Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday, 10 August 2016

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

 

 

 

 

Council’s Guiding Principles                é  Ensuring good governance

                                                                  é  Looking after our people

                                                                  é  Helping our community prosper

                                                                  é  Looking after our environment

                                                                  é  Planning & providing our infrastructure

 


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, you can request to address Council by:

·       Completing the Request to Speak on an Agenda Item at a Council Meeting”, which can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by downloading it from Council’s website.

·       On-line at

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

 

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

 

Council's Code of Meeting Practice sets out the following guidelines for addressing Council:

·      Addresses will be limited to 5 minutes.

·      If you wish any written information, drawings or photos to be distributed to the Council to support the address, two (2) copies should be provided to the Group Manager Governance & Executive Services prior to the commencement of the meeting.

·      Where speakers wish to make an audio visual presentation, a copy is to be provided to the Group Manager Governance & Executive Services by 4.30pm on the day prior to the Council Meeting.

·      Council will permit only two (2) speakers "Supporting" and two (2) speakers "Opposing" the Recommendation contained in the Business Paper.  If there are more than two speakers supporting and opposing, the Mayor will request the speakers to determine who will address Council.

 

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 in the Public Forum at Ordinary Council Meeting”, which can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by downloading it from Council’s website.

·       On-line at

http://www.pmhc.nsw.gov.au/About-Us/How-Council-Works/Council-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.

 

A maximum of eight (8) speakers will be heard in the Public Forum.  Each speaker will be limited to 5 minutes.  Council may ask questions of speakers but speakers cannot ask questions of Council.

 

Council will not determine matters raised in the Public Forum session, however may resolve to call for a further report, when appropriate.

 

Speakers will be allowed to address Council in the Public Forum on the same issue no more than three (3) times in each calendar year.  (Representatives of incorporated community groups may be exempted from this restriction).

 


Ordinary Council Meeting

Wednesday 10 August 2016

 

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..................................................................................... 23

06           Mayoral Minute

06.01..... Mayoral Discretionary Fund Allocations.............................................. 27

06.02..... Agreement of Co-operation with Charles Sturt University...................... 28

07           Confidential Correspondence to Ordinary Council Meeting................................. 30

08           Public Forum................................................................................................... 31

09           Ensuring Good Governance........................................................................... 32

09.01..... Status of Outstanding Reports to Council........................................... 33

09.02..... Disclosure of Interest Return.............................................................. 37

09.03..... Council Meetings Dates for 2016........................................................ 39

09.04..... 2015-2016 Operational Plan End of Year Report as at 30 June 2016..... 41

09.05..... End of Term Report 2012-2016 - Towards 2030 Community Strategic Plan...... 56

09.06..... Monthly Financial Review for July 2016............................................... 59

09.07..... 2015-2016 Financial Statements Audit................................................. 62

09.08..... 2015-2016 Carry-over Projects............................................................ 64

09.09..... Investments - July 2016...................................................................... 68

09.10..... Loan Review - Final Outcome............................................................. 75

09.11..... Payment of Expenses and Provision of Facilities to Councillors Policy 77

10           Looking After Our People............................................................................... 80

10.01..... Compliments and Complaints Annual Report 2015-2016....................... 81

10.02..... Alcohol Prohibition - Australia Day 2017............................................. 85

10.03..... Cultural Plan 2016-2019...................................................................... 87

10.04..... Recommended Item from the Mayor's Sporting Fund Sub-Committee - July 2016 Meeting ....................................................................................................... 100

11           Helping Our Community Prosper

              Nil

12           Looking After Our Environment.................................................................... 102

12.01..... Draft Biodiversity Certification Assessment and Strategy - Port Macquarie Airport and Surrounding Land............................................................................ 103

12.02..... Question From Previous Meeting - Physical Commencement of Development Applications....................................................................................................... 124

12.03..... Improving Recycling Services For Multi-Unit Dwellings....................... 126

12.04..... Sancrox Employment Land Environmental Lands and Services Planning Agreement     132

12.05..... Proposed Walking Track - Jonathon Dickson Reserve, Lake Cathie.... 135

13           Planning and Providing Our Infrastructure................................................... 141

13.01..... Notice of Motion - Orbital Link Road................................................. 142

13.02..... Broadwater Canal - Canal Maintenance Plan...................................... 145

13.03..... NSW Water Supply and Sewerage Performance Monitoring Report 2014-2015  153

13.04..... Hibbard Ferry - Out of Water Inspection and Maintenance (Slipping)... 157

13.05..... Proposed changes to the PMH Local Environmental Plan 2011 to accommodate urban growth at Rainbow Beach............................................................................ 162

13.06..... Planning Controls over types of Signage.......................................... 166

13.07..... Development Activity and Assessment System Performance............. 174

13.08..... Recreational Boating Update............................................................ 178  

14           Questions for Next Meeting

15           Confidential Matters

Motion to move into Confidential Committee of the Whole............................... 181

15.01..... EOI-16-02 Independent Members of the Town Centre Master Plan Sub-Committee

15.02..... T-16-25 Installation of Communications Tower and Upgrade of Communications System

15.03..... T-16-35 Hastings River Drive & Boundary Street Upgrades - Options Assessment and Concept Design

15.04..... T-16-08 Port Macquarie-Hastings Council Advertising - Council Matters

15.05..... T-16-26 Provision of Group Training Services

15.06..... T-16-39 Purchase of Cisco Core Network Equipment

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      10/08/2016

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 20 July 2016 be confirmed.

 


MINUTES                                                                             Ordinary Council Meeting

                                                                                                                        20/07/2016

 

 

 

PRESENT

 

Members:

 

Councillor Peter Besseling (Mayor)

Councillor Lisa Intemann (Deputy Mayor)

Councillor Rob Turner

Councillor Adam Roberts

Councillor Geoff Hawkins

Councillor Trevor Sargeant

Councillor Michael Cusato

Councillor Sharon Griffiths

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Director of Community and Economic Growth (Tricia Bulic)

Director of Corporate and Organisational Services (Rebecca Olsen)

Director of Development and Environment Services (Matt Rogers)

Director of Infrastructure and Asset Management (Jeffery Sharp)

Group Manager Governance and Executive Services (Blair Hancock)

Governance Support Officer (Bronwyn Lyon)

Communication Engagement and Marketing Team Leader (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 Jeff Atherton from the People Builders Church delivered the Local Government Prayer.

 

Councillor Intemann arrived at the meeting, the time being 5:31pm.

 

03       APOLOGIES

Nil.

The Mayor noted the approved leave of absence for Councillor Levido.

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Sargeant/Griffiths

That the Minutes of the Ordinary Council Meeting held on 15 June 2016 be confirmed.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Besseling declared a Non-Pecuniary, Significant Interest in Item 15.04 - T-16-37 Provision of Lifeguard Services, the reason being that Councillor Besseling is a member of the Port Macquarie SLSC.  One of the tenderers are SLSNSW related.

 

 

06.01  Mayoral Discretionary Fund Allocations

RESOLVED:  Besseling

 

That the Mayoral Discretionary Fund allocations for the period 2 June to 30 June 2016 inclusive be noted with the following amendment:

 

Replace ‘Donation to Hastings Women’s & Children’s Refuge’ with ‘Port Macquarie Hastings Domestic and Family Violence Specialist Service’.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

RESOLVED:  Cusato/Roberts

That Council determine that the attachments to Item Number 13.06 be considered as confidential, in accordance with section 11(3) of the Local Government Act.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

08       PUBLIC FORUM

There were no applications to address Council in the Public Forum.

 

 

Reqeusts to Speak on an Agenda Item

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

 

Item 12.01 - Mr Dennis Stone in opposition of the recommendation.

Item  12.01 - Mr Christopher Willmott in opposition of the recommendation.

Item 12.06 - Mr Donald McRae in opposition of the recommendation.

Item 12.06 - Ms Michelle Love in support of the recommendation.

Item 12.06 - Mr Douglas Heagney in opposition of the recommendation.

 

RESOLVED:  Griffiths/Roberts

 

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

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

Suspension of Standing Orders

 RESOLVED:  Hawkins/Turner

That Standing Orders be suspended to allow Items 12.01 and 12.06 to be brought forward and considered next.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.01  Development Contributions Assessment Policy

Mr Dennis Stone, Stoney Park Water Sports and Recreation, addressed Council in opposition of the recommendation and answered questions from Councillors.

Mr Christopher Willmott, Riverlodge Tourist Area, addressed Council in opposition of the recommendation and answered questions from Councillors.

RESOLVED:  Hawkins/Sargeant

 

That Council:

1.       Place the draft amended Development Contributions Assessment Policy on public exhibition between 22 July 2016 and 26 August 2016.

2.       Consider a further report in October 2016 on the amended policy following completion of the public exhibition period.

3.       Extend the current trial provisions referred to in the report until the further report is presented to the October 2016 Council Meeting.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.06  DA2006 - 593.3 Section 96 Modification To Design Of Residential Flat Building Containing A Mix Of Permanent Dwellings, Serviced Apartments, Restaurants And Commercial Tenancies - Lots 1 & 2 DP 780593, Lot 1 DP 947705, Lot 1 DP 350138, Lot 1 DP 664057, 16 Lord Street, 50 William Street And Church Street, Port Macquarie

Mr Donald McRae, Strata Plan 31868 ‘Seawatch’, addressed Council in opposition of the recommendation and answered questions from Councillors.

Ms Michelle Love, Love Project Management, addressed Council in support of the recommendation and answered questions from Councillors.

Mr Douglas Heagney, Executive Committee ‘Seawatch’, addressed Council in opposition of the recommendation.

 

MOTION

MOVED:  Hawkins/Roberts

That DA 2006 - 593 for a Modification to design of Residential Flat Building Containing Mix of Permanent Dwellings, Serviced Apartments, Restaurants and Commercial tenancies at Lot 1 DP 780593, Lot 1 DP  947705, Lot 1 DP 350138, Lot 2 DP 780593, Lot 1 DP 664057, 16 Lord Street, 50 William Street and Church Street, Port Macquarie, be determined by granting the modified consent subject to the recommended conditions as outlined in the report and the following additional conditions:

-          Ready access and signage is to be provided to the basement car park for visitors and patrons of commercial tenancies. Details of access arrangements to be provided with the construction certificate application.

 

AMENDMENT

 

MOVED:  Intemann/

That DA 2006 - 593 for a Modification to design of Residential Flat Building Containing Mix of Permanent Dwellings, Serviced Apartments, Restaurants and Commercial tenancies at Lot 1 DP 780593, Lot 1 DP  947705, Lot 1 DP 350138, Lot 2 DP 780593, Lot 1 DP 664057, 16 Lord Street, 50 William Street and Church Street, Port Macquarie be determined by granting the modified consent subject to the recommended conditions as outlined in this report With the addition that signage is to be provided to indicate that the underground parking is for public use.

 

WITHDRAWN

 

THE MOTION WAS PUT

RESOLVED:  Hawkins/Roberts

That DA 2006 - 593 for a Modification to design of Residential Flat Building Containing Mix of Permanent Dwellings, Serviced Apartments, Restaurants and Commercial tenancies at Lot 1 DP 780593, Lot 1 DP  947705, Lot 1 DP 350138, Lot 2 DP 780593, Lot 1 DP 664057, 16 Lord Street, 50 William Street and Church Street, Port Macquarie, be determined by granting the modified consent subject to the recommended conditions as outlined in the report and the following additional conditions:

-          Ready access and signage is to be provided to the basement car park for visitors and patrons of commercial tenancies. Details of access arrangements to be provided with the construction certificate application.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.01  Status of Outstanding Reports to Council

RESOLVED:  Roberts/Hawkins

That Council note the information in the Status of Outstanding Reports to Council report and note the inclusion of Yippin Creek Structure Plan Report to be included for the August 2016 Council Meeting.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.02  2016-2017 Councillor and Mayoral Fees

RESOLVED:  Sargeant/Roberts

 

That in relation to Councillor remuneration for the 2016-2017 financial year, Council:

1.   Pursuant to the provisions of section 248(2) of the Local Government Act 1993, Council set the annual fee payable to a Councillor for the financial year commencing 1 July 2016 to be $18,840.

2.   Pursuant to the provisions of section 249(3) of the Local Government Act 1993, Council set the annual fee payable to the Mayor for the financial year commencing 1 July 2016 to be $59,930 (this amount includes the fee payable to a Councillor).

3.   Amend the 2016-2017 budget allocation for Councillor and Mayoral Fees in accordance with the fees set for 2016-2017.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.03  Code of Meeting Practice

RESOLVED:  Intemann/Cusato

That Council:

1.       Pursuant to section 363 of the Local Government Act 1993, amend the  code of meeting practice as outlined in the Code of Meeting Practice report.

2.       Pursuant to section 364 of the Local Government Act 1993, make the adopted code of meeting practice publicly available.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.04  Designated Persons

RESOLVED:  Intemann/Griffiths

That Council determine that the following position become a Designated Person pursuant to the provisions of section 441 of the Local Government Act 1993:

-     Group Manager Organisational Performance.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.05  Investments - June 2016

RESOLVED:  Hawkins/Sargeant

 

That Council note the Investment Report for the month of June 2016.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.06  Council Policy Review

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Adopt the draft policy template attached to the Council Policy Review report.

2.       Request that within the next 12 months, the General Manager review all policies that have not been reviewed in the last 12 months that were identified as requiring a change during the 2015 Council policy review.

3.       Place on public exhibition from 29 July 2016 to 26 August 2016 (28 days) the Beach Areas Permitting Dogs in the Local Government Area Policy, with the intention to rescind.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.07  Glasshouse Quarterly Report

RESOLVED:  Roberts/Griffiths

 

That Council note the information provided in the Glasshouse Quarterly Report.

carried:      7/1

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts and Turner

Against:       Sargeant

 

 

09.08  Corporate Brand Review

RESOLVED:  Turner/Hawkins

 

That Council note the updated logo and corporate style guide as part of Council’s ongoing Corporate Brand Review.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

10.01  Question from Previous Meeting - Management Arrangements for Council Owned Halls

RESOLVED:  Intemann/Hawkins

 

That Council note the response to the question on notice regarding management arrangements for Council Owned Halls.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

10.02  Recommended Item from the Mayor's Sporting Fund Sub-Committee - June 2016 Meeting

Councillor Hawkins left the meeting, the time being 07:15pm.

RESOLVED:  Besseling/Turner

That Council:

1.   Pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund to:

a)    Annika Toohey in the amount of $500.00 to assist with the expenses she will incur travelling to and competing at the All Schools National Hockey Championships to be held in Melbourne from 6 - 13 August 2016 inclusive.

b)    Wauchope High Schools Under 16’s Girls and the Open Girls Rugby Team’s in the amount of $800.00 to assist with the expenses they will incur travelling to and competing at both the NSW Secondary Schools Rugby Sevens to be held on 28 June in Sydney, and the Combined High Schools State Rugby Championships to be held in Sydney on a date yet to be determined in August 2016.

2.   Endorse the recommendation put forward by the Mayor’s Sporting Fund Sub-Committee to include additional wording in both the Mayor’s Sporting Fund Criteria and Mayor’s Sporting Fund Application Form in an effort to provide more clarity to applicants regarding the sports supported by the fund.

 

carried:      7/0

For:   Besseling, Cusato, Griffiths, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.01  Economic Development Strategy 2013-2016 - Six Monthly Report on Progress

RESOLVED:  Turner/Cusato

 

That Council note the six monthly progress report on implementation of the 2013-2016 Port Macquarie-Hastings Economic Development Strategy.

carried:      7/0

For:   Besseling, Cusato, Griffiths, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

Item 12.01 Development Contributions Assessment Policy - has been moved to another part of the document.

 

 

12.02  DA2016 - 160.1 Dwelling And Pool  Including Clause 4.6 Objection to Clause 4.3 (Height of Buildings) Under the Port Macquarie-Hastings Local Environmental Plan 2015 - Lot 110 DP 1213147 No 91 Crestwood Drive, Port Macquarie

RESOLVED:  Sargeant/Roberts

 

That the determination of DA2016 - 160.1 for a Dwelling  and Pool including Clause 4.6 Objection to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 110 DP 1213147  No 91 Crestwood Drive, Port Macquarie be noted.

carried:      7/0

For:   Besseling, Cusato, Griffiths, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.03  DA2016 - 171.1 Dwelling Including Clause 4.6 Objection to Clause 4.4 (Floor Space Ratio) Of The Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 21 DP 1082856, No 11 Ocean Ridge Terrace, Port Macquarie

Councillor Hawkins returned to the meeting, the time being 07:16pm.

RESOLVED:  Sargeant/Griffiths

 

That the determination of DA 2016 - 171.1 for a Dwelling including Clause 4.6 Objection to Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 21 DP 1082856, No 11 Ocean Ridge Terrace, Port Macquarie be noted.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.04  DA2016 - 227 Two (2) Lot Subdivision Including Clause 4.6 Objection To Clause 4.1 Lot Size Under Port Macquarie-Hastings Local Environmental Plan 2011 - 5077 Oxley Highway, Long Flat

RESOLVED:  Sargeant/Griffiths

That DA 2016 - 227 for a 2 lot torrens title subdivision including clause 4.6 objection to clause 4.1 lot size (minimum lot size) under Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 1, DP 333531, No. 5077 Oxley Highway, Long Flat, be determined by granting consent subject to the recommended conditions.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.05  DA2016 - 284.1 Residential Subdivision (16 Lots) Including Clause 4.6 Objection To Clause 4.1 (Minimum Lot Size) Of The Port Macquarie-Hastings Local Environmental Plan 2011 At Lot 4 DP 615261, Ocean Drive, Lake Cathie

RESOLVED:  Griffiths/Roberts

That DA 2016 - 284.1 for a Residential Subdivision (16 Lots) Including Clause 4.6 Objection to Clause 4.1 (Minimum Lot Size) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 4, DP 615261, Ocean Drive, Lake Cathie, be determined by granting consent subject to the recommended conditions.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

Item 12.06 DA2006 - 593.3 Section 96 Modification To Design Of Residential Flat Building Containing A Mix Of Permanent Dwellings, Serviced Apartments, Restaurants And Commercial Tenancies - Lots 1 & 2 DP 780593, Lot 1 DP 947705, Lot 1 DP 350138, Lot 1 DP 664057, 16 Lord Street, 50 William Street And Church Street, Port Macquarie - has been moved to another part of the document.

 

 

13.01  Water Restriction Trigger Levels and Uniform Regional Water Restrictions

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Adopt the 2014 uniform Regional Water Restrictions as outlined in this report.

2.       Adopt trigger levels for water restrictions for the Port Macquarie-Hastings LGA as follows:

3.       Delegate the General Manager the power to impose water restrictions in line with the adopted trigger levels, with the opportunity to exercise discretion with a maximum 3% variance, giving due consideration to the time of year and prevailing weather conditions.

4.       Delegate the General Manager the power to lift water restrictions in line with the adopted trigger levels with the opportunity to exercise discretion with a maximum 3% variance, giving due consideration to potential for pumping and storage levels.

5.       Update all previous advice on water restrictions, including website detail, information brochures, water policy and water restriction signage.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

13.02  Broadwater Canal Maintenance Plan - Community Reference Group

RESOLVED:  Roberts/Hawkins

 

That Council:

1.       Extend the tenure of the Broadwater Community Reference Group for a further 24 months until August 2018, to meet with the Director of Infrastructure & Asset Management at least twice per year.

2.       Retain the groups existing four (4) resident members.

3.       Call for Expressions of Interest for three (3) new group members.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

13.03  Transfer of Land to Council Containing Sewer Infrastructure

RESOLVED:  Sargeant/Hawkins

 

That Council classify Lot 226 Deposited Plan 1212069 as operational land.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

13.04  Land Acquisition at the Intersection of Hastings River Drive and Newport Island Road

RESOLVED:  Hawkins/Cusato

 

That Council:

1.   Pay compensation in the amount of $3,000 (excl. GST ) to the owners of Lot 1 DP826003, Matzwin Pastoral Company Pty Limited, for the acquisition of that part of Lot 1 DP826003 more particularly described in the plan of acquisition as Lot 11 DP1212525.

2.   Delegate authority to the General Manager to sign and execute:

a.   Contract for Sale/Deed of Acquisition

b.   Land Titles Office Transfer form.

3.   Dedicate Lot 11 DP1212525 as public road.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

13.05  Pacific Highway Upgrade - Naming of Service Roads

RESOLVED:  Roberts/Turner

 

That Council:

1.       Name the service road (Road 1) situated between Fernbank Creek Road and Hastings River Drive as “Winery Drive”.

2.       Name the service road (Road 2) situated between Hastings River Drive and the Blackmans Point Road Interchange as “Hastings River Drive”.

3.       Name the service road (Road 3) situated between the Blackmans Point Road Interchange and Haydons Wharf Road as “Telegraph Point Road”.

4.       Name the road (Road 4) being the remnant section of Blackmans Point Road as “Hosking Road”.

5.       Advise Roads and Maritime Services of the adopted road names.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

13.06  Queens Grant Estate - Acquisition of Private Lots

RESOLVED:  Roberts/Turner

 

That Council:

1.    Note the information contained in the Queens Grant Estate - Acquisition of Private Lots report.

2.    Continue with the acquisition programme of lots in the Queens Grant Estate, based on land valuation as assessed by the Valuer General at the time of acquisition.

3.    Rescind the following Council Resolutions relating to Item 12.02 dated 17 December 2014:

a)    Accept the offer by Mr and Mrs Adams to sell Lot 39 in DP 219719 in the Queens Grant Estate to Council at a purchase price of $20,000.

b)    Pay reasonable legal fees incurred by Mr & Mrs Adams with the sale of their land to Council.

c)    Upon the settlement of this sale commence the procedure to classify this land “Operational”.

d)    Affix the seal of Council to the necessary legal transfer documents associated with the purchase of Lot 39 DP 219719.

e)    Delegate authority to the General Manager to sign and execute a Contract of Sale for the purchase of Lot 39 in DP 219719.

carried:      7/1

For:   Besseling, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Cusato

 

 

13.07  River Breeze Estate Planning Agreement

RESOLVED:  Cusato/Griffiths

 

That Council delegate authority to the General Manager to enter into and execute the River Breeze Estate Road Works Planning Agreement on behalf of Council.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

13.08  Planning Proposal for Residential Infill and Environmental Purposes - Lincoln Road, Castle Court & Marian Drive, Port Macquarie

RESOLVED:  Cusato/Griffiths

 

That Council:

1.       Prepare a Planning Proposal pursuant to section 55 of the Environmental Planning Assessment Act 1979 in relation to Lot 1 DP 1066820 and Lot 34 DP 856163, Lincoln Road, Castle Court and Marian Drive, Port Macquarie, for residential infill and environmental purposes as described in this report.

2.       Submit the Planning Proposal to the NSW Department of Planning and Environment requesting a Gateway Determination pursuant to section 56 of the Environmental Planning and Assessment Act 1979, as well as the issue of a Written Authorisation to Council to Exercise Delegation of the plan making functions under section 59 of the Act in respect of the planning proposal.

3.       Delegate authority to the Director Development and Environmental to make any amendments to the Planning Proposal as a result of the Section 56 Gateway Determination, prior to public exhibition of the proposal.

4.       In conjunction with the landowner, prepare a Voluntary Planning Agreement as referred to in this report and publicly exhibit the Planning Agreement for a minimum of 28 days in accordance with clause 25D of the Environmental Planning and Assessment Regulation 2000.

5.       Request the General Manager present a further report following the public exhibition period to demonstrate compliance with the Gateway Determination and to provide details of any submissions received throughout that process.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

14       QUESTIONS FOR NEXT MEETING

 

 

 

14.01     Physical Commencement of Development Applications

Question from Councillor Intemann:

 

What constitutes physical commencement of an approved development and how, if at all, does this differ from the previous criteria entitled substantial commencement?

 

Comments by Councillor (if provided):

 

Nil.

 

 

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Cusato/Roberts

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 15.01  T-16-10 Town Square Catenary Lighting - Electrical Design and Construct

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

Item 15.02  T-16-21 Construction of Kew Waste Transfer Station

                   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 15.03  T-16-36 Provision of Ice Pigging Services

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

Item 15.04  T-16-37 Provision of Lifeguard Services

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

Item 15.05  Council Owned Land in William Street, Port Macquarie (PIN 34119)

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

Item 15.06  Sale of Council Land - 6 Enterprise Place, Wauchope (Lot 315 DP1075670)

                   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 15.07  Acquisition of Land - 33 Commerce Street, Wauchope (Lot 307 DP1075670)

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

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

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

Adjourn meeting

 The Ordinary Council Meeting adjourned at 7:29pm.

 

 

Resume meeting

 The Ordinary Council Meeting resumed at 7:53pm.

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Roberts/Hawkins

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

Item 15.01  T-16-10 Town Square Catenary Lighting - Electrical Design and Construct

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

                   RECOMMENDATION

That Council:

1.      In accordance with the Local Government (General) Regulations 2005, 178 1 (b), decline to accept any of the tenders submitted for Tender T-16-10 for Town Square Catenary Lighting - Electrical Design and Construct.

2.      Decline to invite fresh tenders due to the limited number of submissions received for this Tender and due to the submissions received not adequately addressing Council’s requirements for Town Square Catenary Lighting - Electrical Design and Construct.

3.      In accordance with Local Government (General) Regulations 2005, 178 (3) (a), cancel the proposal for contract.

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

5.      Maintain the confidentiality of the documents and considerations in respect of Tender T-16-10.

 

Item 15.02  T-16-21 Construction of Kew Waste Transfer Station

                   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 Commercial Project Group Pty Ltd for $3,605,501 (exclusive of GST) for Construction of Kew Waste Transfer Station.

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

3.      Maintain the confidentiality of the documents and considerations in respect of Tender T-16-21.

4.      Increase the project budget to $4,313,539 as detailed in this report.

 

 

 

Item 15.03  T-16-36 Provision of Ice Pigging 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:

1.      Accept the tender from Suez Water and Treatment Solutions Pty Ltd for the provision of Ice Pigging Services for a three (3) year period commencing 21 July 2016, with options to extend for up to a further two (2) x one (1) year periods (at Council’s sole discretion).

2.      Accept the Schedule of Rates from Suez Water and Treatment Solutions Pty Ltd for the provision of Ice Pigging Services.

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

4.      Maintain the confidentiality of the documents and considerations in respect of Tender T-16-36.

 

Item 15.04  T-16-37 Provision of Lifeguard 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:

1.      Accept the tender from Surf Life Saving Services Pty Ltd for $2,514,998 (exclusive of GST) for the Provision of Lifeguard Services for a five (5) year period commencing on 21 July 2016 and also include Service Option 1 at a cost of $106,673 as outlined in the report.

2.      Accept the Schedule of Rates from Surf Life Saving Services Pty Ltd for the Provision of Lifeguard Services.

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

4.      Maintain the confidentiality of the documents and considerations in respect of Tender T-16-37.

5.      Increase the 2016/17 operational budget for Lifeguard Services to $477,515 as detailed in the Financial & Economic Implications section of this report.

 

 

 

 

 

 

 

 

Item 15.05  Council Owned Land in William Street, Port Macquarie (PIN 34119)

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

                   RECOMMENDATION

That Council:

1.      Note the information contained in the Council Owned Land in William Street, Port Macquarie (PIN 34119) report.

2.      Delegate to the General Manager authority to:

-      Enter into the Call Option, with terms no less favourable than those attached to the report, for the purposes of providing Gowing Bros Limited an option to purchase the property in accordance with the Contract.

