested to provide a specialist traffic report detailing the estimated traffic volumes accessing the site (AADT) including:

 

·          Estimated growth rates over the life of the development.

·          Morning and afternoon peak hour volumes (vph) in and out of the site.

·          Import and export volumes of materials.

·          Types (sizes) of trucks that would be in use.


The Applicant has failed to provide the necessary specialist report for assessment purposes. It is therefore not possible to assess and mitigate impacts of the proposed development.

 

Site Frontage & Access

As mentioned above, the Applicant has not provided specialist traffic report details, which makes it difficult to reasonably assess the proposal’s likely impacts and to ascertain whether mitigation measures will be required.

 

Whilst no specialist traffic and parking report has been received the following matters of significance are noted:

 

·   Vehicle access to the site is proposed through a concrete driveway coming off Cairncross WMF Access Road fronting Pacific Highway. Site access is to comply with Council AUSPEC and Australian Standards.

 

·   Whilst no details have been provided it is considered that given the location, nature of the proposed access and requirement for heavy vehicle access, the Cairncross WMF Access Road will require a concrete pavement, 30m either side of the access point, be constructed for the full width of the existing road to manage the screwing effect of trucks entering the site.

 

·   The deceleration lane for trucks, proposed as per Alan Taylor and Associates, site plans, Revision A; “Cairncross Waste Management Facility – Concrete Processing Site – Pad 3 Forest Hut Road,” dated 20-03-2017, require additional details and justification. Demonstration of suitability and compliance with AUSTROADS to be provided including, details of complying gradients for batter slopes and site distances taking into consideration a minimum of 2.0m clearance to the main power and communications pit in the Cairncross WMF Access Road that would be required.

 

·   A wheel wash or shaker pad is needed on site to control sediment from being transported on to the main Cairncross WMF Access Road.

 

The below image shows the location of the access road providing access to the site:

 

Parking and Manoeuvring

A total of 24 parking spaces have been proposed to be provided on-site. Parking and driveway widths on-site can comply with relevant Australian Standards (AS 2890) with ample room for overflow and truck parking. 

 

Whilst no specialist traffic and parking report has been received the following matters of significance are noted:

 

·    Due to the type of development, car park circulation is required to enable vehicles to enter and exit the site in a forward manner. Additional information has been recommended to be provided to show adequate area is available. 

 

·    In addition, separation of heavy vehicle routes from public and staff cars including pedestrian desire lines is required wherever possible to minimise safety risks.

 

·    If entrance gating is to be proposed, this should be shown on the site plan ensuring there is adequate distance for vehicles to queue without backing up into the road. Conditions could be imposed as per AS2890.1 Clause 3.4.

 

Water Supply Connection

The site has water services available at the boundary. However, while water mains are installed to the site; the water main connection to Telegraph Point is not yet constructed. This is expected late 2018. Overall, water is not available until this Pembrooke Road main is installed.

 

The Applicant has advised that a rainwater tank will be proposed to collect all roof water.

 

Sewer Connection

The southern side of the site contains sewer services which have not yet been connected to Council’s sewer network. A 5.0m wide ‘easement’ is in place and no infrastructure, stockpiles or other materials may be constructed or placed in this area.

 

The sewer connection may be available at a future date however not for immediate use. Provision of toilet facilities will be by site structures pumped out by waste services.

 

Stormwater

The Applicant failed to provide the necessary specialist stormwater management plans however has very recently provided a Water Quality Assessment report as prepared by Precise Environmental Consulting Environmental Scientists.

 

The existing wetland system developed as part of the Cairncross Waste Management Facility (WMF) Industrial Waste Precinct (located south of Road 2) is not suitable on its’ own for the treatment of runoff from this type of development and must not be used as part of the treatment system. As such this site must provide its own on-site sediment system prior to discharging to the constructed wetland system. Preliminary water quality and quantity calculations and plans must be provided to justify any proposal. This is also identified in the Precise Environmental Consulting report recently received.

 

Additional information in the stormwater management plans is required to demonstrate that stormwater quality and quantity impacts associated with the proposed hardstand and recycling use of the site can be managed adequately onsite prior to discharge to the surrounding environment.

 

The proposed site plan should also be updated to amend the layout of the operations to reflect the required provision of a stormwater quality control installation. Specific details of stormwater quality control are to be provided to show that stormwater can be dealt with on site with quality modelling for the development to be undertaken in accordance with recommended procedures within Chapter 13 – Modelling Urban Stormwater Management Systems of ARQ 2006.

 

The pollutant outflow concentrations must comply with the relevant requirements of AUS-SPEC D7 in particular table D7.4 and table D7.7 with water quality testing from a NATA approved laboratory being required on a quarterly basis.

 

Other Utilities

The western side of the site contains water, sewer, power and communications services. A 5.0m wide ‘easement’ is in place and no infrastructure, stockpiles or other materials may be constructed or placed in this area.

 

Electrical and communications conduits only are provided to the boundary of the site. The Applicant would be required to provide the necessary electrical and communications connections to the main switchboard (via the existing conduits) based on their site specific needs.

