Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 16 August 2017

location:

 

Council Chambers

17 Burrawan Street

Port Macquarie

time:

 

5.30pm

 


Community Vision                                  A sustainable high quality of life for all

 

 

 

 

Community Mission                               Building the future together

                                                                  People Place Health Education Technology

 

 

 

 

Council’s Corporate Values                  é   Sustainability

                                                                  é   Excellence in Service Delivery

                                                                  é   Consultation and Communication

                                                                  é   Openness and Accountability

                                                                  é   Community Advocacy

 

 

 

 

Community Themes                               é  Leadership and Governance

                                                                  é  Your Community Life

                                                                  é  Your Business and Industry

                                                                  é  Your Natural and Built Environment

 


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

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

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

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

 

You can request to address Council by completing the:

·           Request to Speak on an Agenda Item’ form

·           Request to Speak in the Public Forum’ form

 

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

 

Requests can also be lodged on-line at:

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


Ordinary Council Meeting

Wednesday 16 August 2017

 

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..................................................................................... 15

06           Mayoral Minute

06.01..... Mayoral Discretionary Fund Allocations.............................................. 19

07           Confidential Correspondence to Ordinary Council Meeting................................. 20

08           Public Forum................................................................................................... 21

09           Leadership and Governance........................................................................... 22

09.01..... Oath or Affirmation of Office............................................................. 23

09.02..... Status of Reports From Council Resolutions....................................... 25

09.03..... Delegation of Authority to the General Manager ................................. 31

09.04..... Delegated Authorities - Certificate of Identification Issued Under the Swimming Pools Act 1992........................................................................................... 35

09.05..... Disclosure of Interest Return.............................................................. 37

09.06..... Request for Leave of Absence - Mayor Peta Pinson............................ 39

09.07..... Smart Cities Conference.................................................................... 41

09.08..... Council Policy - Policy Review and Rescissions - Post Exhibition........ 44

09.09..... Council Policy - Policy Review and Rescission.................................... 47

09.10..... 2016-2017 Operational Plan end of year - Quarterly Progress Report as at 30 June 2017........................................................................................................ 51

09.11..... Investments - July 2017...................................................................... 60

09.12..... Monthly Financial Review for July 2017............................................... 69

09.13..... 2016-2017 Financial Statements Audit................................................. 73

09.14..... 2016-2017 Carry-over Projects............................................................ 75

09.15..... Glasshouse End of Financial Year Report and Update on Strategic Plan Recommendations............................................................................. 79

09.16..... Development Activity and Assessment System Performance............... 85

09.17..... Notice of Motion - By Election For Popularly Elected Mayor - Section 276 (2) of the Local Government Act, 1993 - Detriment To Sitting Councillor Candidates 90

09.18..... Notice of Motion - ICT Strategy.......................................................... 94

10           Your Community Life..................................................................................... 96

10.01..... Regulatory Enforcement Policy - Result of Public Exhibition................ 97

10.02..... Coastal Walk Master Plan ................................................................ 100

10.03..... Recommended Items from the Mayor's Sporting Fund Sub-Committee - May 2017 Meeting........................................................................................... 113

11           Your Business and Industry......................................................................... 115

11.01..... Opportunities for Local Firms to do Business with Council................. 116

12           Your Natural and Built Environment............................................................. 128

12.01..... Classification of Lands Recently Acquired by, or Transferred to Council 129

12.02..... Energy Efficient Street Lighting - Light Emitting Diodes (LED)........... 132

12.03..... Ocean Drive Duplication Project Update........................................... 137

12.04..... Site Specific LEP Amendments - Update.......................................... 141

12.05..... LEP Amendments to Facilitate Two Proposed Road Closures............ 151

12.06..... Question From Previous Meeting - Upgrade of Port Macquarie Breakwall by Crown Land............................................................................................... 160

12.07..... Notice of Motion - Short Street Plaza Car Park, Port Macquarie.......... 161

12.08..... Long Term Energy Strategy.............................................................. 162  

13           Questions for Next Meeting

14           Confidential Matters

Motion to move into Confidential Committee of the Whole............................... 166

14.01..... T-17-05 Supply of Three Trailer Mounted High Pressure Sewer Jetting Machines

14.02..... T-17-35 O'Neill's Bridge Replacement - Design and Construct

14.03..... T-17-36 Wauchope Swimming Pool - Shaded Outdoor Children's Water Play Area

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      16/08/2017

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 19 July 2017 be confirmed.

 


MINUTES

Ordinary Council Meeting

                                                                                                                        19/07/2017

 

 

 

PRESENT

 

Members:

 

Councillor Lisa Intemann (Deputy Mayor)

Councillor Rob Turner

Councillor Michael Cusato

Councillor Sharon Griffiths

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Lee Dixon

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Director of Corporate Performance (Rebecca Olsen)

Director of Development and Environment (Matt Rogers)

Acting Director of Infrastructure (Andrew Doig)

Director of Strategy and Growth (Jeffery Sharp)

Group Manager Governance and Procurement (Blair Hancock)

Governance Support Officer (Bronwyn Lyon)

Communications Manager (Andy Roberts)

 

 

 

The meeting opened at 5:30pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Deputy 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

RESOLVED:  Dixon/Hawkins

That the apology received from Councillor Alley be accepted.  Councillor Alley being absent on approved leave.

carried:      7/0

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

Against:       Nil

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Levido/Griffiths

That the Minutes of the Ordinary Council Meeting held on 21 June 2017 be confirmed.

carried:      7/0

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

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 14.01 - EOI-17-05 Independent Members of the Town Centre Master Plan Sub-Committee, the reason being that Councillor Levido is a partner in the Port Macquarie law firm, Donovan Oates Hannaford Lawyers and Councillor Levido acts for one of the appointees detailed in the report.

 

 

06.01  Deputy Mayor Discretionary Fund Allocations

RESOLVED:  Intemann

 

That the Deputy Mayor Discretionary Fund allocations for the period 8 June to 5 July 2017 inclusive be noted.

carried:      7/0

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

Against:       Nil

 

 

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

Nil.

 

 

08       PUBLIC FORUM

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

1.    Niamh de Groot and Amelia Humphreys from Mackillop College regarding Ban the Bag, Port Macquarie.

 

RESOLVED:  Turner/Dixon

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

carried:      7/0

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

Against:       Nil

 

 

08.01     Ban The Bag Port Macquarie

Ms Niamh de Groot and Ms Amelia Humphreys from Mackillop College addressed Council in regard to Ban the Bag Port Macquarie.

 

 

Request to Speak On An Agenda Item

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

Item 10.02 – Mrs Diane Gilbert in support of the recommendation.

Item 12.03 – Ms Vanessa Killiher in opposition of the development application.

Item 12.03 – Ms Michelle Love in support of the development application.

Item 12.03 – Mr Stewart Robertson in opposition of the development application.

Item 12.07 – Ms Geraldine Haigh in support of the recommendation.

 

RESOLVED:  Turner/Griffiths

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

carried:      7/0

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

Against:       Nil

 

 

Suspension of Standing Orders

The Deputy Mayor referred to the Public Forum item and requested that Item 12.04 – Question from Previous Meeting – Single Use Plastic Bags, be brought forward and considered next.

 

RESOLVED:  Turner/Griffiths

That Standing Orders be suspended to allow Items 12.04, 10.02, 12.03 and 12.07 to be brought forward and considered next.

carried:      7/0

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

Against:       Nil

 

 

12.04  Question From Previous Meeting - Single Use Plastic Bags

RESOLVED:  Cusato/Turner

 

That Council:

1.         Note the response in this report regarding the use of single use plastic bags.

2.         Acknowledge receiving the petition by the local Ban the Bag movement.

3.       Incorporate content on the reduction of single use plastic bags into its ongoing waste education program.

4.       Request the General Manager:

a)         Write to the State Members for Port Macquarie and Oxley requesting the NSW Government’s stance on the future use of single use plastic bags in NSW.

b)         Prepare a Councillor briefing regarding single use plastic bags by our community addressing the reduction of use options, new recycling technology and community education programs.

carried:      7/0

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

Against:       Nil

 

 

10.02  Recreation Action Plan Update

Mrs Diane Gilbert, representing the Wauchope Heated Indoor Pool Association, addressed Council in support of the recommendation.

 

RESOLVED:  Turner/Griffiths

 

That Council:

1.       Note progress achieved to date in implementing the Recreation Action Plan.

2.       Note the revised Recreation Action Plan as presented in the report.

3.       Receive an annual report outlining the status of Plan implementation and review outcomes and recommendations.

carried:      7/0

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

Against:       Nil

 

 

12.03  DA2017 - 307 - Staged Alterations to caravan park and construction of ancillary recreation facility (outdoor) - Munster Street, Port Macquarie

Ms Vanessa Kelliher addressed Council in opposition to the development application.

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

Mr Stewart Robertson addressed Council in opposition to the development application.

 

RESOLVED:  Turner/Cusato

That a decision on DA2017 - 307 for staged alterations to caravan park and construction of ancillary recreation facility (outdoor) at Lot 655, DP 45849, Munster Street, Port Macquarie, be deferred and the applicant be requested to submit a noise assessment for the proposal, carried out in accordance with the NSW Industrial Noise Policy and Australian Standards for acoustics and noise monitoring.

carried:      7/0

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

Against:       Nil

 

 

12.07  Sherwood Planning Proposal - Consideration of Submissions

Ms Geraldine Haigh, of GEM Planning Projects, addressed Council in support of the recommendation.

 

RESOLVED:  Cusato/Hawkins

 

That Council:

1.       Pursuant to Section 59(2) of the Environmental Planning and Assessment Act 1979, make the Local Environmental Plan to rezone Lot 1 DP 1066820 and Lot 34 DP 856163, Lincoln Road, Castle Court and Marian Drive, Port Macquarie for residential infill and environmental purposes as described in the Sherwood planning proposal at Attachment 1 to this report.

2.       Delegate authority to the General Manager to enter into and execute the Lincoln Road Planning Agreement in connection with the Sherwood planning proposal on behalf of Council.

3.       Notify all persons who lodged submissions of the meeting outcome.

carried:      7/0

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

Against:       Nil

 

 

09.01  Status of Reports From Council Resolutions

RESOLVED:  Cusato/Dixon

 

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

carried:      7/0

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

Against:       Nil

 

 

09.02  Status of Council Policies

RESOLVED:  Cusato/Griffiths

 

That Council note the information provided in the Status of Council Policies report.

carried:      7/0

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

Against:       Nil

 

 

09.03  Investments - June 2017

RESOLVED:  Hawkins/Cusato

 

That Council:

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

2.         Request the General Manager refer the Investment Policy and the issue of the downgrading of ratings by rating agencies, to the next Audit, Risk and Improvement Committee meeting which is being held on 10 August 2017.

carried:      7/0

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

Against:       Nil

 

 

09.04  NSW Water Supply and Sewerage Performance Monitoring Report 2015-2016

RESOLVED:  Griffiths/Hawkins

 

That Council note the NSW Water Supply and Sewerage Performance Monitoring Report 2015-2016.

carried:      7/0

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

Against:       Nil

 

 

10.01  Land Acquisition - Expansion of the Hollisdale Rural Fire Service

RESOLVED:  Levido/Griffiths

 

That Council:

1.       Accept the donation of part Lot 1 DP1006795 more particularly described as Lot 11 in plan of acquisition DP1232850.

2.       Pay the land conveyancing costs, if any, incurred by the owner of Lot 1 DP1006795 arising from the land donation.

3.       Write to the owner of Lot 1 DP1006795 expressing appreciation for the land donation.

4.       Pursuant to Section 34 of the Local Government Act 1993, commence the procedure to classify Lot 11 DP1232850 as operational land by placing on public exhibition the proposed resolution “It is intended to classify Lot 11 DP1232850 (Pappinbarra Road, Hollisdale) as operational land” from 28 July 2017 for a minimum period of 28 days.

5.       Note a further report will be tabled at the September 2017 Ordinary Council meeting detailing any submissions received from the public during the exhibition period.

6.       Delegate to the General Manager authority to sign:

a)      Contract for the Sale of Land

b)      Land Titles Office Transfer Form

c)      Land Titles Office Purchaser Declaration Form

d)      Letter to NSW Office of State Revenue seeking exemption from the payment of Stamp Duty

e)      Survey plan of consolidation of Lot 11 DP1232850 with Lot 3 DP827075.

carried:      7/0

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

Against:       Nil

 

 

Item 10.02 - Recreation Action Plan Update - has been moved to another part of the document.

 

 

11.01  Sale of Closed Road - Part Bonser Lane at Laurieton

RESOLVED:  Griffiths/Cusato

 

That Council:

1.       Accept the amount of $315,000 (exclusive of GST) for the sale of Lot 1 DP1132421.

2.       Delegate to the General Manager authority to sign the Contract for Sale with Etoska Pty Limited.

carried:      7/0

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

Against:       Nil

 

 

11.02  Inquiry into the Australian Government's Role in the Development of Cities

RESOLVED:  Griffiths/Cusato

 

That Council:

1.       Note the Inquiry by the House of Representatives Standing Committee on Infrastructure, Transport and Cities into the Australian Government’s role in the development of cities.

2.       Delegate Authority to the General Manager, in consultation with the Deputy Mayor, to respond to the Inquiry on behalf of Council.

carried:      7/0

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

Against:       Nil

 

 

12.01  Acquisition of an Easement on Behalf of Essential Energy - Bulli Creek Bridge Replacement

RESOLVED:  Levido/Cusato

 

That Council:

1.       Pay compensation in the amount of $20,000 (GST exclusive) to the owners of Lot 42 DP754453 and Lot 2 DP1064167, CA & LE Cook, for the acquisition of an easement 25 metres wide and variable for overhead electricity as depicted ‘E’ on the plan CW112687 Sheet 30F dated 20/4/2017.

2.       Pay the legal costs incurred by the owners of Lot 42 DP754453 and Lot 2 DP1064167, CA & LE Cook.

carried:      7/0

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

Against:       Nil

 

 

12.02  Comboyne Village Sewerage Scheme - Acquisition of an Easement to Drain Sewage

RESOLVED:  Levido/Dixon

 

That Council:

1.       Pay compensation in the amount of $12,000 (GST exclusive) to the owner of Lot 1 DP1073321, E E Latimore, for the acquisition of an easement to drain sewage 3 metres wide depicted (A) in the plan prepared by Surveyor Mark Rogers reference 17204DP01.

2.       Delegate authority to the General Manager to sign the Deed of Acquisition.

carried:      7/0

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

Against:       Nil

 

 

Item 12.03 - DA2017 - 307 - Staged Alterations to caravan park and construction of ancillary recreation facility (outdoor) - Munster Street, Port Macquarie - has been moved to another part of the document.