 

Item 15.06  Sale of Council Land - 6 Enterprise Place, Wauchope (Lot 315 DP1075670)

                   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 offer from Mr Geoffery Peckham of $145,000 ex GST for the purchase of Council’s land at 6 Enterprise Place, Wauchope, subject to Contract.

2.      Delegate authority to the General Manager to sign and execute the necessary documents associated with the sale of this land.

3.      Place the proceeds from the sale of this land into Council’s Property Reserve Fund for the purposes of future property investment.

 

Item 15.07  Acquisition of Land - 33 Commerce Street, Wauchope (Lot 307 DP1075670)

                   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.      Submit an offer subject to Contract to purchase 33 Commerce Street Wauchope (Lot 307 DP 1075670) as outlined in the Financial and Economic Implications section of this report.

 

2.      Subject to formal acceptance of Council’s offer, delegate authority to the General Manager to sign and execute the Contract of Sale and the necessary legal transfer documents associated with the purchase of 33 Commerce Street Wauchope.

3.      Subject to settlement and pursuant to section 34 of the Local Government Act 1993, commence the procedure to classify Lot 307 DP 1075670 as operational land by placing on public exhibition the proposed resolution “It is intended to classify Lot 307 Deposited Plan 1075670 (land situated at 33 Commerce Street Wauchope) as operational land”, for a minimum period of 28 days.

4.      Subject to Resolution 3 above, note that a further report will be tabled to Council following completion of the public exhibition period, detailing the submissions received from the public during the exhibition period.

 

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

 

The meeting closed at 7:53pm.

 

 

 

 

 

 

………………………………………..

Peter Besseling

Mayor

 

   


AGENDA                                                                                Ordinary Council      10/08/2016

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:  ....................................................................................................

 

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

 

 

 

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. (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 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—see section 448 (g) (ii) of the Local Government Act 1993.

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      10/08/2016

 

 

Item:          06.01

 

Subject:     MAYORAL Minute - Mayoral Discretionary Fund Allocations

Mayor, Peter Besseling

 

 

 

 

 

RECOMMENDATION

 

That the Mayoral Discretionary Fund allocations for the period 1 to 28 July 2016 inclusive be noted.

 

 

Discussion

 

Mayoral Discretionary Fund Allocations

 

The total commitment from the Mayoral Discretionary Fund from 1 to 28 July 2016 inclusive was $200.00.

 

This included the following:

 

Donation to Hope Shop “Masquerade Ball” Fundraiser

$200.00

 

 

 

$200.00

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council      10/08/2016

 

 

Item:          06.02

 

Subject:     MAyORAL Minute - Agreement of Co-operation with Charles Sturt University

Mayor, Peter Besseling

 

 

 

 

 

RECOMMENDATION

 

That Council enter into an Agreement for Co-operation with Charles Sturt University.

 

Discussion

 

Charles Sturt University (CSU) is the largest University in regional Australia and the largest single provider of online and distance education. 

CSU have campuses across rural and regional NSW and Victoria, delivering high quality education and research to expand opportunities for people in communities and to support the social, economic and cultural development of the regions in which they are located.

Port Macquarie is a rapidly growing, important hub for business and services for the Mid North and North Coast region of New South Wales and with the establishment of the CSU full service campus in Port Macquarie, the higher education sector will continue to grow in our region and become an even more important contributor to our success as a region.

Stage 1 of the new CSU campus opened earlier in 2016, with the campus not only supporting the teaching of CSU courses but also research facilities such as the Food, Soil and Water Laboratory in partnership with Council. This is a new facility that will see Council’s existing Environmental Laboratory move into a new laboratory facility within the CSU campus in the coming months.

The purpose of the Agreement for Co-operation is for both parties to actively participate in supporting the broader planning and growth of the Port Macquarie-Hastings region, which will lead to greater opportunities for higher education for the region and enhancement of the lifestyle of our community.

The Agreement for Co-operation does not commit Council to any funding, rather it is looking for ways in which the two parties can cooperate in the future around areas such as cultural development, economic growth and research opportunities.

With the CSU campus expected to cater for over 4,000 students at the Port Macquarie campus by 2025, it is important that Port Macquarie-Hastings Council play a role in fostering ongoing growth of the higher education sector. 

Attachments

 

1View. Agreement for Cooperation - PMHC & CSU - August 2016

  

 

Item:          07

Subject:     CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

Presented by: General Manager, Craig Swift-McNair

Alignment with Delivery Program

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

 

RECOMMENDATION

That Council determine that the attachment to Item Numbers 09.10 and 13.04 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:                                 09.10   

Subject:                                 Loan Review - Final Outcome

Attachment Description:     Loan Review information

Confidential Reason:           Relates to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct business.  Local Government Act 1993 - Section 10A(2)(c).

 

Item No:                                 13.04   

Subject:                                 Hibbard Ferry - Out of Water Inspection and Maintenance (Slipping)

Attachment Description:     Birdon Pty Ltd Quotation for slipping of Hibbard Ferry

Confidential Reason:           Relates to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 


AGENDA                                                                                Ordinary Council      10/08/2016

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 eight 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

                                                                                                                      10/08/2016

 

 

What are we trying to achieve?

A collaborative community that works together and recognises opportunities for community participation in decision making that is defined as ethically, socially and environmentally responsible.

 

What will the result be?

 

·                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 do we get there?

 

1.1    Engage the community in decision making by using varied communication channels that are relevant to residents.

1.2    Create professional development opportunities and networks to support future community leaders.

1.3    Create strong partnerships between all levels of government and their agencies so that they are effective advocates for the community.

1.4    Demonstrate conscientious and receptive civic leadership.

1.5    Implement innovative, fact based business practices.


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.01

 

Subject:     Status of Outstanding Reports to Council

Presented by: Corporate and Organisational Services, 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 information in the Status of Outstanding Reports to Council report.

 

Discussion

 

Reports requested by Council

 

Report

Status

Reporting Officer

Original Anticipated Date for Report

Current Anticipated Date for Report

Progress on Recreational Boating & RMS investigations for Hastings & Camden Haven Rivers

(Item 13.10 - OC 19/08/15)

Studies have commenced but nothing further to report at this point in time.

DCEG

 

Aug 2016

NOM - Recycling Services for Multi-Unit Dwellings

(Item 12.01 - OC 15/06/16)

 

DDES

 

Aug 2016

QFPM - Physical Commencement of Development Applications.

(Item 14.01 - OC 20/07/16)

 

DDES

 

Aug 2016

Three Villages Sewerage Scheme Construction - options to deliver fit-for-purpose and value-for-money.

(Item 09.02 - EX-OC 29/07/15)

Awaiting funding determination.

DIAM

Nov 2015

Oct 2016

Development Contributions Assessment Policy - post public exhibition.

(Item 12.01 - OC 20/07/16)

 

DDES

 

Oct 2016

Draft Yippin Creek Structure Plan - submission following exhibition.

(Item 13.06 - OC 15/06/16)

Issues raised during exhibition necessitate further consideration of aspects of the draft Plan.

 

DDES

 

Oct 2016

Water Fluoridation - request for detailed information on studies and programs.

(Item 10.01 - OC 15/07/15)

Awaiting further information from NSW Health.

DIAM

 

Nov 2016

Committee Review - articulate recommendations to ensure ongoing effectiveness of Committees.

(Item 09.05 - OC 20/04/16)

 

DCOS

 

Nov 2016

2016 Tastings on Hastings Event

(Item 11.01 - OC 15/06/16)

 

DCEG

 

Dec 2016

Land Development Approvals Process Review

(Item 09.01 - OC 15/06/16)

 

GM

 

Dec 2016

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

(Item 13.07 - OC 18/02/15)

 

DDES

2016

2016

Impact of Road Openings and Closures on Private Property

(Item 12.03 - OC 18/09/13)

To be included in overall review of roads policies.

Information still being sought.

DIAM

Mar 2015

Feb 2017

Planning Controls for Short Term Rental Accommodation

Report on findings and recommendations arising from the Inquiry ‘Adequacy of the regulation of short-term holiday letting in NSW’.

(Item 13.07 - OC 16/03/16)

 

DDES

 

Mar 2017

Planning Proposal for Residential Infill and Environmental Purposes - Lincoln Road, Castle Court and Marian Drive, Port Macquarie - post exhibition

(Item 13.08 - OC 20/07/16)

 

DDES

 

Oct 2016

Acquisition of Land - 33 Commerce Street, Wauchope.

(Item 15.07 - OC 20/07/16)

 

DCOS

 

Nov 2016

 

Cyclic Reports

 

Report

Reporting Officer

Reporting Cycle

Monthly Financial Update

DCOS

Monthly

Investments

DCOS

Monthly

Mayoral Discretionary Fund Allocations

GM

Monthly

Development Activity and Assessment System Performance

DDES

Quarterly

(May, Aug, Nov, Feb)

Glasshouse Quarterly Report

DCOS

Quarterly

(July, Oct, Feb, Apr)

Delivery Program - Progress Report

DCEG

Biannual

(Mar, Sept)

Operational Plan - Progress Report

DCEG

Biannual

(May, Oct)

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

DCEG

Biannual

(June, Dec)

Mayoral and Councillor Fees (Setting of)

GM

Annually

(June)

MIDROC Strategic Plan 2013-2017 Outcomes

(Item 08.03 - ORD 21/08/2013)

GM

Annually

(July)

Council Policy - Status Report

DCOS

Annually

(July)

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

DCEG

Annually

(Aug)

Compliments and Complaints Annual Report

DCEG

Annually

(Sep)

Council Meeting Dates

GM

Annually

(Sept)

Creation of Office - Deputy Mayor

GM

Annually

(Sept)

Payment of Expenses and Provision of Facilities to Councillors Policy for Exhibition

DCOS

Annually

(Sept)

Audit Committee Annual Report

DCOS

Annually

(Sept)

Annual Report of Disability Discrimination Act Action Plan

DCEG

Annually

(Sep)

Annual Disclosure of Interest Returns

GM

Annually

(Oct)

Payment of Expenses and Provision of Facilities to Councillors Policy for Adoption

DCOS

Annually

(Nov)

Council’s Annual Report

DCEG

Annually

(Nov)

Annual Reporting of Contracts for Senior Staff

GM

Annually

(Nov)

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

(Item 09.04 - OC 21/10/15)

DCOS

Annually

(Nov)

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.02

 

Subject:     Disclosure of Interest Return

Presented by: Corporate and Organisational Services, Rebecca Olsen

 

Alignment with Delivery Program

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

 

 

 

RECOMMENDATION

That the Disclosure of Interest return for Group Manager Organisational Performance be noted.

 

Executive Summary

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

Discussion

 

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

 

The position of Group Manager Organisational Performance is a designated person under the Local Government Act.

 

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

 

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

 

The Return for the position of Group Manager Organisational Performance will be tabled at this meeting.

Options

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

Community Engagement & Internal Consultation

 

Internal Consultation

·    Group Manager Governance & Executive Services.

·    General Manager.

·    Group Manager Organisational Performance.

Planning & Policy Implications

There are no planning and policy implications.

Financial & Economic Implications

There are no financial and economic implications.

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.03

 

Subject:     Council Meetings Dates for 2016

Presented by: Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.4  Promote the visibility and profile of Councillors through improved access by the community.

 

 

 

RECOMMENDATION

 

That Council amend the date for the Ordinary Council Meeting scheduled for Wednesday, 28 September 2016 to Wednesday, 5 October 2016.

 

 

Executive Summary

 

It is proposed that the Council Meeting Schedule for 2016 be amended by revising the scheduled Ordinary Council Meeting date from Wednesday, 28 September 2016 to Wednesday, 5 October 2016.

 

Discussion

 

At the Ordinary Council Meeting held on 18 May 2016, Council resolved an amended meeting schedule for the 2016 calendar year, as follows:

 

09.04   Council Meetings Dates for 2016

RESOLVED:  Levido/Griffiths

 

That Council adopt:

1.    An amended date for the August Ordinary Council Meeting from 17 August 2016 to 10 August 2016.

2.    An amended date for the September Ordinary Council Meeting from 21 September 2016 to 28 September 2016.

carried:      7/0

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

Against:       Nil

 

In regard to Resolution 2 above, the September meeting date has now been reconsidered.  For information, following the 2012 Local Government Election, successful candidates were not declared for eight (8) days following the day of the election.

 

Noting that there could be a potential delay in declaring the result of the 2016 election, which will take place on 10 September 2016 and in ensuring that there is adequate time for Council officers to commence the induction of Councillors prior to the first official Council meeting, it is proposed to defer the planned 28 September 2016 meeting to 5 October 2016.

 

The currently scheduled Wednesday, 19 October 2016 Ordinary meeting of Council would continue as planned, meaning that there would be two Council meetings in October 2016.

 

Options

 

Alternative meeting dates may be adopted.

Community Engagement & Internal Consultation

 

·    General Manager.

·    Director Corporate & Organisational Services.

·    Group Manager Governance and Executive Services.

 

Planning & Policy Implications

 

No planning or policy implications have been identified.

 

Financial & Economic Implications

 

No financial or economic implications have been identified.

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.04

 

Subject:     2015-2016 Operational Plan End of Year Report as at 30 June 2016

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.1  Engage with the community on impacts and changes of operations.

 

 

 

RECOMMENDATION

 

That Council note the 2015-2016 Operational Plan end of year report as at 30 June 2016.

 

Executive Summary

 

This report covers progress on implementing actions in the 2015-2016 Operational Plan up to 30 June 2016. The report assesses Council’s delivery against the actions and performance measures adopted in the 2015-2016  Operational Plan. It seeks to provide concise and accurate information about what Council has delivered up until the end of the fourth quarter of the current financial year.

 

As at 30 June 2016, 82% of the Operational Plan performance measures have been achieved with the remaining portion recorded as behind target/behind schedule. There are a number of actions identified to continue into the 2016-2017 Operational Plan.

 

The 2015-2016 Operational Plan has a total of 468 performance measures with a summary of overall performance outlined below:

 

Focus Area

 Total number performance measures

Measures behind target/schedule

 

Achieved

Overall % of delivery

Governance

 

86

10

76

88%

People

 

86

 

5

81

94%

Prosper

 

45

8

37

82%

Environment

 

30

6

24

80%

Infrastructure

 

221

55

166

75%

Totals

468

84

 

384

82%

82% achievement after four quarters of the financial year is at a comparative position of delivery, relative to the last two years with 80% delivered in 2014- 2015 and 81% delivered 2013-2014.

 

Completion and advancement of major short and long term infrastructure projects, sewerage and water infrastructure projects as well as numerous park upgrades will have a significant positive impact on a broad cross section of the community across the Local Government Area.

 

Discussion

 

Overview:  End of year report as at 30 June 2016

 

Meeting the targets and performance measures in the annual Operational Plan contributes to the achievement of the overall objectives outlined in the 2013-2017 four year Delivery Program. The Delivery Program is reported to Council on a six monthly basis with the last report presented to the Ordinary Meeting in March 2016.

 

In addition to the overview in the Executive Summary, the detailed analysis outlines achievements and also details measures that are behind target according to each Focus Area.

 

The attachment provides the full 2015-2016 progress report, which includes a comprehensive listing of each individual Operational Plan action, performance measure, target and commentary on progress.

 

Major capital projects are incorporated into the body of the Operational Plan and as such are reported on as individual actions with performance measured against the adopted project plan.

 

Detailed Analysis by Focus Area

 

Achievement highlights and details of those actions behind target is summarised below according to each Focus Area within the Operational Plan.

 

Guiding Principle - Ensuring good governance

 

Focus Area

Performance measures

Behind target

On target / achieved

 

Ensuring good governance

86

10

76

 

Highlights

 

·    The Services Review Project Phase 2: Service Levels: is now complete with all 20 External Service Levels documented and potential service level changes identified. The Services Review Project - Phase 3: Business Improvement: Phase 3 methodology was adopted by Council on 15 June 2016. It is anticipated Phase 3: Business Improvement will be completed by June 2017.

·    Conducted annual digital marketing campaign.

·    Two lunchtime sessions undertaken in Port Macquarie and one held in Laurieton as part of Your Voice Our Community engagement. A lunchtime conversation has also been held as part of Lasiandra Festival in Wauchope.

·    The 2014-2015 Annual Report was completed. The report is on Council's website and hard copies now available at Wauchope, Laurieton and Port Macquarie customer services offices, as well as all Library branches. The report has been submitted to the Office of Local Government in line with legislation.

·    The 2014-2015 Annual Community Report Card was presented to the Ordinary Council Meeting held 18 November 2015. The report card is available on Council's website and hard copies have been placed in Customer Service offices and Library branches. It has also been distributed to community groups.

·    The six monthly Delivery Program progress reports have been presented to 16 September 2015 and 16 March 2016 Ordinary Council Meetings in line with required legislation.

·    The 2016-2017 Operational Plan was presented to Council for adoption at the 15 June 2016 Ordinary Meeting. It has been published on Council's website with hard copies available in Customer Service Offices and Library Branches in Port Macquarie, Wauchope and Laurieton.

·    Reports presented to the September 2015 Council meeting as required.

·    Monthly financial reports presented to Council as scheduled.

·    Investment report tabled monthly.

·    Investment return exceeded OLG benchmark.

·    Financial statements lodged with the Office of Local Government in November in line with legislation.

·    Financial statements prepared.

·    Operational Plan (including Fees and Charges) was adopted by Council on 15 June 2016.

·    Final budget was adopted by Council on 15 June 2016. The Long Term Financial Plan was reviewed as part of the budget process.

·    The Legislative Compliance Register reviewed for the 2016-2017 register.

·    GIPA annual report submitted in line with legislation.

·    The Code of Complaints statistics was presented at the Ordinary Council Meeting on 18 November 2015 and sent to the Office of Local Government on 25 November 2015.

·    The Disclosure of Interest Return has been provided to the NSW Ombudsman's Office as required.

·    The Payment of Expenses and Provision of Facilities to Councillors Policy was adopted at the Ordinary Council Meeting on 18 November 2015.

·    The 2014-2015 Public Interest Disclosures Annual Report was submitted as per legislation.

·    Bi-annual reports completed (July 2015 and February 2016) for Public Interest Disclosures and submitted to the Ombudsman in line with required legislation.

·    Two Ordinary Council Meetings have been held off-site. "Taking the Council to the Community" were held in Laurieton on 21 October 2015 and Wauchope on 16 March 2016.

·    Listening and Engaging with our Community meetings have been held October 2015 in Pappinbarra, December 2015 in the North Shore, and March 2016 in Long Flat. The last meeting was undertaken in June 2016 at Beechwood.

·    Quarterly report was submitted to the 12 May 2016 Audit Committee meeting.

·    The Risk Management Action Plan was reviewed.

·    Review and insurances are in place as at 30 June 2015.

·    Consultation and briefing to define ICT business requirements completed.

·    Revaluation report of Council’s community land and land improvement assets received and within budget.

·    Aerial photography for urban areas and whole Local Government Area for use was procured and within budget.

·    A report on the Procurement Strategy was presented to the Ordinary Council meeting held on 16 March 2016.

·    Procurement planning with relevant stakeholders completed in 2015-2016, and continuing in 2016-2017.

·    Achieved efficient processing of development applications, construction certificates, and complying development certificates within benchmarked processing times.

·    Council is continuing to work at increasing our numbers of women, ATSI, people with a disability, young people and culturally and linguistically diverse people under the Equal Employment Management Plan.

 

Operational Plan Actions Behind Target

 

·    The total number of users to Council’s website is slightly below set target.

·    Councillors are attending training opportunities as identified. However, the status of training is currently being reviewed.

·    Architecture design as part of Information, Communications and Technology (ICT) renewal project is underway. Network design is complete, along with high level server/storage and other components to follow in the coming months.

·    Replacing outdated ICT equipment within agreed architecture is behind target due to above. However, where possible, outdated equipment is being replaced. Server/Storage and Network replacement tenders due to open in July 2016.

·    Implementing upgrades for business intelligence and performance reporting software is underway. A sector scan to learn lessons from other Council solutions has been complete.

·    Procuring and implementing a reporting system is pending identifying key reporting requirements.

·    A review of best practice approaches to Council business intelligence and reporting to be undertaken for future strategy.

·    Initial service definitions renewal has been completed. External specialist feedback on draft ICT service catalogue completed.

·    The plant replacement program is progressing, however a number of plant items are yet to be purchased due to Council’s plant procurement process undergoing a review.

·    Construction of the new depot in Port Macquarie is pending preconstruction and design works.

 

Focus Area - Looking after our people

 

Focus Area

Performance Measures

Behind target

On target / achieved

 

Looking after our people

86

5

81

 

Highlights

·    Lifeguard services were provided at Town, Flynn’s, Lighthouse, Rainbow and North Haven beaches through the school holiday period. The lifeguard season ended on Tuesday 26 April 2016.

·    Bush Fire Risk Management Plan actions on Council land have been implemented.

·    National Association of Testing Authorities (NATA) Corporate Accreditation at Environmental Laboratory maintained.

·    Environmental Laboratory sampling, analysis and reporting completed.

·    The Glasshouse presented a diverse program of performing arts events in 2015-2016, including 21 performing arts events and 23 exhibitions.

·    Youth Advisory Council (YAC) supported and continue to determine future ideas.

·    Youth Week events supported.

·    Advocating and highlighting social impacts through place making activities have targeted homelessness, social isolation, aboriginal communities and inclusions. 

·    An annual report about the implementation of the Disability Discrimination Act Action Plan was reported at the September 2015 Council meeting. 

·    A number of actions have been implemented against the Disability Discrimination Action Plan.

·    Creative Ageing events were undertaken and coordinated.

·    Continued engagement with Birpai Local Aboriginal Land Council through the Oxide Park Project; Bunyah Local Aboriginal Land Council (LALC) through various Land Council projects; Hasting Aboriginal Education Consultative Group - Connecting to Country three day Cultural Awareness Program.   

·    Events designed to increase awareness of NAIDOC Week and community participation held. 

·    Community film screening of Mabo during National Reconciliation Week held at the Glasshouse with over 100 people attending.

·    National Sorry Day morning tea held. Aboriginal community included the Bunyah LALC, Birpai LALC and Hastings Aboriginal Education Consultative Group.  

·    Round 1 and 2 of the 2015-2016 Grant Funding complete.

·    Citizenship ceremonies held as scheduled throughout the year.

·    Rural community network kept informed of grant opportunities.

·    The Place Making Framework was completed.

·    Australia Day Award event was successfully staged with over 400 members of our community supporting the nominees at this event.  

·    The Wayne Richard Sporting Scholarship for 2015 was awarded in October 2015 as part of Hastings Sports Awards presentation event.

·    Delivered the donated seats program. 

·    Database of all volunteers has been developed.  

·    PMHC delivered three presentations to the Port Macquarie, Wauchope and Laurieton community on creative Start up Spaces with over 70 people attending.

·    The Accessible Arts Program was successfully delivered in December with the launch on International Day of People with Disability.

·    The Mayor’s Sporting Fund distributed over $15,000 to young local athletes competing at State, National and International sporting competitions. 

·    The Mayor’s Sporting Fund supported young local athletes competing in 15 different sports and provided funding totally over $16,000.

·    Budget for library books fully acquitted. Over 14,360 new items library books/items acquired during the period including donations.

·    All Library databases have been accessible throughout the year.

·    Library downloads continue to increase across all online services. Also, introduced a new audio download service called Borrow box in March.  

·    96% of building related complaints responded to within set customer service standards. 

·    All swimming pool certificate applications processed within the service standard.

·    674 pool inspections completed.   

·    95% of complaints regarding environmental issues responded to within set customer service standards. 

·    98% of on-site sewage management issues responded to within set customer service standards. 

·    80% of public health issues responded to within set customer service standards.

·    259 risk-based audit inspections conducted.  

·    86% of complaints regarding compliance with regulation and legislation responded to within set customer service standard. 

·    1,348 offences (capture actions) detected during proactive patrols.

·    86% of companion animal issues are responded to within service standard. 

·    Companion education program delivered across the Port Macquarie-Hastings Local Government Area including the Million Paws Walk.

·    Nil reportable incidents recorded for public health and safety

·    The school education program was delivered to local schools across the local government area with 2,500 students participating. 

·    Annual Bushfire Maintenance Program completed.

·    690 reserve and sports field allocations booking were processed.

·    Implementation of the framework for the delivery of Recreation Services across the Local Government Area.    

·    A User Pays Policy for recreation services is under development and in draft.

·    Audit process for sporting facilities and associated documentation has been developed and is currently being trialled in the field.   

 

Operational Plan Actions Behind Target

 

·    Bushfire education programs were delayed to align with community engagement activities planned to coincide with the review of the Bush Fire Risk Management Plan. The targeted educational programs are now anticipated to commence in August 2016.

·    Library local priority grant has not been fully expended. The remainder of the Local Priority Grant will be carried over to the new financial year.

·    Due to completing priorities, a number of interagency meetings have not been attended as planned during the year.

·    On site sewerage risk based audit inspections is behind target due to focus on the changes to OSM fees and response to Operational Plan submissions.

·    The Communications Strategy on engaging with sports and recreation user groups has been developed and nearing completion, is has been submitted for review.

 

Focus Area - Helping our community prosper

 

Focus Area

Performance measures

Behind target

On target / achieved

 

Helping our community prosper

45

8

37

 

Highlights

 

·    A report on the Procurement Strategy was presented to the Ordinary Council meeting held on 16 March 2016. Procurement planning with relevant stakeholders completed in 2015-2016.

·    The new Glasshouse ticketing system was implemented in December 2015.

·    The Glasshouse Membership Program has reached 1046 members, which equates to 99% of the target.

·    The Glasshouse has seven formal partnership / sponsorship agreements in place.

·    At the Glasshouse, revenue performance increased 4% on budget and the overall operating result (before interest and depreciation) for the year improved by 15% on budget.

·    Turbidity Meter and Bartender Sample ID printer were acquired for the Environmental Laboratory.

·    Managed Council's community and commercial leases for the most appropriate return to Council and the community.

·    Ensured compliance of airport operational manuals, plans and standard operating procedures with regulatory and safety requirements.

·    Updates on land development activity was provided to Department of Planning in April 2016 as scheduled.

·    Council sponsored 18 major events in the 2015-2016 financial year. Resulting in a total economic impact of $28,427 which is a 13.19% increase on the previous financial year ($25,115). Not only was the target of a 5% increase in economic impact from major events exceeded, but so to was an increase in visitor nights, totalling $133,327 which was a 14.73% increase on the 2014-2015 financial year.

 

Operational Plan Actions Behind Target

 

·    In 2015-2016, 234,526 people visited the Glasshouse venue as against the 250,000 target. However, this measure should be considered in line with other KPI measures such as utilisation and financial performance which have been achieved in 2015-2016. 

·    Revenue performance for the Glasshouse increased by 4%, slightly below the 5% set target.

·    Business case proposal for establishment of a Property Business Unit is continuing to develop a draft strategy as part of Council's Phase 3 Service Review business improvement process.

·    5,424 Regular Public Transport (RPT) aircraft movements for 2015-2016 (99% of target), slightly below the set target overall;.

·    Annual aircraft passenger numbers in 2015-2016 were 222,669 (down 1.4% on target). Half year result to 30 June 2016 shows positive trend with 3.7% growth on the corresponding period in 2015.

·    Business Park pre-gateway determination delayed pending resolution of road infrastructure issues. Investigations are otherwise largely completed to inform a report to Council regarding LEP and DCP amendments for the proposed business park near the airport.

·    Pre-gateway determination for LED and DCP amendments to facilitate light industrial development is awaiting initial reports and draft proposal from proponent.  Work will continue into 2016- 2017.

