Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 14 December 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 14 December 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..................................................................................... 28

06           Mayoral Minute

06.01..... Mayoral Discretionary Fund Allocations.............................................. 32

07           Confidential Correspondence to Ordinary Council Meeting................................. 33

08           Public Forum................................................................................................... 34

09           Ensuring Good Governance........................................................................... 35

09.01..... Status of Reports From Council Resolutions....................................... 36

09.02..... Disclosure of Interest Return.............................................................. 41

09.03..... Delegated Authorities - Certificate of Identification Issued Under the Swimming Pools Act 1992................................................................................................. 43

09.04..... Code of Conduct Complaint Statistics................................................ 45

09.05..... Council Steering Group Amendments................................................. 49

09.06..... Notice of Motion - ICT Strategy Implementation Status........................ 52

09.07..... Monthly Financial Review for November 2016...................................... 53

09.08..... Rescission of "Backdating of Pensioner Concession Rebates" Policy.. 57

09.09..... Investments - November 2016............................................................ 59

09.10..... Amendment to 2016-2017 Fees and Charges....................................... 68

10           Looking After Our People............................................................................... 71

10.01..... Boundary Adjustment Between Part Council's Port Macquarie Water Supply Dam Land and 1 Orr Street.......................................................................................... 72

10.02..... Rescission of "Beach Areas Permitting Dogs in Local Government Area" Policy          75

10.03..... DA2016 - 815.1 Dual Occupancy And Torrens Title Subdivision Into 2 Lots Including A Clause 4.6 Variation To Clause 4.4 (Floor Space Ratio) Of The Port Macquarie Hastings Local Environmental Plan 2011 At Proposed Lot 25 Summer Circuit (Seawide Estate), Lot 4 DP 615261, Ocean Drive, Lake Cathie...................................................... 78

10.04..... Recommended Item from the Mayor's Sporting Fund Sub-Committee - November 2016 Meeting ............................................................................................ 81

11           Helping Our Community Prosper................................................................... 82

11.01..... Classification of Public Land - 33 Commerce Street, Wauchope (Lot 307 DP 1075670) 83

11.02..... CBD Free Wi-Fi Trial Update............................................................... 85

11.03..... Port Macquarie Airport - Airport Advisory Group Charter and Airport Terminal Building Upgrade Steering Group Charter......................................................... 88

11.04..... Economic Development Strategy 2013-2016:  Six Monthly Report on Progress            93

11.05..... Tastings on Hastings 2016................................................................. 96

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

12.01..... Acquisition of an Easement for Water Supply at Cameron Street, Wauchope   103

12.02..... DA2016 - 372.1 - Residential Flat Building Including a Clause 4.6 Variation to Clause 4.3 (Height of Building) of the Port Macquarie Hastings Local Environmental Plan 2011 at Lot 3 DP 345930, 3 Gore Street, Port Macquarie........................................ 106

12.03..... Question From Previous Meeting - Short-Term Holiday Letting........... 110

12.04..... Recommended Item from Coast, Estuary & Floodplain Advisory Sub-Committee - Draft Lake Cathie Coastal Management Development Control Plan (DCP) Provisions 114

12.05..... Land Development Approval Process Review Update........................ 115

13           Planning and Providing Our Infrastructure................................................... 118

13.01..... Transfer of Land to Council for Drainage and Sewer Purposes........... 119

13.02..... Town Centre Master Plan Sub-Committee Charter.............................. 121

13.03..... Recommended Item from Local Traffic Committee - 2017 NSW Junior State Cup Touch Football Championships.................................................................. 125

13.04..... Small Villages Pedestrian Access and Mobility Plan.......................... 127

13.05..... Port Macquarie Town Centre - Pedestrian Facility Investigations......... 130

13.06..... Southern Arm Trunkmain Easement................................................... 135

13.07..... Planning Proposal - Homedale Road, Kew ....................................... 138

13.08..... Draft Yippin Creek Structure Plan - consideration of submissions & re-exhibition         144

13.09..... Optimising Utilisation of Port Macquarie Sports Fields...................... 162  

14           Questions for Next Meeting

15           Confidential Matters

Motion to move into Confidential Committee of the Whole............................... 174

15.01..... T-16-27 Cairncross Landfill Gas Pumping Trial

15.02..... T-16-41 Supply of Cisco Network Switch Equipment

15.03..... T-16-46 Provision of Road Patching and Kerb Replacement Services

15.04..... T-16-47 Provision of Aviation Security Screening Services, Port Macquarie Airport

15.05..... T-16-55 Fencing Supply and Installation for Second Hockey Field at Wayne Richards Park

15.06..... T-16-57 Management, Operation and Promotion of Port Macquarie Indoor Stadium

15.07..... T-16-61 Supply and Delivery of Domestic Water Meters (REGPRO181617)

15.08..... T-16-04 Sewer SCADA Development

15.09..... T-16-06 Advertising on and Maintenance of Transport Assets

15.10..... Water Main Construction - Pacific Highway to John Oxley Drive North Oxley Town Centre

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      14/12/2016

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 16 November 2016 be confirmed.

 


MINUTES                                                                             Ordinary Council Meeting

                                                                                                                        16/11/2016

 

 

 

PRESENT

 

Members:

 

Councillor Peter Besseling (Mayor)

Councillor Rob Turner

Councillor Michael Cusato

Councillor Sharon Griffiths

Councillor Peter Alley

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Lisa Intemann

Councillor Lee Dixon

 

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Acting Director of Community and Economic Growth (Liesa Davies)

Director of Corporate and Organisational Services (Rebecca Olsen)

Director of Development and Environment Services (Matt Rogers)

Acting Director of Infrastructure and Asset Management (Gary Randall)

Group Manager Governance and Executive Services (Blair Hancock)

Governance Support Officer (Bronwyn Lyon)

Communications Manager (Andy Roberts)

 

 

 

The meeting opened at 5:30pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

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

 

02       LOCAL GOVERNMENT PRAYER

Reverend Malcolm Hausler from the Uniting Church delivered the Local Government Prayer.

 

03       APOLOGIES

Nil.

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Intemann/Hawkins

That the Minutes of the Ordinary Council Meeting held on 19 October 2016 be confirmed.

carried:      9/0

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

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Cusato declared a Pecuniary Interest in Item 11.02 - Port Macquarie Airport Terminal Building Upgrade Project, the reason being that Councillor Cusato owns a hanger in the precinct.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.02 - DA 2016-298 - Lot 3, DP 366050, No 68 Church Street, Port Macquarie, the reason being that Councillor Levido is a Partner in law firm Donovan Oates Hannaford and the firm acts for the owner of the property being the subject of the report.

 

Councillor Levido declared a Pecuniary Interest in Item 15.03 - EOI-16-05 - Community Members of the Broadwater Canal Maintenance Plan Reference Group, the reason being that Councillor Levido owns and occupies principal place of residence in area covered by the Broadwater Special Rate and affected by Broadwater Canal Maintenance Plan and Reference Group.

 

Councillor Dixon declared a Non-Pecuniary, Significant Interest in Item 15.02 - T-16-52 - Synthetic Turf System for Second Hockey Field at Wayne Richards Park, the reason being that Councillor Dixon has previously been involved as Fixture Coordinator for Port Macquarie Hockey Association and have numerous close relationships with all clubs and players alike.

 

RESOLVED:  Cusato/Hawkins

 

That the disclosures of interest be noted.

carried:      9/0

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

Against:       Nil

 

 

06.01  Mayoral Discretionary Fund Allocations

RESOLVED:  Besseling

 

That the Mayoral Discretionary Fund allocations for the period 6 October to 2 November 2016 inclusive be noted.

carried:      9/0

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

Against:       Nil

 

 

06.02  2016-2017 General Manager's Performance Review Panel

RESOLVED:  Besseling

 

That Council:

1.       Determine the composition of the General Manager’s Performance Review Panel for the 2016-2017 period to consist of the Mayor, Deputy Mayor, one (1) Councillor nominated by Council and one (1) Councillor nominated by the General Manager.

2.       Appoint Councillor Lee Dixon as the Councillor nominated by the Council to the General Manager’s Performance Review Panel for the 2016-2017 period.

3.       Note that Councillor Geoff Hawkins is the General Manager’s nominated Councillor on the General Manager’s Performance Review Panel for the 2016-2017 period.

4.       Delegate to the General Manager’s Performance Review Panel:

a)      The whole process of performance management, including discussions about performance and performance reviews for the 2016-2017 period.

b)      The reporting to Council of findings and recommendations of reviews for the 2016-2017 period and any actions that should be taken.

c)      The determination of any new performance agreement for the period 2017-2018.

5.       Determine for the 2016-2017 period that there be one formal performance review at the completion of the period and an informal performance review at four months, noting that the 2016-2017 General Manager performance plan will run from 1 November 2016 to 30 June 2017 so that future performance plans are aligned to financial years.

carried:      9/0

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

Against:       Nil

 

 

06.03  Councillor Portfolio Structure

RESOLVED:  Besseling

 

That Council:

1.      Adopt the revised Councillor Portfolio Structure as follows:

 

(a)     Communication, Governance and Community Relations

          Chair:  Mayor Peter Besseling

          Alt Chair: General Manager, Craig Swift-McNair

 

(b)     Major Projects

          Chair:  Councillor Justin Levido

          Alt Chair:  Councillor Mike Cusato

 

(c)     Roads & Transport Infrastructure

          Chair:  Councillor Sharon Griffiths

          Alt Chair:  Councillor Lee Dixon

 

(d)     Economic and Cultural Development

          Chair:  Councillor Rob Turner

          Alt Chair:  Councillor Geoff Hawkins

 

(e)     Water, Stormwater, Sewer and Waste

          Chair:  Councillor Lisa Intemann

          Alt Chair:  Councillor Justin Levido

           

(f)      Towns, Villages and Public Spaces

          Chair:  Councillor Lee Dixon

          Alt Chair:  Councillor Sharon Griffiths

 

(g)     Planning, Environment and Sustainability

          Chair:  Councillor Peter Alley

          Alt Chair:  Councillor Rob Turner

 

(h)     External Grants and Revenues

          Chair:  Councillor Mike Cusato

          Alt Chair:  Councillor Peter Alley

 

(i)      Finance, Corporate Services and Information Technology

          Chair:  Councillor Geoff Hawkins

          Alt Chair:  Councillor Lisa Intemann

 

to champion the advancement of Council's key priorities by providing a means of gathering, receiving and discussing information in an efficient and timely manner.

2.      Adopt the draft Councillor Portfolio Protocol attached to the report.

carried:      8/1

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

Against:       Griffiths

 

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

RESOLVED:  Cusato/Intemann

That Council determine that the attachments to Item Numbers 9.07 and 11.02 be considered as confidential, in accordance with section 11(3) of the Local Government Act.

carried:      9/0

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

Against:       Nil

 

 

08       PUBLIC FORUM

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

 

 

Requests to Speak On An Agenda Item

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

 

Item 13.05 - Mr Tony Thorne in support of the recommendation.

Item 13.07 - Mr Peter Roche in support of the recommendation.

 

RESOLVED:  Turner/Griffiths

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

carried:      9/0

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

Against:       Nil

 

 

Suspension of Standing Orders

 RESOLVED:   Alley/Hawkins

That Standing Orders be suspended to allow items 13.05 and 13.07 to be brought forward and considered next.

carried:      9/0

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

Against:       Nil

 

 

13.05  Planning Proposal for Council Land - Greenmeadows Drive, Port Macquarie

Mr Tony Thorne, King and Campbell Pty Ltd, representing J & G Newton, addressed Council in support of the recommendation, referred to a Plan of Management for the area and answered questions from Councillors.

 

RESOLVED:  Turner/Griffiths

 

That Council:

1.       Pursuant to Section 59(2) of the Environmental Planning and Assessment Act 1979,  make the Local Environmental Plan to rezone and reclassify Lot 139, DP 815514, Greenmeadows Drive, Port Macquarie.

2.       Fund the establishment and maintenance of the proposed environmental lands from the Property Reserve over a five year timeline.

carried:      9/0

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

Against:       Nil

 

 

13.07  Planning Proposal - Rezoning and Reclassification of Land at Wauchope for Regional Sports Facility

Mr Peter Roche addressed Council in support of the recommendation.  Mr Roche offered Council the opportunity for the free use of part of his land in connection with the proposed Wauchope Sports Fields in exchange for consideration of rezoning his property and answered questions from Councillors.

 

RESOLVED:  Griffiths/Dixon

 

That Council:

1.       Prepare a draft planning proposal in relation Council owned land adjacent the Oxley Highway at Wauchope to amend the provisions of Port Macquarie-Hastings Local Environmental Plan 2011, to permit the land to be used as a multi use regional sports and recreation precinct, as described in this report, pursuant to Section 55 of the Environmental Planning and Assessment Act 1979.

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

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

 

carried:      9/0

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

Against:       Nil

 

 

09.01  Status of Reports From Council Resolutions

RESOLVED:  Intemann/Cusato

 

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

carried:      9/0

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

Against:       Nil

 

 

09.02  2016 Local Government NSW Annual Conference

RESOLVED:  Cusato/Alley

 

That Council note the information contained in the 2016 Local Government NSW Annual Conference report.

carried:      9/0

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

Against:       Nil

 

 

09.03  Council Steering Group Appointments

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Appoint Councillor J Levido, as Chair of the Major Projects Portfolio, as the Councillor representative on the following Steering Groups:

-    Stingray Creek Bridge Replacement Project Steering Group;

-    Ocean Drive Duplication Steering Group;

-    Port Macquarie Indoor Stadium Expansion Steering Group;

-    Village Sewerage Scheme Steering Group.

2.       Request the General Manager table a report at the 14 December 2016 Council meeting detailing suggested amendments to the Steering Group Charters to provide greater consistency across of operation across each of the Steering Groups.

carried:      9/0

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

Against:       Nil

 

09.04  Councillor Membership to Committees, Groups and Boards

RESOLVED:  Besseling/Intemann

 

That Council:

1.       Appoint appropriate Councillor representation to the following currently established Committees, Groups and Boards:

 

Committee / Steering Group

 

Councillor Representation

Airport Advisory Group

Clr J Levido

Arts Mid North Coast Board

Clr R Turner

Audit, Risk & Improvement Committee

Clr L Intemann

Clr G Hawkins

Australia Day Sub-Committee

Clr S Griffiths

Coast, Estuaries & Floodplain Sub-Committee

Clr M Cusato

 

Local Traffic Committee / Local Development Committee (Traffic)

Deputy Mayor

Mayor’s Sporting Fund Sub- Committee

Mayor

Port Macquarie-Handa Sister City Sub-Committee

Clr L Dixon

 

Port Macquarie-Hastings Access Sub-Committee

Clr P Alley

 

Port Macquarie-Hastings Economic Development Steering Group

Clr R Turner

 

Town Centre Master Plan Sub-Committee

Clr G Hawkins

Clr M Cusato

 

2.       Dissolve the Glasshouse Sub-Committee and request that the General Manager thank in writing, each of the independent members of the Sub-Committee for their support and contributions.

3.       Request the General Manager table a report at the 15 February 2017 Council meeting providing a review and future options for:

a)         Heritage, Arts and Cultural Priorities Advisory Group

b)         Aboriginal Advisory Committee

c)         Implementation and monitoring of the Glasshouse Strategic Plan, particularly in relation to the objectives of the Cultural Plan.

d)         PMHC Youth Advisory Committee

e)         Mid North Coast Co-operative Library Committee

4.       Request the General Manager undertake a review of the Town Centre Master Plan Sub Committee Charter, with a report to be tabled at the 14 December 2016 Council Meeting.

5.       Request the General Manager undertake a review of the Audit, Risk and Improvement Committee Charter to ensure alignment with recent legislation, with a report to be tabled at the 15 March 2017 Council Meeting.

6.       Request the General Manager undertake a review of the Airport Advisory Group Charter, with a report to be tabled at the 14 December 2016 Council Meeting.

 

 

 

7.       Request the General Manager undertake a review of the following Committees in an effort to achieve a more streamlined approach to such civic event committees, with a report to be tabled at the 15 February 2017 Council meeting:

-     Australia Day Sub-Committee;

-     Mayor’s Sporting Fund;

-     Port Macquarie-Handa Sister City Sub-Committee.

8.       Consider alternate Chairs for Committees to be brought to the February 2017 Council meeting.

carried:      8/1

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

Against:       Griffiths

 

 

09.05  Project Management

RESOLVED:  Hawkins/Turner

That Council:

1.       Place on public exhibition from 25 November 2016 until 23 December 2016 (28 days), the draft Project Management Policy.

2.       Place on public exhibition from 25 November 2016 until 23 December 2016 (28 days) its intention to rescind the:

(a)     Project Management and Gateway Policy.

(b)     Project Management Guidelines Policy.

3.       Note that a further report will be tabled at the February 2017 meeting of Council, detailing the submissions received from the public during the exhibition period.

carried:      9/0

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

Against:       Nil

 

 

09.06  Payment of Expenses and Provision of Facilities to Councillors Policy

RESOLVED:  Intemann/Griffiths

That Council:

1.       Adopt the Payment of Expenses and Provision of Facilities to Councillors Policy, as attached to the report.

2.       Pursuant to Section 253 of the Local Government Act 1993, forward to the Office of Local Government:

(a)     A copy of the adopted Payment of Expenses and Provision of Facilities to Councillors Policy.

(b)     A copy of this report.

(c)     A copy of the notice of public exhibition.

(d)     Advice that no submissions directly related to this Policy were received.

carried:      9/0

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

Against:       Nil

 

 

09.07  Quarterly Budget Review Statement

RESOLVED:  Hawkins/Cusato

 

That Council note the Quarterly Budget Review Statement for the September 2016 quarter.

carried:      9/0

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

Against:       Nil

 

 

09.08  Financial Impact of Cost Shifting From Other Levels of Government

RESOLVED:  Hawkins/Cusato

 

That Council:

1.       Note the information in this report on the financial impact of cost shifting from other levels of Government.

2.       Note that the calculated financial impact in the current 2016-2017 financial year for each of the 31,946 Residential ratepayers within Council's LGA is approximately $288 per ratepayer on average.

3.       Request the General Manager write to the Member for Port Macquarie the Hon. Leslie Williams MP, the Member for Oxley the Hon. Melinda Pavey MP, the Member for Cowper the Hon. Luke Hartsuyker MP and the Member for Lyne the Hon. Dr. David Gillespie MP, enclosing a full copy of this Financial Impact of Cost Shifting report and request their active assistance in removing this financial burden on our community.

carried:      9/0

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

Against:       Nil

 

 

09.09  2016-2017 Operational Plan Quarterly Progress Report as at 30 September 2016

RESOLVED:  Intemann/Griffiths

 

That Council note the 2016-2017 Operational Plan Quarterly Progress Report as at 30 September 2016.

carried:      9/0

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

Against:       Nil

 

 

09.10  Annual Financial Statements for the Year Ended 30 June 2016

RESOLVED:  Hawkins/Griffiths

 

That Council adopt the Annual Financial Statements for the year ended 30 June 2016, as submitted, together with the Auditor’s Report.

carried:      9/0

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

Against:       Nil

 

 

09.11  2015-2016 Annual Report

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Adopt the 2015-2016 Annual Report, comprising Parts A, B, C and D.

2.       Submit the adopted 2015-2016 Annual Report to the Minister for Local Government by the 30 November 2016.

3.       Publish the adopted 2015-2016 Annual Report on Council's website and make copies of the report available at all Council Offices and Libraries.

4.       Note the distribution proposal for Part A Community Report Card 2015-2016.

carried:      9/0

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

Against:       Nil

 

 

09.12  Monthly Financial Review for October 2016

RESOLVED:  Hawkins/Turner

 

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

carried:      9/0

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

Against:       Nil

 

 

09.13  Investments - October 2016

RESOLVED:  Cusato/Hawkins

 

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

carried:      9/0

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

Against:       Nil

 

 

09.14  Making a Decision about Future Rates

MOTION

MOVED:  Turner/Alley

That Council:

1.       Place the following draft documents on public exhibition for a period of 28 days from 21 November to 18 December 2016:

·      Amended 2013-2017 Delivery Program.

·      Amended Long Term Financial Plan.

2.       Lodge an IPART expression of interest for a Special Rate Variation in December 2016 in relation to embedding the existing Special Rate Variation into the future noting that the submission of an expression of interest will not bind Council in applying for a Special Rate Variation.

3.       Note that a further report will be tabled at the February 2017 meeting of Council, detailing the submissions received from the public during the exhibition period that will provide Council with information that can be taken into account in considering whether to formally apply for a Special Rate Variation to maintain the current funding levels.

 

 

 

 

 

AMENDMENT

 

MOVED:  Griffiths/

That Council:

1.       Place the following draft documents on public exhibition for a period of 28 days from 21 November to 18 December 2016:

·      Amended 2013-2017 Delivery Program.

·      Amended Long Term Financial Plan.

2.       Lodge an IPART expression of interest for a Special Rate Variation in December 2016 in relation to the existing Special Rate Variation for five years noting that the submission of an expression of interest will not bind Council in applying for a Special Rate Variation.

3.       Note that a further report will be tabled at the February 2017 meeting of Council, detailing the submissions received from the public during the exhibition period that will provide Council with information that can be taken into account in considering whether to formally apply for a Special Rate Variation to maintain the current funding levels.

 

LAPSED FOR WANT OF A SECONDER

 

THE MOTION WAS PUT

RESOLVED:  Turner/Alley

That Council:

1.       Place the following draft documents on public exhibition for a period of 28 days from 21 November to 18 December 2016:

·      Amended 2013-2017 Delivery Program.

·      Amended Long Term Financial Plan.

2.       Lodge an IPART expression of interest for a Special Rate Variation in December 2016 in relation to embedding the existing Special Rate Variation into the future noting that the submission of an expression of interest will not bind Council in applying for a Special Rate Variation.

3.       Note that a further report will be tabled at the February 2017 meeting of Council, detailing the submissions received from the public during the exhibition period that will provide Council with information that can be taken into account in considering whether to formally apply for a Special Rate Variation to maintain the current funding levels.

carried:      8/1

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

Against:       Griffiths

 

 

09.15  2016 Community Needs Survey

RESOLVED:  Turner/Dixon

 

That Council note the information included within the 2016 Community Needs Survey report.

carried:      9/0

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

Against:       Nil

 

 

10.01  Recommended Item from the Mayor's Sporting Fund Sub-Committee - October 2016 Meeting

RESOLVED:  Besseling/Turner

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 Benjamin Oakley be granted the amount of $250.00 to assist with expenses he would have incurred travelling and competing at the 2016 National Youth Football Championships held in Coffs Harbour from 3 October to 7 October 2016 inclusive.

2.       That Kyle De Domizio be granted $350.00 to assist with the expenses he would have incurred travelling to and competing at the NSW all Schools Track and Field Championships held in Sydney Olympic Stadium from 13 October to 15 October 2016 inclusive. 

carried:      9/0

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

Against:       Nil

 

 

11.01  Notice of Motion - Opportunities for Local Firms to do Business with Council

RESOLVED:  Turner/Hawkins

 

That Council:

1.       Request the General Manager provide a briefing to Councillors in early 2017 outlining options and strategies to increase the opportunities for local firms to do business with Council.

2.       Request the General Manager provide a report to the Ordinary Council Meeting on 15 March 2017 outlining options and strategies to increase the opportunities for local firms to do business with Council that complement the current Council adopted integrated strategy for local supply.