 

 

Item 12.04 - Question From Previous Meeting - Single Use Plastic Bags - has been moved to another part of the document.

 

 

12.05  Proposed Delegation Under Section 375 of the NSW Biosecurity Act 2015

RESOLVED:  Intemann/Hawkins

 

That Council, pursuant to section 375 of the Biosecurity Act 2015:

1.         Delegate the functions conferred to Port Macquarie-Hastings Council under the Biosecurity Act 2015 and regulations to the General Manager.

2.         Authorise the General Manager to sub-delegate functions of the Act and regulations to staff.

carried:      7/0

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

Against:       Nil

 

 

12.06  Improving Recycling Services for Multi-Unit Dwellings

RESOLVED:  Cusato/Turner

 

That Council note the information contained in the Improving Recycling Services for Multi-Unit Dwellings report.

carried:      7/0

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

Against:       Nil

 

 

Item 12.07 - Sherwood Planning Proposal - Consideration of Submissions - has been moved to another part of the document.

 

 

12.08  Question From Previous Meeting - Management of Roadside Vegetation

RESOLVED:  Griffiths/Cusato

 

That Council:

1.         Note the information contained in this report regarding Management of Roadside Vegetation.

2.         Request the General Manager write to the State Member for Port Macquarie and the Roads Minister and State Member for Oxley to give local government the scope and autonomy to manage roadside vegetation where risk and safety are the primary consideration. 

carried:      7/0

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

Against:       Nil

 

 

13       QUESTIONS FOR NEXT MEETING

 

 

 

13.01     Upgrade of Port Macquarie Breakwall by Crown Land

Question from Councillor Turner:

 

Can the General Manager advise Council regarding the status of the proposed upgrade to the Port Macquarie breakwall by Crown Land for which Council undertook significant public consultation?

 

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  14.01 EOI-17-05 Independent Members of the Town Centre Master Plan Sub-Committee

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

Item  14.02 T-17-22 Sports Field Lighting Installation Program

          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:      7/0

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

Against:       Nil

 

 

Adjourn meeting

 The Ordinary Council Meeting adjourned at 7.14pm.

 

 

Resume meeting

The Ordinary Council Meeting resumed at 7:17pm.

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Cusato/Dixon

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

Item 14.01    EOI-17-05 Independent Members of the Town Centre Master Plan Sub-Committee

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

                     RECOMMENDATION

That Council:

1.       Appoint new members in the listed representative positions, to the Town Centre Master Plan Sub-Committee, following completion of the current two (2) year membership term:

(a)     Port Macquarie-Hastings Access Sub-Committee representative – Mrs Sharon Beard.

(b)     Port Macquarie Chamber of Commerce representative - Mr Anthony Thorne.

2.       Commence the appointments by inviting the new members to the next Town Centre Master Plan Sub-Committee meeting on 28 September 2017.

3.       Advertise a further EOI calling for a CBD trader to be a member of the Town Centre Master Plan Sub-Committee.

4.       Maintain the confidentiality of the documents and considerations in respect of Expression of Interest EOI-17-05.

 

 

 

 

 

 

 

Item 14.02    T-17-22 Sports Field Lighting Installation Program

                     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 Power By Watts Pty Limited for $336,532.50 (exclusive of GST) for the design, construction and installation of sustainable, green, cost effective sports field lighting systems at Lank Bain Sporting Complex and Oxley Oval.

2.       Fund the project shortfall of $80,522.50 from the working capital reserve (unexpended sports development fund).

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

4.       Maintain the confidentiality of the documents and considerations in respect of T-17-22.

 

carried:      7/0

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

Against:       Nil

 

 

 

The meeting closed at 7:18pm.

 

 

 

 

 

 

………………………………………..

Lisa Intemann

Deputy Mayor

 

   


AGENDA                                                                                Ordinary Council      16/08/2017

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      16/08/2017

 

 

Item:          06.01

 

Subject:     MAyORAL Minute - Mayoral Discretionary Fund Allocations

Mayor, Peta Pinson

 

 

 

 

 

RECOMMENDATION

 

That the Mayoral Discretionary Fund allocations made by the Deputy Mayor for the period 6 July to 2 August 2017 inclusive be noted.

 

Discussion

 

Deputy Mayor Discretionary Fund Allocations

 

The Deputy Mayor made the following donations from the Mayoral Discretionary Fund for the period 6 July to 2 August 2017 inclusive:

 

Donation to PMQ Combined Netball Club’s Juniors Fundraiser

$300.00

Donation to Hope Shop Masquerade Ball Fundraiser

$200.00

Donation to Autism Spectrum Australia on behalf of local competitors in City2Surf

$100.00

 

$600.00

 

 

Attachments

 

Nil

  

 


AGENDA                                                                                Ordinary Council      16/08/2017

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

Nil.

 

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


AGENDA                                                                                Ordinary Council      16/08/2017

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

16/08/2017









 

 

What we are trying to achieve

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

What the result will be

 

We will have:

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

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

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

              Knowledgeable, skilled and connected community leaders

              Strong corporate management that is transparent

 

How we will get there

 

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

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

1.3          Demonstrate leadership

1.4          Use innovative, efficient and sustainable practices

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

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.01

 

Subject:     Oath or Affirmation of Office

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That the Mayor take an Oath or Affirmation of Office before the General Manager.

 

Executive Summary

 

As per the Local Government Act 1993, the Mayor is required to take an Oath or Affirmation of Office.

 

Discussion

 

The Local Government Act, Section 233A states:

 

(1)    A councillor must take an oath of office or make an affirmation of office at or before the first meeting of the council after the councillor is elected.

(2)     The oath or affirmation may be taken or made before the general manager of the council, an Australian legal practitioner or a justice of the peace and is to be in the following form:

 

Oath

I [name of councillor] swear that I will undertake the duties of the office of councillor in the best interests of the people of [name of council area] and the [name of council] and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

Affirmation

I [name of councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of councillor in the best interests of the people of [name of council area] and the [name of council] and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

(3)     A councillor who fails, without a reasonable excuse, to take the oath of office or make an affirmation of office in accordance with this section is not entitled to attend a meeting as a councillor (other than the first meeting of the council after the councillor is elected to the office or a meeting at which the councillor takes the oath or makes the affirmation) until the councillor has taken the oath or made the affirmation.

(4)     Any absence of a councillor from an ordinary meeting of the council that the councillor is not entitled to attend because of this section is taken to be an absence without prior leave of the council.

(5)     Failure to take an oath of office or make an affirmation of office does not affect the validity of anything done by a councillor in the exercise of the councillor’s functions.

(6)     The general manager must ensure that a record is to be kept of the taking of an oath or the making of an affirmation (whether in the minutes of the council meeting or otherwise).”

 

Options

 

There are no other options as it is a requirement under the Local Government Act that the Mayor take an Oath or Affirmation of Office.

 

Community Engagement & Internal Consultation

 

Internal Consultation

 

·   General Manager

·   Group Manager Governance and Procurement

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.02

 

Subject:     Status of Reports From Council Resolutions

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

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

 

 

 

RECOMMENDATION

 

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

 

Discussion

 

Report

Status

Reporting Officer

Original Anticipated Date for Report

Current Anticipated Date for Report

 

Site Specific LEP Amendments - post initial investigations determine whether to proceed with planning proposals to rezone the lands in each case.

(Item 12.04 - OC 15/03/17)

Under review.

DSG

Jul 2017

Aug 2017

 

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

(Item 12.04 - OC 10/08/16)

Developer land acquisition processes delayed. Acquisition completed June 2017. Classification to be advertised prior to report to Council.

DSG

Feb 2017

May 2017

Jul 2017

Aug 2017

 

 

Long Term Renewable Energy Strategy

(Item 12.03 - OC 19/04/17)

 

DDE

 

Aug 2017

 

Opportunities For Local Firms To Do Business With Council - Post Exhibition

(Item 13.08 - OC 17/05/17)

 

DCP

 

Aug 2017

 

Council Policy – Policy Review and Rescissions – post exhibition

(Item 09.06 – OC 21/06/17)

 

DCP

 

Aug 2017

 

· Regulatory Enforcement Policy – draft

· Enforcement of Unlawful Activity Policy – rescind

· Compliance Procedure – rescind

Post Exhibition

(Item 10.01 – OC 21/06/17)

 

DDE

 

Aug 2017

 

Transfer of Land to Council for Sewer Purposes – post exhibition

(Item 13.01 – OC 21/06/17)

 

DCP

 

Aug 2017

 

QFPM – Upgrade of Port Macquarie Breakwall by Crown Land

(Item 13.01 – OC 19/07/17)

 

DDE

 

Aug 2017

 

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

(Item 10.01 - OC 15/07/15)

Awaiting further information from NSW Health.

DI

Nov 2016

May 2017

Jul 2017

Sep 2017

 

Land Acquisition – Expansion of the Hollisdale Rural Fire Service – post exhibition

(Item 10.01 – OC 19/07/17

 

DCP

 

Sep 2017

Settlement Shores Canal Maintenance Plan - Post Exhibition

(Item 13.03 - OC 17/05/17)

Submissions under review.

DI

Jul 2017

Aug 2017

Sept 2017

 

Future of Committees following establishment of Cultural Steering Group

(Item 15.05 - OC 19/04/17)

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

DSG

Jun 2017

Jul 2017

Sep 2017

Oct 2017

 

Port Macquarie Town Centre Pedestrian Facility Investigations - post community engagement

(Item 13.05 - OC 14/12/16)

Aspects of the engagement are outstanding

DI

Aug 2017

Oct 2017

 

Planning Proposal - Homedale Road Kew - post exhibition

(Item 13.07 - OC 14/12/16)

 

DSG

 

Oct 2017

 

Planning Controls for Short Term Rental Accommodation

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

(Item 13.07 - OC 16/03/16)

 

Short-Term Holiday Letting - post release of NSW Government response to Inquiry ‘Adequacy of the regulation of short-term holiday letting in NSW’.

(Item 12.03 - OC 14/12/16)

Pending detailed Government proposals

DDE

 

Oct 2017

 

Project Management Policy - implementation, operation and effectiveness to date incorporating the views of the Audit, Risk and Improvement Committee.

(Item 09.03 - OC 15/02/17)

 

DCP

 

Nov 2017

 

Impact of Road Openings and Closures on Private Property

(Item 12.03 - OC 18/09/13)

To be included in overall review of roads policies.

Information still being sought.

DI

Mar 2015

Jun 2017

Jul 2017

 

 

Dec 2017

 

Site Specific LEP Amendments - Status of all proposed site specific LEP amendments following adoption of the revised PMH UGMS and determine priorities in Council’s strategic land use planning program.

(Item 12.04 - OC 15/03/17)

Report proposed after exhibition, review and adoption of Urban Growth Management Strategy.

DSG

Jul 2017

Dec 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.

DSG

Dec 2016

May 2017

Jun 2017

Dec 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)

 

DDE

 

TBA

 

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

(Item 12.01 - OC 16/11/16)

 

DCP

 

TBA

 

Tuffins Lane Sporting Fields - Terms of Agreement

(Item 06.02 - OC 14/12/16)

 

GM

 

TBA

 

Reclassification Of Land For Hastings Regional Sports Complex - post exhibition

(Item 13.04 - OC 15/02/17)

 

DCP

 

TBA

 

Planning Proposal - Lot 2 DP1091253 Beach St, Bonny Hills

(Item 12.02 - OC 19/04/17)

 

DSG

 

TBA

 

Financial Reserves Review - final report

(Item 09.05 - OC 19/04/17)

 

DCP

 

TBA

 

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

(Item 13.05 - OC 17/05/17)

 

DSG

 

TBA

 

 

Cyclic Reports

 

Report

Reporting Officer

Reporting Cycle

Monthly Financial Update

DCP

Monthly

Investments

DCP

Monthly

Mayoral Discretionary Fund Allocations

GM

Monthly

Development Activity and Assessment System Performance

DDE

Quarterly

(May, Aug, Nov, Feb)

Glasshouse Strategic Plan Update

DCP

Biannual

(Feb, Aug)

Delivery Program - Progress Report

DCP

Biannual

(Mar, Sep)

Operational Plan - Progress Report

DCP

Biannual

(May, Oct)

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

DSG

Biannual

(Jun, Dec)

Mayoral and Councillor Fees (Setting of)

GM

Annually

(Jun)

MIDROC Strategic Plan 2013-2017 Outcomes

(Item 08.03 - ORD 21/08/2013)

GM

Annually

(Jul)

(re-list to Sep)

Council Policy - Status Report

DCP

Annually

(Jul)

Recreation Action Plan – Status Report

DDE

Annually

(Jul)

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

DSG

Annually

(Sep)

Compliments and Complaints Annual Report

DSG

Annually

(Sep)

Council Meeting Dates

GM

Annually

(Sep)

Creation of Office - Deputy Mayor

GM

Annually

(Sep)

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

DCP

Annually

(Sep)

Audit Committee Annual Report

DCP

Annually

(Sep)

Annual Report of Disability Discrimination Act Action Plan

DSG

Annually

(Sep)

MIDROC Strategic Plan 2013-2017 Outcomes

(Item 08.03 - ORD 21/08/2013)

GM

Annually

(Sep)

(re-listed from Jul)

Annual Disclosure of Interest Returns

GM

Annually

(Oct)

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

DCP

Annually

(Nov)

Council’s Annual Report

DCP

Annually

(Nov)

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

(Item 09.04 - OC 21/10/15)

DCP

Annually

(Nov)

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.03

 

Subject:     Delegation of Authority to the General Manager

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Revoke all previous delegations of Functions to the General Manager.

2.       Delegate / sub-delegate to the General Manager of Port Macquarie-Hastings Council the Functions in accordance with the Instrument of Delegation to the General Manager, attached to this report as Attachment 1.

3.       From 16 August 2017 and ongoing, appoint one of: Director Corporate Performance, Director Development and Environment, Director Infrastructure, Director Strategy and Growth to act as General Manager if the General Manager is sick or otherwise absent from work on leave. Such appointment to cease upon the return to work of the General Manager or other resolution of the Council.

4.       Delegate to any person acting as General Manager pursuant to this resolution all the functions, delegations, and sub-delegations given to the General Manager by the Council.

5.       Pursuant to clause 213 of the Local Government Regulation 2005, delegate to the General Manager the authority to approve the abandonment of debts up to the amount of $2,500.

 

Executive Summary

 

A Council may delegate to the General Manager any of its functions other than those functions specifically detailed in section 377 of the Local Government Act 1993.

 

Section 380 requires that each Council must review its delegations during the first twelve (12) months of each term of office. A review has been completed and the proposed delegations to the General Manager are attached to this report as Attachment 1.

 

Legal advice stated that to provide the General Manager the authority to write off debts, this would need to be done through a separate delegation and not within the Instrument of delegation.