·    Planning proposal delayed for LEP and DCP amendments relating to the Charles Sturt Precinct due to need for landfill gas migration monitoring. Also dependent on progress of related road planning projects, including John Oxley Drive designs and the outer link road study. Landfill gas monitoring report currently under preparation. Completion of planning proposal will carry into 2016-2017.

 

Focus  Area - Looking after our environment

 

Focus Area

Performance measures

Behind target

On target / achieved

 

Looking after our environment

30

6

24

 

Highlights

 

·    20% of all plant nurseries have been inspected for invasive weeds.

·    Over 860ha have been treated for invasive weeds.

·    Over 320 property inspections were completed for invasive weeds.

·    Over 944km of weed dispersal routes treated on roadside reserves.

·    Feral Deer control undertaken across the region.

·    Over 99km of riparian control restoration works completed.

·    Over 800ha of bush regeneration works undertaken.

·    Waste education programs completed as scheduled.

·    Resident education programs completed as scheduled.

·    Midwaste Regional Group of Councils scheduled meetings attended.

·    Main components of Draft Biodiversity Strategy developed. Work on final strategy to continue in 2016-2017.

·    Hastings River Flood Study grant funding received in March 2016. Revised program developed. Work to continue into 2016-2017.

·    Flood Awareness Education Program development underway and will continue in 2016-2017.

·    Draft Contribution Plan for Open Space prepared.

·    Achieved efficient processing of development applications, construction certificates, and complying development certificates within benchmarked processing times.  

·    Implemented Solar Photovoltaic System at Council Head Office - Burrawan St Port Macquarie.

 

Operational Plan Actions Behind Target

 

·    Compliance with Environment Protection Authority licence effluent quality conditions slightly behind.

·    The landfill gas capture trial project at Cairncross Landfill is behind pending registration of the project with Clean Energy Regulator.

·    Wrights and Yarranabee Creeks Flood Study grant funding only received in March 2016. Revised program developed. Work will continue into 2016-2017.

·    Draft Koala Plan of Management (KPoM) - Proceeding in accordance with revised project plan. Note revised dates will be reflected in next OP targets. 

·    Over 1,800 (public) customer requests received along with 356 (Private) and 50 (reported illegal actions).  684 phone enquires also taken. This does not include calls transferred from call centre to mobile or landline. Overall, behind set target as a result of storm and wind events throughout June.

·    50 illegal tree works reported during this reporting period. A number of matters have not yet been actioned due to high number of customer requests generated during June as result of storm and wind activities.

 

Focus Area: Planning and providing our infrastructure

 

Focus Area

Performance measures

Behind target

On target / achieved

 

Planning and providing our infrastructure

221

55

166

 

Highlights

 

·    Port Macquarie Pool heat pump replacement complete.

·    Googik Track Stage 1 - shared walkway/cycleway complete.

·    Town Beach amenities/kiosk/marine rescue building complete.

·    Relocation of picnic shelters and BBQ’s at Bartletts Beach Reserve as part of the Bonny Hill’s Reserves Master Plan complete.

·    Playground replacement at Endeavour Park complete.

·    Replacement of infrastructure at Wauchope Skate Park complete.

·    Park furnishing upgrades complete at Lasiandra Park, Shelly Beach, Wall Reserve North Haven and Westport Reserve.

·    Playground replacement equipment at Timbertown estate complete.

·    Blackbutt reserve - installation of sub-surface drainage, amenities upgrade and replacement of sport infrastructure complete.

·    Lake Cathie Sporting Complex replacement of sports field light fittings complete

·    Pathway replacement at Glebe Park complete.

·    Replacement of the timber steps at Lake Cathie Foreshore Reserve complete.

·    Construction of the rising main along Ocean Drive from North Haven, North Haven to Laurieton and Stingray Creek bridge crossing complete.

·    Sancrox 20ML Reservoir complete in order to service Sancrox and Area 13 industrial and residential development areas.

·    Bonny Hills high level booster works including pipe and fitting replacements at Grants Head complete.

·    Upgrade of sewer mains in relation to Stingray Creek Bridge complete.

·    Port Macquarie-Hastings Local Area Traffic Study is continuing.

·    Completion of the provision of the centralised sewerage system for the North Shore for the Small Towns Sewerage Program.

·    Construction is ongoing on the new Stingray Creek Bridge.

·    Revaluation undertaken of Council’s community land and improvement assets with report received.

·    Aerial photography procured.

·    7% of sealed road network resealed this financial year. Some of which include local streets in North Haven and Dunbogan were resealed and Lord St / Kennedy Dr Port Macquarie, rehabilitation works on Ocean Drive, Lake Cathie.

·    Low trafficked road resurfacing program complete. 

·    Ferry slipping completed to the required standard.

·    All breakdowns relating to Sewerage treatment plants and Water treatment plants rectified within 24 hours.

·    All Water Treatment Plants monitored continuously by Council's remote water monitoring system (SCADA).

·    Sewage Treatment Plants continuously monitored by Council's remote sewer monitoring system (WIZCON).

·    All complaints recorded for the water and sewerage network as customer requests were responded to in accordance with service standards.

·    All main breaks relating to the water supply network were attended to within service standard. Customers and customer service centre notified as required.

·    Rolling program of customer water meter renewals complete.

·    All non compliance waste inspections captured and defects identified as required.

·    Council continues to work with the Laurieton community to define and deliver Town Centre improvements. Council and the community are also planning a street art festival and that will be the next phase of works in the CBD.

·    Council continues to work with the Wauchope community to develop the CDB, the main street project is currently underway.

·    Council delivered a number of successful activation projects in the Port Macquarie CBD.

·    Hamilton Green bitumen sealing of gravel driveway project completed.

·    Recommended options on incentive opportunities for the Liveable Neighbourhood Precincts was reported to Council 15 June 2016.

·    LEP amendments for the Gordon St (east) Lord St/Town Beach Precinct come into effect on 4 March 2016.

·    Beechwood Rd - construction from Bains Bridge to Rosewood Rd complete.

·    TCMP - Clarence St - Hay to Murray St intersection upgrade complete.

·    TCMP - Construction of intersection gateway from Clarence to Murray St complete.

·    Implementation of the Tacking Point Lighthouse Reserve Master Plan ongoing

·    Dunbogen to Laurieton Cycleway complete.

·    Town Beach amenities/Kiosk/marine rescue building complete.

·    Sancrox 20ML Reservoir for Sancrox and Area 13 industrial and residential development areas complete.

·    Condition rating and investigations for Short St drainage complete.

·    Cairncross Waste Facility Expansion complete February 2016.

·    Construction of Kew Transfer Station. Detailed design and approvals confirmed during December 2015. Construction tender assessment underway. Construction program and estimated costs to be confirmed following tender award (presented at July 2016 Ordinary Council Meeting). Works to continue into the 2016-2017 with construction as a multi-year project. 

 

Operational Plan Actions Behind Target

 

·    Works Depot relocation. Planning documentation has been finalised for submission for Council approval, based on completion of the following scopes of work: updated noise impact assessment; geotechnical testing; detailed site survey and design of civil infrastructure; structural and architectural design of office building; and updated cost estimate.

·    North South Link Road. Project has shifted from a single year to a multi- year project. Project planning, including procurement was completed in November 2015 with a contract awarded in February 2016. Consultant is behind schedule, in accordance with the contract program, with a planned completion date now in December 2016.

·    Settlement Shores - Hydrographic Survey and Maintenance Planning project. Hydrographic and Land Survey components of the project have been completed. First stage of community engagement has also been completed, with the initial Draft of the Maintenance Plan currently under review. Project completion delayed due to a lack of resources and other higher priority works / investigations.

·    The following projects are to be scheduled and completed, however were delayed due to other higher priority design projects and insufficient resources.

a.   Stormwater Remediation Designs.

b.   Lake and Jindalee Roads - Investigate and design stormwater drainage.

c.   East Port, Gordon / Owen Streets - investigate and design stormwater drainage.

·    The following projects are behind target:

a.   Open Drain Reprofiling - Oleander Avenue to Koala Street.

b.   Wrights Creek - Dredge to lower standing water levels and improve capacity.

Detailed environmental assessments have been finalised and approvals obtained. The works associated with the projects are currently being programmed for completion. Projects delayed to date due to the extensive environmental assessments required, a number of other higher priority projects and insufficient resources.

·    Broadwater canal structural condition assessments has been delayed due to resource constraints and other higher priority works/investigations. Quotations have been sought from specialist consultants and are due to be returned July 2016.

·    Implementation of the 2014-2017 Road Safety Action Plan and undertaking two major educational programs have been deferred until 2016-2017 due to resourcing constraints relating to the Road Safety Officer.

·    Stage 2 Westport Boat Ramp upgrade construction to be finalised in 2016-2017.

·    Granite Street No.2 20ML Reservoir - Geotechnical investigations undertaken. Further investigations undertaken by Council initiated during initial Concept development by NSW Public Works has led to revision of scope. New 25ML reservoir to be constructed on footprint of existing reservoir following demolition. Granite St Reservoir Zone to be fed from O’Brien's Road Reservoir during demolition/construction process. Rezoning works planned for 2nd quarter 2016- 2017. Procurement of valving required for rezoning underway. Concept design/contract documentation proceeding and planned for completion 2nd quarter 2016-2017. Demolition of existing reservoir and construction of new reservoir in 2017-2018.

·    O'Brien's Dam Rehabilitation works - Final designs and cost estimates issued by NSW Public Works. Project to proceed to construction phase, Request for quote has been delayed due to operational priorities, project will proceed early in new financial year. 

·    Kew/Kendall feasibility study gas chlorine system. This work is programmed in the 2016-2017 Operational Plan. 

·    Construct Southern Arm Trunk Main along Houston Mitchell Drive.  Burrawan Forest Drive section construction complete. Forests NSW consent provided for Cowarra Access Road route to avoid large deposits of naturally occurring asbestos. Operational Plan action will continue into 2016-2017. 

·    Sancrox Reservoir to Area 13 trunk main construction - Survey, geotechnical testing, design underway.

·    Flow meter installations and upgrade - Installation of Koree #2 rising main flow meter is complete. Rosewood #2 outlet flow meter likely to be installed at Lakewood due to a change in operational requirements. Investigations underway for installation of Cowarra Dam Bypass Flow meter. 

·    Port Dam switchgear upgrade.  Aurecon completing detailed design and specification for upgrade works. Aurecon have experienced delays in negotiations with Essential Energy which has delayed the design phase of the project. 

·    Camden Haven Sewerage Pump Station 22. A Dept of land administrative error (issuing of two separate DP numbers over the one parcel of land) has delayed the accusation process. Council’s statutory property consultant has resolved to have an amended application made to the office of local government. Process continues. 

·    Small towns sewerage program for Comboyne; Long Flat; and Telegraph Point. Further investigation being undertaken into an acceptable final effluent quality for discharge to the environment. University of New England engaged to undertake river impact study of proposed effluent discharge on the three river systems. Results of this may result in further rationalisation of treatment system to be adopted and thus a reduction in estimated cost of construction. Other aspects of design currently being finalised. Application for Funding under the Small Towns Sewerage program submitted 28 April 2016. Timing of response to application from Office of Water has not been provided. Program delivery will be affected by timing of funding response. 

·    Wauchope Dunbogan sewer treatment plant inlet. Modelling has been completed on inlet flows for the Wauchope Sewage Treatment Plant. Concept designs for flow management have been developed. Due to extended lead time on delivery of the unit installation is not anticipated until September 2016. 

·    Area 15 Sewerage Upgrade. Developer's design delay. Expected to call tenders July 2016. 

·    Replacement program for the sewer telemetry program has tender documentation complete with advertising planned for August 2016.

·    Camden Haven upgrade and upsize of mains and pump stations.  Sewer pump station upgrade complete. Mains upgrade ongoing. Design modification underway for rising main route to Reid Bridge. Additional survey and design required to accommodate design route change. Consultant to undertake survey and design modifications. Final design due for submission July 2016.  

·    John Oxley Drive Lake Innes area sewerage reticulation upgrade, PMQ Sewer Pump Station. Brief for survey, geotechnical testing and design finalised for procurement. Survey complete. Pipeline design underway as is electrical works upgrade.

·    Port Macquarie sewer treatment plant aerator. Quotes for replacement units have been received. Installation now scheduled for July 2016.

·    Undertake design/preconstruction of lighting and banner poles, including lighting up of trees. Project underway. Various Banner poles removed across CBD in accordance with Town Centre Master plan Priorities. Investigations will continue into 2016-2017 regarding the replacement of the banner pole system to become remote operated. Project will continue into 2016-2017. 

·    Beechwood Road upgrade. Concept design underway including consideration of flood levels, pedestrian traffic and pedestrian bridge(s). Project to continue into 2016-2017. 

·    Lake Road, detailed design of dual lanes. Scope of works provided and confirmed. Intersection treatments at Jindalee Rd and Fernhill Rd subject to traffic modelling confirmation. Survey engagement complete. Initial concept for Stage 1 (Ocean Dr to Chestnut) near completion. Project to continue into the 2016-2017.

·    Town Centre Master Plan (TCMP) - construct Town Square. Detailed design not complete. Project will continue into 2016-2017. 

·    TCMP - implement cyclist friendly actions. Scope of works determined and endorsed by Town Centre Master plan Sub Committee.

·    Flynn's Beach upgrade sea wall. Council resolved at the Ordinary Meeting in March 2015 that this item be deferred to the 2015-2016 Operational Plan. Commencement pending following recent announcement of additional Coastal Grant funding effectively doubling the available construction funding. Construction planning underway for commencement following summer period 2016-2017. 

·    Town Beach Reserve, construct public amenities. This project is yet to commence, however, detailed design and final approvals confirmed. Construction tender awarded at June 2016 Ordinary Council Meeting. Construction to commence July 2016 and be completed by December 2016. 

·    Stormwater remediation Batar Creek Road system, Kendall Stage 2. The detailed design commenced through external consultant engagement. Construction to follow design and pre construction finalisation. Project scheduled to continue into 2016-2017. 

·    Stormwater remediation Skyline Terrace Bonny Hills. Detailed design completed. Property matters are delaying commencement and negotiations underway with owner regards acquisition. Project to continue into 2016-2017. 

·    Stormwater remediation flood remediation Blackbutt Creek, Wauchope. Detailed design completed. Property matters are delaying commencement and negotiations ongoing regarding acquisition. Project to continue into 2016-2017.

·    Open Drain reprofiling at Oleander Ave to Koala Street delayed due to extensive environmental assessments required.

·    Calwalla Crescent stormwater remediation. Detailed design finalised. Construction planning underway and project will continue into 2016-2017. 

·    Draft Port Macquarie-Hastings Urban Growth Management Strategy (UGMS) preparation underway but has been delayed due to late release of Draft North Coast Regional Plan by the State Govt. Based on current advice from NSW Planning and Environment regarding final release of North Coast Regional Plan, it is anticipated that a draft UGMS could be reported in October 2016.

·    State government review of the Mid North Coast Regional Strategy is behind due to State government delay in releasing draft Plan for exhibition until March 2016.

·    Draft LEP amendments for the South Lindfield urban release area reported to Council in November 2015. Implementation ongoing prior to public exhibition, further work on draft Voluntary Planning Agreement to satisfy Office of Environment and Heritage.

·    Precinct C of the Lake Cathie/Bonny Hills Urban Release Area is awaiting resolution of Part 3A modification between applicant and State Government. Consultation undertaken with proponent and draft Plan in readiness.

·    Development Control Plan amendments for Thrumster (Area 13)  rely on higher level policy of Koala Plan of Management (KPoM) before they can be progressed.

·    Neighbourhood planning for Thrumster (Area 13) comprehensive KPoM project has taken priority given the need for consistency in koala policy at Thrumster and elsewhere.

·    Dunbogan Reserve

-     Replacement of revetment wall. Project not proceeding as planned. The Recreational Boating Needs Study for the Camden Haven River has commenced. This study will prioritise future recreational boating works for this estuary.

-     Playground equipment replacement - this project has commenced but will not be completed this financial year. Project to continue into 2016-2017.

·    Henry Kendall Reserve, develop leash free dog area. Need for additional geotechnical investigations on previous night soil dump site required prior to any building works.  Work will progress as soon as geotechnical advice has been provided. Project to continue into 2016-2017.

·    Bonny Hills Reserve, upgrade public amenities. Options being considered in regards to funding with possible grant funding being sought by Bonny Hills Progress Association to allow for full renewal of amenities. A carryover of funds has been requested for this project.  

·    Town Green, design and implement Master Plan. This project has commenced but will not be completed this financial year. Project to continue into 2016-2017.

·    Kooloonbung Creek Nature Park

-     Interpretive signage. This project has been significantly delayed due to Flying Fox breeding and the lateness Little Red Bat migration from the site. Project to continue into 2016-2017.

-     Replace timber boardwalk. This project has been significantly delayed due to Flying Fox breeding and the lateness Little Red Bat migration from the site. Project to continue into 2016-2017.

·    Pappinbarra Reserve, this project has commenced but will not be completed this financial year. Project to continue into 2016-2017.

·    Tuffins Lane Sporting Facilities - upgrade incoming power supply. Project is on hold whilst Council considers the impact of the sale of part of Tuffins Lane Sports Fields by Panthers.  

 

Options

 

Seek further information on details reflected in this report.

 

Community Engagement & Internal Consultation

 

The information contained in this report has been subject to consultation and review with the Executive, Senior Leadership Team, Integrated Planning and Reporting Officer and Staff.

 

Planning & Policy Implications

 

This report is consistent and aligned with the Integrated Planning and Reporting Framework provisions contained in the Local Government Act (1993).

 

Financial & Economic Implications

 

The Quarterly Budget Review Statement is tabled under separate cover and reflects the financial implications of these actions.

 

 

Attachments

 

1View. 2015-2016 Operational Plan end of year report as at 30 June 2016

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.05

 

Subject:     End of Term Report 2012-2016 - Towards 2030 Community Strategic Plan

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.1  Engage with the community on impacts and changes of operations.

 

 

 

RECOMMENDATION

 

That Council adopt the End of Term Report providing an update on implementation of the Community Strategic Plan for the period 2012-2016.

 

Executive Summary

 

The Local Government Act Section 406 provides that the End of Term Report  presents progress on achievements in implementing the Towards 2030 Community Strategic Plan (CSP) and is to be presented at the final meeting of the outgoing Council. 

 

The aim of the report is to provide details on achievements to date against the CSP.  It outlines projects, activities and actions that have been conducted over four years (2012-2016) which have contributed toward progressing achievement of the strategic outcomes identified in the CSP.

 

Following the Local Government elections in September 2016, the newly elected Council is required to complete a review of the CSP by June of the following year.

 

Discussion

 

This End of Term Report provides the Council with the opportunity to report back to the community on the effectiveness of the strategies outlined in the 2013-2017 Delivery Program (DP) in achieving the key aspirations outlined in the CSP.

 

In Towards 2030 the vision of the community is that the people of the Port Macquarie-Hastings will be:

 

·    Living in a harmonious, safe and connected community.

·    Enjoying participatory local democracy.

·    Accessing quality infrastructure including roads, waste, water and sewerage management.

·    Benefitting from quality urban design that encourages open use of spaces and provides easy access between our towns and villages.

·    Enjoying economic prosperity and having access to quality education and training.

·    Actively participating in inclusive community activities.

·    Preserving and protecting our natural habitats.

 

Over the past four years, Council has conducted significant community engagement activities encouraging residents to have their say to help guide future planning needs of the local area. This engagement has included but not been limited to the following:

 

·    the Listening and Engaging with the community program,

·    taking the Council to the Community Program to regional areas, and

·    online discussion forums through the PMHC Listening community engagement tool.

 

An additional element of this engagement involved two major surveys which were conducted in 2012 and 2015. In these surveys, Council sought to examine community attitudes and perceptions towards services and facilities provided to the community. Each survey aimed to assess and identify the community’s priorities in terms of importance and satisfaction in relation to council activities, services and facilities for years 2012 and 2015.

 

The community survey told us that overall, the community was more satisfied in 2015 than it was in 2012.  These results confirm to Council, that the projects and activities that have been undertaken in past annual Operational Plans have had a positive impact on delivering the intended outcomes to the community throughout the Port Macquarie-Hastings local government area.

 

Focus Area Highlights

 

Achievements within each Focus Area are shown in the attached End of Term Report which provides commentary on projects, activities and actions delivered over the four year period aligned with survey results demonstrating the impacts of these achievements on community satisfaction levels. 

 

These focus areas include:

 

1)   Ensuring Good Governance.

2)   Looking after our People.

3)   Helping our Community Prosper.

4)   Looking after our Environment.

5)   Planning and Providing our Infrastructure.

 

Options

 

Nil.  This report is a statutory requirement under the Local Government Act Section 406 (Integrated Planning and Reporting Guidelines, Essential Element 1.10).

 

Community Engagement & Internal Consultation

 

General Manager, Divisional Directors, Group Managers and Council staff.

 

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. End of Term Report 2012-2016

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.06

 

Subject:     Monthly Financial Review for July 2016

Presented by: Corporate and Organisational Services, Rebecca Olsen

 

Alignment with Delivery Program

1.4.2  Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

 

 

 

RECOMMENDATION

 

That Council adopt the adjustments in the “Financial and Economic Implications” section of the Monthly Financial Review for July 2016 report.

Executive Summary

 

This report will detail the monthly budget adjustments to 31 July 2016.

 

The Council adopted budget position as at 1 July 2016 was a shortfall of $840,219. 

During the month of July 2016, there have been budget adjustments that if adopted will increase the budget shortfall to $996,487.

 

This month, an adjustment has been made to the budget to reflect the anticipated cost of providing Lifeguard Services this financial year as per Item 15.04 considered at the July 2016 Council Meeting including the additional funding for Service Option 1 as outlined in the July report.

 

Discussion

 

Monthly Budget Adjustments for July 2016

 

Each month, Council’s budgets are reviewed by Managers and Directors with any required adjustments reported.  The purpose of this report is to provide Council with an up to date view of the current actual financial position in comparison to the original adopted 2016-2017 budget along with the proposed movement of funds to accommodate any changes.

 

Monthly Budget Review Summary

 

 

Original Budget as at 1 July 2016

 

Shortfall

 

($840,219)

Plus adjustments:

 

 

July Review

Shortfall

($156,268)

 

Forecast budget position for 30 June 2017

 

Shortfall

 

($996,487)

July 2016 Adjustments

The following adjustments reflect the additional budget adjustments included in this report that impact Council’s budget position:

 

Item

Surplus/

Shortfall

Amount $

Comment

Lifeguard Services

Shortfall

($156,268)

This adjustment is in line with item 15.04 to the July 2016 Council Meeting.  In previous years the budget has been insufficient to cover the actual expenditure.  This adjustment increases the current budget to the amount noted in the report including the additional amount for Service Option 1 outlined in the July report.

Total

Surplus

  ($156,268)

 

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 projects

1

Grant

$510,003

Contribution projects

2

Contributions

$2,500

New Loan

3

Loan

($15,131)

S94 Expenditure

4

   S94

$23,000

Reserve Expenditure

5

Reserve

$90,000

Total

 

 

$476,101

Within the July 2016 adjustments, the following are included:

1.    Council has received three new grants totalling $548,450 this month and another grant project needs to be reduced by $38,447 due to prior year expenditure;

-     PM Litter Prevention and Education Program - $117,200

-     Remberence Drive - Colling Road Works - $225,000

-     Comboyne Road - Improve Line Marking and Signage - $206,250

-     2016 Annual Program Funding - Art Gallery - Reduction of $38,447 for expenditure incurred in 2015/16.

 

2.    Council has received a contribution towards youth sponsorship in the amount of  $2,500.

 

3.    Council borrowed $1,500,000 for Waste Management in June 2016 at a lower interest rate than was budgeted for in 2016/17.  This adjustment reflects the reduced repayments of $15,131.  The saving has been transferred to Waste Management reserves.

 

4.    Section 94 expenditure of $23,000 has been allocated to cover additional temporary staff resourcing required in the development contributions section due to the upsurge in development in the area.

 

5.    Road Renewal Reserve funding has been allocated to cover additional work with the stormwater camera to assist in managing the flooding issues at Blackswan Terrace and surrounds - $90,000. 

 

It should also be noted that:

 

-    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.

-    Any potential gains in interest income have not been taken into consideration into these calculations.

Options

 

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

 

Planning & Policy Implications

 

There are no planning and policy implications.

 

Financial & Economic Implications

Attached to the report for information is each individual budget adjustment by Division and Section. The net budget movement of $156,268 for July 2016 increases the current shortfall position to a shortfall for the year of $996,487.

 

Responsible Accounting Officer Statement

The approved budget shortfall for 2016-2017 at the beginning of July 2016 was a shortfall of $840,219. The adjustments included in this report will increase this shortfall position to a budget shortfall of $996,487. The shortfall position is considered an un-satisfactory result for the year and as such budgets will need to be closely monitored during the remainder of the year with a view to reducing this shortfall.

 

 

Attachments

1View. July 2016 Budget Review

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.07

 

Subject:     2015-2016 Financial Statements Audit

Presented by: Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.2  Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

 

 

 

RECOMMENDATION

 

1.    That Council refer to audit the draft Financial Statements as at 30 June 2016.

2.    That the Statement by Councillors and Management be signed by the Responsible Accounting Officer, the General Manager, the Mayor and one Councillor as required by the Local Government Act 1993.

 

 

Executive Summary

 

Section 413(1) of the Local Government Act, 1993 requires that “a council must prepare financial reports for each year and refer them to audit as soon as practicable”.  Council must also prepare a Statement by Councillors and Management as to their opinion on the general purpose and the special purpose financial statements.

 

Discussion

 

The draft financial statements for the year ended 30 June 2016 are nearing completion.  The external audit is due to commence on the 12 September 2016 and will run for one week.  The auditors aim is to complete their audit by the end of September 2016 which means the statutory deadline of 31 October 2016 will be met.  A copy of the audited financial statements is due at the Office of Local Government by 31 October 2016.

 

This resolution allows Council to refer the draft statements to the auditors for the purpose of conducting the final audit.  It also allows for the signing of the two “Statements by Councillors and Management” in the approved form as to Council’s opinion on the general purpose financial statements and the special purpose financial statements.

 

After the audit is complete, a full set of the financial statements will be distributed to staff and then put to a meeting of Council.

 

Options

 

There are no options available, as this is a requirement under Section 413(1) of the Local Government Act 1993.

 

Consultation/Submissions

 

Consultation in completing the financial statements has taken place with all Divisions.

 

Planning & Policy Implications

 

There are no planning and policy implications as a result of this report.

 

Financial & Economic Implications

 

There are no financial and economic implications as a result of this report, as this report is simply committing Council to refer the draft financial statements to audit as per Section 413(1) of the Local Government Act 1993.

 

 

Attachments

 

1View. 2015-16 General Purpose Statement

2View. 2015-16 Special Purpose Statement

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.08

 

Subject:     2015-2016 Carry-over Projects

Presented by: Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.2  Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

 

redu

 

RECOMMENDATION

 

That Council:

1.    Adopt the 2015-2016 carry-over projects outlined in the report for inclusion in the 2016-2017 budget.

2.    Amend the 2016-2017 one year Operational Plan to include all projects approved to be carried over as individual action items.

 

Executive Summary

 

This report lists projects from the 2015-2016 budget which were not completed in the financial year and need to be carried over into the 2016-2017 budget to enable finalisation.