 

Heritage

Following a site inspection (and a search of Council records), no known items of Aboriginal or European heritage significance exist on the property. No adverse impacts anticipated.

 

Other land resources

The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

In terms of potential water pollutants, waste concrete may be an important contributor (more so than masonry) due mainly to the characteristics and constituents of concrete, which include cement hydration products and from its use in higher risk applications such as service station forecourts (hydrocarbons etc). Water pollutants from waste concrete may include pH, heavy metals including arsenic, chromium, lead and selenium, polycyclic aromatic hydrocarbons (PAH) and volatile organic compounds (VOC) such as benzene.

 

A specialist Water Quality Impact assessment has been submitted late in the assessment process. This report has not yet been forwarded to the NSW EPA however is considered well justified in regards to addressing the likely impacts of the proposal together with making satisfactory recommendations in regards to mitigation measures including a recommendation for stormwater detention basin on the site.

 

A final assessment and review of additional information provided has not been undertaken by the EPA.

 

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction.

 

Air and microclimate

The Applicant has failed to provide the necessary dust monitoring (depositional dust analysis) in accordance with AS/NZS 3580.10.1-2003.

 

A final assessment and review of the proposal has not been undertaken by the EPA due to the outstanding specialist dust assessment information not being received. It is unclear as to whether the proposed development will have any adverse impacts on the air and microclimate of this locality.

 

Whilst no specialist dust report has been received the following matters of significance are noted:

 

·   Dust from the site must be managed to ensure that no dust escapes the site and becomes an OH&S issue for staff and customers on adjoining land (i.e.. Development Pads 1, 2, 4, 5, 6), the future STP (south or Road 2), the existing Organic Resource Recovery Facility (ORRF) office, the Cairncross weighbridge, and material Recovery Facility (MRF) office.

·   Monitoring sites would be required to be installed on and off the site to ensure that no dust escapes the site. The water supply (when installed) only allows for toilet flushing and limited washing of plant and equipment. The water supply does not allow for dust suppression and firefighting.

·   Silica dust from concrete crushing and recycling - sufficient dust suppression and management is required along with an adequate buffer zone. A site specific Operational Management Plan would be recommended for this facility.

·   The Applicant must provide sufficient water storage capacity (tanks) and pumps for dust suppression and firefighting. Fire requirements must be in accordance with BCA and AS 2419.

 

Flora and fauna

The siting for the development comprises of a previously cleared and benched area on the eastern side of the existing Cairncross Waste Management Facility.

 

Construction of the proposed development will not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna. 

 

The Applicant has detailed that landscaping of the site and parking areas is to be provided along the northern boundary of the site fronting Forest Hut Road and the eastern boundary fronting the service road. Landscaping is to consist primarily of planting to stabilise the existing and proposed batters and is also to include indigenous shade trees at 3m centres within the fenced area.

 

Waste

The proposal is for a waste management facility.

 

The Applicant has been requested by Council assessment staff and the EPA to provide more details on the likely total amount of waste to be processed and stored at the proposed facility. See attached letters of request from the EPA. Specifically it was requested to confirm the maximum quantity (tonnes) of material to be processed onsite each year, for the purpose of establishing an annual limit as a condition of consent. An annual limit enables assessment of the impacts of the development based on a likely worst case. Compliance with this limit would be ensured by reference to production and weighbridge records.

 

If the proposal was approved standard precautionary site construction management conditions and limits would be recommended.

 

Energy

No adverse impacts anticipated.

 

Noise and vibration

The Applicant has currently only provided a noise assessment based on a 2003 Noise Impact Assessment (NIA) for the Kingfisher Road site. While the information in this report provides some detail on plant noise levels, it has not considered site issues such as other users at the Cairncross site and the nature of the use (i.e.. neighbouring lots, weighbridge operators etc).

 

The Applicant has failed to provide the necessary site specific noise management assessments in accordance with the NSW Industrial Noise Policy (2000). A final assessment and review has not been undertaken by the EPA due to the outstanding specialist noise assessment information not being received. It is unclear as to whether the proposed development will be unlikely to have any adverse noise impacts within the subject locality.

 

Whilst a final specialist report has not yet been provided the following additional assessment comments are noted:

 

·    Noise from the site must be managed to ensure that it does not become an OH&S issue for staff and customers on adjoining land (i.e.. Development Pads 1, 2, 4, 5, 6), the future STP (south or Road 2), the existing Organic Resource Recovery Facility (ORRF) office, the Cairncross weighbridge, and material Recovery Facility (MRF) office.

·    The proposed hours of operation are noted to be Monday to Saturday 7am to 5pm.

 

Asbestos

The Applicant has failed to provide satisfactory details on methods to address potential asbestos and contaminated management. Procedures are required to be in place to dispose of asbestos material according to NSW Work Health and Safety (WHS) legislation, and the requirements of the Protection of the Environment Operations Act 1997 and the Protection of the Environment (Waste) Regulation 2005, and comply with the EPA Protocol For Managing Asbestos During Resource Recovery Of Construction And Demolition Waste (2014).

 

Bushfire

The site is identified as being bushfire prone.