 

Discussion

 

Section 377 of the Local Government Act 1993 (“the Act”) enables Council to delegate the functions of Council to the General Manager. This section also specifies various functions such as making of a rate, fixing of a fee, borrowing of money, voting of money for expenditure and the acceptance of tenders that cannot be delegated.

 

The delegation of functions to the General Manager enables the organisation to meet the needs of residents and other stakeholders in an effective and efficient manner. It means that decisions which reflect Council's Policies, codes and other plans can be made at appropriate levels within the organisation. It also enables staff to be authorised to undertake functions under other legislation.

 

Section 380 of the Act provides that each council must review its delegations during the first 12 months of each term of office.

 

Section 377- A Council, may by resolution, delegate to the general manager…any of the functions of Council ..., other than the following.

 

The last time that Council reviewed the General Manager’s delegations (“the delegations”) General Manager’s delegations were reviewed by Council at September 2013 Ordinary Council meeting (with additions provided by Council post this time at attachment 2).

 

Section 378 of the Act states that the General Manager may in turn delegate all functions, except for the power of delegation:

(1) The general manager may delegate any of the functions of the general manager, other than this power of delegation.

(2) The general manager may sub-delegate a function delegated to the general manager by the council to any person or body (including another employee of the council).

 

This is done so through sub-delegations to Directors and staff. The General Manager practically does not delegate all the delegations of authority and in a number of cases limits the delegation when sub-delegated.

 

Organisational sub-delegations were thoroughly reviewed by Governance, the General Manager Directors in March 2017, they are continually updated and reviewed as required.

 

Review of the Delegations

 

The current review of delegations was undertaken with consideration of the current practicality of the delegations, previous legal advice (Local Government legal in 2013) Local Government Legal and research in to other Council’s delegations.

 

The advice that Local Government Legal provided in 2013 was that Council should delegate all Council’s functions under all Acts and Regulations that are in force and as amended, subject to any conditions or limitations placed on a function so delegated (as outlined in section 377 of the act and within the scope of acts and regulations).

 

During the current review, it was considered that this was a far better approach (as outlined below) and in line with a number of Councils researched. The benefits of taking this approach are:

1.   Increased efficiency- currently the General Manager needs to be familiar with all the functions he/she has delegation to perform, which are numerous and extensive (currently 19 pages);

2.   Reduce the risk of inadvertent noncompliance - there may be (in the future) a difference of opinion between the elected Council and the General Manager in relation to the interpretation of some delegations;

3.   Increase the degree of completeness - currently the list of delegated functions may not be complete. Case law indicates that if a delegation is not passed effectively form Council to the General Manager then any authority an officer may have (sub delegated from the General Manager) is not current; and

4.   Future proofing - if Council undertakes additional functions post the instrument of delegation being drawn up and adopted, an amendment will have to be added to the instrument to ensure the General Manager is delegated the additional functions.

 

Council updated the drafted delegations in line with the approach highlighted above and provided again to Local Government Legal for an independent review.

 

At attachment 1 are the delegations as a result of considering Local Government Legal’s advice.

 

In summary the delegations that are provided to the General Manager from Council:

1)   As per Section 377 of the Act are:

a)   All functions on behalf of Council as per Section 377 other than those specified that Council are unable to delegate as outlined in Section 377.

b)   All functions on behalf of Council as outlined in legislation.

2)   As delegated to Council by other authorities (schedule 2 of attachment 1)

3)   As per Section 381 (1) of the Act any function conferred on Council.

 

The delegations outlined above are limited by stating that they are to be exercised subject to relevant legislation, and any resolution or policy or procedure or budget adopted from time to time by the Council.

 

Acting General Manager

 

Section 351 of the Act relates to temporary appointments within the organisation:

If a position (including a senior staff position) within the organisation structure of the council is vacant or the holder of such a position is suspended from duty, sick or absent:

(a) the council, in the case of the general manager’s position, or

(b) the general manager, in the case of any other position, may appoint a person to the position temporarily.

 

If the General Manager is away for any reason, it is general practice that one of the Directors to be appointed to the position of General Manager temporarily. The recommendation contained in this report provides the temporary holder of this position with the appropriate delegations to perform the role.

 

Write off debts

 

Further legal advice stated that to provide the General Manager the authority to write off debts, this would need to be done through a separate delegation and not within the delegations.

 

The resolution relating to writing off debts reflects the current delegated authority the General Manager has, which is the authority to write off debts up to $2,500.

 

Options

 

This report satisfies the statutory obligations of section 380 of the Local Government Act 1993.

 

Council could choose to delegate/sub-delegate functions similar to the current delegations at Attachment 2.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

No community engagement has been sort.

 

Internal Consultation

 

·    General Manager

·    Directors

·    Group Manager Governance and Procurement.

·    Local Government Legal.

 

Planning & Policy Implications

 

There are no planning or policy implications.

 

Financial & Economic Implications

 

There are no financial or economic implications.

 

Attachments

 

1View. Instrument of Delegation to General Manager

2View. Current Instrument of Delegation to General Manager

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.04

 

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

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

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

1.       Stuart Sinclair (Ranger)

2.       Emmalee Andrew (Ranger)

3.       Jack Grant (Ranger – Litter and Illegal Dumping)

 

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 & Procurement.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

There are no identified financial or economic implications.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.05

 

Subject:     Disclosure of Interest Return

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

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

 

 

 

RECOMMENDATION

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

1.       Ranger (2 positions)

2.       Ranger (Litter and Illegal Dumping)

3.       Building Surveyor

 

Executive Summary

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

Discussion

 

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

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

 

1.      Ranger (2 positions)

2.      Ranger (Litter and Illegal Dumping)

3.      Building Surveyor

 

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 Procurement section of Council and, as required by section 6 of the Government Information (Public Access) Act 2009, are available for public inspection, by appointment.

 

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

1.       Ranger (2 positions)

2.       Ranger (Litter and Illegal Dumping)

3.       Building Surveyor

Options

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

Community Engagement & Internal Consultation

 

Internal Consultation

·    Group Manager Governance and Procurement

·    General Manager

·    Ranger (2 positions)

·    Ranger (Litter and Illegal Dumping)

·    Building Surveyor

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

16/08/2017

 

 

Item:          09.06

 

Subject:     Request for Leave of Absence - Mayor Peta Pinson

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council grant leave of absence for Mayor Peta Pinson for the period 29 August 2017 to 24 September 2017, which includes the Ordinary Meeting of Council scheduled for 20 September 2017.

 

Executive Summary

 

Council has received a request for leave of absence from Mayor Pinson for the period 29 August 2017 to 24 September 2017.  During this period one (1) Ordinary Meeting of Council is scheduled.

 

Discussion

 

Council has received a request for leave of absence from Mayor Pinson. The Mayor’s request conforms with clause 235A of Local Government (General) Regulation 2005.

 

Mayor Pinson has requested leave of absence for the period 29 August 2017 to 24 September 2017.  The reason for the Mayor’s request is that she will be outside of the local government area and unable to attend to official Council duties during this time.

 

During the requested leave of absence period one (1) Ordinary Meeting of Council is scheduled:

·    Wednesday 20 September 2017.

 

Options

 

Council can:

1.   Adopt the recommendation.

2.   Refuse leave of absence.

 

Community Engagement & Internal Consultation

 

Internal Consultation

 

·    General Manager.

·    Group Manager Governance & Procurement.

 

Planning & Policy Implications

 

The Mayor’s request conforms with clause 235A of Local Government (General) Regulation 2005.

 

Financial & Economic Implications

 

There are no financial or economic implications.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.07

 

Subject:     Smart Cities Conference

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.1  Comply with Local Government legislation, policies and agreed standards and communicate the impacts of this to the community.

 

 

 

RECOMMENDATION

 

That Council endorse attendance of Councillor Rob Turner to the Smart Cities Conference planned to be held in Sydney on 29 August 2017.

 

 

Executive Summary

 

The Smart Cities Conference is to be held in Sydney on 29 August 2017.

 

As per Council’s Payment of Expenses and Provision of Facilities to Councillors Policy, a Council resolution is required for a Councillor to represent Council at the conference.

 

Discussion

 

The Smart Cities Conference is to be held in Sydney on 29 August 2017.

Key topics to be addressed include:

·      The City of The Future - Sensors, Networks, Hackers and The Future of Urban Life Since cities

·      Innovative financing approaches to City Investments

·      Create effective partnerships between industry, academia and cities to drive city innovation

·      Improve the safety, efficiency, reliability and delivery of essential services

·      Make community precincts more liveable, productive, sustainable and safe

·      Deliver citizen-centric government services and unlock closer community engagement

·      Build adaptable and resilient cities through improved land use and strategic planning

·      Find innovative financing approaches to City Investments

·      Unlock the power of open data, big data and analytics

 

Conference Details

 

Registration is $199.00 (ex GST).

 

 

 

Other Expenses

 

At the time of writing this report Councillor Turner is planning to drive and stay overnight.

 

In addition to the conference cost, costs such as accommodation, travel and any out of pocket expenses, as allowed for under the Policy, will be at the expense of Council.

 

These expenses can be of up to a maximum amount as outlined below and must, if claimed, be accompanied with appropriate documentation:

 

 

Each (ex GST)

Number

Total

Accommodation

$265.00

per night

1

$265.00

Out of Pocket Expenses:

Travel

$0.78

per kilometre

770

$600.60

Out of Pocket Expenses:

Subsistence

$152.80

during attendance

1

$145.30

Out of Pocket Expenses:

Incidentals

(If not already covered)

$27.65

per day

1

$36.40

Grand Total (ex GST)

$1,047.30

 

As per Council’s Payment of Expenses and Provision of Facilities to Councillors Policy (“Policy”), a Councillor may nominate or be nominated to attend conferences, seminars, or similar functions.

 

A Council resolution or approval under delegated authority by the Mayor or General Manager is required for attendance.

 

Attachment 1 to this report is the Smart Cities overview and agenda for information.

 

Reporting Requirements for Conferences

 

As per the Policy, Councillors will report, in writing, in an open session of a Council Meeting on the outcome of the conference, seminar or similar function attended. The report will be submitted to the General Manager (or their delegate) within one (1) month of the Councillor's attendance at the conference, seminar or similar function.

 

Options

 

Council could elect to not send other Councillor representatives to the Conference or to alter the recommendation of which Councillor attend the conference.

 

Community Engagement & Internal Consultation

 

Internal Consultation

 

·    General Manager;

·    Group Manager Governance and Procurement

 

Planning & Policy Implications

 

This report satisfies the requirements of Council’s Payment of Expenses and Provision of Facilities to Councillors Policy.

 

Financial & Economic Implications

 

The 2016-2017 budget contains an allocation for expenses pertaining to conferences and out-of-pocket expenses for Councillors. The attendance by Councillors at the Conference can be funded from within the existing budget allocation.

 

The estimated costs to attend the Conference is $1246.30.

 

Attachments

 

1View. Smart Cities Conference Overview and Agenda

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.08

 

Subject:     Council Policy - Policy Review and Rescissions - Post Exhibition

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Rescind the following Policies and Procedure:

a)      Calling of Quotations / Tenders for Contractors Policy;

b)      Good Governance Policy;

c)      Plaques Policy;

d)      Reporting requirements for Community Leases Policy;

e)      Use of a Purchase Card and or Corporate Card Procedure.

2.       Adopt the following amended Policies and Plan:

a)      Airport Leasing of Land and Buildings Policy;

b)      Debt Recovery Policy;

c)      Gifts and Benefits Policy;

d)      Privacy Management Plan;

e)      Rates and Charges Hardship Assistance Policy.

 

Executive Summary

 

The following Policies and Procedure were placed on public exhibition with the intention to rescind:

·        Calling of Quotations / Tenders for Contractors Policy;

·        Good Governance Policy;

·        Plaques Policy;

·        Reporting requirements for Community Leases Policy;

·        Use of a Purchase Card and or Corporate Card Procedure.

 

The following Policies and Plan were placed on public exhibition with the intention to amend:

·        Airport Leasing of Land and Buildings Policy;

·        Debt Recovery Policy;

·        Gifts and Benefits Policy;

·        Privacy Management Plan;

·        Rates and Charges Hardship Assistance Policy.

 

There were no submissions during the public exhibition process.

 

Discussion

 

At the Ordinary Council Meeting on 21 June 2017, following a review of a number of Policies, Procedures and Plans, Council resolved to place on public exhibition from 28 June 2017 to 25 July 2017 (28 days) the following Policies, Procedures and Plans for rescission or amendment.

 

Policies/procedure recommended for rescission were:

·        Calling of Quotations / Tenders for Contractors Policy;

·        Good Governance Policy;

·        Plaques Policy;

·        Reporting requirements for Community Leases Policy;

·        Use of a Purchase Card and or Corporate Card Procedure.

 

Policies/plan recommended for amendment were:

·        Airport Leasing of Land and Buildings Policy;

·        Debt Recovery Policy;

·        Gifts and Benefits Policy;

·        Privacy Management Plan;

·        Rates and Charges Hardship Assistance Policy.

 

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

 

There were a total of 106 visits to Council’s engagement website page during the exhibition period. Forty (40) documents were downloaded or viewed. No submissions were received from Council’s engagement website.

 

An analysis of activity by document is provided in the table below.

 

Document Name

Downloads and Views

Submissions

Calling of Quotations / Tenders for Contractors Policy

2

0

Good Governance Policy

5

0

Plaques Policy

2

0

Reporting requirements for Community Leases Policy

2

0

Use of a Purchase Card and or Corporate Card Procedure

3

0

Airport Leasing of Land and Buildings Policy

4

0

Debt Recovery Policy

12

0

Gifts and Benefits Policy

3

0

Privacy Management Plan

2

0

Rates and Charges Hardship Assistance Policy

5

0

Total

40

0

 

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

 

It is recommended that Council:

 

1. Rescind the following Policies:

·        Calling of Quotations / Tenders for Contractors Policy;

·        Good Governance Policy;

·        Plaques Policy;

·        Reporting requirements for Community Leases Policy;

·        Use of a Purchase Card and or Corporate Card Procedure.

 

2.       Amend the following Policies:

·        Airport Leasing of Land and Buildings Policy;

·        Debt Recovery Policy;

·        Gifts and Benefits Policy;

·        Privacy Management Plan;

·        Rates and Charges Hardship Assistance Policy.

 

Options

 

Council has the option not to rescind or amend some or all of the Policies identified within this report.

 

Community Engagement & Internal Consultation

 

The Policies, Procedures and Plan that are the subject of this report were available for public comment from 28 June 2017 to 25 July 2017 (28 days). No submissions were received

 

Planning & Policy Implications

 

This report recommends the rescission of four (4) current Council Policies and one (1) current Council Procedure.

 

This report recommends the amendment of four (4) current Council Policies and one (1) current Council Plan.