 

Whilst the carry-over amount is higher than in previous years, preliminary expenditure figures show that Council has expended over $73 million in 2015-2016 on works program projects.  This is significantly higher than previous years, as shown by the following table:

 

Year

Total Works Program Spend

2015/2016

$73,279,401

2014/2015

$45,560,938

2013/2014

$42,870,238

2012/2013

$44,279,580

2011/2012

$35,180,355

2010/2011

$34,973,162

 

Discussion

 

It is normal practice for Council(s) to carry forward some project budgets from the previous financial year to enable their completion in the coming financial year.

 

Attached to this report is a full listing of projects that were partially completed in 2015-2016 and need to be carried over to allow completion in the 2016-2017 financial year. The current carry-over value for 2015-2016 is $32,350,287.  The funding dissection of the carry-over is not finalised at this stage due to year end processes.  A table outlining the funding of the carry-over projects will be included in the August monthly financial report.

 

The carry-over can be broken down by Fund and Section as follows:

 

Fund

Section

Budget to be carried over

Broadwater

Broadwater Special Rate

30,527

Broadwater Total

 

30,527

General Fund

Asset Design

711,418

 

Assets & Projects

39,900

 

Bushfire Control

30,533

 

Centralised Construction Projects

7,951,586

 

Community Engagement

8,000

 

Community Place

301,604

 

Drainage

577,955

 

Economic Development

63,672

 

Facilities

30,000

 

Fleet Management

2,964,244

 

Geographical Information Systems

45,000

 

Information Technology

1,673,380

 

Library

81,431

 

Major Events

5,000

 

Natural Resources

462,714

 

Network & Project Planning

274,768

 

Noxious Plants

52,179

 

Parks & Recreation

2,197,149

 

PM Town Centre Masterplan

552,987

 

Transport and Traffic

7,206,793

General Fund Total

 

25,230,313

Sewerage Fund

Sewerage Services

4,193,547

Sewerage Fund Total

 

4,193,547

Waste Fund

Waste Disposal

109,815

Waste Fund Total

 

109,815

Water Fund

Centralised Construction Projects

470,000

 

Water Supply

2,316,084

Water Fund Total

 

2,786,084

Grand Total

 

32,350,287

 

There are a number of reasons why project budgets need to be carried over into the next financial year. Some of these reasons are summarised as follows:

 

Grant Funded Projects

 

If a project is subject to grant conditions Council is obligated to carry-over any unspent funds for the purposes of completing the project. If all of the grant funding is not required, then Council is generally required to repay the unspent grant funds.  The carried over grant funding will be outlined in the August monthly budget review report.

 

Operational Considerations

 

Many operational considerations impact on Councils’ ability to deliver projects as scheduled. Such considerations can include weather impacts, disaster events, competing projects which may divert resources away from scheduled delivery, resourcing implications (eg. staff absences and vacancies), third party impacts beyond the control of Council (eg. project partners) and market forces (eg. availability and cost of materials/contractors etc).

 

Not completing a project which has already commenced may expose Council to a range of risks including those in the areas of public safety, political, reputational, legal and financial.

 

Budget Development Timeframes

 

The Council budget each year commences development in the August prior to the financial year to which it relates. It is often difficult to estimate so far in advance what impact any of the above operational considerations may have on project delivery.

 

Multi-year Projects

 

Many projects, due to scheduled commencement in the latter part of a financial year or to the size and scale of the project, may have always been intended to be completed over more than one financial year. Projects that have design and construction elements can often span financial years. Estimating the split by year can be difficult given the budget timeframes as previously mentioned.

 

Of the total carry-over of $32,350,287, projects that are considered to be multi-year projects amount to $27,985,025 or 86%.

 

During the compilation of the 2017-2018 works program, continued work will be undertaken to try and phase the project budget over the years it is expected to be expended in.

 

Recent History

 

The carry-over amount proposed in this report is greater than the carry-over amounts in the previous financial years of 2014-2015 and 2013-2014 of $21M and $23.1M respectively.  It should be noted however, that at the February 2015 Council meeting $41,297,975 worth of 2014-2015 capital works projects were deferred into 2015-2016 by Council.

 

Preliminary expenditure figures show that Council has expended over $73 million in 2015-2016 on works program projects.  The final expenditure figures will not be known until mid August.  Some of these projects are capital whilst others are operational in nature.  This expenditure is in addition to recurrent operational expenditure incurred in delivering services to the community. Works Program Spend over recent years is as follows:

 

Year

Total Works Program Spend

2015/2016

$73,279,401

2014/2015

$45,560,938

2013/2014

$42,870,238

2012/2013

$44,279,580

2011/2012

$35,180,355

2010/2011

$34,973,162

 

Future considerations

 

Council remains committed to ensuring that where appropriate, improvements to processes and practices are achieved.

 

Phased capital budgets have been included in the 2016-2017 works program. The implementation of regular monitoring through the phasing of capital budgets will assist in the early detection and management of potential carry-overs during the current year. 

 

In preparation for the upcoming 2017-2018 budget process, it is intended to tighten the process further. Heightened consideration will be given to the organisations resourcing capability during development of the works program for the next financial year.

 

It should be noted that whilst ongoing improvements will be made to the budget process with a view to reducing the quantum of carry-overs, some level of carry-over should still be expected for the reasons outlined in this report.

 

Options

 

Council has the option of approving the carry-overs in total, in part or not approving them at all. If no carry-over projects are approved, the projects that are currently partially completed would not be able to be finalised and any grant funding currently available for projects would be required to be returned to the relevant funding body. As outlined in the body of the report, other risks may exist by not approving various carry-over budgets.

 

Consultation/Submissions

 

Consultation has taken place with all Divisions of Council.

 

Planning & Policy Implications

 

There are no direct policy implications as a result of this report, however the Operational Plan for 2016-2017 will need to be adjusted to include the carry-over projects to be completed in 2016-2017.

 

Financial & Economic Implications

 

The attached report outlines the carry-over projects and the amount of the carry-over for each project. By carrying over the remaining budgets for these projects, funding will be available in 2016-2017 to undertake the works remaining on these projects.

 

 

Attachments

 

1View. 2015-2016 Carry-over Report

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.09

 

Subject:     Investments - July 2016

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.2  Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

 

$3,083,761

 

RECOMMENDATION

 

That Council note the Investment Report for the month of July 2016.

 

 

Executive Summary

 

This report has been prepared based on the investment position as at 20 July 2016 with earnings accrued to the end of July 2016. This earlier cut off is due to the earlier than normal Council meeting date. Any transactions between 20 July 2016 and month end will be captured in the next report.

 

·    Total funds invested as at 20 July 2016 equals $209,296,598.

·    Year-to-date investment income of $578,940 is 13.28% of the total annual investment income budget of $4,358,600.

·    In line with Council’s Investment Policy, the total portfolio has performed above benchmark levels.

 

Discussion

 

This report provides details of and certifies that all funds that Council has invested as at 20 July 2016, comply with Section 625 of the Local Government Act 1993. All investments have been made in accordance with the Act and Regulations, and Council’s Investment Policy.

 

At the time of writing this report, key end of year financial transactions were still being processed which will impact the July determination of monies between Council funds.  Consequently, investments by Funds are not detailed in this report.

 

As at 20 July 2016, the investments held by Council totalled $209,296,598.

 

These monies are predominantly restricted funds from loans, s94 contributions and other avenues which are committed for future works.  These funds may be spent in the shorter or longer term depending on whether they are allocated to specific projects or held to accumulate to allow for larger works. The totals will fluctuate dependent on the status of individual projects.

 

Of the total investments, only a small portion relates to unrestricted funds, with most of the unrestricted funds being required to fund day to day operations. The total amount of unrestricted funds available is calculated only at financial year end. As at 30 June 2015 the amount was $3.654m. Calculations for 30 June 2016 are still underway.

 

Portfolio Performance

 

·    Council’s total investment portfolio performance as at 20 July 2016 was 1.18% above the benchmark (3.17% against 1.99%).  Benchmark being the Bank Bill reference rate as at 19 July 2016 in the Australian Financial Review published 20 July 2016.

·    The total year-to-date investment income of $578,940 is 13.28% of the total annual budget of $4,358,600.

 

 

The year-to-date actual reflects total earning including both cash and accruals.

 

Investment Portfolio Mix

 

Council’s current portfolio is represented by cash and term deposits. The total term deposits represent 95.21% of the total investment portfolio.  As at 20 July 2016, the total investment portfolio was $209,296,598 down from $210,196,598 as at the end of June 2016. This consists of term deposits of $199,262,000 and cash $10,034,598.

 

 

 

 

Term Deposits - Current month (20 July 16) $199,262,000 - Prior month $193,262,000

 

Council’s Investment Policy identifies the maximum amounts that can be invested in term deposits within the various maturity constraints and the amounts which can be held with various institutions based on their respective credit ratings.

 

Council’s current term deposit portfolio mix as at 20 July 2016 is as follows:

 

Table 1 - Term to Maturity

 

This table shows the amounts invested within the following maturity terms in accordance with limits as established by Council’s Policy:

 

 

 

Table 2 - Overall Portfolio Credit Framework

 

This table shows the amounts held with various institutions based on their respective credit ratings against the maximum limits set for each credit rating category. Setting limits precludes over exposure in any category held in comparison to the maximum allowed and are shown in the table below:

 

 

These tables show the total amount held for Council’s term deposits as at 20 July 2016.

 

Credit Unions are regarded as ADI’s (Authorised Deposit Taking Institutions) and generally do not have ratings. Under the regulation of Australian Prudential Regulation Authority (APRA), all ADI’s have to meet the same requirements in terms of capital adequacy (how much capital they are required to hold), ensuring they don’t take on too much leverage and become insolvent. In addition, ADI’s are an eligible investment under the Minister’s Order. 

 

This month Council invested $2m with the local Holiday Coast Credit Union.

 

Cash - Westpac Business Cash Reserve Account

Current month (20 July 16) $10,034,598 - Prior month $16,934,598

 

This is not available unrestricted cash.

 

This is a maxi account which the Council uses as a cash management tool only. Funds are transferred in and out of this account daily prior to investment, given its higher rate of interest than the general payment account. Levels in this account vary dependent on the time of month and rate payer/creditor cycle.

 

Throughout the month of July, up to 20 July, $6 million in funds matured with a further $4,362,000 to mature in late July.  $12m in funds were invested into term deposits in early July. 

 

It should be noted that funds currently within the Westpac Business Cash Reserve Account are attracting an interest rate of 2.45% being the current cash rate plus 0.7% (based on the cash rate drop on 3 May 2016), which performs better  than the benchmark (1.99% July).

 

The largest sector of the portfolio is the term deposit allocation of $199,262,000 (last month $193,262,000) or 95.21% of the total.


 

Investment Portfolio by Maturity Date - as at 20 July 2016

 

 

 

*The investments highlighted in yellow in the table above are new investments for July 2016.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Council uses the services of an independent financial advisor, on an as needs 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. The services of an independent financial advisor were not required. 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 20 July 2016 is 1.18% above the benchmark (3.17% against 1.99%) and year to-date income at 13.28% 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. This financial year to date Council has refunded bonds with an associated interest component of $3,115.72 which will be monitored and advised monthly.

 

Certification

 

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

 

 

Robyn Wilson

Responsible Accounting Officer

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.10

 

Subject:     Loan Review - Final Outcome

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.2  Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

 

 

 

RECOMMENDATION

 

That Council note the information include in the Loan Review - Final Outcome report.

 

Executive Summary

 

In May 2016, a report was put to Council outlining a proposed loan review.  This review has now been finalised.

 

Discussion

 

The May report identified potential savings in the order of $2.26m over the life of the loans (up to 13 years), but with an adverse profit impact of $3.5m in the year of refinancing due to break costs.

 

The fixed loans were refinanced in June with a final saving of $2.5m over the life of the loans with a first year adverse impact of $3.7m due to break costs.

 

Additionally two variable loans were also fixed taking advantage of the current low interest rate regime.

 

Attached is a “Confidential attachment - Loan review finalisation” which provides further break downs of loans.   This attachment is confidential as it “provides information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct business.  Local Government Act 1993 - Section 10A(2)(c).”

 

Options

 

Options were highlighted in the original report. The refinancing has now been concluded. Council has the option to either adopt the report, to amend, or not to adopt.

 

Community Engagement & Internal Consultation

 

Internal consultation has occurred with General Manager and Directors. There were no submissions.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The refinancing has saved Council in the order of $2.5m over the life of the loans.

 

 

Attachments

 

1View. Confidential Attachment - Loan Review Finalisation (Confidential)

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          09.11

 

Subject:     Payment of Expenses and Provision of Facilities to Councillors Policy

Presented by: Corporate and Organisational Services, Rebecca Olsen

 

Alignment with Delivery Program

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

 

 

 

RECOMMENDATION

That Council:

1.    Pursuant to Section 253 of the Local Government Act 1993, place on public exhibition from 16 September 2016 until 13 October 2016, the draft Payment of Expenses and Provision of Facilities to Councillors Policy.

2.    Note that a further report will be tabled at the November 2016 meeting of Council, detailing the submissions received from the public during the exhibition period.

 

Executive Summary

 

The objective of the Payment of Expenses and Provision of Facilities to Councillors Policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred, or to be incurred by the Mayor and Councillors.

 

The Policy provides for adequate, fair and equitable payment or reimbursement of expenses and provision of facilities to the Mayor and Councillors to enable efficient discharge of the functions of Civic Office.

 

The review of the Payment of Expenses and Provision of Facilities to Councillors Policy has now taken place in line with statutory requirements. The review has been undertaken by the Group Manager Governance and Executive Services to ensure that the expenses and facilities provided for under the Policy enable Councillors to efficiently discharge the functions of Civic Office.

 

It is proposed that the draft Payment of Expenses and Provision of Facilities to Councillors Policy be publicly exhibited from 16 September 2016 until 13 October 2016, during this period Council will accept submissions from the public.

 

The draft Payment of Expenses and Provision of Facilities to Councillors Policy includes changes to travel allowances and incidentals in line with the relevant Australian Tax Office taxation determination.

Discussion

 

The objective of this Policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred, or to be incurred by the Mayor and Councillors. The Policy provides for adequate, fair and equitable payment or reimbursement of expenses and provision of facilities to the Mayor and Councillors to enable efficient discharge of the functions of Civic Office.

 

The Local Government Act 1993 (the Act) requires that councils develop a Policy for the payment of expenses and provision of facilities to councillors. Due to the statutory obligations no additional options are available to Council with respect to this Policy. Council must adopt a Policy in some form.

 

Background

 

A Governance Review Consultation Panel was established on 23 March 2011 by, the then, Council Administrator with the objective to “develop policies, procedures and mechanisms to ensure Council is governed in the best interests of the community, its visitors and investors”.

 

The governance review process identified areas requiring address and reviewed current adopted Policies to determine whether they are consistent with their objective. The Payment of Expenses and Provision of Facilities to Councillors Policy was one of the current Council Policies that was reviewed.

 

As a result of this previous review the Policy was bought into line with the Office of Local Government section 23A Guideline for payment of expenses and the provision of facilities for Mayors and Councillors in NSW, which Council is required to consider prior to the adoption of the Policy.

 

Review of the Payment of Expenses and Provision of Facilities to Councillors Policy

 

The current Payment of Expenses and Provision of Facilities to Councillors Policy was adopted at the November 2015 Ordinary Meeting of Council.

 

A review of the Payment of Expenses and Provision of Facilities to Councillors Policy has now taken place in line with statutory requirements and is now required to be publicly exhibited.

 

The existing Policy has been updated to reflect the changes to travel allowances and incidentals in line with the relevant Australian Tax Office taxation determination.

Payment of Expenses and Provision of Facilities to Councillors Policy is provided as Attachment 1.

 

It is planned to undertake community consultation in line with Council’s Community Participation Policy. The Act and the Community Engagement Policy require Council to both inform and consult with the community on the draft Payment of Expenses and Provision of Facilities to Councillors Policy.

 

The draft Payment of Expenses and Provision of Facilities to Councillors Policy is proposed to be publicly exhibited for 28 days from 16 September 2016 until 13 October 2016. Council will accept submissions from the public on the draft Policy during this period.

 

Once the submission period has ended, any submissions received will be considered and amendments made where deemed necessary.

 

The Payment of Expenses and Provision of Facilities to Councillors Policy will then again be presented to Council at the November 2016 Ordinary Meeting of Council for formal adoption.

Options

 

Council can resolve to not place the draft Payment of Expenses and Provision of Facilities to Councillors Policy on exhibition. However, it should be noted that this action will result in the potential breach of Council’s statutory obligations.

Community Engagement & Internal Consultation

 

Community Engagement

 

It is proposed that the Payment of Expenses and Provision of Facilities to Councillors Policy be publicly exhibited from 16 September 2016 until 13 October 2016.  This is the statutory requirement of a 28 day period.

 

Council will accept submissions from the public on the draft Payment of Expenses and Provision of Facilities to Councillors Policy during the identified period.

 

Internal Consultation

 

·    General Manager.

·    Director of Corporate & Organisational Services.

·    Group Manager Governance and Executive Services.

Planning & Policy Implications

 

The draft Payment of Expenses and Provision of Facilities to Councillors Policy proposes amendments of a minor nature to the current Policy. The draft Policy is provided as Attachment 1.

Financial & Economic Implications

 

Appropriate budget allocations exist in the 2016-2017 budget for the payment of expenses and provision of facilities to Councillors.

 

 

Attachments

1View. Draft Payment of Expenses & Provision of Facilities to Councillors Policy

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

What are we trying to achieve?

Our social infrastructure and community programs create a healthy, inclusive and vibrant community.

 

What will the result be?

 

·                Community hubs which provide access to services and social connections.

·                Services that support an ageing community to live in a way that they desire.

·                Available and accessible preventative health and medical services.

·                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 do we get there?

 

2.1     Create an environment and culture that allows the Port Macquarie-Hastings community to feel safe.

2.2     Provide young people with a range of leisure activities and opportunities for personal development.

2.3     Provide medical and social services for all members of the community.

2.4     Develop partnerships within the community to build on existing strengths and improve areas of social disadvantage.

2.5     Create events and activities that promote interaction and education.

2.6     Provide social and community infrastructure and services.

2.7     Empower the community to be active and involved in community life.

2.8     Promote cultural and artistic expression.

2.9     Promote a healthy lifestyle through education, support networks and facilities.

 

 

 

 

 

 

 

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          10.01

 

Subject:     Compliments and Complaints Annual Report 2015-2016

Presented by:  Community and Economic Growth, Tricia Bulic

 

 

Alignment with Delivery Program

 

1.5.3  Ensure ratepayer value for money through continuous improvement in quality, effectiveness and efficiency of delivery of Council services.

 

 

 

RECOMMENDATION

 

That Council note the Compliments and Complaints Annual Report for 2015-2016.

 

Executive Summary

 

In 1998, Port Macquarie-Hastings Council adopted a compliments and complaints management system.  As a result, all compliments and complaints received within the annual reporting period are tabled for Council’s information.

 

This report summarises all compliments and complaints received across the financial year from 1 July 2015 to 30 June 2016. 

 

A total of 198 written compliments for Council staff were received during the 2015-2016 which is 7% percent less than the 212 compliments received during 2014-2015.

 

A total of 28 complaints were received and resolved during this period which is 30% less than the 41 complaints during 2014-2015.  This also compares favourably with the 45 complaints received in the reporting period 2013-2014.

 

Analysis of this data indicates a positive and consistent trend in reducing complaints received.  While written compliments have also reduced, there has also been a significant increase in Council’s use of social media during this reporting period.

 

Customers are using social media, predominately Facebook, to interact with Council and provide feedback.  Council’s social media accounts are managed by the Communications team in conjunction with Customer Service to ensure delivery of a consistent message.

 

There were 30,583 referrals received during 2015-2016 which is a 15% increase compared to 26,514 received during the 2014-2015 reporting year. 

 

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 compliments report 2010-2011 - 2015-2016 categorises compliments by the basis for the compliment and the business unit the staff member/s works.

 

A breakdown of the basis of customer compliments to staff is as follows:

 

Exceptional service delivery                          94%

New Council initiative                                      1%

Successful partnership                                    3%

Community relations enhancement                2%

 

Recognition of “successful partnerships” between Council staff and external parties was highlighted through compliments from the Manufacturing & Engineering Expo (Economic Development), Volunteers Ironman (Economic Development), and Country Women’s Association (Place Making & Environmental Services).

 

“Community relation enhancements” recognised by members of the community during this reporting year included the installation of the Wauchope planter boxes and the Beach to Beach river walk footpath works between the Boatshed and the Dunbogan Store.

 

Council’s Infrastructure and Assets Management Division recorded the greatest number of compliments - 84 of the 198 received this year. Importantly, 56 of these related to roads and infrastructure delivery.

 

The top business units to be recognised through compliments were:

 

Roads                                                             19%

Recreation and Buildings &                           18%

Infrastructure Delivery                                   18%

Customer Service                                          13%

Building and Development                               8%

 

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 2010-2011 - 2015-2016,  categorises complaints by the reason the customer lodged the complaint (complaint objective) 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 28 complaints were received and completed in this reporting period - representing a decrease of 32% from the 41 complaints received in 2014-2015, and a 38% decrease from the 45 received in 2013-2014.

 

There was a decrease in complaints from 2014-2014 to 2015-2016 in the following objectives:

 

-     Receive an explanation/apology dropped from 8 complaints to 2.

-     Service to be provided dropped from 2 complaints to 0.

-     Change in practice/policy or procedure dropped from 5 complaints to 4.

-     Costs/Fees refund dropped from 4 complaints to 0.

 

There was an increase in complaints in the following complaint objectives:

 

-     Register concern/dissatisfaction increased from 21 complaints to 22.

 

Of the 28 complaints resolved in 2015-2016, 20 or 71% were resolved within 7 days and 8 or 29% were resolved in 28 days.

 

71% of complaints were resolved within 7 days, which was an improvement from the 69% resolved within 7 days in 2014-2015.

 

General

 

The 32% reduction in customer complaints is a reflection of the dedicated work being undertaken by staff to ensure quality service, increase efficiencies and driving towards a more positive customer experience.

 

This reduction can also be attributed to the following:

 

·    Delivery of the Operational Plan and the many improvements made to roads, parks and playgrounds.

·    The implementation of the Customer Experience Charter and the increased understanding from Council staff on the importance of providing consistent levels of internal and external customer service.

·    Continued emphasis on engaging the community.

 

Compliment and complaint information has been summarised in the attached tables however detailed information can be provided to Council if required.

 

Options

 

Council may seek additional information in relation to this report.

 

Community Engagement & Internal Consultation

 

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

 

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. Staff compliments summary report 2015-2016

2View. Complaints against Council summary report 2015-2016

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          10.02

 

Subject:     Alcohol Prohibition - Australia Day 2017

Presented by:  Community and Economic Growth, Tricia Bulic

 

 

Alignment with Delivery Program

 

2.1.1  Provide leadership in implementing safety initiatives.

 

 

 

RECOMMENDATION

 

That Council extend the existing alcohol restrictions to implement a 36 hour alcohol prohibition on all public reserves and beaches for Australia Day 2017.

 

Executive Summary

 

The Australia Day weekend in 2016 saw an increase in alcohol fuelled incidents across all Port Macquarie beaches and reserves which prompted a request by NSW Police to extend the alcohol prohibition period for 2017. The extension will restrict the consumption of alcohol from 9pm on 25 January until 9am on 27 January across all beaches and reserves. This strategy was first utilised in 2011 and again in 2012 which, whilst not seen as a permanent solution at that time, resulted in a reduction of anti-social and criminal behaviour over the weekend.

 

It is anticipated that should this be a successful strategy for the Australia Day weekend in 2017, consideration will be given to invoking this action as standard practice into the future.

 

Discussion

 

Coastal towns and suburbs have experienced increasing anti-social and offensive behaviour on Australia Day often under the guise of patriotism, however this has tended to be seen as an indication of racial intolerance. The Port Macquarie-Hastings Local Government area felt the brunt of this in 2009 with significant issues experienced at Rainbow Beach in Bonny Hills and Town Beach in Port Macquarie in 2010.

 

The alcohol prohibition that was applied in 2011 and 2012 had a positive impact on festivities surrounding Australia Day in those years. Unfortunately, over the past three years, the Police have seen a growing trend in poor behaviour on our parks and beaches on Australia day which has escalated to unacceptable levels in 2016. A number of hot spots were identified where violent behaviours resulted in a Police response, particularly in Lake Cathie. Australia Day on our parks and beaches is traditionally a time where families and people come together to enjoy our great location and should not be subject to alcohol fuelled violence.

 

In February 2016, these concerns were also reiterated by the local NSW Police who, following discussions with Council, requested an alcohol prohibition be considered to cover the entire Australia Day weekend across all reserves and beaches in the Port Macquarie-Hastings for 2017.

 

Options

 

·    That Council seek additional information.

·    That Council not extend the alcohol prohibition on public beaches and reserves on Australia Day 2017.

 

Community Engagement & Internal Consultation

 

·    NSW Police - Mid North Coast Local Area Command.

 

Planning & Policy Implications

 

In accordance with the Local Government Act 1993, Section 632, Alcohol Prohibitions restricts the consumption and/or possession of alcohol for all or part of any day. Where a prohibition exists, authorisation can be sought through applications to Council (Section 68) to vary this condition.

 

Council may choose to impose further restrictions as a standard into the future should the above strategy mitigate the concerns that have been raised. Alcohol prohibitions areas are enforced by both Council Rangers and Police who are able to confiscate and tip out alcohol.

 

Financial & Economic Implications

 

There are no economic implications in relation to this report.

 

The primary costs associated with implementing this alcohol prohibition is in undertaking advertising to promote the prohibition to the general community. Council has an adopted budget to assist with implementing community safety initiatives and this would cover the anticipated costs:

 

·    $1,000 Radio advertising

·    $1,500 Coasters to be dispensed with take away alcohol in the preceding week

·    $300 Posters located at liquor outlets and key locations.

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          10.03

 

Subject:     Cultural Plan 2016-2019

Presented by:  Community and Economic Growth, Tricia Bulic

 

 

Alignment with Delivery Program

 

2.8.1  Support, facilitate and advocate for arts and cultural programs that engage the community and deliver a range of high quality performing, visual arts and cultural development services.

 

 

 

RECOMMENDATION

 

That Council:

1.    Note the submissions to the draft Cultural Plan.

2.    Adopt the Port Macquarie-Hastings Cultural Plan 2016-2019.

 

 

Executive Summary

 

At the Ordinary Council Meeting held on 15 June 2016, Council resolved to place the draft Cultural Plan on public exhibition:

 

10.02 DRAFT CULTURAL PLAN

 

RESOLVED: Sargeant/Intemann

 

That Council:

 

1.    Place on public exhibition the Draft Cultural Plan commencing from 16 June 2016 for a minimum of 28 days.

2.    Note that a further report will be tabled at the August 2016 meeting of Council, detailing the submissions received from the public during the exhibition period.

 

CARRIED: 8/0

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

AGAINST: Nil

 

The Draft Cultural Plan was placed on exhibition from 16 June to 14 July 2016. Overall the plan was very well received by the community, with a number of comments specifically in support of Council’s initiative in developing the Cultural Plan and Councils support of the community’s arts, heritage, cultural and creative endeavours.

 

This report presents the community submissions and the project team’s response to those submissions.

 

Discussion

 

The public exhibition of the draft Cultural Plan saw 23 written submissions ranked from positive - 13, constructive or neutral - 5 and specifically negative - 5, the results of which are provided below.

 

Previously, extensive community, stakeholder and Council engagement was initially undertaken as part of the draft Cultural Plan development.