 

 

carried:      9/0

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

Against:       Nil

 

 

11.02  Port Macquarie Airport Terminal Building Upgrade Project

Councillor Cusato declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 7:03pm.

RESOLVED:  Intemann/Hawkins

 

That Council:

1.       Include the Port Macquarie Airport Terminal Building Upgrade project in the 2016-2017 Operational Plan, with a current year budget of $250,000 for the commencement of detailed design.

2.       Note the overall $7.5 million budget for the Port Macquarie Airport Terminal Building Upgrade project, with funding sources and future year budget allocations as detailed in the Financial and Economic Implications section of this report to be considered in draft future Operational Plans.

3.       Delegate authority to the General Manager to sign and enter into the $5 million Restart NSW (RNSW768) Funding Deed  and the $1.25 million Funding Agreement with the Australian Government for the Port Macquarie Airport Terminal Building Upgrade project.

carried:      8/0

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

Against:       Nil

 

Councillor Cusato returned to the meeting, the time being 7:04pm.

 

 

11.03  Port Macquarie Coach Terminal LED Billboard

RESOLVED:  Turner/Dixon

 

That Council request the General Manager undertake an expression of interest process for the installation and management of a new LED billboard on the Gordon Street Coach Terminal Building.  

carried:      9/0

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

Against:       Nil

 

 

12.01  Land Acquisition - Stingray Creek Bridge Environmental Offset

RESOLVED:  Intemann/Cusato

 

That Council:

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

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

(a)     Deed of Acquisition/Contract For Sale;

(b)     Land and Property Information Transfer Form.

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

carried:      9/0

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

Against:       Nil

 

 

12.02  DA2016 - 298 - Residential Flat Building Including Clause 4.6 Objection To Clause 4.3 (Height Of Buildings) Under The Port Macquarie-Hastings Local Environmental Plan 2011 And Strata Subdivision - Lot 3 DP 366050, No 68 Church Street, Port Macquarie

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 7:08pm.

RESOLVED:  Cusato/Hawkins

That the determination of DA 2016 - 298 for a residential flat building including clause 4.6 objection to clause 4.3(height of buildings) under the Port Macquarie-Hastings Local Environmental Plan 2011 and strata subdivision at Lot 3, DP 366050, No. 68 Church Street, Port Macquarie, be noted.

carried:      8/0

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

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 7:08pm.

 

 

12.03  Question From Previous Meeting - Wall Reserve, North Haven

RESOLVED:  Dixon/Alley

 

That Council note the information contained within the Wall Reserve Update report.

carried:      9/0

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

Against:       Nil

 

 

13.01  Notice of Motion - Options to Acquire Tuffins Lane Sporting Fields

MOTION

MOVED:  Griffiths/

 

That the General Manager provide a report to the December 2016 Council Meeting on the options to secure Tuffins Lane sporting fields - lease; purchase; partnership arrangement; offset agreement or other feasible method.

 

LAPSED FOR WANT OF A SECONDER

 

 

FORESHADOWED MOTION

 

MOVED:  Cusato/Turner

 

That the General Manager provide Councillors with a briefing, should any future offer to purchase or lease Tuffins Lane sporting fields be received.

 

THE MOTION WAS PUT

 

RESOLVED:  Cusato/Turner

 

That the General Manager provide Councillors with a briefing, should any future offer to purchase or lease Tuffins Lane sporting fields be received.

carried:      8/1

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

Against:       Griffiths

 

 

13.02  Question From Previous Meeting - Stingray Creek Bridge

RESOLVED:  Alley/Turner

 

That the progress update on the Stingray Creek Bridge replacement be noted.

carried:      9/0

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

Against:       Nil

 

 

13.03  Recommended Item from Local Traffic Committee - Port Macquarie School Zone Times

RESOLVED:  Intemann/Hawkins

 

That the existing afternoon school zone flashing light times should be altered by The Centre for Road Safety to reflect the new school operating times at:

1.       Westport campus in Findlay Avenue, 2.00pm to 4.00pm as agreed to by Centre for Road Safety.

2.       Port Macquarie campus in Burrawan Street, 2.00pm to 4.00pm noting that the Centre for Road Safety does not concur with the alterations to the times and that Council should liaise with the Centre for Road Safety, School representatives and the community in relation to the implementation of these school zone times.

carried:      9/0

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

Against:       Nil

 

 

13.04  Recommended Item from Local Traffic Committee - Countdown to Christmas 2016

RESOLVED:  Turner/Dixon

 

That Council approve the temporary road closure of Horton Street, Port Macquarie (between Town Green and Hayward Street) to conduct the annual Countdown to Christmas event on Thursday, 24 November 2016 from 5:30pm to 9:00pm, subject to the following conditions:

1.       That the Countdown to Christmas event be categorised as a Class 2 special event.

2.       That the event organiser advertise, at their cost, the following details of all temporary road closures and temporary parking restrictions associated with this event in the local print media on separate days, at least twice (2) within 14 days prior to the event:

·                temporary road closure dates

·                times and duration of the temporary road closures

·                alternative routes and access arrangements.

3.       That the event organiser, at their cost, advertise the event by undertaking a letter box drop to all residents and businesses directly affected by the temporary road closures and temporary parking restrictions at least 14 days prior to the event, advising the following:

·         event name

·         event times

·         contact details of at least two (2) people involved in the organisation of the Event, in case of an emergency

·         proposed actions to be undertaken to mitigate the impact of the temporary road closures.

4.       That the Traffic Guidance Scheme dated 17 June 2016 be implemented. Any modifications to the plans must be agreed with Council’s Transport Section prior to the running of the event.

5.       That the event organisers obtain, and abide by, written approval from NSW Police.

6.       That the event organiser notify the NSW Ambulance, NSW Fire & Rescue and the State Emergency Service of the proposed road closures at least 14 days in advance of the event.

7.       That the event organiser abides by any other condition that Council and the Police may impose at any time.

8.       That the event organiser notifies local Transport Services (Bus Companies, Taxis) of the proposed road closures at least 14 days in advance of the event and assists in developing alternatives for affected users.

9.       That RMS accredited persons are to be used to implement the Traffic Guidance Scheme (formerly known as the Yellow Card).

10.     That RMS accredited traffic controllers are to be used to control traffic (formerly known as the Blue Card).

11.     That the event organiser submit to Council not less than fourteen (14) days prior to the commencement of the event evidence of Public Liability Insurance for the amount of $20 million which is valid for the duration of the event including the running and pull down of the event and .

12.     The event organiser must have this approval, the Traffic Guidance Scheme described above and NSW Police approval on site at all times for the duration of the event.

carried:      9/0

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

Against:       Nil

 

 

Item - 13.05 Planning Proposal for Council Land - Greenmeadows Drive, Port Macquarie - has been moved to another part of the document.

 

 

13.06  Development Activity and Assessment System Performance

RESOLVED:  Intemann/Cusato

 

That Council note the Development Activity and Assessment System Performance report for the first quarter of 2016-2017.

carried:      9/0

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

Against:       Nil

 

 

Item - 13.07 Planning Proposal - Rezoning and Reclassification of Land at Wauchope for Regional Sports Facility - has been moved to another part of the document.

 

 

13.08  Town and Village Signage

RESOLVED:  Turner/Alley

 

That Council:

1.       Note the Town and village signage concept designs.

2.       Note that a further report will be tabled at the March 2017 meeting of Council, detailing the structural designs, cost estimates and community engagement for the signage development and implementation.

carried:      9/0

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

Against:       Nil

 

 

13.09  Question From Previous Meeting - Camden Haven Surf Club Licence

RESOLVED:  Dixon/Cusato

 

That Council note the information contained within the Camden Haven Surf Club Licence Report.

carried:      9/0

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

Against:       Nil

 

 

14       QUESTIONS FOR NEXT MEETING

 

 

14.01     Short-Term Holiday Letting

Question from Councillor Cusato:

 

How is Council currently managing problems associated with short-term holiday letting in residential areas and what are the potential implications of the recommendations from the NSW Inquiry into Short Term Holiday Letting?

 

Comments by Councillor (if provided):

 

Nil.

 

 

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Dixon/Cusato

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-16-38 Road Stabilisation 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 15.02 T-16-52 Synthetic Turf System for Second Hockey Field at Wayne Richards Park

                   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 EOI-16-05 Community Members of the Broadwater Canal Maintenance Plan Reference Group

                   This item is considered confidential under Section 10A(2)(a) of the Local Government Act 1993, as it contains personnel matters concerning particular individuals (other than Councillors).

 

 

 

Item 15.04 EOI-16-10 Lease of North Town Beach Kiosk

                   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 T-16-58 Microsoft Enterprise Agreement

                   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.

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

carried:      9/0

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

Against:       Nil

 

 

Adjourn meeting

The Ordinary Council Meeting adjourned at 7:25pm.

 

 

Resume meeting

The Ordinary Council Meeting resumed at 7:29pm.

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Griffiths/Cusato

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

Item 15.01 T-16-38 Road Stabilisation 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 quotations, through Local Government Procurement contract, Bitumen, Emulsions and Asphalt Materials and Services (LGP213) , from the following suppliers to be appointed to a panel of suppliers for the Provision of Road Stabilisation Services for the period 16 November 2016 to 28 February 2018. Council’s participation in any available options after this date will be at Council’s sole discretion:

a.       Downer EDI Works Pty Ltd

b.       Stabilised Pavements of Australia Pty Ltd

2.      Accept the Schedule of Rates from Downer EDI Works Pty Ltd and Stabilised Pavements of Australia Pty Ltd.

3.      Maintain the confidentiality of the documents and considerations in respect of Tender T-16-38.

 

Item 15.02 T-16-52 Synthetic Turf System for Second Hockey Field at Wayne Richards Park

                   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 Polytan Asia Pacific Pty Ltd for $376,885 (exclusive of GST) for supply and installation of the Synthetic Turf System for the Second Hockey Field at Wayne Richards Park.

2.      Accept the Schedule of Rates from Polytan Asia Pacific Pty Ltd for the supply and installation of the Synthetic Turf System for the Second Hockey Field at Wayne Richards Park.

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

4.      Maintain the confidentiality of the documents and considerations in respect of Tender T-16-52

 

Item 15.03 EOI-16-05 Community Members of the Broadwater Canal Maintenance Plan Reference Group

                   This item is considered confidential under Section 10A(2)(a) of the Local Government Act 1993, as it contains personnel matters concerning particular individuals (other than Councillors).

                   RECOMMENDATION

That Council:

1.      Appoint four (4) new members to the Broadwater Canal Maintenance Plan Reference Group:

(a)     Mr Peter Bastable

(b)     Mr Larry Crowley

(c)     Mr John McGuigan

(d)     Mr Raymond Linney.

2.      Commence the appointments by inviting the new members to the next Broadwater Canal Maintenance Plan Reference Group meeting on 23 March 2017.

3.      Maintain the confidentiality of the documents and considerations in respect of Expression of Interest EOI-16-05.

 

Item 15.04 EOI-16-10 Lease of North Town Beach Kiosk

                   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 Expression of Interest submission received from B & R Howard for the Lease of North Town Beach Kiosk.

2.      On behalf of the Reserve Trust, finalise the terms of the Lease of the new North Town Beach Kiosk, for an initial term of two (2) years with an option for a further three (3) years, with the Lease commencing from the date of issue of the Occupation Certificate for the new building.

3.      Maintain the confidentiality of the documents and considerations in respect of Expression of Interest EOI-16-10.

 

Item 15.05 T-16-58 Microsoft Enterprise Agreement

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

                   RECOMMENDATION

That Council:

1.      Accept the quotation, through Local Government Procurement, from Data#3 Limited, for the purchase of Microsoft Enterprise Agreement for $723,591 (excl GST).

2.      Maintain the confidentiality of the documents and considerations in respect of Tender T-16-58.

 

carried:      9/0

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

Against:       Nil

 

 

 

The meeting closed at 7:29pm.

 

 

 

 

………………………………………..

Peter Besseling

Mayor

 

   


AGENDA                                                                                Ordinary Council      14/12/2016

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

 

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

 

Name:  …………………………………………………….

 

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

 

 

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


 

Further Explanation

(Local Government Act and Code of Conduct)

 

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

 

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

 

Pecuniary Interest

 

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

 

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

 

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

 

Non-Pecuniary

 

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

 

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

 

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

 

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

 

Non Pecuniary – Significant Interest

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

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

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

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

 

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

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

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

 

Non Pecuniary – Less than Significant Interest

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

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

 

 

By

[insert full name of councillor]

 

 

In the matter of

[insert name of environmental planning instrument]

 

 

Which is to be considered at a meeting of the

[insert name of meeting]

 

 

Held on

[insert date of meeting]

 

 

PECUNIARY INTEREST

 

 

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

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

 

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

 

Associated person of councillor has interest in the land.

 

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

 

MATTER GIVING RISE TO PECUNIARY INTEREST

 

 

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land iii

[Tick or cross one box]

 

The identified land.

 

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

Current zone/planning control

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

 

Proposed change of zone/planning control

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

 

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 

Appreciable financial gain.

 

Appreciable financial loss.

 

 

 

Councillor’s Name:  …………………………………………

 

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


 

 

Important Information

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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


AGENDA                                                                                Ordinary Council      14/12/2016

 

 

Item:          06.01

 

Subject:     MAYORAL Minute - Mayoral Discretionary Fund Allocations

Mayor, Peter Besseling

 

 

 

 

 

RECOMMENDATION

 

That the Mayoral Discretionary Fund allocations for the period 3 November to 30 November 2016 inclusive be noted.

 

Discussion

 

Mayoral Discretionary Fund Allocations

 

The total commitment from the Mayoral Discretionary Fund from 3 November to 30 November 2016 inclusive was $2,495.00.

 

This included the following:

 

Wreath for Remembrance Day

$65.00

Donation to Sweet Charity fundraiser

$200.00

Donation to PMQ Parkrun

$115.00

Donation to Wauchope Parkrun

$115.00

Donation to Cancer Council NSW

$1,000.00

2017 Gold Sponsorship of Hastings Education Fund

$1,000.00

 

$2,495.00

 

 

Attachments

 

Nil

  

 


AGENDA                                                                                Ordinary Council      14/12/2016

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 Number 11.05 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:                                 11.05

Subject:                                 Tastings on Hastings

Attachment Description:     Tastings on Hastings 2016 - 3 Year Comparison

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      14/12/2016

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

                                                                                                                      14/12/2016

 

 

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

                                                                                                                      14/12/2016

 

 

Item:          09.01

 

Subject:     Status of Reports From Council Resolutions

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 Reports from Council Resolutions report.

 

Discussion

 

Report

Status

Reporting Officer

Original Anticipated Date for Report

Current Anticipated Date for Report

QFPM - Short-term Holiday Letting

(Item 14.01 - OC 16/11/16)

 

DDES

 

Dec 2016

Acquisition of Land - 33 Commerce Street, Wauchope.

(Item 15.07 - OC 20/07/16)

 

DCOS

 

Dec 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 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

Dec 2016

Sporting Fields - options for optimising utilisation of sporting fields in Port Macquarie for local sporting groups

(Item 13.07 - OC 19/10/16)

 

DCEG

 

Dec 2016

Steering Group Charters

(Item 09.03 - OC 16/11/16)

 

GM

 

Dec 2016

Town Centre Master Plan Sub-Committee Charter Review

(Item 09.04 - OC 16/11/16)

 

DIAM

 

Dec 2016

Airport Advisory Group Charter Review

(Item 09.04 - OC 16/11/16)

 

DCOS

 

Dec 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

Performance Measurement Framework

(Item 09.07 - OC 05/10/16)

 

DCOS

 

Feb 2017

Stormwater Network

(Item 13.01 - OC 19/10/16)

 

DIAM

 

Feb 2017

Sancrox Employment Land Environmental Lands and Services Planning Agreement - post public exhibition.

(Item 12.04 - OC 10/08/16)

 

DDES

 

Feb 2017

Making a Decision About Future Rates - Post Exhibition

(Item 09.14 - OC 16/11/16)

 

DCOS

 

Feb 2017

Project Management Policy - post exhibition

(Item 09.05 - OC 16/11/16)

 

DCOS

 

Feb 2017

Review and future options for:

a) Heritage, Arts and Cultural Priorities Advisory Group

b) Aboriginal Advisory Committee

c) Implementation and monitoring of the Glasshouse Strategic Plan, particularly in relation to the objectives of the Cultural Plan.

d) PMHC Youth Advisory Committee

e) Mid North Coast Co-operative Library Committee

(Item 09.04 - OC 16/11/16)

 

GM

 

Feb 2017

Review for streamlined approach:

a) Australia Day Sub-Committee

b) Mayor’s Sporting Fund

c) Port Macquarie-Handa Sister City Sub-Committee

(Item 09.04 - OC 16/11/16)

 

DCEG

 

Feb 2017

Alternate Chairs for Sub-Committees

(Item 09.04 - OC 16/11/16)

 

GM

 

Feb 2017

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

(Item 13.07 - OC 18/02/15)

Delayed to align with UGMS report.

DDES

Dec 2016

Mar 2017

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

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)

In negotiations with proponent regarding zone and off-set outcomes

DDES

Oct 2016

Mar 2017

Town and Village Signage

(Item 13.08 - OC 16/11/16)

 

DCEG

 

Mar 2017

Opportunities for Local Firms to do Business with Council

(Item 11.01 - OC 16/11/16)

 

DCOS

 

Mar 2017

Audit, Risk and Improvement Committee Charter Review

(Item 09.04 - OC 16/11/16)

 

DCOS

 

Mar 2017

Cultural Plan 2016-2019 - Progress Report.

(Item 10.03 - OC 10/08/16)

 

DCEG

 

April 2017

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

(Item 12.01 - OC 10/08/16)

 

DDES

 

TBA

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

(Item 12.01 - OC 16/11/16)

 

DCOS

 

TBA

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)

Pending government response to the inquiry.

DDES

 

TBA

 

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)

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

                                                                                                                      14/12/2016

 

 

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 Councillors Peter Alley and Lee Dixon be noted.

 

Executive Summary

This report informs Council of the lodgement of a return disclosing the interests of two newly elected Councillors which are required under section 445 of the Local Government Act 1993.

Discussion

 

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

 

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 Returns for Councillors Alley and Dixon will be tabled at this meeting.

 

The due date for the returns is 9 December 2016, at the time of writing this report Councillor Alley’s return has been received.

Options

There are no other options.  Lodgement of a Return by a Councillor is a requirement under section 445 of the Local Government Act.

Community Engagement & Internal Consultation

 

Internal Consultation

·    General Manager.

·    Group Manager Governance & Executive Services.

Planning & Policy Implications

There are no planning or policy implications.

Financial & Economic Implications

There are no financial or economic implications.

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          09.03

 

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

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

a)      Shannon McCaughey, Compliance Building Surveyor.

b)      Adam Bird, Ranger.

 

Executive Summary

 

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

 

Discussion

 

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

 

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

 

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

 

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

 

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

 

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

 

Options

 

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

 

Community Engagement & Internal Consultation

 

Community Engagement

 

Nil.

 

Internal Consultation

 

·    Director Development and Environment.

·    Group Manager Governance & Executive Services.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          09.04

 

Subject:     Code of Conduct Complaint Statistics

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 Code of Conduct Complaint Statistics for the period 1 September 2015 to 31 August 2016.

 

Executive Summary

 

Council’s Code of Conduct stipulates that Council’s Complaints Coordinator is to report certain statistics pertaining to Code of Conduct complaints to Council each year.

 

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

 

The statistics pertain to the period 1 September 2015 to 31 August 2016. There were no complaints received for the period.

 

As requested in the Office of Local Government Circular No 16-41, these statistics have been provided to the Office of Local Government.

 

Discussion

 

Clause 12.1 of Council’s Code of Conduct stipulates that Council’s Complaints Coordinator is to report certain statistics pertaining to Code of Conduct complaints to Council within three (3) months of the end of September each year.

 

Following, clause 12.2 of Council’s Code of Conduct stipulates that Council is to provide the Office of Local Government a report containing the statistics detailed in clause 12.1 within three (3) months of the end of September each year.

 

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

 

 

 

 

 

 

 

 

 

 

Code of Conduct Statistics

 

1

a)

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

0

b)

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

0

2

a)

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

0

b)

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

0

c)

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

0

d)

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

0

e)

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

0

f)

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

0

g)

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

0

h)

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

0

i)

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

0

j)

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

0

k)

Number of complaints being investigated that are not yet finalised

0

l)

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

$0

3

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

 

a)

To take no action

0

b)

To resolve the complaint by alternative and appropriate strategies

0

c)

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

0

d)

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

0

e)

To investigate the matter

0

f)

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

0

4

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

 

a)

That the Council revise its Policies or procedures

0

b)

That a person or persons undertake training or other education

0

5

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

 

a)

That the Council revise any of its Policies or procedures

0

b)

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

0

c)

That the subject person be counselled for their conduct

0

d)

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

0

e)

That findings of inappropriate conduct be made public

0

f)

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

0

g)

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

0

h)

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

0

6

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

0

7

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

 

a)

General conduct (Part 3)

0

b)

Conflict of interest (Part 4)

0

c)

Personal benefit (Part 5)

0

d)

Relationship between council officials (Part 6)

0

e)

Access to information and resources (Part 7)

0

8

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

0

9

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

0

 

The statistics pertain to the period 1 September 2015 to 31 August 2016.

 

As requested in the Office of Local Government Circular No 16-41, these statistics have been provided to the Office of Local Government.

 

Options

 

Nil. This report satisfies the request as noted in the Office of Local Government Circular No 16-41.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

Nil.

 

Internal Consultation

 

·    General Manager;

·    Director, Corporate and Organisational Services; and

·    Complaints Coordinator (Group Manager Governance and Executive Services).

 

Planning & Policy Implications

 

This report satisfies the request as noted in the Office of Local Government Circular No 16-41 and supports Council’s Code of Conduct.

 

Financial & Economic Implications

 

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          09.05

 

Subject:     Council Steering Group Amendments

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council adopt the amended  charters for the following Steering Groups:

1.       Stingray Creek Bridge Replacement Project Steering Group.

2.       Ocean Drive Duplication Steering Group.

3.       Port Macquarie Indoor Stadium Expansion Steering Group.

4.       Village Sewerage Scheme Steering Group.

 

Executive Summary

 

The charters have been reviewed and attached, with improvements that have included:

·    Ensuring that each Charter is consistent with one another;

·    Amending some of the provisions of the Groups for improved governance;

·    Including some new clauses in the Charters around interaction with the media and direction of staff.

 

Discussion

 

At the 16 November 2016 Ordinary Council meeting, Council resolved:

09.03  Council Steering Group Appointments

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Appoint Councillor J Levido, as Chair of the Major Projects Portfolio, as the Councillor representative on the following Steering Groups:

-    Stingray Creek Bridge Replacement Project Steering Group;

-    Ocean Drive Duplication Steering Group;

-    Port Macquarie Indoor Stadium Expansion Steering Group;

-    Village Sewerage Scheme Steering Group.

2.       Request the General Manager table a report at the 14 December 2016 Council meeting detailing suggested amendments to the Steering Group Charters to provide greater consistency across of operation across each of the Steering Groups.

carried:      9/0

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

Against:       Nil

This report will focus on the second point of the resolution.

As noted in the 16 November report the review would achieve the following:

 

·    Ensure that each Steering Group Charter is consistent with one another;

·    Amend some of the provisions of the Steering Groups for improved governance;

·    Include some new clauses in the Charters around interaction with the media and direction of staff.