 

Financial & Economic Implications

 

There are no financial or economic implications.

 

Attachments

 

1View. Policy - Calling of Quotations - Tenders for Contractors

2View. Policy - Good Governance

3View. Policy- Plaques

4View. Policy - Reporting Requirements for Community Leases

5View. Policy - Use Of A Purchase Card And Or Corporate Card Procedure

6View. Policy - Airport - Leasing of Land and Buildings

7View. Policy - Debt Recovery

8View. Policy - Gifts and Benefits

9View. Draft Privacy Management Plan

10View.           Policy - Rates and Charges Hardship Assistance

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.09

 

Subject:     Council Policy - Policy Review and Rescission

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Place on public exhibition from 23 August 2017 to 19 September 2017 (28 days) its intention to rescind the Lobbying Policy.

2.       Place on public exhibition from 23 August 2017 to 19 September 2017 (28 days) the revised Provision of Information and Interaction Between Councillors and Staff Policy.

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

 

Executive Summary

 

As a result of the 2016 Policy review, Council at its meeting held on 20 July 2016 resolved for a number of Policies to be reviewed, this included the

 

The Lobbying Policy and Provision of Information and Interaction Between Councillors and Staff Policy.

 

It is recommended to publically exhibit the two (2) policies with the intention to:

·    rescind the Lobbying Policy and replace it with the ICAC publication Lobbying local government councillors – A guide for councillors, constituents and other interested parties (August 2006) on the Council external website; and

·    Make minor amendments to the Provision of Information and Interaction Between Councillors and Staff Policy.

 

Discussion

 

As a result of the 2016 Policy review, Council at its meeting held on 20 July 2016 resolved for a number of Policies to be reviewed, this included the

 

The Lobbying Policy and Provision of Information and Interaction Between Councillors and Staff Policy.

 

Lobbying Policy – recommended for rescission

It is recommended to rescind the Council Lobbying Policy.

The current Lobbying Policy was adopted at the July 2012 Ordinary Meeting of Council.

This policy was developed in recognition that appropriate lobbying in local government is common, normal and part of the democratic process. It is an acceptable feature of the relationship between citizens and Council officials.

The objective of this policy was to promote trust in the integrity of Council processes and to ensure that contact between Lobbyists and Council officials is conducted in accordance with public expectations of transparency, integrity and honesty. This policy provides guidance to Council officials to reduce the likelihood of being influenced, or perceived that they are being influenced, in the performance of their duties when being lobbied.

During the policy review a number of Councils were researched in regards to their approach to lobbying controls. An approach in lieu of a policy is to provide the ICAC publication Lobbying local government councillors – A guide for councillors, constituents and other interested parties (August 2006) (“the publication”) on the external website. Much of the content in the publication is reproduced and referenced in the current Lobbying Policy. The publication is provided at Attachment 1.

Taking a risk based approach and supporting efficiency (and reduced duplication) it would be prudent to rescind the current Lobbying Policy and to resolve to provide the publication on Council’s website (and intranet).

The current Lobbying Policy is provided at Attachment 2.

Provision of Information between Councillors and Staff Policy

The current Provision of Information between Councillors and Staff Policy was adopted at the July 2012 Ordinary Meeting of Council.

This Policy establishes the principles by which Councillors may access information and interact with staff in order to undertake their civic office functions, whilst facilitating a positive working relationship between Councillors and staff and provides guidance to both Councillors and staff on these principles.

 

Following a review of the Provision of Information and Interaction Between Councillors and Staff Policy, it is recommended that the Policy be amended.

 

Amendments

Additional text

Additional text to provide clarification of when an informal GIPA application must be lodged (in grey):

Within 2.1.1 Councillor Access to Information

Councillors wishing to access Council information, other than ‘open access information’ as prescribed by the GIPA Act that is not relevant to their civic duties, must make an application to the General Manager or Public Officer.

Additional text to reflect subcommittee, advisory group and portfolio meetings (in grey):

Within 2.2.3 During Meetings

The interaction between Councillors and Council staff at Council and Committee meetings is regulated by:

·    Council’s Code of Meeting Practice;

·    The Local Government Act 1993;

·    The Local Government (General) Regulation 2005; and

·    Council’s adopted Code of Conduct.

·    Council’s Delegated Authorities

 

Councillors and Council staff must show respect to the Chair, other Council officials and any members of the public present during Council and Committee meetings or other formal proceedings of Council.

 

The interaction between Councillors and Council staff at subcommittee, steering group and advisory group meetings are regulated by the applicable adopted charters.

 

The interaction between Councillors and Council staff at Portfolio meetings are regulated by the Councillor Portfolio Protocol.


Removal of text

The following text has been removed to support a more practical approach to information request record keeping:

2.1.1.2 Councillor Access to Information Register

 

Council will maintain a register of all Councillor information applications lodged.

 

Any information that is given to a particular Councillor in pursuit of their civic duties will also be made available to any other Councillor who requests it.

 

Other minor changes

 

The following minor amendments have been made to this policy to the previous version:

1.   Expansion of definitions

2.   Minor wording changes

3.   Reformatting to the revised policy template.

 

The Provision of Information between Councillors and Staff Policy is provided as Attachment 3.

 

Options

 

Council has the option to adopt for either one or neither of the policies, to be placed on public exhibition for the purposes of rescission or amendment.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

The Making of Council Policy policy requires Council to place on public exhibition its intention to rescind or amend a Council policy.

 

Should Council resolve to exhibit the policies for the purpose of rescission or amendment, a further report will be presented to Council to further consider the policies subject to the submissions received during the public exhibition period.

 

Internal Consultation

 

·        General Manager.

·        Directors.

·        Group Manager Governance & Procurement.

 

Planning & Policy Implications

 

There are no planning implications in relation to this report.

 

This report recommends the rescission of one (1) policy and the amendment of one (1) policy.

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Lobbying local government councillors - A guide for councillors, constituents and other interested parties

2View. Policy - Lobbying

3View. Policy - Provision of Information between Councillors and Staff

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.10

 

Subject:     2016-2017 Operational Plan end of year - Quarterly Progress Report as at 30 June 2017

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.1.4 Provide easy to understand and accessible community reporting.

 

 

 

RECOMMENDATION

 

That Council note the 2016-2017 Operational Plan end of year - Quarterly Progress Report as at 30 June 2017.

 

Executive Summary

 

This is the end of year quarterly report assessing Council’s delivery against the actions and performance measures adopted in the 2016-2017 Operational Plan.  It seeks to provide concise and accurate information on progress made in delivering the Operational Plan actions, activities and projects up to the 30 June 2017.

 

This year has seen 92% of the 2016-2017 Operational Plan delivered. Comparison results for delivery on previous Operational Plans were 82% in 2015-2016 and 80% in 2014-2015. 

 

The overview section of the report provides a statistical snapshot of Operational Plan performance measurement data across the organisation. Analysis of achievements and actions that are behind target are outlined in each Focus Area.

 

The attachment provides the full 2016-2017 Operational Plan Performance Report, which includes a comprehensive listing of each individual action, performance measure, target and commentary on progress.

 

Meeting the targets and performance measures in the annual Operational Plan contributes to the overall achievement of the objectives outlined in the 2013-2017 four year Delivery Program. Review of Delivery Program occurs on a six-monthly basis and is next scheduled to be reported to Council in September 2017.  This will be the final six monthly report on the existing 2013-2017 Delivery Program. 

 

Capital works projects are incorporated into the body of the Operational Plan and as such are reported on as individual actions with performance measured against the adopted project plan. A number of capital works projects along with their associated budgets were deferred to the 2017-2018 Operational Plan at the Ordinary Council Meeting held in May 2017 as a result of significant wet weather events across the region in early 2017 impacting on delivery.  It should also be noted that a number of projects span across a number of years. These projects may have design and construction elements, therefore, project delivery will be achieved across a number of years. 

 

Discussion

 

Overview: 2016-2017 Operational Plan - Quarterly Progress Report as at 30 June 2017

 

The 2016-2017 Operational Plan contains 229 actions with the total number of performance measures being 320.

As at 30 June 2017, 92% of Operational Plan actions were delivered and/or work is progressing for delivery on multi-year projects.  Currently, 26 Operational Plan actions are reported as behind target, representing 8% of overall actions.

 

 

Operational Plan Summary of Performance Measures by Focus Area

Focus Area

Total

On target

Achieved

Behind 

Overall delivery

 

Governance

67

6

61

0

100%

 

People

63

1

60

2

97%

 

Prosper

25

0

21

4

84%

 

Environment

23

1

18

4

83%

 

Infrastructure

142

51

75

16

89%

 

Totals

320

59

235

26

92%

 

 

Detailed Analysis by Focus Area

 

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

 

Focus Area

Total measures

On target

Achieved

Behind

Ensuring good governance

67

6

61

0

 

Highlights

·    The Legislative Compliance review for 2015-2016 was presented to the Audit Committee and the Ordinary Council Meeting in August 2016

·    Investment Reports tabled in accordance with required timelines

·    Financial Reports tabled in accordance with required timelines

·    The 2015-2016 Annual Report presented to Council in November 2016 and a easy to read Community Report Card was also published

·    The six monthly progress report on the 2013-2017 Delivery Program was presented to Council in March 2017 in line with legislation

·    The 2015-2016 Government Information Public Access (GIPA) Annual Report was completed

·    The Annual Code of Conduct Complaints Report, Annual Disclosure of Interests and report on Public Interest Disclosures were all completed

·    The Payment and Expenses and provision of facilities for Councillors Policy was reviewed and submitted to the office of Local Government in line with legislation

·    The review of compliments and complaints was completed with a report presented to Council in August 2016

·    A range of communication tools were used to keep community up to date with council activities including quarterly distribution of the Community Now Newsletter, use of consistent media channels such as social media, newspaper advertising and Weekly Mayoral messages

·    Facebook likes increased from 4,714 at June 2016 to 6,475 to June 2017 extending Council’s reach

·    Ongoing conversation with other levels of government included meetings with State and Federal members and participation in Mid North Coast Regional Organisations of Councils (MIDROC) 

·    Over 108,000 calls received through the customer call centre, with over 84% of calls answered within the set service standard and 91% of those handled at the first point of contact

·    Over 106,000 counter enquires were processed and over 25,000 e-mails were handled during the financial year

·    Over 1,115 Development Applications, over 500 Construction Certificates and over 115 Complying Development Certificates determined for the financial year

·    Business improvement initiatives remain a focus to identify opportunities for process improvement across the organisation

 

Operational Plan actions behind target

·    All Operational Plan actions have been delivered in this focus area

 

Focus Area

Total measures

On target

Achieved

Behind

Looking after our people

63

1

60

2

 

Highlights

·    Over 550 pool inspections completed exceeding the set target of 250

·    Over 1,000 risk based audit inspections were completed

·    Over 280 public health risk based audit inspections were completed

·    Over 50 fire safety inspections were completed

·    NAIDOC Week supported. Program of activities included the official flag raising Ceremony, NAIDOC Week School Holiday Program and collaboration with Glasshouse for exhibition opening BLAK Douglas and Milton Budge

·    Sorry Day event held on National Sorry Day in May 2017

·    Annual review of grant compliance completed July 2016

·    Youth Advisory Council have successfully completed two skills development courses as planned

·    Youth Week supported. 

·    Annual Report of achievements against the Disability Discrimination Act action plan was presented to the October 2016 Ordinary Council Meeting

·    The Countdown to Christmas event was held with over 8,000 people attending

·    The Handa Sister City cultural exchange and been coordinated and held

·    Annual Report on activities of the Mayor's Sporting Funds was presented to the Ordinary Council Meeting in December 2016

·    Approx 5,200 students across a range of schools have participated in the lifeguard education program

·    A priority listing relating to bushfire risk mitigation for hazard reduction on Council land has been completed

·    NATA corporate accreditation in relation to the Laboratory has been maintained during the period

·    Seniors week program developed and delivered in March, with over 1,000 seniors attending and 84 store holders in attendance

·    Annual Australia Day events were held across the region

·    Over 20 performing arts events and over 25 visual arts events were held at the Glasshouse during the financial year

·    Over $14,000 was raised for the Mayor’s Sporting Fund through fundraiser events helping support local athletes

·    Over 400 booking were recorded at the Port Macquarie Library Imaginarium

·    Over 36,000 e-books were downloaded through the Library databases

·    Over 15,000 new items were purchased for the Local Libraries updating books and equipment

 

Operational Plan actions behind target

·    Installation of the Town and Village signage has seen ongoing work with the community undertaken on symbolism with signage installation to be undertaken in the coming months

·    Town Centre Master Planning for place making activation is underway with the final plan to be finalised with the Town Centre Master Plan Committee

 

Focus Area

Total measures

On target

Achieved

Behind

Helping our community prosper

25

0

21

4

 

Highlights

·    Operating revenue from Glasshouse Commercial operations, Port Macquarie Airport and Innes Gardens Crematorium is 3% higher than the YTD data from the prior year

·    Upgrade of the Port Macquarie Historic Cemetery complete

·    Improvements completed at local cemeteries across the region

·    Support of 11 local events under the Events Sponsorship program resulting in a combined economic impact of $2.93 million for the local community

·    Implementation of the Major Events Strategic Action Plan has seen 25 Major events sponsored by Council resulting in a total of $33.64 million injected into the local economy which is a 17.5% increase from 2015-17 financial year

·    Implementation of the Port Macquarie Airport Master plan actions remains a focus

·    Ongoing implementation of the industry action plans for manufacturing, construction, and transport and warehousing industries

·    Port Macquarie Airport Terminal Building upgrade is ongoing with finalising of the concept plan in progress

·    Implementation of the Digital Strategy actions is ongoing.  The free public Wi-Fi trial commenced in March and is currently in the monitoring of usage phase

 

Operational Plan actions behind target

·    Preparation of Local Environmental Plan and Development Control Plan amendments in relation to a business park near Port Macquarie Airport has seen a review of landowner submissions underway.  A report to Council is proposed for August/September 2017 pending approval of Airport Bio Certification application by NSW Environment Minister

·    Preparation of Local Environmental Plan amendments to facilitate development in the Major Innes Rd/Charles Sturt University precinct has the Orbital Road Study in preparation.  Ongoing monitoring of landfill gas migration also required

·    Airport passenger numbers were recorded as 225,791 slightly below the set target of 226,000 for the financial year

·    Aircraft movements were recorded as 5,328 slightly below the set target of 5,500 for the financial year

 

Focus Area

Total measures

On target

Achieved

Behind

Looking after our environment

23

1

18

4

 

Highlights

·    20% of plant nurseries across the Local Government Area have been inspected for invasive weeds achieving the set target

·    Control of feral animals on Council-controlled land has been undertaken on five sites