 

The siting of the proposed development within the larger site as Development Pad 3 within the Cairncross Waste Management Facility (WMF), Industrial Waste Precinct, is provided with satisfactory access, defendable space as an Asset Protection Zone and is capable of future water supply coverage. The Applicant however must provide sufficient water storage capacity (tanks) and pumps for fire fighting. Fire requirements must be in accordance with BCA and AS 2419.

 

The proposal is not a residential use however could be capable meeting the aims and objectives of the Planning for Bushfire Protection 2006 subject to additional details being provided.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. 

 

The Applicant has detailed that the landscaping of parking areas is to be provided along the northern boundary of the site fronting Forest Hut Road. Man-proof chain wire fencing is to be installed to the perimeter of the subject land.

 

It is considered that the Applicant has however failed to provide satisfactory details on perimeter landscaping (to provide a satisfactory buffer).

 

Social impacts in the locality

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts.

 

Economic impact in the locality

No adverse impacts identified. A likely positive impact would be that the development will maintain employment in the industry, which will lead to flow impacts such as expenditure in the area.

 

Site design and internal design

Insufficient details have been provided to establish whether the proposed development design will be satisfactory with regard to the site attributes and locality.

 

Construction

Subject to compliance with potential appropriate mitigation measures, no potential adverse impacts identified to neighbouring properties with the construction of the proposal.

 

If the development was approved, a condition would be recommended to require a Construction Certificate to be obtained prior to works commencing on-site.

 

Cumulative impacts

The proposed development would not be expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality subject to resolution of noise, dust and amenity impacts.

 

(c)     The suitability of the site for the development:

 

Unsatisfactory details are available to demonstrate as to whether the proposal will fit into the locality and it is unclear as to whether the site attributes are conducive to the proposed development.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

One (1) written submission has been received following public exhibition of the application.

 

Key issues raised in the submissions received and comments in response to these issues are provided as follows:

 

Submission Issue/Summary

Planning Comment/Response

Concerns/objections with regards to the development proposal. 

Ø  Smell

Ø  Lowering the value of our property

Ø  Noise

With regard to potential smell or odour impacts it is unlikely that the subject proposal will result in any adverse impacts to the property owner who has lodged this submission due to the existing physical separation distance of greater than 1 kilometre and the likely nature of the waste material to be stored and processed.

With regard to potential claims of impacts on property values – this is not a matter for consideration under the Environmental Planning and Assessment Act 1979.

With regard to potential likely noise impacts, the likely impacts are unclear and a specialist report has been requested as detailed earlier in this report. Unfortunately, this report has not been forthcoming from the Applicant. Refer also to comments earlier in this report.

 

(e)     The Public Interest:

 

The proposed development is unable to satisfy relevant planning controls and would not be in the public’s interest to recommend supporting unless satisfactory specialist traffic, noise, water quality and dust assessments are received.

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

·     Development contributions would be required at a later stage towards augmentation of town water supply and sewerage system head works under Section 64 of the Local Government Act 1993. If the development was approved a standard condition requirement for a Section 307 Water Management 2000 certificate to be obtained prior to the issue of an Occupation Certificate would be required.

·     Development contributions would be required under Section 94A of the Environmental Planning and Assessment Act 1979.

 

5.       CONCLUSION

 

The application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application.

 

The proposal has been assessed on the current information and is unable to be justified due to a lack of supporting information. It is recommended that the application be refused for the reasons detailed earlier in this report.

 

Attachments

 

1View. DA2017 - 234.1 Cairncross Proposed Lease Boundary Plan - Concrete Site v5-Lease - Final

2View. DA2017 - 234.1 Site Plan

3View. DA2017 - 234.1 EPA Request for Additional Information

4View. DA2017 - 234.1 EPA Letter Draft Response Request for Additional Inform...

5View. DA2017 - 234.1 Further information EPA.

6View. DA2017 - 234.1 EPA Response to Bridle Concrete Resources Request to Defer Noise and Air

7View. DA2017 - 234.1 Water Quality Assessment

8View. DA2017 - 234.1 Submission - Rowsell

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.11

 

Subject:     Clearing of Vegetation on Flagstaff Hill

Presented by:  Development and Environment, Daniel Croft

 

 

Alignment with Delivery Program

 

2.4.1 Work with the community to identify and address community needs, to inform Council processes, services and projects.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained within the report.

2.       Not pursue the clearing of vegetation on Flagstaff Hill.

 

Executive Summary

 

At the February 2018 Meeting Council resolved to:

1.   Recognise that the Port Macquarie flagstaff is an important cultural and heritage asset that directly relates to the maritime history of one of the first ports established on mainland Australia following European settlement.

2.   Request the General Manager table a report to the April 2018 Ordinary Council meeting outlining the process required to enable the clearing of the overgrown vegetation surrounding the flagstaff, so that the entire crest of the hill, including the flagstaff structure, is visible from town beach.

CARRIED: 8/0

FOR: Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido and Turner

AGAINST: Nil

 

This report provides a response to point 2 above.

 

Discussion

 

Flagstaff Hill was a prominent land and sea marker in the early 1900s, assisting the navigation of maritime transport in and out of Port Macquarie via the Hastings River. During these times Flagstaff Hill was devoid of shrubby vegetation.  In more recent times this area has naturally revegetated to form a Coastal Banksia Woodland around the hill and along the coastal corridor between it and Town Beach.

