Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 12 December 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 12 December 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..................................................................................... 37

06           Mayoral Minute

06.01..... Mayoral Discretionary Fund Allocations.............................................. 41

07           Confidential Correspondence to Ordinary Council Meeting................................. 42

08           Public Forum................................................................................................... 44

09           Leadership and Governance........................................................................... 45

09.01..... Councillor Portfolio Protocol - Revised............................................... 46

09.02..... 2018 Local Government NSW Annual Conference................................ 50

09.03..... Why Local Government Matters.......................................................... 54

09.04..... Question From Previous Meeting - Councillor Portfolio System............ 58

09.05..... Status of Reports From Council Resolutions....................................... 59

09.06..... Delegated Authorities - Certificate of Identification Issued Under the Swimming Pools Act 1992........................................................................................... 65

09.07..... 2020 Ordinary Local Government Election........................................... 67

09.08..... Code of Conduct Complaint Statistics................................................ 73

09.09..... Policy Review - Public Interest Disclosure - Internal Reporting - Post Exhibition........................................................................................................ 77

09.10..... Draft Investment Policy...................................................................... 79

09.11..... Monthly Budget Review - November 2018........................................... 84

09.12..... Investments - November 2018............................................................ 88

09.13..... Policy Rescission - Banners Over Public Roads and Reserves Policy - Post Public Exhibition.......................................................................................... 92

09.14..... Compliments and Complaints Annual Report 2017-2018....................... 94

10           Your Community Life..................................................................................... 99

10.01..... Draft Mrs York's Garden Master Plan................................................ 100

10.02..... Future Strategy for Tastings on Hastings.......................................... 104

10.03..... Port Macquarie-Hastings Council Disability Inclusion Action Plan 2017-2018 Annual Progress Report.............................................................................. 112

10.04..... Recommended Items from the Mayor's Sporting Fund Sub-Committee - November 2018 ............................................................................................... 115

10.05..... Cultural Plan 2018 - 2021  -  Allocation of Funds................................ 116

11           Your Business and Industry......................................................................... 121

11.01..... Draft EPBC Act Preliminary Documentation Assessment Report - Port Macquarie Airport Master Plan Implementation and vegetation clearing on Council owned land in the Thrumster Urban Release Area.................................................... 122

12           Your Natural and Built Environment............................................................. 127

12.01..... Notice of Motion - Traffic Congestion Crisis - Oxley Highway, Port Macquarie  128

12.02..... Question From Previous Meeting - Legal Advice on Water Fluoridation 129

12.03..... Land Acquisition - Intersection of Doyles Road and Rollands Plains Road, Ballengarra....................................................................................................... 131

12.04..... Land Acquisition - 921 Hastings River Drive, Pembrooke................... 133

12.05..... Transfer of Land to Council for Sewer Purposes - Leaders Way Wauchope      136

12.06..... Recommended Item from Local Traffic Committee - Pedestrian Crossing - Bold Street, Laurieton......................................................................................... 138

12.07..... Recommended Item from Local Traffic Committee - 40 km/h High Pedestrian Activity Area - Wauchope Town Centre.......................................................... 140

12.08..... Recommended Item from Local Traffic Committee - 40 km/h High Pedestrian Activity Area - Port Macquarie Town Centre................................................... 142

12.09..... Ocean Drive Upgrade Lake Cathie - Community Feedback................. 144

12.10..... Bundaleer Aged Care - Project Update.............................................. 159

12.11..... Development Contributions Deferral Scheme.................................... 162

12.12..... Hastings River Flood Study - Public Exhibition Submissions Report.. 169

12.13..... Wrights Creek Flood Study Update - Public Exhibition Submissions Report     184

12.14..... Update on Kooloonbung Creek Flying-fox Camp Management Plan... 193  

13           Questions for Next Meeting

14           Confidential Matters

Motion to move into Confidential Committee of the Whole............................... 198

14.01..... Request from Resident in Respect of Water Charges

14.02..... T-18-54 Provision of Property Sales and Buyer's Agent Services

14.03..... T-18-33 Concrete, Bricks and Masonry Processing

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      12/12/2018

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 November 2018 be confirmed.

 


MINUTES

Ordinary Council Meeting

                                                                                                                        21/11/2018

 

 

 

 

PRESENT

 

Members:

 

Councillor Peta Pinson (Mayor)

Councillor Lisa Intemann (Deputy Mayor)

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)

Director Development and Environment (Melissa Watkins)

Director Strategy and Growth / Acting Director Infrastructure (Jeffery Sharp)

Group Manager Governance and Procurement (Blair Hancock)

Executive Assistant to the Mayor (Linda Kocis)

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 Simon Chen from the Port Macquarie Baptist Church delivered the Local Government Prayer.

 


 

 

 

03       APOLOGIES

RESOLVED:  Levido/Alley

 

That the apology received from Councillor Rob Turner be accepted.

carried:      8/0

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

Against:       Nil

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Levido/Alley

That the Minutes of the Ordinary Council Meeting held on 17 October 2018 be confirmed.

carried:      8/0

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

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

Councillor Intemann declared a Non-Pecuniary – Less than Significant Interest in Item 12.05 – Draft Port Macquarie-Hastings DCP 2013 – Highways Gateway Sites, the reason being that Councillor Intemann is a Director of the Hastings Co-operative Ltd, which operates several service stations in Wauchope and Port Macquarie.  After consulting the publicly available Business Case materials from the proponents and the Hastings Co-op Executive, Councillor Intemann perceives no pecuniary or significant interest arising from this matter before Council.

Councillor Levido declared a Non-Pecuniary – Significant Interest in Item 14.02 – T-18-47 Laurieton Sewer Rising Main SPS No. 1, the reason being Councillor Levido is the principal of the Port Macquarie Law Firm, Levido Law & Property.  The Firm acts for the principals of one of the tenderers as to the matter the subject of the report before Council.

Councillor Levido declared a Non-Pecuniary – Significant Interest in Item 14.03 – T-18-53 Design and Construction of Underbores – Beechwood and Bonny Hills, the reason being Councillor Levido is the principal of the Port Macquarie Law Firm, Levido Law & Property.  The Firm acts for the principals of one of the tenderers as to the matter the subject of the report before Council.

Councillor Cusato declared a Pecuniary Interest in Item 12.09 – Airport Precinct Investigation Area – Site Selection for Proposed Business Park, the reason being that Councillor Cusato owns a hangar within the precinct.

 

Mayor Pinson declared a Pecuniary Interest in Item 14.02 – T-18-47 Laurieton Sewer Rising Main SPS No. 1, the reason being that the Mayor’s business, Stabilcorp, has occasional business dealings with one of the tenderers.

Mayor Pinson declared a Pecuniary Interest in Item 14.03 – T-18-53 Design and Construction of Underbores – Beechwood and Bonny Hills, the reason being that the Mayor’s business, Stabilcorp, has occasional business dealings with one of the tenderers.

 

 

06.01  Mayoral Discretionary Fund Allocations

RESOLVED:   Pinson

 

That the Mayoral Discretionary Fund allocations for the period 4 October 2018 to 7 November 2018 inclusive be noted.

carried:      8/0

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

Against:       Nil

 

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

RESOLVED: Levido/Dixon

That Council determine that the attachments to Item Numbers 09.06 and 11.04 be considered as confidential, in accordance with section 11(3) of the Local Government Act.

carried:      8/0

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

Against:       Nil

 

 

08       PUBLIC FORUM

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

1.         Mr Jamie Harrison regarding staff bias, asset management, project management and local content.

2.         Mr John Lusk regarding fluoridation and Council must protect its citizens from undisclosed harm and act lawfully.

3.         Mr Raymond Griffiths, Rollands Plains Community Group, regarding Council adopting a Rural Road Policy and current state of rural roads.

4.         Mr Warren Bradley regarding disabled parking laws.

RESOLVED: Dixon/Alley

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

 

carried:      8/0

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

Against:       Nil

 

 

08.01     Staff Bias, Asset Management, Project Management & Local Content

Mr Jamie Harrison addressed Council in relation to staff bias, asset management, project management and local content.  Mr Harrison answered questions from Councillors.

 

 

08.02     Fluoridation - Protecting Citizens from Undisclosed Harm and Acting Lawfully

Mr John Lusk addressed Council suggesting that Council must protect its citizens from undisclosed harm and act lawfully in relation to fluoridation of the local water supply.  Mr Lusk answered questions from Councillors.

 

 

08.03     Adoption of a Rural Roads Policy and Current State of Rural Roads

Mr Raymond Griffiths, on behalf of the Rollands Plains Community Group, addressed Council suggesting that Council adopt a Rural Roads Policy and spoke on the state of rural roads.  Mr Griffiths answered questions from Councillors.

 

 

08.04     Disabled Parking Laws

Mr Warren Bradley addressed Council on disabled parking laws and answered questions from Councillors.

 

 

RequestS to Speak on an Agenda Item

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

Item 12.05 – Mr Anthony Thorne in support of the recommendation.

Item 12.05 – Mr Peter Scott in support of the recommendation.

Item 12.07 – Mr Anthony Thorne in support of the recommendation.

Item 12.09 – Mr Anthony Thorne in support of the recommendation.

RESOLVED:  Hawkins/Custao

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

carried:      8/0

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

Against:       Nil

 

 

Suspension of Standing Orders

RESOLVED:  Intemann/Hawkins

That Standing Orders be suspended to allow Items 12.05, 12.07 and 12.09 to be brought forward and considered next.

carried:      8/0

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

Against:       Nil

 


 

 

12.05  Draft Port Macquarie-Hastings Development Control Plan 2013 - Highways Gateway Sites

Councillor Intemann declared a Pecuniary - Less than Significant Interest in this item.

Mr Anthony Thorne, King & Campbell Pty Ltd, representing Mr and Mrs Martin and Ms A Hazenveld, addressed Council in support of the recommendation and made comments on access and servicing (sewer).  Mr Thorne answered questions from Councillors. 

Mr Peter Scott, Scott PDI Pty Ltd, addressed Council in support of recommendation No 1 but advised his Company was not in support of recommendation No 2 and outlined the reasons for this.  Mr Scott answered questions from Councillors.

 

RESOLVED:  Cusato/Hawkins

 

That Council:

1.      Endorse the Draft Port Macquarie-Hastings Development Control Plan 2013 - Highways Gateway Sites for public authority consultation and public exhibition together with the Port Macquarie Highway Service Centre Planning Proposal.

2.       Note that prior to the public exhibition, the Draft Port Macquarie-Hastings Development Control Plan 2013 - Highways Gateway Sites will be updated to include details of vehicle ingress and egress, as noted in this report.

3.       Proceed with public authority consultation with RMS, RFS, OEH & EPA in accordance with the DoP Gateway Determination letter dated 29 August 2018.

4.       Request the General Manager to report to the March 2019 Council Meeting with an update on the Public Authority consultation with RMS, RFS, OEH & EPA.

carried:      8/0

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

Against:       Nil

 


 

12.07  Planning Proposal:  Lot 14 DP 240042 Pioneer Street, North Haven - Consideration of Submissions

Mr Anthony Thorne, King & Campbell Pty Ltd, representing landowners Robert & Neil Tate, addressed Council in support of the recommendation.

RESOLVED:  Intemann/Hawkins

 

That Council:

1.       As a result of the consideration of submissions, amend the Planning Proposal as outlined in the report to extend the area of E2 Environmental Conservation zoned land in the southern part of the site to protect habitat for the Squirrel Glider.

2.       Subject to approval under Item 1 above, take the necessary steps under section 3.35 and 3.36 of the Environmental Planning and Assessment Act 1979 (the Act) to finalise Local Environmental Plan 2011 (Amendment No 25).

3.       Delegate authority to the Director Strategy and Growth to make any minor amendments to the Planning Proposal in finalising the Local Environmental Plan.

4.       Notify all persons who lodged submissions and provide information of the meeting outcome.

carried:      8/0

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

Against:       Nil

 

12.09  Airport Precinct Investigation Area - Site Selection for Proposed Business Park

Councillor Cusato declared a Pecuniary Interest in this item, left the room and was out of sight during the Council’s consideration, the time being 7.12pm.

Mr Anthony Thorne, King & Campbell Pty Ltd, representing Council as the owner of the Port Macquarie Airport, addressed Council in support of the recommendation.

RESOLVED:  Levido/Hawkins

 

That Council:

1.       Notes the assessment in this report and confirms that the Council owned land within the Port Macquarie Airport Precinct Investigation Area, as shown coloured light brown in Attachment 15, is the most suitable land to supply 23.75 hectares of gross developable Business Park zoning in the Airport Precinct Investigation Area.

2.       Receive a further report to the February 2019 Council meeting in respect of a Planning Proposal for the Council owned land as identified in 1 above.  

3.       Advise landowners within the Airport Precinct Investigation Area of the outcome of this decision.

carried:      7/0

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

Against:       Nil

 

Councillor Cusato returned to the meeting, the time being 07:24pm.

09.01  Status of Reports From Council Resolutions

 

Councillor Hawkins left the meeting, the time being 07:25pm.

 

RESOLVED:   Griffiths/Intemann

 

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

carried:      7/0

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

Against:       Nil

 

 

09.02  Request for Leave of Absence - Mayor Peta Pinson

RESOLVED:  Dixon/Alley

 

That Council:

1.       Grant leave of absence for Mayor Peta Pinson for the period 21 February to 17 March 2019 inclusive.

2.       Note that in accordance with Section 231(3) of the Local Government Act, the Deputy Mayor will perform all duties of the Mayor during this period.

3.       Allocate the Mayoral allowance to the Deputy Mayor during this period in accordance with Section 249(5) of the Local Government Act.

carried:      7/0

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

Against:       Nil

 

 

09.03  Notice of Motion - Councillor Portfolio Protocol

Councillor Hawkins returned to the meeting, the time being 07:27pm.

RESOLVED:  Intemann/Alley

 

That Council:

1.       Request the General Manager amend the Councillor Portfolio Protocol to remove participation by the Mayor, as per the Mayor’s recent request.

2.       Request the General Manager table the amended Councillor Portfolio Protocol at the December 2018 Ordinary Council Meeting for consideration.

carried:      7/1

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

Against:       Griffiths

 


 

 

09.04  Policy Review - Risk Management

 Councillor Dixon left the meeting, the time being 07:39pm.

RESOLVED:  Hawkins/Alley

That Council:

1.       Place on public exhibition the draft Risk Management Policy commencing from 28 November for a minimum of 42 days.

2.       Place on public exhibition the Risk Management Framework Policy commencing from 28 November for a minimum of 42 days with the intent to rescind, as the document will be reclassified as an internal procedure.

3.       Note that a further report is planned to be tabled at the February 2019 meeting of Council, detailing the submissions received from the public during the exhibition period.

carried:      7/0

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

Against:       Nil

 

 

09.05  Annual Financial Statements for the Year Ended 30 June 2018

 Councillor Dixon returned to the meeting, the time being 07:41pm.

 

RESOLVED:  Griffiths/Hawkins

 

That Council:

1.         Adopt the Annual Financial Statements for the year ended 30 June 2018, as submitted, together with the Auditor’s Report.

2.         Request the General Manager provide a briefing to Councillors by March 2019 on the substantial increase in employee expenses over the last three years.

 

carried:      8/0

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

Against:       Nil

 

 

09.06  Quarterly Budget Review Statement - September 2018

RESOLVED:  Cusato/Hawkins

 

That Council note the Quarterly Budget Review Statement for the September 2018 Quarter.

carried:      8/0

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

Against:       Nil

09.07  Monthly Financial Report - October 2018

RESOLVED:  Hawkins/Alley

 

That Council:

1.       Adopt the adjustments in the “Budget Variations – October 2018” section of the Monthly Financial Review - October 2018.

2.       Amend the 2018-2019 Operational Plan to include all budget adjustments approved in this report.

carried:      8/0

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

Against:       Nil

 

 

09.08  Investments - October 2018

RESOLVED:  Griffiths/Hawkins

 

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

 

carried:      8/0

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

Against:       Nil

 

 

09.09  Financial Impact of Cost Shifting from Other Levels of Government

RESOLVED:   Hawkins/Griffiths

 

That Council:

1.      Note the information in the Financial Impact of Cost Shifting Report.

2.      In particular, note that the ongoing accelerating transfer of responsibilities from the NSW State and Federal Governments to local councils without appropriate offset funding (also known as cost shifting) presently costs Port Macquarie-Hastings Council and our community $16.123 million per annum - an average of $1,344,000 per month.

3.      Request the General Manager raise the issue of cost shifting at the December  2018 Mid North Coast Joint Organisation Board Meeting.

4.      Request that the General Manager raise the issue at 4 December 2018 meeting with the Treasurer and the Member for Port Macquarie, Ms Leslie Williams MP.

5.      Request the Communications Portfolio to discuss an appropriate media and  communications strategy with the primary objective of informing our community of this ongoing practice by higher levels of government and increasing the community’s understanding of how cost shifting negatively impacts Council’s ability to support existing services and new services alike.

6.      Note that a further report is due to the February 2019 Council Meeting on cost shifting as per the resolution of Council in September 2018.

7.      Request the General Manager write to:

(a)  The Member for Port Macquarie, Ms Leslie Williams MP;

(b)  The Member for Oxley, the Hon. Melinda Pavey MP;

(c)  The Member for Cowper, Mr Luke Hartsuyker MP;

(d)  The Member for Lyne, Dr David Gillespie MP

(e)  Local Government NSW

enclosing a full copy of this Financial Impact of cost shifting report and - importantly - request their active assistance in removing this financial burden on our community.

carried:      8/0

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

Against:       Nil

 

 

09.10  2018-2019 Operational Plan - Quarterly Progress Report as at 30 September 2018

RESOLVED:  Alley/Dixon

 

That Council note the 2018-2019 Operational Plan - Quarterly Progress Report as at 30 September 2018.

carried:      8/0

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

Against:       Nil

 

 

09.11  2017-2018 Annual Report

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Adopt the 2017-2018 Annual Report, comprising Parts A and B.

2.       Submit the adopted 2017-2018 Annual Report to the Minister for Local Government by 30 November 2018.

3.       Publish the adopted 2017-2018 Annual Report on Council's website and make copies of the report available at all Council Offices and Libraries.

4.       Note the distribution proposal for Part A Community Report Card 2017-2018.

 

carried:      8/0

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

Against:       Nil

 


 

09.12  Policy Review - Smoke Free Outdoor Areas Policy

RESOLVED:  Intemann/Dixon

That Council:

1.     Note the submissions received to the draft Smoke Free Outdoor Areas Policy received from public during exhibition period.

2.     Adopt the Smoke Free Outdoor Areas Policy.

carried:      8/0

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

Against:       Nil

 

 

09.13  Property Investment Portfolio - Six Monthly Report

RESOLVED:  Hawkins/Alley

 

That Council:

1.         Note the update provided on the Property Investment Portfolio as provided in this report.

2.         Request the General Manager to include relevant trend data and analysis in future reports.

carried:      8/0

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

Against:       Nil

 

 

09.14  Development Activity And Assessment System Performance

RESOLVED:  Griffiths/Intemann

 

That Council:

1.       Note the Development Activity and Assessment System Performance report for the first quarter of 2018-2019.

2.       Note the Clause 4.6 - Port Macquarie-Hastings Local Environmental Plan 2011 determinations that have been made under staff delegation.

 

carried:      8/0

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

Against:       Nil

 

 


 

 

10.01  Library Funding Cuts

Councillor Alley tabled a speech from the Hon Peter Primrose MLC (Shadow Minister for Local Govt) to the LGNSW Annual Conference on 23 October 2018 at the Albury Entertainment Centre.

 

MOTION

 

MOVED:  Alley/Cusato

 

That Council:

1.      Endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries.

2.      Note the announcement by the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23.

3.      Note the announcement from the NSW opposition on 26 March 2018 of $50m to increase library per-capita contribution from $1.85 to $3.70 and an additional $10.5m announced by the Shadow Minister for Local Government at the NSW Local Government Conference on 23 October 2018.

4.      Support the ongoing Renew Our Libraries initiative to secure the pledged funding, clarify the funding components and liaise with the government regarding the funding model.

5.      Endorse the distribution of the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative information in Council libraries, as well as involvement in any actions arising from the initiative.

6.      Formally advise the NSW Public Libraries Association and Local Government NSW that Council has endorsed the library funding advocacy initiative.

 

AMENDMENT

 

MOVED: Griffiths/Pinson

 

That Council:

1.      Endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries.

2.      Note the announcement by the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23.

3.      Note the announcement from the NSW opposition on 26 March 2018 of $50m to increase library per-capita contribution from $1.85 to $3.70 and an additional $10.5m announced by the Shadow Minister for Local Government at the NSW Local Government Conference on 23 October 2018.

4.      Support the ongoing Renew Our Libraries initiative to secure the pledged funding, clarify the funding components and liaise with the government regarding the funding model.

5.      Endorse the distribution of the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative information in Council libraries, as well as involvement in any actions arising from the initiative.

6.      Formally advise the NSW Public Libraries Association and Local Government NSW that Council has endorsed the library funding advocacy initiative.

7.       Request the General Manager review cost shifting in the library van service offered by Council and provide a briefing to Councillors.

 

THE AMENDMENT WAS PUT

 

MOVED: Griffiths/Pinson

 

That Council:

1.      Endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries.

2.      Note the announcement by the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23.

3.      Note the announcement from the NSW opposition on 26 March 2018 of $50m to increase library per-capita contribution from $1.85 to $3.70 and an additional $10.5m announced by the Shadow Minister for Local Government at the NSW Local Government Conference on 23 October 2018.

4.      Support the ongoing Renew Our Libraries initiative to secure the pledged funding, clarify the funding components and liaise with the government regarding the funding model.

5.      Endorse the distribution of the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative information in Council libraries, as well as involvement in any actions arising from the initiative.

6.      Formally advise the NSW Public Libraries Association and Local Government NSW that Council has endorsed the library funding advocacy initiative.

7.       Request the General Manager review cost shifting in the library van service offered by Council and provide a briefing to Councillors.

 

carried:      6/2

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

Against:       Alley and Cusato

 

THE AMENDMENT BECAME THE MOTION

 

RESOLVED:  Griffiths/Pinson

 

That Council:

1.      Endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries.

2.      Note the announcement by the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23.

3.      Note the announcement from the NSW opposition on 26 March 2018 of $50m to increase library per-capita contribution from $1.85 to $3.70 and an additional $10.5m announced by the Shadow Minister for Local Government at the NSW Local Government Conference on 23 October 2018.

4.      Support the ongoing Renew Our Libraries initiative to secure the pledged funding, clarify the funding components and liaise with the government regarding the funding model.

5.      Endorse the distribution of the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative information in Council libraries, as well as involvement in any actions arising from the initiative.

6.      Formally advise the NSW Public Libraries Association and Local Government NSW that Council has endorsed the library funding advocacy initiative.

7.       Request the General Manager review cost shifting in the library van service offered by Council and provide a briefing to Councillors.

carried:      8/0

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

Against:       Nil

 

 

10.02  2018-2019 Community Grant Projects for Endorsement

RESOLVED:  Intemann/Dixon

 

That Council, pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Community Grants 2018-2019 Round 1 for the total amount of $131,104 to the following:

 

Organisation Name                                   Project                                          Funding

 

General

Kendall Riding for the Disabled                 Generator                                        $2859

Mid North Coast Maritime Museum         New Fence                                    $6,870

Port Macquarie Museum                          Master Plan Upgrade                   $10,000

Lake Cathie Progress Association            New Website                                  $3,200

Hastings Valley Mountain Bikers              Park Entry Signage                       $2,245

Wauchope District Memorial

Hospital Volunteers                                   New Gazebo                                  $7,725

Wauchope Little Athletics                                                         Equipment Upgrades            $2,444

Mother's Day Classic Foundation             Charity Fun Run                            $3,000

Care Flight Limited                                                                    Care Flight Stretcher            $8,214

Marine Rescue Camden Haven               Base upgrade                               $10,000

Douglas Vale Conservation Group           Cellar Restoration                         $10,000

 

                                                                  Sub Total:                                     $66,557

 

Non-Council Owned Halls

 

Comboyne War Memorial Hall                 New Sound System                       $3,297

 

                                                                  Sub Total:                                      $3,297

 

Christmas & New Year’s Eve

Long Flat Public School  P&C                  Christmas Event                               $450

Beechwood Public School P&C               Christmas Event                            $2,957

Lake Cathie/Bonny Hills Lions Club          Christmas Event                            $2,530

Camden Haven Chamber of Commerce Christmas Event                            $5,000

Wauchope Chamber of Commerce         Christmas Event                            $5,000

 

                                                                  Sub Total:                                    $15,937

 

Environmental Grants

Port Macquarie Landcare                         Environmental Activities              $10,000

Friends of Kooloonbung Creek                 Environmental Activities                $5,000

Lake Cathie Landcare                               Environmental Activities                $1,000

                                                                 

                                                                  Sub Total:                                    $16,000

Band Grants

Port Macquarie Hastings

Municipal Band                                         Community Performances          $10,000

Camden Haven Community Band           Community Performances            $7,224

Hastings Koalas Orchestra                       Community Performances            $4,865

Hastings District Highland

Pipe Band                                                  Community Performances            $7,224

 

                                                                  Sub Total:                                    $29,313

 

                                                                  TOTAL:                                      $131,104

 

 

carried:      8/0

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

Against:       Nil

 

 

10.03  Recommended Items from the Mayor's Sporting Fund Sub-Committee - October 2018

RESOLVED:  Cusato/Pinson

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.         Grant Lleyton Wall the amount of $350.00 to assist with the expenses he will incur travelling to and competing at the Australian Junior Triathlon Series to take place at the Gold Coast, Canberra and Devonport from December 2018 through to March 2019.

carried:      8/0

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

Against:       Nil

 


 

10.04  Vince Inmon Sporting Complex - Master Plan Development

RESOLVED:  Alley/Dixon

 

That Council:

1.       Note the information contained in the Vince Inmon Sporting Complex – Master Plan Development Report.

2.       Request the General Manager to prioritise development of a Master Plan for Vince Inmon Sporting Complex.

3.       Request the General Manager to provide a report to the June 2019 Ordinary Council Meeting presenting the Draft Master Plan for Vince Inmon Sporting Complex.

carried:      8/0

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

Against:       Nil

 

 

11.01  NSW Crown Land Management Act 2016 - Nomination and Notification of Council's Native Title Manager

RESOLVED:  Levido/Griffiths

 

That Council:

1.       In accordance with Section 8.6 of the Crown Land Management Act 2016, nominate the Property and Leasing Coordinator as its Native Title Manager.