·    Over 1,000ha of land have been treated for invasive weeds

·    Over 2,300km of weed dispersal routes have been treated

·    Over 1,100ha of bush regeneration has been undertaken

·    Draft Biodiversity Strategy preparation underway

·    Kew Transfer Station complete

·    Kingfisher Waste Depot has the Development Application approved

·    Over 60 Illegal tree works have been investigated during the financial year

·    Draft Open Space Development Contribution Plans have been prepared

 

Operational Plan actions behind target

·    Effluent quality was 98% compliant with Environmental Protect Authority licence discharge limits for the reporting period, slightly below the set target

·    Delivery methods for the Waste Education Program is currently under review

·    Preparation of the plan to promote the conservation of key koala habitat for the coastal areas of the Port Macquarie-Hastings local government area was delayed due to uncertainty regarding the State Government review of their Koala planning policy

·    Over 1,790 tree management enquires/requests have been received, made up of 1,343 (Public), 380 (Private) and 67 (reported illegal actions). Handling of over 700 additional phone enquiries was also undertaken.  In accordance with the service standard and industry best practice, providing advice on tree management is slightly behind the set service standard target

 

Focus Area

Total measures

On target

Achieved

Behind

Planning and providing our infrastructure

142

51

75

16

 

Highlights

·    Design and preconstruction works for the walkway from Town Beach to Kooloonbung Creek completed

·    Beechwood Road preconstruction for upgrades of segments 20, 40 and 50 designs completed

·    Hastings River Drive improvements at Gordon St to Aston St completed

·    Lake Rd/Blackbutt intersection improvements completed November 2016

·    Port Macquarie Indoor Stadium upgrades completed

·    Westport Reserve - Stage 2 boat ramp upgrade completed

·    Town Beach (north) public amenities completed November 2016

·    Roundabout construction at the intersection of Hill and Granite St completed

·    Designs for pedestrian amenity improvements – Kew to Laurieton along Ocean Drive and Bold Street completed, forming part of the schools to schools project

·    Port Macquarie Indoor Stadium extension upgrades completed

·    Wauchope Swimming Pool upgrade of the 50m pool completed

·    Development of the Henry Kendall leash free dog area completed

·    Intersection improvements at Lake Road and Blackbutt Road completed

·    New toilet block at Bonny Hills completed

·    Maintenance program for parks, reserves, sporting fields and beaches undertaken including a clean-up of Town Beach in March 2017 from extreme wet weather conditions resulting in 600 tonne of debris being removed

·    Maintenance program for boat ramps, wharves and jetties undertaken with frequently used ramps cleaned four times per year

·    Playground equipment program completed, some of which included upgrades at Innes Lake Park, Lake Cathie Community Hall reserve, Long Flat Showground, Muston Street Reserve and the Children’s cycle track at Blair Reserve

·    Replacement of the timber board walk at Kooloonbung Creek Nature Park completed

·    The structure plan for the proposed future urban release area to the west of Wauchope adopted by Council in March 2017

·    Construction of the rising main along Ocean Drive - North Haven to Laurieton completed

·    New sewer mains – Stingray Creek Bridge completed

·    Port Macquarie Sewerage Treatment Plan - dewater effluent ponds 3 was completed to comply with Environmental Protection Act commitments

·    Small Town sewerage program for North Shore commissioned

·    Responding to all customer requests within the set service standard in relation to the water and sewerage networks to ensure public health and safety has been achieved

·    Chemical dosing system upgrade at Bonny Hills completed

·    Open drain reprofiling at Oleander Ave to Koala Street was complete

·    The Short Street drainage condition rating and investigations project was complete

·    Construction of footpath across the region for the July 2016 to March 2017 period includes Lord St Port Macquarie (100m), Munster St Port Macquarie (220m), Highfields Cct Port Macquarie (20m), Orara St Kendall (140m) and Bain St Wauchope (110m) and Central Rd Port Macquarie (365m)

·    Road surfacing and rehabilitation works completed. Wauchope reseals were completed in February 2017 on the streets surrounding Blackbutt Dr and Cowarral Cct. Road rehabilitation projects nominated for delivery in 2016-2017 included the following sections: - King Creek Road, Wauchope (completed) - Sarahs Cres, Wauchope (underway) - Diamond Head Rd, Dunbogan (completed) - Captain Cook Bicentennial Dr, Laurieton (completed) - Glen Haven Dr, Lakewood (completed) - Stoney Creek Rd, Wauchope (completed) - Ocean Drive, Lakewood (early July) - Ocean Drive, Bonny Hills (early July) - Ocean Drive, Lake Cathie (early July)

·    Maintenance and repair program completed including inspections, cleaning, clearing and minor drainage remediation improvements

·    Design and preconstruction work for North South Link Road – Stage 3 is being finalised

·    Preconstruction works for duplication of Greenmeadows Drive south to Matthew Flinders Drive - Ocean Drive is ongoing

·    Hastings River Drive – Hughes Place to Boundary Road has project planning underway

·    Continuing works on Stingray Creek Bridge replacement

·    Construction of road safety treatments along Pappinbarra Rd from Pipeclay Road to Koree Island Road have works practically completed pending final seal and line marking

·    Construction of road safety treatments at two locations on Bago Road, 650m north of Milligan’s Road and 250m south of Isabel Place have work practically complete pending final seal and line marking

·    Construction of road safety treatments at the intersection of Bridge Street and Gore Street, Port Macquarie

·    Area Wide Traffic Study is ongoing with draft report received

·    Port Macquarie Coastal Walk Master Plan development has commenced with initial community engagement completed

·    Port Macquarie Reclaimed Water Treatment Plant upgrades completed in January 2017 with final minor works to be completed

 

Operational Plan actions behind target

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

·    Beechwood Road reconstruction designs of Stages 5 and 6 are pending resolution of Yippen Creek road crossing

·    Construction of Houston Mitchell Drive, Stages 2 and 3, from the new Houston Mitchell Drive/Ocean Drive roundabout are continuing

·    Construction of a shared path between Miala Street and Lake Cathie Medical Centre Ocean Drive is nearing completion pending water main interconnection ahead of final concreting works

·    Wauchope Town Centre Master Plan development is pending Wauchope Main Street works to commence in the new financial year

·    Town Centre Master Plan development is underway with ongoing discussion with the Town Centre Master Plan committee ongoing

·    Preparation and review of the draft Urban Growth Management Strategy was pending final release of the North Coast Regional Plan which occurred in March 2017.  Finalisation is underway. Strategy report to Council expected by September 2017

·    Preparation of Local Environmental Plan and Development Control Plan amendments for the South Lindfield urban release area is underway. Changes arising from resolution of the Ordinary Council Meeting in March require revisions to Local Environmental Plan and associated Planning Agreements

·    Review of the Neighbourhood planning for Thrumster (Area 13) has detailed project plan prepared. Preparation of comprehensive Koala Plan of Management delayed due to uncertainty regarding the review of State Government Koala planning policy

·    O’Briens Dam rehabilitation works has final designs and cost estimates issued by NSW Public Works and are to proceed to the construction phase. Project delayed by operational priorities

·    Port Dam switchgear upgrade currently has specifications under review before proceeding to the tender phase

·    Kendall Booster Water Pump station is delayed due to potential change to disinfection methodology

·    Thrumster (Area 13) Sewerage Treatment Plant environmental impact and concept study has project planning under development

·    Camden Haven upgrade and upsize of mains and pump stations. Sewer pump station upgrade completed. Mains upgrade ongoing and in accordance with approved budget. Investigation extended to allow for acid sulphate assessment, with further design currently underway. Anticipated completion early July 2017

·    Port Macquarie sewer treatment plant aerator replacement is pending the required replacement parts. This project will be completed in the new financial year

·    Ten reportable incidents recorded in relation to the operation of the sewerage network for the financial year. All incidents were dealt with in accordance with pollution incident response management plan

 

Options

 

Seek further information on performance measures reflected in this report.

 

Community Engagement & Internal Consultation

 

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

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The financial statements for the 2016-2017 financial year are currently being prepared and will be presented to Council following audit.

 

Attachments

 

1View. 2016-2017 Operational Plan end of year - quarterly progress report as at 30 June 2017.

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.11

 

Subject:     Investments - July 2017

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

RECOMMENDATION

 

That Council note the Investment Report for the month of July 2017.

 

 

Executive Summary

 

·    Total funds invested as at 31 July 2017 equals $249,167,362.

·    The actual year-to-date investment income of $658,262 represents 12.35% of the total annual investment income budget of $5,330,600.

·    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).

 

In April 2017 at the Ordinary Meeting of Council, Council resolved to undertake an external independent review of Council’s internal and external financial reserves. The UTS Institute for Public Policy and Governance, incorporating the UTS Centre for Local Government has now been engaged to undertake this review and this review is well underway.

 

In addition, in May 2017 at the Ordinary Meeting of Council, Council resolved to defer $18.7 million of Capital Works to the draft 2017/2018 Operational Plan. In essence, the funding for these works will now remain invested until these works are undertaken in 2017-2018.

 

In a separate agenda item to this meeting (2016-2017 Carry-Over Projects), a number of 2016-2017 carry-over projects are recommended for inclusion in the 2017-2018 Operational Plan. Likewise, funding for these works will also be invested until these works are completed/undertaken in 2017-2018.

 

Current Investments

 

Council is required to undertake investments in accordance with section 625 of the Local Government Act 1993.  This report provides details of Council’s investments, and certifies that all funds that Council has invested as at 31 July 2017, comply with this Act.

 

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

 

As at 31 July 2017, the investments held by Council totalled $249,167,362.

 

At the time of writing this report, key end of financial year transactions were still being processed which have not allowed for the determination of allocation of monies between Council funds this month.  This is consistent with prior years. Consequently, investments by funds are not detailed in this report.

 

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.

 

Portfolio Performance

 

·    Council’s total investment portfolio performance as at 31 July 2017 was 1.46% above the benchmark (3.09% against 1.63%).  Benchmark being the Bank Bill reference rate as at 26 July 2017 in the Australian Financial Review published 28 July 2017.

·    The actual year-to-date investment income of $658,262 represents 12.35% of the total annual investment income budget of $5,330,600.

 

 

 

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 94.31% of the total investment portfolio.  As at 31 July 2017, the total investment portfolio was $249,167,362 which is down from $250,529,324 as at the end of June 2017. This consists of term deposits of $235,000,000 and cash $14,167,362.

 

 

 

 

Term Deposits - Current month $235,000,000 - Prior month $233,000,000

 

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 31 July 2017 is as follows:

 

Table 1 - Term to Maturity

 

This table as at 31 July 2017 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

 

All institutions that Council invests with are rated by acknowledged credit rating agencies, Standard & Poors, Moody’s and Fitch.  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 tables below group 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. 

 

As advised in the previous report to Council, Standard & Poors and Moody’s downgraded a number of Australian financial institutions which affected the limits held within both the rating and institutional limit frameworks, as required within Council’s Investment Policy.

 

A review of Council’s Investment Policy, and the approach to the recent rating event has been undertaken.

 

This has been listed as an agenda item for the next Audit, Risk and Improvement Committee meeting which is being held on 10 August 2017. Any outcome/recommendation from this meeting will be reported back to a future meeting of Council.

 

Standard & Poors

 

As previously identified, as a result of the downgrading by Standard and Poors of Bank of Queensland and Bendigo & Adelaide Bank from the A to the BBB category, the BBB category is now in excess of the policy’s maximum limits.  Despite further investment throughout July, the BBB category remains in excess.

 

 

Moody’s

 

Whilst Moody’s also downgraded a number of institutions, no institution was required to move to a different rating band. Council therefore remains within policy limits.

 

 

 

Cash - Westpac Business Cash Reserve Account

Current month $14,167,362 - Prior month $17,529,324

 

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 July, $9 million in funds matured with $11 million in funds reinvested into term deposits.

 

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 (1.63%  26 July 2017).

 

The largest sector of the portfolio is the term deposit allocation of $235,000,000 (last month $233,000,000) or 94.31% of the total.

 


 

Investment Portfolio by Maturity Date - as at 31 July 2017

 

 

 

*The investments highlighted in yellow in the table above are new investments for July 2017.

 


 

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 31 July 2017 is 1.46% above the benchmark (3.09% against 1.63%) and year to-date income is 12.35% 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 $8,113.24 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

16/08/2017

 

 

Item:          09.12

 

Subject:     Monthly Financial Review for July 2017

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

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

 

 

RECOMMENDATION

 

That Council adopt the adjustments in the “Financial and Economic Implications” section of the Monthly Financial Review Report for July 2017.

Executive Summary

 

This report will detail the monthly budget adjustments to 31 July 2017.

 

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

The budget adjustments for July 2017 contained within this report maintain this shortfall position.

 

Discussion

 

Monthly Budget Adjustments for July 2017

 

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

 

 

Monthly Budget Review Summary

 

 

Original Budget as at 1 July 2017

 

Shortfall

 

($586,858)

Plus adjustments:

 

 

July Review

Balanced

$0

Forecast budget position for 30 June 2018

Shortfall

($586,858)

July 2017 Adjustments

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

 

Description

Notes

Funding Source

Amount

Grant Funds

1

Grant/Reserve

$5,003,612

Transfers between accounts

2

Revenue

$40,000

Reserve/S64 Transfers

3

Reserve/S64

($17,070,002)

Council Report adjustments

4

Reserve

$80,522

Contributions

5

Contribution

$137,263

Total

 

 

($11,808,605)

The following are included in the July 2017 adjustments:

1.    A number of additional grants have been received and included this month, the total increase in project value is $5,003,612

-     Vroom Augmented Library Spaces $175,915.  A portion of this grant was included last financial year.  This amount reflects the amount expected to be expended this financial year.  The purpose of this grant is twofold.  Firstly it will be used to create a dedicated space within the library to showcase virtual reality technology and secondly it will be used to provide eight additional quiet study rooms to meet increased demand.  The project will increase the size of the library from 2100 to 2178 square metres.

-     Investment Attraction Project 2017 $13,636 Grant funds and $12,000 economic development reserve funds have been allocated to this project.

-     Wauchope Pool Facility Upgrade $1,480,000.

-     Flynn’s Beach – Upgrade of the seawall $922,500.

-     Wayne Richards Park Stage 3.  As part of the grant conditions Council has to apply interest to any unspent grant funds.  The adjustment in this review is to cover the interest accrued for 2016/17 $17,001.

-     Illegal Dumping Clean up and Prevention Program $107,560.

-     Wauchope CBD Pedestrian Redesign – All Stages $1,800,000

-     Design pedestrian signals at Gordon Street, Port Macquarie $75,000

-     Construct a shared path along Ocean Drive from Pacific Highway to Glen Haven Drive $400,000 ($200,000 grant funds and $200,000 reserve funds)

2.    $40,000 in bank fees funding has been transferred from financial services to customer services to better reflect costs that apply to that area.