 

The extent of vegetation clearing to restore the colonial era vistas largely depends on where the location of viewing from Town Beach is desired. Due to local topography, Flagstaff Hill is naturally obstructed from view by a ridge of coastal escarpment for some locations on Town Beach.  Flagstaff Hill is 22m AHD, the obstructing ridge is 13 to 20m, see attached image.  Depending on the preferred location(s) from where Flagstaff Hill is to be visible, the quantum of vegetation removal and impact varies significantly, from approximately 3,000m2 to 6,700m2 due to the presence of this obstructing coastal ridge.

 

At a minimum, the loss of vegetation will impact on the coastal walk between Town Beach Kiosk and Flagstaff Hill, altering shade and aesthetics. There will be an ongoing maintenance liability to remove native shrubby regrowth, and an increase weed liability associated with increased sun exposure. Loss of vegetation of the foreground coastal ridge is likely to increase localise coastal erosion after extreme storm events.

 

The planning pathway to pursue the clearing of vegetation on Flagstaff Hill and the Coastal Walk is somewhat complex and depends on the quantum of clearing proposed. Because the clearing work is not associated with specific development or piece of infrastructure being built, there is not considered to be scope under State Environmental Planning Policy (Infrastructure) 2007 (SEPP) to define the work as ‘development permitted without consent’.

 

As the site is zoned E2 Environmental Conservation under the Port Macquarie-Hastings Local Environmental Plan 2011, the clearing is required to be assessed under SEPP (Vegetation in Non-Rural Areas) 2017. Under this SEPP, if the clearing is greater than 0.25Ha, it exceeds the biodiversity offset scheme threshold and the requirement for a ‘Biodiversity Assessment Report’ under the Biodiversity Conservation Act 2016 applies. This report is required to be prepared by an accredited ecologist and would ultimately need to be approved by the Native Vegetation Panel. The report/Panel ultimately determines an offset requirement under the scheme. This offset could be in the form of securing other land to meet the required offset or by purchasing credits through the Biodiversity Conservation Fund. The extent and cost of the required offset would be unknown until the assessment was undertaken and approved.

 

If the clearing does not exceed the threshold (i.e. is less than 0.25Ha) then the Vegetation SEPP enables Council to issue a permit for the clearing under Port Macquarie-Hastings Development Control Plan 2013 (DCP). The DCP provisions relating to the removal of trees on public land were established prior to the establishment of the Vegetation SEPP and Biodiversity Conservation Act and are typically applied on an individual tree basis as opposed to the removal of an area of trees. Council staff have identified a need to review the tree management provisions of the DCP noting these recent legislative changes. If Council were to pursue a permit for the clearing work under the DCP then it would be considered prudent to undertake an ecological assessment similar to that which would be required to support a Review of Environmental Factors for development that would ordinarily be considered permitted without consent.

 

The DCP Objectives and Development Provisions relating to the removal of trees on public land are as follows:

 Land

2.6.3.3 Objective

·    To ensure that proper consideration is given to trees and native vegetation in designing, planning and constructing development.

·    To minimise injury to or destruction of trees and native vegetation.

·    To retain healthy individual trees of local amenity and aesthetic value.

·    To facilitate the removal of undesirable exotics, noxious weeds, dangerous trees and any other inappropriate plantings, and to replace these with suitable local indigenous species to make a positive contribution to visual and environmental amenity and ecological sustainability.

·    To retain viable representative samples of native vegetation, which have an intact structure and complete floristics, wherever practical.

 

Development Provisions

a)   Trees on Council controlled land shall not be pruned or removed unless:

·    Written consent is provided by Council; and

·    They are dead, dying, diseased or dangerous, or

·    They are causing damage to infrastructure on public land, or

·    They are impacting on pedestrian or traffic conditions; or

·    They are interfering with services on private property; or

·    They impact on the outlook from historic sites or significant public viewing areas, or

·    The growth habit or mature size of the tree is undesirable in a particular situation, as determined by the General Manager or his delegates; or

·    The trees require removal to fulfil the requirements of section 100C of the Rural Fires Act 1997, as determined by the General Manager or his delegates.

b)   Where a tree removal on Council land is approved, the removal is to be supervised by the Director of Infrastructure Services or their delegate and undertaken in accordance with Council’s tree management specifications.

c)   A tree removed on Council land is to be replaced by an approved species in a suitable location as determined by the Director of Infrastructure Services or his delegate.

d)   Council will not consider the pruning or removal of trees where the intent is to enhance the views of or from private property.

e)   Adhoc planting of trees or other vegetation within the road reserve (including public footpaths) is not permitted. Any planting that occurs in this manner will be removed and the road reserve restored at no cost to the Council.

f)    Council may consider permitting planting on public land by an Incorporated Community Group where accompanied by a detailed report.

g)   Council has no statuary obligation or onus to treat termites, however where a tree on public land is affected by termites, Council may grant permission for adjoining landowners to enter upon public land to treat termites where treatment does not include the destroying, pruning or removal of trees on public land.

h)   Any pruning, removal or treatment of any tree on public land must be undertaken in accordance with Council’s tree management specifications.

i)    Council, or contractors working on behalf of Council are exempt from requiring an approval to remove or kill non-native or non indigenous native trees from public bushland reserves.