 

Consistency

 

As per the Council meeting 20 April 2016, a charter template was adopted. The purpose of the charter template was to provide consistency of information provided adopted charter.

 

The attached charters use the adopted template and are consistent with the adopted style.

 

Improved Governance

 

The Act delineates the role of Councillors (Section 232) and staff (Section 335). Supporting this, part 6 of the Code of Conduct provides specific information in relation to the relationship between Council officials.

 

To support compliance with these requirements, a point has been added to the charters that provides information in regards to recommendations being made to the Director, who will then determine who actions will be implemented.

 

Interaction with the media and direction of staff

 

To mitigate the risk of group members inadvertently not complying with the Act and the Council Code of Conduct, specific points been added to the attached charters. Within the obligations of members section, in summary:

·    Interaction with the media- The Act section 226 (c) states that the Mayor is the principal member and spokesperson. The newly introduced point mitigates the risk of inadvertently not complying with the Act.

·    Direction of staff - The Act delineates the role of Councillors, as highlighted in the section above. Newly introduced points mitigate the risk of Councillors and staff inadvertently not complying with the Act and the Code of Conduct in relation to directing staff.

 

The attached charters have been amended to include the sections highlighted above.

 

Options

 

Council has the option of adopting the charters as recommended in this report or not adopting the charters. 

 

Community Engagement & Internal Consultation

 

There has been no external engagement in relation to this report.

 

The following people have been engaged internally:

 

-      General Manager;

-      Director Corporate and Organisational Services;

-      Director Development and Environment;

-      Director Infrastructure and Asset Management;

-      Group Manager Governance and Executive Services.

 

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. Stingray Creek Bridge Replacement Steering Group Charter

2View. Ocean Drive Duplication Steering Group Charter

3View. Port Macquarie Indoor Stadium Expansion Steering Group Charter

4View. Village Sewerage Scheme Steering Group Charter

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          09.06

 

Subject:     Notice of Motion - ICT Strategy Implementation Status

 

 

 

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

 

 

 

RECOMMENDATION

 

That the General Manager provide a report to the March 2017 Council Meeting on the status of the implementation of the ICT Strategy.

 

Comments by Councillor (if provided)

Under the years Council functioned under an Administrator the ICT area of operations was severely cut back and, as a consequence, Council has long laboured under old systems, outdated infrastructure and software programs that did not efficiently and effectively interact with each other, much less seamlessly integrate. Furthermore, Council's ICT systems and architecture "hangover" has severely hampered the much needed move towards greater cloud based, mobile computing applications.

During 2015 - 2016 Council has progressed with this issue including an ongoing program of significant investment - both in terms of staff, dollars and organisational prioritisation. 

The primary reason underlying the above is that ICT is - rightly - seen as one of the most critical enablers of Council's drive to achieving greater efficiency and return for the ratepayers buck.

In this context, I am seeking from the report:

1.       A general overview of the critical issues identified.

2.       Details of the steps taken to date to address those issues.

3.       A summary of the current issues being addressed (and/or scheduled to be addressed) in the current financial year and in 2017/18.

4.       A high level, strategic summary of the key anticipated issues likely to be addressed over the remaining term of the current Council.

5.       Lastly, a summary of the anticipated key efficiencies and overall benefits that are expected to flow from these initiatives.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          09.07

 

Subject:     Monthly Financial Review for November 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 Report for November 2016.

Executive Summary

 

This report will detail the monthly budget adjustments to 30 November 2016.

 

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

Adjustments made up to 31 October 2016 have increased the shortfall position to a shortfall of $894,044. The budget adjustments for November 2016 contained within this report will reduce this shortfall position to a shortfall of $388,283.

 

Discussion

 

Monthly Budget Adjustments for November 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)

August Review

Balanced

 0

September Review

Surplus

$7,725

October Review

Surplus

$94,718

November Review

Surplus

$505,761

 

Forecast budget position for 30 June 2017

 

Shortfall

 

($388,283)

November 2016 Adjustments

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

 

Item

Surplus/

Shortfall

Amount

Comment

Residential General Rates - Defined Urban Centres

Surplus

     $508,299

This adjustment is in line with actual income received.  The increase is due to higher than anticipated growth in assessments.

Contribution to the NSW Fire Brigades

Shortfall

 

       ($2,538)

Council has received notification of its 2016/17 contribution towards the local fire brigades and it is slightly more than anticipated

Total

Surplus

     $505,761

 

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/Revenue

$188,748

Council Reports

2

Reserve

$711,230

Reserve Funding

3

Reserve

($759,997)

Contribution from Waste Fund

4

Contribution

$25,000

Total

 

 

$164,981

The following are included in the November 2016 adjustments:

1.    A number of grant funded projects have required adjustments this month with a net increase in expenditure on those projects of $188,748.

-     $70,000 for the 2017 annual program funding for the gallery.  The grant is provided to offer support for arts and cultural activities in NSW.

-     Council has received notification of its rural fire service maintenance & repair allocation for 2016/17.  The allocation is $53,452 greater than anticipated.

-     $50,000 has been allocated for the detailed design of Illaroo Road Stormwater Redirections project.  This budget is made up of $25,000 grant and $25,000 of Council funding.

-     $16,700 has been allocated for the Hastings Youth Builders festival.  The total project budget of $16,700 includes $5,000 transferred from an operating allocation within Community place.  The festival will be a two/three day youth led festival that aims to bring the young people of the Hastings together with the wider community.

-     $3,000 allocation for CDAT Drug Action Week.  This funding is used for Drug Action week activities.

-     Council has received its Library Local Priority Grant notification for 2016/17 and it is less than anticipated by $4,404.  This is a yearly grant that is used for library projects in the following categories: technology, collection, building, research and/or promotion.

-              

2.    Three adjustments totalling $711,230 have been made due to resolutions of Council.

-     Broadwater canal maintenance. This adjustment of $221,230 is in line with item 13.02 to the 10 August 2016 ordinary council meeting.  The additional funding has been taken from the Broadwater reserve.

-     Airport Terminal Upgrade.  This adjustment of $250,000 is in line with item 11.02 to the 16 November 2016 ordinary council meeting.  The funding has been taken from the Airport reserve.

-     Town Beach Park Amenities and Kiosk.  This adjustment of $240,000 is in line with item 15.06 to the confidential ordinary council meeting on 15 June 2016.  $100,000 of this funding is from the Crown Lands Reserve and $140,000 is from the Major Buildings Reserve.

-                

3.    In addition to the reserve funding mentioned at item 2, other reserve funding has been reduced by $759,997.

-                

-     OORF Leachate Dam Expansion.  $230,000 has been allocated to allow the construction of a new leachate dam and expansion of the existing leachate dam to meet new EPA requirements.  The upgrade follows un-planned over topping and discharge of the existing system.

-     Pacific Highway to John Oxley Drive Watermain construction.  This project is a DSP project and was to be constructed by Council at a later date.  A contractor was doing work in the vicinity and it was decided for expediency and cost savings that Council would engage the contractor to complete this work in conjunction with his own project.  The value of the work is $330,000.

-     Thrumster Reclaimed Water Storage .5ML Oxley Highway.  The $900,000 budget on this project has been removed due to changes in the Area 13 reclaimed water servicing strategy.  Oxley Highway reservoir is not required in the new strategy.

-     Thrumster Reclaimed Water Trunkmains.  The budget of $219,996 has been removed as there are no deliverables for this project.  The infrastructure is being provided by developers through contribution offsets.

-     Thrumster Reclaimed Water Pump Station Oxley Highway.  The budget of $200,001 has been deleted due to changes in the Area 13 reclaimed water servicing strategy.  The project is to be redefined as a reservoir supply pump station and included in the works program at a later date.

-              

4.    The waste fund has made a contribution of $20,000 towards repairs to the Garbage truck access at Town Beach North.  An additional $5,000 has been allocated from Building rectification works in line with AMP’s.

 

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 budget movements within this report reduce the budget shortfall to $388,283.

Responsible Accounting Officer Statement

The approved budget shortfall for 2016-2017 after the November 2016 Council meeting was a shortfall of $894,044.  The adjustments in this report have reduced this position to a shortfall of $388,283.  The shortfall position is considered an unsatisfactory 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. November 2016 Budget Review

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          09.08

 

Subject:     Rescission of "Backdating of Pensioner Concession Rebates" Policy

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

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 place on public exhibition from 27 January 2017 to 24 February 2017 the Backdating of Pensioner Concession Rebates Policy with the intention to rescind.

 

Executive Summary

 

In July 2015, following a public consultation process, Council approved changes to the “Pensioner Concession Rebates Policy”.

 

Due to an administrative oversight, the old policy titled “Backdating of Pensioner Concession Rebates Policy” was not formally rescinded at the time.  This paper now requests the Council to exhibit the old policy with the intention to then rescind it.

 

This will not alter the current policy nor change the way that Council manages the Pensioner Concession Rebates Policy in any way.

 

Discussion

 

At the Ordinary Council meeting on 20 May 2015 (this report is provided as Attachment 1) Council resolved to place on public exhibition the draft Pensioner Concession Rebates Policy for a period of 28 days.  The following changes were proposed to the policy:-

 

-        Reduction of the rebate period available to eligible pensioners from:

-the current year plus the preceding six (6) years; to

-the current year plus the preceding one (1) year

-        Addition of “and residing on the property” in Section (e) within Applications;

-        Update of role titles; and

-        Addition of Reference Materials.

 

Following an exhibition period from 29 May 2015 to 25 June 2015, no submissions were received with regard to the changes.

 

At the Ordinary Council meeting on 15 July 2015 Council then resolved to adopt the Pensioner Concession Rebates Policy with the proposed changes. The Policy is provided as Attachment 2.

 

During a recent review of the Council-wide policies, it was discovered that the old policy relating to pensioner concession rebates had never been formally rescinded, despite being replaced by the 2015 revised policy. This Policy is provided as Attachment 3.

 

It is now proposed to place the old “Backdating of Pensioner Concession Rebates Policy” on public exhibition for a period of twenty-eight days (28) days from 23 December 2016 to 20 January 2017, with the intention to rescind this policy.

 

Following this public exhibition period, it will be recommended to Council to formally rescind the superseded policy.

 

This will not alter the current policy or change the way Council manages pensioner concession rebates in any way.

 

Options

 

Council has an option not to publically exhibit the Backdating of Pensioner Concession Rebates Policy, with the intention to rescind.

 

Community Engagement & Internal Consultation

 

There has been no community engagement regarding the decision to rescind given rescission will serve to address an administrative oversight.

 

It is proposed that the policy be placed on public exhibition for a period of 28 days whereby the public will have the opportunity to make a public submission to Council.

 

 

Planning & Policy Implications

There are no planning and policy implications in relation to this report.  Rescission of this superseded policy will address an administrative oversight which dates back to the 2015 review of the policy addressing the process Council uses to handle any pensioner concession rebates.

 

Financial & Economic Implications

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

 

Attachments

 

1View. Pensioner Concessions Rebate Policy Council Report 20 May 2015

2View. Pensioner Concession Rebates Policy

3View. Backdating of Pensioner Concession Rebates Policy 2009

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          09.09

 

Subject:     Investments - November 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 note the Investment Report for the month of November 2016.

 

 

Executive Summary

 

·    Total funds invested as at 28 November 2016 equals $226,743,881.

·    Year-to-date investment income of $3,057,346 is 70.15% 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

 

Overview

 

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

 

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

 

-     Water and Sewer services;

-     Waste services;

-     Port Macquarie Regional Airport;

-     Cemeteries;

-     Roads and Bridges;

-     Various Recreation and Cultural facilities.

 

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

 

Council holds cash reserves as an alternative to (or to supplement) borrowing. As at June 2016, Council held $214 million in cash and reserves. Predominantly, these reserves are all allocated for specific purposes, with 70% of these reserves legally only being able to be used for the purpose for which they were collected (for example for water and sewer). The remaining reserves are also predominantly held for specific purposes (for example, for the development of the Airport, or to fund projects which have already commenced). The balances of these reserves are audited annually and published in Council’s financial statements.

 

The level of reserves held by Port Macquarie-Hastings Council is not disproportionate to other similar Councils, noting that different Council’s provide different services. Not all Councils provide Water and Sewer services for example which require significant capital investment.

 

The balances of these reserves are invested until such time as they are required. This report details how Council invests these reserves to ensure the appropriate balance between risk and financial return (through interest).

 

Current Investments

 

Council is required to undertake investments in accordance with section 625 of the Local Government Act 1993.  This report provides details of Council’s investments, and certifies that all funds that Council has invested as at 28 November 2016, comply with this Act.

 

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

 

As at 28 November 2016, the investments held by Council totalled $226,743,881.

and were attributed to the following funds:

 

 

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

 

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

 


 

Investments by Fund - as at 28 November 2016

 

 

 

Portfolio Performance

 

·    Council’s total investment portfolio performance as at 28 November 2016 was 1.57% above the benchmark (3.21% against 1.64%).  Benchmark being the Bank Bill reference rate as at 23 November 2016 in the Australian Financial Review published 25 November 2016.

·    The total year-to-date investment income of $3,057,346 is 70.15% 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 made up of cash and term deposits. The total term deposits represent 93.45% of the total investment portfolio.  As at 28 November 2016, the total investment portfolio was $226,743,881 which is up from $224,830,203 as at the end of October 2016. This consists of term deposits of $211,900,000 and cash $14,843,881.

 

 

 

Term Deposits - Current month $211,900,000 - Prior month $200,900,000

 

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 28 November 2016 is as follows:

 

Table 1 - Term to Maturity

 

This table shows the amounts invested by various maturity profiles. These are in accordance with limits established by Council’s Policy:

 

 

 

Table 2 - Overall Portfolio Credit Framework

 

The institutions that Council invests with have credit ratings.  Council policy specifies limits that can be invested within each rating band.   These limits are to help avoid over exposure in any rating category. The table below groups the amounts held with various institutions based on their respective credit ratings, and compares the total to the maximum limit set for each credit rating category.  Investments are within policy.

 

These tables show the total amount held for Council’s term deposits as at 28 November 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.

 

Cash - Westpac Business Cash Reserve Account

Current month $14,843,881 - Prior month $23,930,203

 

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 full month of November, $9 million in funds will mature with a further $18 million in funds reinvested into term deposits throughout the month. 

 

It should be noted that funds currently within the Westpac Business Cash Reserve Account are attracting an interest rate of 2.2% being the current cash rate plus 0.7% (based on the cash rate drop on 3 August 2016), which performs better  than the benchmark (1.64%  23 November).

 

The largest sector of the portfolio is the term deposit allocation of $211,900,000 (last month $200,900,000) or 93.45% of the total.

 

Investment Portfolio by Maturity Date - as at 28 November 2016

 

 

 

 

 

*The investments highlighted in yellow in the table above are new investments for November 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 28 November 2016 is 1.57% above the benchmark (3.21% against 1.64%) and year to-date income is 70.15% 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 $18,256.86 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

                                                                                                                      14/12/2016

 

 

Item:          09.10

 

Subject:     Amendment to 2016-2017 Fees and Charges

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:

1.       Publicly exhibit the following draft fees and charges (including GST) from 27 January 2017 to 24 February 2017:

a)      Environment: Issue of Clean Up, Prevention and Noise Control Notices - $520 (GST not applicable);

b)      Burial - Lawn Cemetery - Innes Gardens: Grave Digging Fee - $1,400;

c)      Burial - Lawn Cemetery - Innes Gardens: Grave Digging Fee - Double Depth Beams - 1st Interment - $1,850;

d)      Burial - Lawn Cemetery - Innes Gardens: Grave Digging Fee - Child up to 12 years - $925;

e)      Burial - All General Cemeteries: Port Macquarie General Digging Fee - $1,850;

f)       Burial - All General Cemeteries: Grave Digging Fee - $1,400;

g)      Burial - All General Cemeteries: Grave Digging Fee - Child up to 12 years - $925.

2.       Note that a further report will be tabled to Council at the March 2017 Ordinary Council meeting, detailing any submissions received from the public during the exhibition period.

 

Executive Summary

 

This report recommends the inclusion of various additional fees and charges that

have been identified since the development of the 2016-2017 Fees and

Charges and adoption by Council in June 2016.

 

Discussion

 

The following matters have highlighted the need for additional fees and charges:

 

“Looking after our People” - Compliance - Environment

 

Issue of Clean Up, Prevention and Noise Control Notices

 

This fee is a charge to cover the administrative costs of drawing up and serving a Clean Up, Prevention and Noise Control Notice, regulated by the Protection of the Environment  Operations Act (General) Regulation 2009. The prescribed rate under this Act has changed to $520 (GST not applicable).  Currently the Schedule of Fees and Charges displays this fee as $466. In order to comply with the Act it is recommended that the 2016-2017 Schedule of Fees and Charges is updated to reflect the current prescribed rate.

 

“Looking after our People” - Crematorium & Cemeteries

 

Grave Digging Services

 

These fees were omitted from the 2016-2017 Schedule of Fees and Charges as a result of ongoing discussions between Council and local Funeral Directors as to the most appropriate method for the delivery of these services.

 

Subsequent to the adoption and publication of the 2016-2017 Schedule of Fees and Charges, Council has continued to offer grave digging services as a service to local Funeral Directors for this current financial year. Future delivery of these services is still under review.

 

It is therefore recommended that the 2016-2017 Schedule of Fees and Charges is updated to include the following fees.  It is noted that Funeral Directors were advised of these fees on 1 July 2016:

 

Burial - Lawn Cemetery - Innes Gardens

 

·    Grave Digging Fee ($1,400);

·    Grave Digging Fee - Double Depth Beams - 1st Interment ($1,850);

·    Grave Digging Fee - Child up to 12 years ($925).

 

Burial - All General Cemeteries

 

·    Port Macquarie General Digging Fee ($1,850);

·    Grave Digging Fee ($1,400);

·    Grave Digging Fee - Child up to 12 years ($925).

 

Options

 

Council is required to place on exhibition and publish proposed Fees and Charges in accordance with the Local Government Act 1993.  The amendments outlined in this report are proposed for administrative purposes only to ensure that Council’s published Schedule of Fees and Charges reflect current Council fees as required under the Local Government Act 1993.

 

Community Engagement & Internal Consultation

 

It is proposed to engage the community through the public exhibition of the proposed

fees and charges for a minimum period of 28 days, in accordance with the Local Government Act 1993.

 

Due to the upcoming Christmas - New Year holiday period, the public exhibition period will be deferred to commence on 27 January 2017.

 

A further report will be tabled to Council at the March 2017 Ordinary Council meeting, detailing any submissions received from the public during the exhibition period.

 

Planning & Policy Implications

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

 

Financial & Economic Implications

The proposed Issue of Clean Up, Prevention and Noise Control Notices fee is a regulated charge set under the Protection of the Environment  Operations Act (General) Regulation 2009.

 

The grave digging fees are a fee for service and no additional financial implications are anticipated.

 

Attachments

 

Nil

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

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

                                                                                                                      14/12/2016

 

 

Item:          10.01

 

Subject:     Boundary Adjustment Between Part Council's Port Macquarie Water Supply Dam Land and 1 Orr Street

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

5.5.2  Develop and implement the annual maintenance and preventative works program for water Assets.

 

 

 

RECOMMENDATION

 

That Council:

1.       Transfer Lot 1 Deposited Plan 630525 and part Lot 55 Deposited Plan 233413 to the registered proprietors of Lot 2 Deposited Plan 630525 (1 Orr Street), RP & PL Bailey, in an amount to be assessed by Council’s Consultant Valuer.

2.       Develop a Caveat to be registered on the title of the transferred lands such that the transferred lands cannot be used for residential purposes.

3.       Affix the Common Seal to the linen plan of survey involving Lot 55 Deposited Plan 233413.

4.       Delegate to the General Manager Authority to sign:

a.       Contract for the Sale of Land;

b.      Caveat;

c.       Land and Property Information Transfer Form.

5.       Acknowledge that all costs incurred with the survey, transfer of the land and development/registration of the Caveat will be met by the registered proprietors of Lot 2 Deposited Plan 630525 (1 Orr Street).

 

Executive Summary

 

The owners of residential property at 1 Orr Street, Port Macquarie have been advised to prepare a bushfire management plan to assist in the protection of their property.

 

Situated adjacent to the land at 1 Orr Street is an area of Council land considered to be a high risk fire source.

 

The owners of 1 Orr Street have requested Council give consideration to the sale of the high risk fire source land to them so that it can be maintained by them.

 

Discussion

 

In anticipation of the forthcoming bushfire season, the owners of 1 Orr Street, Port Macquarie have written advising of their intent to prepare a bushfire management plan that would consider the protection of their residence given the location of the residence is adjacent to a high risk fire source.  That high risk fire source is a small area of the total land holdings that comprise the Port Macquarie Water Supply Dam lands.

 

Whilst the owners of 1 Orr Street acknowledge and appreciate there has been recent works undertaken to reduce the fuel load in the water supply lands, there is however a small area of Council owned land outside the existing perimeter fence that abuts the northern boundary of 1 Orr Street that has not been slashed nor the undergrowth (fire hazard) removed.  The steep slope of the small area of land renders it unsuitable for access by machinery.  The owners of 1 Orr Street have lodged a written request  to purchase this area of unmaintained operational water supply land.  The area comprises the whole of Lot 1 Deposited Plan 630525 (being 166.7m2) and part Lot 55 Deposited Plan 233413 (approximately 300m2) and is shown approximately as the land bounded by the red line on the attached plan.

 

If transferred, the responsibility for maintaining the land to a satisfactory bushfire mitigation standard would shift to the owners of 1 Orr Street. A suitable maintenance level would not require the removal of healthy trees but rather under-scrubbing and removal of ground fire source ‘litter’.

 

The area of land is not required for ongoing water supply operational purposes and its transfer out of Council ownership will have no operational impact on the remaining lands within the Port Macquarie Water Supply Dam.

 

Options

 

Council has the option to:

 

1.   Proceed with the transfer of the lands.

2.   Not proceed with the transfer of the lands.

 

Community Engagement & Internal Consultation

 

There has been consultation with the registered proprietors of 1 Orr Street, Port Macquarie.

 

Internal consultation has occurred with the Corporate and Organisation Services Division, the Infrastructure Services Division and the Development and Environment Division.

 

Planning & Policy Implications

 

The area of Council’s land is zoned Special Purposes Water Supply Infrastructure and has no public road access.

 

Notwithstanding the restrictions on development associated with this zoning and the absence of access to the public road network, should Council agree to the transfer of the land, then a caveat can be developed to be placed on the land titles to ensure that the transferred lands cannot be used for residential purposes.

 

Financial & Economic Implications

 

The owners of 1 Orr Street acknowledge that should Council agree to their request for the land transfer, they will meet all costs involved in the transfer.  These costs will include preparation of land survey, lodgement of survey plan at Land Titles Office, development and registration of Caveat, consultant fees in preparing and lodging a development application (including bushfire and environmental studies), plus value of the land as assessed by Council’s Consultant Valuer.

 

Attachments

 

1View. Aerial Photograph Depicting Land Requested to be Transferred

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          10.02

 

Subject:     Rescission of "Beach Areas Permitting Dogs in Local Government Area" Policy

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

2.1.3  Implement inspection, compliance and education practices that ensure acceptable levels of public and environmental health; meet building and fire safety standards.

 

 

 

RECOMMENDATION

 

That Council rescind the superseded “Beach Areas Permitting Dogs in the Local Government Area Policy”.