 

3.    There have been a number of changes to reserve/S64 funded projects this month that amount to a total reduction in reserve/S64 funding of $17,070,002.

 

-     The Cairncross facility upgrade and expansion approvals project commenced in October 2014 but was not carried over due to uncertainty around the amount of budget that would be required in 16/17 and 17/18.  The budget adjustment of $30,000 included in this review is to recognise the amount required for this project in 2017/18.

-     The Kingfisher Waste Depot currently has a budget of $1,500,000 for upgrade and expansion.  It is unlikely that there will be any construction undertaken in this financial year.  A budget of $200,000 has been left in 2017/18 for design works.

 

The Water and Sewer Section have made adjustments to this year’s budget to reflect the current capital works program.  The revised program has re-prioritised the capital works program based on current modelling to meet the infrastructure requirements for future development.  The projects budgets have been adjusted to reflect anticipated expenditure on these projects to limit potential carry-overs in the future.

 

-     The Southern Arm Trunkmain has been deferred to 2018/19 and 2019/20.  The total budget of $7,500,002 has been reduced by $7,000,002 leaving a budget of $500,000 for design works.

-     The Thrumster Reclaimed Reservoir including land acquisition project with a current budget of $4,000,000 has been deferred to 2018/19 with a budget of $100,000 remaining to cover design works.

-     The Granite Street No 2. 25ML Reservoir with a current budget of $5,000,000, has been deferred to 2018/19 with a budget of $100,000 remaining to be used on design works.

 

Budgets have also been included in the current Operational Plan to construct each of the three village sewerage schemes (Comboyne, Long Flat and Telegraph Point), however these are multi-year projects and the amounts detailed in the Operational Plan are unlikely to be spent in 2017/18 budget year.

 

Assuming contract award December 2017, and subsequent site establishment in January 2018, it would be unlikely to see a progress claim until April 2018. Once contracts are awarded and program of works known, actual expenditure can then be more accurately established with budgets adjusted at that time.

 

4.       Item 14.02 to the Committee of the Whole meeting of 19 July 2017 has resulted in an additional $80,522 being applied to two projects for sporting field floodlights.

 

5.       Council has received a contribution towards Beechwood Road Reconstruction – Riverbreeze to Waugh Street from a developer in the region in the amount of $137,263.

           

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 maintain the budget shortfall at $586,858.

 

Responsible Accounting Officer Statement

The approved original budget result for 2017-2018 was a shortfall of $586,858.  This report has made no change to this position.  The shortfall position is considered an un-satisfactory result for the year and as such budgets will need to be closely monitored during the remainder of the year with a view to reducing this shortfall.

 

 

Attachments

1View. July 2017 Budget Review

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.13

 

Subject:     2016-2017 Financial Statements Audit

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

1.       That Council refer to audit the draft Financial Statements as at 30 June 2017.

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

 

 

Executive Summary

 

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

 

Discussion

 

The draft financial statements for the year ended 30 June 2017 are nearing completion.  The external audit is due to commence on the 18 September 2017 and will run for one week.  The auditors aim is to complete their audit by the end of September 2017 which means the statutory deadline of 31 October 2017 will be met.  A copy of the audited financial statements is due at the Office of Local Government by 31 October 2017.

 

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

 

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

 

Options

 

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

 

Consultation/Submissions

 

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

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. 2016-2017 General Purpose Statement

2View. 2016-2017 Special Purpose Statement

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.14

 

Subject:     2016-2017 Carry-over Projects

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

redu

 

RECOMMENDATION

 

That Council:

1.    Adopt the 2016-2017 carry-over projects outlined in the report for inclusion in the 2017-2018 budget.

2.    Amend the 2017-2018 one year Operational Plan to include all projects approved to be carried over as individual action items.

 

Executive Summary

 

This report lists projects from the 2016-2017 budget which were not completed in the financial year and need to be carried over into the 2017-2018 budget to enable finalisation.

 

Adopting these projects for inclusion in the 2017-2018 Operational Plan (and budget) ensures that they will continue or be completed.

 

Preliminary expenditure figures show that Council has expended over $68 million in 2016-2017 on works program projects.  The final expenditure figures will not be known until late August as invoices for 2016-17 are still being received. This expenditure is significantly higher than the average over the last 7 years as shown by the following table.  Some of these projects are capital whilst others are operational in nature.  This expenditure is in addition to recurrent operational expenditure incurred in delivering services to the community.

 

Year

Total Works Program Spend

2016/2017

$68,504,085

2015/2016

$79,662,838*

2014/2015

$45,560,938

2013/2014

$42,870,238

2012/2013

$44,279,580

2011/2012

$35,180,355

2010/2011

$34,973,162

*This figure was reported to the 10 August 2016 Ordinary Council meeting as $73,279,401 as a preliminary result.

 

Discussion

 

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

 

Attached to this report is a full listing of projects that were partially completed in 2016-2017 and need to be carried over to allow completion in the 2017-2018 financial year. The carry-over value for 2016-2017 is $19,053,479. 

 

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

Fund

Section

Budget to be carried over

General Fund

Airport

184,486

 

Aquatic Facilities

185,670

 

Asset Design

492,808

 

Centralised Construction Projects

-108,135

 

Community Engagement

15,424

 

Community Place

248,555

 

Drainage

308,300

 

Fleet Management

2,890,335

 

Information Technology

1,112,403

 

Library

120,038

 

Natural Resources

1,040,355

 

Network & Project Planning

76,954

 

Parks & Recreation

1,574,789

 

PM Town Centre Masterplan

455,492

 

SES & Public Safety

76,766

 

Strategic Land Use Planning

50,000

 

Transport and Traffic

4,904,140

 

Property & Leasing

101,665

 

Assets & Property Investment

106,008

 

Infrastructure Delivery Projects

1,334,107

General Fund Total

15,170,160

Sewer Fund

Sewerage Services

2,944,890

Sewer Fund Total

2,944,890

The Glasshouse

Glasshouse Cultural

29,129

The Glasshouse Total

29,129

Waste Management

Waste Disposal

556,878

Waste Management Total

556,878

Water Fund

Water Supply

352,421

Water Fund Total

352,421

Grand Total

 

19,053,479

 

The negative amounts reflect multi-year projects where Council completed more work than anticipated in the financial year ended June 2017.

 

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

 

Grant Funded Projects

 

If a project is subject to grant conditions Council is obligated to carry-over any unspent funds for the purposes of completing the project. If all of the grant funding is not required, then Council is generally required to repay the unspent grant funds.  The table below represents the funding composition of the carry-over projects with grant funding representing 10.8% of the total.

 

Funding Source

Amount

%

Revenue

3,735,813

19.61%

Reserves

7,159,417

37.58%

Grants

2,058,672

10.80%

Loans

-263,223

-1.38%

Environmental Levy

429,667

2.26%

Contributions

1,392,526

7.31%

Section 94 Contributions

2,938,966

15.42%

Section 64 Contributions

1,601,641

8.41%

Total

19,053,479

100.00%

 

Operational Considerations

 

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

 

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

 

Budget Development Timeframes

 

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

 

Multi-year Projects

 

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

 

Of the total carry-over of $19,053,479, projects that are considered to be multi-year projects amount to $9,253,155 or 48%.

 

Future considerations

 

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

 

Phased capital budgets have been included in the 2017-2018 works program. The implementation of regular monitoring through the phasing of capital budgets will assist in the early detection and management of potential carry-overs during the current year. 

 

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

 

Options

 

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

 

Consultation/Submissions

 

Consultation has taken place with all Divisions of Council.

 

Planning & Policy Implications

 

There are no direct policy implications as a result of this report, however the Operational Plan for 2017-2018 will need to be adjusted to include the carry-over projects to be completed in 2017-2018.

 

Financial & Economic Implications

 

The attached report outlines the carry-over projects and the amount of the carry-over for each project. By carrying over the remaining budgets for these projects, funding will be available in 2017-2018 to undertake the works remaining on these projects.

 

A report was previously presented to the May 2017 Ordinary Meeting of Council deferring several projects from the 2016-2017 financial year to the 2017-2018 financial year. These adjustments are already represented in the 2017-2018 Operational Plan.

 

Attachments

 

1View. 2016-2017 Carry-over Report

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.15

 

Subject:     Glasshouse End of Financial Year Report and Update on Strategic Plan Recommendations

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.3 Develop, manage and maintain Council Business Units through effective commercial management.

 

 

 

RECOMMENDATION

 

That Council note the information provided in the Glasshouse End of Financial Year Report and Update on Strategic Plan Recommendations Report.

 

Executive Summary

 

This report provides details of the Glasshouse finances for the 2016-17 financial year (i.e. as at 30 June 2017) including the updated status of Glasshouse loan balances, and provides an update on progress achieved against the Recommendations identified in the Glasshouse Strategic Plan 2014 - 2017.

 

Discussion

 

Background

 

Details regarding the most recent Council resolution in respect of Glasshouse reporting is as follows:

 

At the Ordinary Council Meeting held on 15 February 2017, Council resolved to replace quarterly Glasshouse reporting to Council with six monthly reporting in February and August each year detailing key performance measures and financial information for the previous financial year period:

 

09.14 REVIEW OF SELECT COUNCIL COMMITTEES

Mr Malcolm Merrick, representing the Port Macquarie Tacking Point Lions Club Inc., addressed Council in support of the recommendation and answered questions from Councillors.

RESOLVED: Turner/Cusato

1. Establish a new Steering Group called the ‘Cultural Steering Group’.

2. Adopt the Cultural Steering Group Charter as included in this Review of Select Council Committees report.

3. Seek Expressions of Interest (EOI) for members of the Cultural Steering Group, with the results of the EOI to be reported to the 19 April 2017 Ordinary Meeting of Council.

4. Work with members of the following existing Council Committees to transition them into working groups with objectives, actions and reporting lines to the Cultural Steering Group:

a) Port Macquarie-Handa Sister City Sub-committee.

b) Australia Day Sub-committee.

c) Port Macquarie-Hastings Youth Advisory Committee.

5. Work with Heritage, Arts and Cultural Priorities Advisory Group to transition it into the Cultural Steering Group.

6. Replace quarterly Glasshouse reporting to Council with six monthly reporting in February and August each year detailing key performance measures and financial information for the previous financial year period.

CARRIED: 7/2

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

AGAINST: Griffiths and Hawkins

 

Accordingly, this report provides details of the Glasshouse finances for the 2016-17 financial year (ie as at 30 June 2017) including the updated status of Glasshouse loan balances, and provides an update on progress achieved against the Recommendations identified in the Glasshouse Strategic Plan 2014 - 2017.

 

Glasshouse Finances

 

This report and the attached Financial Statement present the financial performance of the Glasshouse Venue for the fourth quarter of the 2016-17 financial year (1 April 2017 to 30 June 2017) and the overall 2016-17 financial year (1 July 2016 to 30 June 2017), and is indicative of an end of year result.  End of year journals relating to Council overhead distributions are yet to occur.  For the purposes of this report, the annual budgeted figure for Council overheads has been used.

 

The commentary in this report refers to the operating deficit/shortfall (before interest and depreciation). The attached Financial Statement also shows the operating deficit/shortfall after interest and depreciation. Over time, loan interest expense will decrease as loans are repaid. Depreciation is subject to revaluations. These expense items may distort the overall result when comparing with the previous financial year period hence why the commentary in this report refers to the operating result before interest and depreciation.

 

The draft end of financial year operating result for the Glasshouse (excluding interest and depreciation) is a deficit/shortfall of $2,180,458.  This same result last financial year was $2,064,953 – an increase of $115,505 (or 5.6%).  The operating result for the quarter and for the financial year has tracked within budget allocation.  On a financial year basis, the operating deficit/shortfall of $2,180,458 is reported against a budgeted deficit/shortfall of $2,255,215.  This represents a positive variance of $74,757 for the 2016-17 financial year period.

 

It should be noted that the deficit/shortfall for the Glasshouse for the 2011-12 year was $3,020,491.

 

Being a venue, income patterns can be subject to market forces, availability (and timing) of product in the market-place and seasonality.  The 2016-17 deficit/shortfall result has been impacted by:

 

·    Reduced operating income associated with a number of one-off commercial venue hire events in 2015-16 which did not occur in 2016-17.

·    Reduced operating income associated with the performing arts program, noting that associated costs are also lower than the previous financial year.  The performing arts income line is impacted in part by a change in accounting practice, allocating the income associated with the Glasshouse Membership Program to Memberships in 2016-17 as opposed to the performing arts income line in previous years.  In 2016-17 the Glasshouse Season incorporated high quality commercial venue hire product in addition to a number of “traditional” performing arts events as part of a strategy to minimise Council’s exposure to financial risks associated with performing arts product.

·    Increased salary costs noting that there were a number of vacant positions in 2015-16 which were filled during the 2016-17 financial year.

·    Increased operating costs associated with the back of house / building operations and building maintenance.

 

The operating deficit/shortfall (before interest & depreciation) can also be represented as follows:

 

Glasshouse Operating Deficit/Shortfall by Activity - Year to Date 30 June 2017:

 

 

Management

Back of House

Front of House

Community

Commercial

Cultural

Total

Operating Income

-

5,589

1,318,865

390,536

1,714,990

Operating Expenditure (Before Council Overheads)

214,941

1,017,638

564,857

38,592

851,161

745,330

3,432,520

Council Overheads

106,473

37,034

78,698

23,147

55,551

162,025

462,928

Net Operating Surplus (Deficit/Shortfall)

(321,414)

(1,054,672)

(643,555)

(56,150)

412,153

(516,819)

(2,180,458)

 

Management, Back of House and Front of House provide internal support functions for Community, Commercial and Cultural activities. Community and Cultural functions also hire space from the Commercial function to derive actual costs of delivering community and cultural functions within the Glasshouse overall function. When the costs of these internal support functions are distributed, the operating surplus (deficit/shortfall) can be represented as follows:

 

Glasshouse Operating Deficit/Shortfall by Activity (after internal adjustments) - Year to Date 30 June 2017:

 

 

Management

Back of House

Front of House

Community

Commercial

Cultural

Total

Net Operating Deficit/Shortfall (from the above table)

(321,414)

(1,054,672)

(643,555)

(56,150)

412,153

(516,819)

(2,180,458)

Internal Overhead Distribution

321,414

1,054,672

643,555

(790,089)

204,212

(1,433,764)

0

Net Operating  Surplus (Deficit/Shortfall) (after internal adjustments and transfers)

0

0

0

(846,239)

616,365

(1,950,583)

(2,180,458)

 

Glasshouse Loan Balances

 

Loan borrowings assisted in the funding of the Glasshouse at the time of construction. Of the total cost, $27,975,954 was sourced through loan borrowings that are repaid through Council general revenue. It should be noted that there was also $10,873,801 sourced through loan borrowings that are paid from the S94 restricted asset for community facilities. Councils often use borrowing as a way to fund additional infrastructure whilst maintaining intergenerational equity outcomes.