2.       In accordance with Section 8.8 of the Crown Land Management Act 2016, give written notice to the Minister for Lands and Forestry of the name and contact details of Council’s Native Title Manager.

3.       Request the General Manager write to the Minister for Lands and Forestry requesting that further Native Title Manager training be provided by the NSW Government as a matter of urgency.

carried:      8/0

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

Against:       Nil

 

 

11.02  Economic Development Strategy 2017-2021: Six Monthly Report on Progress

RESOLVED:  Hawkins/Cusato

 

That Council note the six monthly progress report on implementation of the 2017-2021 Port Macquarie-Hastings Economic Development Strategy.

carried:      8/0

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

Against:       Nil

 

11.03  Policy Review - Markets Policy - Post Public Exhibition

 

MOTION

 

MOVED:  Intemann/Alley

 

That Council:

1.         Note the submissions received during the Draft Markets Policy exhibition period.

2.         Adopt the exhibited Draft Markets Policy but amending the clause on Page 1 to read: “As a general guideline, in each of the Port Macquarie, Wauchope or Laurieton CBDs (see maps at Appendix A) in any week only one ‘regular’ market will be permitted from Monday to Friday, with a start time to be no earlier than 3pm, and one ‘regular’ market on the weekend (Saturday and Sunday inclusive, and with the Saturday start time to be no earlier than 12 noon). Competing applications will be considered on merit with pre-approved markets taking precedence. Regular markets involve four or more markets in one calendar year.”

3.         Include in the Markets Policy the changes proposed following exhibition, as identified under points 2-4 on Page 138 of the Agenda and detailed in Attachment 2.

4.         Request the General Manager provide a report to the December 2019 Council meeting on the local markets situation (regular, occasional, ancillary to another event) including the operation of the Markets Policy.

 

AMENDMENT

 

MOVED:  Griffiths/Hawkins

 

That Council:

1.       Note the submissions received during the Draft Markets Policy exhibition period.

2.       Adopt the exhibited Draft Markets Policy but amending the clause on Page 1 to read: “As a general guideline, in each of the Port Macquarie, Wauchope or Laurieton CBDs (see maps at Appendix A) in any week only one ‘regular’ market will be permitted from Monday to Friday, with a start time to be no earlier than 3pm, and one ‘regular’ market on the weekend (Saturday and Sunday inclusive, and with the Saturday start time to be no earlier than 12 noon). Competing applications will be considered on merit with pre-approved markets taking precedence. Regular markets involve four or more markets in one calendar year.”

3.       Include in the Markets Policy the changes proposed following exhibition, as identified under points 2-4 on Page 138 of the Agenda and detailed in Attachment 2.

4.       Request the General Manager provide a report to the December 2019 Council meeting on the local markets situation (regular, occasional, ancillary to another event) including the operation of the Markets Policy.

5.       Request the General Manager to give consideration to a suitable fee structure and report back through the Cultural & Economic Development Portfolio and include any fee structure developed to the December 2019 Annual Report to Council.

 

THE AMENDMENT WAS PUT

 

MOVED:  Griffiths/Hawkins

 

That Council:

1.       Note the submissions received during the Draft Markets Policy exhibition period.

2.       Adopt the exhibited Draft Markets Policy but amending the clause on Page 1 to read: “As a general guideline, in each of the Port Macquarie, Wauchope or Laurieton CBDs (see maps at Appendix A) in any week only one ‘regular’ market will be permitted from Monday to Friday, with a start time to be no earlier than 3pm, and one ‘regular’ market on the weekend (Saturday and Sunday inclusive, and with the Saturday start time to be no earlier than 12 noon). Competing applications will be considered on merit with pre-approved markets taking precedence. Regular markets involve four or more markets in one calendar year.”

3.       Include in the Markets Policy the changes proposed following exhibition, as identified under points 2-4 on Page 138 of the Agenda and detailed in Attachment 2.

4.       Request the General Manager provide a report to the December 2019 Council meeting on the local markets situation (regular, occasional, ancillary to another event) including the operation of the Markets Policy.

5.       Request the General Manager to give consideration to a suitable fee structure and report back through the Cultural & Economic Development Portfolio and include any fee structure developed to the December 2019 Annual Report to Council.

carried:      5/3

For:   Alley, Griffiths, Hawkins, Levido and Pinson

Against:       Cusato, Dixon and Intemann

 

THE AMENDMENT BECAME THE MOTION

 

RESOLVED:  Griffiths/Hawkins

 

That Council:

1.       Note the submissions received during the Draft Markets Policy exhibition period.

2.       Adopt the exhibited Draft Markets Policy but amending the clause on Page 1 to read: “As a general guideline, in each of the Port Macquarie, Wauchope or Laurieton CBDs (see maps at Appendix A) in any week only one ‘regular’ market will be permitted from Monday to Friday, with a set-up time to be no earlier than 3pm, and one ‘regular’ market on the weekend (Saturday and Sunday inclusive, and with the Saturday set-up time to be no earlier than 12 noon). Competing applications will be considered on merit with pre-approved markets taking precedence. Regular markets involve four or more markets in one calendar year.”

3.       Include in the Markets Policy the changes proposed following exhibition, as identified under points 2-4 on Page 138 of the Agenda and detailed in Attachment 2.

4.       Request the General Manager provide a report to the December 2019 Council meeting on the local markets situation (regular, occasional, ancillary to another event) including the operation of the Markets Policy.

5.       Request the General Manager to give consideration to a suitable fee structure and report back through the Cultural & Economic Development Portfolio and include any fee structure developed to the December 2019 Annual Report to Council.

carried:      8/0

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

Against:       Nil

 

 

11.04  Event Sponsorship Program Round 1, 2019 - Recommendations

RESOLVED:   Levido/Dixon

 

That Council, pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Event Sponsorship Program Round 1 2019 in the total amount of $20,000 to:

 

Event Name & Ranking

 

Sponsorship $ Recommended

1.   Fox Super Flow Mountain Bike Championships (Bonny Hills)

$5,000

2.   Seaview Classic Road Cycling Race (Port to Walcha)

$5,000

3.   Regional Dementia (RED) Conference (Port Macquarie)

$5,000

4.   Multisport Adventurethon (Laurieton)

 

$5,000

Total allocated this round

$20,000

 

 

 

carried:      8/0

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

Against:       Nil


 

 

11.05  The Health and Education Precinct Draft Master Plan

RESOLVED:  Cusato/Griffiths

 

That Council:

1.       Place the draft Health and Education Precinct Master Plan on public exhibition for an extended period from 26 November 2018 through to the 21 February 2019.

2.       Note a further report will be tabled at the April 2019 meeting of Council detailing the submissions received during the public exhibition period.

 

carried:      8/0

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

Against:       Nil

 

 

11.06  Policy Review - Alcohol Use on Public Reserves and Beaches Policy Review

RESOLVED:  Griffiths/Alley

That Council:

1.       Note the submissions received on the draft Alcohol Use on Public Reserves and Beaches Policy received from public during exhibition period. 

2.       Adopt the Draft Alcohol Use on Public Reserves and Beaches Policy.

carried:      8/0

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

Against:       Nil

 

 

12.01  Naming of a Private Right of Access - 210 North Branch Road, Upsalls Creek

RESOLVED:  Intemann/Hawkins

 

That Council name the right of access to land west of 210 North Branch Road at Upsalls Creek, “Malcolmvale Road (Private Access)”.

 

carried:      8/0

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

Against:       Nil

 


 

 

12.02  Closure of Part John Oxley Drive and Transfer of Former Highway Land, Thrumster

RESOLVED:  Levido/Intemann

 

That Council:

1.       Affix the Common Seal of Council to the survey plan of road closure.

2.       Pursuant to Section 377 of the Local Government Act 1993 delegate authority to the General Manager to execute, electronically or otherwise, all documents including but not limited to any authorisation form as required, associated with the road closure and subsequent transfer of the former highway land in accordance with the Electronic Transactions Act 2000.

carried:      8/0

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

Against:       Nil

 

 

12.03  Port Macquarie Town Centre - Pedestrian Facility Investigations

MOTION

 

MOVED:  Hawkins/Cusato

 

That Council:

1.       Partner with Roads and Maritime Services to implement a 40 km/h speed zone in the Port Macquarie town centre.

2.       Consider for inclusion in the Draft 2019/2020 Operational Plan, an allocation to construct the following treatments:

(a)     Pedestrian refuge on Hayward Street west of Horton Street.

(b)     Pedestrian refuge improvements at the intersection of Gordon Street and Hollingworth Street.

3.       Consider for inclusion in the Draft 2019/2020 Operational Plan, an allocation to undertake further design and community engagement work for a pedestrian refuge on Horton Street between Clarence Street and William Street.

 

AMENDMENT

 

MOVED:  Alley/Pinson

 

1.       Partner with Roads and Maritime Services to implement a 40 km/h speed zone in the Port Macquarie town centre.

2.       Consider for inclusion in the Draft 2019/2020 Operational Plan, an allocation to construct the following treatments:

(a)     Pedestrian crossing at Hayward Street east of Short Street.

(b)     Pedestrian refuge on Hayward Street west of Horton Street.

(c)     Pedestrian refuge improvements at the intersection of Gordon Street and Hollingworth Street.

 

3.       Consider for inclusion in the Draft 2019/2020 Operational Plan, an allocation to undertake further design and community engagement work for a pedestrian refuge on Horton Street between Clarence Street and William Street.

 

THE AMENDMENT WAS PUT

 

MOVED:  Alley/Pinson

 

1.       Partner with Roads and Maritime Services to implement a 40 km/h speed zone in the Port Macquarie town centre.

2.       Consider for inclusion in the Draft 2019/2020 Operational Plan, an allocation to construct the following treatments:

(a)     Pedestrian crossing at Hayward Street east of Short Street.

(b)     Pedestrian refuge on Hayward Street west of Horton Street.

(c)     Pedestrian refuge improvements at the intersection of Gordon Street and Hollingworth Street.

3.       Consider for inclusion in the Draft 2019/2020 Operational Plan, an allocation to undertake further design and community engagement work for a pedestrian refuge on Horton Street between Clarence Street and William Street.

lost: 3/5

For:   Alley, Dixon and Pinson

Against:       Cusato, Griffiths, Hawkins, Intemann and Levido

 

THE MOTION WAS PUT

 

RESOLVED:  Hawkins/Cusato

 

That Council:

1.       Partner with Roads and Maritime Services to implement a 40 km/h speed zone in the Port Macquarie town centre.

2.       Consider for inclusion in the Draft 2019/2020 Operational Plan, an allocation to construct the following treatments:

(a)     Pedestrian refuge on Hayward Street west of Horton Street.

(b)     Pedestrian refuge improvements at the intersection of Gordon Street and Hollingworth Street.

3.       Consider for inclusion in the Draft 2019/2020 Operational Plan, an allocation to undertake further design and community engagement work for a pedestrian refuge on Horton Street between Clarence Street and William Street.

 

carried:      8/0

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

Against:       Nil

 


 

12.04  Draft Unsealed Roads Policy - Post Public Exhibition

RESOLVED:  Griffiths/Intemann

 

That Council:

1.       Note the submissions made on the Draft Unsealed Roads Policy during the exhibition period.

2.       Adopt the Unsealed Roads Policy.

3.       Note the actions outstanding as listed in Point 3 of the Council Resolution from the 15 August 2018 meeting, will be reported back to Council in August 2019.

4.      Give consideration in the 2019-2020 budget to funding for gravel resheeting on unsealed roads.

carried:      7/1

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

Against:       Pinson

 

Item 12.05 - Draft Port Macquarie-Hastings Development Control Plan 2013 - Highways Gateway Sites - has been moved to another part of the document.

 

 

12.06  Long Term Energy 6 Month Update

RESOLVED:  Alley/Intemann

 

That Council:

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

2.       Noting the issues in addressing the current resolution, request the Planning, Environment and Sustainability Portfolio review the data required for future reports.

3.       Commit to the five Cities Power Partnership initiatives identified in the body of the report as part of Council’s membership with this free National program.

 

carried:      7/1

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

Against:       Cusato

 

Item 12.07 - Planning Proposal:  Lot 14, DP 240042, Pioneer Street, North Haven - has been moved to another part of the document.


 

 

12.08  NSW Government Approval of Port Macquarie-Hastings Urban Growth Management Strategy 2017-2036

RESOLVED:  Intemann/Dixon

 

That Council:

1.       Note the approval of the Port Macquarie-Hastings Urban Growth Management Strategy 2017-2036 by the NSW State Government.

2.       Formally publish the Port Macquarie-Hastings Urban Growth Management Strategy 2017-2036 on Council’s website and in print, including a copy of the State government approval.

carried:      8/0

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

Against:       Nil

 

 Item 12.09 - Airport Precinct Investigation Area - Site Selection for Proposed Business Park - has been moved to another part of the document.

 

12.10  DA2018 - 649.1 Alterations And Additions To A Dwelling Including A Clause 4.6 Variation To Clause 4.3 (Height Of Buildings) Of The Port Macquarie Hastings Local Environmental Plan 2011 - Lot 346 DP 236950, No. 14 Vendul Crescent, Port Macquarie

RESOLVED:  Griffiths/Hawkins

1.       That the Clause 4.6 Objection submitted with DA2018 – 649 be supported.

2.       That DA2018 – 649.1 for alterations and additions to a dwelling including Clause 4.6 variation to Clause 4.3 (height of buildings) of the Port Macquarie Hastings Local Environmental Plan 2011 at Lot 346 DP 236950, 14 Vendul Crescent, Port Macquarie, be determined by granting consent subject to the recommended conditions.

carried:      8/0

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

Against:       Nil

 


 

13       QUESTIONS FOR NEXT MEETING

 

 

 

13.01     Legal Advice on Water Fluoridation

Question from Councillor Intemann:

 

There continues to be community objection to the fluoridation of our public water supply and in April 2018, Council adopted a watching brief on the legal issues.

Specifically ‘Lusk v Tong and Commonwealth Ombudsman’ concerns the need for registration and licensing the manufacture of fluoridated water under the federal Therapeutic Goods Act 1989.

As fluoridated water is intended for consumption in preventing a disease or ailment in persons, namely tooth decay, it seems obvious that it should be defined as a therapeutic good under the Act, requiring registration. However the court finding has been delayed long past the time normally expected.

As Council adds fluoride under instruction from NSW Health, storing it in dams, and as fluoridated water seems obviously a therapeutic good, it would seem prudent to seek assurance from NSW Health that the NSW Government will indemnify or otherwise shield PMHC from prosecution under the Therapeutic Goods Act 1989 with respect to fluoridated water.

Could the General Manager please consider getting legal advice on these matters, with a response provided either now or back to the December Council meeting?

Comments by Councillor (if provided):

 

Nil.

 

The General Manager replied that he would get legal advice and report back to the February 2019 Council Meeting.

 

13.02     Councillor Portfolio System

Question from Mayor Pinson:

 

Can the General Manager please provide advice to the February 2019 Council Meeting on the resources required (and resultant cost to Council) to operate the Councillor Portfolio system and provide advice on outcomes achieved to-date from the Councillor Portfolio structure.

 

Comments by Councillor (if provided):

 

Nil.

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Dixon/Hawkins

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-18-44 Supply and Delivery of a Lift and Carry 4WD Crane

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.

Item 14.02 T-18-47 Laurieton Sewer Rising Main SPS No.1

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.

Item 14.03 T-18-53 Design and Construction of Underbores - Beechwood and Bonny Hills

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 Kew Sewage Treatment Plant Upgrade - Public Works Advisory Project Management Engagement

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-18-12 Provision of Dredging Services -  Settlement Shores Estate Canal Maintenance Dredging (Part B)

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.

Item 14.06 T-18-36 Port Macquarie Town Square Shade Structures

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.

 

Item 14.07 T-18-39 Collection, Sorting and Removal of Ferrous and Non-Ferrous Scrap Metal and Used Lead Acid Batteries (ULAB)

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.

Item 14.08 T-18-40 Pressure Cleaning of Street Litter Bins

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.

Item 14.09 T-18-43 Orbital Road Communications Strategy and Community Engagement

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.

Item 14.10 T-18-24 Sports Field Lighting Installation Program Part A: Wayne Richards Park Hockey Precinct & Part B: Regional Sports Stadium

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 Cairncross Materials Recovery Facility (MRF) Contract Variation

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.

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:      8/0

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

Against:       Nil

 

 

Adjourn Meeting

The Ordinary Council Meeting adjourned at 9.34pm.

 

 

Resume Meeting

The Ordinary Council Meeting resumed at 9.45pm.

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Alley/Dixon

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

Item 14.01 T-18-44 Supply and Delivery of a Lift and Carry 4WD Crane

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:

1.    Accept the tender from Terex Australia Pty Ltd for $336,950 (exclusive of GST) for the supply and delivery of a Lift and Carry 4WD Crane.

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

3.    Maintain the confidentiality of the documents and considerations in respect of Tender T-18-44.

 

Item 14.02 T-18-47 Laurieton Sewer Rising Main SPS No.1

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:

1.    Accept the tender from Coffs Harbour City Council t/as Coastal Works for $747,695 (exclusive of GST) for the construction of the Sewer Rising Main from Laurieton SPS No.1 to Dunbogan Bridge.

2.    Accept the Schedule of Rates from Coffs Harbour City Council t/as Coastal Works for construction of the Sewer Rising Main from Laurieton SPS No.1 to Dunbogan Bridge.

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

4.    Maintain the confidentiality of the documents and consideration in respect of Tender T-18-47.

 

 

Item 14.03 T-18-53 Design and Construction of Underbores - Beechwood and Bonny Hills

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.    In accordance with the Local Government (General) Regulations 2005 clause 178 (1) (b), decline to accept any of the tender submitted for Design and Construction of Underbores – Beechwood and Bonny Hills due to the inability to determine value for money.

2.    In accordance with the Local Government (General Regulations) 2005 clause 178 (3) (e) decline to invite fresh tenders and enter into negotiations with the following contractors (listed in alphabetical order) with a view to entering into a contract for the Design and Construction of Underbores – Beechwood and Bonny Hills.

(a)   Codmah Pty Ltd

(b)   Eire Constructions Pty Ltd

(c)   Ledonne Constructions Pty Ltd

(d)   Midcoast Under Road Boring Pty Ltd

3.    Maintain the confidentiality of the documents and considerations in respect of tender T-18-53.

4.    Request the General Manager present a further report to a future meeting of Council on completion of the negotiation process, for Council’s further consideration of Tender T-18-53 based on the outcome of the negotiations and confirming value for money.

 

Item 14.04 Kew Sewage Treatment Plant Upgrade - Public Works Advisory Project Management Engagement

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 from the Public Works Advisory of $1,219,295 (exclusive of GST) to complete the Design and Construction Project Management of the delivery of the Kew Sewage Treatment Plant.

2.    Pursuant to Section 55 (3) (b) of the Local Government Act 1993, resolve to not invite tenders for the Design and Construction Project Management of the delivery of the Kew Sewage Treatment Plant.

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

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

5.    Maintain the confidentiality of the documents and considerations in respect of the Kew Sewage Treatment Plant Public Works Advisory Project Management Engagement.

Item 14.05 T-18-12 Provision of Dredging Services -  Settlement Shores Estate Canal Maintenance Dredging (Part B)

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:

1.    Note the options presented within this report regarding maintenance dredging for the Settlement Shores Estate canals.

2.    Accept the quotation from Birdon Pty Ltd for $780,863.00 (exclusive of GST) (Option A) to undertake maintenance dredging of the Settlement Shores Estate canal system.

3.    Accept the Schedule of Rates from Birdon Pty Ltd for variation to the project.

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

5.    Maintain the confidentiality of the documents and considerations in respect of Tender T-18-12.

Item 14.06 T-18-36 Port Macquarie Town Square Shade Structures

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:

1.       Accept the alternative tender from AMAC Holdings Pty Ltd t/as Alfresco Shade for $186,800.00 (exclusive of GST) for the supply and installation of shade structures for the Town Square in Port Macquarie.

2.       Accept the Schedule of Rates from AMAC Holdings Pty Ltd t/as Alfresco Shade for the supply and installation of shade structures for the Town Square in Port Macquarie.

3.       Increase the project budget through journals from existing budget allocations as detailed within the report.

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

5.    Maintain the confidentiality of the documents and consideration in respect of Tender T-18-36.

 

Item 14.07 T-18-39 Collection, Sorting and Removal of Ferrous and Non-Ferrous Scrap Metal and Used Lead Acid Batteries (ULAB)

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:

1.    Accept the tender from Sims Group Australia Holdings Limited t/as Sims Metal Management for the Collection, Sorting and Removal of Ferrous and Non-Ferrous Scrap Metal and Used Lead Acid Batteries (ULAB) for a two year period commencing 1 December 2018, with two options to extend for a further one year period, such option to be for the benefit of the Council and may be exercised only by the Council in its sole discretion.

2.    Accept the Schedule of Rates from Sims Group Australia Holdings Limited t/as Sims Metal Management for the Collection, Sorting and Removal of Ferrous and Non-Ferrous Scrap Metal and Used Lead Acid Batteries (ULAB).

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

4.    Maintain the confidentiality of the documents and considerations in respect of Tender T-18-39.

 

Item 14.08 T-18-40 Pressure Cleaning of Street Litter Bins

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:

1.    Accept the tender from Glen & Cathy Barnett t/as B&B Wheelie Bin Wash for the provision of Pressure Cleaning of Street Litter Bins for a three year period commencing 1 December 2018, with two options to extend for a further one year period, such options to be for the benefit of the Council and may be exercised only by the Council in its sole discretion.

2.    Accept the Schedule of Rates from Glen & Cathy Barnett t/as B&B Wheelie Bin Wash for the provision of Pressure Cleaning of Street Litter Bins.

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

4.    Maintain the confidentiality of the documents and considerations in respect of Tender T-18-40.

 

Item 14.09 T-18-43 Orbital Road Communications Strategy and Community Engagement

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:

1.    Accept the quote from RPS Manidis Roberts Pty Ltd trading as Straight Talk for Phase 2 of the Orbital Road Communications Strategy and Community Engagement project for $106,525.00 (inclusive of Project Management Fees- exclusive of GST).

2.    Note that the total cost  for engaging RPS Manidis Roberts Pty Ltd trading as Straight Talk for the Orbital Road Communications Strategy and Community Engagement project(Phase 1 and Phase 2) will total $181,275.00  (inclusive of Project Management Fees- exclusive of GST).

3.    Pursuant to Section 55 (3) (a) of the Local Government Act 1993, resolve to not invite tenders for the Orbital Road Communications Strategy and Community Engagement project.

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

5.    Maintain the confidentiality of the documents and consideration in respect of Tender T-18-43.

6.    Request the General Manager to commence community and stakeholder engagement on the viable route options for the Orbital Road.

7.    Request the General Manager to actively seek external funding for preconstruction activities required to progress the planning for the Orbital Road.

 

Item 14.10 T-18-24 Sports Field Lighting Installation Program Part A: Wayne Richards Park Hockey Precinct & Part B: Regional Sports Stadium

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 Rees Electrical Pty Ltd for $200,300 (exclusive of GST) for Sports Field Lighting Installation Program Part A Wayne Richards Park Hockey Precinct.

2.    Accept the tender from Rees Electrical Pty Ltd for $113,000 (exclusive of GST) for Sports Field Lighting Installation Program Part B Port Macquarie Regional Sports Stadium.

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

4.    Maintain the confidentiality of the documents and consideration in respect of Tender T-18-24.

5.    Increase the project budget associated with Sports Field Lighting Installation Program Part A Wayne Richards Park Hockey Precinct as outlined in the Financial and Economic Implications section of this report.