 

Council has endeavoured to develop a Cultural Plan over more than a decade with no concrete outcomes. The delay in completing a plan has caused some angst within our local arts, heritage, cultural and creative community. Many of our nearby regional Councils have already developed Cultural Plans and many are already in the process of updating them, giving them key opportunities around State and Federal grant funding, destination management, and partnership and local capacity building opportunities.

 

The perception is that the Port Macquarie-Hastings region is missing productive grant funding opportunities in the absence of a plan to guide and inform how we develop this key regional program.

 

Since the initiation of this current iteration of a Cultural Plan at the inaugural meeting of Council’s Heritage, Arts, Cultural Priorities Advisory Group (HACPAG) in May 2014; the Plan has set to define underpinning strategies and frameworks, which will help to determine budget allocations and ensure maintenance and development of our local arts, heritage, cultural and creative resources. It also aims to be a “living” document that evolves with changing times and trends.

 

The Cultural Plan aims to:

·    Establish the foundation for ongoing strategies, policy, programs and practices that put culture at the heart of this community.

·    Identify gaps in skills and resources to inform the allocation of resources and the identification of revenue and funding opportunities for individuals, groups and local organisations.

·    Encourage, support and enable participation and engagement in artistic expression and support experimentation to inspire innovation and excellence.

·    Ensure our Aboriginal history and culture are celebrated and promoted.

·    Identify opportunities to build the capacity of our local creative and cultural industries, including facilities and public spaces to support the growth of these sectors.

·    Ensure our heritage is recognised, valued, protected and maintained.

 

The following table describes the key issues raised during the exhibition period:

 

Key Issues

·    Funding support for local arts, heritage, cultural and creative endeavours

·    Inclusiveness - of all areas of the LGA; of all social and physical abilities; of professional, volunteer and community groups

·    Support  and empower community-led initiatives

·    Acknowledgement and support of our local creative industry

·    Community access to the Glasshouse

·    Cultural asset mapping

·    Council to facilitate collaboration and partnerships

 

Options

 

That Council seeks additional clarification on the public exhibition process and community submissions.

 

Community Engagement & Internal Consultation

 

The public exhibition of the draft Cultural Plan took place from 16 June to 14 July 2016. This process saw 23 written submissions ranked from positive - 13, constructive or neutral - 5 and specifically negative - 5, the results of which are provided below.

 

Previously, extensive community, stakeholder and Council engagement was initially undertaken as part of the draft Cultural Plan development. At the inaugural meeting of the Heritage, Arts & Culture Priorities Advisory Group in May 2014 there was some discussion regarding the status of a Cultural Plan for Council, as well as around the opportunities that such a plan provides. A series of workshops were undertaken with HACPAG aimed at developing the foundations and framework for the Cultural Plan.

 

This was further developed in a series of stakeholder, Council and community engagements that began with a key stakeholders’ forum at the Glasshouse. This event saw over 50 local participants from the arts, heritage, culture and creative fields. This was followed by a Council workshop in June, with representatives from most sections of Council including the Glasshouse. There was an online key stakeholders’ survey that was completed by over 50 local participants and organisations. A large number of individual meetings, with key organisations were convened by Council’s staff and a broader survey was completed by over 700 community members.

 

Council has undertaken extensive engagement in the preparation of the draft Cultural

Plan, with over 1,200 people now connected through this process. There is an opportunity to commence a conversation more broadly through the public exhibition period.

 

Initial engagement includes:

 

·    Heritage, Arts, Cultural Priorities Advisory Group (HACPAG) committee

·    Working group workshops, hosted by Arts Mid North Coast Regional Development Officer Kevin Williams:

25 November 2014 (Glasshouse).

18 December 2014 (Function Room).

 

Stakeholder and Industry:

·    Key stakeholders forum hosted at the Glasshouse by Arts Mid North Coast Regional Development Officer Kevin Williams and attended by over 50 participants: - 26 May 2015

·    Online Survey - July - October 2015.

·    Multiple one-on-one meetings and group workshops.

 

Community:

·    Surveys undertaken at Council and Place Making events throughout 2014 and 2015.

·    Council workshop hosted in June 2015 attended by most divisions of Council including:

Economic Development

Glasshouse

Strategic Planning

Parks & Gardens

Development Assessment.

 

The engagement generated some clear ideas and direction from the community that fed directly into the development of the draft Cultural Plan:

 

Submission

Issue

1.

Sandra Wallace

·    Desire for cultural asset mapping to be included

·    Identifies opportunities to partner with other organisations

·    Desire to foster creativity through collaboration

·    Highlights importance of multiculturalism promotion of our local Aboriginal heritage

Response/

Comment:

·    Mapping of our Council and community cultural assets is identified under Action 4.2 of the Cultural Plan

 

·    While the Cultural Plan supports collaboration with our local Aboriginal community specifically but not exclusively through Actions: 2.5, 3.1, 3.2, and 3.3. Cultural collaboration is also supported through Council’s Aboriginal Awareness and Understanding Strategy 2013-2017.

 

2

Bryony Anderson

 

·    Support for the cultural plan noted

·    Need for funding support and investment for creative businesses

·    Need for Council to foster partnerships between different sectors.

Response/

Comment:

·    Funding support for our local arts, heritage, cultural and creative community groups and sector participants is supported specifically but not exclusively through Actions: 1.4, 1.5, 1.6 and 5.1

 

·    The Cultural Plan identifies Council to work with our local arts, heritage, cultural and creative community groups and sector participants to seek additional funding, participation and promotional opportunities, and is supported specifically but not exclusively through Actions: 1.3, 1.4, 1.5, 1.6 2.1, 2.2, 2.4, 2.5, 2.6, 3.2, 3.4, 4.3, 4.4, 5.1, 5.2, 5.3, 5.4, 6.1 and 6.3

 

·    The Cultural Plan identifies that Council works with all sectors of our community across the LGA to facilitate, promote and support local arts, heritage, cultural and creative activities. These outcomes are supported specifically but not exclusively through actions 1.4, 2.1, 2.2, 2.4 and 2.5

 

3

Karen Bale

 

·    Support for the cultural plan noted

·    Need of support for community led initiatives.

·    Need of funding support for community led initiatives

Response/

Comment:

·    Support for existing and new festival opportunities is embedded throughout the Cultural Plan, supported specifically but not exclusively through Actions: 3.1, 5.1, 5.2, 5.4, 5.5 and 6.2

 

·    Building the capacity and empowering local community groups as well as fostering innovation within our local arts, heritage, cultural and creative sectors is supported throughout the Cultural Plan, and is supported specifically but not exclusively Actions: 1.4, 1.5, 6.1 and 6.3.

 

4

Mitch McKay

·    Support for the cultural plan noted

·    Some of the wording within the Strategy and Actions Section should be more inclusive of the sector and community individuals, rather than just museum and heritage groups.

Response/

Comment:

·    Suggested wording has been incorporated to ensure accessibility and inclusiveness for all.

5

Amber Bradshaw

·    Support for the cultural plan noted

·    Guided tours around the Hastings should be developed

·    More activities for the Elderly should be delivered.

·    The Glasshouse should be more accessible and affordable for community groups.

Response/

Comment:

·    A number of guided and walking tours are currently available throughout the LGA. Council’s continued support, development and promotion of these is supported specifically but not exclusively Actions: 2.6, 3.1, 3.3

 

·    Programs and access to the Glasshouse are supported specifically but not exclusively Actions: 4.1, 4.4, 5.3

 

·    Council also supports community accessibility through its Aged & Disability 7 Big Ideas plan supported specifically but not exclusively Actions: 2.2

 

·    Council is committed to ensuring the Cultural Plan is accessible and inclusive of all arts, heritage and cultural sector participants and broader community members. These outcomes are supported specifically but not exclusively through actions 21, 2.2, 2.3 and 6.2.

6

Sue Frost

·    Support for the cultural plan noted

·    Would like to ensure our heritage is recognised, protected and maintained.

Response/

Comment:

·    Our local heritage and history has been identified as a strategic priority, as highlighted in Priority Area Three (3) of the Cultural Plan

 

7

Marie Annette van Gend

·    More collaboration between the educational sector

·    The Glasshouse should be more accessible and affordable for community groups.

·    Support for the Conservatorium Mid North Coast

Response/

Comment:

·    The Cultural Plan identifies that Council works with all sectors of our community across the LGA to facilitate, promote and support local arts, heritage, cultural and creative activities. These outcomes are supported specifically but not exclusively through actions 1.4, 2.1, 2.2, 2.4 and 2.5

 

·    Programs and access to the Glasshouse are supported specifically but not exclusively Actions: 4.1, 4.4, 5.3

 

·    Continued support for our local musicians and people who participate in our local music sector is identified specifically but not exclusively Actions: 2.1, 4.1

8

Jeannette Rainbow

·    Arts appears to dominate the plan.

·    Need support for community led initiatives

·    Some of the wording within the document should be more inclusive of all areas in the LGA.

Response/

Comment:

·    The Cultural Plan identifies that Council works with all sectors of our community across the LGA to facilitate, promote and support local arts, heritage, cultural and creative activities. These outcomes are supported specifically but not exclusively through actions 1.4, 2.1, 2.2, 2.4 and 2.5

 

·    The Cultural Plan identifies the importance of community-led initiatives and partnerships specifically but not exclusively through actions 2.5, 3.3, 5.4

9

Scott Rayner

 

·    Support for the cultural plan noted

·    Need for funding support and investment for creative businesses

·    Need for fostering partnerships between different sectors.

Response/

Comment:

·    Funding support for our local arts, heritage, cultural and creative community groups and sector participants is supported specifically but not exclusively through Actions: 1.4, 1.5, 1.6 and 5.1

 

·    The Cultural Plan identifies Council to work with our local arts, heritage, cultural and creative community groups and sector participants to seek additional funding, participation and promotional opportunities, and is supported specifically but not exclusively through Actions: 1.3, 1.4, 1.5, 1.6 2.1, 2.2, 2.4, 2.5, 2.6, 3.2, 3.4, 4.3, 4.4, 5.1, 5.2, 5.3, 5.4, 6.1 and 6.3

 

·    The Cultural Plan identifies that Council works with all sectors of our community across the LGA to facilitate, promote and support local arts, heritage, cultural and creative activities. These outcomes are supported specifically but not exclusively through actions 1.4, 2.1, 2.2, 2.4 and 2.5

 

10

William Turner

 

·    The plan should empower the community

·    The Glasshouse lacks community presence

·    Need for genuine empowerment of community

Response/

Comment:

·    This Cultural Plan should be seen to compliment the Glasshouse Strategic Plan, which articulates the community-based vision for the Glasshouse. Programs and access to the Glasshouse are supported specifically but not exclusively Actions: 4.1, 4.4, 5.3

 

·    Council has already resolved a position on this through the Glasshouse Strategic Plan which includes a 40% discount to eligible community groups in the hope that this supports increased community presence.

 

·    The Cultural Plan identifies that Council works with all sectors of our community across the LGA to facilitate, promote and support local arts, heritage, cultural and creative activities. These outcomes are supported specifically but not exclusively through actions 1.4, 2.1, 2.2, 2.4 and 2.5

11

Willhemina Wahlin

 

·    Need for Promotion of the Creative Industries through innovation in other sectors

·    Some of the wording to be amended to reflect updated changes to CSU programs.

Response/

Comment:

·    Building the capacity and empowering local community groups as well as fostering innovation and partnerships within our local arts, heritage, cultural and creative sectors is supported throughout the Cultural Plan, and is supported specifically but not exclusively Actions: 1.4, 1.5, 6.1 and 6.3

 

·    Mapping of our Council and community cultural assets is identified under Action 4.2 of the Cultural Plan

 

12

Dr. Deane Hardwick

 

·    Support for the cultural plan noted

·    Need for Mapping our Cultural places and spaces

·    Availability of information about the Cultural sector

·    Opportunity to partner with other organisations

·    Need to foster creativity through collaboration

·    Valuing creative Industries and an economic driver.

Response/

Comment:

·    Mapping of our Council and community cultural assets is identified under Action 4.2 of the Cultural Plan

 

·    Building the capacity and empowering local community groups as well as fostering innovation and partnerships within our local arts, heritage, cultural and creative sectors is supported throughout the Cultural Plan, and is supported specifically but not exclusively through Actions: 1.4, 1.5, 6.1 and 6.3

 

·    Acknowledging, supporting and valuing our local creative industries is core tenant of the Cultural Plan and is supported specifically but not exclusively through Actions: 1.4, 1.5, 2.3

 

13

Rob Turner (chair)

Economic development Steering Group

·    Support for the cultural plan noted

·    Valuing creative Industries and an economic driver.

·    Importance of the activation of town centres through cultural activities

·    Importance of creative industry development to support a vibrant local economy.

Response/

Comment:

·    Acknowledging, supporting and valuing our local creative industries is core tenant of the Cultural Plan and is supported specifically but not exclusively through Actions: 1.4, 1.5, 2.3

·    Supporting local communities to embrace their sense of ‘place’ and enable arts and cultural programs to be experienced is supported specifically but not exclusively through Actions: 1.4, 1.5, 2.5, 2.6, 4.2

14

Paul Dirago

·    Council’s ability to budget and fund the cultural plan is not identified.

Response/

Comment:

·    The Cultural Plan is supported by existing budgets and through leveraging grant opportunities as they arise.

15

Kathryn Butler

·    The benefits of a Tidal pool to the local economy

Response/

Comment:

·    Development of a tidal pool is not specifically within the scope of this Cultural Plan

 

16

Robyn Wallace

 

·    Support for the cultural plan noted

·    Need support for future opportunities

Response/

Comment:

·    Support for existing and new opportunities is embedded throughout the Cultural Plan, supported specifically but not exclusively through Actions: 3.1, 5.1, 5.2, 5.4, 5.5 and 6.2

17

Clive Smith

Port Macquarie Historical Society

 

·    Need for audit of Cultural Assets

·    Support for Cultural Tourism needed

·    Suggested inclusions to SWOT Analysis

Response/

Comment:

·    Mapping of our Council and community places and spaces is identified under Action 4.2

 

·    The Cultural Plan identifies that Council works with all sectors of our community across the LGA to facilitate, promote and support local arts, heritage, cultural and creative activities. These outcomes are supported specifically but not exclusively through actions 1.4, 2.1, 2.2, 2.4 and 2.5

 

·    Suggestions for additions to the SWOT analysis have not been included in this plan, however opportunity for further comment will present itself when then plan is reviewed. The SWOT analysis was developed as part of the extensive stakeholder workshop and community consultation process during the early stages of development of this plan.

18

Glen Stanley

 

Acting Secretary

PMHMB Inc.

·    Funding support needed for local bands

·    Concerns over potential changes to existing Service Level Agreements

·    Importance of the PMHMBand to our local community

Response/

Comment:

·    Continued support for our local musicians and people who participate in our local music sector is identified specifically but not exclusively Actions: 2.1, 4.1

 

·    Reviewing how better to support existing and new local music opportunities is specifically but not exclusively through Actions: 1.6.  Council will undertake discussions with existing SLA music groups around how to best build their capacity and develop financially sustainable practises.

 

19

Mid North Coast Maritime Museum Inc

 

·    Support for cultural plan noted

·    Need for more interface with the HACPAG committee

·    Need for more interface with History & Heritage groups to encourage Cultural tourism

 

Response/

Comment:

·    The Cultural Plan identifies Council to work with our local arts, heritage, cultural and creative community groups and sector participants to seek additional funding, participation and promotional opportunities, and is supported specifically but not exclusively through Actions: 1.3, 1.4, 1.5, 1.6 2.1, 2.2, 2.4, 2.5, 2.6

 

20

Kevin Williams Executive Director

Arts Mid North Coast

·    A clearer Vision/mission is required

·    Need to identify clear roles and responsibilities

·    Need to review timeframes for the delivery of actions

·    Council should respond and support community led initiatives

·    Ensure the plan is inclusive of all community areas

·    Recognising economic value of arts and culture

·    Heavy references to the Economic Development Strategy

Response/

Comment:

·    Some suggested wording has been incorporated to ensure accessibility and inclusiveness for all.

·   

 

·    The Cultural Plan identifies that Council works with all sectors of our community across the LGA to facilitate, promote and support local arts, heritage, cultural and creative activities. These outcomes are supported specifically but not exclusively through actions 1.4, 2.1, 2.2, 2.4 and 2.5

 

·    Support for existing and new opportunities is embedded throughout the Cultural Plan, supported specifically but not exclusively through Actions: 3.1, 5.1, 5.2, 5.4, 5.5 and 6.2

·    Acknowledging, supporting and valuing our local creative industries is core tenant of the Cultural Plan and is supported specifically but not exclusively through Actions: 1.4, 1.5, 2.3

·    The Cultural Plan was developed by the working group with reference to a wide range of reference materials, including cultural plans from other LGA’s highlighting best practice and current trends in arts, heritage and cultural spaces, rather than simply a single strategy.

·    The Economic Development Steering Committee has reviewed and provided input into the plan.

 

·    It should be noted that Arts Mid North Coast Regional Development Officer Kevin Williams hosted

·    community engagement sessions:

25 November 2014 (Glasshouse).

18 December 2014 (Function Room).

·    Key stakeholders

forum hosted at the Glasshouse attended by over 50 participants: - 26 May 2015

Assisted in the development of the original guiding principles.

21

Debbie Sommers - Hastings Museums & Heritage Group

 

           

·    Support for cultural plan noted

·    Need for role of Council to facilitate and support rather than plan and develop.

·    Suggestions for inclusions in SWOT Plan

·    Need for cultural assets audit.

·    Heritage and history are main stream cultural activities and should not be singled out as it’s own strategic priority.

·    Action plan appears to be processed based

·    Editing should be reviewed.

 

Signatories to this submission are the following organisations:

Camden Haven Historical Society

Douglas Vale Conservation Group

Mid North Coast Maritime Museum

Port Macquarie Historical Society

 

Response/

Comment:

·    The Cultural Plan needs to cater to a wide range of participants, some of whom require more support than others.

 

·    Suggestions for additions to the SWOT analysis have not been included in this plan, however opportunity for further comment will present itself when then plan is reviewed. The SWOT analysis was developed as part of the extensive stakeholder workshop and community consultation process during the early stages of development of this plan.

 

·    Mapping of our Council and community places and spaces is identified under Action 4.2

 

·    The strategic priority areas and the focus areas of ‘arts’, ‘heritage’, ‘culture’ and ‘creativity’ were identified by the community working group during early workshops.

 

·    Review, editing and further proofreading will take place when the document is finalised for graphic design.

22

Debbie Sommers

Museums Australia - Mid North Coast Chapter

 

·    Some of the wording to be amended to reflect inclusiveness of all sector organisations including non-government

·    Suggested inclusions to SWOT Analysis

·    Need for wider collaboration and inclusiveness across the regions

·    Need for partnerships and collaboration

Response/

Comment:

·    Some suggested wording has been incorporated to ensure accessibility and inclusiveness for all.

 

·    Suggestions for additions to the SWOT analysis have not been included in this plan, however opportunity for further comment will present itself when then plan is reviewed. The SWOT analysis was developed as part of the extensive stakeholder workshop and community consultation process during the early stages of development of this plan.

 

·    Building the capacity and empowering local community groups as well as fostering innovation within our local arts, heritage, cultural and creative sectors is supported throughout the Cultural Plan, and is supported specifically but not exclusively through Actions: 1.4, 1.5, 6.1 and 6.3.

 

·    The Cultural Plan identifies Council to work with our local arts, heritage, cultural and creative community groups and sector participants to seek additional funding, participation and promotional opportunities, and is supported specifically but not exclusively through Actions: 1.3, 1.4, 1.5, 1.6 2.1, 2.2, 2.4, 2.5, 2.6, 3.2, 3.4, 4.3, 4.4, 5.1, 5.2, 5.3, 5.4, 6.1 and 6.3

 

23

Phillip Bowman

 

Camden Haven Historical Society

·    Language of the Draft Culture Plan is confusing.

·    Suggested wording amendments.

Response/

Comment:

·    Review, editing and further proofreading will take place when the document is finalised for graphic design.

 

·    Some suggested wording has been incorporated to ensure accessibility and inclusiveness for all.

 

 

Note:   The Port Macquarie-Hastings Cultural Plan 2016-2019 will be circulated as a late attachment on Friday, 5 August 2016.

 

Planning & Policy Implications

 

There is currently no policy guiding Council regarding arts, heritage and culture.

 

Elements of this plan have been in the works for over a decade. This plan has been designed in large part to leverage identified grants, existing reserves and current operational budgets.

 

Financial & Economic Implications

 

Extensive staff and community time has been expended in developing this draft plan over the past two years.

 

To achieve the actions within the draft plan, Council has ongoing budget allocation for art, culture and heritage programs through the community place operation budget.

 

There is also an Art and Culture reserve that will be used to assist in achieving the actions.

 

 

Attachments

 

1View. Cultural Plan Engagement Submissions

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          10.04

 

Subject:     Recommended Item from the Mayor's Sporting Fund Sub-Committee - July 2016 Meeting

Presented by:  Community and Economic Growth, Tricia Bulic

 

 

Alignment with Delivery Program

 

2.9.1  Provide a range of sporting and recreational opportunities.

 

 

 

 

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.    That Kobi Heagney be granted the amount of $500.00 to assist with expenses he would have incurred travelling to and competing as part of the NSW Team at the 2016 Australian Junior Table Tennis Championships held in Alice Springs from 2 - 9 July 2016 inclusive.

2.    That Blake Hudson be granted the amount of $500.00 to assist with the expenses he would have incurred travelling to and competing as part of the NSW Blues Men’s Hockey Team to represent NSW at the National Hockey Championships held in Launceston, Tasmania from 6 - 17 July 2016 inclusive.

3.    That Lailani Grainger be granted the amount of $350.00 to assist with the expenses she would have incurred travelling to and competing as part of the Australian Indigenous Netball Team at the Gold Coast International Netball Carnival held in Queensland from 9 - 17 July 2016 inclusive.

4.    That Shelby Grainger be granted the amount of $350.00 to assist with the expenses she would have incurred travelling to and competing as part of the Australian Indigenous Netball Team at the Gold Coast International Netball Carnival held in Queensland from 9 - 17 July 2016 inclusive.

5.    That Max Milligan be granted the amount of $250.00 to assist with the expenses he will incur travelling to and competing as part of the NSW Team at the All Schools Cross Country Championships held at Eastern Creek, Sydney on 22 July 2016.

6.    That Bradley Paterson be granted the amount of $350.00 to assist with the expenses he will incur travelling and competing as part of the NSW Team at the All Schools Hockey Championships to be held in Melbourne, Victoria from 7 - 13 August 2016 inclusive.

 

 

Executive Summary

 

The Mayor’s Sporting Fund Sub-Committee met on 28 July 2016, reached consensus on Item 8 and Item 11 (attached) and submits the above recommendations for Council’s consideration.

 

 

Attachments

 

1View. Extract from the MSF Meeting Minutes 28 July 2016

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

What are we trying to achieve?

We understand and manage the impact that the community has on the natural environment. We protect the environment now and in the future.

 

 

What will the result be?

·                Accessible and protected waterways, foreshores, beaches and bushlands.

·                Renewable energy options.

·                Clean waterways.

·                An environment that is protected and conserved for future generations.

·                Development outcomes that are ecologically sustainable and complement our natural environment.

·                Residents that are environmentally aware.

·                A community that is prepared for natural events and climate change.

 

How do we get there?

4.1     Protect and restore natural areas.

4.2     Ensure service infrastructure maximises efficiency and limits environmental impact.

4.3     Implement total water cycle management practices.

4.4     Continue to improve waste collection and recycling practices.

4.5     Provide community access and opportunities to enjoy our natural environment.

4.6     Create a culture that supports and invests in renewable energy.

4.7     Increase awareness of and plan for the preservation of local flora and fauna.

4.8     Plan and take action to minimise impact of natural events and climate change.

4.9     Manage development outcomes to minimise the impact on the natural environment.

 

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          12.01

 

Subject:     Draft Biodiversity Certification Assessment and Strategy - Port Macquarie Airport and Surrounding Land

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

4.7.1  Promote the conservation of key habitats.

 

 

 

RECOMMENDATION

 

That Council:

 

1.    Adopt the Port Macquarie-Airport Lands Biodiversity Certification Assessment Report & Biocertification Strategy, with amendments as outlined in this report, and forward to the NSW Minister for the Environment requesting biodiversity certification of the land.

2.    Consider a future report on the 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.

 

Executive Summary

 

A Biodiversity Certification Assessment Report and Strategy has been prepared by EcoLogical Australia Pty Ltd for Port Macquarie-Hastings Council, as landowner of the Port Macquarie Airport and surrounding land. 

 

The Assessment and Strategy were prepared with the aim of providing a strategic solution to ongoing operational, development and biodiversity issues related to the Port Macquarie Airport, particularly the new and more extensive obstacle limitation requirements for the Airport, which are required by the Civil Aviation Safety Authority for a Code 4C aerodrome.

 

The Assessment and Strategy also cover proposed development of Council’s zoned residential and light industrial land in the adjoining Thrumster Urban Release Area and land proposed for future Business Park on Boundary Street, adjacent to the Port Macquarie Airport.  The aim being to coordinate environmental offsets for all of these areas in one Biodiversity Certification proposal.

 

Whilst the BioCertification proposal does not change zonings or approve development, it provides a strategic basis for managing the biodiversity impacts of development.  A planning proposal for a proposed expansion of the existing B7 Business Park zone at the Airport is currently being prepared and will be reported to Council separately. 

 

The BioCertification Assessment Report and Strategy have been prepared in consultation with Council’s Development & Environment Division and the NSW Office of Environment & Heritage and were reported to the Ordinary meeting of Council on 16 December 2015.

 

Council resolved to publicly notify and exhibit the assessment and strategy in accordance with sections 126J and 126N of the Threatened Species Conservation Act 1995 at that meeting.

 

The Biodiversity Certification Assessment Report & Strategy was submitted to the NSW Office of Environment and Heritage and subsequently placed on public exhibition from 17 May to 17 June 2016.  A total of six (6) public submissions have been received.

 

The key issues raised in the submissions relate to:

 

a)   The extent of clearing required for Airport operations,

b)   The loss of koala habitat and impact on the local koala population,

c)   The adequacy of proposed offsetting arrangements, and

d)   Concern regarding Council’s ownership of land within the proposed Airport Business Park, the need for planning controls for this area and the potential impact on other commercial centres.

 

The issues raised in submissions are considered in the Community Engagement & Internal Consultation section of this report.

 

The consideration of environmental impacts in this report is based on an avoid, mitigate and compensate approach, as described in the Department of Planning & Environment’s Settlement Planning Guidelines for the NSW North Coast (2007).

 

The first preference is to avoid all impacts on areas with high environmental values. 

However, in this case, the proponent has advised that it is critical that Port Macquarie Airport progressively works towards full compliance with the relevant Civil Aviation Safety Authority (CASA) Obstacle Limitation Surface (OLS) standards and for consistency with the adopted Airport Master Plan. 

 

The proponent advises that is not possible to avoid impacts on all areas of high environmental value and it has been necessary to seek to mitigate and compensate for approximately 118.5ha of land containing native vegetation and/or threatened species habitat as described in the Biodiversity Certification Assessment.

 

The Biodiversity Certification Assessment also includes a request for variation to permit the deficit in koala credits to be met by a surplus in Squirrel Glider and Eastern Chestnut Mouse credits. 

 

In compensation, the Biodiversity Assessment proposes the permanent protection of 444.17ha of conservation land within a proposed BioBank Site.  This is proposed to offset 90% of the proposed losses of vegetation and fauna habitat and provides an offset approximately 4 times greater than the impact area. 