 

 

Executive Summary

 

In July 2011, following a review of existing policies, the Council approved the “Dogs in Public Open Spaces Policy” after a lengthy public consultation process.  This revised policy expanded beach exercise access for dog owners and foreshadowed the development of off-leash exercise areas for community members whose physical location made it difficult to access these dog exercise beaches.

 

Due to an administrative oversight, the old policy was not formally rescinded at the time. This paper requests the Council to now formally approve this rescission.

 

This will not alter the current policy nor change the way the Council manages dogs on beaches or public spaces in any way.

 

Discussion

 

In July 2011, following a review of existing policies, the Council approved the “Dogs in Public Open Spaces Policy” after a lengthy public consultation process.  This revised policy expanded beach exercise access for dog owners and foreshadowed the development of off-leash exercise areas for community members whose physical location made it difficult to access these dog exercise beaches.

 

During a recent review of Council-wide policies, it was discovered that the old policy relating to dogs on beaches and public open spaces had never been formally rescinded, despite being replaced by the 2011 revised policy.

 

At the Ordinary Council meeting on 20 July 2016, the Council approved the placing of the old “Beach Areas Permitting Dogs in the Local Government Area Policy” on public exhibition for a period of twenty-eight (28) days from 29 July to 26 August 2016, with the intention to rescind the policy.

 

The outcomes of the exhibition process are discussed below.

 

It is recommended that the Council now formally rescind the superseded policy. This will not alter the current policy nor change the way the Council manages dogs on beaches or public spaces in any way.

 

Options

 

1.   Approve the rescission of the “Beach Areas Permitting Dogs in Local Government Area Policy”, or

2.   Not approve the rescission of this policy, or

3.   Defer the agenda item to seek further information.

 

Community Engagement & Internal Consultation

 

The intention to formally rescind this policy went on public exhibition for twenty-eight (28) days between 29 July and 26 August 2016.

 

Six (6) written submissions were received (attached). The following table is a summary of the issues raised in the submissions:

 

Submissions

 

Issue

1.

Elizabeth Eggert

Lisa Mahon

Ruth Lawless

Walter van Hoorn

Kath and Paul Ward

Ernie Hillier

 

All respondents to the notice of rescission misunderstood the intention of the notice believing the Council intended to rescind the current “Dogs in Public Open Spaces Policy” and objected on this basis.

 

Response/

Comment:

 

This is an administrative process only, as the “Beach Areas Permitting Dogs in the Local Government Area Policy” policy was superseded by the “Dogs in Public Open Spaces Policy” in July 2011.

This recession will not impact or change the way Council manages dogs on beaches, or in public spaces.

All respondents were advised of the above by email.

No other submissions against or in favour of the rescission of the policy were received.

 

 

Planning & Policy Implications

 

There are no planning implications in relation to this report. Rescission of this superseded policy will address an administrative oversight which dates back to the 2011 review of the policy addressing the exercising of dogs on public beaches and open areas.

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Submissions - Rescission of Beach Areas Permitting Dogs in LGA

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          10.03

 

Subject:     DA2016 - 815.1 Dual Occupancy And Torrens Title Subdivision Into 2 Lots Including A Clause 4.6 Variation To Clause 4.4 (Floor Space Ratio) Of The Port Macquarie Hastings Local Environmental Plan 2011 At Proposed Lot 25 Summer Circuit (Seawide Estate), Lot 4 DP 615261, Ocean Drive, Lake Cathie

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

4.9.2  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

RECOMMENDATION

That the determination of DA2016 - 0815.1 for a dual occupancy and torrens title subdivision into 2 lots including a Clause 4.6 variation to Clause 4.4 (Floor Space Ratio) at Proposed Lot 25 Summer Circuit (Seawide Estate), Lot 4 DP 615261 Ocean Drive, Lake Cathie, be noted.

 

Executive Summary

 

This report is for Council’s information and relates to the approval of the subject Development Application under delegation. Granting consent involved use of Clause 4.6 of Port Macquarie-Hastings Local Environmental Plan 2011 (LEP) to vary Clause 4.4 (floor space ratio) by not more that 10% of the standard.

 

The proposed development exceeds the 0.65:1 FSR by 22.8sqm, which represents a variation of 7.0%. The variation was considered to be minor and not to result in any significant adverse planning impacts. The additional FSR does not result in an adverse impact on view sharing, overshadowing, privacy or bulk and scale. The additional floor area is 11.4sqm per dwelling (the average size of a bedroom). The proposed two storey building design responds to the site and the anticipated low density residential streetscape of the new land release.

 

The Department of Planning and Infrastructure circular PS 08-003 provides for the Director General’s assumed concurrence.

 

The Department’s circular PS08-014 further reminds councils of their assumed concurrence role in relation to SEPP 1 and Clause 4.6 LEP variations. The circular advises that where Clause 4.6 variations are approved under delegated authority that Council be advised of the decision made and it be appropriately recorded. This report is to ensure compliance with the subject circular.

 

1.       BACKGROUND

 

Existing sites features and surrounding development

The site has an area of 508m².

 

The site is zoned R1 Low Density Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


The existing subdivision pattern and location of existing development within the locality is shown in the following site plan:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    A two storey dual occupancy and torrens title subdivision of the lot into 2 lots comprising:

-  2 x 3 bedroom 2 storey dwellings

-  Single garage per dwelling

-  Separate driveway access and crossover to proposed new street (Summer Circuit).

·    The development also involves torrens title subdivision into 2 lots.

·    Clause 4.6 variation to Clause 4.4 (floor space ratio) in the Port Macquarie Hastings Local Environmental Plan 2011.

·    Application not notified as site is within new subdivision and adjoining land is owned by the same party.

 

Attachments

 

1View. DA2016 - 815.1 Consent Approval,

2View. DA2016 - 815.1 Stamped Approved Plans..

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          10.04

 

Subject:     Recommended Item from the Mayor's Sporting Fund Sub-Committee - November 2016 Meeting

Presented by:  Community and Economic Growth, Liesa Davies

 

 

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 Briana McGrady be granted $1200.00 to assist with the expenses she will incur travelling to and competing as part of the Australian team at the Junior World Waterski Championships to be held in Chile, South America from 8- 11 January 2017 inclusive. 

2.       That Matthew Catania be granted $500.00 to assist with the expenses he will incur travelling to and competing at the Australian All Schools Track and Field Championships to be held in Canberra from 1-4 December 2016 inclusive.

 

 

Executive Summary

 

The Mayor’s Sporting Fund Sub-Committee met on 24 November 2016, reached consensus on Item 8 and submits the above recommendation for Council’s consideration.

 

Attachments

 

1View. Extract Item 8 - MSF November Meeting Minutes 

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

What are we trying to achieve?

The Port Macquarie-Hastings region is able to thrive through access to a range of educational, employment and business opportunities.

 

What will the result be?

 

·                Greater availability of educational opportunities.

·                Key business sectors are able to benefit from our natural and existing attributes.

·                Business and industry, training and education facilities sustain our population growth.

·                Increased employment opportunities.

·                An environmentally harmonious and prosperous tourism industry.

·                Widely available communications technology.

 

How do we get there?

 

3.1     Create opportunities for lie long learning and skill enhancement with the availability of a broad range of education and training facilities.

3.2     Promote and support an increase in business capacity in order to generate ongoing economic growth.

3.3     Expand tourism business opportunities and benefits through collaborative planning and promotion.

3.4     Maximise innovation and economic competitiveness by providing high quality communication technology throughout the Port Macquarie-Hastings region.

3.5     Target and encourage business enterprise by providing favourable business conditions including infrastructure and transport options.

 

 

 

 

 

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          11.01

 

Subject:     Classification of Public Land - 33 Commerce Street, Wauchope (Lot 307 DP 1075670)

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

3.2.4  Appropriately develop, manage and maintain Council’s property including property sales, acquisitions, road closures, land development and management of community and commercial leases.

 

 

 

RECOMMENDATION

 

That Council classify Lot 307 DP 1075670 as Operational Land.

 

Executive Summary

 

This report is tabled to classify 33 Commerce Street, Wauchope, Lot 307 DP 1075670, purchased by Council in September 2016 as, “Operational Land”.  This vacant land adjacent to the Wauchope Waste Transfer Station was purchased by Council to allow for the future expansion of this facility as necessary.

 

Discussion

 

At the Ordinary Council meeting held on 20 July 2016, Council considered a confidential report (Item 15.07) regarding the purchase of 33 Commerce Street, Wauchope (Lot 307 DP 1075670).  A plan of the land is attached.  At the meeting Council resolved as follows:

 

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:

 

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

 

Following the finalisation of the land purchase and in accordance with the resolution above, actions to classify the land as “Operational” were conducted.

 

Council now needs to formally apply a classification to the land.

 

Options

 

Council has the option to either adopt the recommendation of this report or to classify the land as “Community” land, however this classification would not be in keeping with the adjoining Council land or with the intended future use of the land for the extension of the Wauchope Waste Transfer Station.

 

Community Engagement & Internal Consultation

 

As required by the Local Government Act 1993, notice of the proposed land classification was published in “Council Matters” and the local newspapers on 2 November 2016.  At the conclusion of the statutory notification period, no comments or submissions on the proposed land classification were received.

 

Planning & Policy Implications

 

An “Operational” land classification will bring Lot 307 into the same classification as the adjoining Council owned property, 31 Commerce Street Wauchope (Lot 308 DP 1075670) where the Wauchope Waste Transfer Station is located.

 

Financial & Economic Implications

 

There are no financial and economic implications arising from the land classification.

 

Attachments

 

1View. Plan of 33 Commerce Street Wauchope (Lot 307 DP 1075670).

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          11.02

 

Subject:     CBD Free Wi-Fi Trial Update

Presented by:  Community and Economic Growth, Liesa Davies

 

 

Alignment with Delivery Program

 

3.2.1  Identify, support and advocate for effective programs that assist the growth of appropriate business and industry.

 

 

 

RECOMMENDATION

 

That Council note the plans for a 12 month free Wi-Fi trial on the Port Macquarie Town Green.

 

Executive Summary

 

Work to undertake a 12 month free Wi-Fi trial on Port Macquarie’s Town Green will be complete in early 2017.  The trial stems from Council’s adopted Digital Strategy as a mechanism to support activation and vibrancy in our town centres for locals and visitors alike.

 

Discussion

 

Council’s adopted Digital Strategy includes an action (11) “to assess cost and benefits of a wireless mesh for town centres”.  In June 2016, Council commissioned the Digital Economy Group (DEG) to undertake an assessment of potential free public Wi-Fi delivery models. The outcomes of the DEG report were presented to the Port Macquarie Hastings Economic Development Steering Group a proposed trial of free public Wi-Fi was supported by the Group.

Free public Wi-Fi has become a standard for locations that are seeking to provide their community and visitors with internet connectivity. Free public Wi-Fi can create value in key urban spaces and add vibrancy within town centres. There is currently no free public Wi-Fi in the Port Macquarie CBD or in the towns and villages within our LGA.

Three free Wi-Fi trial options were considered:

1.   Town Green Port Macquarie

2.   Bain Park in Wauchope

3.   Laurieton Town Centre

Preliminary assessments of Options 2 and 3 found that there were technology challenges for delivery; however Option 1 was determined to be a feasible option for a Wi-Fi trial. The trial will involve an extension of fibre from Council’s existing fibre network, access to existing power and the installation of a Wi-Fi access point. 

Details regarding the proposed trial were presented to the 24 November meeting of the Town Centre Masterplan Committee where it was resolved:

 

 

11.05 WIFI TRIAL CONSENSUS:

That the Sub-Committee support the Wi-Fi trial on the basis that the TCMP Reserve will fund the initial 12 month trial only, at an approximate cost of $12,000, with a report to be presented back to the Sub-Committee regarding the outcomes of the trial and potential options moving forward.

It is anticipated installation works to enable the 12 month trial will be undertaken in early 2017. The trial will include analysis of access and user behaviour via the delivery technology, feedback from surrounding businesses and benchmarking against free public Wi-Fi in other cities. An extension of the Wi-Fi network, the model of delivery (Council-managed or commercial) and installation at other locations will be considered following the Port Macquarie trial.

Options

 

Council may note the report or choose to ask for further information.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

The project will be implemented in consultation with the Town Centre Master Plan Committee and Council’s Economic Development Steering Group. Businesses in the vicinity of the trial will be consulted prior to installation commencing.

 

Internal Consultation

 

In determining the feasibility of this project and planning for its implementation, consultation with Council Economic Development, ICT, Electrical Services and Parks and Buildings staff.

 

Planning & Policy Implications

 

There are no policy implications in relation to this report. The following considerations relating to the trial are currently being finalised:

·    Terms and Conditions of use for the Wi-Fi service;

·    Free Wi-Fi availability times;

·    Launch and promotion of the trial;

·    Data collection;

·    Privacy requirements;

·    Appropriate use guidelines.

 

Financial & Economic Implications

 

The trial is being funded by the Town Centre Master Plan Reserve at an approximate cost of $12,000.   As noted previously, free public Wi-Fi is widely acknowledged as a potential way to ‘increase feet on the street’ and enhance place vibrancy in business precincts.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          11.03

 

Subject:     Port Macquarie Airport - Airport Advisory Group Charter and Airport Terminal Building Upgrade Steering Group Charter

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

3.5.1  Develop, manage and maintain Port Macquarie Airport as a key component of the regional transport network and continue to grow the airport’s contribution to the regional economy.

 

 

 

RECOMMENDATION

 

That Council:

1.       Adopt the amended Airport Advisory Group Charter as attached to this report.

2.       Establish an Airport Terminal Building Upgrade Steering Group for the duration of the project and adopt the Steering Group Charter as attached to this report.

3.       Appoint Councillor J Levido, as Chair of the Major Projects Portfolio, as the Councillor representative on the Airport Terminal Building Upgrade Steering Group.

 

Executive Summary

 

This report tables an amended Airport Advisory Group Charter incorporating changes made following a review of Council’s Steering Group Charters to provide greater consistency of operation across each of the Groups.

 

The report also presents a new Charter for the proposed Airport Terminal Building Upgrade Steering Group with the purpose of the Steering Group being to oversee progress and advise and make recommendations to Council on the Airport Terminal Building Upgrade project.

 

Discussion

 

Airport Advisory Group Charter

 

At the Ordinary Council meeting held on 16 November 2016, Council resolved to:

 

09.03 COUNCIL STEERING GROUP APPOINTMENTS

RESOLVED: Intemann/Griffiths

That Council:

1. Appoint Councillor J Levido, as Chair of the Major Projects Portfolio, as the Councillor representative on the following Steering Groups:

- Stingray Creek Bridge Replacement Project Steering Group;

- Ocean Drive Duplication Steering Group;

- Port Macquarie Indoor Stadium Expansion Steering Group;

- Village Sewerage Scheme Steering Group.

2. Request the General Manager table a report at the 14 December 2016 Council meeting detailing suggested amendments to the Steering Group Charters to provide greater consistency across of operation across each of the Steering Groups.

CARRIED: 9/0

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

AGAINST: Nil

 

In accordance with Resolution 2 above, a review of the Steering Group Charters has now been undertaken and suggested amendments have been reported separately to the December 2016 Ordinary Council meeting - see report titled “Council Steering Group Amendments”.

 

At the Ordinary Council meeting held on 16 November 2016, Council also resolved to:

 

09.04 COUNCILLOR MEMBERSHIP TO COMMITTEES, GROUPS AND BOARDS

RESOLVED: Besseling/Intemann

That Council:

1. Appoint appropriate Councillor representation to the following currently

established Committees, Groups and Boards:

 

 

2. Dissolve the Glasshouse Sub-Committee and request that the General

Manager thank in writing, each of the independent members of the Sub-

Committee for their support and contributions.

3. Request the General Manager table a report at the 15 February 2017 Council

meeting providing a review and future options for:

a) Heritage, Arts and Cultural Priorities Advisory Group

b) Aboriginal Advisory Committee

c) Implementation and monitoring of the Glasshouse Strategic Plan,

particularly in relation to the objectives of the Cultural Plan.

d) PMHC Youth Advisory Committee

e) Mid North Coast Co-operative Library Committee

4. Request the General Manager undertake a review of the Town Centre Master

Plan Sub Committee Charter, with a report to be tabled at the 14 December

2016 Council Meeting.

5. Request the General Manager undertake a review of the Audit, Risk and

Improvement Committee Charter to ensure alignment with recent legislation,

with a report to be tabled at the 15 March 2017 Council Meeting.

6. Request the General Manager undertake a review of the Airport Advisory

Group Charter, with a report to be tabled at the 14 December 2016 Council

Meeting.

7. Request the General Manager undertake a review of the following Committees

in an effort to achieve a more streamlined approach to such civic event

committees, with a report to be tabled at the 15 February 2017 Council

meeting:

- Australia Day Sub-Committee;

- Mayor’s Sporting Fund;

- Port Macquarie-Handa Sister City Sub-Committee.

8. Consider alternate Chairs for Committees to be brought to the February 2017

Council meeting.

CARRIED: 8/1

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

AGAINST: Griffiths

 

In accordance with Resolution 6 above, a review has been undertaken of the Airport Advisory Group Charter, taking into consideration the suggested amendments to other Steering Group Charters for consistency.

 

The amended Airport Advisory Group Charter as attached to this report remains consistent with the previously adopted Charter in terms of the objectives and purpose of the Airport Advisory Group with the changes predominantly dealing with governance and administrative arrangements for consistency of operation across Council’s Advisory and Steering Groups.

 

The membership of the Airport Advisory Group has also been amended for consistency, noting that the amended Charter includes for up to two (2) independent external members as per the current membership of the Advisory Group - the previously adopted Charter provided for up to three (3) independent external members.

 

Airport Terminal Building Upgrade Steering Group

 

At the Ordinary Council meeting held on 16 November 2016, Council resolved as follows:

 

11.02 PORT MACQUARIE AIRPORT TERMINAL BUILDING UPGRADE PROJECT

Councillor Cusato declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 7:03pm.

RESOLVED: Intemann/Hawkins

That Council:

1. Include the Port Macquarie Airport Terminal Building Upgrade project in the 2016-2017 Operational Plan, with a current year budget of $250,000 for the commencement of detailed design.

2. Note the overall $7.5 million budget for the Port Macquarie Airport Terminal Building Upgrade project, with funding sources and future year budget allocations as detailed in the Financial and Economic Implications section of this report to be considered in draft future Operational Plans.

3. Delegate authority to the General Manager to sign and enter into the $5 million Restart NSW (RNSW768) Funding Deed and the $1.25 million Funding Agreement with the Australian Government for the Port Macquarie Airport Terminal Building Upgrade project.

CARRIED: 8/0

FOR: Besseling, Alley, Dixon, Griffiths, Hawkins, Intemann, Levido and Turner AGAINST: Nil

Councillor Cusato returned to the meeting, the time being 7:04pm.

 

Subsequent to this resolution and consistent with Council’s Project Management Framework, a Steering Group is recommended to be established for the project, being a project with a budget greater than $5 million, to provide oversight and governance in relation to the delivery of the project.

 

Accordingly a Steering Group Charter as attached to this report has been developed for the Airport Terminal Building Upgrade project.  The purpose of the Steering Group will be to oversee progress and advise and make recommendations to Council on the Airport Terminal Building Upgrade project.

 

Consistent with Council’s other major project Steering Groups, it is recommended that Council appoint Councillor J Levido, as Chair of the Major Projects Portfolio, as the Councillor representative on the Airport Terminal Building Upgrade Steering Group.

 

Options

 

Council has the option to either adopt the recommendations of this report, to amend, or not to adopt.

 

Community Engagement & Internal Consultation

 

Internal consultation has been undertaken with:

·    General Manager;

·    Director Corporate and Organisational Services;

·    Group Manager Commercial and Business Services;

·    Group Manager Infrastructure Delivery;

·    Group Manager Governance and Executive Services;

·    Business Enterprise Manager - Airport.

 

Planning & Policy Implications

 

Strategic advice and recommendations to Council from the Airport Advisory Group will assist in the ongoing development of the Airport consistent with the adopted Port Macquarie Airport Master Plan (2010 and Addendum Report 2013).

 

The recommendation to establish an Airport Terminal Building Upgrade Steering Group is consistent with Council’s Project Management Framework.

 

Financial & Economic Implications

 

There are no direct financial implications as a result of this report (the independent

external members are volunteers and no financial reward is offered to these

positions); however the strategic advice and recommendations from the Group will assist Council in ensuring that ongoing development at the Airport is undertaken in a

prudent and cost effective manner.

 

While the Airport Advisory Group may advise and make recommendations to Council with regard to the strategic direction of the Airport, all recommendations that commit Council to the expenditure of funds or commit Council to a particular outcome or course of action will be referred to the relevant Director, who will determine under delegation, the process for implementation.  Where necessary, the recommendation will be the subject of a report to Council, where Council will make a formal determination and resolution on the issue.

 

The Airport Terminal Building Upgrade Steering Group will oversee progress and advise and make recommendations to Council on the Airport Terminal Building Upgrade project, including matters relating to project budget and financial management.

 

Attachments

 

1View. Airport Advisory Group Charter - Amended 2016 12 14

2View. Airport Terminal Building Upgrade Steering Group Charter 2016 12 14

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          11.04

 

Subject:     Economic Development Strategy 2013-2016:  Six Monthly Report on Progress

Presented by:  Community and Economic Growth, Liesa Davies

 

 

Alignment with Delivery Program

 

3.2.1  Identify, support and advocate for effective programs that assist the growth of appropriate business and industry.

 

 

 

RECOMMENDATION

 

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

 

Executive Summary

 

The implementation of actions under Council’s 2013-2016 Economic Development Strategy continues to enhance the economic future for our region. Ongoing delivery of a diverse range of projects with positive outcomes is being achieved through collaboration between Council, local business and industry groups. Priorities and progress of the Strategy’s implementation continue to be overseen by the Economic Development Steering Group which meets monthly. At its 7 December 2016 meeting, the Economic Development Steering Group completed a review of the Strategy and commenced discussions on the development of a new Strategy.

 

Discussion

 

In adopting the 2013-2016 Port Macquarie-Hastings Economic Development Strategy in November 2013, Council resolved to monitor implementation by way of a six monthly report on progress against actions. This report constitutes the sixth implementation report.

 

During the past six months progress has continued in building upon the four key priority areas of implementation focus which were agreed upon by the Economic Development Steering Group for 2016:

 

1.       Continued work on a whole-of-organisation, solutions focused culture of supporting business;

2.       Advocating and planning for regional growth;

3.       Work as a place shaper, maker and promoter; and

4.       Advocate and support initiatives that will create a positive environment for local business and our community. 

 

Attachment 1 provides an overview of a range of actions and initiatives which have been completed or progressed in the period July-December 2016.  Some key highlights include:

 

Ongoing investment and planning for major infrastructure and key recreation projects;

Finalisation of the manufacturing, construction, transport and warehousing industry action plans;

Delivery of successful place and community activations, contributing to vibrant spaces;

Hosting of 17 Council supported events, resulting in a $7.78 million economic impact;

Destination marketing and PR delivery in accordance with our Destination Management Plan, including the development of a new destination website;

Further action against initiatives agreed in the Small Business Friendly Council Program;

Focused projects in our towns and villages;

Continued promotion of opportunities for collaboration and innovation (both internally and externally).

 

At the 7 December 2016 meeting of the Economic Development Steering Group, members noted the actions achieved in the past six months of the strategy implementation. Additionally, the progress made for our regional economy during the strategy’s life span from 2013-2016 was acknowledged.  In reviewing these achievements, the group also commenced discussions on the redevelopment of the strategy for the period 2017-2021, which will be the subject of a future report to Council.