 

Item 14.11 Cairncross Materials Recovery Facility (MRF) Contract Variation

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.    Endorse the ‘In Principle’ agreement between JR Richards and Council which seeks to:

(a)   Extend the Material Recovery Facility (MRF) contract for a further two years to 2022.

(b)    Extend the waste collection contract for a further two years to 2026

(c)    Share equally the increased costs of MRF processing due to the China National Sword Policy.

(d)    Share equally in the revenue generated through the Container Deposit Scheme (CDS) for the duration of the MRF contract.

2.    Authorise the General Manager to finalise the CDS refund sharing agreement.

3.    Authorise the General Manager to register the signed CDS refund sharing agreement and accompanying documentation with the NSW State government by 1 December 2018.

4.    Authorise the General Manager to affix the Council Seal to any necessary documents.

 

 

The meeting closed at 9.46pm.

 

 

 

 

………………………………………..

Peta Pinson

Mayor

 

 

   


AGENDA                                                                                Ordinary Council      12/12/2018

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      12/12/2018

 

 

Item:          06.01

 

Subject:     MAyORAL Minute - Mayoral Discretionary Fund Allocations

Mayor, Peta Pinson

 

 

 

 

 

RECOMMENDATION

 

That the Mayoral Discretionary Fund allocations for the period 8 to 28 November 2018 inclusive be noted.

 

Discussion

 

Mayoral Discretionary Fund Allocations

 

The Mayor made the following allocations from the Mayoral Discretionary Fund for the period 8 to 28 November 2018 inclusive:

 

Donation to Camden Haven Community at 3

$200.00

Gold Sponsorship for 2019 Hastings Education Fund

$1,000.00

Sponsorship of 2019 One Act Play Festival

$550.00

Floral Bouquet for Centenarian Rosa Belcher

$15.00

Donation to PMQ Salvation Army on behalf of Centenarian Rosa Belcher

$100.00

Remembrance Day Wreath for PMQ-Hastings Pipe Band Memorial Service

$85.00

Donation to PMQ TAFE Movember Fundraiser

$200.00

Donation to Wauchope-Bonny Hills SLSC for Carols on the Grass

$500.00

 

 

 

$2,650.00

 

Attachments

 

Nil

  

 


AGENDA                                                                                Ordinary Council      12/12/2018

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

That Council determine that the attachment to Item Numbers 09.03, 09.07, 09.10, 12.04   be considered as confidential, in accordance with Section 11(3) of the Local Government Act.

Discussion

The following confidential attachments have been submitted to the Ordinary Council Meeting:

 

Item No:                                 09.03

Subject:                                 Why Local Government Matters

Attachment Description:     UTS Proposal – Why Local Government Matters – November 2018

Confidential Reason:           Relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993 - Section 10A(2)(d)(i)).

 

Item No:                                 09.07

Subject:                                 2020 Ordinary Local Government Election

Attachment Description:     2020 Ordinary Local Government Election Pricing

Confidential Reason:           Relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993 - Section 10A(2)(d)(i)).

 

Item No:                                 09.10

Subject:                                 Draft Investment Policy

Attachment Description:     Imperium Markets Presentation

Confidential Reason:           Relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993 - Section 10A(2)(d)(i)).

 

Item No:                                 12.04

Subject:                                 Land Acquisition – 921 Hastings River Drive, Pembrooke

Attachment Description:     Previous Confidential Report to Council 15 November 2017 regarding proposed acquisition

Confidential Reason:           Relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993 - Section 10A(2)(d)(i)).

 


AGENDA                                                                                Ordinary Council      12/12/2018

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

12/12/2018









 

 

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

12/12/2018

 

 

Item:          09.01

 

Subject:     Councillor Portfolio Protocol - Revised

Presented by:  General Manager, Craig Swift-McNair

 

 

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 adopt the revised Councillor Portfolio Protocol.

 

Executive Summary

 

The purpose of this report is to table a revised Councillor Portfolio Protocol for consideration by Council, as per a previous resolution of Council from the 21 November 2018 Council meeting.

 

Discussion

 

In December 2012, Councillors established the Councillor Portfolio system, as a way to achieve better engagement processes between Councillors and Council staff on a range of topics and issues. In the years since 2012, there have been several Council resolutions relating to the Councillor Portfolios, namely the establishment of the Portfolios, changes to the names and allocation of Councillors to particular Portfolios and the establishment of a Councillor Portfolio protocol. A copy of all the Council resolutions relating to Councillor Portfolios can be found in the attachment to this report titled ‘Councillor Portfolio Resolutions 2012-2018.’

At the 21 November 2018 Council meeting, Deputy Mayor Intemann moved the following Notice of Motion (NOM):

Item 09.03 NOTICE OF MOTION - COUNCILLOR PORTFOLIO PROTOCOL

RESOLVED: Intemann/Alley

That Council:

1. Request the General Manager amend the Councillor Portfolio Protocol to remove participation by the Mayor, as per the Mayor’s recent request.

2. Request the General Manager table the amended Councillor Portfolio Protocol at the December 2018 Ordinary Council Meeting for consideration.

CARRIED: 7/1

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

AGAINST: Griffiths

 

In light of the above NOM, the Councillor Portfolio protocol has now been updated to remove participation by the Mayor and whilst reviewing the protocol, the opportunity has been taken to make several other changes to the protocol with the input of Councillors. A copy of the revised draft Councillor Portfolio protocol is attached to this report, as well as a copy of the most recently adopted Councillor Portfolio protocol (October 2017), for comparative purposes.

The key changes to the revised protocol are as follows:

Protocol Statement & Scope:

-     An updated purpose for the Councillor Portfolios has been included as follows and is shown following underlined:

 

In adopting this Councillor Portfolio protocol, Council accepts that the main role of Portfolio Councillors is to achieve better engagement processes between Councillors and staff, better information flow and transparency, and ultimately better decision-making, and not to be involved in the day to day operation of the Portfolio or the organisation, in line with the Local Government Act 1993.

-     The order of the list of points included under this section of the protocol has been changed, with the addition of the following words shown underlined below:

 

b) Be informed on the progress of issues within the Portfolio area, update other Portfolio Councillors and generally champion the advancement of Councils key priorities and decisions relevant to the Portfolio area.

c) Provide enhanced guidance and direction to Council and the organisation through participation, discussion and debate at meetings and especially at formal meetings of Council.

e) Participate in and where appropriate in consultation with the Mayor and / or General Manager, lead any Council working groups or informal meetings in relation to the relevant Portfolio issues.

-     The points listed under ‘The benefits of the Portfolio Structure are that:’ have been reordered and in one case reworded as shown below and underlined:

 

-     Portfolio Councillors will be able to provide their views and the views of Council regarding certain issues so that it will assist Directors in understanding the Council’s preferences and direction.

 

-     Portfolio Councillors can create more efficient teamwork and collaboration as a group, sharing up-to-date information and the technical detail of important issues, leveraging personal expertise, building mutual trust and confidence, resulting in sounder decisions and governance.

 

-     Portfolio Councillors can utilise their time better whilst ensuring Council has at its disposal all relevant information for making decisions.

 

-     Portfolio Councillors will be able to speak with informed knowledge of their Portfolio at Council Meetings and publicly if requested to by the Mayor or General Manager.

 

Responsibilities & Authorities:

There have been some amended and additional words listed under this section, with the changes shown below and underlined:

-     Taking a particular interest and leadership position in the subject for which they hold the Portfolio and are to familiarise themselves with Council business within the area of the Portfolio, relevant community concerns, media articles and publications about the subject matter;

 

-     Speaking to any relevant reports tabled at Council meetings and providing verbal updates to Councillor briefings or workshops as required in conjunction with the relevant Director; working constructively with the relevant Director during and outside Portfolio meetings without directing staff;

 

-     Providing updates on their Portfolio to other Portfolio Councillors at Portfolio Reporting Meetings, held monthly or as agreed. Those meetings will generally be chaired by the Mayor or Deputy Mayor, or in their absence as agreed by those present.

 

The list of Councillors allocated to each Portfolio has also been updated to reflect the fact that the Deputy Mayor is now the Chair of the Communication, Governance & Community Relations Portfolio, noting that the membership of all other Portfolios has remained the same.

As noted earlier in this report, attached to this report is a copy of all the Council resolutions relating to Councillor Portfolios, since their establishment. This list will be maintained as an attachment to the Councillor Portfolio protocol, meaning that into the future whenever there are resolutions of Council relating to the Councillor Portfolios, these will be added to this attachment.

Options

 

Council can resolve to adopt the recommendation included in this report, or resolve in some other manner.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to this report. Internal consultation has taken place with the Councillors.

 

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. Councillor Portfolio Resolutions 2012-2018

2View. Councillor Portfolio Protocol - Revised Draft - December 2018

3View. Councillor Portfolio Protocol - adopted 2017 10 18

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.02

 

Subject:     2018 Local Government NSW Annual Conference

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.2.1 Promote Council participation and build linkages in local, state and federal initiatives, forums and opportunities to support Council’s continued planning for the growth of the region.

 

 

 

RECOMMENDATION

 

That Council note the information contained in the 2018 Local Government NSW Annual Conference report.

 

Executive Summary

 

The 2018 Local Government NSW (LGNSW) Annual Conference was held in Albury from 21 to 23 October 2018. As per a previous resolution of Council, Mayor Peta Pinson, Councillors Peter Alley and Sharon Griffiths attended the conference, as well as the General Manager.

 

The purpose of this report is to provide an overview of the annual conference.

 

Discussion

 

At the Ordinary Council Meeting held on 20 June 2018, Council resolved the following:

 

09.01 2018 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE

 

RESOLVED: Intemann/Pinson

 

That Council:

 

1. Grant approval for Mayor Peta Pinson, Councillor Peter Alley and Councillor Sharon Griffiths to attend the 2018 Local Government NSW Annual Conference to be held in Albury from 21 to 23 October 2018.

 

2. Determine that Mayor Peta Pinson, Councillor Peter Alley and Councillor Sharon Griffiths be Council’s voting delegates at the Conference.

 

CARRIED: 8/0

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

AGAINST: Nil

 

As per Council’s “Payment of Expenses and Provision of Facilities to Councillors” Policy, a Councillor may nominate or be nominated to attend conferences, seminars, or similar functions. Mayor Pinson and Councillors Peter Alley and Sharon Griffiths indicated their interest in attending the 2018 Local Government NSW Conference. 

 

In line with the above Council resolutions, Mayor Peta Pinson, Councillors Peter Alley, Sharon Griffiths and the General Manager attended the annual LGNSW conference, held at the Albury Entertainment Centre.

 

The Local Government NSW Annual Conference is the signature event of the year for all NSW Councils and provides a forum in which to debate important issues pertinent to our local communities. It also provides the opportunity to hear from State Government leaders, business representatives, community groups and academics. This year there were approximately 850 delegates in attendance at the conference. A copy of the conference program is attached for your information.

 

Apart from being a conference with a range of speakers on various issues, the conference is also the policy making conference for LGNSW and as such involves voting on a series of motions. The Mayor and Councillors in attendance at the conference were Council’s voting delegates for the motions put forward at the conference. More information on this can be found further in this report.

 

On Sunday 21 October, the General Manager was a speaker at a conference session titled AR Bluett Award Winning Councils in 2016 & 2017. This presentation was from the past two years winners of the Bluett Award in both the Rural category and City and Regional category, noting that Port Macquarie-Hastings Council was the winner of the City and Regional category in 2017.

 

On Sunday 21 October, the Mayor and Councillor Peter Alley attended two consecutive sessions for elected members, being ‘Elected Members: Update on Legal Responsibilities’ and ‘Elected Members: Developing Capabilities.’ It should be noted that Councillor Griffiths arrived in Albury on the evening of 21 October, so was unable to attend the two above-mentioned sessions.

 

The formal conference commenced on Monday 22 October. The opening address was by the President of LGNSW, Councillor Linda Scott, who discussed the challenges facing local government in NSW and the work that LGNSW has been doing on behalf of their members, being the majority of NSW Councils.

 

Following the above address, the official State Conference was opened, where voting delegates commenced giving consideration to and voting on approximately 100 motions put forward to the conference by a range of Councils. Voting on these motions ran for the majority of the day. A copy of the voting decisions to come from this part of the conference is attached for information. Whilst the full list of decisions is available in the above-mentioned attachment, some of the issues covered by the conference motions were as follows:

 

-     Drought related issues

-     Fuel excise levy

-     Requests for the release of the IPART Review of Local Government Rating System that is currently sitting with the NSW government

-     Crown Land Management Act issues

-     Planning related recommendations

-     Snowy Hydro funding

-     Waste related issues

-     Web casting of Council meetings

 

Decisions made at the conference will now be developed into LGNSW policy for future work and advocacy.

 

During the afternoon of Monday 21 October, the Minister for Local Government, The Hon Gabrielle Upton MP attended the conference and gave a wide-ranging speech on local government and then took questions from the floor.

 

The formal conference dinner was held on the evening of Monday 22 October, with a range of speeches given and the winners of the AR Bluett Award for 2018 were announced. This year’s winners of the Bluett Award were Fairfield City Council in the City and Regional category and Narrabri Shire Council in the Rural category.

 

On Tuesday 23 October, the Mayor and Councillor Griffiths attended the Australian Local Government Women’s Association (ALGWA) breakfast, with guest speaker being Ms Sarah Garnett, Founder of The Footpath Library. On this same morning the General Manager represented Council at a breakfast meeting of the newly formed Regional Cities NSW (RCNSW) group. The purpose of this meeting was to discuss next steps with regards to the development of a draft Memorandum of Understanding (MOU) between RCNSW and the NSW government.

 

For the conference sessions on Tuesday 23 October, Ellen Fanning was Master of Ceremonies and the first speech of the day was from Mr David O’Loughlin, President of the Australian Local Government Association (ALGA), who spoke about the importance of the role of local government and the work the ALGA are involved with. This was followed by a brief presentation from the Small Business Commissioner Robyn Hobbs OAM. Mr Stephen Jones MP, Federal Shadow Minister for Local Government then spoke to the conference via video link about a range of issues.

 

The afternoon of Tuesday 23 October saw a range of presentations around Smart Places, including information around smart cities and towns, how to use data in a smart way and how to implement smart strategies to give residents better options. This part of the conference included three speakers on the above topics with a range of presentations provided to the conference.

 

The above presentations were followed by a speech by the Hon. Peter Primrose MLC, Shadow Minister for Local Government. This speech covered issues such as Council amalgamations, developing a Memorandum of Understanding between local government and a Labor government (if indeed they are elected to office at the next NSW State election), Joint Organisations and financial pressures on Councils.

 

Craig Reucassel from the television show ‘War on Waste’ then presented to the conference on the topic of ‘Waste: Crisis or Opportunity’. This focussed on the challenges of waste management and on some of the issues he has found across Australia during the making of the show. This was followed by the launch of a new campaign by LGNSW titled ‘Save our Recycling’. The aim of this campaign is to solve the worsening recycling and waste crisis, at no extra cost to taxpayers. The campaign calls on the State government to re-invest the entire $727 million it collects from the waste levy each year in waste management and recycling, noting that according to LGNSW, it is critical that NSW develops its on-shore processing capacity for recycled materials, rather than shipping waste to countries such as China.

 

The final session of the conference was called ‘Last Man Standing’, presented by four-time Olympian Steven Bradbury OAM, which was a look across his career, the highs and lows and the winning of the gold medal for the 1000 metre speed skating event at the 2002 Winter Olympics.

 

A trade exhibition also took place for the duration of the conference, with a large range of service providers on show from legal service providers, to heavy equipment suppliers, as well as the Office of Local Government and other government agencies. The conference also allowed time for networking with other Councils across NSW.

 

As noted above, the 2018 LGNSW Annual Conference was held in Albury and was hosted by Albury City Council. Congratulations must go to Albury City Council and LGNSW for a well-run and professional event, which highlighted Albury as a vibrant regional city.

 

For information, the 2019 LGNSW Annual Conference will be held in Liverpool, Sydney from 13-16 October 2019.

 

Options

 

This report is for noting only.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to this report. Consultation has taken place with the Mayor, Councillor Sharon Griffiths and Councillor Peter Alley in relation to this report.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The 2018-2019 budget contains an allocation for expenses pertaining to conferences and out-of-pocket expenses for Councillors. The attendance by Councillors at the Conference has been funded from within the existing budget allocation. The total cost of attendance at the conference for the Mayor, Councillors Alley and Griffiths and the General Manager was $9886.35. This includes conference registrations, accommodation, travel and out-of-pocket expenses as allowed for under the Policy.

 

Attachments

 

1View. Local Government NSW 2018 Annual Conference Program

2View. Record of Decisions - 2018 LGNSW Annual Conference

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.03

 

Subject:     Why Local Government Matters

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.1.1 Use a variety of tools to engage with the community in a manner that is transparent, effective, relevant and inclusive.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information included in this Why Local Government Matters report.

2.       Allocate $14,000 from the reserve containing the remaining funding from the Mid North Coast Regional Organisation of Councils (MIDROC), (as the result of Council’s July 2018 resignation from MIDROC), as the Port Macquarie-Hastings Council contribution to the Mid North Coast Joint Organisation Why Local Government Matters report.

3.       Request the General Manager table a further report to Council upon completion of the Why Local Government Matters project.

 

 

Executive Summary

 

At the Mid North Coast Joint Organisation (MNCJO) Board meeting held on 5 December 2018, the Board considered a report on the MNCJO establishing a project to ‘localise’ an earlier piece of work done by the University of Technology Sydney (UTS) titled Why Local Government Matters (WLGM). This earlier work was originally completed by the UTS in 2015 and is a major piece of social research on community attitudes to local government. The research aims to better understand how and why the activities of local governments and their roles in society are valued by communities.

 

The purpose of this report is to detail information in relation to the above-mentioned proposed MNCJO project around localising the WLGM report for the MNCJO member Councils.

 

Discussion

 

At the 5 October 2018 MNCJO Board meeting, the following was resolved:

 

Item:                      7.7

Subject:                WHY LOCAL GOVERNMENT MATTERS

 

RESOLVED: King / Pinson

 

That the MNCJO Board:

1.     Note the ‘Why Government Matters’ report by the Australian Centre of Excellence for Local Government;

2.     Request the General Managers Advisory Committee give consideration to how the content of the ‘Why Government Local Matters’ report might provide assistance to the MNCJO into the future, or a tailored version of this report for the MNCJO;

3.     Request the Executive Officer provide an update report to the December 2018 MNCJO Board meeting on the ‘Why Local Government Matters’ report.

 

CARRIED:             3/0

FOR:                       King, Pinson, Campbell

AGAINST:              Nil

 

As per the MNCJO Board resolution No.2 above, the General Managers Advisory Committee (GMAC) considered this issue further at its meeting held on 16 November 2018. As an outcome of that meeting, the General Manager, Bellingen Shire Council made contact with the UTS to gain an understanding of how the UTS might best be able to ‘localise’ the WLGM report for the benefit of the MNCJO member Councils.

 

As noted above, the MNCJO Board considered a further report on this at the 5 December 2018 Board meeting, however at the time of writing this report, any resolution from the MNCJO Board meeting was not known simply due to the timing of the Board meeting and finalisation of this report to Council. For completeness, the General Manager will table any relevant MNCJO Board resolution on this subject at this Council meeting. This report has been written with the assumption that the MNCJO Board will resolve to refer this project to member Councils for consideration.

 

Following is information relating to the proposal from the UTS in relation to WLGM, as included in the agenda for the 5 December 2018 MNCJO Board meeting.

 

As noted above, WLGM is a major piece of social research on community attitudes to local government by the UTS. The research aims to better understand how and why the activities of local governments and their roles in society are valued by communities. The research investigates:

 

-      What does place mean to people?

-      The role of government.

-      How do people want their services delivered?

-      How do people want to be involved in government?

-      What do people think about local government?

-      How do people's personal characteristics and values impact on their responses?

 

The report is important for Australian local government and other tiers of government, organisations and agencies that work closely with Councils. The results are also invaluable for broader debates about reform of the sector and immediate local-level issues such as service delivery, community participation in Council decision-making, financial sustainability and the wellbeing of local government areas.

 

A summary report on this major research piece is included as an attachment to this report, titled Why Local Government Matters Summary Report.

 

A proposal has been received by the MNCJO from the UTS, which can be found as a confidential attachment to this report, titled UTS Proposal – Why Local Government Matters – November 2018. This attachment contains information that relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993 - Section 10A(2)(d)(i)).

 

In summary, the proposal is as follows:

 

-    WLGM will establish baseline data to track how communities across the region view the outcomes achieved through collaboration. The effectiveness of regional collaboration in achieving the MNCJO’s strategic objectives can then be assessed by comparing how community views about policy outcomes change. This vital performance information can be used to identify areas for continuous improvement in policy and practice or new strategic priorities and communicate the success of Council to communities, stakeholders and the NSW Government.

-    WLGM is also valuable for each member Council of the MNCJO in that it will track how local communities view the outcomes achieved by their Council and the individual strengths of each Council by looking at the outcomes where each performs strongly. It will highlight what is working well, where Councils could learn good practice from across the region, and areas for continuous improvement in policy and practice or new strategic priorities.

 

-    Undertaking a local version of the WLGM will also assist in the development of revised Community Strategic Plans (CSP), a review of which will be required in 2020, in line with the next local government elections. This insight can provide the foundation for this next round of community engagement that Council will be required to undertake.

 

-    The survey instrument to be used in this research will build on the national WLGM survey to ensure the data generated enables Council and the MNCJO to understand how the region compares to other communities and the Australian population as a whole. UTS will also ensure a sample size that allows comparison between the individual communities that make up the MNCJO region.

-    Research instruments to be used include a 10-minute phone survey of 600 residents, (and an additional five questions to test regional/local issues), three focus groups (one for each LGA) and detailed reporting.

Given that the outputs and benefits from undertaking this work would accrue to both the MNCJO and to the three member Councils, the proposal put to the MNCJO Board at its meeting of 5 December 2018, was that the MNCJO fund 50% of the cost of this project, with the remaining 50% contributed by the three member Councils, on the basis that the benefits will also accrue to the individual member Councils. It is due to this potential split of costs that Recommendation 2 of this report requests Council allocate funding to cover this Council’s contribution to this work.

 

Options

 

Council can resolve to adopt the recommendations as included in this report or resolve in some other manner.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to this report. Internal consultation has been undertaken with the MNCJO and Councils Directors and General Manager.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report. However undertaking a project such as WLGM will contribute towards the community engagement for the revised Community Strategic Plan that is required (under legislation) to be reviewed in 2020-2021.

 

Financial & Economic Implications

 

The financial implications of this report relate to Recommendation 2 included in this report, where it is recommended that Council allocate $14,000 from the remaining funds left from Councils previous membership of the Mid North Coast Regional Organisation of Councils (MIDROC), to contribute to this project.

 

Following Councils resignation from MIDROC in July 2018, a reconciliation was undertaken of the MIDROC financials and this Council has received its allocation from the remaining MIDROC funds of $41,792.44. It is these funds that have been placed in a Council financial reserve for use as Council sees fit.

 

For further information around these remaining MIDROC funds, at the 19 September 2018 Council meeting, Council resolved in part to allocate $5,000 for membership of Regional Cities NSW (RCNSW) from 1 January 2019 to 30 June 2019 from the reserve containing the remaining funding from MIDROC. Therefore if Council resolves to fund the $14,000 for the WLGM project as detailed in this report and post the payment of the RCNSW funding as detailed above, the remaining MIDROC funds will be $22,792.44.

 

Attachments

 

1View. Why Local Government Matters Summary Report

2View. Confidential:  UTS Proposal - Why Local Government Matters - November 2018 (Confidential)

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.04

 

Subject:     Question From Previous Meeting - Councillor Portfolio System

Presented by:  General Manager, Craig Swift-McNair

 

 

 

 

 

RECOMMENDATION

 

That Council note the response from the General Manager in relation to providing a response to the February 2019 Council meeting on the Councillor Portfolio system.

 

Question from Mayor Pinson:

 

Can the General Manager please provide advice to the February 2019 Council Meeting on the resources required (and resultant cost to Council) to operate the Councillor Portfolio system and provide advice on outcomes achieved to-date from the Councillor Portfolio structure.

 

Comments by Councillor (if provided):

 

Nil.

 

Response

 

As responded to verbally by the General Manager at the 21 November 2018 Council meeting in response to the above Question for Next Meeting (QFNM), the General Manager will table a full response to this QFNM at the February 2019 Council Meeting, detailing the resources required and the resultant cost to Council to operate the Councillor Portfolio system. Also included in the response will be information around outcomes achieved to-date from the Councillor Portfolios.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.05

 

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

Date & Item
of
Resolution

Status

Reporting Officer

Previous Anticipated Date/s for Report

Current Anticipated
Date for
Report

Deferral of Strata Development Contributions Scheme, report post detailed review of existing scheme and addressing but not limited to the funding shortfall in administration costs currently identified

20/06/18
Item 12.06

Data gathering still in progress.