 

It is noted that Development Provision a) above includes a reference to removal of trees that ‘impact on the outlook from historic sites of significant public viewing areas’, which would potentially provide some justification to pursue tree clearing on the site. It is also noted that the DCP envisages a replanting ratio of 1:1 so an offset area would need to be accounted for in any tree removal proposal.

 

Options

 

1.   Consider allocating funds in a future operational plan to pursue clearing of greater than 0.25 Ha of shrubby vegetation on Flagstaff Hill and selected section of the Coastal Walk.

2.   Consider allocating funds in a future operational plan to pursue clearing of less than 0.25 Ha of shrubby vegetation on Flagstaff Hill and selected section of the Coastal Walk.

3.   Investigate whether The Flagstaff could be raised to increase the current visibility at Town Beach as an alternative to clearing surrounding vegetation.

4.   Do nothing.

 

Council staff recommend that option 4 be adopted and clearing work not be pursued for the following reasons:

1.   Potential poor public perception noting;

a.   Council’s bush regeneration initiatives being undertaken within coastal public reserves.

b.   Vandalism of coastal vegetation occurs in some areas to create views from private property. There is a compliance effort from Council staff in managing/preventing this. Clearing of vegetation on public land for view optimisation could send mixed messages.

2.   Potential precedent to clear vegetation in other public reserves to improve views.

3.   The extent of the clearing and loss of amenity from tree removal.

4.   Potential increased erosion and weed infestation.

5.   Cost.

 

Community Engagement & Internal Consultation

 

Community engagement would be considered necessary if any proposal to clear vegetation on Flagstaff Hill and along the Coastal walk was pursued.

 

Planning & Policy Implications

 

Removal of vegetation by Council to recreate historical vistas may send mixed messages to the community on how Council manages clearing for views on coastal public bushland. The vegetation on Flagstaff Hill and along the Coastal Walk has an aesthetic value in its own right so there is the potential for poor public perception to be created, notwithstanding some members of the public may place greater value on a more prominent Flagstaff.

 

Clearing and fragmentation of coastal vegetation for views is listed as a key threatening process for many threatened ecological communities under State and Federal environmental law.

 

Financial & Economic Implications

 

Undertaking the necessary environmental assessment to support any proposal for clearing would be in the order of $20,000 if the clearing exceeds 0.25Ha. If clearing is less than 0.25 Ha the cost would be approximately $5000 to $10,000. Removal of the vegetation would vary depending on the area cleared and could be as much as $200,000 for the upper area estimate of 6,700 m2 (the high cost is due to the steep terrain and the need for specialist equipment such as cranes). Ongoing annual maintenance is estimated at $5,000. The cost of any required offset is difficult to determine but is likely to be much more significant if the 0.25Ha threshold is exceeded. There is currently no budget in council forward works program to address this issue.

 

Attachments

 

1View. Digital Elevation Model

 


AGENDA                                                                                Ordinary Council

18/04/2018

 

 

Item:          12.12

 

Subject:     Question From Previous Meeting - Lake Cathie Opening Strategy

Presented by:  Development and Environment, Daniel Croft

 

 

 

 

RECOMMENDATION

 

That Council:

1.         Note the information contained in the report.

2.         Not pursue a review of the Lake Cathie Opening Strategy.

3.         Request the General Manager investigate allocating funding in future operational budgets to upgrade collateral on the Lake Cathie Opening Strategy, including upgrade to on site signage, website material and Opening Strategy brochure.

 

 

Question from Mayor Pinson

 

Can the General Manager please provide information to Councillors on the Lake Cathie Opening Strategy - its history, current status and how Council might go about reviewing the Strategy?

 

Comments by Councillor (if provided)

 

Nil.

 

Response

 

Background

 

Lake Cathie is a dynamic system that has significant environmental and social values. The lake system alternates between being open or closed to the ocean and is known as an Intermittently Closed and Open Lake or Lagoon (ICOLL).  There are about 70 ICOLLs in NSW. ICOLLs, such as Lake Cathie, are separated from the ocean by a sand barrier. This entrance barrier forms and breaks down depending on the movement and redistribution of the sand by waves, tides and flood flows.  ICOLLs open and close to the ocean naturally in a constant but irregular cycle.  It is common for ICOLLs to remain closed for several years at a time.

 

The lower Lake Cathie estuary is highly utilised by the public for swimming and passive recreational activities and is a greatly valued asset of the Lake Cathie village and Port Macquarie-Hastings LGA. When the lake closes, Council has historically monitored lake levels and water quality.  Flooding can become an issue with development adjacent to the lake and foreshore, commercial premises, roads, parklands and sewerage systems when water levels in the Lake are high. 