 

Options

 

Council may note the report or choose to ask for further information.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

The Strategy implementation is undertaken by working with local business and industry and with oversight by the Port Macquarie Hastings Economic Development Steering Group.

 

Internal Consultation

 

Strategy action implementation has been undertaken by/in collaboration with a wide range of Council staff.

 

Planning & Policy Implications

 

Council at its November 2013 Ordinary Meeting resolved to receive a six monthly progress report on the actions within the Strategy. The Economic Development Strategy is due for redevelopment in early 2017.

 

Financial & Economic Implications

 

It should be recognised that there is the potential for significant economic benefits to the Local Government Area if the outcomes identified in the adopted Strategy are achieved.

                       

 

Attachments

 

1View. July-December 2016 Economic Development Strategy Implementation Summary

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          11.05

 

Subject:     Tastings on Hastings 2016

Presented by:  Community and Economic Growth, Liesa Davies

 

 

Alignment with Delivery Program

 

3.3.1  Maximise, support, facilitate and advocate for major events and conferences to ensure ongoing positive economic and tourism growth.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained in report for Tastings on Hastings 2016 event.

2.       Note planning for the 2017 Tastings on Hastings has commenced as per the Council-agreed 2015-2017 event approach.

3.       Note that an Expression of Interest will be issued to engage an Event co-ordinator for the 2017 Tastings on Hastings.

 

Executive Summary

 

The 2016 Tastings on Hastings event was a very successful weekend, with over 20,000 people attending to enjoy our regional food, beverages and more. This makes Tastings on Hastings one of our largest local events, celebrated by our community whilst also bringing visitors to the region. The event resulted in a direct visitor spend of $670,360 and a total economic impact of $1.1 million, which is a significant increase on 2015.

 

Planning for the 2017 Tastings on Hastings has commenced and an Expression of Interest will be issued shortly to engage a new Event Coordinator to deliver the event in accordance with the 2015-2017 approach adopted by Council.

 

Discussion

 

At the Ordinary Council Meeting held on 15 June 2016, Council resolved:

 

RESOLVED: Turner/Hawkins

That Council:

1. Note the information in the Tastings on Hastings - Previous Event Comparisons report.

2. Request the General Manager to bring a report back on the 2016 Tastings on Hastings event to the December 2016 Council Meeting.

 

CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant and Turner   AGAINST: Nil

 

This report addresses item 2 of the resolution.  For the past 14 years, Tastings on Hastings has promoted our local farmers and producers and is a much loved fixture on the local calendar.

 

In August 2014, Council supported a new strategic vision for Tastings, including the addition of a “Fire, Water, Harvest” theme and a community celebration of arts and culture as part of an evening event prior to the Tastings on Hastings ‘Main Event’.

In 2014, Marketplace Events was contracted to deliver the 2015-2017 events and work with Council staff on the further development of this great local celebration.

 

Tastings On Hastings 2016 - Post Event Report

Port Macquarie Hastings Council presented its 14th annual Tastings on Hastings event from 28 October - 30 October 2016.  The “Fire Water Harvest” theme continued with new additions to the weekend program of activities.

 

The main event was held in the Port Macquarie CBD and on Town Green showcasing the best of our region. A number of ‘satellite’ events added value to the main event activities and rounded out a full weekend of event options, particularly for out of region visitors.

 

Over 20,000 people attended across the three day program, making it the most highly visited Tastings since inception.  According to the event visitor survey, 81.3% of attendees were from our local community, highlighting the event’s significance as a well supported community event.  

 

A $5 entry fee (for adults only) was again collected to assist in offsetting event costs. The fee included entry to the Tastings Ignites, cooking demonstrations, entry into the Tastings Main Event and live entertainment. 

 

The Tastings Ignites evening again proved to be successful, this time on the Saturday evening to optimise use of event infrastructure. The new “Oyster Barn” provided an opportunity for our local oyster producers to sell direct to the public and talk to visitors about their produce. This new initiative saw a good response from both the community and farmers and will be an area for further exploration in 2017.  The evening also saw a cultural element with local music, Aboriginal dance troupe, creative sculptures and fire twirlers, all of which were embraced by the local community, with a record crowd of over 5,000 attendees on the Saturday evening.  

 

There were 115 exhibitors at the main event on Sunday (noting this was down from 125 in 2015) throughout the five different precincts including the Makers Market; Farmers Market; Beer and Wine Precinct; and the Restaurant precinct and the Main Stage. Free cooking demonstrations were hosted by visiting celebrity chefs including Matt Wilkinson, Nicholas Poelaert and Matt Golinski. The event was supported by a diverse entertainment line up featuring local musicians alongside well known legends like Lionel Cole.

 

The Town Green program also included a Saturday Harvest Lunch, a specialty lunch showcasing local producers.

 

A strong digital marketing approach was engaged this year to attract and build audiences. Social media was the most effective form of promotion reaching 42% of the audience, up from 27% in 2015.  We also saw growth through our Instagram community taking it from 764 to 3,106 and we grew our Facebook community from 4,122 to 4,883 followers. 

 

Satellite Events

Tastings on Hastings teamed up with a number of local business and community organisations to host small “foodie” focused events, including:

·    Celebrity dinners with Celebrity Guest Chef Matt Wilkinson and Nicholas Poeleart, hosted by the Stunned Mullet. 

·    A Beer Masterclass with special guest Matt Kirkgard, hosted by the Latin Loafer.

·    A wine Masterclass, hosted by Cassegrains wines.

·    A Sustainable Table event, hosted by The Lost Plot Community Garden in collaboration with Matt Golinski

 

Sponsorship

Fourteen key event sponsors and seven in-kind sponsors supported the 2016 community event.   In a tough sponsorship environment, cash sponsorship received was $37,400. This is down quite significantly from $50,818 in 2015, and will have to be considered in regards to planning for the 2017 event. The event also attracted approximately $84,900 in-kind value from numerous sponsors including Council staff time ($15,000).

 

Exhibitor feedback

Of the 115 exhibitors, 54% were from the Port Macquarie Hastings Local Government Area (LGA) and the remaining 46% from within the 160km (100 mile) radius. An exhibitor survey indicated sales levels on the day were mixed when compared to 2015 i.e. 35% recorded an increase from the previous year’s results, with 74.1% of vendors surveyed indicating they would return in 2017.

 

Event attendee Feedback

Surveys were conducted on the day and online for attendees, providing overall positive feedback i.e. 88% indicating that their overall experience was either excellent or very good which is up 6% on 2015.

 

Research also indicated the aspects patrons most enjoyed were the food (41.1%) and entertainment (19.3%). Patrons also valued the social aspect and the atmosphere, with 11% identifying this as one of the best aspects of the event.  

 

A summary of the visitor profile (based on the event survey of 475 event visitors) is below.  Of those surveyed:

•     87% attended the Tastings on Hastings Main Event on Sunday.

•     32% attended the Tastings Ignites Festival.

•     64% attended one event, and 34% attended two events.

•     55% of visitors are over 40 years of age.

•     Visitors were attracted from 15 regional markets in NSW and interstate.

•     19% of visitors are from outside Greater Port Macquarie.

•     8% of visitors are overnight visitors (here specifically for the event)

•     6% are staying on holidays.

 

Destination Marketing

Council was again successful in securing a $10,000 grant for Tastings on Hastings via Destination NSW’s Regional Flagship Funding. These funds are tied to promotion to attract event visitors from outside the region. This year’s approach was to leverage Council’s Destination Public Relations strategy to host Delicious Magazine on a media familiarisation, extend the agreed editorial feature with a full page advertisement and encourage readers to travel for the Tastings on Hastings weekend.  In addition, Council partnered with Destination NSW to deliver the first regional ‘It’s ON’ campaign promoting a range of Port Macquarie-Hastings Spring events, including Tastings on Hastings.  

 

As mentioned above, for the second year in a row Council partnered with Destination NSW to deliver a group media familiarisation over the event weekend.  Media from key publishing and web based outlets including Country Style, Qantas Insider and Better Homes & Gardens attending. Representatives from Virgin Australia, Destination NSW and Jetgo also participated in the familiarisation strengthening these key partner relationships. It is expected that up to $1 million in editorial will be generated and additional benefits and opportunities will evolve through the increased awareness, knowledge and confidence within these strategic partnerships. The familiarisation provides an opportunity to highlight the destination as a whole, including showcasing local growth and opportunity beyond our visitor economy. 

 

Planning for Tastings 2017

Tastings on Hastings 2017 provides a great opportunity to build on what is now a much loved event, bringing community, visitors and business together, transforming the Port Macquarie Town Green and CBD. The event, as it stands, is a testament to the efforts of the 2014-2016 event coordinator, Marketplace Events, who has worked closely with Council staff to develop each event and ensure that it runs successfully, safely and smoothly.

 

Noting the 2014-2016 Event Coordinator, Market Place Events, has tendered their resignation, as stated earlier in this report, Council will be looking to engage a new event Co-ordinator early in 2017.   Staff will continue planning for the 2017 event in the interim.

 

The aim in 2017 will be to build on success to date, with some small modifications based on lessons from 2016, visitor and event partner feedback.  This includes:

-     A continued focus on a weekend of activations in the Port Macquarie town centre - with a review of the event layout noting anticipated Town Green upgrades;

-     Highlighting our local producers and food and beverage industry, including our oyster producers;

-     Encouraging local businesses to host complimentary satellite events

-     Possible headlining entertainment act;

-     Additional seating areas;

-     Further consideration of parking and event access;

-     Continued use of social media to engage with audiences;

-     Targeting the “Day Tripper” (up to 2 hours drive away); and

-     Improved waste management strategies.

 

Noting recent budgetary trends and a potential uplift in an Event Coordinator fee, further consideration of the 2017 event budget will be required.  This is currently under development.

 

Options

 

Councillors may choose to note the information provided or request further detail.

 

Community Engagement & Internal Consultation

 

2016 saw increased community participation across the event.  From creative pursuits through to satellite events, Tastings embraced community and business to ensure that event was inclusive and accessible for a range of audiences.

 

In the lead up to the event, Council hosted an Industry Development Forum, bringing guest Chef Matt Golinski to speak with our local industry.  The event saw participants from farmers to restaurateurs and out of region provedores discussing opportunities to create a strong and sustainable focus on local food and beverage businesses.

 

Local artist Lucy Pascale was engaged to work with local school children (including Rolland’s Plains Public School and the Birpai Youth Club) to festoon the Tastings on Hasting Event.  This work included decorated paper lanterns and the large IGNITE letters which provided a focal point for the event and a much captured event image.

 

Over 20 women from The Women’s Shed contributed to some wonderful palette event seating which was well used and highlighted with plant life and greenery.

 

Volunteering

This year the event saw just under 80 volunteers assist with event delivery. Members of the Westpac Rescue Helicopter, the Women’s Shed and community volunteers manned event gates, distributed surveys, cleared tables and assisted patrons with waste recycling.  Waste education by the “Bin Bunyips”, added a unique educational and entertaining experience all about utilising the correct waste receptacles. 

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

Please refer to the confidential attachment titled “Tastings on Hastings 2016 - 3 Year Comparison" which contains information that 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)).

 

Event expenditure for Tastings on Hastings 2016 is comparable to 2015 levels. That said, income was also under budget noting reduced levels of cash sponsorship and lower than budgeted income for entry fees, which resulted in an anticipated net cost to Council of $57,429, compared to a budgeted cost of $42,010.  It is estimated that Council staff time invested in the event was approximately $15,000. 

 

It is anticipated that there will be a need to increase the budget allocation for Tastings on Hastings 2017, noting the net costs to Council of the event in 2015 and 2016. This will not be known until we appoint a new Event coordinator.

 

Attachments

 

1View. Confidential - Tastings on Hastings 2016 - 3 Year Comparison (Confidential)

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

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

                                                                                                                      14/12/2016

 

 

Item:          12.01

 

Subject:     Acquisition of an Easement for Water Supply at Cameron Street, Wauchope

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

4.2.1  Incorporate efficiency and environmental impact mitigation into project planning processes .

 

 

 

RECOMMENDATION

 

That Council:

1.       Pay compensation in the total combined amount of $9,188 (excl. GST) to the owners of Lot 4 Deposited Plan 216830 and Lot 5 Deposited Plan 38562, being D J A Flynn, CTM Superhold Pty Ltd and R & J (NSW) Pty Ltd, for the acquisition of the easement for water supply depicted “A” in Deposited Plan 1225822.

2.       Delegate to the General Manager authority to sign the Deed of Acquisition/Contract for Sale.

 

Executive Summary

 

At present, the water supply pipeline along the western side of Cameron Street, Wauchope is suspended below the road bridge where Cameron Street crosses Blackbutt Creek.  During storm events, the pipeline is an obstacle to flood debris.

 

Funding is available in the Water Fund to underground the pipeline as a flood mitigation measure however this requires the acquisition of an easement from the adjoining properties.

 

Compensation for the acquisition of the easement has been agreed and is now reported to Council for formal approval.

 

Discussion

 

The water supply pipeline situated on the western side of Cameron Street is presently suspended from the traffic bridge that spans Blackbutt Creek, near the intersection of Cameron Street and King Street, Wauchope.

 

During storm events, the pipeline is an impediment to the free flow of stormwater and captures debris in Blackbutt Creek.  As a flood mitigation measure, the pipeline could be buried below the bed of Blackbutt Creek, however existing telecommunication infrastructure in the bed of Blackbutt Creek, dictates that the position of the realigned underground pipe will need to be located on private land.

 

An easement for water supply is sought over the private land to allow free access for future maintenance of the pipe and to ensure that the current and future landowners are aware of the location of the underground pipe.  An easement 3 metres wide is required.  The location of the easement is depicted on the attached aerial photograph.

 

The landowners have provided their agreement to the creation of the easement and accordingly a formal survey of the easement has been carried out.  The easement plan has been registered in the Land Titles Office as Deposited Plan 1225822.  The 3 metre wide easement is shown as “A” in Deposited Plan 1225822 as attached to this report.

 

Options

 

Council has the option to:

1.   Acquire the easement to allow the proposed works to be undertaken; or

2.   Not acquire the easement.

 

Community Engagement & Internal Consultation

 

There has been consultation with the landowners whose property will be subject to the easement acquisition.

 

Internal consultation has occurred with the Infrastructure Services Division and the Corporate & Organisation Services Division.

 

Planning & Policy Implications

 

The acquisition of the easement is being conducted having regard to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991.

 

Financial & Economic Implications

 

The acquisition of the easement entitles the landowners to the payment of compensation.  Whilst the easement to be acquired spans two properties, Lot 4 Deposited Plan 216830 and Lot 5 Deposited Plan 38562, the two properties are held as a single ownership.

 

Council’s consultant valuer has assessed fair compensation for the acquisition of the easement and an offer in accord with the valuation has been made to the landowners.  The landowners have accepted the offer in the amount of $9,188 (excl. GST).

 

In addition to monetary compensation, Council is also required to meet the landowners ‘out of pocket’ expenses that may be incurred arising from the acquisition.  These expenses include, for example, legal and conveyancing fees estimated at $1,500 (excl. GST).

 

There is funding presently available from the Water Fund to meet the compensation amount and ‘out of pocket’ expenses.

 

Attachments

 

1View. Aerial Photograph Depicting Area of Easement to be Acquired

2View. Deposited Plan 1225822

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          12.02

 

Subject:     DA2016 - 372.1 - Residential Flat Building Including a Clause 4.6 Variation to Clause 4.3 (Height of Building) of the Port Macquarie Hastings Local Environmental Plan 2011 at Lot 3 DP 345930, 3 Gore Street, Port Macquarie

Report Author: Matt Rogers

 

 

 

Applicant:               All About Planning

Owner:                    Gotham Trading Pty Ltd

Estimated Cost:     $2,800,000

Parcel no:               7331

Alignment with Delivery Program

4.9.2  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That the determination of DA2016 - 372.1 for a residential flat building including a Clause 4.6 variation to Clause 4.3 (Height of Building) at Lot 3, DP 345930, No. 3 Gore Street, Port Macquarie,  be noted.

 

Executive Summary

 

This report is for Council’s information and relates to the approval of the subject Development Application under delegation. Granting consent involved use of Clause 4.6 of Port Macquarie-Hastings Local Environmental Plan 2011 (LEP) to vary Clause 4.3 (height of buildings) by not more that 10% of the standard.

 

The proposal was considered by Council’s Development Assessment Panel on 9 November 2016 and it was resolved:

 

That DA 2016 - 0372.1 for a residential flat building including a Clause 4.6 variation to Clause 4.3 (Height of Building) at Lot 3, DP 345930, No. 3 Gore Street, Port Macquarie, be determined by granting consent subject to the recommended conditions and the following additional condition in Section A of the consent to read:

(A195) Alva Lane shall be upgraded full width, including kerb & gutter along the frontage of the development, so that the pavement thickness meets Council’s AUS-SPEC ‘Collector Road’ standard (i.e. one million ESAs, 1x106). This shall require a full rebuild of the pavement unless geotechnical results are deemed by Council to demonstrate another solution is acceptable. Prior to issue of a Construction Certificate, a pavement design report shall be prepared by a suitably qualified geotechnical or civil engineer and submitted to Council with the Roads Act (s138) application, including soil test results and in-situ CBR values (NATA certified). Council’s minimum pavement compaction testing criteria are as follows:

a.         98% (modified) base layers - Maximum Modified Dry Density test in accordance with AS1289.5.2.1

b.         95% (modified) sub-base layers - Maximum Modified Dry Density test in accordance with AS1289.5.2.1

c.         100% (standard) subgrade/select layers - Maximum Standard Dry Density test in accordance with AS1289.5.1.1 (or for in-situ subgrade soils only, wet density testing may be used). 

 

The proposed development exceeds the 19m height limit by 1.2m, which represents a variation of 6.3%. The variation was considered to be minor and not to result in any significant adverse planning impacts. The additional building height did not result in an adverse impact on view sharing, overshadowing, privacy or bulk and scale. The additional height aided in concealing the lift overrun and resulted in a residential flat building design that appropriately responds to the site and public domain.

 

The Department of Planning and Infrastructure circular PS 08-003 provides for the Director General’s assumed concurrence.

 

The Department’s circular PS08-014 further reminds councils of their assumed concurrence role in relation to SEPP 1 and Clause 4.6 LEP variations. The circular advises that where Clause 4.6 variations are approved under delegated authority that Council be advised of the decision made and it be appropriately recorded. This report is to ensure compliance with the subject circular.

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has an area of 588.1m².

 

The site is zoned R4 High Density Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

http://hq-dekho-pr1:8080/Dekho/dekhoproxy?urlparam=proxy_url_start%5bpnturl2321_C0A8C986:0158173113DF:10F7:1820DF7D%5dproxy_url_end&sessionid=C0A8C986:0158173113DF:10F7:1820DF7D

 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph:

 

http://hq-dekho-pr1:8080/Dekho/dekhoproxy?urlparam=proxy_url_start%5bpnturl6610_C0A8C986:0158173113DF:10F7:1820DF7D%5dproxy_url_end&sessionid=C0A8C986:0158173113DF:10F7:1820DF7D

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    A six (6) storey residential flat building comprising:

-  11 units with 10 units containing 2 bedrooms and 1 unit containing 3 bedrooms.

A basement level is also provided with the use of stacker parking.

14 parking spaces are proposed within the basement, which includes 12 spaces for residents, 1 disabled parking space and 1 visitor parking space.

·    Clause 4.6 variation to Clause 4.3 (height of buildings) in the Port Macquarie Hastings Local Environmental Plan 2011.

·    Two submissions received.

·    The residential flat building has dual frontage to Gore Street and Alva Lane. Pedestrian access is provided off both frontages, while vehicles access and parking is restricted to Gore Street.

·    The development also involves strata subdivision.

 

Attachments

 

1View. DA2016 - 372.1 Consent Approval

2View. DA2016 - 372.1 Approved Stamped Plans

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          12.03

 

Subject:     Question From Previous Meeting - Short-Term Holiday Letting

Presented by:  Development and Environment Services, Matt Rogers

 

 

 

 

 

RECOMMENDATION

 

That Council request the General Manager present a further report to Council following the release of the NSW Government’s response to the Inquiry on the Adequacy of the Regulation of Short-term Holiday Letting in New South Wales.

 

Question from Councillor Cusato:

 

How is Council currently managing problems associated with short-term holiday letting in residential areas and what are the potential implications of the recommendations from the NSW Inquiry into Short Term Holiday Letting?

 

Comments by Councillor (if provided):

 

Nil.

 

Response

 

Management of problems associated with short-term holiday letting

 

Council has receives regular enquiries in relation to short-term letting and several complaints per annum relating to unauthorised tourist use of private dwellings. The complaints relate to issues ranging from late-night partying in large dwellings to a person renting a single room.

 

Addressing complaints about an unauthorised short-term letting use requires collecting details of the pattern of use/problems and determining if there is a breach of any planning controls.

 

Generally, staff only initiate action in relation to consistent unauthorised uses where significant impacts are occurring given the resources available for dealing with these types of compliance matters.

 

Where a significant compliance issue arises, such as the recent problems at Portside Cres, significant work is required to investigate complaints, serve notices, follow up compliance, issue fines, prepare evidence and undertake legal action. While these cases are the exception rather than the rule, significant resources are required for their management. Legal costs can run in to tens of thousands of dollars in these cases.

 

Complaints of disturbances at night are left for the Police to investigate and resolve. 

 

Note that the planning context for problems relating to short-term holiday letting arise from:

1.   Prior to Local Environmental Plan 2011, there was no distinction between dwellings used for permanent occupancy, and holiday lettings.  Where holiday lettings have been happening in a dwelling since prior to commencement of that LEP, it is unlikely that Council can now require that a consent be obtained.

2.   While LEP 2011 now distinguishes between (permanent) 'residential accommodation' and 'tourist and visitor accommodation', there is no clear threshold relating to acceptable casual holiday letting without consent in a whole residence or within part of a residence.

The LEP provisions follow the NSW Standard Instrument LEP provisions, and there is no distinction between permanent and short-term tourist accommodation - both require development consent.

 

A report to Council on 16 March 2016 (refer Attachment 1) proposed that an amendment be made to LEP 2011 to define thresholds for when consent is required for short-term rental use of private dwellings.  Having regard to the current inquiry by the NSW Parliament into this issue, Council resolved as follows:

 

RESOLVED: Besseling/Roberts

That Council:

1.    Note the information contained in the report.

2.    Note the current Inquiry into the “Adequacy of the regulation of short-term holiday letting in New South Wales” is underway in the NSW Parliament.

3.    Request a further report be provided to Council as to the findings and recommendations arising from the above Inquiry.

                                                                                                   CARRIED:            8/1

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

                                                                                                   AGAINST:  Sargeant

 

Parliamentary Inquiry

 

In October the Legislative Assembly's Committee on Environment and Planning tabled its report 'Adequacy of the Regulation of Short-Term Holiday Letting in New South Wales' - refer Attachment 2.

 

The findings of the Committee were:

·    there is no consistent state-wide definition of short-term rental accommodation

·    there is generally a low level of complaints and no need for heavy regulation

·    short-term rental accommodation is not a change of use

·    strata properties need additional regulation

·    taxation is a Commonwealth matter

·    the market is responding to insurance needs.

 

The Committee recommended that the NSW Government:

·    amends planning laws to regulate short-term rental accommodation

·    allows home sharing, and letting a principal place of residence, as exempt development

·    allows empty houses to be let as exempt or complying development depending upon  predetermined impact thresholds.