DSG

 

Dec-18

Wrights Creek Flood Study Update 2018 Report  - post exhibition

19/09/18
Item 12.09

Deferred at the request of Councillors to be presented with the Hastings River Flood Study.

DDE

Nov-18

Dec-18

Policy Review - Public Interest Disclosure - Internal Reporting - Post Exhibition

17/10/18
Item 09.04

 

DCP

 

Dec-18

Policy Review - Banners Over Public Roads and Reserves Policy - Rescind - Post Exhibition

17/10/18
Item 09.10

 

DI

 

Dec-18

Tastings on Hastings - future strategy

18/04/18
Item 10.02

Engagement ongoing.

DSG

Nov-18

Dec-18

Alternative Investment Options for higher returns

Investments - draft policy

15/11/17
Item 09.10

19/09/18
Item 09.18

This item was referred back to the Audit, Risk & Improvement Committee following a briefing to Councillors. This Committee considered this on 8 November 2018 and a draft Investment Policy will be presented to Council in December 2018.

DCP

Jul-18
Sep-18
Oct-18

Dec-18

Councillor Portfolio Protocol - amend

21/11/18
Item 09.03

 

GM

 

Dec-18

QFPM - Legal Advice on Water Fluoridation

21/11/18
Item 13.01

 

GM

 

Dec-18

QFPM - Councillor Portfolio System

21/11/18
Item 13.02

 

GM

 

Dec-18

PP:  Bundaleer Aged Care - 67 High Street and 4-8 Johnstone Street, Wauchope - Gateway Determination

15/08/18
Item 12.04

Awaiting legal advice.

DSG

Sep-18
Oct-18

Feb-19

PMHC v Mansfield - post 'without prejudice' discussions

15/08/18
Item 14.05

Pending further advice regarding legal proceedings.

DDE

Nov-18
Dec-18

Feb-19

QFPM - Enforcement of Unlawful Activity Policy - findings of review

18/07/18
Item 09.07

Policy being drafted

DDE

Dec-18

Feb-19

Supply of Electricity

17/10/18
Item 14.05

Finalising contracts

DCP

Dec-18

Feb-19

Cost Shifting

19/09/18
Item 09.03

 

DCP

 

Feb-19

Strategic Land Use Planning - Fernbank Creek and Sancrox - Update Report

19/09/18
Item 12.03

 

DSG

 

Feb-19

Grant Application Status Report

17/10/18
Item 09.07

 

DCP

 

Feb-19

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

18/10/17
Item 12.03

Acquisitions still in progress

DI

Nov-18

Feb-19

Airport Precinct Investigation Area - Site Selection for proposed business park - planning proposal for Council land

21/11/18
Item 12.09

 

DSG

 

Feb-19

Policy Review - Risk Management - post exhibition

21/11/18
Item 09.04

 

DCP

 

Feb-19

QFPM - Legal Advice on Water Fluoridation

21/11/18
Item 13.01

 

GM

 

Feb-19

QFPM - Councillor Portfolio System

21/11/18
Item 13.02

 

GM

 

Feb-19

Town Centre Master Plan Charter Review

20/06/18
Item 09.09

 

DSG

 

Mar-19

Specific Planning Proposal Requests - Progress Report

19/09/18
Item 12.08

 

DSG

 

Mar-19

Tuffins Lane Sporting Fields - Terms of Agreement

14/12/16
Item 06.02

Awaiting Catholic Parish advice

GM

Oct-18

Mar-19

Draft PMH DCP 2013 - Highways Gateway Sites - update on public authority consultation

21/11/18
Item 12.05

 

DSG

 

Mar-19

Future of Committees following establishment of Cultural Steering Group

19/04/17
Item 15.05

Item is to be discussed at a future Cultural Steering Group meeting, following the adoption of the Cultural Plan

DSG

Jun-17
Jul-17
Sep-17
Oct-17
Feb-18
Apr-18
Jul-18
Sep-18
Feb-19

Apr-19

Innes Gardens Memorial Park Crematorium and Lawn Cemetery

17/10/18
Item 14.01

 

DCP

 

Apr-19

Health and Education Precinct Draft Master Plan - post exhibition

21/11/18
Item 11.05

 

DSG

 

Apr-19

Vince Inmon Sporting Complex - Master Plan Development

21/11/18
Item 10.04

 

DDE

 

Jun-19

Opportunities for improving PMHC unsealed road maintenance practices

15/08/18
Item 12.02

 

DI

 

Aug-19

Markets Policy and local markets

21/11/18
Item 11.03

 

DSG

 

Dec-19

Canal Maintenance

18/10/17
Item 12.04

 

DI

 

2018/2019 FY

Planning Proposal - Homedale Road Kew - post exhibition

14/12/16
Item 13.07

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

DSG

Oct-17
Dec-17
May-18

TBA

Planning Proposal – Lot 2 DP1091253 Beach Street Bonny Hills

19/04/16
Item 12.02

 

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

17/05/17
Item 13.05

 

DSG

 

TBA

Planning Proposal PP2016 – 11.1 Mission Terrace Lakewood – post exhibition

15/11/17
Item 12.06

 

DSG

 

TBA

Property Purchase by Property Reserve – post exhibition

16/05/18
Item 14.02

 

DSG

 

TBA

Planning Proposal: Proposed Highway Service Centre, 1179 Oxley Highway, Sancrox – post exhibition

16/05/18
Item 12.06

 

DSG

 

TBA

Trialling Of Parklets In The Port Macquarie Town Centre

16/05/18
Item 10.02

 

DSG

 

TBA

Classification as "Operational" Land - 52 John Oxley Drive, Port Macquarie - post exhibition.

20/06/18
Item 14.05

 

DCP

 

TBA

Council owned lots at North Shore - Progress of Sale

19/09/18
Item 09.24)

 

DSG

 

TBA

T-18-53 Design and Construction of Underbores - Beechwood and Bonny Hills - outcome of negotiations and confirming value for money

21/11/18
Item 14.03

 

DI

 

TBA

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.

10/08/16
Item 12.01

 

DDE

 

2021
(estimate)

 

Cyclic Reports

 

Report

Reporting Officer

Reporting Cycle

Month

Mayoral Discretionary Fund Allocations

GM

Monthly

Every

Monthly Financial Update

DCP

Monthly

Every

Investments

DCP

Monthly

Every

Recommendations by the Mayor’s Sporting Fund Sub-Committee

DSG

Monthly

Every

Development Activity and Assessment System Performance

DDE

Quarterly

May, Aug, Nov, Feb

Operational Plan – Quarterly Progress

DCP

Quarterly

Nov, Feb, Apr, Aug

Management of Flying-Fox Colony in Kooloonbung Creek Nature Reserve - Quarterly Progress Report

DDE

Quarterly

Dec, Mar, June, Sep

Legal Fees - Update Report
(19/09/18 - Item 09.16)

DCP

Quarterly

Feb, Apr, Aug, Nov

Grant Application Status Report
(17/10/18 - Item 09.07)

DCP

Quarterly

Feb, May, Aug, Nov

Glasshouse Strategic Plan Update

DCP

Biannual

Feb, Aug

Digital Technology Project Status
(16/08/17 - Item 09.18)

DCP

Biannual

Feb, Aug

Delivery Program – Six Monthly Progress

DCP

Biannual

Mar, Sep

Site Specific LEP Amendments - Update

DSG

Biannual

Mar, Sep

Long Term Energy Strategy – Progress

DDE

Biannual

Apr, Nov

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

DSG

Biannual

May, Nov

Performance of Property Investment Portfolio 6-Monthly
(12/12/17 - Item 09.09)

DSG

Biannual

May, Nov

UGMS - Update on Implementation and Status of Actions
(20/06/18 - Item 12.07)

DSG

Annually

Feb

Mayoral and Councillor Fees (Setting of)

GM

Annually

Jun

Council Policy - Status

DCP

Annually

Jul

Recreation Action Plan – Status

DDE

Annually

Jul

Local Preference Policy Outcomes

DCP

Annually

Aug

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

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

DCP

Annually

Sep

Cultural Plan 2018 - 2021 - Implementation Progress Report
(19/09/18 - Item 10.02)

DSG

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
(21/10/15 - Item 09.04)

DCP

Annually

Nov

Compliments and Complaints Annual Report

DSG

Annually

Dec

Funding Programs for Koala Recovery Strategy
(19/09/18 - Item 12.05)

DDE

Annually

Dec

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.06

 

Subject:     Delegated Authorities - Certificate of Identification Issued Under the Swimming Pools Act 1992

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 the seal of Council be affixed to the certificates of identification issued under the Swimming Pools Act 1992, for the following Council staff:

1.       Ross Frazier – Building Surveyor.

2.       Ray Abbott – Building Surveyor.

 

Executive Summary

 

The Council seal is required to be affixed to certificates of identification issued under the Swimming Pools Act 1992. A Council resolution is required in order to affix the Council seal to a document.

 

Discussion

 

Section 27(2) of the Swimming Pools Act 1992 requires that Council must issue a certificate of identification to each authorised officer appointed to exercise powers under this Act.

 

Clause 20 and Schedule 1 of the Swimming Pools Regulation 2008 prescribes the form of a certificate of identification. The certificate of identification must include amongst other things the seal of the Council.

 

Council has numerous staff authorised as officers under the Swimming Pools Act. To satisfy the requirements of a properly issued certificate of identification Council’s Seal must be affixed.

 

Clause 400 of the Local Government (General) Regulation 2005 states that ‘the seal of Council must not be affixed to a document unless the document relates to the business of the Council and the Council has resolved (by resolution specifically referring to the document) that the seal be so affixed’.

 

Council researched a number of avenues and also sought legal advice with regards to the requirements of the issuing of certificates of identification under the Swimming Pools Act and clause 400 of the Local Government (General) Regulation.

 

Council’s legal advice was that a Council resolution (specifically referring to the document) would be required to issue each authorised Council staff member a certificate of identification under the Swimming Pools Act.

 

Options

 

There are no options in relation to this report. It is a legislative requirement that the Council’s Seal be affixed to Certificates of identification issued under the Swimming Pools Act 1992.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

No community engagement has been completed.

 

Internal Consultation

 

·    Director Development and Environment.

·    Group Manager Governance and Procurement.

 

Planning & Policy Implications

 

A Council resolution, specifically referring to the document, is required to affix the Council Seal to a certificate of identification issued under the Swimming Pools Act.

 

Financial & Economic Implications

There are no financial or economic implications.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.07

 

Subject:     2020 Ordinary Local Government Election

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 resolve that:

1.       Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2.       Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3.       Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

4.       Request the General Manager to submit a report to the February 2019 meeting of Council If the cost estimates provided by the Electoral Commissioner are greater than what is provided in the confidential attachment to the 2020 Ordinary Government Election report.

 

Executive Summary

 

A number of amendments have been made to the Local Government Act 1993 regarding the conduct of elections, polls and referenda over recent years. One significant amendment has been the removal of the requirement that the NSW Electoral Commission administer Local Government Elections. Councils now have the freedom of choice with regards to the method of administration of council elections, polls and referenda.

 

The next Ordinary Local Government Election is scheduled for September 2020; Council has a number of options available:

 

1.       Council conducts the 2020 Ordinary Election.

2.       Council can partner with an external service provider (partial outsource). This would require Council to undergo a competitive tendering process and as a result resolve to enter in to a contract with the successful tenderer.

3.       Council can partner with an external service provider (100% outsourced). This would require Council to undergo a competitive tendering process and as a result resolve to enter in to a contract with the successful tenderer.

4.       Council can engage the NSW Electoral Commission (100% outsourced).

 

If Council decides to engage the services of the NSW Electoral Commission to administer this election, Council is required to resolve to that effect by 11 March 2019.

 

If Council does not resolve to engage the NSW Electoral Commission prior to 11 March 2019, Council’s General Manager will be responsible for administering the 2020 Ordinary Local Government Election.

 

Discussion

 

Background

 

Until the late 1980s Town and Shire Clerks were responsible for council elections. In 1987 the Local Government (Elections) Amendment Act was introduced which transferred this responsibility to the New South Wales Electoral Commission (NSWEC). Town and Shire Clerks acted as the Returning Officer at the 1987 and 1991 elections but from 1995 onwards independent Returning Officers were appointed by the State Electoral Office (now the NSWEC).

 

Legislative changes that occurred in 2011 removed the requirement that the NSWEC administer Local Government Elections. Councils now have the freedom of choice with regards to the method of administration of council elections, polls and referenda.

 

Further amendments, since 2011, have been made to the Local Government Act 1993 (“LG Act”) regarding the conduct of elections, polls and referenda. The most recent changes occurred as a result of recommendations of the NSW Government’s Joint Standing Committee on Electoral Matters in its inquiry into the 2012 Local Government Elections.

 

Section 296 of the LG Act now provides that council elections, polls and referenda are to be administered by the General Manager of the council concerned. However, Councils can engage the NSWEC to administer elections, polls and referenda on their behalf.

 

If a council decides to engage the services of the NSWEC, the council must pass a resolution, to that effect, 18 months prior to the next Ordinary Local Government Election.

 

Should Council decide to engage the NSWEC to administer the next Ordinary Local Government Election, occurring in September 2020, it must pass a resolution to do so by 11 March 2019.

 

As Council now has the freedom of choice with regards to the conduct of elections, polls and referenda, a number of options are available:

 

Option 1: Council conducts the 2020 Ordinary Election

 

Council could conduct the election. The Office of Local Government has released guidelines under section 23A of the LG Act to assist councils and general managers to understand their level of responsibility and accountability if they chose to administer their own election.

 

If Council administers the election, the General Manager would be responsible for the following:

 

·    Conducting the election.

·    Appointing the Returning Officer and substitute Returning Officer.

·    Appointing the polling places.

·    Determining the fees payable to the Returning Officer, the substitute Returning Officer and electoral officials.

·    Confirming the roll of non-resident owners of rateable land and the roll of occupiers and rate-paying lessees.

·    Preparing a list of names of those on the residential roll, who appeared to have not voted at the election, and forwarding this list to the Electoral Commissioner within 14 days (or within a longer period if provided for in the Regulation) of the election.

·    Managing the relevant election costs.

·    Preparing a report for the Minister for Local Government on the conduct of each election that must disclose, among other things, full and transparent costings for that election.

 

This option would place significant strain on Council resources, impacting heavily on Council operations.

 

Option 2: Partner with an external service provider (partial outsource)

 

Council could partner with an external provider - selectively outsourcing components of the election. This would require Council to undergo a competitive tendering process and as a result resolve to enter in to a contract with the successful tenderer. Information is provided in the attachment.

 

Under this model, the General Manager would hold the responsibilities as are listed under Option 1.

 

Partial outsourcing is not available utilising the expertise of the NSWEC.

 

Option 3: Partner with an external service provider (100% outsource)

 

Council could partner with an external provider - outsourcing the administration of the entire election. This would require Council to undergo a competitive tendering process and as a result resolve to enter in to a contract with the successful tenderer. Information is provided in the attachment.

 

Under this model, the General Manager would hold the responsibilities as are listed above, under Option 1.

 

Option 4: Engage the NSW Electoral Commission (100% outsource)

 

Council could engage the NSWEC - outsourcing the administration of the entire election.

 

Under this model, the Electoral Commissioner, not the General Manager, would hold the following responsibilities:

 

·    Conducting the election.

·    Appointing the Returning Officer and substitute Returning Officer.

·    Appointing the polling places.

·    Determining the fees payable to the Returning Officer, the substitute Returning Officer and electoral officials.

·    Managing the relevant election costs.

·    Preparing a report for the Minister for Local Government on the conduct of each election that must disclose, among other things, full and transparent costings for that election.

 

Regardless of the option chosen, there are certain legislative requirements that the General Manager is required to fulfil, these are the confirmation of the roll of non-resident owners of rateable land and the roll of occupiers and rate-paying lessees (Section 299 and 300 of the LG Act).

 

Pricing

 

Costs estimates from potential external providers have been identified.

 

Please refer to the confidential attachment titled "2020 Ordinary Local Government Election Pricing” which contains information that relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993 section 10A(2)(d)(i)).

 

Factors for Consideration

 

Factors for Consideration: Engaging the NSWEC

 

·    Election ‘at arm’s length’.

·    Electoral Commissioner holds responsibility of the election.

·    NSW Electoral Commission very experienced.

·    Minimal burden on current Council operations.

 

Factors for Consideration: Engaging an external election service provider

 

·    General Manager’s responsibilities include:

Conducting the election.

Appointing the Returning Officer and substitute Returning Officer.

Appointing the polling places.

Determining the fees payable to the Returning Officer, the substitute Returning Officer and electoral officials.

Confirming the roll of non-resident owners of rateable land and the roll of occupiers and rate-paying lessees.

Preparing a list of names of those on the residential roll, who appeared to have not voted at the election, and forwarding this list to the Electoral Commissioner within 14 days (or within a longer period if provided for in the Regulation) of the election.

Managing the relevant election costs.

Preparing a report for the Minister for Local Government on the conduct of each election that must disclose, among other things, full and transparent costings for that election.

·    Returning Officer:

Cannot be an employee of Council.

Cannot be a friend/relative of the Mayor, Councillors or General Manager.

Cannot vote in the election.

·    Access and availability to suitably qualified election officials.

·    Increased Council staff responsibilities and burden of risk.

·    Perception of ‘independent’ conduct of election.

·    Storage of election material (post-election).

·    Council is not emerging from Administration at this election.

 

Further detail on both the General Manager’s and Returning Officer’s duties can be obtained from the Office of Local Government s23A Guideline: Council Administered Elections

 

Options

 

1.   Council conducts the 2020 Ordinary Election.

2.   Council can partner with an external service provider (partial outsource).

3.   Council can partner with an external service provider (100% outsourced).

4.   Council can engage the NSW Electoral Commission (100% outsourced).

 

Community Engagement & Internal Consultation

 

Community Engagement

 

No community engagement undertaken.

 

Consultation

 

·    General Manager.

·    Director Corporate Performance.

·    Group Manager Governance and Procurement.

·    Regional Procurement.

·    NSW Electoral Commission.

 

Planning & Policy Implications

 

Section 296 of the LG Act now provides that Council elections, polls and referenda are to be administered by the General Manager.

 

However, under section 296(2) of the LG Act, Council has the option to engage the services of the NSWEC, should it decide to do so.

 

Engaging the NSWEC

 

Should Council wish to engage the NSWEC to conduct the 2020 Ordinary Local Government Election, Council must:

1.   Resolve to engage the NSWEC no later than 18 months prior to the next Ordinary Local Government Election, being 11 March 2019.

2.   Enter into an arrangement, by contract, no later than 15 months prior to the next Ordinary Local Government Election, being June 2019.

 

Any time after the 2020 Ordinary Local Government Election, either Council or the NSWEC can terminate the contract by giving four (4) weeks written notice to the other party.

 

If the contract isn’t terminated beforehand, it automatically expires 18 months prior to the 2024 Ordinary Local Government Election, being March 2023.

 

Section 55(3)(p) of the LG Act permits Council to enter into a contract with the NSWEC to administer the Council’s elections, Council polls and constitutional referendums without having to invite formal tenders, even though the cost of any Ordinary Local Government Election will exceed the $150,000 tendering threshold.

 

Not engaging the NSWEC

 

If Council does not resolve to engage the NSWEC prior to 11 March 2019, the General Manager will be responsible for administering the 2020 Ordinary Local Government Election.

 

Should Council resolve to administer the 2020 Ordinary Local Government Election itself, such a resolution should specify (on advice from the Office of Local Government):

 

1.   Whether the General Manager intends to administer elections personally or to engage an electoral services provider; and

2.   If the General Manager intends to administer elections personally, whether the General Manager has identified any persons to be appointed as the Returning Officer and substitute Returning Officer and, if so, their names; and

3.   If the General Manager intends to engage an electoral services provider, whether the General Manager has identified an electoral services provider and, if so, the name of that provider.

 

Financial & Economic Implications

 

Council is financially prudent regarding the cost of the four (4) yearly Ordinary Local Government Election.

 

Council is currently allocating $50,000 into a reserve each year to cover the General Fund component of the election. The remaining amount will be funded through the overhead charge by water, sewerage and waste. 

 

The balance of the reserve at 30 June 2019 should be $235,747.  This is sufficient to cover the general fund component of the election in 2020.

 

Attachments

 

1View. Confidential:  2020 Ordinary Local Government Election Pricing (Confidential)

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.08

 

Subject:     Code of Conduct Complaint Statistics

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.3  Build trust and improve Council’s public reputation through transparency and accountability.

 

 

RECOMMENDATION

 

That Council note the Code of Conduct Complaint Statistics for the period 1 September 2017 to 31 August 2018.

 

Executive Summary

 

The “Procedures for the administration of the Model Code of Conduct” state that Council’s Complaints Coordinator is to report certain statistics pertaining to Code of Conduct complaints to Council each year.

 

Council’s Complaints Coordinator, Group Manager Governance and Procurement, has prepared the required statistics for Council.

 

The statistics pertain to the period 1 September 2017 to 31 August 2018.

 

Discussion

 

Clause 12.1 of the “Procedures for the administration of the Model Code of Conduct” state that the Council’s Complaints Coordinator is to report certain statistics pertaining to Code of Conduct complaints to Council within three (3) months of the end of September each year.

 

Additionally, clause 12.2 of the “Procedures for the administration of the Model Code of Conduct” states that Council is to provide the Office of Local Government a report containing the statistics detailed in clause 12.1 within three (3) months of the end of September each year.

 

Council’s Complaints Coordinator, Group Manager Governance and Procurement, has prepared the required statistics for Council.

 

Code of Conduct Statistics

 

1

a)

The total number of complaints received in the period about Councillors and the General Manager under the Code of Conduct

2

b)

The total number of complaints finalised in the period about councillors and the General Manager under the code of conduct

2

2

a)

The number of complaints finalised at the outset by alternative means by the General Manager or Mayor

0

b)

The number of complaints referred to the Office of Local Government under a special complaints management arrangement

0

c)

The number of code of conduct complaints referred to a conduct reviewer

2

d)

The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer

1

e)

The number of code of conduct complaints referred back to the General Manager or Mayor for resolution after preliminary assessment by conduct reviewer

1

f)

The number of finalised code of conduct complaints investigated by a conduct reviewer

1

g)

The number of finalised code of conduct complaints investigated by a conduct review committee

0

h)

Number of finalised complaints investigated where there was found to be no breach

0

i)

Number of finalised complaints investigated where there was found to be a breach

1

j)

Number of complaints referred by the General Manager or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police

0

k)

Number of complaints being investigated that are not yet finalised

0

l)

The total cost of dealing with Code of Conduct complaints within the period made about Councillors and the General Manager including staff costs

$29,130

3

The number of  complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions:

 

a)

To take no action

0

b)

To resolve the complaint by alternative and appropriate strategies

0

c)

To refer the matter back to the General Manager or the Mayor, for resolution by alternative and appropriate strategies

1

d)

To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police

0

e)

To investigate the matter

0

f)

To recommend that the Complaints Coordinator convene a conduct review committee to investigate the matter

0

4

The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:

 

a)

That the Council revise its Policies or procedures

0

b)

That a person or persons undertake training or other education

0

5

The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:

 

a)

That the Council revise any of its Policies or procedures

0

b)

That the subject person undertake any training or other education relevant to the conduct giving rise to the breach

1

c)

That the subject person be counselled for their conduct

1

d)

That the subject person apologise to any person or organisation affected by the breach

0

e)

That findings of inappropriate conduct be made public

0

f)

In the case of a breach by the General Manager, that action be taken under the General Manager’s contract for the breach

0

g)

In the case of a breach by a Councillor, that the Councillor be formally censured for the breach under section 440G of the Local Government Act 1993

0

h)

In the case of a breach by a Councillor, that the matter be referred to the Office for further action

0

6

Matter referred or resolved after commencement of an investigation under clause 8.20 of the Procedures

0

7

The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct:

 

a)

General conduct (Part 3)

0

b)

Conflict of interest (Part 4)

1

c)

Personal benefit (Part 5)

0

d)

Relationship between council officials (Part 6)

0

e)

Access to information and resources (Part 7)

0

8

The number of investigated complaints resulting in a determination that there was a breach in which the Council failed to adopt the conduct reviewers recommendation

0

9

The number of investigated complaints resulting in a determination that there was a breach in which the Council's decision was overturned following a review by the Office

0

 

The statistics pertain to the period 1 September 2017 to 31 August 2018.

 

Options

 

No other options.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

The Office of Local Government has been consulted with relating to reporting requirements.

 

Internal Consultation

 

·    General Manager;

·    Director, Corporate Performance; and

·    Complaints Coordinator (Group Manager Governance and Procurement).

 

Planning & Policy Implications

 

This report satisfies the requirement of Clause 12.1 of the “Procedures for the administration of the Model Code of Conduct”. This section states that the Council’s Complaints Coordinator is to report certain statistics pertaining to Code of Conduct complaints to Council within three (3) months of the end of September each year.