 

The outstanding balance of the borrowings that are repaid through general revenue, as at 30 June 2017, is $15,688,196. This demonstrates that over $12 million has already been repaid, with loans expected to be repaid by 2027.

 

Glasshouse Strategic Plan Recommendations

 

The Glasshouse Strategic Plan 2014 - 2017 was adopted by Council at the Ordinary Council Meeting held on 16 July 2014 to provide a greater commercial focus in the operation of the venue across four key outcome areas: ensuring good governance; developing successful partnerships; enhancing utilisation and visitation; and promoting viability.

 

Significant progress has been achieved since July 2014 with regard to the implementation of the strategic direction outlined in the Plan.  This progress is summarised in the attached Update on Glasshouse Strategic Plan Recommendations - August 2017 with some specific outcomes discussed below.

 

It is noted that the recommendations and corresponding actions arising from the Strategic Plan have now been completed and/or are continuing to guide day-to-day operations as part of “business as usual” activities.

 

1.2     Review management and reporting systems to support effective decision-making

 

The following table includes the following Key Performance Indicator (KPI) data associated with Glasshouse utilisation and occupancy rates (noting that the results are reported to 30 June 2017):

 

Performance Indicator

2015-16

Actual

2016-17

Target

2016-17

Actual

Key Outcome 3: Enhancing Utilisation and Visitation

Implement targeted marketing and sales strategies to enhance utilisation, increase event visitation and maximise commercial outcomes

 

 

 

Visitation (Glasshouse)

234,526

250,000

255,521

Visitation (Gallery)

49,660

50,000

54,617

Visitation (website)

112,985

125,000

135,905

Utilisation (%) (theatre)

39%

> 40%

42%

Utilisation (%) (studio)

32%

> 35%

26%

Utilisation (%) (meeting rooms)

30%

> 40%

47%

Average attendance (%) (theatre)

71%

> 70%

68%

Average attendance (%) (studio)

64%

> 70%

79%

Number of tickets processed

61,940

65,000

66,353

Percentage of tickets sold online

25% / 30%*

> 30%

27%

 

The 2016-17 figures demonstrate strong performance in terms of increased visitation to the Glasshouse Venue, the Regional Gallery and the updated website along with an increased number of tickets sold during the year.

 

The utilisation and average attendance figures are generally on target and are consistent with industry benchmarks and the results for the previous 2015-16 financial year.  Utilisation in hireable spaces can vary from year to year depending on the type and composition of hire.

 

2.1     Identify and develop key partnerships to maximise cultural, community and commercial outcomes

 

The Glasshouse Membership program continues to go from strength to strength with 1,154 members as at 30 June 2017.  This represents an increase of 108 members (+10%) over the corresponding 2015-16 period.  This level of membership far exceeds the patron participation results achieved by other similar NSW venues (based on Australian Performing Arts Centre Association data).

 

Council is continuing to support and develop a number of corporate partnerships / sponsorships consistent with the Glasshouse Marketing and Sales Plan, including the Glasshouse Founding Sponsors, Arts NSW, regional / local media organisations and a number of new event specific corporate partnerships.

 

Council is also continuing to provide support for a wide variety of community groups to access and use the Glasshouse facilities.

 

3.1     Promote operational flexibility in the use of the Glasshouse footprint to optimise cultural, community and commercial outcomes

 

This work is continuing on an ongoing basis.  In March 2017, a formal road closure process was finalised reclassifying the area associated with the Glasshouse podium and stairs (fronting the Hay Street forecourt) from road reserve to operational land providing improved operational flexibility for venue hire activities.

 

Other actions

 

Further detail is provided in the attached Update on Glasshouse Strategic Plan Recommendations - August 2017.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

The information provided in this report has been reviewed by Council staff.

 

Planning & Policy Implications

 

This report is consistent with the key outcomes, recommendations and governance and reporting arrangements identified in the adopted Glasshouse Strategic Plan 2014 - 2017.

 

Noting that the current Glasshouse Strategic Plan 2014 – 2017 comes to an end this year, Council’s Operational Plan 2017 – 2018 includes an action to review and update the Glasshouse Strategic Plan (OP 1.5.3.2).

 

Financial & Economic Implications

 

The Glasshouse Strategic Plan 2014 - 2017 aims to continue the significant progress that has been made in reducing the net cost of the operation of the Glasshouse to the community while continuing to ensure the delivery of high quality cultural, community and commercial activities.

 

Attachments

 

1View. Glasshouse Financial Statement to 30 June 2017

2View. Update on Glasshouse Strategic Plan Recommendations August 2017

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.16

 

Subject:     Development Activity and Assessment System Performance

Presented by:  Development and Environment, Matt Rogers

 

 

Alignment with Delivery Program

 

1.4.2 Deliver agreed services at the agreed service level at best value.

 

 

RECOMMENDATION

 

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

 

 

Executive Summary

 

This report provides a summary of development assessment, building certification and subdivision certification activities for the April to June 2017 quarter. Data on the number of applications and processing times, together with a commentary on development trends is provided for the information of Council. The quarter rounds out the 2016-2017 year and highlights the continued increase in activity, being the busiest year in recent times.

 

Discussion

 

The following table provides data on the volume of applications received and determined over the quarter relative to the year-to-date average and monthly average of the preceding four years.

 

The monthly average development application (DA) volume data has increased from 85 DAs per month during 2015-2016 to 89 in 2016-2017. It is interesting to note that it wasn’t so long ago in 2012-2013 when the monthly average number of DAs received was 52. A similar trend is evident with plumbing and drainage approvals, with the monthly average for 2016-2017 being 87, up from 72 the previous year and 42 in 2012-2013. Monthly building inspections undertaken during 2016-2017 was 455, compared to 407 in 2015-2016 and 286 in 2012-2013.

 

Complying development certificates (CDCs) and building Construction Certificates processed by Council have remained relatively steady over the last few years with the private sector taking up the additional work generated by the overall increase in activity. Infrastructure construction certificates and subdivision certificates have also remained steady over the past few years. This can however be deceptive given the large number of lot releases proposed per application compared to previous years.

 

Overall, 2016-17 has been the busiest on record for Council’s development assessment team. This activity is unlikely to slow down in the foreseeable future noting the large number of land releases in Port Macquarie, Lake Cathie and Wauchope. Additional resources to support this increase in activity have been realised through the land development approval process review and use of flexible planning and building surveying staffing.

 

The continued upward trend in activity and the evidence of a larger number of applications that were lodged compared to number of applications determined for 2016-2017 indicates that there is a backlog of work. For example, 1068 DAs were lodged over the year and 960 determined. This highlights the large number of applications ‘on the books’ and additional resources may be required should this not resolve itself over the coming months.

 

 

The following table outlines the estimated value of works per development type approved for the quarter. The data again highlights the high level of activity with 2016-2017 seeing a total value of $312 million, not far behind the $363 million in 2015-2016. The high value in 2015-2016 resulting from a number of large scale development in that year e.g. Kmart, Charles Sturt University. In 2016-2017, residential development continues to be the dominate sector:

 

 

 

Application processing data and longer term trends for the various application types is provided in the table below. It is noted that gross monthly average DA processing time of 55 days for the 2016-2017 is an improvement on the 58 days monthly average for the 2015-2016 year. It is also pleasing to note that PMHC is still tracking significantly better that the NSW average of 76 days for a DA.

 

Despite this good result over the year, it is noted that the 4th quarter in 2016-2017 has seen an increase in approval times across the majority of application types compared to the yearly average. The month of June saw DA approval times take on average 62 days compared to the 55 day yearly average. As mentioned earlier in the report, is likely that additional resourcing will need to be considered by management in the short term to deal with the increased work.

 

Gross processing times for engineering related applications have improved over the quarter compared to the 2015-2016 year. Gross monthly average processing times for construction certificates for 2016-2017 to date is 77 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 60 days, this is down from 97 days in the 2015-2016 year. This is indicates that the additional resourcing and process improvements that stemmed for the Land Development Approvals Review are having the desired effect.

 

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Development assessment statistics are discussed internally as the key indicator of system performance.

 

Feedback on the customer experience has continued to be sought, through monthly meetings with specific applicants, to build upon the information obtained from the recent customer survey as previously reported to Council.

 

The independent review into Council’s land development approval processes includes a strong external engagement element and will continue to be a focus for staff in the short to medium term as detailed in the report on this matter to the April 2017 Ordinary Council Meeting.

 

Engagement on these matter is also undertaken through the Construction Industry Action Group.

 

Planning & Policy Implications

 

There are no planning and policy impacts.

 

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

 

Nil

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.17

 

Subject:     Notice of Motion - By Election For Popularly Elected Mayor - Section 276 (2) of the Local Government Act, 1993 - Detriment To Sitting Councillor Candidates

 

 

 

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

 

 

 

RECOMMENDATION

 

That Council request the General Manager:

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

a)      Premier of NSW, Gladys Berejiklian MP

b)      Leader of the Opposition, Luke Foley MP

c)      Shadow Minister for Local Government, Peter Primrose MLC

d)      Member for Port Macquarie, Leslie Williams MP

e)      Member for Oxley, Melinda Pavey MP

f)       Member for Lyne, David Gillespie MP

g)      Member for Cowper, Luke Hartsuyker MP

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

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

 

Draft Letter for Guidance to the General Manager:

 

Council Letterhead

 

Gabrielle Upton MP                                                    Tim Hurst

NSW Minister for Local Government                         Acting Chief Executive

GPO Box 5341                                                           NSW Office of Local Government

SYDNEY  NSW  2001                                                Locked Bag 3015

                                                                                    NOWRA  NSW  2541

 

Dear Minister Upton and Mr Hurst

 

BY ELECTION FOR POPULARLY ELECTED MAYOR

SECTION 276 (2) OF THE LOCAL GOVERNMENT ACT, 1993

DETRIMENT TO SITTING COUNCILLOR CANDIDATES

 

Council recently went through a by election process for a popularly elected Mayor.

 

The by election was held on Saturday 29 July 2017.

 

Concern has been raised at the impact of Section 276(2) of the Local Government Act, 1993 and how the Act, as currently drafted, operates to the detriment of sitting Councillors who wish to run for Mayor as opposed to non-Councillor candidates who wish to run for Mayor.

 

Essentially any sitting Councillors’ campaign is overshadowed by the claim that the election of a sitting Councillor, as opposed to the election of a non-Councillor, will commit the Council to another costly by election during the next 3 months.

 

Exactly that situation arose during the recent by election and it was a significant component of a non-Councillor candidate’s campaign.

 

During the campaign and in the aftermath of the election, Councillors have advised that many electors indicated that the avoidance of a second by election was a significant consideration for them from both a personal convenience and “cost to Council/the community” point of view.

 

The existence of this inbuilt detriment situation raises valid concerns as to whether this is good public policy in the administration of Local Government in NSW.

 

The concern is that the focus of the electors should be solely on who is the best person for the position, which may not be occurring under the current regime.

 

On that basis, Council seeks the urgent review of the Act to remove this anomaly and restore the equality of status of sitting Councillor candidates verses non-Councillor candidates. 

 

Some ideas floated are:

 

(a)     amend Section 276(2) so that it does not apply to a by election for a popularly elected Mayor.  A sitting Councillor who wishes to run for Mayor can also resign (if so minded) with the by election then to be for the Mayor and a Councillor.  The risk to the resigning Councillor is that he/she may be unsuccessful and will no longer be on Council.  That is his or her prerogative;

(b)     amend the Act to make it clear that in a by election for a popularly elected Mayor,    where a sitting Councillor is elected, the non-Councillor candidate for Mayor who     has the highest vote of such a non-Councillor candidates, is automatically elected as a Councillor; or

(c)     amend/fine tune Section 291A of the Act so that it will apply to a by election for a     popularly elected Mayor using the optional preferential voting system within 30 months            after the date of the last ordinary election of Councillors and where a sitting     Councillor is elected Mayor in such a by election, the countback arrangements detailed in Section 291A(4) of the Act will apply.

 

Council appreciates that there may be other practicable “solutions” available which may be put forward by the NSW Office of Local Government.

 

It is expected that an update Report will be put before Councillors at Council’s Meeting of Wednesday 15 November 2017 and if your response could be with Council by Wednesday 1 November 2017, that would be helpful.

 

A copy of this letter has also be forwarded to:

·    The Premier;

·    The Opposition Leader;

·    The Shadow Minister for Local Government;

·    The Member for Port Macquarie;

·    The Member for Oxley;

·    The Federal Member for Lyne; and

·    The Federal Member for Cowper.

 

This letter has been forwarded pursuant to a resolution of Council carried at its Meeting of 16 August 2017.

 

If you require anything further, please contact the undersigned.

 

Yours faithfully

 

Craig Swift-McNair

General Manager

 

Comments by Councillor (if provided)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          09.18

 

Subject:     Notice of Motion - ICT Strategy

 

 

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Request the General Manager provide a further update to the October 2017 meeting on the ongoing implementation of Council's ICT Strategy, with a particular emphasis on the expected flow of efficiency benefits to Council's operations in the remainder of the current term of this Council.

2.       Noting that other new significant Council Strategies, such as the EDSG are updated six monthly, request the General Manager provide further updates on  progress made and efficiencies gained at regular 6 monthly intervals in February and August of each calendar year until (and including) August, 2020.

 

Comments by Councillor (if provided)

 

In December, 2016 I asked for a report on the implementation of Council’s (then new) ICT Strategy. The requested report was presented to Council in March, 2017. At that time, in seeking the report I provided the following comments by way of introduction.

 

“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 IT systems & architecture "hangover" has severely hampered the much needed move towards greater cloud based, mobile computing applications.

 

In 2015 - 2016 council finalised a new strategy to deal with this issue and the implementation of the strategy has now benefited from stage 1 of 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.”

 

The report provided in March 2017 went as far as it could at the time. However, since March much has happened and, in particular, the management contract with the key ICT vendor “Civica” has at long last finished, and this, along with several other key initiatives has meant that council’s ICT Strategy is at last being implemented on multiple fronts and it is my firm belief that identifiable efficiencies will start to flow.

 

My purpose in requesting this review (and regular, subsequent half yearly updates) is to ensure that not only is the momentum maintained, but that it is visible to all through regular updates on progress made and efficiencies actually gained. As ICT is the key “enabler” of lifting efficiency in almost every aspect of council’s operations, it is absolutely essential that we do not lift the foot off the pedal.

 

Lastly, much very good work has been done over the past few years by staff and Councillors alike in putting our ITC on the sound footing that it is today, and it is critical that we do not change course or priorities as we reach the tipping point in reaping the efficiencies & cost savings that are about to start flowing. 