·    investigate impacts on traditional accommodation operators

·    strengthens the Holiday and Short-Term Rental Code of Conduct

·    develops a compliance system which considers

a)  the use of the investigative powers in Division 1C of the EP&A Act

b)  streamlined development assessment (Complying Development Certificates)

c)  the Holiday and Short-Term Rental Code of Conduct

d)  ‘party house’ provisions.

·    issues guidance and provides education for councils and the community

·    communicates with owners about their rights and obligations

·    amends strata laws and later reviews the effectiveness of changes

·    collects information on the industry.

 

At the time of writing this report there has been no advice of the response of the NSW Government to the recommendations.  Should all or some of the recommendations be accepted, it is anticipated that:

1.    There will be consultation on the thresholds for exempt and complying development of short-term rental accommodation, so Council will have the opportunity to express its preferences on this detail.

2.    State-wide standard planning provisions will then be introduced, with no local variations.

 

The implications for Council will depend on the State response.

 

If the thresholds are low for exempt development, then development consent will be required in more cases, and compliance will be more related to unauthorised development and compliance with development consents.

 

If the thresholds are high for exempt short-term rental accommodation, particularly in terms of the duration or scale of development, then there is the potential for a greater number of complaints from the community on issues on such as noise, overflowing garbage, parking etc.

 

In relation to compliance, as noted above investigations and responding to complainants is time-consuming, particularly in relation to collecting appropriate evidence that is necessary to where legal action may eventuate.

 

Either way, there are potentially significant resource implications for Council and it is recommended that a further report be presented to Council following advice from the State Government regarding its position.

 

At this stage, subject to the timing of the NSW Government response, it is expected that a report will presented to Council in the second quarter of 2017.

 

Attachments

 

1View. Council report and minutes, 16/03/2016

2View. Parliamentary Committee Report

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          12.04

 

Subject:     Recommended Item from Coast, Estuary & Floodplain Advisory Sub-Committee - Draft Lake Cathie Coastal Management Development Control Plan (DCP) Provisions

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

4.1.1  Implement and advocate a range of proactive programs for the environmental management of lands within the local government area .

 

 

 

 

RECOMMENDATION

 

1.       That the Lake Cathie Coastal Management Development Control Plan (DCP) provisions be placed on public exhibition from 15 December 2016 to 1 February 2017.

2.       That a report on the outcome of public exhibition be presented to the February 2017 Council Meeting.

 

Executive Summary

 

The Coast, Estuary & Floodplain Advisory Sub-Committee met on 24 November 2016, reached consensus on Item 07 (attached) and now submits item 1 of the above recommendation for Council consideration. Item 2 of the recommendation has been included to clarify that a further report is to be presented to Council.

 

Attachments

 

1View. Item 07 Coast, Estuary & Floodplain Advisory Sub-Committee

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          12.05

 

Subject:     Land Development Approval Process Review Update

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

4.9.2  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

RECOMMENDATION

 

That Council note progress on the implementation of recommendations from the land development approval process review.

 

Executive Summary

 

This report provides an update on the implementation of recommendations from the University of Technology Sydney Centre of Local Government  review (the UTS review) on Council’s land development approval process.

 

Significant progress has been made to date with the majority of high priority actions identified by Council and industry representatives having been implemented.

 

Discussion

 

The UTS review was commissioned in late 2015 in response to feedback from  industry stakeholders on the approval process for development engineering related applications/works. The review involved in depth interviews with industry stakeholders and Council staff, an on-line survey for industry stakeholders, benchmarking with other councils, application audits and an industry stakeholder forum. The review was completed in April 2016 and included 70 recommendations for Council and the industry to address. A copy of the final report and recommendations is included in the attachment section of this report.

 

Following consideration of a report on the outcomes of the review at the Ordinary Meeting held on 15 June 2016, Council resolved:

 

RESOLVED:  Hawkins/Levido

 

That Council:

1.    Note the information contained within the Land Development Approvals Process Review report.

2.    Support the priority recommendations for implementation as contained within the report.

3.    Request that the General Manager table a report at the December 2016 Council Meeting detailing progress to-date on implementation of the priority recommendations, as well as detailing the implementation program for the remaining recommendations to come from the Land Development Approvals Process Review.

 

carried:      8/0

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

Against:       Nil

 

In response to the review findings, Council staff and representatives from the Hastings Construction Industry Association (HCIA) formed a working party to identify the ‘first round’ of high priority recommendations contained within the UTS review. These high priority recommendations and their current status is tabulated in Attachment 2 of this report. In summary, the high priority areas focused the following:

 

-     additional Council staff resourcing

-     application workflow improvements

-     dealing with “alternate solutions” to adopted specifications

-     quality of applications lodged

-     communication between the industry and Council.

 

This first round of priorities is now largely complete. A detailed program for the implementation of the remaining recommendations has not been developed at this stage. However, subsequent priorities are proposed to be identified and agreed to by the working party in February 2017.

 

Given the complexity of the development approval process and the extensiveness of the review recommendations, it is likely to be12-24 months before conclusions on the effectiveness of the review can be drawn. Notwithstanding this longer term view, there is evidence indicating that improved efficiencies in Council’s development engineering function are beginning to be realised.

 

Gross processing times for engineering related applications during the first quarter of 2016-2017 have improved compared to the 2015-2016 year average. Gross monthly average processing times for infrastructure construction certificates during the first quarter was 74 days, this is down on the 2015-2016 monthly average of 94 days. The gross monthly average processing days for subdivision certificates for the quarter was 75 days, this is down from 97 days in the 2015-2016 year.

 

As a high priority outcome of the review, two temporary development engineers have been appointed on two year employment contracts. The temporary resources commenced in late July and early August and have already assisted with the backlog of applications and improved processing times.  This increased capacity has also allowed staff to work on implementing various process improvements identified by the review. Staff will continue to meet with representatives from the HCIA to work through recommendations from the review.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

The independent review into Council’s land development approval processes includes a strong external engagement element and will be a significant focus for staff in the short to medium term.

 

Ongoing implementation of the recommendations from the review will continue to be facilitated by the joint Council and industry working party noted above.

Ongoing updates on the progress of implementing the recommendations within the report are proposed to be included in quarterly Development Assessment Performance Reports to Council.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

This report does not have direct financial or economic implications. However, monitoring the performance of the development assessment system is an important undertaking given the role of development regulation in the broader economy and the need to minimise costs to business and the community in managing development.

 

Attachments

 

1View. Land Development Approvals Process Review - Final Rport

2View. UTS review - priority recommendations - October 2016 update

 

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

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

                                                                                                                      14/12/2016

 

 

Item:          13.01

 

Subject:     Transfer of Land to Council for Drainage and Sewer Purposes

Presented by:  Corporate and Organisational Services, Rebecca Olsen

 

 

Alignment with Delivery Program

 

5.5.6  Plan, investigate, design and construct stormwater assets.

 

 

 

RECOMMENDATION

 

That Council:

1.       Accept the transfer of land being Lot 87 Deposited Plan 1219489.

2.       Delegate Authority to the General Manager to sign the Land and Property Information Transfer Form.

3.       Pursuant to section 34 of the Local Government Act 1993, commence the procedure to classify Lots 87 and 89 Deposited Plan 1219489 as operational land by placing on public exhibition the proposed resolution “It is intended to classify Lots 87 and 89 Deposited Plan 1219489 (land situated on Boltwood Way, Thrumster) as operational land”, from 30 January 2017 for a minimum period of 28 days.

4.       Note that a further report will be tabled to Council at the March 2017 Ordinary Council meeting, detailing any submissions received from the public during the exhibition period.

 

Executive Summary

 

A report to consider the transfer of lands arising from the development of land at Thrumster.  The lands contain a stormwater detention basin and a sewer pumping station.  As items of public infrastructure, the lands should be held in public (Council) ownership.

 

The lands are required to be classified to meet the provisions set out in the Local Government Act 1993.

 

Discussion

 

Development of the “South Oxley Estate” at Thrumster has necessitated the creation of a stormwater detention basin and provision of a sewer pumping station.  A locality plan showing the location of the lands is attached.

 

The land containing the stormwater detention basin, Lot 89 Deposited Plan 1219489, was able to be dedicated to Council on registration of the plan of subdivision.  It is necessary to classify Lot 89 to satisfy the provisions of the Local Government Act 1993.

 

Under current Land and Property Information procedures however, the land containing the sewer pumping station, Lot 87 Deposited Plan 1219489, was not able to be dedicated to Council on registration of the plan of subdivision.  It is therefore necessary for Lot 87 to be transferred to Council and then classified to satisfy the provisions of the Local Government Act 1993.

 

Options

 

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

 

Community Engagement & Internal Consultation

 

There has been consultation between the developer of the “South Oxley Estate” and staff of the Infrastructure Services Division and Corporate and Organisation Services Division.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The developer of the “South Oxley Estate” has prepaid the nominal costs involved in the land transfer and land classification process.

 

Attachments

 

1View. Aerial Photograph Depicting Lands to be Classified

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          13.02

 

Subject:     Town Centre Master Plan Sub-Committee Charter

Presented by:  Infrastructure and Asset Management, Jeffery Sharp

 

 

Alignment with Delivery Program

 

5.2.1  Plan and implement traffic and road safety programs and activities addressing pedestrian, cyclist and vehicular needs.

 

 

 

RECOMMENDATION

 

That Council adopt the amended draft Town Centre Master Plan Sub-Committee Charter.

 

Executive Summary

 

This report tables an amended draft Town Centre Master Plan Sub-Committee Charter incorporating changes made following a review of Council’s Steering Group and Committee Charters to provide greater consistency of operation across each.

 

Discussion

 

At the Ordinary Council meeting held on 16 November 2016, Council resolved to:

 

In accordance with Resolution 2 above, a review of the Steering Group Charters has now been undertaken and suggested amendments have been reported separately to the December 2016 Ordinary Council meeting - see report titled “Council Steering Group Amendments”.

 

At the Ordinary Council meeting held on 16 November 2016, Council also resolved under ‘Item 9.04 Councillor Membership to Committees, Groups and Boards’:

RESOLVED:  Besseling/Intemann

 

That Council:

1.       Appoint appropriate Councillor representation to the following currently established Committees, Groups and Boards:

 

Committee / Steering Group

 

Councillor Representation

Airport Advisory Group

Clr J Levido

Arts Mid North Coast Board

Clr R Turner

Audit, Risk & Improvement Committee

Clr L Intemann

Clr G Hawkins

Australia Day Sub-Committee

Clr S Griffiths

Coast, Estuaries & Floodplain Sub-Committee

Clr M Cusato

 

Local Traffic Committee / Local Development Committee (Traffic)

Deputy Mayor

Mayor’s Sporting Fund Sub- Committee

Mayor

Port Macquarie-Handa Sister City Sub-Committee

Clr L Dixon

 

Port Macquarie-Hastings Access Sub-Committee

Clr P Alley

 

Port Macquarie-Hastings Economic Development Steering Group

Clr R Turner

 

Town Centre Master Plan Sub-Committee

Clr G Hawkins

Clr M Cusato

 

2.       Dissolve the Glasshouse Sub-Committee and request that the General Manager thank in writing, each of the independent members of the Sub-Committee for their support and contributions.

3.       Request the General Manager table a report at the 15 February 2017 Council meeting providing a review and future options for:

a)      Heritage, Arts and Cultural Priorities Advisory Group

b)      Aboriginal Advisory Committee

c)      Implementation and monitoring of the Glasshouse Strategic Plan, particularly in relation to the objectives of the Cultural Plan.

d)      PMHC Youth Advisory Committee

e)      Mid North Coast Co-operative Library Committee

4.       Request the General Manager undertake a review of the Town Centre Master Plan Sub Committee Charter, with a report to be tabled at the 14 December 2016 Council Meeting.

5.       Request the General Manager undertake a review of the Audit, Risk and Improvement Committee Charter to ensure alignment with recent legislation, with a report to be tabled at the 15 March 2017 Council Meeting.

6.       Request the General Manager undertake a review of the Airport Advisory Group Charter, with a report to be tabled at the 14 December 2016 Council Meeting.

7.       Request the General Manager undertake a review of the following Committees in an effort to achieve a more streamlined approach to such civic event committees, with a report to be tabled at the 15 February 2017 Council meeting:

-     Australia Day Sub-Committee;

-     Mayor’s Sporting Fund;

-     Port Macquarie-Handa Sister City Sub-Committee.

8.       Consider alternate Chairs for Committees to be brought to the February 2017 Council meeting.

carried:      8/1

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

Against:       Griffiths

 

In accordance with this resolution, a review has been undertaken of the Town Centre Master Plan Sub-Committee Charter, taking into consideration the suggested amendments to other Charters for consistency.

 

The amended draft Charter as attached to this report remains consistent with the previously adopted Charter in terms of the objectives and purpose of the Town Centre Master Plan Sub-Committee with the changes predominantly dealing with governance and administrative arrangements.

 

The membership of the Town Centre Master Plan Sub-Committee has also been amended, noting that the amended draft Charter includes membership for external parties to be determined by Council resolution through a formal, annual, Expression of Interest process. The amended draft Charter membership also indicates a change in representation of Council staff due to the restructure of Council Divisions, this change will better represent the operational functions of the Town Centre Master Plan Sub-Committee.

 

Options

 

Council has the option to either adopt the recommendations of this report, to amend, or not to adopt.

 

Community Engagement & Internal Consultation

 

Internal consultation has been undertaken with:

·    General Manager;

·    Director Infrastructure and Asset Management;

·    Director Community and Economic Growth;

·    Group Manager Infrastructure Delivery; and

·    Group Manager Recreation and Buildings.

 

Planning & Policy Implications

 

Strategic advice and recommendations to Council from the Town Centre Master Plan Sub-Committee will assist in the ongoing revitalisation of the Port Macquarie CBD, consistent with the adopted Port Macquarie Town Centre Master Plan (1992 and reviewed 2014).

 

Financial & Economic Implications

 

There are no direct financial implications as a result of this report, the independent external members are volunteers and no financial reward is offered to these positions; however the strategic advice and recommendations from the Sub-Committee will assist Council in ensuring that ongoing revitalisation of the Port Macquarie CBD is undertaken in a prudent and cost effective manner.

 

While the Town Centre Master Plan Sub-Committee may advise and make recommendations to Council with regard to the strategic direction of the CBD, all recommendations that commit Council to the expenditure of funds or commit Council to a particular outcome or course of action will be referred to the relevant Director, who will determine under delegation, the process for implementation.  Where necessary, the recommendation will be the subject of a report to Council, for Council to make a formal determination and resolution on the issue.

 

Attachments

 

1View. draft Town Centre Master Plan Sub-Committee Charter

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          13.03

 

Subject:     Recommended Item from Local Traffic Committee - 2017 NSW Junior State Cup Touch Football Championships

Presented by:  Infrastructure and Asset Management, Jeffery Sharp

 

 

Alignment with Delivery Program

 

5.2.1  Plan and implement traffic and road safety programs and activities addressing pedestrian, cyclist and vehicular needs.

 

 

 

 

RECOMMENDATION

 

That Council approve the temporary road closures and traffic management arrangements associated with NSW Junior State Touch event between 17-19 February 2017, subject to the following conditions:

1.       That the event organiser advertise, at no cost to Council, the following details of all temporary road closures and temporary parking restrictions associated with this event in the local print media on separate days, at least twice (2) within 14 days prior to the event:

·        temporary road closure times

·        duration of the temporary road closures

·        temporary parking restrictions times and duration.

·        alternative routes and access arrangements.

2.       That the event organiser advertise the event by undertaking a letter box drop to all residents and businesses directly affected by the temporary road closures and temporary parking restrictions at least 14 days prior to the event, advising the following:

·        event name

·        event times

·        contact details of at least two (2) people involved in the organisation of the Event, in case of an emergency

·        proposed actions to be undertaken to mitigate the impact of the temporary road closures and temporary parking restrictions.

3.       That the Traffic Management Plan dated 7 November 2016 and associated Traffic Guidance Scheme dated 13 October 2016 be implemented. Any modifications to the plans must be agreed with Council prior to the running of the event.

4.       That the event organiser abides by the written approval from the NSW Police.

5.       That the event organiser notify the NSW Ambulance, NSW Fire & Rescue and the State Emergency Service of the proposed road closures at least 14 days in advance of the event.

6.       That the event organiser notifies local Transport Services (Bus Companies, Taxis) of the proposed road closures at least 14 days in advance of the event.

7.       An RMS accredited (Yellow card) person is to be used for the establishment and removal of the traffic control devices.

8.       RMS accredited traffic controllers (Blue card) are to be used to control traffic.

9.       That the event organiser abides by any other condition that Council and the Police may impose at any time.

10.     That the event organiser submit to Council 14 days prior to the commencement of the event evidence of Public Liability Insurance for the amount of $20 million, which is valid for the duration of the event, including placement and removal of traffic control devices.

11.     The event organiser must have this approval and the Traffic Management Plan and Traffic Guidance Scheme described above on site at all times for the duration of the event.

 

Executive Summary

 

The Local Traffic Committee met on 23 November 2016, reached unanimous support on Item 07 (attached) and now submits the above recommendation for Council consideration.

UNANIMOUS SUPPORT:

Council – Y

RMS – Y

Police – Y

Member for Oxley (Rep) - A  

Member for Port Macquarie - A

 

Attachments

 

1View. Item 7 Local Traffic Committee 2016 11 23

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          13.04

 

Subject:     Small Villages Pedestrian Access and Mobility Plan

Presented by:  Infrastructure and Asset Management, Jeffery Sharp

 

 

Alignment with Delivery Program

 

5.1.1  Plan, investigate, design and construct road and transport assets which include pedestrian, cyclist and vehicular needs.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained in the report relating to preparation of the Draft Small Villages Pedestrian Access and Mobility Plan.

2.       Exhibit the Draft Small Villages Pedestrian Access and Mobility Plan for the period 16 January 2017 to 24 February 2017.

 

Executive Summary

 

Council is currently developing a Small Villages Pedestrian Access and Mobility Plan. The purpose of this report is to advise Council of current progress, and to seek approval for public exhibition of the Draft Report.

 

Discussion

 

A Pedestrian Access and Mobility Plan (PAMP) is a strategic action plan to assist in the coordinated approach to delivering key pedestrian infrastructure. A PAMP was adopted in 2015 for the following main urban areas of the Port Macquarie-Hastings local government area:

 

·    Port Macquarie town centre

·    Port Macquarie East

·    Settlement City precinct

·    Wauchope town centre

·    Lake Cathie village centre

·    Bonny Hills village centre

·    North Haven village centre

·    Laurieton town centre

·    Kew village centre

·    Kendall village centre

 

The 2015 PAMP identified the need to develop similar plans for various small villages. The current Small Villages PAMP covers the following five urban areas:

 

·    Beechwood

·    Comboyne

·    Long Flat

·    North Shore

·    Telegraph Point

 

The specific objectives of the Small Villages PAMP are to:

 

·    Provide a planning framework for the necessary infrastructure to provide for a safer and more comfortable walking environment.

·    Improve the level of pedestrian access in urban locations.

·    Reduce pedestrian access severance by providing safe and convenient crossing opportunities of major roads.

·    Identify infrastructure works that can be implemented as part of Council’s future delivery and operational plans.

·    Provide a focus for Council to source funds from other levels of government.

 

The focus of the Small Villages PAMP is on the two most critical types of pedestrian facilities - footpaths and road crossings.

 

The PAMP is a strategic document that will provide guidance for the ongoing development of the pedestrian network in the five small villages. The proposed infrastructure plan does not represent a financial commitment from Council to construct any or all of the identified works. The plan will be considered as Council develops future works programs. The plan will also be used to prepare grant funding applications such as the NSW Government’s Active Transport program.

 

Options

 

Council has previously committed to the preparation of a Small Villages PAMP and public exhibition of the draft plan is required before it can be finalised.

 

Community Engagement & Internal Consultation

 

Council staff conducted pedestrian planning workshops at Beechwood, Comboyne, Long Flat, North Shore and Telegraph Point in October 2016 with a total attendance of about 45 community members.

 

The purpose of the workshops was to listen to the community that utilise footpaths and the pedestrian network. This will assist Council in developing a plan that addresses the barriers to people getting around, and ensure better pedestrian infrastructure, such as footpaths and safe crossings, is provided at critical locations.

 

The community was also given the opportunity to provide comments via Council’s pmhclistening website.

 

The Draft Small Villages Pedestrian Access and Mobility Plan will be publicly exhibited in 2017 and a Final Plan will be presented for consideration by Council at a subsequent Council meeting.

 

Planning & Policy Implications

 

There are no planning or policy implications as a result of this report. However, it is anticipated that future planning of infrastructure projects, such as road upgrades, will need to consider any future adopted plan.

 

Financial & Economic Implications

 

There are no financial and economic implications at this stage. However, it is anticipated that should the Final PAMP be adopted, works will be considered for more detailed investigations and inclusion in future Delivery Programs and Operational Plans.

 

Attachments

 

1View. Small Villages Pedestrian Access and Mobility Plan - Draft Report

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          13.05

 

Subject:     Port Macquarie Town Centre - Pedestrian Facility Investigations

Presented by:  Infrastructure and Asset Management, Jeffery Sharp

 

 

Alignment with Delivery Program

 

5.1.1  Plan, investigate, design and construct road and transport assets which include pedestrian, cyclist and vehicular needs.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained in the report titled Port Macquarie CBD – Pedestrian Facility Investigations.

2.       Undertake further detailed investigations and develop concept plans for the proposed treatments contained within the report.

3.       Undertake a community engagement program in relation to the proposals including the wider community as well as specific stakeholders such as the Access Sub-Committee, Town Centre Master Plan Sub-Committee and Port Macquarie Chamber of Commerce, following the detailed investigation and development of concept plans.

4.       Request a report be presented to a future Council meeting detailing the outcomes of the community engagement program and any future actions.

 

Executive Summary

 

The purpose of this report is to summarise the findings of an investigation undertaken into pedestrian facilities in Port Macquarie Central Business District (CBD) and seek Council approval to undertake further detailed investigations and concept planning for the purpose of engaging with community and key stakeholders on the matters raised through the study.

 

Discussion

 

Traffic management of a town centre environment must seek a balance between the often competing needs of both motorised and non-motorised traffic and pedestrians in particular. There are areas of Port Macquarie CBD where vehicular traffic and parking facilities tend to have priority over pedestrian movement and Council is investigating the issues in relation to this imbalance.

 

Council received funding from Roads and Maritime Services to undertake a Port Macquarie CBD – Pedestrian Facility Investigations study. The purpose of the study was to review the current arrangements for pedestrians in the Port Macquarie CBD at both mid-block and intersection locations.

 

Key findings and recommendations of the study are summarised below.

 

Gordon Street and Horton Street intersection (roundabout)

Issues:

·    Poor pedestrian connectivity, pedestrian crash history

·    Key pedestrian connection to south from CBD

·    Small diameter roundabout carrying large volumes of traffic, congestion, crash history

Recommendation:

·    Convert roundabout to signals with pedestrian crossings on all three legs

·    Signals will provide safer and better pedestrian connectivity and increase traffic capacity.

 

Gordon Street and Hollingworth Street intersection (roundabout)

Issues:

·    Poor pedestrian connectivity and sight distances

Recommendation:

·    Install pedestrian refuge, kerb ramps and footpath connections on eastern Gordon Street approach to roundabout

 

Horton Street & Hayward Street intersection (roundabout)

Issues:

·    Noted desire for pedestrians to cross at this location, poor existing amenity with restricted viability in parts.