 

Financial & Economic Implications

 

No financial or economic implications.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.09

 

Subject:     Policy Review - Public Interest Disclosure - Internal Reporting - Post Exhibition

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 adopt the amended Public Interest Disclosure – Internal Reporting Policy.

 

Executive Summary

 

The purpose of this policy is to establish an internal reporting system for staff and Councillors to report wrongdoing as required by the Public Interest Disclosures Act (1994) (PID Act).

 

During the period from 24 October 2018 to 20 November 2018 the Public Interest Disclosure – Internal Reporting Policy was placed on public exhibition for review and feedback from the public.

 

There were no submissions received on the policy during the public exhibition process.

 

Discussion

 

The purpose of this policy is to establish an internal reporting system for staff and Councillors to report wrongdoing as required by the Public Interest Disclosures Act (1994) (PID Act).

 

At the Ordinary Council Meeting on 17 October 2018, following a review of the Public Interest Disclosure – Internal Reporting Policy, Council resolved to place the policy on public exhibition from 24 October 2018 for a minimum of 28 days for review and feedback from the public.

 

The October 2018 Ordinary Council report highlighted the approach to publically exhibit the Public Interest Disclosure – Internal Reporting Policy with amendments.

 

Public Exhibition

 

The public exhibition period is now complete with the outcomes of the exhibition process discussed below.

 

There were a total of sixteen (16) visits to Council’s engagement website page during the exhibition period. Two (2) documents were downloaded or viewed. No submissions were received from Council’s engagement website.

 

No submissions were received via mail, email or in person.

 

The policy is attached (at attachment 1) for Council to consider adopting.

 

Options

 

Council has the option not to amend the Policy.

 

Community Engagement & Internal Consultation

 

The subject policy of this report was available for public comment from 24 October 2018 to 20 November 2018 (28 days). No submissions were received.

 

Planning & Policy Implications

 

This report recommends the amendment of Public Interest Disclosure – Internal Reporting Policy.

 

Financial & Economic Implications

 

There are no financial or economic implications.

 

Attachments

 

1View. Policy - Public Interest Disclosure - Internal Reporting Policy

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.10

 

Subject:     Draft Investment Policy

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.

 

w

 

RECOMMENDATION

 

That Council:

1.       Place the Revised Investment Policy on public exhibition from 19 December 2018 to 29 January 2019 (42 days, extended due to the Christmas period).

2.       Note that a further report will be tabled at the February 2019 Ordinary Council meeting detailing the submissions received from the public in relation to the Revised Investment Policy, during the exhibition period.

 

Executive Summary

 

At the Ordinary Council meeting held on 15 November 2017, Council resolved:

 

09.10  Investments - October 2017

RESOLVED:  Hawkins/Griffiths

 

That Council:

1.       Note the Investment Report for the month of October 2017.

2.       Request the General Manger submit a report to a future Council Meeting (before June 2018) after review by the Audit, Risk & Improvement Committee that examines alternative investment options that are likely to give Council a higher return on its investments whilst remaining within approved risk parameters.

3.       Request the General Manager to submit a report to the February 2018 meeting of Council that reviews the investment income budget for the 2017/2018 Financial Year.

carried:      9/0

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

Against:       Nil

 

This report addresses Resolution 2, as well as the requirement to review the Investment Policy annually. This matter was considered by the Audit, Risk & Improvement Committee on 10 May 2018, however further revisions to the Policy was made following consultation with Council’s Investment Advisors.

 

A briefing to Councillors by Imperium Markets occurred on 12 September 2018.

 

At the Ordinary Council meeting held on 19 September 2018, Council resolved:

 

09.18  Investments - August 2018

RESOLVED: Intemann/Hawkins

 

That Council:

1.       Note the Investment Report for the month of August 2018 report;

2.       Refer to the Audit, Risk and Improvement Committee a draft policy that includes the ability of Council to invest in liquid senior floating rate notes (FRNs), as per the Imperium recommendation, and report back to the November 2018 Ordinary Council meeting;

3.       Note that the General Manager is reviewing the detail of the internal and externally held Reserves, their purpose and restrictions;

4.       Request the General Manager present the Reserve information identified above, including a timeline where possible for planned expenditure of significant reserves, to a Councillor briefing as part of the development of the 2019/2020 Operational Plan.

 

carried:      8/0

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

Against:       Nil

 

 

This report addresses Resolution 2 above following consideration by the Audit, Risk and Improvement Committee on 8 November 2018. Given the timing of that meeting, this report has been prepared for the December 2018 agenda.

 

Discussion

 

In accordance with the NSW Office of Local Government Investment Policy Guidelines, a review of Council’s Investment Policy should be conducted on an annual basis.

 

As part of the annual review and also fulfilling the requirements of the above resolution from November 2017, the management of Council conducted the following:

 

1.   Performed a significant review of internal procedures;

2.   Engaged independent investment advisors ‘Imperium Markets’ (it is noted that the advisors do not receive broker fees for investments placed);

3.   Acquired an Investment Portfolio management tool;

4.   Reviewed the Investment Policy (Refer Attachment 1 for the current approved Investment Policy and Attachment 2 for the Revised Investment Policy).

 

The review of the investment policy has resulted in a number of changes, the more significant ones summarised as follows, (Attachment 2 details all changes made):

 

·    The following sections have been added: ‘Funds for Investment’, ‘Legislative Authority for Investments’, ‘Investment Governance’, ‘Breaches of Criteria’;

·    The following components have been included in the mandatory investment criteria: ‘scope’, ‘currency’, ‘ownership’, ‘term / maturity’;

·    The performance management section has been expanded to provide more information and guidance;

·    Investment authorisation requirements and detail of responsibilities attached to individual staff have been removed as they relate to strategy rather than policy matters;

·    The short-term credit rating approval category has been added with S&P rating descriptions removed;

·    The minimum portfolio exposure requirement has been removed;

·    Portfolio exposure: changed A rating to 60% (from 55%) and BBB rating to 30% (from 15%);

·    Institutional exposure: changed AAA rating to 40% (from 45%), AA rating to 30% (from 40%) and A rating to 20% (from 15%);

·    Maturity requirement: changed 3 to 5 years from 30% to 40% (and to 5.5 years);

·    Maturity requirement: changed 5 years and greater from 15% to 20% (and to 5.5. years);

·    Inclusion of Floating rate Notes as an investment option.

 

In relation to risk management framework criteria, Council management performed a benchmarking exercise of these criteria against a number of other councils to ensure that the proposed framework is consistent with industry standards.  No significant outliers were noted.

 

The Audit, Risk & Improvement Committee have considered the revised Policy and proposed changes at their most recent meeting held on 8 November 2018. The Committee resolved as follows:

 

13       Draft Investment Policy

Rebecca Olsen, Director Corporate Performance, addressed the Committee and answered questions.

Nicole Spencer, Acting Group Manager Financial Services, addressed the Committee and answered questions.

RESOLVED:  Parkinson/Marchant

 

That the Audit, Risk and Improvement Committee:

1.       Note the Draft Investment Policy.

2.       Recommend to Council that the Draft Investment Policy be adopted.

carried:      4/0

For:   Hawkins, Intemann, Marchant and Parkinson

Against:       Nil

 

 

Floating Rates Notes

As noted above, the Investment Policy has been modified to include Floating Rates Notes (FRNs) as an investment option.

 

In the Investment Report to the April 2018 Ordinary Council meeting, Council’s investment advisors, Imperium Markets, stated that deposit margins were currently tightening and a way of mitigating the potential reduction in investment returns was to introduce FRNs into Council’s portfolio.  FRNs offer the following benefits whilst still being classified as senior ranking financial assets:

 

·    Provide a greater degree of liquidity, with term deposits requiring a minimum of 31 days notice to break term;

·    Potential to attract higher rates than term deposits;

·    Potential to realise capital gains.

 

FRNs are allowable investments under the Ministerial Investment Order.  Their introduction into Council’s investment portfolio would allow greater diversification and flexibility in managing the portfolio and provide greater ability to maximise returns whilst remaining within approved and acceptable risk parameters.

 

Options

 

Council could make amendments to the recommended policy changes, including the provision to allow investment in FRNs. 

 

Community Engagement & Internal Consultation

 

Consultation has occurred with:

 

·    Relevant Finance staff;

·    Imperium Markets;

·    The Executive;

·    Council via Councillor briefing (12 September 2018) and;

·    The Audit, Risk and Improvement Committee (8 November 2018)

 

In relation to the Councillor briefing, it is noted that Imperium Markets briefed Councillors on Council’s investment policy and investment portfolio, in particular focusing on the merits of introducing FRNs into the investment portfolio (refer Attachment 3 for a copy of the presentation). Confidential Attachment 3 titled “Imperium Markets Presentation” provides commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.  Local Government Act 1993 - Section 10A(2)(d)(i).

 

Following this briefing, a concern in relation to FRNs were raised – citing an article (noting the source of the article was unclear).  The concerns were forwarded to Imperium Markets for comment.  Refer Attachment 4 for the article and Imperium Markets’ response.

 

In relation to the Audit, Risk and Improvement Committee, the Committee resolved:

 

RESOLVED:  Parkinson/Marchant

 

That the Audit, Risk and Improvement Committee:

1.       Note the Draft Investment Policy.

2.       Recommend to Council that the Draft Investment Policy be adopted.

 

Planning & Policy Implications

 

There are no planning implications in relation to this report.  This report recommends amending the existing Investment Policy.

 

Financial & Economic Implications

The Investment Policy frameworks and requirements can positively impact returns through its regulation of investments.  This review of the Investment Policy was undertaken with a view to increase returns on Council’s investment portfolio.

 

Attachments

 

1View. Current Approved Investment Policy

2View. Revised Investment Policy

3View. Confidential:  Imperium Markets Presentation (Confidential)

4View. FRN Article and Clarification

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.11

 

Subject:     Monthly Budget Review - November 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:

1.       Adopt the adjustments in the “Budget Variations – November 2018” section of the Monthly Budget Review - November 2018.

2.       Amend the 2018-2019 Operational Plan to include all budget adjustments approved in this report.

 

Executive Summary

This report will detail monthly budget adjustments recommended to be made up to 30 November 2018.

 

The Council adopted a budget position as at 1 July 2018 being a shortfall of $511,873, and as at 30 November 2018 that shortfall had been reduced to $364,608. The budget adjustments contained in this report will maintain that reduced shortfall position.   

 

Discussion

 

Each month, Council’s budgets are reviewed by Group 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 2018-2019 budget position 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 2018

Shortfall

($511,873)

Plus adjustments:

 

 

July Review

Balanced

$0

August Review

Balanced

$0

September Review

Balanced

$0

October Review

Surplus

$147,265

November Review

Balanced

$0

Forecast budget position for 30 June 2019

Shortfall

($364,608)

 

November 2018 Adjustments

There are no adjustments in this report that impact Council’s current budget position.

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/Revenue/Reserve/S7.11

$560,000

Reserve Transfers

2

Reserve

$91,951

Contributions

3

Contribution

$0

Section 7.11 Contributions

4

S 7.11 Contributions

$3,500

Over-expenditure Reviews

5

Reserve

$0

Transfer between projects

6

Reserve/Revenue

$375,608

Council Resolutions

7

Grant/Loan/Reserve

$0

Total

 

 

$1,031,059

1.    Grant funding

The total increase in grant funding value for 2018-2019 is $560,000.

 

Council project

Grant provider

Grant Amount

Other Funding*

Section

Illaroo Road Stormwater Redirection Construction

NSW Office of Environment and Heritage

$360,000

$360,000

Natural Resource Management

Ocean Drive Upgrade

NSW Roads and Maritime Services(RMS)

$200,000

$0

Infrastructure Delivery

TOTAL

 

$560,000

$560,000

 

 

* Other funding already contained within existing budgets.

 

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

Lake Cathie Asbestos Investigation and Remediation

Environment Levy

Transfer from

$0

$20,730

Funds to assess the extent of the contamination and provide remediation options based on the assessment.

Sports Development Fund Grants

Environment Levy

Transfer from

$0

$71,221

Funding for the Hastings Valley Motorcycle Club through the Sport Development Fund Grants.

Net Transfer from reserves

 

$91,951

 

 

 

3.    Contributions

 

Nil

 

4.    Utilisation of Section 7.11 Contributions

 

Project

Amount

Comments

Red Ochre Vegetation Management Plan (VMP)

$3,500

Bushfire fuel management activity.

Total

$3,500

 

 

5.    Over-expenditure Reviews (approved by Executive)

 

Nil

 

6.    Transfer between projects

 

Transfer from

Transfer To

Amount

Comments

Coastal/Estuary Management Plan

Illaroo Road Stormwater Redirection Construction

$360,000

Funds reallocated to match grant funds relating to the Illaroo stormwater redirection.

Hastings River Drive Design - Hughes Place to Boundary Street

Hastings River Drive & Boundary Street Upgrade

$15,608

Additional funding required due to complex environmental issues arising from proposed flood mitigation works.

Total

 

$375,608

 

 

7.    Council resolutions

 

Nil

 

Options

 

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

 

Community Engagement & Internal Consultation

 

Not Applicable.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The Attachment to this report contains information of each individual budget adjustment by Division and Section. The budget movements within this report maintain the budget position at a reduced shortfall of $364,608.

 

Statement by Responsible Accounting Officer

 

“The adopted original budget result for 2018-2019 was a shortfall of $511,873.  Previous budget adjustments have improved that position to $364,608 with the variations contained within this report maintaining that position. The remaining shortfall position is still considered an un-satisfactory result for the year and as such further budget adjustments will be required throughout the year to reduce this shortfall.”

 

Attachments

 

1View. November 2018 Budget Variations

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.12

 

Subject:     Investments - November 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 November 2018.

 

 

Executive Summary

 

·    Total funds invested as at 30 November 2018 equals $299,548,147.

·    Interest for the month of November was $664,489.67.

·    The year-to-date investment income of $3,512,663 represents 48% of the total annual investment income budget of $7,385,000.

·    Council’s total investment portfolio performance for the financial year to date was 1.12% above the benchmark (3.03% against 1.91%).  Benchmark being the Bank Bill reference rate as at 30 November 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. 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.

 

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 30 June 2018, comply with this Act.

 

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

 

As at 30 November 2018, the investments held by Council totalled $299,548,147 and were attributed to the following funds:

 

General Fund

132,133,683

Waste Fund

15,909,002

Water Fund

93,632,760

Sewer Fund

56,488,790

Sanctuary Springs Fund

38,941

Broadwater

1,344,971

 

299,548,147

 

 

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 the financial year to date is 1.12% above the benchmark (3.03% against 1.91%) and year to-date income is 48% 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 were 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.

 

 

 

Nicole Spencer

Responsible Accounting Officer

 

 

Attachments

 

1View. Port Macquarie-Hastings Council Monthly Report - November 2018

2View. Port Macquarie-Hastings Council Portfolio as at 30 November 2018

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.13

 

Subject:     Policy Rescission - Banners Over Public Roads and Reserves Policy - Post Public Exhibition

Presented by:  Infrastructure, Jeffery Sharp

 

 

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 rescind the Banners over Public Roads and Reserves Policy.

 

Executive Summary

 

At the Ordinary Council Meeting held on 17 October 2018, Council resolved to place the rescindment of the Banners over Public Roads and Reserves Policy on public exhibition.

 

The policy was subsequently placed on public exhibition from Monday 22 October until 18 November 2018 (28 days).  During the exhibition period, zero submissions were received in support or opposition of the proposed rescindment of this policy.

 

Discussion

 

At the Ordinary Council meeting held on 17 October 2018, Council resolved as follows:

 

1.   Place on public exhibition from Monday 22 October until 18 November 2018 (28 days) the intent to rescind the Banners over Public Roads and Reserves Policy. 

2.   Note that a further report will be tabled at the 12 December 2018 meeting of Council, detailing the submissions received from the public during the exhibition period

 

Public Exhibition

 

The public exhibition period is now complete with the outcomes of the exhibition process discussed below.

 

There were a total of 15 visits to Council’s engagement website page during the exhibition period.  1 document was downloaded or viewed. Zero submissions were received, in support or opposition of the proposed rescindment of this policy.

 

Accordingly, it is recommended to rescind the subject Policy.

 

 

 

Options

 

Council has the option to rescind or not to rescind the Banners over Public Roads and Reserves Policy identified within this report.

 

Community Engagement & Internal Consultation

 

The policy that is the subject of this report were available for public comment from Monday 22 October to 18 November 2018 (28 days).  During this period, zero submissions were received.

 

Planning & Policy Implications

This report recommends the rescindment of the Banners over Public Roads and Reserves Policy.

 

Financial & Economic Implications

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

 

Attachments

 

1View. Banners over Public Roads and Reserves Policy

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          09.14

 

Subject:     Compliments and Complaints Annual Report 2017-2018

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

1.4.3 Deliver a customer focused service that provides the community a consistent experience of Council.

 

 

RECOMMENDATION

 

That Council note the Compliments and Complaints Annual Report for 2017-2018.

 

Executive Summary

 

In 1998, Port Macquarie-Hastings Council adopted a compliments and complaints management system.  As a result, compliments and complaints are an action in the 18/19 Operational Plan and are reported on an annual basis.

 

Council is currently undertaking a Customer Experience Project which to assist us in understanding our customer interactions and what our customer’s value when it comes to dealing with Council. The reason for the project is to help us focus Council on creating an organisation where customers are at the heart of what we do and we needed to work with staff and the community to find out the best way to do that. Complaints and compliments and how we report them will be reviewed as part of this project.

 

This report summarises all compliments and complaints received across the financial year from 1 July 2018 to 30 June 2018. 

 

A total of 248 written compliments for Council staff were received during the 2017-2018 which is 12% increase from the 220 compliments received during 2016-2017.

 

A total of 187 complaints were received and 185 resolved during this period which is 302% increase compared to the 55 complaints during 2016-2017.  The significant increase in complaints can be attributed to the whale burial accounting for 74% or 131 complaints.

 

Customers are increasing their use of social media, predominately Facebook, to interact with Council and provide feedback.

 

Discussion

 

Compliments for Staff

 

Compliments noted in this report are those received from customers in written format through a variety of channels including letters, emails and customer feedback forms.  Compliments noted in social media are not included in this report.

 

The attached Port Macquarie-Hastings Council summary of staff compliments report 2013 - 2014 to 2017 - 2018 (Attachment 2) categorises compliments by the basis for the compliment and the business unit.

 

A breakdown of the current year’s basis of customer compliments is as follows:

 

Exceptional service delivery                          80%

New Council initiative                                      3%

Successful partnership                                    6%

Community relations enhancement              11%

 

 “Community relation enhancements” recognised by members of the community during this reporting year included:

·    The difficult task of removing the whale and the great job done by all involved

·    Council implementing the ferry SMS messaging service

 

Council’s Development and Environment Services recorded the greatest number of compliments - 114 of the 248 received this year. Importantly, 65 of these related to Recreation & Building.

 

The top business units to be recognised through compliments were:

 

Recreation and Building                                              26%

Roads                                                                          21%

Community Place including Customer Service         10%

Building and Development                                          9%

 

Staff compliments are one way to measure the community’s satisfaction with services delivered by Council.

 

Complaints against Council services

 

Complaints are defined by Council’s Customer Service Policy as “an expression of dissatisfaction with Council’s policies, procedures, charges, agents or quality of service.  This definition aligns to the guideline on “Complaint Management in Councils” published by the NSW Ombudsman and the Division of Local Government. 

 

Complaints are differentiated from action requests (referrals) which are defined as “the request for provision of a Council service”.

 

The attached Port Macquarie-Hastings Council Summary of Complaints Report

2013 - 2014 - 2017 – 2018 (Attachment 1), categorises complaints by the reason the customer lodged the complaint and by the business unit responsible to resolve the complaint.

 

Council staff members monitor complaints and respond in a timely manner to improve service delivery and build a more positive customer experience.

 

A total of 187 complaints were received and resolved during this period which is 302% increase compared to the 55 complaints during 2016-2017.  The major reason for the increase was the 131 complaints related specifically to the whale burial.

 

Of the 187 complaints resolved in 2017-2018, 166 or 89% were resolved within 7 days and 21 or 11% were resolved within 28 days.

 

Council also tracks customer requests which are defined as “the request for provision of a Council service” by an individual or group. There were 24,836 customer requests received during 2017-2018 which is a 2.5% increase compared to 24,225 received during the 2016-2017 reporting year.  The three areas with the most customer requests were:

·    Road maintenance - 3,061

·    Infringements -  2,237

·    Bins - 1,685

 

Customer Experience Project

 

In April 2018 Council engaged Future Reference to assist us in understanding our customer interactions and what our customers value when it comes to dealing with Council. This project will determine what areas of customer interactions Council should focus on, creating an organisation where customers are at the heart of what we do. The project included engaging with Staff and the Community to find out the best way to do that.

 

Over the past six months Future Reference working with Council to help us understand more about our customers, our business (what data we have on interactions and how this meets the need of our customers) as well as investigating tools we can use in the future and what future trends will impact our customer experiences. The aim is to look at Council processes and understand what our customer’s value, to develop a change in the ways we can work now and into the future with a focus on how we can be truly Customer Centred

 

The Customer Experience Project to date has included:

·    Data gathering on over 600 types of interactions across the business – phone call, letters, emails, payments etc;

·    A series of interviews with staff  - about 50 staff from across all areas of our business, this produced the Customer Experience (CX) maturity report;

·    A journey mapping workshop with another 50 staff;

·    A mega trend workshop to understand future trends impacting Customer Experiences;

·    Undertook observations  - call centre, front counter, email processes and, offsite locations;

·    Visitor Survey – during Ironman to understand visitors impressions of Port Macquarie Hastings Council;

·    A Community survey;

·    Development of a Human centred Design toolkit to assist in building the capacity of the organisation to find solutions to interactions into the future;

·    Developing an interaction assessment toolkit;

·    Ideation Workshops (ideas + Creation = ideation). This included both staff and community members working together to solve the issues of today while ensuring that we dream of better ways to work and create a better future tomorrow. Through this combined session (with staff and Community members from business, community groups and community champions) over 200 ideas were generated.

·    Additional ideation sessions with Future Reference and the project team to refine and review the final Customer Experience Plan and recommendations

·    Workshops with the Executive, Councillors and the Senior Leadership Team

·    Additional Executve workshops to prioritise the recommendation and develop an action plan for 2019

The Customer Experience Plan will influence the way we undertake and measure community interactions into the future making a change to being more customer centred. This will impact on how we gather, record and report on customer complaints, compliments and interactions and how we can learn from them.

 

A future report to Council will detail further the plan and associated action plan.

 

Options

 

Council may seek additional information in relation to this report.

 

Community Engagement & Internal Consultation

 

Internal engagement to raise awareness of the current Customer Experience Charter and Customer Service Policy is ongoing and forms part of the employee handbook and induction program. 

 

The Customer Experience Project has also raised awareness regarding Council approach to being more customer centred focus. There has been key engagement with staff and the community regarding Customer interactions between April and August 2018.

 

Planning & Policy Implications

 

Through the Customer Experience Project a review of the current Customer Experience Charter and Customer Service Policy is underway and the approach to reporting on customer compliments and complaints may change.

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. 2017 - 2018 Complaints Summary

2View. 2017 - 2018 Compliments Summary

 

 


AGENDA                                                                                Ordinary Council

12/12/2018









 

 

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

12/12/2018

 

 

Item:          10.01

 

Subject:     Draft Mrs York's Garden Master Plan

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

2.3.4 Plan, investigate, design and construct open spaces, recreational and community facilities.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained in the Draft Mrs York’s Garden Master Plan report.

2.       Place the Draft Mrs York’s Garden Master Plan on public exhibition for 42 days from 14 December 2018 to 25 January 2019.

3.       Request the General Manager provide a report to the March 2019 Ordinary Council Meeting outlining community feedback provided during the public exhibition period.

 

Executive Summary

 

For a number of years the Friends of Mrs York’s Garden (FMYG) have been actively restoring the Mrs York’s Garden area. This volunteer group has proven to be highly effective in restoring and improving the area and in short time has completed the full scope of works identified in the Council adopted Friends of Mrs York’s Garden Future Projects Plan.

 

Not wanting to deter FMYG from undertaking further improvements in this area, Council has adopted a budget within the 2018/19 Operational Plan for the development of a Master Plan for the area so that the volunteer group has a well thought out long term plan that they can implement in partnership with Council and other interested stakeholders.

 

The purpose of this report is to present the draft Master Plan for Council’s consideration and seek its endorsement for the purpose of public exhibition with the aim of getting broader community feedback on the long term vision for this space.

 

Discussion

 

Mrs York’s Garden is located adjacent to the northern side of Stewart Street and Clarence Street between Allman Hill and Goal Point Port Macquarie. It is an important and highly valued asset for both visitors and the Port Macquarie Hastings community.

 

Maintenance of certain areas declined during the early 1970s and eventually abandoned, until the local community group FMYG sought to re-establish the garden in 2015.

 

The development of the Mrs York’s’ Garden Master Plan is considered an organisational priority and is included in the 2018/19 Operational Plan as Action 2.3.4.15.