 

Council in consultation with the local community, established the Lake Cathie Opening Strategy in 1995. The Strategy was updated and reviewed in 2001, 2004/5 and 2011. The Opening Strategy was developed under the Lake Cathie-Lake Innes Estuary Management Plan, developed by the Lake Cathie-Bonny Hills Estuary Management Committee (now the Hastings LGA Coast and Estuaries Sub-Committee).  The Sub-Committee comprises representatives from various Progress Associations, National Parks and Wildlife Service, NSW Fisheries, NSW Agriculture, Department of Lands, local community and Council. The Sub-Committee has the task of overseeing the ongoing management of the estuary and recommend to Council strategies and actions for the implementation of work within the estuary.

 

Current Situation

 

The current Opening Strategy aims to apply a balanced approach between environmental and social impacts and allows Council to artificially open the Lake, when conditions prescribed in the Strategy are prevalent, being:

·    the lake height reaches 1.6m AHD or greater

·    there is poor water quality

·    when high lake levels threaten breeding cycles of critical environmental habitat.

 

Artificial openings, either by Council or unknown members of the community, have occurred on average once every 12 months (see Table 1).

 

Table 1           Detailed list of Opening and Closing of Lake Cathie

Date

Action/ Event

Opening Level

Comments

April 1992

Unknown method of opening

Unknown

 

July 1996

Artificial entrance opening by Council

1.76

 

August 1996

Lake closed naturally

----

Open for 4 months

March 1997

Artificial entrance opening by Council

Unknown

 

September 1997

Lake Closed Naturally

----

Open for 6 months

June 1998

Artificial entrance opening by Council

1.55

 

Unknown

Lake Closed Naturally

----

 

April 1999

Opened by residents/natural causes

1.47

 

Unknown

Lake Closed Naturally

----

 

May 2000

Unsuccessful attempt by unknown individuals to manually open Lake

Unknown

 

Dec 2000

Artificial entrance opening by Council

1.27

 

Unknown

Lake Closed Naturally

----

 

June 2001

Unsuccessful attempt by unknown individuals to manually open Lake

1.43

 

April 2002

Artificial entrance opening by Council

1.57

Open for 3 months

September 2002

Lake Closed Naturally

----

 

May 2003

Artificial entrance opening by Council

1.7

 

February 2004

Lake Closed Naturally

----

Open for 9 months

November 2004

Artificial entrance opening by Council

1.6

 

February 2005

Lake Closed Naturally

----

Open for 4 months

June 2005

Artificial entrance opening by Council

1.6

November 2005

Lake Closed Naturally

----

Open for 4 months

November 2005

Lake Opened Naturally

----

Date approximate

March 2006

Lake Closed Naturally

----

Open for 4 months

March 2007

Unsuccessful attempt by unknown individuals to manually open Lake

1.4

 

July 2007

Artificial entrance opening by Council

1.65

 

March 2008

Lake Closed Naturally

----

Open for 7 months

May 2008

Artificial entrance opening by Council

1.7

 

August 2008

Lake Closed Naturally

----

Open for 3 months

February 2009

Artificial entrance opening by Council

1.8

 

October 2009

Lake Closed Naturally

----

Open for 8 months

April 2011

Artificial entrance opening by Council

1.35

Berm height +2.0mAHD, width double previous opening. Lake opened too low due to error with MHL gauge.

June 2011

Lake Closed Naturally

----

Open for 1.5 months

June 2011

Artificial entrance opening by Council

1.75

 

May 2012

Lake Closed Naturally

----

Open for 11 months

August 2012

Artificial entrance opening by Council

1.6

 

October 2012

Lake Closed Naturally

----

Open for 2 months

Feb 2013

Lake Opened Naturally

2.1

Opened as a result of flooding occurring as a result of East Coast Low. Reservations held on whether this was a natural opening

March 2014

Lake Closed Naturally

----

Open for 12 months

March 2015

Artificial entrance opening by Council

1.79

Dredging of lower lake and Illaroo dune renourished prior to this opening

July 2015

Lake Closed Naturally

----

Open for 3 months

January 2015

Successful attempt by unknown individuals to manually open Lake

1.8

Shallow channel opened by unknown individuals at northern side of entrance

September 2017

Lake Closed Naturally

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Open for 2 years 9 months. Considerable erosion of foreshore reserve on northern side of Cathie Creek during this time.

 

Careful consideration of any changes to the Opening Strategy is needed as hydrodynamic impacts such as altered wave action entering the lower estuary, changes in longshore sand drift, tidal prism and wave environment could result in loss of existing sand shoals and beach areas. Changes in channel alignment and sediment dynamics could also be experienced within the lake which in turn could significantly change the duration of lake opening events and impact on water quality.

 

Altering hydrodynamic estuarine processes will likely create other management issues including impacting on access to the lake and foreshore, safety of wading and/or swimming areas, altering the saline/freshwater balance within the greater lake system.  Environmental issues including habitat loss for wading birds, fish and prawn species could also be potentially impacted by changing the Opening Strategy.

 

History of the Lake Cathie Opening Procedure

 

Original Opening Procedure

Since at least the early 1960's Council has artificially opened the estuary entrance by excavating a channel through the beach dune when water levels inside the lake reaches a specific level. Originally this level was 1.5m AHD (1.5m above mean sea level). The details around the adoption of this level are not known and it is assumed that this original level was not supported by any detailed environmental studies or adopted strategies.