 

In addition, a further 40-50ha of “Blackbutt Tallowwood dry grassy open forest” is proposed to be secured to offset a credit deficit in the Biodiversity Certification Assessment for that vegetation type and to compensate for koala habitat loss.

 

The stated preference in the exhibited BioCertification proposal is that this additional offset be provided locally to help support local koala populations but if this is not possible, it is proposed that credits may be purchased from another registered BioBank site or from the proposed NSW Government Biodiversity Conservation Fund.

 

It is expected that there will be a net loss of koala habitat following the clearing of additional land to meet OLS requirements, despite the proposed mitigation measures and compensation described above.  It is therefore important that Council prioritise the acquisition of additional habitat locally, as proposed, to reduce the net loss of koala habitat.

 

It is recommended that Council adopt the Biodiversity Certification Assessment Report and Strategy on this basis and forward to the NSW Minister for the Environment for approval, subject to amendments proposed in response to the exhibition as discussed in this report.

 

The Minister will then determine whether the proposal achieves a ‘maintain or improve’ outcome in accordance with the requirements of the Threatened Species Conservation Act 1995.

 

Background

On 16 December 2015 Council considered a report regarding a proposed application to the NSW Office of Environment and Heritage (OEH) for biodiversity certification on the Port Macquarie Airport and surrounding land.  Council resolved as follows: 

 

RESOLVED: Levido/Turner

That Council:

1.       Note the information contained in the Draft Biodiversity Certification Assessment and Application - Port Macquarie Airport and surrounding land report.

2.       Delegate authority to the General Manager to submit a draft biodiversity certification assessment and strategy for the Port Macquarie Airport and surrounding lands to the NSW Minister for the Environment and to publicly notify and exhibit the assessment and strategy in accordance with sections 126J and 126N of the Threatened Species Conservation Act 1995.

3.       Receive a submissions report following the public exhibition period for consideration prior to referral of the biodiversity certification assessment and strategy to the NSW Minister for the Environment.

 

The proposal for Biodiversity Certification (BioCertification) relates to Council owned land around the Airport, including land zoned residential and light industrial land in the adjoining Thrumster Urban Release Area, and land proposed for future Business Park on Boundary Street, adjacent to the Port Macquarie Airport.  The proposed BioCertification also relates to land owned by parties other than Council to the south of the Airport on which vegetation is required to be cleared due to the Obstacle Limitation Surfaces (OLS) for Airport operations.

 

The proponent for the proposed BioCertification is Council as landowner and the NSW Minster for the Environment is the Approval Authority.  Exhibition and review of the BioCertification proposal has been coordinated by Council’s Development & Environment Division as the Planning Authority.

 

The exhibited BioCertification Assessment Report and Strategy is at Attachment 1.  The proposed Biodiversity Certification Assessment Area (BCAA) is shown in Figure 1 below.

 

Figure 1: Assessment area for which Council is seeking biodiversity certification

 

Public exhibition

Following written confirmation from NSW OEH that exhibition of the proposal could proceed, the BioCertification Assessment Report and Strategy was placed on public exhibition from 17 May to 17 June 2016.

 

As a result of the exhibition, six submissions were received.  A copy of the submissions is at Attachment 2.  All issues raised in the submissions are discussed under the ‘Community Engagement & Internal Consultation’ section of this report.

 

The key issues raised in the submissions relate to:

 

e)   The extent of clearing required for Airport operations,

f)    The loss of koala habitat and impact on the local koala population,

g)   The adequacy of proposed offsetting arrangements, and

h)   Concern regarding Council’s ownership of land within the proposed Airport Business Park, the need for planning controls for this area and the potential impact on other commercial centres.

 

These issues are discussed below.

 

Discussion

 

Clearing for Airport operations

Concerns have been raised in the submissions about the extent of habitat clearing proposed for future Airport operations and whether the extent of clearing has been minimised as much as possible, particularly in relation to the OLS. 

 

It is a key principle in the Mid-North Coast Regional Strategy 2009-2031 and North Coast Settlement Planning Guidelines 2007 that Councils should avoid high-risk significant environmental areas, wherever possible.

 

In this case, the clearing of vegetation within the OLS is proposed to implement the adopted Master Plan for the Airport and to comply with CASA aerodrome standards for the Airport to operate as a Code 4C aerodrome. 

 

The proponent has advised that it is critical that Port Macquarie Airport progressively works towards full compliance with the relevant aerodrome standards in consultation with CASA to ensure the safety of aircraft operations and to future-proof the ongoing operation and development of the Airport.

 

The Civil Aviation Safety Authority (CASA) aerodrome standards are published in the Manual of Standards Part 139 - Aerodromes, made under Part 139 of the Civil Aviation Safety Regulations 1998. The relevant provisions of the Manual of Standards must be complied with to ensure aviation safety.

 

Following the runway upgrade project completed in 2013, Council obtained an exemption from CASA, which allows the Airport to operate as a Code 4C aerodrome consistent with Council’s adopted Master Plan 2010 Addendum Report subject to a number of conditions, including Condition 5 which requires that:

 

5.  Objects within the 300 m runway strip flyover area (specifically, the fuel farm and vegetation) must be removed or cropped to below a 5% upward plane from the runway strip graded area by the end of August 2018.

 

It has therefore been assumed for the purpose of the BioCertification assessment, that some clearing will be necessary to provide for ongoing Airport operations. 

 

As it is not possible to avoid all impacts, the focus in the BioCertification proposal is then on appropriate mitigating and/or compensatory actions, which is consistent with the Settlement Planning Guidelines.

 

BioCertification Proposal Overview

The BCAA covers a total of 1,024.48 ha as shown edged black in Figure 1.  Within this area, 320.48 ha of land is proposed to be BioCertified, including some land that is already cleared.  Within this area, 118.50 ha of native vegetation and threatened species habitat is proposed to be removed.

 

The 118.50 ha includes vegetation/habitat of high biodiversity conservation value (i.e. Endangered Ecological Communities, SEPP 14 Wetlands, riparian buffers & fauna corridors).  Under the NSW BioCertification Assessment Methodology (BCAM), these areas are identified as ‘red flag’ areas.  Section 4 of the BioCertification Assessment includes a ‘red flag’ variation request to permit the clearing of this vegetation/habitat.  These ‘red flag’ areas are shown in Figure 18 of the attached Biodiversity Certification Assessment Report and Strategy in Attachment 1.

 

Of the 118.50 ha proposed to be cleared, a total koala habitat area of 79.75 ha is impacted, comprising 50.62 ha of primary habitat and 29.13 ha of secondary habitat (as defined by the NSW Koala Recovery Plan & consistent with PMHC koala habitat mapping). 

 

The impact of some of this area is only partial.  Of the 50.62 ha of primary koala habitat impacted, 29.15 ha (58%) has already been approved for OLS cropping under existing Airport operation approvals and/or an approved Private Native Forestry licence (see Koala Habitat impact map at Attachment 3). Of the 29.13 ha of secondary habitat impacted, 5.35 ha (18%) is already approved for OLS cropping. Cropping is the removal of part of the canopy of trees as opposed to complete tree removal. Cropping can have a significant impact on the habitat and food value of trees.

 

In the remaining 21.47 ha of primary koala habitat and 23.78 ha of secondary koala habitat, some areas are proposed to have only partial clearing.  In this regard:

-     3.54 ha will be modified for bushfire Asset Protection Zones (APZs), i.e. selective thinning of canopy & removal of mid-story vegetation that will retain Koala food trees,

-     5.84 ha will be maintenance of fire trails and easements that will involve the routine pruning/cutting back of regrowth to allow access by fire vehicles (retaining Koala food trees), and

-     1.06 ha is a Bushland Park that will retain Koala food trees.

 

In addition, a number of road corridor options have been proposed for flood free access to the Airport, the proposed expanded Business Park area and to Thrumster.  In each case, a 50m wide corridor has been allowed for. However, when the final road corridor route is selected, the extent of clearing is more likely to be 20-25m.

 

Also, 5.58 ha of habitat impacted in the Thrumster development area is largely single paddock trees that are isolated from larger patches of contiguous habitat and are likely to provide only infrequent use by Koala.

 

All of the above impacts are counted as ‘complete loss’ in the BioCertification assessment methodology but a significant proportion will still provide koala habitat and be used by koalas.

 

The BioCertification Assessment has considered options to avoid and/or minimise the extent of vegetation clearing / habitat.  These can be summarised as follows:

 

-     The full clearing of the OLS was initially considered and not adopted due to the extent of impacts on native vegetation. The impacts have been reduced by reducing the width of full clearing adjoining the existing runway to the absolute minimum to comply and then selective removal of individual trees protruding through the OLS. This will result in the retention of substantial mid-storey and lower storey habitat within the footprint of the OLS adjoining the runway.

 

-     A similar approach was applied to the clearing of the OLS at the southern end of the runway with the lower storey sedge vegetation layer being retained.  The removal of the secondary Koala habitat in this location is unavoidable due to its proximity to the end of the runway.

 

-     The 15.21 ha of primary koala habitat that protrudes through the OLS within the land owned by Vilro Pty Ltd is already subject to a Private Native Forestry Agreement and subject to substantial lopping of tree crowns. While the full loss of this koala habitat is already significantly compromised by these current approved activities, the BioCertification Strategy provides an opportunity to reduce the impacts of those current activities by securing credits and land for permanent management and conservation.

 

-     The 5 ha of residentially zoned and partially vegetated land adjoining The Binnacle has, due to its current zoning, been the subject of a number of development proposals and is a known area of significant koala activity adjoining the Airport. The inclusion of this land in the proposed BioBank Site ensures this land will be funded and actively managed for conservation and therefore permanently avoiding impacts.

 

-     Up to 20.9 ha outside of the Airport OLS corridor is mapped as ‘conservation cropping’.  In these areas, clearing will be limited to occasional trees that may require management based on predicted growth models and where vegetation does not require complete clearing (i.e. tree cropping only & only if required).  In consultation with OEH it has been identified that only single trees will be ‘pruned’ and subsequently poisoned to prevent regrowth. These trees will be left in-situ to provide fauna habitat (stags) and pruned material will not removed from the site to minimise indirect impacts and other disturbances.

 

Proposed Offset

A ‘maintain or improve’ outcome for biodiversity values is required in order that a Biodiversity Certification proposal can be approved by the Minister.

 

In this case, the BioCertification Strategy proposes an offset area approximately 4 times greater than the impact area, including revegetation of prime koala habitat as well as the protection, management and enhancement of approximately 300 ha of primary and secondary koala habitat.

 

The BioCertification Strategy proposes to permanently protect and manage 444.17 ha (43%) of the BCAA for conservation as a registered BioBank Site under Part 7A of the Threatened Species Conservation Act 1995.  Ninety percent (90%) of the proposed offset is located within the BCAA, immediately adjacent to the areas of impact.

 

The BioCertification Assessment has identified that not all of the offsets required for ‘Blackbutt Tallowwood dry grassy open forest’ and the Koala can be met within the BCAA (452 ecosystem & 323 species credits deficit, respectively) and that an additional 40-50 ha of vegetation will be secured to offset the deficit in Blackbutt Tallowwood credits to meet the ‘maintain or improve’ outcome.

 

To meet this additional offset requirement, it is proposed that these credits be secured by either purchasing privately owned land offered for sale the provides habitat for these species, by purchasing credits from registered BioBank sites in the area, or by purchasing credits from the proposed NSW Biodiversity Conservation Fund.

 

The proponent has proposed to amend the exhibited BioCertification Strategy to rank the proposed measures to offset the Blackbutt Tallowwood dry grassy open / Koala habitat deficit in the following priority order:

 

1.   Investigating the availability and feasibility of securing the additional offsets required from a 40-50 ha of additional Blackbutt Tallowwood dry grassy open forest / Koala habitat located within the Local Government Area (LGA).

 

2.   Purchasing credits from another registered BioBank site, preferably located within the LGA subject to availability and feasibility, and/or

 

3.   Purchasing credits from the proposed NSW Government Biodiversity Conservation Fund.

 

It is noted that setting aside and establishing a registered BioBank site (i.e. a fully funded in perpetuity conservation management area) consisting of 444.17 ha of Council owned land located in the vicinity of the Airport and Thrumster Urban Release Area is required by the Strategy and will be established in year 1, prior to the commencement of any works, and will provide for 90% of the required offset credits.

 

The BioCertification Assessment includes a request for a variation to permit the deficit in Koala credits to be met by a surplus in Squirrel Glider and Eastern Chestnut Mouse credits.  This request is made on the basis that all reasonable measures have been taken to secure ‘like for like’ credits where possible (i.e. 85% of the credit requirements for Koala met) and that this entire deficit comprises impact to Koala habitat within land that is subject to a Private Native Forestry agreement.

 

The draft BioCertification Assessment indicates that if this variation is not approved, the additional Koala species credits are likely to be provided within the additional offset area required for Blackbutt Tallowwood, which also provides habitat for koalas.

 

Impact on Koalas

Two submissions have raised concerns that the BioCertification proposal will have a significant impact on the local koala population. 

 

The submissions can be viewed in full in Attachment 2 and the issues raised are addressed in the ‘Community Engagement and Internal Consultation’ section of this report.

 

In summary, the key issues raised are:

-     The koala population in the affected area is of national significance,

-     The proposal will lead to the loss of 60ha of prime Koala habitat,

-     There will be a net loss of koala habitat, despite proposed compensation measures, and

-     The offset should be revegetation/recreation of an ‘equivalent area’ to that being impacted, in close proximity to the impact area to achieve ‘no net loss’.

 

Council commissioned Biolink to assess the distribution of koalas across the Port Macquarie-Hastings local government area.  The report, in 2013, concluded that:  ‘At least four distinctive koala genomes are considered likely to be represented within the PMHLGA.’  At that time, Biolink estimated that the population east of the Pacific Highway was approximately 1,000 koalas. ‘This includes a nationally significant source population with an estimated population size of greater than 500 individuals located on public and freehold lands surrounding Lake Innes.’

The Biolink report also concluded that: ‘Overall, the current estimated Area of Occupancy by free-ranging koala populations in the PMHLGA is considered to be less than optimal, while the concentration of a large proportion of the total population in two relatively localised areas of habitat, the first surrounding Lake Innes and the second in the Yarras – Debenham area, imposes a measure of vulnerability upon the population as a whole. Major threats to the continued viability of the broader koala meta-population inhabiting both the coastal and western portions of the PMHLGA include fire, logging, urban expansion, road mortalities and domestic dog attack.’

Recent modelling of the Port Macquarie Koala population suggests that this population may be in the early stages of decline and that action is required to reduce koala mortality. Council is currently preparing a draft koala plan of management / strategy to provide a comprehensive response to future koala management in the local government area.

 

In this context, the loss of koala habitat to meet CASA requirements is highly regrettable.  However, BioCertification provides a basis for Council to potentially address this proposed loss of habitat in a more strategic manner.

In the first instance, it is proposed to minimise the removal of habitat and to mitigate the loss of vegetation in situ, where possible, as discussed above.  It is also proposed to retain and permanently protect a 444.17ha BioBank Site, which includes 300ha of primary and secondary koala habitat.  This includes the rezoning of 5ha of residential zoned land at the western end of The Binnacle to Environment Protection.

 

The proposed offset areas are in close proximity to the impact area and are around 4 times greater than the impact area.  They include revegetation of approximately 14 ha of prime koala habitat, as well as protection, management and enhancement of areas of koala habitat.  Nevertheless, there is an expected net loss of koala habitat. 

 

It is therefore proposed to secure an additional 40-50ha of Blackbutt Tallowwood dry grassy open forest to meet the ‘maintain or improve’ measure in the BioCertification process, either through the purchase of local koala habitat and/or biodiversity credits. 

As noted earlier, the following conservation options have been proposed in priority order:

 

 

1.   Investigating the availability and feasibility of securing the additional offsets required from a 40-50 ha of additional Blackbutt Tallowwood dry grassy open forest / Koala habitat located within the LGA.

 

2.   Purchasing credits from another registered BioBank site, preferably located within the LGA subject to availability and feasibility, and/or

 

3.   Purchasing credits from the proposed NSW Government Biodiversity Conservation Fund.

 

The clearing works associated with the Airport OLS, proposed Business Park expansion, Thrumster Urban Release Lands, Easement Lands and Future potential Roads are proposed to be staged over a 20-year period.  Whereas the proposed offset areas are proposed to be set aside, established and actively managed as a BioBank Site from year 1, prior to the commencement of any works.  At present, these areas are neither funded, nor actively managed for conservation.

 

In addition, the BioCertification Strategy includes a commitment to develop a pre-clearing plan and Koala Management Plan and there is an opportunity for Council to partner with The Koala Hospital to actively manage the proposed conservation lands and potentially increase its carrying capacity for Koalas. 

 

It is important that Council prioritise the acquisition of additional habitat locally, if possible, to reduce the net loss of koala habitat.  To this end, the Port Macquarie Koala Hospital has offered to work with Council to achieve this outcomes and Council’s Group Manager of Commercial and Business Services has welcomed this proposed cooperation (see correspondence in Attachment 4).

 

Conclusion

 

In conclusion, it is important that the Council adopt the full suite of measures proposed to minimise the environmental impact and that Council prioritise the acquisition of an additional 40-50ha of Blackbutt Tallowwood dry grassy open forest to meet the ‘maintain or improve’ measure in the BioCertification process, through the purchase of local koala habitat.

 

It is recommended that Council consider a future report on the viability and implications of the identified options for securing the additional required Blackbutt Tallowwood dry grassy open forest / Koala habitat credits, prior to the clearing that creates the demand for these credits occurring.

 

Options

 

Council could opt the amend or alter the BioCertification proposal or decide not to progress the BioCertification proposal.

 

It also remains an option for Council to not clear part or all of the land within Biodiversity Certification proposal. However, this may mean that the Airport does not comply with CASA requirements for a Code C aerodrome.

 

If Council decides not to progress the proposal, future development of the Airport and adjoining Council Thrumster land will be subject to the usual requirement for site-by-site assessment of the impact of development on biodiversity values at the development assessment stage, in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

Given the need for certainty in relation to the Port Macquarie Airport and Thrumster land and the environmental outcomes proposed, it is recommended that Council adopt the BioCertification Assessment & Strategy and forward to the NSW Minister for the Environment for approval, subject to amendments proposed in response to the exhibition as discussed in this report.

 

Community Engagement & Internal Consultation

 

The draft BioCertification Assessment Report & Strategy was exhibited in accordance with the requirements of sections 126J and 126N of the Threatened Species Conservation Act 1995.

 

The draft BioCertification Assessment Report and Strategy were placed on public exhibition from 17 May to 17 June 2016 at Council’s Port Macquarie office and made available on Council’s website.  The exhibition was also notified in the Sydney Morning Herald and the Port Express.  In addition, all landowners within and adjoining the BCAA were notified of the public exhibition in writing.

 

A total of six submissions were received.  Issues raised in the submissions ranged from flora and fauna specifics and in particular, the loss of Koala habitat and impact on the local Koala population, offset arrangements and the use of BioBanking, Airport operations, and lack of land use controls for development of the existing/future Airport Business Park. 

 

The key matters identified in the public submissions have been considered in the ‘Discussion’ section of this report. A summary of all submissions received and a planning response to the issues raised is provided below.  All persons who made a submission have been notified of this matter being reported to Council.

 

Submission

 

Issue

1.

Cheyne Flanagan on behalf of ‘The Koala Hospital’/Koala Preservation Society Aust Inc.

(1)   The submission notes that Biolink (2012) have estimated that there is a Koala population of 1,000 individuals living on the eastern side of the Pacific Highway and that this population is highly genetically diverse and therefore Nationally Significant.  Concern has been raised that recent modelling data indicates that the existing population is in decline and concerns are raised that any additional impacts will accelerate this decline.  Additionally, the Port Macquarie community and visitors to Port Macquarie are concerned about the persistence of the local Koala population. 

 

(2)   Concern has been raised that the proposal will lead to a loss of 60 ha of prime Koala habitat in the ‘most’ important area of the whole Port Macquarie Region (i.e. the engine room) and that this loss is contrary to the recommendations of the 2012 Biolink Report. The submission emphasises that it is critical to avoid and minimise habitat loss as much as possible.

 

(3)   Concerns raised that there is no tangible benefit to the local koala population from the remediation of habitat loss using existing habitat as offset because there is still a net loss.

 

(4)   There appears to be inconsistent positions within PMHC regarding koala management with parts of Council addressing threats to koala populations and other parts contributing towards habitat loss. 

 

(5)   Concerns raised that offsets for the loss of habitat could be provided anywhere in NSW.

 

(6)   Can the Airport still operate in the future without having to remove even a minimum of 30 ha of the most significant habitat?

 

(7)   Can we avoid impacts as much as is possible, particularly the OLS?

 

(8)   The Koala Hospital suggested that new habitat (or offsets) should be in the form of revegetating a similar amount of land to equal the loss (to that being impacted i.e. around 80 ha of revegetated Koala habitat). To avoid impacts as much as possible, this habitat should be in close proximity to the ‘engine room’ and must be sourced ASAP. The Koala Hospital has suggested a contribution of funds to secure “good habitat’ within close proximity.

 

(9)   What plans are there to relocate Koala?

Response/

Comment:

(1)   The final Biolink report (2013) concludes that:  ‘At least four distinctive koala genomes are considered likely to be represented within the PMHLGA.’  At that time, Biolink estimated that the population east of the Pacific Highway was approximately 1,000 koalas. ‘This includes a nationally significant source population with an estimated population size of greater than 500 individuals located on public and freehold lands surrounding Lake Innes.’

The Biolink report concludes that: ‘Overall, the current estimated Area of Occupancy by free-ranging koala populations in the PMHLGA is considered to be less than optimal, while the concentration of a large proportion of the total population in two relatively localised areas of habitat, the first surrounding Lake Innes and the second in the Yarras – Debenham area, imposes a measure of vulnerability upon the population as a whole. Major threats to the continued viability of the broader koala meta-population inhabiting both the coastal and western portions of the PMHLGA include fire, logging, urban expansion, road mortalities and domestic dog attack.’

Recent modelling of the Port Macquarie Koala population suggests that this population may be in the early stages of decline and that action is required to reduce koala mortality. Council is currently preparing a draft koala plan of management / strategy to provide a comprehensive response to future koala management in the local government area.

 

 

(2)   The loss of primary and/or secondary koala habitat within the core area of habitat around Lake Innes should be avoided wherever possible.  It is therefore regrettable that there is a need for koala habitat loss to enable Council to meet CASA standards for OLS to permit the continued operation of the Port Macquarie Airport as a Code 4C aerodrome.

The BioCertification Assessment provides a basis for Council to potentially address this proposed loss of habitat in a more strategic manner.

In the first instance, it is proposed to minimise the removal of habitat and to mitigate the loss of vegetation in situ, where possible.  A summary of these measures is provided in the Discussion section of this report.

 

It is also proposed to provide compensatory offsets as part of the Biodiversity Certification.  This includes the retention and permanent protection of a 444.17ha BioBank Site, which includes 300ha of primary and secondary koala habitat.

 

This compensation does not provide substantive opportunities for revegetation of koala habitat and there will be a net loss of koala habitat, at least in the short-term.  However, it is proposed to secure an additional 40-50ha of Blackbutt Tallowwood dry grassy open forest to meet the OEH ‘maintain or improve’ measure in the Biocertification process.

 

It is proposed to prioritise the purchase of local koala habitat and/or biodiversity credits to help address the proposed loss of koala habitat in the longer term.


The proposed compensation for koala habitat loss also includes the rezoning of 5ha of residential zoned land at the western end of The Binnacle to Environment Protection.

 

(3)   It is expected that there will be a net loss of koala habitat following the clearing of additional land to meet OLS requirements, despite the proposed mitigation measures and compensation described in 2 above.  It is therefore important that Council prioritise the acquisition of additional habitat locally, as proposed, to reduce the net loss of koala habitat.

The Koala Hospital has offered to work with Council to achieve this outcome and Council’s Group Manager of Commercial and Business Services has welcomed this proposed cooperation.

 

(4)   Council has a number of responsibilities as a local government authority and responsibility to balance competing demands (e.g. OLS expansion versus environmental conservation) on behalf of the community.

 


This report has been prepared by Council’s Development & Environment Division to provide a basis for Council to summarise the relevant considerations in relation to the BioCertification proposal and Council’s options in the circumstances.

 

It is acknowledged that the continued operation of the Port Macquarie Airport is of high economic importance to this community and that there are expected impacts on koala habitat, as described above.

 

On balance, it is recommended that Council adopt the BioCertification Assessment & strategy on the basis that Council prioritise the acquisition of additional habitat locally, as proposed, to reduce the net loss of koala habitat.

(5)   The Biodiversity Certification Assessment Methodology (BCAM) has very specific rules about ‘like for like’ offsets and they can only be secured in certain regions that meet specific criteria.  As discussed above, it is proposed to prioritise the purchase of local koala habitat and/or biodiversity credits to help address the proposed loss of koala habitat in the longer term.

 

(6)   Council’s Group Manager of Commercial and Business Services has advised that: The Biocertification Assessment as exhibited is consistent with the requirements of the adopted Port Macquarie Airport Master Plan 2010 Addendum Report. The biocertification proposal is a strategic assessment of proposed future staged development of the Airport over a 20+ year timeframe.

 

CASA aerodrome standards are published in the Manual of Standards (MOS) Part 139 - Aerodromes, made under Part 139 of the Civil Aviation Safety Regulations 1998. The relevant provisions of the Manual of Standards must be complied with to ensure aviation safety. 

It is critical that Port Macquarie Airport progressively works towards full compliance with the relevant aerodrome standards in consultation with CASA to ensure the safety of aircraft operations and to future-proof the ongoing operation and development of the Airport. Following the runway upgrade project completed in 2013, Council has obtained an exemption from CASA, Instrument number CASA EX195/15 dated 23 December 2015, which allows the Airport to operate as a Code 4C aerodrome consistent with the adopted Master Plan 2010 Addendum Report subject to a number of conditions, including Condition 5 which reads:
Objects within the 300 m runway strip flyover area (specifically, the fuel farm and vegetation) must be removed or cropped to below a 5% upward plane from the runway strip graded area by the end of August 2018.

(7)   As discussed above.

 

(8)   As discussed in (2) above, it is important that Council prioritise the acquisition of additional habitat locally, as proposed, to reduce the net loss of koala habitat.

 

(9)   The BioCertification Strategy includes a commitment to develop a pre-clearing plan and Koala Management Plan that will address the requirements for Koala relocation (if required).  The Koala habitat will be cleared in stages over a 15-20 year timeframe with some of these stages having minimal impacts on local Koala populations.  Where large areas of Koala habitat will be impacted in one clearing event (e.g. OLS clearing at southern end of runway), the Koala Management Plan will address the need for the translocation of any Koala and the recipient sites.  These translocations will be undertaken by ecologists with experience in capturing and relocating Koalas.

2.

John Jeayes member of the Port Macquarie Hastings Council Community Biodiversity Committee

The submission raises a number of concerns that have been grouped into common themes, as identified below.

(1)   Theme - Concerned about the application being considered without knowledge of/consultation with the PMHC Community Biodiversity Committee and the Koala Plan of Management Committee.

 

(2)   Theme - General concerns about lack of assessing the cumulative impacts of other developments/ activities in the area on local koala populations.

 

(3)   Theme - Concern that the proposal does not meet Ecologically Sustainable Development (ESD) principles and fails the precautionary principle.