 

The key objective of the Master Plan is to produce an overall plan of the Mrs York’s Garden precinct which will provide a clear direction for all future works within the garden. This will enable all stakeholders to work towards a well-coordinated and common goal while ensuring that the overall vision and character of the garden is met.

 

The Master Plan will:

·    Ensure integration of all past and future works

·    Ensure integration with adjoining public spaces including the Town Beach Master Plan

·    Guide the Friends of Mrs York’s Garden and allied community groups into future works, programming and resourcing

·    Provide the basis for future grant applications and budget allocations

·    Provide a basis for engagement with surrounding residents and other stakeholders

·    Highlight to local residents and visitors the ongoing works proposed

 

Key features of the draft Master Plan include:

 

·    Improvements to the Allman Hill area including connecting pathways, interpretation of the historical significance of the site and seating.

·    Interpretation of the windmill and waterfall features formerly located in the gardens.

·    Upgrading of walkways throughout the reserve.

·    Potential for terracing in the southern section of the reserve to increase passive recreational opportunities.

·    Installation of a new picnic shelter adjacent to Stewart Street.

 

Options

 

Council has the option to:

1.   Accept the recommendations as listed or

2.   Propose an amendment to the recommendations or

3.   Propose an alternative recommendation(s).

 

Community Engagement & Internal Consultation

 

Consultation with FMYG commenced on 22 August 2018 with input sought from the group to assist with the development of the draft Mrs York’s’ Garden Master Plan. A total of nineteen (19) topics were raised from the engagement with one common theme to retain the sites tranquillity was discussed during the workshop.  

 

There has been internal consultation with staff from the following sections of Council in development of the draft Master Plan:

 

·    Community Engagement

·    Environmental Services

·    Recreation and Buildings

·    Transport and Stormwater Network

·    Water and Sewer.

 

The above mentioned engagement has informed the development of the draft Mrs York’s Garden Master Plan.

 

Subject to endorsement by Council, it is proposed to exhibit the plans for an extended period between 14 December 2018 and 25 January 2019. This is to compensate for the exhibition period including the Christmas and New Year holidays.

 

Community engagement strategies to broaden awareness of the draft Master Plan will include:

 

·    A dedicated ‘Have Your Say’ project page

·    On-site signage

·    Social media posts

·    A community drop-in session at Mrs York’s Garden.

 

A report outlining community feedback provided during the public exhibition period will be the subject of a report for consideration at the March 2019 Ordinary Council Meeting.

 

Planning & Policy Implications

 

A majority of works identified in the draft master plan are considered as Exempt Development or Development permitted without consent as identified in sections 65 and 66 of State Environmental Planning Policy (infrastructure) 2007.

 

Allman Hill Burying Ground at Port Macquarie is of State Heritage Significance as a place of historical, social, architectural, cultural, archaeological and aesthetic significance for the Hastings region and the State of New South Wales. On this basis, no excavation is permitted and identified works will be limited to above ground.

 

Financial & Economic Implications

 

$50,000 has been allocated for the purpose of developing the Mrs York’s Garden Master Plan and approvals required to allow for the scope of works to be delivered.

 

A priority schedule and indicative costs for the scope of works will developed to support implementation of the Master Plan. This information will be developed in consultation with FMYG.

 

Attachments

 

1View. Master Plan - Mrs York's Garden - Preliminary Site Analysis Plan - Final DRAFT

2View. Master Plan - Mrs York's Garden Overall Masterplan - Final DRAFT

3View. Master Plan - Mrs York's Garden - Detail Plan North - Final DRAFT

4View. Master Plan - Mrs York's Garden - Detail Plan Central - Final DRAFT

5View. Master Plan - Mrs York's Garden - Detail Plan East - Final DRAFT

6View. Master Plan - Mrs York's Garden - Sections A & B - Final DRAFT

7View. Master Plan - Mrs York's Garden - Sections C, D & E - Final DRAFT

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          10.02

 

Subject:     Future Strategy for 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 information presented in the report.

2.       Deliver Tastings on Hastings in October 2019, based on the 2017 format.

3.       Cease organising Tastings on Hastings from 2020, and invest in other, local events through the establishment of a ‘Local Grown’ event category as detailed in Option C within the report.

 

 

Executive Summary

 

Following the 18 April 2018 Council resolution to not deliver a Tastings on Hastings event in 2018, Council staff focused efforts on the successful delivery of the 200 Together Bicentenary event on Sunday 28 October on Town Square and Green.  Whilst attendance was affected by weather conditions, this event was a great success and demonstrated the value in bringing together some 13 community groups to showcase their work, as well as entertainment, food and market stalls with local heritage and cultural activities.

 

With regards to the future of Tastings on Hastings, community engagement has been undertaken to seek community views on the Tastings on Hastings event, to understand the elements of Tastings which are most valued by our community and the consider the potential for future Council ‘marquee’ events focus.  Broadly, this engagement process attracted strong participation from Tastings on Hastings attendees who felt it is important for Council to continue to deliver Tasting on Hastings with a strong focus on delivering an event with food and alcohol.

 

There is no right answer to delivering events and Council will need to consider the options for the future of Tastings on Hastings that include;

·    continuing with the event in a similar format to 2017;

·    developing a new format for the Tastings on Hastings Event

·    not deliver Tastings on Hastings and as an offset;

direct Council support to a range existing events across our region including a increased focus on developing Artwalk as a unique cultural event to become our primary community and destination event;

or continue with a Bicentenary style or community celebration event.

 

Discussion

 

Council will recall considering the future of the Tastings on Hastings event during early 2018, and ultimately at the 18 April 2018 Ordinary Council meeting it was resolved;

 

 

10.02 TASTINGS ON HASTINGS

 

 

RESOLVED: Cusato/Hawkins

 

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 with the intention that Council continue to deliver the Tastings on Hastings event from 2019 onwards.

CARRIED: 7/0

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

AGAINST: Nil

 

This report seeks to address the resolution of 18 April 2018 and provides an update on various matters stemming from that resolution.

 

2018 Bicentenary Event

The 200 Together Bicentenary event was successfully delivered on Sunday 28 October on Town Square and Town Green.  Whilst attendance was affected by the overcast and showery weather conditions, this event was considered a great success and demonstrated the value in bringing together some 13 community groups to showcase their work, as well as entertainment, food and market stalls with local heritage and cultural activities.

Over 3000 people enjoyed local entertainment on the Town Green stage, Birpai Barray Aboriginal Experiences, offerings from local food vendors, a range of market stalls offering local art and craft, and engagement with local community groups.

Feedback around the event indicated great support for the event as a way to share with the community what and who our local community champions are and highlight our history. There was some constructive feedback on the layout that would need to be considered for future events, but those that attended enjoyed the mix of stalls, entertainment and food offerings.

With Bicentenary celebrations identified to occur over the coming three years through to 2021, an option to continue with such a community cultural and heritage event of this nature exists.

Council received positive feedback from many members of the community as well as stall holders and food vendors about the event. Of most note was the positive feedback we received from the various community groups that attended on the day as often these groups have limited exposed to large number of our community and support and interest that they gauged on the day was outstanding. This feedback points to some of the unique value that can be offered by such a community focused event.

 

Tastings on Hastings Engagement Summary

To address the potential need and form of future events, community engagement on Tasting on Hastings was undertaken in October and November 2018. This included an online survey on Have Your Say as well as static displays in Council’s Libraries and a pop up survey in the Port Macquarie CBD.

Some 172 community members took the opportunity to have their say on the Tastings event during the engagement period.  This was a combination of online engagement, face to face engagement and submissions to Council.

 

Have your Say – Summary report

 

The results indicate 149 who provided feedback have attended Tasting on Hastings and most also regularly attend events such as Slice of Haven, the Foreshore Markets and to a lesser extent Blues and BBQ Festival and a rage of other regular local markets which offer local food, beverages and produce.  The vast majority of respondents feel it is important for Council to continue to deliver the event.

 

When questioned around the element of the event which are most important to them, the competitions, such as the Bio-cup and eating competitions and satellite events rated highest, with strong importance also on food workshops, a licenced event, cultural elements, a family friendly event, market stalls and low-cost entry.  Interestingly, ‘support to local producers’ rated lowest on the importance – perhaps an indicator that locals feel they have good access to local producers via a range of regular outlets/market opportunities. 

 

The local produce, food and wine/beer event environment

In 2002, Tastings on Hastings was born of the desire to promote the region’s producers, from relatively humble beginnings as a large farmer’s-style market at the Port Macquarie Racecourse.  At this time, the region had few, if any, alternative options for producers to display, promote and sell their products.  Fifteen years on, Council has successfully delivered Tastings on Hastings each year (up until 2017), and the event has grown considerably. In recent years and with a new CBD location, it has attracted up to 14,000 attendees and requires significant investment of funds and staff resources to deliver.

In recent years, the food and beverage scene in the region has flourished, with many markets and festivals now having a strong foodie focus and providing an opportunity for producers, food and beverage manufacturers and artisans to exhibit and sell their products.  These include both recurring/regular events and those which may only be annual or adhoc such as:

 

·    Slice of Haven

·    Oysters in the Vines

·    Twilight Food Market

·    Twilight Tastings Wauchope

·    Artwalk

·    Beef in the Vines

·    Landcare Farmgate Tours

·    Blues and BBQ Festival

·    Golden Bean

·    Foreshore Market

·    Artists Market

·    Wauchope Farmers Market

·    Real Food Market

·    Laurieton River Walk Markets

·    Kendall Showground Markets

·    Port Macquarie Art Society Market Bazaar

·    Pappinbarra Grown & Gathered Community Market

·    Comboyne Agricultural Show

 

As noted above and by Councillors earlier this year in considering the April 2018 Council report, the landscape has changed significantly since Tastings on Hastings originated.  The region’s producers now have a range of local opportunities to promote, exhibit and sell.  The proliferation of regional food and wine festivals means that it has become increasingly difficult to differentiate Tastings on Hastings in a crowded market.  Attracting sponsors, volunteers, stallholders and media has become increasingly challenging, and the introduction of an entry fee and increased stallholder fees has been needed to offset rising event costs.  The addition of ‘Tastings Ignites’, ‘Fire Water Harvest’ and a series of satellite events over the past few years has been a welcome refresh to the format, however events tend to have life-cycles, and it is possible that without a significant investment of resources, Tastings on Hastings has peaked.   Whilst Council can likely continue to deliver the event at recent community/visitor participation levels, there is a question over whether this is the best use of our limited resources, especially when it can be argued that the event is competing directly against like volunteer led events such as Slice of Haven.

 

Some of the key challenges facing Council in determining whether to deliver Tastings on Hastings is the community sentiment around the event which includes:

·    Tasting on Hastings is a much loved community event and acts as an important opportunity for our community to come together;

·    Tasting on Hastings is highly resource intensive, and Council is not in the business of large scale event delivery, although there could be an argument for Council involvement in the development of a unique signature event for the region (which Tasting on Hastings is not);

·    Expectations around event delivery are now high-spec and sophisticated (and expensive);

·    The introduction of a $5 cover charge to assist with rising costs has been controversial and engagement suggests our community wants a fee free event;

·    There are now a large number of ‘foodie’ related events in the region;

·    Council should be providing additional support to community-led events in this category, rather than competing with like events;

·    Events have lifecycles, and Tastings is at ‘Maturity’ (and should cease before it moves into ‘Decline’).

 

Future Options

Option A – Invest in Tasting on Hastings and continue with successful 2017 format

 

The Tastings on Hastings 2017 format is a good reflection of what the community has said is important to them in recent engagement.  Should this options be deemed most appropriate, it is proposed the event be delivered by a contracted specialist event manager, noting the significant impact organising such an event has on Council resources and the Community Place team’s current priority focus on Community Planning.

 

As noted comprehensive engagement with event visitors and stakeholders in recent years and more recently in the last month 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. 

 

The costs to deliver events is rising. With Tastings on Hastings in 2017 the event was delivered within the budget, however the hidden cost of staff time hides the true cost of the overall event. With community angst at the entry fees, sponsorship dollars harder to procure and the rising cost of infrastructure to manage the event, Council needs to consider the budget requirements of continuing with the event.

 

Event expenditure for Tastings on Hastings 2017 was lower than 2016 levels. The expenditure was managed and delivered within and under budget. Noting that there was significantly reduced sponsorship, and due to the smaller site restrictions, limited opportunities for stallholders compared to previous years, income levels were not met to projected levels, in particular with cash sponsorship, which resulted in an anticipated net cost to Council of $47,480, compared to a budgeted cost of $51,700. 

 

Staff time for the event itself was captured in the net cost to Council, however and additional cost of Council staff time ($27,500) was provided in-kind in the months leading up to the event.

 

It is anticipated that the net cost to Council for Tastings on Hastings would rise significantly from recent year figures ($40,000-$60,000), using a contracted event manager, however, this would ensure Council staff resources can maintain their current focus on Community Planning and implementing the Cultural Plan and the Community Inclusion Plan.

 

 

Option B - Invest in Tasting on Hastings with development of a new event strategy

 

Tastings on Hastings 2019 provides us with a great opportunity to build on the success of the much loved community event and to add new exciting and unique elements that will create a point of difference for the event to differentiate it from all the other food and wine festivals across the North Coast. With a key goal to attract more locals to our CBD as well as appeal to visitors to draw more people to our wonderful place.

 

If Council were to consider this option the event format would need to be developed by February 2019 and reported back to Council. This would be a tight timeframe to deliver the event in October 2019.

 

 

Option C - Cease Tastings on Hastings and invest in other, local events

 

Given the constraints previously outlined, it is proposed that Tastings on Hastings, in its current format, be retired (rather than risk a slow decline or cost increases). However, it is a much loved community event, and Council should continue to prioritise events which celebrate our place, our people, and our producers. Rather than deliver an event which competes with other local events, or reinvent the wheel, it makes sense to further support, capitalise on and leverage some of the fantastic events in the food/wine/arts category which are already thriving in our region.

 

It is proposed that a portion of the existing Tastings on Hastings budget be redirected to a new ‘Local Grown’ sponsorship category set up to support and sponsor local events including those in the food/wine/arts category.  Council would conduct an expression of interest process, inviting event owners to apply for sponsorship and demonstrate how they would promote the destination as well as undertake robust data collection around visitation and satisfaction. Council would look to provide some marketing support for these events, along with leveraging opportunities for Council community engagement at the events.

A list of potential events which could potentially fit into a new ‘Local Grown’ sponsorship category is contained earlier in this report.

 

Option D - Cease Tastings on Hastings and run an annual Bicentenary/ Community celebration to 2021

 

After receiving positive feedback about the community aspect of the Bicentenary event the proposal would be to run a community focused family friendly event that brings together our community groups with food and entertainment to activate town green/ Town Square once a year. This would be an opportunity for community groups, Heritage Groups, Cultural Groups to showcase what they do in the community, share stories and garner support of find new volunteers. Over the next 3 years the focus could be on the Bicentenary and beyond that themed depending on community interest, key dates within the region. The budget for this event would be similar to this year’s event of around $30,000 and would be developed, planned and managed by Council with Community input.

 

As detailed within the report, there are a number of issues to be considered in Council continuing to run Tastings on Hastings. 

 

Given the existing point 4 of the resolution of Council from 18 April 2018: “Request the General Manager table a future strategy for Tastings on Hastings at the November 2018 Ordinary Council meeting with the intention that Council continue to deliver the Tastings on Hastings event from 2019 onwards.”, staff are recommending that Tastings on Hastings be run during 2019 as a final event. 

 

It is then further recommended cease organising Tastings on Hastings and look to sponsor other ‘Local Grown’ events using the funding currently set aside for Tastings on Hastings.

 

Options

 

As detailed within the report, Council could consider a number of options in relation to the future of Tastings on Hastings. The most relevant appear as follows, however Council also has the option of developing another option not identified below:

 

a)   Resume Tastings on Hastings in current format from 2019 onwards

b)   Resume Tastings on Hastings in a different format from 2019 onwards

c)   Retire Tastings on Hastings and provide increased support to other, local events

d)   Retire Tastings on Hastings and run an annual Bicentenary/Community celebration to 2021

 

The recommendations presented as part of this report contain parts of both option A & C. 

 

The current resources, physical and financial required to meet the existing Tastings on Hastings format is significant.  Given the number of high quality foodie events listed within this report, it is considered that a more equitable approach to future events would be achieved through the reallocation of the existing budget for Tastings on Hastings to support other existing and future events.

 

Should this be adopted, a new event sponsorship category ‘Local Grown’ would be required to be established to allocate the funding available over future years.

 

Community Engagement & Internal Consultation

Council has undertaken extensive engagement on the Tastings on Hastings events over the years.

 

A recent engagement on the event was undertaken through October/November to gauge public opinion on the future of the event. Engagement activities included online survey on Have your Say from 20 October to 18 November, 2018, with the static displays and surveys, at our Libraries. The pop up survey was undertaken in the CBD on 25 October and at the Bicentenary Event on 28 October, 2018 for which we got 38 responses.

 

We received 198 responses to the survey the results were as follows:

 

·    88% of responders had attended Tastings on Hastings;

·    91% of them would return to a Tastings event;

·    80% would like a future event with a food and alcohol focus, followed by 42% for Music and Entertainment and then 36% with a community/social focus;

·    79% believe that it is very important that Council continue to deliver Tastings on Hastings;

·    89% of survey responders identified as community members, 25% as market customers, 17% as Local businesses10% as other;  and

·    The majority of responders in the 26-55 year age bracket.

 

Internal Engagement

·    Economic Development

·    Community Place

·    Recreation and Buildings

 

External Engagement

·    Local Producers

·    Tourism Association

·    Community

 

Planning & Policy Implications

 

Depending on the resolution adopted, planning and policy implications could exist.  The level of staff resources required to assist in organising the event could impact on other existing operational plan priorities and programs.

 

Financial & Economic Implications

 

Note financial implications of future Tastings on Hastings or other determined options would need to be considered in 2019/20 budget process.

 

Based on experience, budget uplift will be required for a Tastings on Hastings event coordinator, should one be able to be engaged.

 

Depending on the resolution, further financial and economic impacts will be experienced, however the quantum of those impacts are unknown at this time.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          10.03

 

Subject:     Port Macquarie-Hastings Council Disability Inclusion Action Plan 2017-2018 Annual Progress Report

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.2.1 Support and advocate for all community sectors.

 

 

 

RECOMMENDATION

 

That Council note the information in the Port Macquarie-Hastings Council Disability Inclusion Action Plan 2017-2018 Annual Progress report.

 

Executive Summary

 

Port Macquarie-Hastings Council recognises that it has a unique role in promoting active community participation, reducing disadvantage, strengthening community wellbeing and celebrating diversity in the Community. To help achieve these goals, Council has the adopted Disability Inclusion Action Plan which is mandated by the State government, but only deals with one aspect of inclusion.

 

In June 2017 Council adopted a Disability Inclusion Action Plan 2017-2021 which commenced on 1 July 2017. The Plan is mandated by State Government under the NSW Disability Inclusion Act 2014 and requires all NSW Local Councils to have a Disability Inclusion Action Plan (DIAP) that lasts for four years and has a focus on four areas:

-     Developing positive attitudes and behaviours in our community;

-     Creating communities that are liveable and accessible;

-     To develop a more disability-friendly workplace; and

-     Improve systems and processes that will help people with disability use our services.

 

The DIAP is required to be reported on annually to Council and then in the fourth (and final year) the Plan is also required to be reported to NSW Parliament.

 

To ensure we are a truly inclusive community Council is also developing a Community Inclusion Plan which outlines our vision and associated actions to achieve an inclusive community for all. The Plan focuses on the needs of young people, seniors, Aboriginal and Torres Strait Islander people, volunteers, those with a disability and people from diverse backgrounds and cultures and will develop ways we can change current practices to create an inclusive place. Currently it is a legislative requirement that the DIAP is a standalone document. In the near future Council’s Disability Inclusion Action Plan (DIAP) will sit alongside the Community Inclusion Plan. It is envisaged over time that the DIAP will become integrated into Council’s Community Inclusion Plan.

 

 

Discussion

 

Council has continued to deliver on the Disability Inclusion Action plan and a progress report is presented which highlight our progress against the 1st year of the Plan (Attachment 1).

 

Key Highlights include:

·    the installation of new wheelchair friendly amenities at Shelly Beach and at Aqua Crescent Lake Cathie;

·    installation of a liberty swing at Town Beach

·    a new wheelchair ramp at Wauchope Library; and

·    a strong  and dedicated Access Committee.

 

Through the development and implementation of the DIAP we have seen a concerted efforts across the whole organisation to be more disability-friendly in everything we plan, build, write, say and do.

 

This plan is important for our growing community as within the Port Macquarie Hastings local government area, 5,797 of our residents or 7.4% of the population identify as having a disability. This compares to the NSW average of 5.4%. An emerging age group of increased disability is our local children aged 9 years and younger with a 3% increase in disability compared to the census in 2011. At the other end of the age scale, we have the second highest prevalence of dementia in NSW with 2,295 of our residents in 2018 living with memory loss.

 

The current legislative requirements are:

·    NSW councils to prepare a DIAP by 1 July 2017

·    Consulting people with disability must be undertaken and documented as part of the planning process

·    Councils must give a copy of the DIAP actions to the Disability Council NSW

·    Councils must report on implementation of their DIAP in their Annual Report, and forward a copy to the Minister

·    Council must review their DIAP every four years.

 

The implementation of the actions with in the Plan helps Council focus on and create a more inclusive and disability- friendly community and workplace.

 

Options

 

That Council seeks additional information regarding the progress of the Disability Inclusion Action Plan 2017-2021.

 

Community Engagement & Internal Consultation

 

The DIAP implementation continues by working across the organisation.

 

The Access Sub-Committee was engaged in reviewing the draft progress report and congratulated Council on the first year of delivering the Plan. The Access Sub-Committee Minutes of 7 August 2018 Item 05.05 recommends a simple English Fact Sheet be created to report to the Community on the first year of the delivery of the DIAP and a media release be issued which promotes to the community the access achievements.

 

Planning & Policy Implications

 

This activity is consistent with the NSW Disability Inclusion Act 2014 and Council’s 2017-2021 Delivery Plan Objective 2.3.1 Ensure access to community facilities and activities: including access to natural environment.

 

Financial & Economic Implications

 

The annual Disability Discrimination Act budget of $101,500.00 for 2017/18 has been increased to $106,100.00 for 2018/19. This funding is for accessible works in the Recreation and Buildings portfolio.

 

Council staff seek advice on priorities out of the DIAP from the Access Committee for projects. The Access Committee suggestions that are being supported by the Council works program include allocations of $50k for the wheelchair carousel and playground fencing at the Lake Cathie Foreshore playground; $13k for a wheelchair ramp at Wauchope Library, $30k for an accessible toilet at Comboyne Community Hall and $10k for a new wheelchair friendly picnic setting and footpath at Shelly Beach.

 

The Access Sub-Committee was funded for $1900 which was for wheelchair-accessible taxis, catering, car park audits, bus stop audits and visiting businesses throughout the 12 months.

 

Attachments

 

1View. 2017-2018 Disability Inclusion Action Plan Report

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          10.04

 

Subject:     Recommended Items from the Mayor's Sporting Fund Sub-Committee - November 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.       Grant Matthew Catania the amount of $450.00 to assist with the expenses he will incur travelling to and competing at the Australian All Schools Athletics Championships to be held in Cairns from 7th – 9th December 2018.

2.       Grant Ian Matthews the amount of $150.00 to assist with the expenses he incurred travelling to and competing at the FFA National Championships held in Coffs Harbour from 24th September – 28th September 2018 inclusive.

 

 

Executive Summary

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

 

Attachments

 

1View. Extract from MSF November Meeting Minutes - Item 5 and Item 8 

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          10.05

 

Subject:     Cultural Plan 2018 - 2021  -  Allocation of Funds

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.5.1 Support cultural activities within the community.

 

 

 

RECOMMENDATION

 

That Council give consideration during the 2019-2020 draft Operational Plan development for an additional budget allocation of $220,000 to deliver the actions in the Cultural Plan.

 

Executive Summary

 

Port Macquarie-Hastings Council adopted the Cultural Plan, in September 2018, showing it is committed to ensuring arts, heritage and culture play a strong role in the development of the Port Macquarie-Hastings region’s future.

 

Council currently plays a major role in delivering cultural services across the region, and is supported by the ever-growing number of community organisations, events and activities that contribute to ensuring that we have a vibrant and culturally connected community. Council also has a leadership role in assisting the growth and development of arts and cultural activity. 

 

This Cultural Plan identifies the underpinning strategies, frameworks and actions that will drive and support cultural development within the Port Macquarie Hastings region for the period 2018 – 2021.  The Plan focus’s Council’s actions to create the right environment for growth within the cultural sector contributing to the long term development of our place and this requires additional funds to achieve.

 

Discussion

 

Council plays an important role in leading and facilitating the cultural fabric of the region, enabling the right environment to support creative and cultural industries to thrive. 