 

1995 Opening Strategy

The original Lake Cathie/Lake Innes Entrance Opening Strategy and Management Plan was developed in May 1995. Adoption of the Management Plan by Council followed an extensive community consultation program and direct input from key stakeholder groups.The 1995 Strategy nominated an opening trigger level of 1.8m AHD or when poor water quality is experienced or when high lake levels threaten bird breeding cycles.

 

2001 Opening Strategy Review

In the intervening years after the original Opening Strategy was adopted, several reports were commissioned by Council as a result of economic and social issues raised by the community.  Ultimately a review of the Opening Strategy was conducted in 2000 which led to the Strategy being updated in 2001 with changes to the opening trigger level (reduced to 1.6m AHD). This change was mainly due to the results of monitoring of the lake opening levels which showed that in the years between 1995 and 2001 the lake had been recurrently opened at around 1.6m AHD.  This change in lake level also responded to Council and community concerns regarding inundation impacts of both private and public land when the Lake rises above 1.6m AHD.

 

A key component of the 2001 review was the Council resolution to develop the opening ‘brochure’. During the review phase it was clear that the community awareness of the various competing interests in the management of the lake were largely unknown to a large section of the community. The brochure was produced as an education tool to inform the community on the multitude of issuess that need to be balanced in order to ensure that the lake system is sustainably managed.

 

2004 Opening Strategy Review

Council further investigated the Opening Strategy in 2004. The 2004 report was initially focused on the broader management issues of Lake Cathie (i.e. possible reversion of Lake Innes to freshwater etc). However, due to the large number of submissions made on the Opening Strategy it was decided that the Opening Strategy should be the subject of a further review.

 

The 2004 report acknowledged that there was a lack of detailed scientific data available to comprehensively conclude whether the management strategy should or should not be changed. Thus a key recommendation of the 2004 report was that the lake system should be further studied via a computer hydrological model which would allow Council to make a more informed decision on whether the current management strategy was appropriate.

 

In September 2005 Council resolved to undertake a detailed modelling study to investigate potential management options and possible improvement works for the lake and estuary. This culminated in the Lake Cathie / Lake Innes Estuary Hydrodynamic Model which was initiated in 2008 and completed in May 2011.

 

Throughout the 2004 review the consultants noted that the Lake Cathie and wider community is very passionate about the management of the lake and recommended that further community engagement strategies be pursued and implemented.  The consultants noted that although the original plan and strategy were prepared with community and stakeholder participation, the community is transient in nature and changes over the years since its adoption. The consultants also noted that Council has a vital role in communicating and consulting with the current local residents and tourists, providing up to date information and responding to their concerns.

 

2011 Opening Strategy Review

The 2011 Lake Cathie / Lake Innes Estuary Hydrodynamic Model project involved a comprehensive and detailed study of the Lake Cathie/ Lake Innes estuary. A hydrodynamic computer model was developed to provide Council with comprehensive and definitive scientific justification for any changes in the current management approach of the lake.

 

The hydrodynamic model of the Lake Cathie/Lake Innes estuary provides Council with a comprehensive management and decision making tool which is based on a scientific understanding of the underlying drivers of the estuarine physical processes (erosion, deposition, shoaling, water quality, estuary health, flood management). The model allows prediction of “cause and effect” impacts of sedimentary, tidal and fresh water flow processes.  Council are able to better assess impacts and reach informed decisions in sustainably managing the lake and estuary system.

 

In consultation with the community, the computer based hydrodynamic model was used to assess four possible scenarios:

Management Option 1:           Widening of Kenwood Drive Bridge,

Management Option 2:           Changes to the lake Opening Strategy

Management Option 3:           Isolating Lake Innes

Management Option 4:           Channel dredging upstream of Ocean Drive Bridge

 

In order to determine the best management practice for opening the lake three possible mechanical opening levels (eg. 1.4m AHD, 1.6m AHD and 1.8m AHD) were tested. The results of the hydrodynamic model demonstrated that the current lake opening trigger level of 1.6m AHD was the most appropriate and that this level should be maintained.

 

The Port Macquarie-Hastings Coasts & Estuaries Management Sub-Committee met to discuss the results of the study and recommended that Council adopt the findings of the report. Accordingly, Council adopted the findings of the report at the ordinary Council meeting held on 27 June 2011.

 

Background Studies and Assessments

 

Whilst the 2011 Lake Cathie / Lake Innes Estuary Hydrodynamic Model now provides the most relevant, accurate and up-to-date information on the management of the lake, some of the relevant studies for the Lake Cathie estuary are provided below. This list demonstrates the extensive work undertaken on studying the Lake:

 

·    Lake Cathie-Lake Innes Estuary Management Plan, Webb, McKeown & Associates, May 1994

·    Nutrients in the Lake Cathie / Lake Innes Lagoonal System, Port Macquarie, Southern Cross University, 1994

·    Cathie Creek Maintenance Dredging Environmental Review, Webb, McKeown & Associates, November 1994

·    Lake Cathie/Lake Innes Water Quality Study, Department of Public Works and Services, Manly Hydraulic Laboratory, November 1995