 

(4)   Theme - General concerns about the BioCertification process (i.e. lack of ‘like for like’ offsets, limited study of project sites, and not adequately addressing IoM, impacts to red flag areas), principle behind offsetting, impacting ‘red flag’ areas and trading between species.

 

(5)   Theme - Need for an independent review of conclusions drawn by EcoLogical Australia.

 

(6)   Theme – Concern regarding impacts to red flag areas and removal of overlapping ‘red flags’.

 

(7)   Theme - A comment that there are no threatened species requiring ‘red flag’ variations.

 

(8)   Consideration of Cynanchum elegans impacts

 

(9)   Concern regarding proposal to stagger the offsets.

 

 

 

 

(10) Concern about the business plan for the Airport and viability of jet airlines.

Response/

Comment:

(1)   The proposal has been developed over a two year period with many alternatives considered and assessed.  Once a preferred position that met the operational requirements had been determined, the proposal was placed on public exhibition as required by the Threatened Species Conservation Act 1995.  The proposal is consistent with the Airport Master Plan and Thrumster planning proposals that have both previously been placed on public exhibition and endorsed by Council.

(2)   As outlined in the ‘Discussion’ section of this report, the importance of the local Koala population has been considered in the development of a preferred position (and has included several modifications to the proposal including future rezoning of existing residential land to Environment Protection at the western end of the Binnacle).  The BioCertification proposal is a strategic assessment of proposed land use in the area over the next 15-20 years and has therefore considered the cumulative effect of all these component parts rather than assessing each in isolation. This includes consideration of all Asset Protection Zones required by the potential Business Park expansion and Thrumster development, which are excluded from the offset areas.

 

(3)   The assessment has strictly followed the BCAM which requires consideration of ESD and the precautionary principle.  

 

(4)   The BioCertification process is a gazetted assessment methodology in NSW that must be undertaken by accredited assessors.  The proposal has used information from numerous studies of the BCAA over the past 15 years and is based on meeting the ‘like for like’ offset requirements as defined by the BCAM methodology.   The methodology allows, on the approval of the NSW Minister for the Environment, trading between species in specific circumstances.  Although the current proposal seeks approval for trading between species, it is possible that this will not be necessary as the proposed additional 40-50 ha offset requirements for Blackbutt Tallowwood Forest will provide the additional Koala credits required.

 

(5)   The assessment has been prepared by accredited ecologists (EcoLogical Australia), commissioned by PMHC, in consultation with Council’s Development & Environment Division and the NSW Office of Environment & Heritage (OEH).

 

(6)   There are several categories of ‘red flags’ that are impacted by the proposal including endangered ecological communities (EECs), riparian vegetation, SEPP 14 wetlands and wildlife corridors.  All unavoidable impacts to ‘red flag’ areas are identified in the report and ‘red flag’ variation requests are included that will be considered by the NSW Minister for the Environment.  The total ‘red flag’ area impacted is specified and it is noted that in many cases they overlap considerably (e.g. Swamp Oak Forest is an EEC, it is also part of the SEPP14 wetland, part of the riparian buffer and part of the wildlife corridor). However, each ‘red flag’ area is addressed separately as required by the BCAM.

 

(7)   Within the BCAM, threatened species are categorised as ecosystem credit species (which don’t require separate assessment) or species credit species (which require separate assessment).  Species credit species are then further categorised as species that can or cannot withstand further loss (i.e. ‘red flag’ threatened species). There are no threatened species recorded in the assessment area that are categorised as ‘red flag’ species.

 

(8)   A former Council environmental staff member has recorded one specimen of Cynanchum elegans in the BCAA on private land.  Cynanchum elegans propagates by windblown seed that may travel several hundreds of metres and even kilometres. No further specimens of this species have been recorded in the BCAA despite over 15 years of assessment. The individual specimen recorded will not be impacted by the proposal.

 

(9)   The total offset areas will be secured and legally protected from Year 1.  The proposal included the option of staggering the in perpetuity cost of management in line with the impact stages.  However, the offset area will be funded and managed on a year to year basis during this time.

 

(10) The draft BioCertification proposal is consistent with the requirements of the adopted Port Macquarie Airport Master Plan.

3.

Anthony Davis, owner of Maria River BioBank site at Kundabung in Kempsey LGA

The submission advises that the Maria River BioBank site in the Kempsey LGA is now registered and has both Blackbutt Tallowwood and Koala credits available. The submission confirms that these credits can be purchased jointly or separately.

Response/

Comment:

Noted.  The BioCertification Assessment Report and Strategy will be updated to reflect the current status of this BioBank site and that credits are available to meet the deficit of the proposal. 

4.

Tina Clemens – Natural Resource Project Officer, Department of Primary Industries (Lands)

Submission states that no adjoining Crown lands are to be considered in calculations in the BioCertification Strategy.

 

 

Response/

Comment:

Whilst unmade Crown roads are present within the proposed offset areas, they have not been included in credit calculations.  However, a small section of the Rifle range is included in the impact calculations (OLS clearing at southern end of runway) and to establish an APZ (northern end of Partridge Creek Residential Precinct).  The consent of DPI – Lands will be required to allow this clearing to occur.

5.

TN Green – Port Macquarie Airport Vehicles

This submission questions the management of native wildlife such as Kangaroo’s, Koalas, Deer and birds that may traverse the operational part of the Airport.  It also raises a number of other issues that are more so related to the operation of the Port Macquarie Airport rather than the draft BioCertification proposal.

Response/

Comment:

The existing Airport security fence is proposed to be relocated to the boundary of the new OLS clearing and offset areas and will prevent/reduce access of large terrestrial fauna such as Kangaroo’s, Deer and Koala accessing operational sections of the Airport. 

The modification to the Paperbark Swamp Forest at the southern end of the runway to a Coastal Sedgeland community will be undertaken in a way so as not to create large areas of open water that may attract waterbirds.  The existing wildlife management strategies for the Airport will continue to operate in terms of potential collisions between aircraft and wildlife including water birds and Grey-headed Flying Foxes.

6.

Geraldine Haigh – GEM Planning Projects

This submission suggests that Council has a vested interest in applying to the Minister for the Environment for BioCertification of the Airport and surrounding lands.  In particular concerns are raised regarding:

-     The extent of Council owned land within the existing B7 Business Park zone, the Airport Business Park and the residential and light industrial zoned land within the Thrumster Urban Release Area.

-     The lack of land use planning controls for development of the existing zoned B7 zoned lands compared to other business areas in the LGA.

-     The potential impact of the Airport Business Park on the retail hierarchy.

-     The impact of a flood free link between the Oxley Highway and Hastings River Drive in redirecting passing trade away from Lake Road, the John Oxley Drive Bulky Goods Precinct and the Westport/Gordon Street Business Park areas.

Response/

Comment:

The BioCertification proposal does not change zonings or approve development.  The issues raised are more relevant to a planning proposal that is expected to be prepared in relation to an expansion of the existing B7 Business Park zone at the Airport.  The BioCertification proposal makes allowance for potential future Business Park development but does not obligate Council or the State government to approve a future amendment of Port Macquarie-Hastings Local Environmental Plan 2011 for expansion of the Business Park. 

As noted in the 16 December 2015 report to Council, a planning proposal is currently being prepared and will be reported to Council separately.  If endorsed by Council and a gateway determination issued by the Department of Planning and Environment, the planning proposal will be placed on public exhibition for review and comment.

 

Amendments to exhibited Draft BioCertification proposal

 

The exhibited BioCertification Strategy is proposed to be amended as follows:

 

As a consequence of the responses received to the public exhibition period, the draft BioCertification Strategy will be amended to rank the proposed measures to offset the Blackbutt Tallowwood dry grassy open / Koala habitat deficit in the following priority order:

 

 

1.   Investigating the availability and feasibility of securing the additional offsets required from a 40-50 ha of additional Blackbutt Tallowwood dry grassy open / Koala habitat located within the LGA.

 

2.   Purchasing credits from another registered BioBank site, preferably located within the LGA subject to availability and feasibility, and/or

 

3.   Purchasing credits from the proposed NSW Government Biodiversity Conservation Fund.

 

The statement of commitments on page 136 is proposed to be amended to:

 

1.   Update the commitment in dot point 3, to reflect Council’s commitment to establish the in perpetuity payment for the proposed BioBank site and to commencing active management works.

 

2.   The final dot point commitment is proposed to be amended to add the words “with the exception of those identified to be removed and offset within the conservation lands as part of the BioCertification process”.  This is to recognise that a BioCertification approval will prevail to the extent of any inconsistency with the approved KPoM.

 

In addition, a minor change will be made to the draft BioCertification Assessment to reflect the current status of and potential availability of biodiversity credits from the Maria River BioBank site.

 

Planning & Policy Implications

 

If BioCertification is granted by the NSW Minister for the Environment over the Airport and surrounding lands as proposed, Council is not required to take into consideration the likely impact of the development on biodiversity values when determining a development application for the certified footprints, despite any provision of the Environmental Planning and Assessment Act 1979 or any regulation or instrument made under that Act. 

 

As noted under Submission 6 above, The BioCertification proposal makes allowance potential future Business Park development but does not obligate Council or the State government to approve a future amend Port Macquarie-Hastings Local Environmental Plan 2011 for expansion of the Business Park.  The BioCertification proposal does not change zonings or approve development. 

 

As noted in the 16 December 2015 report to Council, a planning proposal is currently being prepared and will be reported to Council separately.  If endorsed by Council and a gateway determination issued by the Department of Planning and Environment, the planning proposal will be placed on public exhibition for review and comment.

 

Financial & Economic Implications

 

There is no fee incurred by Council in making application to grant biodiversity certification over the land.

 

There will be costs for Council associated with the ongoing reporting of the BioCertification Strategy and with the maintenance of the BioBank site that the certification relies upon to allow clearing.  At the appropriate time, these development costs will need to be considered by Council from an Airport landowner and operator perspective.

 

In addition to the above, there is an uncertain cost associated with the proposal to secure an additional 40-50ha of Blackbutt Tallowwood dry grassy open forest to meet the OEH ‘maintain or improve’ test in the Biocertification process. It is recommended that Council consider a future report on the viability and implications of the identified options for securing the additional required Blackbutt Tallowwood dry grassy open forest and Koala habitat credits, prior to the clearing that creates the demand for these credits occurring.

 

The development of the Airport in accordance with the Airport Master Plan will have significant economic benefits that have been well documented in the past and are therefore not repeated here.  Proceeding with BioCertification of the land as proposed, is an important step in enabling these economic benefits to be realised.

 

 

Attachments

 

1View. Airoport and surrounding land Biodiversity Certification Application

2View. Public submissions

3View. EcoLogical Australia Koala habitat map

4View. Correspondence from proponent 27 July 2016

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          12.02

 

Subject:     Question From Previous Meeting - Physical Commencement of Development Applications

Presented by:  Development and Environment Services, Matt Rogers

 

 

 

 

 

RECOMMENDATION

 

That Council note the report on Physical Commencement of Development Applications.

 

 

Question from Councillor Intemann

 

What constitutes physical commencement of an approved development and how, if at all, does this differ from the previous criteria entitled substantial commencement?

 

Comments by Councillor (if provided)

 

Nil.

 

Response

 

Sections 95(4) and (5) of the Environmental Planning and Assessment Act 1979 outlines that a development consent for the erection of a building, or the subdivision of land, or the carrying out of a work (i.e. most development consents): “does not lapse if building, engineering or construction work relating to the building, subdivision or work is physically commenced on the land to which the consent applies before the date on which the consent would otherwise lapse under this section”.

 

The ‘physical commencement’ provisions of the EP&A Act 1979 replaced the ‘substantial commencement’ provisions of the Local Government Act 1919 in 1999. The ‘substantial commencement’ test was seen to be a very subjective and open to interpretation, resulting in uncertainty and confusion. Despite the intention to create more certainty, the ‘physical commencement’ provisions have been tested extensively in the Land and Environment Court.

 

Hunter Development Brokerage Pty Ltd v Cessnock City Council; Tovedale Pty Ltd v Shoalhaven City Council [2005] NSWCA 169 23 May 2005 – NSW Court of Appeal is considered to be a landmark decision in determining what is ‘physical commencement’. Essentially, the court of appeal found that survey work undertaken after issue of a development consent for the subdivision of land constituted ‘physical commencement’ and prevented the consent from lapsing.

 

Other case law supports that works including establishment of erosion and sediment control measures, acoustic investigations, demolition (demolition is a common method to achieve physical commencement as it does not require a construction certificate) and soil testing can all constitute ‘physical commencement’ and activate a consent. It is important to note that there can be varying nuances for particular types of development relying on these works to achieve ‘physical commencement’.

 

To effectively achieve ‘physical commencement’ proponents need to ensure the works:

 

-      Are undertaken before the consent lapses (ie. within 5 years from the date of determination or sooner if specified in the consent).

-      Relate to the development consent.

-      Are lawfully undertaken. For example, if a proponent was relying on a road connection or frontage works the necessary approvals under the Roads Act would need to be obtained prior to undertaking the work.

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          12.03

 

Subject:     Improving Recycling Services For Multi-Unit Dwellings

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

4.4.1  Reduce waste to landfill, utilising appropriate education, facilities and strategies.

 

 

 

RECOMMENDATION

 

That Council:

1.    Continue waste education for Multi-Unit Dwellings to further improve recycling and organic waste practices.

2.    Review the Waste Availability charge for Multi-Unit Dwellings in conjunction with the consideration of the 2017-2018 Fees and Charges.

Executive Summary

 

Council resolved at the Ordinary Council Meeting on 15 June 2016 to “provide a report to the August 2016 Council Meeting on progress and plans for improving recycling services for multi-unit dwellings”.

 

This report considers both Multi Unit Dwellings (MUD), strata title type complexes and Community Villages/Manufactured Housing Estates (MHE).

 

Council currently offers a range of waste services for MUDs including full (individual) and shared arrangements which offer all three waste streams (general waste- red bin, dry recycling - yellow bin and organics - green bin). Council also has a MUD availability charge that applies to each unit were the complex has a private waste collection service. Included in the charge is a Council provided recycling service. An availability charge also applies to MHEs, however as the land in these types of estate are generally in a single title, only one availability charge applies.

 

The 2011-2015 Waste Strategy identified MUDs as a specific target group for the improvement of waste management systems and waste reduction.

 

The proportion of MUDs without ‘yellow bin’ recycling services is low at 1% for complexes and approximately 6% for units. However, the proportion without ‘green bin’ organics services is higher at 15% for complexes and approximately 31% for units.

 

Space restrictions are the major constraint affecting the number and type of bins utilised by MUDs. Council undertook education campaigns for MUDs throughout 2015 with the intention of improving recycling practices. The program had limited improvement in the overall take up of recycling.

 

Continued education is proposed to further engage with residents and strata managers to advise them of best waste management practices and service options. An opportunity also exists to promote organic waste collection services in conjunction with a review of the waste availability charge.

 

Discussion

 

Council resolved the following at its Ordinary Council Meeting on 15 June 2016:

 

12.01   Notice of Motion - Recycling Services for Multi-Unit Dwellings

 

That Council request the General Manager to provide a report to the August 2016 Council Meeting on progress and plans for improving recycling services for multi-unit dwellings.

 

For the purposes of this report, Multi Unit Dwellings (MUD) are taken to be strata title type complexes consisting of 2 or more dwellings. Community Villages/Manufactured Housing Estates (MHE) are discussed separately as they have separate issues regarding waste collection.

 

Current waste services

 

Council currently offers the following waste services (charges) for MUDs:

 

·    Full waste service (Individual): Each unit is entitled to three bins (‘red’ general waste, ‘yellow’ recycling and ‘green’ organics) with the general waste bin collected either fortnightly or weekly depending on the service chosen (i.e. Minimiser, Standard, or Excess Service).

 

·    Shared waste service: One set of bins (red, yellow, green) is shared between two units.

 

·    MUD availability charge ($129 pa): Applied to MUDs that have a private waste contractor providing a general waste collection service. A recycling bin is available at no additional cost for units that pay the MUD availability charge. An organics bin is currently not included in the charge and is available on request at an additional cost.

 

Existing MUD recycling

 

All MUDs with individual or shared services have all three waste streams (‘red’ general waste, ‘yellow’ recycling and ‘green’ organics) provided by Council’s waste contractor (JR Richards) and paid for through rates.

 

The proportion of MUDs without ‘yellow bin’ recycling services is low at 1% for complexes and approximately 6% for units. The services referred to here are through Council or via a private service through Council’s contractor. However, it should be noted that recycling may be provided to the site via self managed bins or collected by another private waste contractor.

 

The table below shows data on ‘yellow bin’ recycling services for MUDs:

MUD ‘Yellow Bin’ Recycling Services

Charge

Total Complexes

Complexes without recycling

% Complexes without recycling

Total Units

Units without recycling

% Units without recycling

Availability

98

17

17

1935

380

20

Shared

144

0

0

895

0

0

Individual

978

0

0

3221

0

0

Total

1220

17

1%

6051

380

6%

 

The number of units without recycling shown above are estimates only as a detailed reconciliation of private services outside of Council’s Waste Contract is yet to occur.

 

The proportion of MUDs without ‘green bin’ organics services is higher at 15% for complexes and approximately 31% for units. As noted above, the services referred to here are through Council or via a private service through Council’s contractor, organics recycling may be provided to the site via self managed bins onsite or collected by another private waste contractor.

 

The table below shows data on ‘green bin’ organics services for MUDs:

 

MUD ‘Green Bin’ Organics Services

Charge

Total Complexes

Complexes without organics

% of complexes without  organics

Total Units

Units without  organics

% of units without organics

Availability

98

72

73%

1935

1506

78%

Shared

144

5

3%

895

26

3%

Individual

978

103

11%

3221

360

11%

TOTAL

1220

180

15%

6051

1892

31%

 

As indicated by the data above, there is a significant opportunity to achieve higher waste diversion, particularly by targeting diversion of organics from MUDs.

 

While it is possible individual units and residents may wish to recycle more, site constraints including limited space and a reluctance by other owners within a complex may restrict additional waste services.

 

Waste Education

 

The 2011-2015 Waste Strategy identified MUDs as a specific target group for the improvement of waste management systems and waste reduction. In 2015 consultants were engaged to create an assistance program that would assess waste management systems on site and provide advice to residents on how to reduce waste and reduce costs. 

 

The program commenced in May 2015 with letters sent to strata property managers and phone calls made to MUDs. Despite the approaches made by Council only 14 complexes signed up to the program.

 

A further attempt was made in August 2015 to again contact MUDs residents. Letters were sent directly to residents with a thought that a ‘bottom up’ approach may achieve better results. Unfortunately, only an additional 2 complexes signed up to the program.

 

A third attempt was made in November 2015 to again promote the program and encourage residents and strata property managers to be involved. Similar poor results were experienced with no more complexes signing up to the program.

 

Waste storage and collection systems vary greatly within MUDs and need to be managed differently to individual dwellings. Space restrictions are the major constraint affecting the number and type of bins chosen. Many MUDs were designed in the past with little regard for waste management and consequently, have limited space for recycling services.

 

MUDs are generally managed through a strata manager or body corporate. As waste management affects every unit in MUDs, changes to the system need to be approved by the Body Corporate or Strata Managers. While some residents may show interest in improving waste services, the decision for change ultimately lies with the managing body.

 

Staff are currently reviewing the effectiveness of the MUDs education program with a view to making changes to achieve better engagement of MUDs owners.

 

Community Villages and Manufactured Housing Estates (MHE)

 

Like MUDs, MHEs are also made up of a multi-dwelling arrangement but there are some significant differences that create separate issues in these types of developments.

 

MUDs contain individually rated units which allows a waste charge to be applied to each unit. MHEs generally only contain one rateable lot for the entire village and accordingly only one waste availability charge can be applied.

 

Pre-existing MHEs currently have no obligation to provide recycling services. They generally contain ‘private roads’ which don’t allow for public access, therefore limiting Council’s domestic waste collection contractor to enter. MHEs are generally controlled by one owner who provides private waste collection based on payments by residents of the complex. Detailed figures on the number of individual units within MHEs and the extent of private contractor recycling are currently being compiled.

 

Waste DCP Provisions

 

Development Control Plan (DCP) provisions for waste disposal, storage and collection are currently under review. The revised provisions are proposed to set mandatory waste related conditions for new developments including provision of three waste streams (waste, recycling, organics) to all MUDs and MHEs. In the interim Council’s standard conditions of development consent have been amended to require new MUDs and MHEs to provide for all three waste streams.

 

Existing MUD and MHE developments will not be obligated by new DCP waste provisions and will need to be encouraged to improve waste practices through other means.

 

Options

 

The following options are available to increase recycling participation and effectiveness within MUDs:

 

Continued waste education

 

While there are only small numbers of MUDs without recycling services, continued waste education is proposed in an attempt to further engage with residents and strata managers to advise the best waste management practices and service options.

 

An opportunity exists to promote organics waste collection services for MUDs and MHEs.

 

MUD availability charge review

 

The current MUD availability charge of $129 pa (FY 2016/2017) contributes to waste management administration and the provision of waste facilities (eg. waste transfer stations).

 

The availability charge also entitles unit owners to a recycling bin at no additional cost. This service is provided as an incentive rather than at full cost recovery. An organics bin is currently not included in the charge and is available on request at an additional cost.

 

If a MUD has a private recycling collection service, the minimum charge Council currently applies is the MUD availability charge of $129 pa. Council has received a request from one MUD for the charge to be reduced on the basis a private recycling collection service is in place. However, without a full review of the MUD availability charge, one off changes would result in an ad-hoc range of charges over the LGA. Nevertheless, reducing the availability charge may allow some MUDs to implement more effective and efficient recycling services through a private contractor. 

 

A detailed review of the availability charge is needed to determine the needs and objectives for an availability charge to further increase waste minimisation in MUDs. The review should consider the effectiveness of the current charge, the financial implications for Council, the requirements of the proposed Waste DCP and the ability to integrate an organic waste service.

 

Apart from continued waste education there is limited ability for Council to promote improved recycling practices for existing MHEs due to the private nature of waste collection and limited ability to apply waste charges.

 

Community Engagement & Internal Consultation

 

Council’s waste education program is proposed to be ongoing and is currently the subject of a Business Improvement Process as part of Council’s Service Reviews.

 

Waste and Rating staff have been consulted in the preparation of this report.

 

Planning & Policy Implications

 

A separate report will be presented to Council on amended Development Control Plan provisions for waste management.

 

Financial & Economic Implications

 

It is proposed to review the Waste Availability charge in conjunction with the consideration of the 2017-2018 Fees and Charges to examine whether incentives to encourage waste minimisation can be incorporated into the charging structure.

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          12.04

 

Subject:     Sancrox Employment Land Environmental Lands and Services Planning Agreement

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

4.9.1  Strategically and financially plan for the infrastructure that will cater for population growth.

 

 

 

RECOMMENDATION

 

That Council:

1.    Delegate Authority to the General Manager to:

a.  Sign the Contract for Sale/Deed of Acquisition and Land Titles Office Transfer Form for Lot 2 DP 1221154.

b.  Negotiate, enter into and execute an amendment to the Sancrox Employment Land Environmental Lands and Services Planning Agreement as proposed in the report.

2.    Subject to settlement and pursuant to section 34 of the Local Government Act 1993, commence the procedure to classify Lot 2 DP 1221154 as operational land by placing on public exhibition the proposed resolution “It is intended to classify Lot 2 Deposited Plan 1221154 (land situated at Fernbank Creek Road, Fernbank Creek) as operational land”, for a minimum period of 28 days.

3.    Subject to Resolution 2 above, note that a further report will be tabled to Council following completion of the public exhibition period, detailing the submissions received from the public during the exhibition period.

 

Executive Summary

 

Council has received a request to amend the Sancrox Employment Land Environmental Lands and Services Planning Agreement (Sancrox Agreement) relating the staged acquisition of offset environmental land in conjunction with an industrial subdivision at Sancrox. Due to complexities with the current property title and the need to extinguish easements over part of the environmental offset land, it is proposed that Council will acquire the land in stages.

 

The developers are also seeking a modification to the timing for the construction of water supply work to serve the development.

 

Discussion

 

The Sancrox Employment Land Environmental Lands and Services Planning Agreement (Sancrox Agreement) provides for the dedication of 14.37ha of offset environmental land in conjunction with clearing to be undertaken for a proposed industrial subdivision at Sancrox. A plan showing the location and extent of the offset land is attached (Offset Staging Plan). Part of the proposed offset land, (Stage A in the Offset Staging Plan and Lot 2 in the Offset Acquisition Plan) has a complicated land title that includes adjoining land (Lot 1 in the Offset Acquisition Plan as attached) in a different ownership but which is contained in the one title deed. In order to arrange for the transfer of the land to Council the landowners are proposing acquisition by agreement and have provided the owner’s consent for the land to be transferred to Council. This process involves the preparation of a plan of acquisition and the landowners signing a transfer deed agreeing to the acquisition at no cost to Council. All other costs associated with the transfer will also be met by the landowners.

 

The reminder of the land to be transferred (Stage B) has a series of easements burdening the land that need to be extinguished prior to transfer to Council. The process of extinguishing the easements is likely to take some time.

 

In order to proceed with the Industrial subdivision the landowners have proposed that the Stage A land, which represents 11.9ha or 82.8% of the total offset land, be dedicated to Council in conjunction with the development of the first 80% of the industrial subdivision. The remainder of the offset land would be dedicated prior to proceeding with the final stage of industrial subdivision. Alternatively offset land to Council’s satisfaction would be dedicated to Council. All other requirements relating to the establishment of the offset land will be carried out in accordance with the current provisions of the Sancrox Agreement.

 

The Sancrox Agreement also contains provisions relating to the provision of water and sewerage services to the industrial subdivision. It is proposed to make a minor alteration to the requirements for water supply work to allow Council to agree to alternative arrangements for the timing of water supply works to serve the development.

 

In order to expedite the amendment to the agreement it is proposed to delegate authority to the General Manger to negotiate, enter into and execute an amendment to the Sancrox Agreement.

 

Options

 

Council could require the development to proceed as proposed in the original planning agreement however this is likely to significantly delay the proposed industrial subdivision.

 

Community Engagement & Internal Consultation

 

The amendment to the planning agreement will be notified for 28 days.

 

Council’s Property and Water and Sewer Sections have be consulted.

 

Planning & Policy Implications

 

The amended agreement is consistent with Council’s Planning Agreements Policy.

 

Financial & Economic Implications

 

Contributions offered under the amended and current agreement are proposed to address provision of infrastructure required to serve the development.

 

 

Attachments

 

1View. Offset Land Staging Plan

2View. Offset Land Acquisition Plan

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          12.05

 

Subject:     Proposed Walking Track - Jonathon Dickson Reserve, Lake Cathie

Presented by:  Community and Economic Growth, Tricia Bulic

 

 

Alignment with Delivery Program

 

4.5.1  Provide and promote new and upgraded paths, facilities and access to parks and bushland/natural resources.

 

 

 

RECOMMENDATION

 

That Council:

1.    Note the recommendations of the Environmental Impact Statement for the proposed walking track from Jonathon Dickson Reserve to Middle Rock Road.

2.    Adopt the Option 1 route through the littoral rainforest as the preferred option for the walking track.

3.    Prepare and submit a Development Application for the Option 1 walking track.

 

Executive Summary

 

Lake Cathie Landcare Group and Lake Cathie Progress Association have sought the installation of a walking track through Jonathon Dickson Reserve to Middle Rock Road for some years.

 

The proposed track is located in a linear strip of littoral rainforest that extends from Jonathon Dickson Reserve in the north to Middle Rock Road in the south. East/West it is located between the rear boundary of the residential properties on Chepana Street and Lake Cathie Beach (Refer to Attachment 1 - Location Plan).