 

A draft budget was developed for consideration by the Cultural Steering Group, to enable the delivery of Cultural Plan Actions and strategies identified.   The initial budget proposal, was then refined with feedback from the Cultural Steering Group, to identify the key priorities within the plan that were achievable within the current framework.

 

The Cultural steering Group meet on the 7 November, Agenda item 7 was to discuss budget allocation for 19/20 the committee made the following resolution:

From that resolution it is proposed that the additional Budget Bids for the following projects be endorsed to be considered in the 2019/2020 financial year.

 

Cultural Economy Plan

Budget Bid: $70,000

Strategies: Identify & harness the potential of our Cultural Economy

Raise the skills and capacity of our local creative to foster a vibrant Cultural Community

Cultural Plan actions: 1.1, 1.6, 1.7, 4.5, 3.6

1.   Engage a consultant to undertake a cultural mapping process including an audit of our venues, people and places with the local government area.

2.   Undertake research into the current economic contribution that the cultural/creative sector makes to our area. (Building our profile and research)

3.   Develop a cultural and Creative Economy Plan, looking at the following key drivers:

 

Through the development of this key data and information, it should inform future planning for the Cultural Tourism sector and cultural strategies moving forward.  The additional research should also provide key avenues for further support for funding opportunities from State and Federal sector.

 

Public Art – Maintenance & Implementation

Budget Bid: $75,000

Strategy: Improve social amenity through Public Art

Cultural Plan Actions: 2.5, 2.6, 2.7

$20,000 – Conservation and maintenance of existing works.

$55,000 – Implementation of new works at a key gateway sites – Airport redevelopment site, and other opportunities.

A number of public art pieces are currently in place across the local government area.  This funding would provide a maintenance vote to ensure that pieces are conserved as the original works were presented.  The addition of new works will add vibrancy to the cultural offering of the area

 

Cultural Development Grants

Budget Bid: $20,000

Strategy: Identify funding opportunities to support cultural outcomes

Cultural Plan Actions: 4.2

This is a new funding stream that specifically relates to Cultural Development.

The development of Arts and Cultural Development grants will be developed in line with Council’s current Smarty Grants process.  The purpose of the grants will be to ensure that artist and the Cultural Sector are making, creating new work and supporting creative projects that showcase our arts and cultural sector.  The funds will assist in the payment of artist’s fees, production costs and materials and the support for the presentation of the work created to the public. Guidelines and priorities may change and grants may be adjusted to ensure that they meet the cultural outcomes desired.

 

Aboriginal Cultural Development Programs

Budget Bid: $5000

Strategy: Work collaboratively with the cultural community sector to deliver identified Heritage Outcomes

Cultural Plan Action: 3.6 – Our Aboriginal Culture

Project: Welcome to Country acknowledgements at airport & entrance to Council Chambers.

 

Creative Precincts and Hubs Development – Engagement and design development

Budget Bid: $50,000

Strategy: Create, develop and maintain vibrant cultural paces and places to maximise opportunities for our community to participate in cultural activities across the region.

Cultural Plan Actions: 1.2 - Creative Precincts and Hubs

In 2009 - 2012 Council undertook extensive consultation with cultural and creative organisations to develop a new Environment and Creativity hub for the community on a site next to the Reclaim Water Facility on Ocean Drive. Concept plans, environmental studies and catchment management plans were developed and approved.

 

Recently, Council undertook further works to maintain the current DA, which plans to bring the site up to the required flood free levels required to build the facility. This has maintained the current Development application.

 

At present, the NSW State government has considerable funding to support the development and construction of new cultural infrastructure. 

 

Key feedback from the creative community continues to identify the lack of community workshops space and gallery space for artists, creative and the cultural sector to grow and thrive. This budget would allow for the redesign of the facility and additional consultation to meet the changing needs of our creative community.

 

Source: Developers Contribution S94, funds being currently collected for the Regional Community Arts Centre.

 

Other areas delivering Culture

 

Cultural services will continue to be delivered through existing channels via both the Library and Glasshouse respectively.  Additional support from through grant programs from both the State and Federal governments continue to be explored to develop and deliver aspects of the adopted Cultural Plan.

 

Options

 

Council has the option to consider these bids as part of the budget development for 2019/2020 or reject all or some of the bids as it deems appropriate.

 

Community Engagement & Internal Consultation

 

Internal engagement has taken place with the following:

- Cultural Steering Group;

- Economic and Cultural Development Portfolio Councillors;

- Relevant Council Group Managers;

 

External Engagement:

The Plan has undergone considerably community engagement in the planning, review and final version of the 2018 – 2021 Cultural Plan.

 

At the October and November meeting of the Cultural Steering Group has reviewed budget considerations for the 2019 – 2021 period and established key priorities for the following two years that are achievable within the timeframe.  The recommended budget allocation has been discussed with the Cultural Steering Group and who are requesting that Council consider the request as par to fhte Budget deliberations.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

There is potential for significant cultural, social and economic benefits to the Local Government Area if the outcomes identified in the adopted plan are achieved.

 

Whilst the delivery of cultural services through the Library and Glasshouse operational budgets will remain the same, and be supported through State and Federal funding opportunities, the implementation of key research and strategic documents and actions outlined within the plan require the additional finance to support the vision of the plan. 

 

Where possible and appropriate we will seek to apply for grants to support the Cultural activities as outlined in the Cultural Plan.

 

Summary of request for Funds:

 

Cultural Economy Plan                                                           $70,000

Public Art – Maintenance & Implementation                          $75,000

Cultural Development Grants                                                 $20,000

Aboriginal Cultural Development                                            $5,000

Creative Precincts & Hubs – Community Art Centre            $50,000

 

Total Request for Funds                                                         $220,000

                                   

If this funding is not approved, the identified actions within the Cultural Plan are at risk of not being delivered.

 

Attachments

 

Nil

 

 


AGENDA                                                                                Ordinary Council

12/12/2018









 

 

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

12/12/2018

 

 

Item:          11.01

 

Subject:     Draft EPBC Act Preliminary Documentation Assessment Report - Port Macquarie Airport Master Plan Implementation and vegetation clearing on Council owned land in the Thrumster Urban Release Area

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

3.3.1 Develop, manage and maintain Port Macquarie Airport as a key component of the regional transport network and continue to grow the airport’s contribution to the regional economy.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained in the Draft EPBC Act Preliminary Documentation Assessment Report for the Port Macquarie Airport Master Plan Implementation and vegetation clearing on Council owned land in the Thrumster Urban Release Area.

2.       Publicly notify and exhibit the Draft EPBC Act Preliminary Documentation Assessment Report for the Port Macquarie Airport Master Plan Implementation and vegetation clearing on Council owned land in the Thrumster Urban Release Area, in accordance with Section 95A(3) of the Environment Protection and Biodiversity Conservation Act 1999, from 13 December 2018 to 14 February 2019.

3.       Request the General Manager to consider a response to submissions following the public exhibition period prior to final assessment by the Australian Government Department of the Environment and Energy.

 

Executive Summary

 

In addition to the Port Macquarie Airport and surrounding lands Biodiversity Certification Agreement which was approved by the NSW Office of Environment & Heritage in August 2018 (and reported to Council in September 2018), Council is also required to seek environmental approval from the Australian Government Department of the Environment and Energy due to potential impacts on matters of national environmental significance (MNES) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

 

In December 2016, Council referred the proposed “action” (Port Macquarie Airport Master Plan Implementation and vegetation clearing on Council owned land in the Thrumster Urban Release Area – EPBC Ref: 2016/7842) to the Australian Government Department of the Environment and Energy (DotEE) for consideration under the EPBC Act.

 

In January 2017, the DotEE determined that the proposed action is a “controlled action” to be assessed by way of Preliminary Documentation.  The Draft Preliminary Documentation Assessment Report (as attached to this report) has now been prepared to enable further assessment and approval under the EPBC Act.

 

It is noted that the Draft Preliminary Documentation Assessment Report is generally consistent with the Port Macquarie Airport and surrounding lands Biodiversity Certification Agreement, with the information presented in a different format and with a different assessment methodology as prescribed by the DotEE under the Commonwealth EPBC Act.

 

On 15 November 2018, Council received a “direction” (as attached to this report) from the DotEE to publish the Draft Preliminary Documentation Assessment Report for public consultation, with public exhibition required to commence within 20 business days of the date of the notification (that is, by 13 December 2018).

 

Noting the upcoming Christmas – New Year holiday period, an extended public exhibition period is proposed with submissions to be accepted up until 14 February 2019.

 

This report seeks Council’s approval to place the Draft EPBC Act Preliminary Documentation Assessment Report for the Port Macquarie Airport Master Plan Implementation and vegetation clearing on Council owned land in the Thrumster Urban Release Area, on public exhibition in accordance with Section 95A(3) of the EPBC Act and the “direction to publish” issued by the DotEE.

 

Discussion

 

The Draft EPBC Act Preliminary Documentation Assessment Report refers to the same assessment area and scope as the NSW Government approved Port Macquarie Airport and surrounding lands Biodiversity Certification Agreement.  The proposed action includes the:

 

·    clearing of native vegetation associated with the implementation of the Port Macquarie Airport Master Plan (2010 and 2013) to meet revised CASA Code 4C aerodrome standards;

·    clearing of native vegetation to allow future residential and light industrial development of Council owned land in the Partridge Creek Residential, Partridge Creek Industrial, and West Lindfield neighbourhoods of the Thrumster Urban Release Area, located immediately south of the airport; and

·    establishment of a permanent on-site conservation area of 444.17ha including 301.88ha of primary and secondary Koala habitat and an additional 40-50 ha off-site conservation area comprising Blackbutt Tallowwood forest and additional Koala habitat.

 

More specifically the proposed action includes the:

 

·    clearing of vegetation for the widening (and ongoing maintenance) of the existing Code 3C 150m wide runway strip to a code 4C 300m wide runway strip;

·    ongoing establishment and maintenance of existing Code 3C 2% obstacle limitation surface (OLS) at each end of runway 03/21 (150m approach and 180m take-off surfaces), which includes clearing and lopping of vegetation on land within and surrounding the airport property;

·    widening and ongoing maintenance of existing Code 3C 2% OLS at each end of runway 03/21 to comply with CASA Code 4C aerodrome standards which includes clearing and lopping of vegetation on land within and surrounding the airport property;

·    potential future development/extension and/or relocation of critical aviation related infrastructure and facilities within the aviation uses precinct of the Airport to comply with CASA Code 4C aerodrome standards and cater for forecast growth in air services and passenger numbers, including (though not limited to) potential future Regular Public Transport (RPT) facilities, and a future parallel taxiway to the east of the runway;

·    clearing of native vegetation for the establishment of an Airport Business Park (new employment lands);

·    clearing of native vegetation for the establishment of flood free road access to the existing Airport between the Oxley Highway and Hastings River Drive via Port Macquarie Airport and the Airport Business Park and an upgrade to Boundary Street (the current access road to the Airport);

·    clearing of native vegetation to allow future residential and light industrial development on Council owned land within the Partridge Creek Residential, Partridge Creek Industrial, and West Lindfield neighbourhoods of the Thrumster Urban Release Area and establishment of associated roads and Asset Protection Zones (APZs); and

·    clearing of vegetation to allow the establishment of water and sewer easements to meet expected future needs of the Thrumster Urban Release Area and fire trails within the conservation areas to aid in strategic fire and conservation management.

 

Based on the information provided in the original referral, DotEE has considered that the following threatened species listed under the EPBC Act (MNES) are likely to be impacted by the proposed action and may require offsets:

 

·    Dwarf Heath Casuarina (Allocasuarina defungens) – Endangered;

·    Swift Parrot (Lathamus discolor) (SP) – Critically Endangered;

·    Koala (Phascolarctos cinereus) – Vulnerable;

·    Grey-headed Flying-fox (Pteropus poliocephalus) (GHFF) – Vulnerable; and

·    Green and Golden Bell Frog (Litoria aurea) (GGBF) – Vulnerable.

 

The Draft Preliminary Documentation Assessment Report provides a detailed assessment of the potential impacts on these and other species, and the mitigation, enhancement and conservation measures proposed to offset the impacts.

 

Specifically the Draft Preliminary Documentation Assessment Report highlights the conservation measures proposed under the approved Port Macquarie Airport and surrounding lands Biodiversity Certification Agreement.  This includes the permanent protection and conservation of a 444.17ha Biobank site within the assessment area, and an additional 40-50ha off-site conservation area comprising Blackbutt Tallowwood forest, Koala habitat and potential Grey-headed Flying-fox and Swift Parrot habitat. The combined on-site and off-site offset areas include approximately 350ha of primary and secondary Koala habitat, 360-370 ha of GHFF foraging habitat, 190-200 ha of potential Swift Parrot foraging habitat and 284.03 ha of potential GGBF foraging/breeding habitat. The conservation areas include 221.99 ha of three NSW Endangered Ecological Communities, 111.24 ha of State Environmental Planning Policy No 14 (NSW) wetlands, 70.55 ha of state and regional identified biodiversity links.

 

The Biobank sites provide for in perpetuity protection on title and fully funded in perpetuity conservation management with funds held in a NSW State Government administered trust account.

 

The Draft Preliminary Documentation Assessment Report also proposes some additional mitigation measures over and above the Biodiversity Certification Agreement to offset potential impacts to Allocasuarina defungens / thalassoscopica.

 

The Draft Preliminary Documentation Assessment Report and proposed offset strategy has been prepared in accordance with the principles in the Commonwealth Offsets Policy.  For each MNES species identified above, the required offset target is significantly exceeded by the proposed Biobank sites, other than for the Swift Parrot (91.75%) which will be subject to further assessment by DotEE following the proposed public exhibition period.

 

The Draft Preliminary Documentation Assessment Report (217 pages) is attached to this report.  To reduce the volume of this Council report the following Appendices (which refer to separate reference reports) have not been included, however these will be made available as part of the public exhibition documents:

 

·    Appendix A1 and A2: Airport and Thrumster Koala Plans of Management;

·    Appendix B: Airport Vegetation Management Plan;

·    Appendix C1 and C2: Indigenous Stakeholder Consultation;

·    Appendix D: Biocertification Credit Assessment Report and Strategy; and

·    Appendix H: Allocasuarina defungens / thalassoscopica taxonomic review paper.

 

Options

 

The requirement for the Draft Preliminary Documentation Assessment Report to be placed on public exhibition is prescribed under Section 95A(3) of the EPBC Act and the attached “direction to publish” issued by the DotEE on 15 November 2018.

 

Further assessment and approval of the proposed action will not be undertaken by the DotEE without public exhibition and consideration by Council of any submissions received.

 

Community Engagement & Internal Consultation

 

It is proposed to publicly notify and exhibit the Draft EPBC Act Preliminary Documentation Assessment Report for the Port Macquarie Airport Master Plan Implementation and vegetation clearing on Council owned land in the Thrumster Urban Release Area, in accordance with Section 95A(3) of the Environment Protection and Biodiversity Conservation Act 1999, from 13 December 2018 to 14 February 2019.

 

The extended public exhibition period takes into account the upcoming Christmas – New Year holiday period.

 

Copies of the Draft Preliminary Documentation Assessment Report will be made available to view at Council’s offices and Libraries in Laurieton, Port Macquarie and Wauchope.  Copies will also be available to view at the State Library of NSW – Macquarie St, Sydney, as well as online via Council’s haveyoursay.pmhc.nsw.gov.au website.

 

Following the public exhibition period, a further report will be presented to Council for consideration of the response to submissions prior to final assessment by the DotEE.

 

The draft Biodiversity Certification Assessment and Strategy was placed on public exhibition from 17 May to 16 June 2016, with a summary of the submissions received reported to Council on 10 August 2016.

 

Planning & Policy Implications

 

As with the Biodiversity Certification Agreement, the approval under the EPBC Act is critical to the long-term implementation of the Port Macquarie Airport Master Plan.

 

Financial & Economic Implications

 

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

 

The financial and economic implications associated with the Port Macquarie Airport and surrounding lands Biodiversity Certification Agreement were reported to Council on 19 October 2016.

 

The Draft EPBC Act Preliminary Documentation Assessment Report proposes some additional mitigation measures over and above the Biodiversity Certification Agreement to offset potential impacts to Allocasuarina defungens / thalassoscopica, an endangered species under the EPBC Act, at a cost over 5 years of up to $75,000.  These additional measures would be funded from the Airport Reserve.

 

Attachments

 

1View. Draft Preliminary Documentation Asessment Report (for exhibition)

2View. Department of the Environment and Energy - Direction to Publish

 

 


AGENDA                                                                                Ordinary Council

12/12/2018









 

 

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

12/12/2018

 

 

Item:          12.01

 

Subject:     Notice of Motion - Traffic Congestion Crisis - Oxley Highway, Port Macquarie

 

 

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Request the General Manager write to the Minister for Roads and the Member for Port Macquarie seeking an urgent response to the impending traffic congestion crisis on the Oxley Highway in Port Macquarie, notably at the intersection with the Pacific Highway, the intersection with Wrights Road, and the intersection with Lake Road, as described in the November 2018 Bitzios report.

2.       Request the General Manager immediately devise and implement a communications strategy to explain to our community what Council is doing to mitigate the Oxley Highway traffic congestion crisis at Lake Road, the Wrights Road roundabout, and at the Pacific Highway interchange.

3.       Request the General Manager report back to the February 2019 Council meeting with:

(a)     Responses from the Minister for Roads and the Member for Port Macquarie. 

(b)     Results of communications strategy.

4.       Send a copy of all correspondence all local State and Federal election candidates for the 2019 elections.

 

Comments by Councillor (if provided)

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          12.02

 

Subject:     Question From Previous Meeting - Legal Advice on Water Fluoridation

Presented by:  General Manager, Craig Swift-McNair

 

 

 

 

 

RECOMMENDATION

 

That Council note that the General Manager will be seeking legal advice on the matter of fluoridation of the public water supply in early 2019.

 

Question from Councillor Intemann:

 

There continues to be community objection to the fluoridation of our public water supply and in April 2018, Council adopted a watching brief on the legal issues.

Specifically ‘Lusk v Tong and Commonwealth Ombudsman’ concerns the need for registration and licensing the manufacture of fluoridated water under the federal Therapeutic Goods Act 1989.

As fluoridated water is intended for consumption in preventing a disease or ailment in persons, namely tooth decay, it seems obvious that it should be defined as a therapeutic good under the Act, requiring registration. However the court finding has been delayed long past the time normally expected.

As Council adds fluoride under instruction from NSW Health, storing it in dams, and as fluoridated water seems obviously a therapeutic good, it would seem prudent to seek assurance from NSW Health that the NSW Government will indemnify or otherwise shield PMHC from prosecution under the Therapeutic Goods Act 1989 with respect to fluoridated water.

Could the General Manager please consider getting legal advice on these matters, with a response provided either now or back to the December Council meeting?

Comments by Councillor (if provided):

 

Nil.

 

Response

 

As indicated verbally by the General Manager at the Council meeting on 21 November 2018 when the above question was asked, the General Manager has now given consideration to obtaining legal advice on the matter of fluoridation of the public water supply and has decided to seek this advice in early 2019, following the development of a suitable brief of information to be provided by the General Manager to the selected legal advisors.

 

Please note that following the 21 November 2018 Council meeting and the above question, the General Manager wrote to the Therapeutic Goods Administration (TGA) at the end of November 2018, seeking clarification on the TGA’s position that fluoridated drinking water is not therapeutic goods within the definition of that term in the Therapeutic Goods Act 1989 and specifically whether this refers to fluoridated reticulated water supply, which is what this Council supplies.

 

Further, the letter seeks to clarify that if the position statement of the TGA does refer to fluoridated reticulated water, then a request has been made that the TGA respond by identifying the reason or reasons for the TGA declaring fluoridated reticulated drinking water not to be ‘therapeutic goods’ according to Section 3(1) paragraphs (c) - (h) in the definition of that term found in the Therapeutic Goods Act 1989. 

 

A copy of the above-mentioned letter is attached for your information.

 

Attachments

 

1View. Correspondence - General Manager to Therapeutic Goods Administration - 2018 11 30

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          12.03

 

Subject:     Land Acquisition - Intersection of Doyles Road and Rollands Plains Road, Ballengarra

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

4.4.2 Develop and implement annual maintenance and renewal programs for transport assets.

 

 

 

RECOMMENDATION

 

That Council:

1.       Pay compensation in the amount of $7,850 (GST Exclusive) to the owners of Lot 1 DP1245746, J W & J Thompson, for the acquisition of part Lot 1 DP1245746 more particularly described as Lot 1 in plan of acquisition DP1246538.

2.       Delegate authority to the General Manager to execute, electronically or otherwise, all documents associated with the land acquisition including but not limited to any authorisation form as required by the Electronic Transactions Act 2000.

3.       Pursuant to Section 10 of the Roads Act 1993 dedicate Lot 1 DP1246538 as public road.

 

Executive Summary

 

Throughout the Port Macquarie-Hastings Local Government Area, road base materials are stockpiled in rural areas to facilitate the maintenance of the rural road network.

 

A recent audit of stockpile sites has revealed that the existing stockpile site at the intersection of Doyles Road and Rollands Plains Road at Ballengarra, whilst sitting outside of the fenced property boundary, is none-the less located on private land.

 

The owners of the land at this location have agreed to a land acquisition to remedy this situation.

 

This report deals with the land acquisition and recommends the payment of compensation to the landowners.

 

Discussion

 

To facilitate the maintenance of Council’s rural road network a number of sites spread across the local government area are used for the stockpiling of materials. An audit of sites has indicated that the site used as the intersection of Doyles Road and Rollands Plains Road at Ballengarra is not within the existing surveyed Council owned road network.

 

The owners of the land occupied by the Ballengarra stockpile, J W & J Thompson, have agreed to Council acquiring that part of their property, part Lot 1 DP1245746 required for the stockpile.  The land to be acquired has been surveyed with Lot 1 in plan of acquisition DP1246538 depicting the extent of land to be acquired.  A marked up copy of DP1246538 showing the land to be acquired is attached to this report.

 

Options

 

If the use of the Ballengarra stockpile site is to continue, there are no options other than to acquire the land.

 

Community Engagement & Internal Consultation

 

There has been ongoing consultation with the landowners.

 

There has been ongoing consultation between Council’s Infrastructure and Corporate Performance Divisions.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The land acquisition entitles the landowners to the payment of compensation.  Council’s Consulting valuer has assessed the fair market value of the land to be acquired in the amount of $7,850 (GST Exclusive).  An offer in this amount has been made to the landowners who have accepted the offer.  The acceptance of the offer is now reported to Council in order that the acquisition can be finalised.

 

Attachments

 

1View. Plan of Land to be Acquired

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          12.04

 

Subject:     Land Acquisition - 921 Hastings River Drive, Pembrooke

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

4.4.2 Develop and implement annual maintenance and renewal programs for transport assets.

 

 

 

RECOMMENDATION

 

That Council:

1.       Pursuant to Section 186 of the Local Government Act 1993 make application to His Excellency, The Governor, for the compulsory acquisition of Lot 50 Deposited Plan 1248785 for general operational purposes associated with the storage of bulk materials utilised in Council providing to the community, services and facilities and the carrying out of activities prescribed at Chapter 6 of the Local Government Act 1993.

2.       Exclude all mines and minerals from the compulsory acquisition of Lot 50 Deposited Plan 1248785.

3.       On acquisition of Lot 50 Deposited Plan 1248785 and pursuant to Section 34 of the Local Government Act 1993, commence the process to classify Lot 50 Deposited Plan 1248785 as “operational land” by placing on public exhibition the proposed resolution, “It is intended to classify Lot 50 Deposited Plan 1248785 (land at 921 Hastings River Drive, Pembrooke) as operational land”, for a minimum period of 28 days.

4.       Note that a further report will be tabled to a future Council meeting detailing any submissions received during the exhibition period.

5.       Pursuant to Section 377 of the Local Government Act 1993 delegate authority to the General Manager to execute, electronically or otherwise, all documents associated with the land acquisition included but not limited to any authorisation form as required by the Electronic Transactions Act 2000.

 

Executive Summary

 

Following the completion of construction of the Pacific Highway from the Oxley Highway intersection to Kundabung, the land situated at 921 Hastings River Drive, Pembrooke which was utilised by the Highway construction contractor as a site office, community information centre and concrete batching plant, has now been vacated.  The land, owned by NSW Roads and Maritime Services (RMS), is now surplus to their operational requirements and is not required for road purposes.

 

The acquisition of the surplus RMS land by Council provides an opportunity to secure land in a strategic location for Council’s ongoing operational requirements.  Council previously considered the proposed acquisition at the Ordinary Council Meeting held on 15 November 2017 and resolved as follows:

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE

OF THE WHOLE

RESOLVED: Intemann/Griffiths

That the undermentioned recommendations from Confidential Committee of the

Whole (Closed Session) be adopted:

Item 14.03 Proposed Acquisition of Part Lot 5 DP 211319 from Roads and Maritime 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

That Council delegate authority to the General Manager to commence negotiations with the Roads and Maritime Services for the Compulsory Acquisition by Agreement for Part Lot 5 DP 211319, 7909 Pacific Highway, Pembroke.