·    Lake Cathie/Lake Innes Entrance Opening Strategy Environmental Review, Webb, McKeown & Associates, May 1995

·    Lake Cathie/Lake Innes Waterway Users Study, Webb, McKeown & Associates, July 1998

·    A Tale of Two Lakes - Managing Lake Innes and Lake Cathie for Improved Ecological and Community Outcomes - Issues and Options, Umwelt, February 2004

·    Maintenance Dredging of Lake Cathie Review of Environmental Factors, GHD, September 2004

·    Port Macquarie-Hastings Council Dredging Strategy, Port Macquarie-Hastings Council, September 2007;

·    Lake Cathie Coastal Hazard Study, SMEC, October 2008

·    Lake Cathie Coastline Management Study, SMEC, July 2009

·    Lake Cathie Coastal Hazard Study Review, SMEC, November 2010

·    Lake Cathie Lake Innes Estuary - Hydrodynamic Model Development & Investigation BMT WBM, May 2011

·    Lake Cathie Coastal Management Study, SMEC, February 2012

·    Lake Cathie Coastal Zone Management Plan, PMHC, April 2016

 

Aerial photographs of the area demonstrate some of historical views of Lake Cathie and show the movement of sands and changes in the system due to the complex hydrodynamic processes at work.

 

Photograph 1:           Lake Cathie 1940

 

 

Photograph 2:           Lake Cathie 1979

 

 

Photograph 3:           Lake Cathie 1993

 

 

In summary, the Lake Cathie Opening Strategy, since its adoption in 1995, has been reviewed on average every 5 years with significant reviews being undertaken in 2001, 2005/6 and 2011.  As a result of the hydrodynamic computer model that was developed as part of the 2011 study, it is considered that Council now has a detailed and accurate scientific understanding of the Lake and its environmental processes. This study confirmed that Council has adopted a balanced approach to the management of the lake and that the most pragmatic solution to the opening of the lake has been achieved. Council staff are of the view that the Strategy does not need to be reviewed.

 

However, it is noted that previous Council resolutions have acknowledged the importance of community information and education in providing a holistic management approach. Council’s Lake Cathie information leaflet/brochure and website content are in need of an update. The photographs below also illustrate the outdated signage on site that needs replacing.

 

 

 

 

 

If Council were to review the Opening Strategy, it would be necessary to initially consult with the National Parks and Wildlife Service and the Hastings LGA Coast and Estuaries Sub-Committee.

 

Options

 

1.       Review the Lake Cathie Opening Strategy and re-examine the hydrodynamic model and factors influencing the system and management decisions

2.       Not pursue a review of the Lake Cathie Opening Strategy.

3.       The General Manager investigate allocating funding in future operational budgets to upgrade Collateral on the Lake Cathie Opening Strategy, including upgrade to on site signage, website material and Opening Strategy brochure.

 

Community Engagement & Internal Consultation

 

Community engagement would be considered necessary if any proposal to review the Lake Cathie Opening Strategy was pursued.

 

Planning & Policy Implications

 

Review of the Lake Cathie Opening Strategy could result in a number of planning and policy implications relating to infrastructure provision/maintenance, coastal erosion and flooding. It is difficult to predict the nature and extent of any implications ahead of any review recommendations.

 

Financial & Economic Implications

 

Review of the Lake Cathie Opening Strategy could cost in the order of $50,000 to $100,000 (it is difficult to estimate noting the potential variable and expanse of any review scope). Replacement of educational signage on site and an updated brochure on the strategy would likely cost $20,000 to $25,000.

 

Attachments

 

1View. 2012 Lake Cathie Opening Strategy Brochure

 

 


AGENDA                                                                                Ordinary Council      18/04/2018

 

Subject:     CONFIDENTIAL COMMITTEE OF THE WHOLE

 

 

RECOMMENDATION

1.         That Council move into Confidential Committee of the Whole to receive and consider the following items:

Item 14.01         General Manager 2017-2018 Mid-Year Performance Review

                          This item is considered confidential under Section 10A(2)(a) of the Local Government Act 1993, as it contains personnel matters concerning particular individuals (other than Councillors).

Item 14.02         T-18-03 Tree Maintenance and Management Services

                          This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.03         T-18-12 Provision of Dredging Services

                          This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

2.       That pursuant to Section 10A subsections 2 & 3 and 10B of the Local Government Act 1993 (as amended), the press and public be excluded from the proceedings of the Council in Confidential Committee of the Whole on the basis that the items to be considered are of a confidential nature.

3.       That the recommendations made in Confidential Committee of the Whole be made public as soon as practicable.

 

 


 

 

Subject:     ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

 

 

RECOMMENDATION

That the undermentioned recommendations from Confidential Committee of the Whole be adopted:

Item 14.01    General Manager 2017-2018 Mid-Year Performance Review

                     This item is considered confidential under Section 10A(2)(a) of the Local Government Act 1993, as it contains personnel matters concerning particular individuals (other than Councillors).

                     RECOMMENDATION

Item 14.02    T-18-03 Tree Maintenance and Management Services

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

Item 14.03    T-18-12 Provision of Dredging Services

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.\

                     RECOMMENDATION