·    Large pedestrian crossing distances at roundabout increases exposure distance.

·    The wide kerb promotes faster vehicle speeds which were noted turning left from Horton Street to Hayward Street heading west.

Recommendations:

·    Pedestrian refuge on western approach

·    Kerb build outs, kerb ramps and associated line marking

 

Horton Street & William Street intersection (traffic signals)

Issues:

·    No significant issues identified

Recommendations:

·    Retain existing traffic signals.

 

Horton Street between Clarence Street and William Street

Issues:

·    High pedestrian crossing volumes

·    Limited visibility in parts due to parked cars

·    Limited amenity for people with prams, wheelchairs etc as most crossing movement occurs between parked cars

Recommendations:

·    Install two raised pedestrian zebra crossings at key crossing desire lines to improve amenity, including associated signage, line marking, parking changes and lighting

 

Clarence Street & Horton Street intersection

Issues:

·    No significant issues identified

·    Deliberate ambiguity was seen to work quite well

Recommendations:

·    Retain existing intersection form

·    Ensure line marking, signage, vegetation and lighting upkeep.

 

Clarence Street & Short Street intersection

Issues:

·    Proximity of the west bound hold line causes queuing across the zebra crossing and increased conflict with pedestrians.

·    Substandard lighting reduces visibility and may increase likelihood of a crash

·    Vegetation restricts visibility on south west corner.

Recommendations:

·    Improve zebra crossing lighting in line with Australian Standards

·    Vegetation maintenance

·    Minor line marking and signage alterations

 

Short Street Midblock zebra crossing

Issues:

·    Substandard lighting reduces visibility and may increase likelihood of a crash.

Recommendations:

·    Review and upgrade zebra crossing lighting in line with Australian Standards

 

Short Street & William Street intersection (roundabout)

Issues:

·    Large pedestrian crossing distances at roundabout increases exposure distance.

·    Wide kerbs promote faster vehicle speeds through the intersection

Recommendations:

·    Reconfigure to provide short ancillary turn lanes on approach

·    Reduction of pedestrian crossing location to one lane

·    Kerb blisters, pedestrian refuges and better defined pedestrian paths

 

Short Street & Hayward Street intersection (roundabout)

Issues:

·    Strong pedestrian desire line at this location but conflict between pedestrian and vehicles exiting roundabout.

Recommendations:

·    Pedestrian zebra crossing on eastern approach including associated signage and lighting

 

William Street & Hay Street intersection

Issues:

·    No significant issues identified although large pine trees reduce visibility

 

Clarence Street & Hay Street intersection

Issues:

·    Substandard lighting reduces visibility and may increase likelihood of a crash.

Recommendations:

·    Review and upgrade zebra crossing lighting in line with Australian Standards

 

CBD High Pedestrian Activity 40km/h Speed Zone

Issues:

·    Relatively high traffic speeds for CBD environment

·    Pedestrian amenity within the CBD and driver expectation

Recommendations:

·    Implement high pedestrian activity area 40km/h speed limit

·    Erect signage and line marking to advise of change to speed and road environment.

·    Undertake education and community awareness campaign to ensure understanding and maximum effectiveness of 40km/h zone.

 

Options

 

Council may choose to endorse the proposed course of action as noted in the recommendations of the report or adopt an alternative course of action.

 

Community Engagement & Internal Consultation

 

Internal Consultation has taken place with:

 

·    Director Infrastructure and Asset Management

·    Group Manager Transport and Stormwater Network

·    Design Manager

·    Senior Landscape Architect

·    Place Facilitator - Aged & Disability

 

It is now proposed through the recommendations of this report to undertake detailed investigations and develop concept designs that can then be utilised for external consultation with the broader community and key stakeholders including the Access Sub-Committee, Town Centre Master Plan Sub-Committee and Port Macquarie Chamber of Commerce.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report. However, it is anticipated that future planning of infrastructure projects, such as traffic management measures or upgrades, will need to consider the recommendations of the plan and outcomes of the subsequent community engagement.

 

Financial & Economic Implications

 

There are some financial implications in relation to this report with regard to the funding of the detailed investigation and development of concept designs. Works will be managed through a mix of funded operational staff costs, with external costs funded through the Additional Design Works Funding (Operational Plan 5.1.1.1(c) Miscellaneous Design Works), which has budget allocated within the current financial year.

 

It is also anticipated that some of the outcomes of this project will be considered for detailed design and inclusion in future Delivery Programs and Operational Plans.

 

Attachments

 

1View. Port Macquarie CBD Pedestrian Facility Investigations - AECOM Report

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          13.06

 

Subject:     Southern Arm Trunkmain Easement

Presented by:  Infrastructure and Asset Management, Jeffery Sharp

 

 

Alignment with Delivery Program

 

5.5.1  Plan, investigate, design and construct water supply assets.

 

 

 

RECOMMENDATION

 

That Council:

1.       Delegate to the General Manager the authority to enter into construction licence and easement conditions by completing the necessary documentation from National Parks & Wildlife Service for the construction of the Southern Arm Trunk Main section adjacent to Houston Mitchell Drive, subject to consideration of final conditions and clauses.

2.       Delegate to the General Manager the authority to sign the Letter of Authority from Forestry Corporation NSW for the construction of the Southern Arm Trunk Main section adjacent to Houston Mitchell Drive, subject to consideration of final conditions and clauses.

 

Executive Summary

 

Realignment of existing easements adjacent to Houston Mitchell Drive through land under the care and control of the National Parks & Wildlife Service (NPWS) and Forestry Corporation NSW (FCNSW) are required to progress the construction of the Southern Arm Trunk Main (SATM).

 

This report deals with the circumstances requiring the realignment and requests delegation be provided to the General Manager to sign the necessary documentation from NPWS and FCNSW for the construction of the SATM section adjacent to Houston Mitchell Drive, with due to consideration of final conditions and clauses.

 

Discussion

 

The original SATM design was completed in the mid 1990’s and consisted of an alignment that generally followed Houston Mitchell Drive. The proposed pipeline did deviate from the road in several locations in order to straighten the alignment and avoid some sharp road bends.

 

Since the original SATM design, FCNSW have handed the majority of land adjacent to the proposed works to NPWS, with the exception of a small area near the Pacific Highway and a small section near Ocean Drive which is privately owned. NPWS preferred to separate the road corridor and SATM easement to improve connectivity for fauna. This new alignment also provided Council with the opportunity to further simplify the route of the pipeline by straightening the alignment, thereby reducing the number of bends and improving overall pipeline efficiency.

 

Due to the above point, a new alignment for the SATM has been discussed over a number of years with both NPWS and FCNSW. Extensive ecological assessment was undertaken over the new route to ensure that the objectives of all parties were achieved. This alignment is offset from the Houston Mitchell Drive road corridor (approximately 30-50m to the south). This alignment has recently been assessed in the Review of Environmental Factors (REF) including consultation with the NPWS.

 

The new alignment centreline has been pegged by Hopkins Consultants, a further ecological study has been undertaken by Naturecall Environmental and a heritage assessment completed by Niche Environment and Heritage as part of the REF.  One REF has been completed by SMEC for both the Houston Mitchell Drive upgrade and the SATM (the new alignment), dated May 2015. The Houston Mitchell Drive upgrade is a separate project that has occurred independently of the SATM works.

 

Following the above works and to formalise the easement realignment, a proposed construction licence was received from NPWS on 22 September 2016, without objection to the easement realignment. The licence included the proposed Easement Conditions. Several clauses were negotiated by Council’s Water & Sewer section and a revised construction licence (including easement terms) was received from NPWS on 14 October 2016. It is noted that compensation was previously paid by Council to FCNSW (previous owner of the land now owned by NPWS) for the easement. NPWS have agreed that PMHC is not liable for further compensation to be paid. The conditions of the licence mainly impact on the clearing and construction phases of the project.

 

Also, FCNSW’s Land Administrator - Forest Stewardship - provided written advice on 31 May 2016 that there were no FCNSW objections to the easement realignment. A subsequent ‘Letter of Authority’ was received from FCNSW on 13 October 2016 granting clearing to occur within the easement and outlining general conditions. FCNSW will require compensation for any timber recovered.

 

Upon receipt of the above documents, Council sought opinion on the legal wording of the documents from Council’s retained legal service provider, Marsdens Law Group. Marsdens advice was that the documents are generally acceptable, with some minor wording changes to clarify some ambiguities especially in relation to the interaction between the NPWS construction license and the enduring easement conditions.

 

Final negotiation of legal wording of the documents is currently being finalised between legal representative of all parties.

 

In order to allow the SATM project to progress, this report requests delegation be provided to the General Manager to sign the necessary documentation from NPWS and FCNSW for the construction of the SATM section adjacent to Houston Mitchell Drive, with due to consideration of final conditions and clauses.

 

Options

 

Council has the option of not entering into construction licences and easement conditions with NPWS and FCNSW however this would delay the installation of a critical part of the future water supply strategy for the LGA.

 

Community Engagement & Internal Consultation

 

There has been significant engagement and consultation with NPWS and FCNSW over the course of this project, as outlined above. There has also been significant engagement completed between Council’s Water & Sewer section and Infrastructure Delivery section on all facets of this project and the production of this report.

 

Should Council resolve to proceed with the construction licences and easement realignment subsequent to construction, further engagement will be completed in accordance with the current project plans.

 

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. Forestry Corporation NSW - Letter of Authority - 13 Oct 2016

2View. Draft Construction Licence - National Parks & Wildlife Service NSW - Queens Lake State Conservation Area

3View. Draft Attachment A - Easement Conditions - National Parks & Wildlife Service NSW - Queens Lake State Conservation Area

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          13.07

 

Subject:     Planning Proposal - Homedale Road, Kew

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

5.4.1  Plan settlements to accommodate a range of compatible land uses that meets projected population growth for new and existing developments.

 

 

 

RECOMMENDATION

 

That Council:

1.       Prepare a planning proposal pursuant to section 55 of the Environmental Planning and Assessment Act 1979 in relation to part of Lot 202 DP 1133171, Homedale Road, Kew for residential 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 and 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 Environment 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.       Note that a further report will be presented to Council following the public exhibition period to demonstrate compliance with the Gateway Determination and to provide details of any submissions received throughout that process.

 

Executive Summary

 

This report considers a planning proposal from GEM planning consultants for a proposed rezoning of land on the western edge of Kew to permit an extension of the adjoining Links Residential Estate, including a buffer to regionally significant farmland and the protection of a site of indigenous heritage and significant vegetation.

 

It is recommended that Council proceed with the preparation of a planning proposal for the site and seek a Gateway Determination from the NSW Department of Planning and Environment. 

 

This recommendation is made subject to part of the site being rezoned to Zone E2 Environmental Conservation, instead of E3 Environmental Management as suggested by the proponent, in addition to further investigations regarding noise impacts as described in this report.

Discussion

 

 

Located on the western edge of Kew, the subject site comprises the residue lot of the Links Residential Estate to the east and unformed Crown road reserve on the western boundary. The site has an area of approximately 9.3ha and is currently zoned RU1 Rural and R1 General Residential, as illustrated below.

 

 

A planning proposal has been received from GEM Planning consultants seeking to extend the R1 General Residential zone over 5.7ha of the site to enable future development for approximately 45 residential lots, including a residue area that is proposed to be zoned E3 Environmental Management.  A copy of the planning proposal is at Attachment 1 to this report. 

 

The residue area is proposed to provide a separation buffer to regionally significant farmland adjoining to the west and includes flood-affected land, a site of indigenous significance, riparian buffer area, an endangered ecological community and mapped regionally significant farmland (in part). 

 

The planning proposal includes an indicative lot layout showing the intended land use outcomes together with plans to demonstrate that road, sewer, water and stormwater infrastructure can be provided to service future development.  Specialist studies in support of the proposal include ecological and agricultural assessments.  These studies, which are based on an earlier concept plan, suggest that the proposal will have a negligible impact. 

 

Key considerations in the assessment of the proposal are discussed below.

 

Regionally significant farmland

The western boundary of the subject site contains the fringe of a much larger expanse of mapped regionally significant farmland to the west.

 

An Agricultural Land Use Assessment, prepared on behalf of the proponent by MNC Agronomy Pty Ltd, concluded that the proposed rezoning of the mapped farmland area, which comprises a narrow band of 1.78ha, would have no significant impact on the agricultural production value of the region.  Additionally, it was concluded that because the subject site contains poor quality soils (including the mapped farmland area), it was neither economically nor environmentally sustainable to use the land for primary production purposes now or in the future.

 

The MNC report recommended that the 22m wide Crown road reserve be used to provide a buffer between future residential development and the adjoining regionally significant farmland to the west.  Based on a more recent Land Use Conflict Risk Assessment prepared by the proponent however, a 50m wide buffer is now proposed extending approximately 415m from the southern boundary.

 

As previously noted, this buffer coincides with a site of indigenous heritage, an Endangered Ecological Community, riparian buffer area, flood-affected land and a proposed stormwater detention basin.  It also includes the majority of mapped regionally significant farmland on the site.

 

The proponent has suggested than an E3 Environmental Management zone apply to this area of the site.  An E3 zone is considered reasonable, with the exception of the Aboriginal heritage site and riparian buffer area as discussed below.

 

A 22m wide buffer via Crown road reserve is proposed for the remainder of the western boundary extending to Kendall Road.  The planning proposal notes that this area of the adjoining property is dominated by dwelling infrastructure (sheds, houses etc) and being such a small part of the farm cannot contribute significantly to any agricultural production system.  In addition, a bulk storage (temporary fencing) business operates from this area of the adjoining site approved under DA 2009/93 on  29 May 2009.

 

If Council decides to progress a planning proposal, consultation will occur with the Department of Primary Industries concerning the agricultural aspects of the proposal and the adequacy of the proposed buffers, prior to public exhibition.

 

Aboriginal heritage

The local indigenous community has previously identified an area of 2,000m2 in the southwest of the subject site as having significant cultural value. It is proposed to fence this area in accordance with earlier correspondence from the Bunyah Local Aboriginal Land Council, dated 17 September 2004. 

 

The proponent has also suggested that this area of the site be zoned E3 Environmental Management for ongoing protection.  Under the circumstances it is considered that the E2 Environmental Conservation would be more appropriate and would prohibit a range of uses, including dwelling houses, which are otherwise permissible with consent in the E3 zone. 

 

Therefore, should Council decide to progress a planning proposal, it is recommended that an E2 zone be applied to the cultural heritage site.  Further consultation will need to be undertaken with the Bunyah Local Aboriginal Land Council, the NSW Aboriginal Land Council and the NSW Office of Environment and Heritage.

 

Flora and fauna

A Preliminary Vegetation Assessment Report, prepared on behalf of the proponent by FloraFauna Consulting, noted that the majority of the site was cleared with seven small isolated patches of remnant vegetation remaining.  No visible hollow bearing trees were recorded in any of these areas.

 

The largest area of remnant vegetation, connected to riparian vegetation associated with a small watercourse on the adjoining land to the west, was identified as an Endangered Ecological Community (EEC) Swamp Oak - Mixed Eucalypt Coastal Floodplain Wetland Forest Complex. 

 

This EEC is located in the south western corner of the subject site and is proposed to be zoned E3 Environmental Management as part of a 40m wide riparian buffer to the adjoining watercourse.  It is recommended that the riparian buffer be zoned E2 Environmental Management, consistent with Council’s normal practice.  A Vegetation Management Plan will be required at the subsequent development application stage.

 

Two preferred Koala food tree species were identified within the subject site. The flora and fauna study revealed that the Eucalyptus microcorys and Eucalyptus robusta species comprised less than 15% of the total number of trees in the upper and lower strata of the tree component within the site. The flora and fauna study also states that no scats or evidence of Koala activity were observed during field surveys undertaken as part of the flora and fauna study, indicating a low likelihood that Koalas frequent the site.

 

It is considered that the flora and fauna information that has been submitted to date in support of the rezoning is adequate to progress a planning proposal. It is proposed to consult further with the NSW Office of Environment and Heritage in relation to this aspect of the proposal.

 

Flooding

 

Apart from a small area of Crown road reserve, land affected by the 1:100 year flood is contained within the proposed Zone E2 and E3 areas of the site.  Also, aside from a small area on the western edge of two lots shown on the proponent’s plans in the south of the site, the proposed R1 area is not flood prone.

 

Noise

The potential for traffic noise impact to future residents living in close proximity to Kendall Road is recognised as an issue that requires further detailed investigation to determine whether any acoustic treatment of this edge is required.  The proponent has offered to commission an acoustic assessment prior to public exhibition of the planning proposal.  The assessment will also include consideration to the impact of the approved bulk storage (temporary fencing) business that operates on the adjoining land in close proximity to the north western boundary of the subject site.

 

Options

 

Council’s options are:

1.   To resolve to prepare a planning proposal based on the information provided by the proponent with amendments as described in this report and send it to the NSW Department of Planning and Environment to request a Gateway Determination.

2.   To resolve to prepare a planning proposal differently to that described in this report and send it to the NSW Department of Planning and Environment to request a Gateway Determination.

3.   To resolve not to support the preparation of a planning proposal for the land.

 

Option 1 is recommended.

 

Community Engagement & Internal Consultation

 

Should the proposal be supported, the NSW Department of Planning and Environment’s Gateway Determination will specify consultation requirements with State agencies and the general public. 

 

Internal consultation has occurred with Council’s flooding, transport and stormwater, bushfire, environment and infrastructure sections.  

 

Planning & Policy Implications

 

The site was considered and prioritised with other site specific proposals in a report to Council dated 20 August 2014.  Whilst the site is not identified for urban expansion in the Port Macquarie-Hastings Urban Growth Strategy 2011, the proposal is considered to be consistent with the Sustainability Criteria of the Mid North Coast Regional Strategy and subject to further detailed investigations as outlined in the report, it is proposed to proceed to exhibition.

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Planning Proposal

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          13.08

 

Subject:     Draft Yippin Creek Structure Plan - consideration of submissions & re-exhibition

Presented by:  Development and Environment Services, Matt Rogers

 

 

Alignment with Delivery Program

 

5.4.1  Plan settlements to accommodate a range of compatible land uses that meets projected population growth for new and existing developments.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the submissions to the draft Yippin Creek Structure Plan as discussed in this report and contained in Attachment 2.

2.       Place the revised draft Yippin Creek Structure Plan, as described in this report, on public exhibition between 30 January 2017 and 28 February 2017.

3.       Advise all persons who have previously made submissions and who own land within or adjoining the Yippin Creek Structure Plan Area regarding the public exhibition of the revised draft Plan.

4.       Note that a further report will be presented to the March 2017 meeting of Council, detailing the submissions received as a result of the re-exhibition period.

 

Executive Summary

 

At its meeting on 15 June 2016 Council resolved to exhibit the draft Yippin Creek Structure Plan.  The draft Plan was exhibited for public comment for 28-days between June and July 2016.  A total of 15 submissions were received. 

 

The purpose of this report is to consider the submissions received, including a suggested additional area of residential development in the northeast of the Structure Plan area. 

 

Following assessment of the submissions, it is proposed to include the additional area of residential development in the northeast as part of the Structure Plan.  This is a significant revision to the previously exhibited draft Structure Plan and it is therefore important that Council provide an opportunity for the community to comment on this proposed change.

 

It is proposed that a revised draft Structure Plan be exhibited to enable the community and State agencies to view and comment on the proposed revision before to a final decision is made.

 

Should Council resolve to support the proposed revision as outlined in this report, an amended draft Structure Plan would be placed on public exhibition for 28 days commencing late-January 2017.  It is anticipated that a further submissions report would be presented to Council in March 2017.

 

Discussion

 

 

The Structure Plan Area

The Yippin Creek Structure Plan Area is located on the western edge of Wauchope and covers an area of approximately 170 hectares.  The site contains farmland (mostly grazing), undeveloped bushland, rural-residential dwellings and the Mount Seaview spring water business. 

 

Ownership is fragmented (42 owners) with the majority of smaller properties (< 3ha) located off Woodland Grove and Rosella Place in the northeast.  The central part of the site comprises mid-sized lots (approx 10ha) and two larger properties (approx 20ha) form the western boundary.  In the southwest, a manufactured housing estate (323 house sites) has been approved for construction.

 

Adjoining residential land releases include the Timbertown Estate to the south and the Glenview Estate to the east.

 

Draft Structure Plan overview

The preparation of a Structure Plan for Yippin Creek is identified in the Port Macquarie-Hastings Urban Growth Management Strategy 2011 with a key objective of providing for projected urban growth around Wauchope during the period up to 2031.

 

The draft Yippin Creek Structure Plan (at Attachment 1) was made available for community and State government agency consultation from 22 June to 22 July 2016. The draft Plan was prepared with the vision to create ‘a well-planned urban community, which respects and reflects its unique natural setting, sustains a connected and healthy community and provides a valued addition to the town of Wauchope’.

 

In summary, the draft Structure Plan includes:

·    areas for potential rezoning to provide for a range of residential development including general residential, rural-residential and environmental living

·    retention and enhancement of high value vegetation and habitat to protect the area’s important biodiversity and waterways

·    provision for new public open space, improved connections for pedestrians and cyclists, and opportunities for public transport, and

·    infrastructure works to support the forecast population growth (approximately  2,200 people).

 

An extract from the draft Plan showing the summary map is below.

 

 

Public exhibition and submissions

A total of 15 submissions were received in response to the draft Structure Plan exhibition.  Approximately half were from landowners and the community and the remainder from State government agencies.  A copy of all submissions is provided in Attachment 2 to this report.

 

The majority of landowners’ submissions requested consideration about the area of residential potential identified for their land.  Other issues raised in the submissions related to the adequacy and future management of proposed environmental lands, the density and character of future development, capacity of infrastructure (i.e. roads, water, sewer) and development assessment related matters. 

 

A summary of all submissions and a planning response to the issues raised is provided in the Community Engagement & Internal Consultation section of this report.  The key issue raised by landowners relating to the extent of residential potential recommended in the draft Plan is discussed below.

 

Discussion

 

·    Residential potential

One group submission has been received from landowners in the northeast of the Structure Plan Area (sites numbered 1 - 5), seeking consideration to their land as ‘potential residential’ instead of ‘existing rural residential living’ as exhibited. 

 

Individual submissions  have also been received in relation to sites 6 - 8, requesting consideration of residential potential on these properties.

 

 

Comment:

The exhibited draft Structure Plan has concentrated proposed future residential development in the relatively low constraint and unfragmented parts of the study area, recognising that these areas provide the greatest potential for coordinated subdivision and future development. 

 

The existing rural residential subdivision to the east of Yippin Creek Road was proposed to be retained as a rural residential estate in the exhibited draft Structure Plan given that it is fragmented due to past subdivision and it contains scattered areas of significant vegetation, including hollow-bearing trees.

 

Redevelopment of the rural residential estate was not proposed as this would require a high level of coordination in relation to infrastructure upgrades and environmental offsets.  Such coordination is unlikely to be achieved in practice and it was proposed to retain the existing character of the area for residents who have located in that area due to its lower density, rural residential character. 

 

Therefore, apart from one unconstrained lot at the eastern end of Rosella Place (immediately adjoining the Glen View Estate), the exhibited draft Plan recommends that existing rural-residential land uses in this area be retained, reflective of the level of fragmentation and ecological constraint that exists. 