 

Please refer to the confidential attachment titled "Previous Confidential Report to Council 15 November 2017 regarding proposed acquisition” which contains information that relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993 section 10A(2)(d)(i)).

 

Following discussions with the RMS this report recommends compulsory acquisition by agreement of part of the RMS land situated at 921 Hastings River Drive at Pembrooke.

 

Discussion

 

To enable the construction of the section of the Pacific Highway between the Oxley Highway and Kundabung, the RMS acquired various land parcels.  Situated at what is now 921 Hastings River Drive Pembrooke, previously 7909 Pacific Highway Pembrooke, the RMS acquired Lot 5 DP211319 for the Highway construction contractor to use as its site office, a community information centre and concrete batching plant.  Part of Lot 5 DP211319 was also utilised for the highway. That part of Lot 5 DP211319 used by the Highway contractor has been securely fenced and improved with the addition of a sizeable concrete hardstand/paved area.

 

Following completion of the Highway construction, the site used by the contractor has now been vacated and the temporary buildings removed.  The terms of the development application for the site office and concrete batching plant required that the site be remediated at the conclusion of the highway construction.  Remediation includes the removal of the hardstand/paved area.

 

The location of the land and the sizeable hardstand/paved area provides a geographically strategic location for the storage of bulky materials used by Council in the provision of its service functions including water, stormwater, sewer and road construction/maintenance.

 

As not all of the original land parcel acquired by the RMS, Lot 5 DP211319, can be utilised by Council, a plan of acquisition has been prepared depicting that part of the original land parcel suitable for acquisition.  The plan of acquisition was registered on 23 November 2018 as Deposited Plan 1248785.  The area suitable for acquisition, Lot 50 Deposited Plan1248785 is situated between the former Pacific Highway (now renamed as Hastings River Drive) and the new Pacific Highway.  A plan showing the location of Lot 50 DP1248785 is attached.  Lot 50 DP1248785 comprises an area of 3.013 hectares.

 

Options

 

There is the option to:

 

1.       Acquire Lot 50 DP1248785 as recommended.

2.       Not acquire Lot 50 DP1248785.

 

Community Engagement & Internal Consultation

 

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

 

Planning & Policy Implications

 

Land purchases/disposals between Government Authorities are conducted by means of a process known as ‘compulsory acquisition by agreement’, as permitted by Section 30 of the Land Acquisition (Just Terms Compensation) Act 1991.  Agreement reached under Section 30 significantly reduces the time taken to acquire land.

 

Financial & Economic Implications

 

The landowner is entitled to the payment of monetary compensation for the acquisition of the land.  As a compulsory acquisition, the NSW Valuer General has the statutory responsibility to assess fair compensation, having regard to the matters listed in the Land Acquisition (Just Terms Compensation) Act 1991.  Compensation can only be assessed by the Valuer General once a Notice of Compulsory Acquisition has been published in the NSW Government Gazette.  The Valuer General does not provide pre-acquisition valuations to either the land purchaser or seller.

 

The acquisition of the land by Council provides a cost saving to the RMS in not having to remove the hardstand/paving and a reduced cost to Council in the future provision of a suitable area for the storage of bulky materials including stormwater pipes, drainage culverts, bridge girders and road maintenance materials.

 

Funding for the acquisition is available within the existing 2018/2019 Operational Plan allocation for the construction of a new works depot (1.3.4.4).

 

Attachments

 

1View. Confidential:  Previous Confidential Report to Council 15 November 2017 regarding proposed acquisition (Excluded from Agenda) (Confidential)

2View. Plan Showing Location of Land to be Acquired

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          12.05

 

Subject:     Transfer of Land to Council for Sewer Purposes - Leaders Way Wauchope

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.

 

 

 

RECOMMENDATION

 

That Council:

1.       Accept the transfer of land being that part of Lot 31 Deposited Plan 1228142, formerly in Lot 2 Deposited Plan 1110947, in Leaders Way Wauchope.

2.       Delegate authority to the General Manager to execute, electronically or otherwise, all documents including, but not limited to, any authorisation form as required associated with the transfer in accordance with the Electronic Transactions Act 2000.

3.       Pursuant to Section 34 of the Local Government Act 1993, commence the process to classify Lot 31 Deposited Plan 1228142 as “operational land” by placing on public exhibition the proposed resolution, “It is intended to classify Lot 31 Deposited Plan 1228142 as “operational land”, from 31 January 2019 for a minimum period of 28 days.

4.       Note that a further report will be tabled at the March 2019 Ordinary Council meeting detailing any submissions received during the exhibition period.

 

Executive Summary

 

This report is presented to Council to consider the transfer of land arising from the development of residential land off Pead Street, Wauchope.  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, that is, Council’s ownership.

 

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

 

Discussion

 

The development of the residential estate West of Pead Street, Wauchope required the expansion of an existing Council owned sewer pumping station, situated in Leaders Way.  At the time of the development, the original pumping station occupied Council owned land being Lot 1 in DP1110947.  The developer provided additional land being part of Lot 2 DP1110947 in order to provide an expanded footprint and capacity of the pumping station.  These two lots were then consolidated upon the registration of the survey plan for DP1228142 that created the new subdivision.  The expanded sewer pumping station became Lot 31 DP1228142.  The location of Lot 31 DP1228142 is shown in the attached plan.

 

Ownership of Lot 31 DP1228142 has remained part in Council’s name and part in the developer’s name.  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, DP1228142.  It is therefore necessary for the land owned by the developer to be formally transferred to Council and then classified to satisfy the requirements of the Local Government Act 1993.

 

Options

 

Given the land to be transferred contains sewer infrastructure, the land should be completely in Council ownership and classified as “operational land”.

 

Community Engagement & Internal Consultation

 

There has been consultation with the developer regarding the transfer of the land.

 

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 to Council at the March 2019 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. Land to be Transferred to Council Lot 31 DP1228142

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          12.06

 

Subject:     Recommended Item from Local Traffic Committee - Pedestrian Crossing - Bold Street, Laurieton

Presented by:  Infrastructure, Jeffery Sharp

 

 

Alignment with Delivery Program

 

4.5.2 Plan for infrastructure that supports population growth.

 

 

 

 

RECOMMENDATION

 

That Council endorse the Local Traffic Committee’s recommendation for a ‘pedestrian (zebra) crossing’ to be installed in Bold Street, Laurieton, between Tunis Street and Seymour Street.

 

Executive Summary

 

Bold Street, between Tunis and Laurie Streets, is the main road through the Laurieton town centre. There is significant demand for pedestrians to cross from one side of the road to the other. Formal crossing opportunities are facilitated by four pedestrian refuges – south of Tunis Street, south of Seymour Street, north of Laurie Street and south of Laurie Street – and one pedestrian (zebra) crossing midway between Seymour and Laurie Streets.

 

There is a clear need for a pedestrian crossing midway between Tunis and Seymour Streets. Council has received a number of requests from the community, including the Camden Haven Chamber of Commerce, to install a pedestrian crossing at this location. The frequency of these requests has increased since the opening of a new pharmacy in 2018 on the eastern side of Bold Street which generates significant pedestrian traffic across the road to the supermarket on the western side.

 

Council has received grant funding under the Stronger Country Communities Fund to construct a pedestrian crossing at the location shown on the following page. The works also involve kerb extensions, additional street lights and modification of parking layout, taxi stand, bus stop and loading zones in the vicinity of the crossing location. Detailed design of the works are currently in progress.

 

 

The Local Traffic Committee met on 31 October 2018 and reached consensus on Item 07 with the following resolution:

 

07        PEDESTRIAN CROSSING - BOLD STREET, LAURIETON

CONSENSUS:

That it be a recommendation to Council:

That a ‘pedestrian (zebra) crossing’ be installed in Bold Street, Laurieton, between Tunis Street and Seymour Street.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          12.07

 

Subject:     Recommended Item from Local Traffic Committee - 40 km/h High Pedestrian Activity Area - Wauchope Town Centre

Presented by:  Infrastructure, Jeffery Sharp

 

 

Alignment with Delivery Program

 

4.5.2 Plan for infrastructure that supports population growth.

 

 

 

 

RECOMMENDATION

 

That Council seek RMS approval of the final design of the scheme for a ‘40 km/h High Pedestrian Activity Area’ in Wauchope town centre.

 

Executive Summary

 

Speed limits in NSW are set by the NSW Roads and Maritime Services (RMS), in accordance with the NSW Speed Zoning Guidelines. All roads within Wauchope town centre currently have a 50 km/h speed limit. The road network includes High Street, which is the Oxley Highway (State road) and the main route through the town.

 

A 40 km/h High Pedestrian Activity Area (HPAA) is an area of high pedestrian activity, in town centres and near railway stations, bus interchanges and services such as medical centres. The maximum speed limit is 40 km/h at all times and makes drivers more aware of the presence of pedestrians moving about or near the road. This creates a safer road environment for all road users, particularly for pedestrians, cyclists and children. Such areas are signposted in accordance with the RMS guidelines (refer to Figure 1).

 

 

http://www.rms.nsw.gov.au/business-industry/partners-suppliers/signage/trafficsigns/images/r4-11_thumb.gif

Signs like this are used to clearly define the beginning of a 40km/h zone

 

Signs like this are installed on each exit road from the zone

Figure 1: Typical 40 km/h HPAA signs

 

The Wauchope Main Street Plan was adopted by Council in November 2015. The plan included a 40 km/h High Pedestrian Activity Area (HPAA) as described on the following page:

 

The approach taken in this project to deal with the emerging pedestrian and vehicular issues is to create a high pedestrian area with a forty kilometre speed limit for vehicles. In this system, traffic calming gateways, narrowed carriageways and illuminated speed indicator signs at each entry to the town centre will establish a 40 km/hr precinct. Redesigned intersections will minimise congestion by relocating crossings and improving traffic movements.

 

The Wauchope Main Street Plan included significant components of community consultation. The draft plan was publicly exhibited and the final plan adopted by Council. There is strong community support for the Wauchope 40 km/h High Pedestrian Activity Area.

 

The Local Traffic Committee met on 31 October 2018 and reached consensus on Item 09 with the following resolution:

 

09        40 km/h High Pedestrian Activity Area - Wauchope Town Centre

CONSENSUS:

That it be a recommendation to Council:

That a ‘40 km/h High Pedestrian Activity Area’ be installed in Wauchope town centre, subject to RMS approval of the final design of the scheme.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          12.08

 

Subject:     Recommended Item from Local Traffic Committee - 40 km/h High Pedestrian Activity Area - Port Macquarie Town Centre

Presented by:  Infrastructure, Jeffery Sharp

 

 

Alignment with Delivery Program

 

4.5.2 Plan for infrastructure that supports population growth.

 

 

 

 

RECOMMENDATION

 

That Council seek RMS approval of the final design of the scheme for a ‘40 km/h High Pedestrian Activity Area’ in Port Macquarie town centre.

 

Executive Summary

 

Speed limits in NSW are set by the NSW Roads and Maritime Services (RMS), in accordance with the NSW Speed Zoning Guidelines. All roads within Port Macquarie town centre currently have a 50 km/h speed limit with the exception of Gordon Street that has a 60 km/h limit.

 

A 40 km/h High Pedestrian Activity Area (HPAA) is an area of high pedestrian activity, in town centres and near railway stations, bus interchanges and services such as medical centres. The maximum speed limit is 40 km/h at all times and makes drivers more aware of the presence of pedestrians moving about or near the road. This creates a safer road environment for all road users, particularly for pedestrians, cyclists and children. Such areas are signposted in accordance with the RMS guidelines (refer to Figure 1).

 

 

http://www.rms.nsw.gov.au/business-industry/partners-suppliers/signage/trafficsigns/images/r4-11_thumb.gif

Signs like this are used to clearly define the beginning of a 40km/h zone

 

Signs like this are installed on each exit road from the zone

Figure 1: Typical 40 km/h HPAA signs

 

A 40 km/h HPAA for Port Macquarie was first proposed in 2016 as part of an investigation into measures to improve pedestrian facilities in the Port Macquarie town centre. The concept plan proposes a 40 km/h zone bound by (but not including) Gordon Street, Kooloonbung Creek, the Hastings River foreshore and Murray Street. Gordon Street is the main east-west through route and retention of a higher speed limit would encourage through traffic to pass around the periphery of the town centre rather than through the middle.

 

The proposed 40 km/h HPAA for Port Macquarie, in conjunction with other pedestrian facility improvements, was the subject of community consultation in June 2018. The engagement involved public exhibition at Council offices and libraries, Council’s Have Your Say web page, a pop-up session in the town centre and workshops with key stakeholder groups (Port Macquarie-Hastings Access Sub-Committee, Town Centre Master Plan Sub-Committee and Port Macquarie Chamber of Commerce). The consultation showed strong community support for the proposal.

 

The proposed 40 km/h HPAA for Port Macquarie was included as Item 12.03 at the Ordinary Council meeting of 21 November 2018 in the context of a suite of broader pedestrian safety improvements with the following resolution:

 

12.03 PORT MACQUARIE TOWN CENTRE - PEDESTRIAN FACILITY INVESTIGATIONS

 

That Council:

Partner with Roads and Maritime Services to implement a 40 km/h speed zone in the Port Macquarie town centre.

 

The Local Traffic Committee met on 31 October 2018 and reached consensus on Item 10 with the following resolution:

 

10        40 km/h High Pedestrian Activity Area – Port Macquarie Town Centre

CONSENSUS:

That it be a recommendation to Council:

That a ‘40 km/h High Pedestrian Activity Area’ be installed in Port Macquarie town centre, subject to RMS approval of the final design of the scheme.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

12/12/2018

 

 

Item:          12.09

 

Subject:     Ocean Drive Upgrade Lake Cathie - Community Feedback

Presented by:  Infrastructure, 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.       Adopt Section A - Miala Street to Fiona Crescent, as the highest priority construction stage.

2.       Retain the current design philosophy to allow for the easy duplication of the travel lanes, should they be required in future.

3.       Revise the design to include an on-street parking lane as requested by residents along Ocean Drive despite the loss of traffic efficiency.

4.       Change to the project scope to include the detailed design of the preferred first construction stage only.

5.       Actively seek grant funding to enable the construction of the upgrades as a high priority.

 

Executive Summary

 

As part of the 2017/18 Operational Plan (item 4.4.1.33 CW) Council commenced the detailed design of an upgrade to the Ocean Drive road corridor between Miala Street and Ernest Street in Lake Cathie.

 

A draft concept design and an associated construction cost estimate was developed by Council and subsequently community consultation was undertaken to receive feedback on:

 

·  The proposed concept design prepared by Council

·  Which section (A or B) they would prefer to see constructed first

 

The level of response during the community consultation period was relatively high with:

·  Two (2) petitions received – One with 232 Signatures encouraging Council to progress the project and the second with over 400 signatures opposing the current proposal to plan for four lanes to be constructed in future.

·    Thirty (30) submissions were received via postcards, email and CRM’s.

·    Forty six (46) submissions were received from the PMHC “Have Your Say” site.

·    1,100 people viewed the PMHC “Have Your Say” site.

·    238 people downloaded at least some of the documentation.

 

Feedback received was generally positive with the overwhelming majority of feedback stating that the upgrade to the road was needed as soon as possible however, some key issues were raised with the current proposal as follows:

 

·  A lack of parking for residents between Miala Street and Fiona Crescent.

·  Planning to construct four (4) lanes through Lake Cathie in future will create a negative outcome for the community over the short and long term.

·  No Traffic lights at the Woolworths Intersection.

·  Constructing a central median will limit residential property access.

 

Discussion

 

The aim of this project is to address the current poor condition of the road surface, improve traffic flow through the town, construct additional pedestrian and cyclist facilities and improve the general poor visual amenity of the road corridor through Lake Cathie’s central hub.

 

This project aligns with the DCP for the Lake Cathie – Bonny Hills Growth Area Road Design and Construction objectives (5.2.2.3) to provide for the safe and functional movement of all modes of transport along Ocean Drive. To provide equal access to all mobility groups along Ocean Drive, including public transport, pedestrian, mobility assistance vehicles and cycling.

 

A detailed design for the proposed upgrade was previously developed by Council in 2005 (refer Attachment 1) however, this design only covered the section of Ocean Drive from Miala Street to Fiona Crescent and was considered to be out dated due to the changes to the town and the road corridor since 2005. It was therefore decided to revise previous designs to meet the current standards and the needs of the community.

 

A draft concept design and an associated construction cost estimate was developed by Council with the aim of addressing the above mentioned issues. The updated design (refer Attachment 2) includes:

·    A single travel lane and cycle lane in each travel direction

·    Kerb and gutter and upgraded stormwater

·    Underground power

·    Shared pathways between the kerb and the property boundary on both sides of the road

·    A wide central median to allow for additional travel lanes to be constructed easily if required at some point in the future i.e. the kerbs, stormwater and services have been located in their ultimate position to avoid having to reconstruct them if additional travel lanes were required to be constructed in future.

 

The cost estimate to construct the upgrade as a single construction stage was $22,750,000. Due to the relatively high cost of the estimate, the construction works were then proposed to be split into two stages to ensure that it would be easier for Council to have the funds available to commence construction of at least one of the stages in the near future. The two construction stages identified are:

 

1.                Section A – Miala Street to Fiona Crescent - $12,650,000

2.                Section B – Fiona Crescent to Ernest Street - $13,600,000

 

Allowance for the future duplication of Ocean Drive

 

As stated above the proposed design includes a wide central median to allow the future duplication of the travel lanes from two (2) to four (4) if required. This proposal adds significant costs to the construction of the of the upgrades in the short term as widening the road pavement to allow for the additional travel lanes will require the relocation of a significant amount of services including power, water, Telstra and NBN. However, the proposal will save Council money in the long-term should the travel lanes be duplicated from in future.

 

Exact figures of the cost savings to Council by allowing for the efficient duplication of the travel lanes as part of this design have not been developed at this point however, it has been assessed that the costs would be less over the long -term as there would be minimal re-work required.

 

The current traffic volume on Ocean Drive through the study area is in the order of 7,300 vehicles per day on a typical weekday. According to the forecasts developed as part of the Area Wide Traffic Study based on future population, employment and land use data the weekday volume is expected grow to approximately 12,000 vehicles per day by the year 2036. This represents a traffic growth rate of about 3% p.a. for the next ten years as significant development occurs in the area slowing thereafter to about 2% p.a.

 

According to Austroads, the capacity of the subject section of Ocean Drive as a two lane road is in the order of 12,000 vehicles per day (it is noted that this figure is subject to various factors such as the performance of intersections, directional split between northbound/southbound, proportion of heavy vehicles, lane widths and on-street parking.). Once the capacity of the two lane road is exceeded it is expected that the duplication of the travel lanes from two (2) to four (4) lanes will provide a benefit in improving traffic flow and relieving congestion.

 

On this basis, duplication of the road is unlikely to be required for at least the next decade however, it is expected that it may be required at some point in the future. Council will continue to monitor the performance of the road corridor and update these traffic forecasts as new traffic count data is collected.

 

The need for the future duplication of Ocean Drive through Lake Cathie will also be considered in the future through future area wide studies and will only be considered if it is identified to be the most efficient upgrade option to relieve traffic congestion through Lake Cathie.

 

Removal of Parking Lane from the Design

 

The previous 2005 detailed design and the section of Ocean Drive previously upgraded between Miala Street and 1516 Ocean Drive immediately to the south contained a 3.5m wide parking lane to allow for the future duplication of the travel lanes (parking lane would become a travel lane).

 

The current design proposes that a cycle lane be constructed instead of on-street parking. This decision was made for the following reasons:

 

·   The existing parking bays between Miala Street and 1516 Ocean Drive appear to be under utilised

·   Provision of on-street parking is not typically provided on urban arterial roads and is typically only constructed in commercial areas

·   Residents have existing off-street parking

·   On-street carparking reduces the efficiency and safety of urban arterial roads

·   The trigger for additional travel lanes would be reached earlier if on-street parking were provided.

 

During the community engagement period (refer Community Engagement & Internal Consultation item 4) this was identified as a key issue with the design by the community due to the lack of parking that would be provided to residents. Residents raised that their current off-street parking within their property was not sufficient to cater for their family cars or when people were visiting. As there is limited room in the verge between the kerb and the property boundary, parking outside of their property on the verge would not be an option under the current proposal.

 

In order to address this concern it is recommended that the cycle lane be removed and a wide parking lane (3.5m) be constructed instead, as per the previous 2005 design. This option would provide parking for residents, allow for the future duplication of the travel lanes (parking lane will become a travel lane), if required and match the existing works previously constructed between Miala Street and 1516 Ocean Drive. Although the marked cycle is proposed to be removed, the wide parking lane will provide additional space for on-road cyclists (the minimum with for parking is 2.3m) improving safety for cyclists. 

 

This proposal will also mean that the travel lanes will likely be at a split-level and a retaining wall will be required within the central median between Miala Street and Fiona Crescent due to the increase in width of the pavement as per the 2005 design.

 

Community Engagement

 

Following development of the concept design Council undertook community consultation to gain feedback on the proposed design. During the consultation the community were asked to provide feedback on:

 

·  The proposed concept design prepared by Council

·  Which section (A or B) they would prefer to see constructed first

 

The details and outcomes of this community consultation period are presented in Community Engagement & Internal Consultation

 

Preferred Stage for Construction

 

Feedback on the preferred construction staging was sought from the community as no one Section could be clearly identified as the preferred first construction stage based on the information available to Council.

 

The benefits of constructing each stage are summarised in the table below:

 

 

Pros

Cons

Section A

·    Section A may be considered as the logical next stage as it would tie in to the previously constructed section from Miala Street to 1516 Ocean Drive.

·    Section A is the cheaper option

·    Approximately 90 residents front Ocean Drive through Section A

·    Section A currently has no kerb and gutter or footpaths

·    Section A will improve stormwater issues currently being experienced by residents on the western side of Ocean Drive and Fiona Crescent.

·    Section A provides less benefit to the wider community as fewer intersections are upgraded

Section B

·    Section B experiences higher pedestrian traffic volumes

·    Section B has a larger impact on the wider community as the significant Woolworths intersection would be upgrade

·    Section B comprises the central Hub of Lake Cathie

·    Section B already contains areas with kerb and gutter and footpaths

·    Minimal residents front onto Ocean Drive through this section

 

Community members were given the opportunity to vote on the Section that they would like to see constructed first. The results of this were as follows:

 

Section A: Fifty six (56) votes

Section B: Eighteen (18) votes

 

The general feedback from the wider community received during the community drop in sessions also supported the results of the vote. It is therefore recommended that Council adopt Section A as the first construction stage in the upgrade.

 

Detailed Design Scope

 

Following a Council resolution to progress the project (the subject of this report) it is recommended to revise the scope of the design to continue with the detailed design of the preferred construction stage only (Section A - Miala St to Fiona Cr) and place the development of the Section B design (Fiona Cr to Ernest St) on hold at the concept design stage for the following reasons:

 

·    A “shovel ready” design for Section A (Miala St to Fiona Cr) is ideal to help support future applications for funding and will help to gain a relatively accurate estimate of costs to inform future budgeting requirements.

·    As Section A will form the basis of submissions for funding in the near future there is little value in progressing with the detailed design of Section B as the detailed design may become redundant and require re-design if construction is not commenced on the project within the next 1-5 years (as was previously experienced with the 2005 detailed design).

·    The current project budget of $250,000 will likely be insufficient to complete the detailed design of both Section A and Section B meaning additional funds would likely need to be allocated to complete the project.

 

Options

 

1.       Council not consider constructing four (4) lanes through Lake Cathie in future and therefore change the design philosophy to not allow for the easy future duplication of the travel lanes, reducing the cost of the project in the short term. (refer Community Engagement & Internal Consultation item seven (7)).

 

This would likely involve reducing the width of the central median from 5m to 1m, or removing the median all together and constructing a single travel lane and cycle lane in each direction on the eastern side of the road corridor. Residents on the western side of Ocean Drive could then utilise the wide verge between the kerb and their boundary for parking as they do currently. This option would be significantly cheaper in the short-term however, would cost Council more in the long term should the travel lanes require duplication in future as outlined above. This option would also reduce the improvement to the stormwater for residence along the western side of Ocean Drive and Fiona Crescent as the road pavement catchment area would be reduce, resulting in more runoff through affected properties.

 

2.       Should Council consider the efficiency of the transport network to be a higher priority than providing ease of parking for residents, it is recommended that current proposal to provide a cycle lane rather than an on-street parking lane be retained.

 

3.       As outlined above it is recommended that Council alter the scope of the project to only include the detailed design of the preferred Section to avoid re-design work in future. Should Council wish to proceed with the detailed design of both Section A and Section B, additional funds should be allocated in the 19/20 Financial Year Operational Plan to complete the works.

 

Community Engagement & Internal Consultation

 

During the consultation the community were asked to provide feedback on:

 

·  The proposed concept design prepared by Council

·  Which section (A or B) they would prefer to see constructed first

 

The methodology of the consultation process was developed by Councils Community Place team with the intention of gaining feedback from as many key stakeholders as possible. The process involved the following:

 

Date

Activity

 

13 August 2018