 

This matter was last considered by Council at the Ordinary Meeting held on 18 December 2013:

12.13  EXTENSION OF THE COASTAL WALKWAY THROUGH JONATHON DICKSON RESERVE (PIN 43834)

 

RESOLVED:   Sargeant/Roberts

That Council:

1.    Seek the necessary formal approvals for the construction of a walkway through the southern end of Jonathon Dickson Reserve and involve the local Landcare Group in the development and management of the walkway.

2.    List for consideration in the 2014 - 2015 Budget.

CARRIED:      7/2

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

AGAINST:       Hawkins and Levido

 

A budget allocation of $20,000 was adopted in the 2014-2015 Operational Plan to allow for the formal approval process to commence.

 

The site contains a State Environmental Planning Policy (SEPP) No 26 – Littoral Rainforest area. Hence the proposed track is deemed a Designated Development, requiring the Minister’s concurrence. In order to request the Minister’s concurrence, an Environmental Impact Statement (EIS) and assessment under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 is required.

 

Environmental consultants, Naturecall were engaged in February 2015 to undertake the Environmental Impact Statement (EIS). A first draft was received in January 2016 with final revision received in July 2016 (Refer to Attachment 3).

 

The consultant was asked to examine the environmental impact of two route options for the track (Refer to Attachment 2 - Walkway Route Options):

 

·    Option 1 meanders through the rainforest.

·    Option 2 passes directly along the back boundaries of houses on the eastern side of Chepana Street.

 

Both options are proposed to be 0.9 metres in width, and to be intended for foot traffic only.  The track is likely to have a woodchip or a compacted gravel surface.

 

Naturecall found that while Option 2 has less biodiversity impacts than Option 1, the overall biodiversity impacts of either option are considered unlikely to be significant. There is strong opposition to Option 2 within the Lake Cathie community, particularly from those that reside adjacent to the reserve. For this reason it is recommended that Option 1 be adopted.

 

A development application will need to be prepared and submitted prior to construction. Once approval has been received, the Lake Cathie Landcare Group and/or Lake Cathie Progress Association should be permitted to raise funds and construct the path under the close supervision of the Environmental Services Section of Council.

 

Discussion

 

There is a strong sense of ownership from the residents of both Chepana Street and broader Lake Cathie for this section of beach and adjacent rainforest. The local Landcare group have been working with Council in recent years to regenerate the littoral vegetation from Jonathon Dickson Reserve to the end of the existing wood chip path in the vicinity of 72 Chepana Street with great success. The wood chip path allows the group to enter the littoral forest on a designated path to maintain the vegetation and deliver water to the new plantings.

 

There are three formal beach access paths from Chepana Street to the beach; between 56 & 58 Chepana Street, between 82 & 84 Chepana Street and between 106 & 108 Chepana Street. All other informal tracks running east/west are to be revegetated and closed with fencing and signage. Council will continue to undertake an education campaign amongst residents of Lake Cathie particularly those with houses that abut the reserve to ensure there is an understanding for the need to close informal routes and to encourage use of the formalised tracks.

The local community lead by the Landcare group has been lobbying Council for a track to be installed parallel to the beach to connect with Middle Rock Road through the existing intact littoral rainforest for some years. Landcare considers that the path will provide a pleasurable and educational walk through the rainforest with benefits including passive surveillance to discourage dumping of garden waste and other rubbish and setting up of makeshift “camps” with fires. They will also use the track for weed removal, regeneration, restoration and maintenance works and delivery of water for new plantings. They believe that it will encourage people to walk along it to authorized beach access tracks instead of making their own tracks.

 

The site is located on a plain behind a narrow dune system. The dune system of the study area features a heavily eroded foredune that rises steeply in places from the beach to a height of up to 6 metres. The soils of the site are comprised of unconsolidated siliceous Aeolian sands with a shallow organic horizon grading into more developed sand podsols. The sand podsols feature a deeper organic A horizon that grades into unaltered parent sands. The underlying strata consists of rock-like formations of indurated sands (coffee rock) and exposed outcrops are visible in places along the beach front.

 

The flora survey found that the site vegetation was dominated by littoral rainforest in varying levels of disturbance; with a small area of Banksia woodland occurring in the north, and areas of exotic grassland in the vicinity of existing formal beach access tracks. The Littoral Rainforest qualified as an Endangered Ecological Community (EEC) under State and Federal legislation. The flora survey detected a single threatened plant on the site, being White-flowered Wax Plant (Cynanchum elegans). Several occurrences of this plant were noted throughout the reserve and it is also known to occur in Middle Rock Reserve to the south.

 

The fauna survey did not detect any threatened fauna species, but a number of threatened fauna species were considered potential occurrences on the basis of habitats present in the study area and local records. These were mainly wide ranging species that would only have potential to use the site/study area as a small part of their larger range.

 

The proposed walking track would require varying levels of vegetation modification depending on the option chosen. Option 1 has a footprint of 560m2 and would require removal of groundcover (mostly dominated by exotic species) along with limited pruning and removal of some shrubs/small trees; while Option 2 has a footprint of 516m2 and would generally only require the removal of exotic grasses and some patches of native regrowth shrubs.

 

While Option 2 has less biodiversity impacts than Option 1, the overall biodiversity impacts of either option are considered unlikely to be significant as:

 

·    The proposed walking track options have been designed to avoid key habitat components and threatened plants, and minimise the amount of vegetation requiring removal.

·    No hollow-bearing trees or Koala food trees would require removal.

·    The clearing/modification impacts would be largely limited to understorey and groundcover components and would not fragment and isolate any habitats, or create large canopy gaps that would be significantly exposed to salt spray and wind funnelling, leading to damage unable to be mitigated by natural processes.

·    Key transformer weeds (e.g. Bitou Bush) are unlikely to be advantaged by the proposal.

·    The fauna species considered to be potentially occurring on the site are unlikely to rely on the habitats present in the study area alone for all their lifecycle requirements, and all are considered to potentially use habitat on site post-development.

·    A range of mitigation measures will be implemented to ensure known and potentially occurring threatened species and the EEC on the site are not significantly impacted by the proposal.

The proposal will also have no significant impact on any other heritage or environmental attribute such as Aboriginal heritage, surface and groundwater, flooding, coastal erosion, air quality or vibration; hence minimal if any mitigation measures are required to minimise environmental impacts.

Option 2 has potential for relatively greater impacts on visual, amenity and privacy values of adjoining residents, hence is less preferred by Landcare (some of whom are adjacent residents) and the Lake Cathie Progress Association. These groups primarily prefer Option 1 for its avoidance of impacts on adjacent resident’s amenity. For this reason, Option 1 is considered likely to be preferred option by the community.

The proposal was found to be consistent with the objectives of SEPP 26, with Option 2 more compatible as it has relatively less risk of negative biodiversity impacts; and has the benefit of the closure of informal tracks and enhanced regeneration.

After a review of all factors, Naturecall determined that Option 2 is the relatively preferred option overall, even over the ‘do nothing’ option, as the latter will not see the impacts of informal tracks addressed.

Council has received feedback from the Lake Cathie Landcare Group and the Lake Cathie Progress Association that Option 2 would not be accepted by the community. For this reason we recommend that Option 1 is the Council’s preferred option given that the environmental impacts are considered unlikely to be significant.

 

With implementation of effective mitigation measures, the proposal is considered unlikely to have a significant effect warranting referral to the Department of the Environment (DotE) or a Species Impact Statement.

 

Options

 

Council has the option of:

 

·    Accepting the recommendation as put.

·    Selecting Option 2 as the preferred option.

·    Making an alternative recommendation.

 

Community Engagement & Internal Consultation

 

A number of submissions have been received from the Lake Cathie Progress Association and Lake Cathie Landcare since the inception of the EIS process. Both groups have supported the establishment of a walking track through the rainforest for many years. In 2010 the Association held community consultation meetings and conducted a communitywide letterbox survey in preparation for the 2010 Lake Cathie Village Masterplan Revision. In relation to a question about the track proposal, that document records 'Construction of the walking track through the forest is strongly supported by the community’.

Planning & Policy Implications

 

The site contains a State Environmental Planning Policy (SEPP) No 26 –Littoral Rainforest area. Hence the proposed track is deemed a Designated Development, requiring the Minister’s concurrence. In order to request the Minister’s concurrence, an Environmental Impact Statement (EIS) and assessment under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 is required.

 

On behalf of Council, Naturecall submitted a Request for Director-General’s Requirements for the preparation of an EIS. These requirements were received in a letter dated 27 April 2015. A request for variation for some requirements was sent to the NSW Office of Environment and Heritage (OEH). The replying letter and a copy of the Secretary’s Environmental Assessment Requirements (SEARs) are provided in Appendix D of the EIS. The Department of Primary Industries (Lands) was also consulted in regard to this matter.

 

All requirements raised in the SEARs and by OEH and Department of Primary Industries (Lands) have been addressed in the EIS.

 

A Development Application will now need to be submitted prior to any construction commencing. The EIS will be appended to the application.

 

A number of plans have provided information to support the installation of a path at Jonathon Dickson Reserve. These include the Lake Cathie (Southern) Coastal Foreshore Management Plan (Daintry Gerrand and Associates, Oct 2003).

 

Financial & Economic Implications

 

There are no financial and economic implications for Council in relation to this report beyond works in kind and fees associated with preparation and lodgement of a Development Application, should this be the direction for staff resulting from Council’s consideration of this report.

 

Construction of the walking track (pending approval) is to be funded by the Lake Cathie Landcare Group and/or Lake Cathie Progress Association.

 

 

Attachments

 

1View. Location Plan

2View. Walkway Route Options

3View. Environmental Impact Statement

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

What are we trying to achieve?

Our population growth is supported through public infrastructure, land use and development strategies that create a connected, sustainable and accessible community.

 

 

What will the result be?

·                 Supported and integrated communities.

·                 Infrastructure provision and maintenance that respects community expectations and needs.

·                 A natural environment that can be accessed by a network of footpaths, cycleways, coastal and hinterland walkways.

·                 Accessible, convenient and affordable public transport.

·                 Employment and population growth that is clustered within urban centres.

 

How do we get there?

 

5.1     Create and maintain integrated transport system that eases access between population centres and services.

5.2     Ensure transport options are safe, functional and meet access needs across the Local Government Area.

5.3     Develop and enhance quality open space and recreational facilities.

5.4     Plan settlements to accommodate a range of compatible land uses and projected population growth.

 

 

 

 

 

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          13.01

 

Subject:     Notice of Motion - Orbital Link Road

 

 

 

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

 

 

 

RECOMMENDATION

 

That Council:

 

1.    Note the report tabled at the Ordinary Council Meeting held on 20 April 2016 (referred to as Item 13.04 - Question on Notice: Road Network Planning), as well as all prior reports to Council and resolutions of Council and recommendations made by the Economic Development Steering Group since 2013, in relation to the proposed Orbital Link Road.

2.    Confirm that the ongoing development towards the proposed North-South and East-West Orbital Link Roads are a very high priority for Council, due to the major economic impact and regional significance that these roads represent.

3.    Request the General Manager provide a copy of this Notice of Motion and subsequent resolution of Council with a supporting letter to the Member for Port Macquarie, Leslie Williams, re-stating a request for assistance in seeking funding to enable Council to undertake the feasibility study for the Orbital Link Road, as well as requesting ongoing assistance in relation to seeking funding for the planning, preconstruction and construction of this priority project.

4.    Request the General Manager provide a copy of this Notice of Motion and subsequent resolution of Council with a supporting letter to the Federal Member for Cowper (Luke Hartsuyker MP); the Federal Member for Lyne (Dr David Gillespie MP) and the Member for Oxley (Melinda Pavey MP) to ensure that the four local Members of Parliament are kept well informed about the need for the North-South and East-West Orbital Link Roads, including the extensive background work already undertaken to support Council's position.

5.    Ensure that regular updates on progress regarding the North-South and East-West Orbital Link Road are provided to Councillors either through formal reports to Council meetings or to Council briefings.

 

Comments by Councillor Cusato

 

Timelines for information:

 

·     February 2013 - Council adopted Terms of Reference for the Economic Development Steering Group (EDSG) with the primary objective being:

 

"To assist Council in developing the overarching strategy for economic development across the Local Government Area".

 

·     September 2013 - draft Economic Development Strategy placed on public exhibition with extensive consultation.

·     November 2013 - EDSG incorporated feedback from submissions and recommended the revised draft Economic Development Strategy to Council for adoption.

 

·     November 2013 - Economic Development Strategy 2013-2016 adopted by Council.

 

·     Of the 26 actions listed in the strategy was:

 

“9.   Undertake an infrastructure gap analysis that will assist in developing a set of infrastructure priorities for the region.  To be completed by June 2014.”

 

·     September 2014 - Infrastructure Gap Analysis report prepared by PSA Consulting presented to EDSG.

·     November 2014 - The Infrastructure Gap Analysis report by PSA Consulting was recommended to Council by the EDSG (Council Report at Item 11.03).  From the report, the highest priorities for the EDSG were:

 

1.    Duplication of Lake Road (between Ocean Drive and the Oxley Highway)

2.    Duplication of Hastings River Drive (between Park and Aston Streets)

3.    A southern access road to the airport

4.    Boundary Street upgrade

5.    A southern link road that would link Ocean Drive to John Oxley Drive

 

·     May 2015 - Council Report at Item 13.04 (Report and resolution).

·     July 2015 - At a budget breakfast hosted by NSW Business Chamber, the Member for Port Macquarie (Leslie Williams MP) was asked by Cr Levido if, due to the limited resources of Councils, the NSW Govt could provide funding for planning of major projects to be potentially funded by money from the sale of poles and wires.  Ms Williams said that could certainly be looked at.

 

·     February 2016 - letter from the General Manager to the Member for Port Macquarie dated 25 February confirming discussion of the Orbital Road at a meeting on 8 February and formally requesting funding to undertake the feasibility study for the Orbital Road project.

 

·     April 2016 - letter from the Member for Port Macquarie to the General Manager dated 15th April which declines the request to seek funding for the Orbital Road feasibility study.

·     April 2016 - Council Report at Item 13.04 (Report and Resolution)

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      10/08/2016

 

 

Item:          13.02

 

Subject:     Broadwater Canal - Canal Maintenance Plan

Presented by:  Infrastructure and Asset Management, Jeffery Sharp

 

 

Alignment with Delivery Program

 

5.5.7  Develop and implement the annual maintenance and preventative works program for stormwater assets.

 

 

 

RECOMMENDATION

 

That Council:

1.    Adopt the Final Broadwater Canal - Canal Maintenance Plan and undertake the immediate priority actions identified within the 2016-2017 financial year.

2.    Increase the existing 2016/17 Operational Plan Broadwater Special Rate Canal Maintenance allocation by $221,230 from the Broadwater Special Rate Reserve, to allow for the completion of the replacement of all eroded Foreshore Shingles, Rock Armour and Sand and the  Installation of Flood Markers as identified in the Canal Maintenance Plan.

 

 

Executive Summary

 

The final version of the Broadwater Canal - Canal Maintenance Plan (CMP) has been prepared for Council by GHD Pty Ltd. The CMP provides a snapshot of the current condition of the canals and defines maintenance requirements to be undertaken by Council and private landowners over the next five years.

 

The completion of the CMP complies with Council’s obligations as defined within the Broadwater Canal Waterway Maintenance Plan (WMP). The WMP is a maintenance planning document that is linked to the titles of all properties falling within the canal area.

 

This report has been prepared to summarise the outcomes of the recent public exhibition of the Final Draft Broadwater Canal - Canal Maintenance Plan (CMP) and to adopt and finalise this key infrastructure planning document.

 

The report also outlines the recommended short term remedial works actions and identifies and outlines the funding required to be allocated within the 2016-2017 financial year from the Broadwater Special Rate reserve to achieve these priority actions.

 

It is proposed that the final version of the Broadwater Canal - Canal Maintenance Plan be adopted by Council and that in line with the ‘Immediate Priority Actions’ identified by the CMP, that Council allocate funding from the Broadwater Special Rate Reserve Fund to undertake the following works  within the 2016-2017 financial year:

 

·    Replacement of all eroded Foreshore Shingles, Rock Armour and Sand as identified in the CMP.

·    Undertake bi-annual Canal visual condition inspections by staff.

·    Undertake an annual canal weed / vegetation inspection by staff.

·    Liaise with landowners to ensure the removal of introduced materials and vegetation from the foreshore.

·    Installation of Flood Markers within the canals to assist in identifying the magnitude of flood events.

 

Discussion

 

At the Ordinary Council Meeting held on 18 May 2016, Council considered a report outlining the findings of the Final Draft Broadwater Canal Hydrographic Survey and Maintenance Plan (copy attached) and resolved:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Subsequent to the May Council Meeting, the Final Draft Broadwater Canal - Canal Maintenance Plan was placed on public exhibition via pmhclistening between 27 May and 24 June 2016. Hard copies of the plan were printed and distributed to the resident members of the Broadwater Canal Community Reference Group for review and dissemination to the community. In addition, residents and landowners were advised of the pending exhibition of the plan via a newsletter posted to all residents and landowners within the estate during early May 2016.

 

The public exhibition saw a total of 49 visits to the site, 16 document downloads and no online submissions.

 

In addition, the document was reviewed by, and comments received from, the Broadwater Canal Community Reference Group during the 2 June  2016 group meeting, the results of which are provided in the “Community Engagement and Internal Consultation” section below.

 

In summary, the Reference Group queried matters ranging from modifications to the text of the Final Plan to include reference to the Groups role in instigating the study, to making recommendations regarding a requirement for additional annual inspections based on their extensive experience in monitoring the canals. Additionally, the Group raised a number of queries regarding the process to action the outcomes of the plan.

 

These comments have been incorporated into the Final Broadwater Canal - Canal Maintenance Plan and associated Review of Environmental Factors document (attached).

 

The key findings / outcomes of this plan include the following:

 

·    Sedimentation and scour was identified throughout the canal waterway, though the quantities of sedimentation and resulting reductions in available draft do not warrant dredging. Consequently no sediment sampling and analysis was undertaken during the preparation of the CMP.

·    There exists localised areas of damage and erosion to foreshore shingles and rock armour.

·    Areas have been identified in which property owners have undertaken works for maintenance, aesthetic or practical purposes contradicting the conditions set out in the WMP.

·    Growth of vegetation along the canal foreshores is not in accordance with the design intent of the original WMP.

 

Utilising the issues identified, a listing of remedial maintenance works has been prepared, with the works being designated as either, “immediate priority actions”, or as “recommendations for future monitoring and maintenance”. Please refer to the attached CMP document for specific details and locations in this regard.

 

Below is a summary of the immediate priority actions identified in the Plan:

 

·    Regular monitoring of the Broadwater Canal every five years as well as additional monitoring following extreme flood events and the completion of bi-annual proactive visual inspections by Council staff to visually assess and monitor the condition of the canal infrastructure. Undertake maintenance in accordance with observations from monitoring.

·    Include the immediate priority actions recommended in Section 3 in Council’s 2016-2017 maintenance works plan, with all work proposed to be completed by June 2017.

·    Replenish foreshore areas identified as being subject to erosion with suitable shingles or rock armour.

·    Undertake an additional hydrographic survey within five years to confirm rates and patterns of sedimentation and erosion, and associated need for dredging.

·    Revisit the CMP following completion of future hydrographic survey(s) and ongoing monitoring and maintenance.

·    Given that no immediate dredging activities are proposed, no sampling and analysis of sediments from the bed of the canal is required at this stage. However, it is recommended that consideration is given to analysis of the physical and chemical properties of the canal sediments in order to inform the planning of future maintenance dredging campaigns.

·    Encourage property owners to be proactive in monitoring the condition of the canal and liaise with Council on issues as they arise.

·    Liaise with property owners who have introduced material onto the foreshore of their property that contradicts the conditions set out in Memorandum AA703324B (Appendix I). Furthermore it is recommended that Council give consideration to the potential impacts associated with these materials and enforce their removal if deemed appropriate following consultation.

·    Monitor natural foreshore vegetation and consider removal if it is deemed to be problematic with respect to aesthetics, collection of debris, damage to foreshore protection or providing habitat for pest species.

·    Continue to monitor assets that are prone to accumulating small debris such as the flood control weir and entrance flow deflectors, and undertake necessary removal works.

 

As noted in the prior report, it is proposed that the immediate priority actions identified in the plan be implemented during the 2016-2017 financial year.

 

A summary of the financial implications of these recommended works is included in the “Financial and Economic Implications” section of this report below.

 

Options

 

Council has the option of accepting or amending the recommendation presented within this report, or rejecting the recommendation and determining an alternate resolution.

 

Community Engagement & Internal Consultation

 

Submission

 

Issue

1.

Submitter: Broadwater Canal Maintenance Plan - Community Reference Group

 

The Hydrographic Survey mentions that "Previous Surveys" were not available, the wording should have included the fact that the Council did not have any previous survey carried out because the matter of, and need of Hydrographic Surveys was only brought to their attention by our research and diligence in requesting that this 2016 survey be made as stipulated in the original Broadwater Canal documentation as approved by Council.  A Bi-Annual visual inspection associated with a five year Hydrographic Survey seems to be an economically efficient way of achieving the best results for the Council and the Land Owners.

 

Response/Comment:

The Broadwater Canal Maintenance Plan Community Reference Group is thanked for their diligence in keeping Council staff accountable to undertake the Council commitments under the Waterway Maintenance Plan.

The text in the final version of the plan has been amended to note that “No hydrographic survey has been completed, despite being constructed well over five years ago, as it had not been assigned a high priority by council until requested by resident members of the Broadwater Canal Maintenance Plan - Community Reference Group”

The recommendation to undertake a bi-annual visual inspection of the foreshore and canal assets in addition to the 5 yearly hydrographic surveys and post flood inspections required in the Waterway Maintenance Plan and Canal Maintenance Plan is however supported.

This additional recommendation has been added to the final version of the plan.

 

2.

Submitter: Broadwater Canal Maintenance Plan - Community Reference Group

Who will be invoiced for the "Beach Sand" rectification work as highlighted in the Hydrographic Survey report. The Council or the Land Owner of the sand affected beaches, or will all of the Broadwater Estate Land Owners be burdened with the cost, and have the funds paid from the Maintenance Levy General Funds?

Response/Comment

It is proposed that landowners who have contravened the requirements of the Waterway Maintenance Plan and requirements of Memorandum AA703324 by placing sand on the waterway frontage of their property will be required to remove the sand at their expense prior to the Council undertaking any remedial works as identified in the plan (shingle replacement/replenishment)

 

3.

Submitter: Broadwater Canal Maintenance Plan - Community Reference Group

 

Who will be invoiced for the ""Beach Front Erosion" work where some Land Owners have private property run-off rain water piped under their footpath, through their Revetment Wall and then on top off/partially submerged under their beach sand/gravel shingle. Will the cost be by the individual Land owners, the Builders who created this unapproved costing short cut, or will the Council make the financial contribution by not inspecting the final building compliance work before sanctioning the Occupancy Certificate to the home owner. The Maintenance Levy General Funds should not be burdened with this costing.  We support  the establishment of a uniform "Minimum  Standard" for the disposal of Private Property rain water drainage into the Canal Reserve  provided it is unseen and below the beach sand shingle to beyond the mean low tide mark for both new building constructions and existing buildings.

 

Response/Comment

It is understood that the outlets onto the foreshore area are not roof water outlets, but are subsoil drainage outlets and / or outlets draining low level paved areas located at the rear of the properties.

It is agreed that the funds within the Broadwater Special Rate Reserve should not be utilised to remedy or modify private stormwater outlets and as such Council proposes to liaise with the individual offending property owners requesting modification of these outlets prior to undertaking any remedial works as identified in the plan (shingle replacement/replenishment).

The exact solution to this issue will need to be negotiated with the subject landowners.

 

4.

Submitter: Broadwater Canal Maintenance Plan - Community Reference Group

 

The Canal Beach Shingle restoration and upgrade is listed with a finishing date of June, 2018, (two full years from now), as this work has been estimated to take 15 days to complete, why the need for two years, and not two months to have the work completed.  Can the Land Owners have some contribution into the grade of pebbles to be used on the final "top-Up" 50 mm to 100 mm. of the beach shingle?

 

Response/Comment

As noted in the prior report, whereas the Final Draft CMP notes that the remedial works actions are proposed to be undertaken in the 2017-18 Financial Year, Council’s Transport & Stormwater Network staff intend to commence remedial works within the 2016-17 Financial Year subject to the outcomes of the exhibition period and the allocation of funding from the Broadwater Canals Reserve Fund. These dates have been amended in the final version of the plan.

In relation to the grade / type of shingle to be utilised within the canals and property frontages, on the basis that much of the works is located on the private land portion of the canal foreshore, Council will provide residents with input into the grade / type of shingle to be installed. Note that the type of shingle will need to be consistent throughout the estate, with sizing also needing to achieve adequate foreshore protection.

 

5.

Submitter: Broadwater Canal Maintenance Plan - Community Reference Group

 

Extract from Group response to review of Draft Council Report: We believe that it conveys the appropriate information in regard to the more important matters that we discuss in our Broadwater Estate meetings, but we would like to have our concerns regarding the cutting of the Seabed Stabilisation Matting  by builders when they construct Land Owners Boat Ramps  and the probable long term effects of deterioration of the boat ramp structure as the canal seabed erosion causes the boat ramp structure to crack and break into two separate sections  which would eventually be very costly to repair.   Some consideration should be given to our previous request from several months ago, in regard to builders making a Bond payment to Council when the boat ramp construction D.A. is submitted to Council.

Is it the Builders, the Land Owners, the Council, or the Broadwater Estate Levy funds that would be used for any future Boat Ramp deterioration and subsequent repairs?

 

Response/Comment

Council staff have implemented processes relating to the control of boat ramp installation, however many of the developments have already commenced or Development Approvals been granted prior to the changes being made and therefore only a limited number of sites can be captured under new conditions.

Issues also exist with private certification and Council not being informed at the appropriate time to ensure installation and rectification is undertaken in an appropriate manner.

 

 

Planning & Policy Implications

 

The Broadwater Canal - Canal Maintenance Plan in conjunction with the adopted Waterway Maintenance Plan sets the infrastructure planning framework for maintenance within the Broadwater Canals for the next five years.

 

Financial & Economic Implications

 

As outlined in the report to Council on 18 May 2016 Item 13.02, the Broadwater Canal Estate is subject to a Special Rate Levy that is levied against all properties in the estate. Funds raised by the special rate are retained within a specific Broadwater Reserve Fund for the works, investigations and maintenance activities as prescribed within the adopted Waterway Maintenance Plan (WMP).

 

Specifically, the WMP specifies that “one half of the income raised each year shall be allocated to monitoring and routine maintenance, and one half shall be allocated to a reserve within the fund to meet the cost of restoration of Extreme Flood Event Damage, including the cost of insuring against such damage.”

 

The Canal Maintenance Plan and Hydrographic Survey that is the subject of this report has been funded from the Broadwater Special Rate Levy fund as per the requirements of the WMP and it is intended that the identified remedial works actions shall also be funded from this source.

 

The current balance of the reserve is approximately $1.29M, and the total value of all identified priority items to be undertaken within the next 5 years as identified within the CMP is $257,000.

 

A summary of the costs of the key identified actions from the Plan is included below:

 

Item

Identified Priority

Quantity

Cost range

Say

Cost

Conti-ngency

Total (rounded)

Erosion of foreshore shingles - Replace

Immediate

2960 Tonnes

$23 - $55 /Tonne

$50

$148,000