 

Land in the central north of the draft Structure Plan Area contains remnant native vegetation in good condition, numerous hollow-bearing trees, riparian areas and a potential occurrence of Subtropical Coastal Floodplain Forest, which is listed as an Endangered Ecological Community under the NSW Threatened Species Conservation Act 1995.  Additionally, a small area of this site (just under 1ha) is subject to inundation in the event of a 1:100 year flood.

 

The majority of this land is identified in the exhibited draft Plan as ‘environmental conservation area’, reflective of its biodiversity values.  A small area of potential residential is identified in conjunction with two adjoining properties, subject to further detailed environmental investigations and suitable vegetation offset arrangements prior to rezoning. 

 

In light of the above, it is considered that properties numbered 6 and 7 have limited development potential for residential uses and it is proposed to retain these properties as part of the rural residential estate in the long term.

 

Property No 8 contains significant high value environmental land, which should also be retained in the long term.  However, as shown in the exhibited draft Structure Plan, there are parts this property which have development potential in conjunction with adjoining land and it is proposed to continue to show these areas as having potential for future residential development.

 

With respect to properties numbered 1 to 5, it is considered that some merit may exist for the relatively cleared areas of these sites (approx. 6ha in total) to be identified as potential residential, excluding land subject to flooding.

 

Opportunities exist within properties 1 - 5 to provide suitable offsets elsewhere on-site to compensate for minor loss of vegetation.  It is important to recognise however that co-ordinated outcomes in terms of road access, water, sewerage and stormwater will be required for any future rezoning and development of this land. 

 

Part of this land falls within the north-western sewer catchment which requires significant sewer infrastructure prior to development.  The remainder of the area is able to connect to sewer in the adjoining Glenview Park Estate.  Consent from the adjoining landowners for this connection will be required prior to development.  Negotiations with adjoining owners will be the responsibly of the developer. 

 

It is proposed to amend and re-exhibit the draft Structure Plan showing part of properties 1 - 5 as potential urban/residential area.  The extent of the proposed additional area is shown below. 

 

 

As this is a significant change to exhibited draft Plan, it will be necessary to re-exhibit the proposed revision to the draft Plan to allow further public review and comment.

 

Options

 

After considering submissions to the draft Structure Plan, four options are available to Council:

 

1.   Adopt the draft Structure Plan in its current form.

2.   Exhibit a revised draft Structure Plan showing an additional area of ‘residential potential’ as described in this report and consider a subsequent submissions report detailing issues raised during the re-exhibition period.

3.   Proceed with exhibition and/or adoption of the draft Structure Plan in an amended form to that proposed in this report.

4.   Discontinue or defer the Structure Planning process.

 

Option 2 is the preferred option.  It will provide a formal opportunity for all stakeholders to consider the proposed change to the draft Structure Plan, prior to reporting a final draft Structure Plan to Council. 

 

Should Council resolve to re-exhibit the draft Structure Plan with revisions to include additional residential potential as described in the Discussion section of this report, a revised draft Structure Plan would be placed on public exhibition for a period of 28 days commencing late-January 2017 for further stakeholder review and comment.

 

All persons and State agencies that have previously made submissions and all persons who own and or adjoin land within the Structure Plan Area would be notified in writing regarding the revised draft Plan exhibition period.

 

Following the re-exhibition, it is anticipated that a further report detailing and discussing all issues raised in submissions received to the re-exhibition would be reported to the March 2017 Ordinary Council Meeting.

 

Community Engagement & Internal Consultation

 

The draft Yippin Creek Structure Plan was prepared and placed on public exhibition from 22 June to 22 July 2016, following:

·    a landowners’ information evening undertaken at the start of the project on 28 April 2015 and attended by approximately 35 people

·    public exhibition of an Issues Paper for landowner, community and State government feedback (16 Oct - 16 Nov 2015)

·    a community information evening held on 27 October 2015 to coincide with the Issues Paper exhibition and attended by approximately 14 people, and

·    individual meetings with landowners and other stakeholders upon request.

 

All comments received during the pre-exhibition consultation phase were taken into consideration in the draft Plan preparation.

 

As part of the draft Structure Plan public exhibition process, two community ‘drop in’ information sessions were held at the Wauchope Senior Citizens Centre on 29 June 2016, to provide landowners and the community an opportunity to ask questions and/or raise concerns about the draft Plan.   

 

A meeting was also held on 5 July 2016 at the Wauchope Senior Citizens Centre specifically for landowners to discuss the planning process and proposed draft Plan implementation with Council staff in more detail.  In addition, an updated Issues Paper (at Attachment 3) was released as background to the draft Plan preparation.

 

Issues raised in submissions and responses to those issues can generally be categorised as follows:

·    Specific issues that Council could consider addressing through changes to the draft Structure Plan before adoption.

·    Issues, which would fundamentally alter the vision and strategic approach for Yippin Creek, reflected in the draft Structure Plan.

·    Issues beyond the scope of a Structure Plan and its implementation.

·    Issues / suggestions which would be addressed in further detailed planning to implement the Yippin Creek Structure Plan.

 

Submissions from landowners and the community

 

A summary of the submissions received from landowners and community members to the draft Plan exhibition and a planning response to the issues raised, is provided below.

 

Submission

Issue

1.

Beverly & Allan Buckridge

Vivian & Myrtle Watts

Peter Goldsmith

Barbara Fish

Jason & Julianne Holland

Request inclusion of land in the northeast of the Structure Plan Area as ‘potential residential’ rather than ‘existing rural-residential’.

Response/

Comment:

This issue is addressed in the Discussion section of this report. 

2.

Beverly & Allan Buckridge

 

As in submission 1 above, this submission includes an objection to No 1 Yippin Creek Road being identified as ‘existing rural-residential’ and requests that it be identified as ‘potential residential’ on the basis that the rural amenity of the area will be destroyed with the prospect of a massive increase of traffic turning at the Beechwood Rd intersection (adjacent to No 1 Yippin Creek) and creating more traffic noise.

Response/

Comment:

The identification of No 1 Yippin Creek Road as ‘potential residential’ instead of ‘existing rural residential living’ is addressed in the Discussion section of this report. 

Detailed investigation of traffic issues will be required at subsequent rezoning and development stages to address impacts on the arterial and local road networks and including issues such as the capacity and design of intersections, traffic noise, traffic calming measures and providing for sustainable transport modes (i.e. bicycles & buses).

3.

Diane Worth

 

Requests that No 4 Woodland Grove be identified as ‘potential residential’ rather than ‘existing rural-residential’ to permit future urban subdivision.

1.      

Suggests that Council consider future urban rezoning and infrastructure for all of the Yippin Creek Structure Plan Area to avoid potential problems for existing owners in the future.

Response/

Comment:

This issue is addressed in the Discussion section of this report.  The property in question is identified as Property number 6 and is not proposed to be identified as potential future residential as it is surrounded by established rural residential development.

4.

Steven Ylias

 

Request that No 11 Rosella Place be identified as ‘potential residential’ rather than ‘existing rural-residential’ to permit future urban subdivision. 

Response/

Comment:

This issue is addressed in the Discussion section of this report.  This property is identified as property number 7 and is proposed to be retained as part of the existing rural residential estate.

5.

Stephen Duck

for

Raymond & Marjorie Duck

 

a)  Requests amendments to the draft Structure Plan map to add the word ‘Potential’ at the beginning of the following items in the map legend:

-    Environmental conservation areas

-    Wildlife corridors/ecological links

-    Street tree corridor planting

 

b)  How would Council manage and maintain the potential Conservation Areas?  Can Council afford to maintain these areas?  Or would they just become a major fire hazard?

 

c)  It was always the owner's intent that the land would eventually be cleared and made into house blocks.  The areas that can be cleared for housing need to be reviewed further with the current landowners as their vision goes back 40 years.

 

d)  Has Council investigated how sustainable / environmentally friendly it would be to use timber from the area to build the new houses in the area?

 

e)  Regarding the tree tagging that has taken place:

-    Is there an available list to determine every tree that is tagged corresponds with which hollow-bearing tree (HBT) number?

-    How long do the tags remain on the trees?

-    Does Council have a protocol for tree tagging?

-    Are there any tagged trees that are within the 6m clear zone for a boundary fence?

 

f)   Fluoride in the town water that will be in the proposed development:

-    Will there be any long term effect to the environment if fluoride remains in the water supply?

-    Is the fluoride that is added to the water, natural fluoride or manufactured chemical/waste product?

-    99% of the water pumped through municipalities is not consumed through the mouth.  Most is used for showering, watering crops and washing clothes.  Given these facts, most of it ends up in streams, rivers and in oceans, where it is destroying and contaminating our environment.

-    Why has it not been addressed in the draft Structure Plan and why have Council / environment departments not raised questions regarding this?

-    Will the fluoride that runs off have an effect on wildlife in the area?

-    The emphasis on hollow bearing trees for animals to live in, there is no mention of fluoride or the affect of it to the environment.

-    Is there an available material safety data sheet (MSDS) for the fluoride that is added to the water?

-    Is it environmentally / financially sustainable to continue adding fluoride to the water?

Response/

Comment:

a)   The map legend will be amended as requested.

2.        

b)   Where areas are proposed to be retained for environmental conservation as part of a future rezoning proposal, it is normal practice that Council must demonstrate that the area can be managed in the long term for conservation purposes. 

If the environmental conservation areas are to be kept in private ownership, then the maintenance can be guaranteed through means such as through legal planning agreements and vegetation management plans.  Land may also be dedicated to Council subject to satisfactory arrangements regarding establishment of the conservation area (e.g. weed management) and an ongoing maintenance obligation.  All rehabilitation works would need to be undertaken in accordance with an approved Vegetation Management Plan.

3.               

c)   The extent of residential potential identified for Lot 27 is addressed in the Discussion section of this report.

4.        

d)   The use of sustainable timber from the area to build new houses has not been considered as this topic is beyond the scope of the draft Structure Plan.

 

e)   Survey and mapping of Hollow Bearing Trees was carried out to inform the preparation of the draft Structure Plan.  All HBTs are tagged with small aluminium tags so that trees may be easily located.  A spreadsheet of the raw data is available upon request.

 

5.     A more detailed map can also be provided to assist in determining whether any HBTs on Lot 27 are located within 6m of a boundary fence.

6.        

7.     Council does not have a specific protocol for tree tagging.

8.         

f)   The consideration of fluoride in the water supply is beyond the scope of the draft Structure Plan. 

6.

Tony Thorne

King & Campbell Consultants

for

Gwynvill Trading Pty Ltd

 

a)  The suggestion in OEH’s submission (to the Oct 2015 Issues Paper) for a vegetated link over the existing ridgeline between the south draining and north draining (currently) unvegetated gullies, is not supported.

 

b)  Based on the proposed retention of approx 25 ha of the eastern sewer catchment as ‘existing rural residential’ land use, the spare capacity in the sewer pump station and rising main servicing this catchment should, as much as possible, be used by development in the south-western catchment to avoid unnecessary duplication of sewerage infrastructure.

Response/

Comment:

a)   Agreed.  This is considered in response to the Office of Environment & Heritage submission below.

9.        

b)   Council will continue to monitor the capacity of the sewerage infrastructure in the Glenview Park Residential Estate. The natural catchment of the sewer pump station will retain priority for the spare capacity.  If the final draft Structure Plan identifies the retention of the existing rural residential land within the eastern catchment, Council will assess the capacity of the system and allow utilisation of any spare capacity for development in the south-western catchment.

7.

Marita Dahlhausen

 

a)  Grave concerns are raised about continuing with housing developments without sufficient long-term infrastructure.

 

b)  In times when we often have drought, how is the water supply ensured?  The draft Plan does not include a recommendation for recycled water.

10.     

c)  Traffic through the main street of Wauchope is another major issue, especially as the Wauchope Bypass is not being funding.

Response/

Comment:

a)   A primary aim of the Structure Plan is to identify necessary infrastructure upgrades for future urban growth, in order that these upgrades can be implemented in a coordinated and cost efficient manner.

11.      

b)   Council has adopted a responsible risk management approach to drought situations which relies on a combination of water conservation and demand management measures, plus improvements to the existing water supply system.

12.      

13.  The objectives of the Port Macquarie-Hastings Drought Management Plan are to:

-    manage the water supply system with the aim of minimising the impact of drought, and take appropriate actions to accommodate consumer requirements with consideration of environmental impacts and constraints

-    define the conditions under which water restrictions will be implemented, and

-    enable Council to meet statutory requirements, (for e.g. environmental river flow targets to minimise the impact of water supply demands upon the river and associated aquatic ecosystems).

14.      

15.  Future development in the Yippin Creek Structure Plan Area has not been identified for recycled water use. This is due to not having the required effluent treatment facilities in the Wauchope area and NSW Office of Water approval to operate a facility to deliver residential quality reclaimed water.

16.      

c)   Council has previously undertaken investigations into a bypass of the Wauchope town centre but a bypass of the entire town has never been investigated. There has never been any committed funding to the construction of these projects. 

17.      

18.  In 2014 Council and the RMS undertook consultation with the community on the issue of traffic through Wauchope town centre. The overwhelming response was that through traffic is essential to the prosperity of the town centre and therefore a level of traffic congestion at peak times is acceptable. An inner bypass involving a new connection from the level crossing to Cameron Street and then Cameron Street and Blackbutt Drive will not be considered in the short term.

19.      

20.  Council adopted the Wauchope Main Street Plan in 2015. The plan identifies works to improve the urban structure on High Street and associated intersections of Wauchope to improve safety and enhance the character of the town centre. It is expected that the works will be constructed over the coming years.

8.

Deborah Murrell

 

a)  Totally opposed to large scale, mostly high density development, without the infrastructure to properly support it.

21.       

b)  Wauchope is losing its character with these high density developments like Timbertown and Riverbreeze Estates. 

22.       

c)  Issues every morning and evening as traffic banks up in the main street coming and going from PMQ.  Funding for the bypass has been cut so without this essential piece of infrastructure I would disagree with any more high density developments.

23.       

d)  Wauchope has not benefited from any cycleways to assist with transport except a gravel (now roughly tarred) path from Riverbreeze.

24.       

e)  Concerned about the very small area kept for wildlife corridor especially links to the west.

25.       

f)   Would like to see all new developments use recycled water due to the severe shortages we have here in the Hastings in times of drought.

Response/

Comment:

a)   As per commentary for No 7(a) above.

26.      

b)   The Yippin Creek area has been identified in the Port Macquarie-Hastings Urban Growth Management Strategy 2011 as an investigation area to accommodate forecast population growth in the Wauchope area in the period to 2031.

Whilst this will clearly change the character of the investigation area and immediate surrounds and lead to increased population in the Wauchope area, the growth is also expected to bring opportunities for new employment and retail to Wauchope. 

The draft Structure Plan encourages a range of dwelling types of varying densities including residential, rural-residential and environmental living, reflecting the capability and suitably of the land.  It is important to note that the preliminary yield analysis is subject to site-specific analysis at rezoning and development application stage.  Detailed built form controls and character statements will need to be prepared to support a rezoning and future development of the land.

 

c)   As per commentary for No 7(c) above.

 

d)   In 2015 Council adopted a revised Wauchope Bike Plan. The plan shows existing cycle routes and plans for new routes including within and to the Yippin Creek area. It is expected the plan will be gradually implemented as funding permits.

 

e)   As part of the ecological assessment prepared to inform the draft Plan preparation, Echo Ecology consultants reviewed the vegetation connectivity extending from the area and identified the Yippin Creek corridor, the northern riparian corridor and Yippin Creek Road as areas likely to function as wildlife corridors at a local scale.  The forest surrounding the Structure Plan Area and creeks and drainage lines running through the area provide the foundations for corridor connectivity to the west.  The environmental outcomes for the area are being considered by Council in consultation with the NSW Office of Environment & Heritage.  See comments below:

 

f)   As per commentary for No 7(b) above.

 

 

Submissions from State government agencies

 

A summary of all State agency submissions to the draft Plan exhibition and a planning response to the issues raised is provided below.

 

Submission No.

Issue

9.

NSW Office of Environment and Heritage

 

a)    An Aboriginal Cultural Heritage assessment report should be prepared in support of the Structure Plan.

 

b)    A detailed assessment of recruitment trees and tree hollows should be undertaken in retained forest areas to identify potential limitations in hollow bearing tree offsetting capacity.

 

c)    A detailed assessment of the methodology and mechanisms to achieve the environmental principles of the Structure Plan should be undertaken, including consideration of biodiversity certification.

 

d)    The Structure Plan should provide a continuous vegetated north-south wildlife corridor link option to connect the proposed riparian buffer zones in the western part of the study area.

 

e)    Environmental conservation lands should be excluded from development.

 

f)    The Structure Plan should provide greater protection of biodiversity values and avoid intensive land uses in low-lying/flood prone areas through the use of regulatory mechanisms such as:

-   environmental zonings

-   tree preservation orders

-   planning agreements

-   vegetation management plans

-   covenants

Response/

Comment:

a)   During the pre-exhibition and exhibition phase Council sought comments from the Bunyah Aboriginal Land Council but no response was received.  Detailed investigation of Aboriginal cultural heritage will be required in consultation with OEH, Bunyah and the NSW Aboriginal Land Council prior to any rezoning.

27.      

b)   An assessment of recruitment trees and tree hollows will be undertaken if any loss of HBTs is proposed to be offset within retained forest areas.

28.      

c)   Demonstration of how a proposal meets the environmental principles in the draft Structure Plan will be a necessary step in any future rezoning process.  Biodiversity certification can be considered as one option, noting that it is difficult to coordinate in areas of fragmented ownership.

29.      

d)   The suggestion for a continuous vegetated north-south wildlife corridor over the existing ridgeline between the south draining and north draining (currently) unvegetated gullies is not supported.  It is the view of Council staff that the large remnant vegetation immediately to the west currently provides a more effective and viable habitat corridor.  

30.      

e)   Agreed and considered consistent with the investigation areas for rezoning identified in the draft Structure Plan.

31.      

f)   The draft Structure Plan proposes to protect environmentally sensitive areas through environmental zonings and excludes the potential for development in low-lying/flood prone areas.  Regulatory mechanisms will be considered at the time of assessing a proposal to rezone land. 

10.

NSW Department of Primary Industries - Water

 

a)    Recommend the riparian buffers be in accordance with DPI’s Guidelines for Controlled Activities - available at www.water.nsw.gov.au/water-licensing/approvals/controlled-activity

 

b)    Recommend Council carefully consider the water supply to service the area to ensure a secure (quality & quantity), reliable and manageable water supply for any future developments. 

 

c)    Recommend that impacts of future development on groundwater should be considered, particularly for areas identified as having moderate to high groundwater vulnerability. 

32.              

Suggest that Council consider locating new subdivisions away from vulnerable groundwater resources and existing groundwater users to minimise land use conflict, maintain existing industries reliant on water supply and achieve important environmental outcomes for the systems connected to these sources.

Response/

Comment:

a)   Proposed riparian buffers in the draft Structure Plan comply with DPI’s Guidelines for Controlled Activities

33.      

b)   Council has identified the infrastructure requirements for the anticipated development and population that will be generated from the Yippin Creek Structure Plan Area.  The infrastructure is part of Council’s water and sewer 30 year capital works program and current Developer Servicing Plan.

34.      

35.  The infrastructure is demand dependant and will be triggered prior to the current infrastructure reaching its capacity.  Council actively monitors infrastructure capacity and demand requirements and initiates infrastructure upgrades when required.

 

36.  Detailed water supply modelling will be undertaken prior to rezoning to ensure infrastructure is sized to accommodate all future/existing development in the area.

37.      

c)   Any land forming as part of future subdivision works will need to ascertain the risk/impact on intercepting groundwater.  Based on advice from the owner of the Mount Seaview Spring water operation located off Rosella Place, the groundwater resource bore is more than 16m deep and is therefore unlikely to be affected by future residential development.  Detailed investigations to confirm groundwater vulnerability will be required prior to rezoning.

11.

NSW Department of Primary Industries - Fisheries

 

a)    It may be necessary to increase the width of the riparian buffer to Yippin Creek to ensure consistency with Fisheries policy and guidelines - available at www.dpi.nsw.gov.au/fisheries/habitat/protecting-habitats/toolkit

b)    Generally recommend road layouts be designed to avoid private properties backing onto riparian reserves.

Response/

Comment:

a)   The proposed width of the riparian buffer to Yippin Creek is consistent with the provisions of Council’s Port Macquarie-Hastings Development Control Plan 2013.  The Fisheries Management Act (FMA) Regulation would require a 100m buffer either side of Yippin Creek, however, due to the local geomorphology, an arbitrary buffer of this size would extend well beyond the Yippin Creek riparian zone. Furthermore, future development of land in the Structure Plan Area is unlikely to trigger the FMA Act.

38.      

b)   For notation. 

12.

NSW Department of Primary Industries - Agriculture

Commentary provided commending Council on the strategic planning undertaken for the draft Yippin Creek Structure Plan.

Response/

Comment:

For notation.

 

13.

NSW Department of Industry - Lands

Advice provided that no Crown land is affected as a result of the draft Plan.

Response/

Comment:

For notation.

 

14.

NSW Rural Fire Service

 

Advice provided that the RFS is generally supportive of the draft Plan recommendations.

Response/

Comment:

For notation.

 

15.

Essential Energy

 

Advice provided that existing electricity infrastructure in the area has been designed with capability for future expansion. 

Response/

Comment:

For notation.

 

 

Planning & Policy Implications

 

The draft Yippin Creek Structure Plan was developed following input from technical reports, community and stakeholder feedback and the assistance of specialist sections of Council. 

 

The Structure Plan recommends the most appropriate land uses for the Yippin Creek Area but it is not a rezoning document.  The Structure Plan will provide a policy framework to inform subsequent rezoning, infrastructure planning and development control provisions for future development of the Yippin Creek Structure Plan Area, subject to detailed investigations.

 

At this stage in the process, it is proposed to re-exhibit the draft Plan with revisions to include additional residential potential in the northeast for community consultation.  The exhibition of a revised draft Plan does not infer that Council has resolved to endorse the draft Plan in any way.

 

If Council does resolve to adopt a Structure Plan following the proposed re-exhibition period, detailed investigations are able to commence in accordance with the adopted Plan and priorities in the Port Macquarie Hastings Urban Growth Management Strategy.  Investigation would include arrangements for environmental management and infrastructure provision.

 

Financial & Economic Implications

 

The specialist studies commissioned by Council to inform the draft Structure Plan preparation have been funded as part of Council’s strategic planning operations with the aim of achieving co-ordinated land use outcomes.

 

Section 94 Contributions Planning will be necessary prior to any rezoning in the Structure Plan Area to specify development contributions required towards the cost of the facilities required by the community due to development (e.g. new open space, road upgrades, intersection upgrades, pedestrian/cycleway links).

 

In principle, all necessary roadwork and upgrades, water supply and sewer extensions and establishment/management of environmental lands generated by new development will need to be funded by the developer.  Developers will also be responsible for the costs associated with detailed studies to support a planning proposal to rezone land.  Maintenance and regulatory costs to Council in the long term will need to be assessed as part of any ongoing detailed investigations.

 

Future development of the Yippin Creek Structure Plan Area will accommodate forecast population growth in Wauchope and will, through development construction phases and ultimate flow on effects from new residents, have a positive economic impact on the Wauchope economy.

 

Attachments

 

1View. Draft Yippin Creek Structure Plan

2View. Submissions

3View. Revised Issues Paper

 


AGENDA                                                                                Ordinary Council

                                                                                                                      14/12/2016

 

 

Item:          13.09