 

Attachments

 

Nil

 

 


AGENDA                                                                                Ordinary Council

16/08/2017









 

 

What we are trying to achieve

A healthy, inclusive and vibrant community.

 

What the result will be

 

We will have:

              Community hubs that provide access to services and social connections

              A safe, caring and connected community

              A healthy and active community that is supported by recreational infrastructure

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

              Community participation in events, programs, festivals and activities

 

How we will get there

 

2.1     Create a community that feels safe

2.2     Advocate for social inclusion and fairness

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

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

2.5     Promote a creative and culturally rich community

 

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          10.01

 

Subject:     Regulatory Enforcement Policy - Result of Public Exhibition

Presented by:  Development and Environment, Matt Rogers

 

 

Alignment with Delivery Program

 

2.1.3 Conduct regulatory and educational activities which safeguard public and environmental health, and ensures compliance with planning and building standards.

 

DRAFT Dr

 

RECOMMENDATION

 

That Council:

1.       Adopt the Regulatory Enforcement Policy.

2.       Rescind the Enforcement of Unlawful Activity Policy and the Compliance Procedure.

 

Executive Summary

 

A review of the current policy and procedure regarding regulatory enforcement commenced in late 2015 in conjunction with the Council-wide Services Review.

 

At the same time, a number of state government agencies such as the Independent Pricing and Regulatory Tribunal (IPART) and the New South Wales Ombudsman’s Office issued guidelines for councils on “best practice” in regulatory enforcement.

 

As a result, a new Regulatory Enforcement Policy was drafted taking into account the recommendations of IPART and the Ombudsman’s guidelines, and incorporating a risk management approach to ensure the optimum allocation of Council resources to the investigation of complaints and regulatory operations.

 

The draft policy, which supersedes the current Enforcement of Unlawful Activity Policy and the Compliance Procedure was publicly exhibited following the June 2017 Ordinary Meeting of the Council.

 

No submissions were received from the community.

 

Discussion

 

Both the IPART and the Ombudsman’s Office papers recommended that government regulatory agencies should implement enforcement policies and procedures which target unlawful activity based on assessed risks to the community and proportionate to patterns of non-compliance.

 

The response to more significant complaints is often affected by the number of minor complaints received by Council regulatory staff relating to relatively minor issues such as boundary disputes, and noise and storm water complaints.  Attending to these often ties up valuable staff and financial resources thus reducing the time available to address higher risk matters on hand. A matrix of proposed risk ratings of various compliance matters received by Council was incorporated into the draft Regulatory Enforcement Policy.

 

At is Ordinary Council Meeting held ion 21 June 2017, Council resolved:

 

RESOLVED:  Hawkins/Dixon

 

That Council:

1.       Place the draft Regulatory Enforcement Policy on public exhibition between 28 June to 25 July 2017 (28 days).

2.       Place on public exhibition from 28 June 2017 to 25 July 2017 (28 days) its intention to rescind the ‘Enforcement of Unlawful Activity Policy’ and the ‘Compliance Procedure’.

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

4.       Amend the subject heading for Item 10.01 to ‘Regulatory Enforcement Policy – Draft’.

 

carried:      8/0

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

Against:       Nil

 

 

The proposal was publically exhibited between 28 June and 25 July 2017.  The community were invited to review the policies and make submissions via advertisements in local papers and on the Port Macquarie-Hastings Council “Have Your Say” Website. Copies of the policies were also available at the three Council offices in Port Macquarie, Wauchope and Laurieton.

 

At the conclusion of the exhibition period, no submissions were received.

 

Options

 

1.       Approve the draft Regulatory Enforcement Policy and the rescission of the Enforcement of Unlawful Activity policy and the Compliance Procedure.

2.       Not approve the draft policy and refer it back for further amendment and/or public consultation.

 

Community Engagement & Internal Consultation

 

The review of current policy and procedures and the drafting of the proposed new Regulatory Enforcement Policy overseen by an internal Reference Group comprising of a cross-selection of managers from areas within the Council which have significant community contact.

 

External consultation was conducted with a number of councils of similar scale to Port Macquarie-Hastings as well as the New South Wales Ombudsman’s Office, Fair Trading New South Wales and the New South Wales Environmental Protection Authority.

 

Councillors were briefed on the project and the proposed move to a risk-based enforcement regime in May 2016.

 

As noted above, the proposal was publically exhibited between 28 June and 25 July 2017.  The community were invited to review the policies and make submissions via advertisements in local papers and on the Port Macquarie-Hastings Council “Have Your Say” Website. Copies of the policies were also available at the three Council offices in Port Macquarie, Wauchope and Laurieton.

 

At the conclusion of the exhibition period, no submissions were received.

 

Planning & Policy Implications

 

Adoption of the new Regulatory Enforcement Policy and rescission of the Enforcement of Unlawful Activity Policy and the Compliance Procedure will be a change in Council’s policy position. Adoption and implementation of the policy and risk-based prioritisation of complaints is expected to realise significant efficiencies with investigations conducted by Council’s regulatory staff.

 

Financial & Economic Implications

 

Implementation of the policy is expected to ensure financial resources are better allocated to the investigation of complaints and issues of higher risk to the Council and the community.

 

Attachments

 

1View. Draft Regulatory Enforcement Policy

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          10.02

 

Subject:     Coastal Walk Master Plan

Presented by:  Development and Environment, Matt Rogers

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

That Council:

1.       Place the draft Coastal Walk Master Plan public exhibition for 28 days from 23 August to 19 September 2017.

2.       Note that a report will be presented to the October 2017 Council meeting including the submissions received, any proposed changes to the Master Plan and an Implementation Plan.

 

Executive Summary

 

The Coastal Walk is a 9km scenic walking trail that travels from Westport Park, through the CBD to Tacking Point Lighthouse. It is an important and much loved asset for both visitors and the Port Macquarie Hastings community.

 

Sections of the Coastal Walk have deteriorated in recent years and are becoming tired and worn. Some sections of the path are uneven and narrow and furniture, signage, steps and balustrades are mismatched, non-compliant, degraded and non-existent in some areas. Key viewpoints are overgrown and wayfinding is confused.

 

The development of the Port Macquarie Coastal Walk Master Plan is a current Operational Plan action (2.3.4.2).

 

Community input was sought from 9 June to 30 July 2017 to inform the development of the Coastal Walk Master Plan. A total of 64 submissions were received. 16 themes emerged from this engagement.

 

The draft master plan has been developed with consideration given to community feedback provided through the initial engagement process.

 

Sections of the Coastal Walk that  have already been master planned and adopted by Council are:

·    The Foreshore Walk (from the Buller Street Bridge to the end of the Breakwall at Town Beach)

·    Town Beach Master Plan

·    Tacking Point Master Plan.

 

These areas have been excluded from this plan. This Master Plan focusses on the main off-beach sections of:

·    Westport Park

·    Charlie Uptin Walk

·    Doctors Walk

·    Kenny Walk. 

 

Development of a Master Plan for Flynns Beach, a current operational plan action (2.3.2.4), will commence shortly.

 

Key initiatives of the master plan include:

·    Widening the path and repaving through highly used areas

·    Planning for footpaths on both sides of Pacific Drive to improve connectivity to the Coastal Walk

·    Implementation of the Wayfinding Signage Strategy

·    Preparation of an Interpretation Signage Strategy

·    Install consistent furniture and treatments using durable coastal materials such as local stone, hardwood timber and stainless steel.

·    Repairs to pathways, steps and balustrades to meet Australian Standards for Walking Tracks and Accessibility

·    Investigate incorporation of artwork into each stage of development.

·    Protect natural environment during any works: bolster native vegetation, remove weeds, protect endangered ecological communities and protect fragile geology.

 

A number of challenges existing for the implementation of these initiatives including the presence of naturally occurring asbestos, unstable geology and endangered ecological communities.

 

Discussion

 

The Coastal Walk is a scenic walking trail that extends from Westport Park to Tacking Point Lighthouse. Trip Advisor ranks the Coastal Walk as number one out of 63 activities for visitors to do in Port Macquarie and a 2015 survey found that one third of visitors (approximately 500,000) enjoy the walk each year.

 

As Port Macquarie’s population continues its high growth rate the Coastal Walk is struggling to cope with the ever increasing numbers of users due to its narrow path and aging infrastructure. Pinch points are creating safety issues as multiple users at peak times compete to negotiate the path at corners, boardwalks and bridges.

 

Port Macquarie is currently home to IRONMAN Australia, Beach to Brother Marathon, Sandmudder and several running festivals. These events contribute $9.5 million per annum to Port Macquarie’s tourism sector in out-of-season periods and the Coastal Walk is a key route for training for the events and for the events themselves.

 

A number of challenges existing for the implementation of these initiatives that will make the works more expensive and time consuming including:

 

·    Working in areas of endangered ecological communities including Coastal Headland Brushbox Littoral Rainforest, Lighthouse Gully Littoral Subtropical Rainforest Complex and Themeda Headland Grassland.

·    Excavation is severely limited by the presence of naturally occurring asbestos throughout the area and steep unstable geology.

·    Access for construction vehicles and import of materials such as hot mix and concrete is severely limited.

·    Heavy pedestrian use means that closure of sections of track for long periods will not be well received by the public.

·    Materials for upgrades need to be carefully selected to cope with the harsh, corrosive coastal environment.

 

Initiatives proposed in the draft Coastal Walk Master Plan are listed below. The draft master plan is an attachment to this report which provides more detail on the locations of recommended changes.

 

INITIATIVE

OUTCOME

WHOLE OF COASTAL WALK

1. Construct a footpath along both sides of Pacific Drive where possible.

Provides important pedestrian linkages to and from the Coastal Walk, car parking and destinations along the route. This also provides alternative routes where the Coastal Walk travels along the beach.

2. Install a suite of Wayfinding Signage.

Provides wayfinding for visitors and locals clearly defining the Coastal Walk as an entity. Builds from Wayfinding Signage Strategy currently under development.

3. Prepare an Interpretive Signage Strategy.

There is a wide mix of signage across the Walk that is confusing and less aesthetically pleasing than it could be. A strategy will allow for consolidation of existing signage and guide future sign installations.

4. Install consistent furniture and treatments using durable coastal materials such as local stone, hardwood timber and stainless steel.

Provides a consistent look and feel, robustness, low maintenance and longevity.

5. Repair pathways, steps and balustrades to meet Australian Standards for Walking Tracks and Accessibility.

Provides a safer walking experience for users.

6. Investigate incorporation of artwork into each stage of development.

Provides intrigue and delight on the journey.

7. Protect natural environment during any works: bolster native vegetation, remove weeds, protect endangered ecological communities and protect fragile geology.

The natural quality of the Walk is highly valued and contributes to the beauty and delight experienced on the Walk.

 

DETAIL PLAN 1 WESTPORT PARK

1. Remove paver pathway and replace with 3m wide coloured concrete path. Move path away from playground fence and locate closer to the river.

New pathway is wider and facilitates shared use by pedestrians and cyclists. Easing it away from the playground fence allows for market setup either side of the path.

2. New path along frontage of car park.

Provides accessible link from car parks onto Coastal Walk path.

3. Remove earth berm.

Berm is currently difficult to maintain and impacts on event set up and reserve use. E.g. Foreshore Markets.

4. Upgrade section of vertical seawall from boat ramp to stormwater pipe including access ramp.

Provides improved access to small beach that forms between boat ramp and stormwater pipe.

5. Upgrade stormwater infrastructure and improve drainage.

Improves usability of the park after rainfall and upgrades infrastructure before installation of new path.

6. Install pole lighting incorporating additional power outlets.

Improves security and safety. Power outlets improves flexibility for events.

7. Install major track head with seating, bubbler, bike racks and signage.

Signifies start of Coastal Walk and will improve the user experience.

8. Upgrade rock seawall.

Stabilises park edge.

9. Investigate linkage through car park and around to Buller Street Bridge.

Provides key link into CBD.

10. Include seating areas.

Provides opportunities for respite and passive recreation improving the user experience.

11. Plant more shade trees.

Provides shade and shelter to the Coastal Walk and general park areas to encourage usage

DETAIL PLAN 2 CHARLIE UPTIN SECTION

1. Redesign and rebuild deck and stairs at the Marine Rescue Building.

Upgrades highly used destination along the Coastal Walk that is currently in poor condition.

2. Install typical track head with seating, bubbler, bike racks and signage.

Signifies important node of Coastal Walk and provides a map showing walking and destination options.

3. Flatten/regrade grassed area and edge with low stone wall.

Provides more usable green space at this highly used location.

4. Widen path to 2.2m where possible and pave with concrete. Upgrade balustrades.

This is one of the most highly used sections of the Coastal Walk. Path widening will accommodate increasing use by visitors and the community.

5. Replace beach access stairs to be in accordance with Australian Standards.

Improves access to the beach and meets compliance requirements.

6. Reinforce Casuarina edge planting.

Casuarinas on northern edge provide shade and stability to the slope. More plantings provide for succession.

7. Upgrade bridge to Flagstaff Hill.

Bridge is in poor condition and requires repairs.

8. Selectively prune vegetation to open up views from the Flagstaff lookout.

Improves views from key lookout.

9. Remove existing non-compliant stairs and rebuild ramped pathway to Oxley Beach.

The network of paths in this location is confusing for wayfinding. Simplifying paths and redesigning improves accessibility and connections.

10. Pave link from access ramp to Oxley Beach to Coastal Walk.

Provides missing link from car parks on Pacific Drive to Coastal Walk.

11. Install footpath connections along William Street and Pacific Drive to create a loop walk with the Coastal Walk.

This connects 3 main lookouts: Gaol Point, Flagstaff and a new lookout travelling past existing monuments. The loop is enlarged when Mrs Yorks Woodland Walk from Allman Hill is complete in 2017/18.

12. Construct a new lookout above the Marine Rescue building.

This lookout will provide an added destination on the proposed loop walk with views of distant mountain ranges to the north and along Town Beach and the breakwall.

DETAIL PLAN 3 DOCTORS WALK SECTION

1. Install typical track head with seating, bubbler, bike racks and signage at both ends of the Doctor’s Walk (Oxley Beach and Windmill Hill).

Signifies important nodes of Coastal Walk and provides a map showing walking and destination options. Other improvements improve the user experience.

2. Replace path with boardwalk at section where poor drainage inundates path.

Improves accessibility and user safety.

3. Install 2 small lookouts and additional seating.

Provides rest stops with scenic views.

4. Widen path to 2.2m where possible and pave with concrete; upgrade balustrades.

A wider, concrete path allows for a range of individuals, dog walkers and groups as well as increased usage into the future.

5. Replace stairs to Windmill Hill.

Improves accessibility and upgrades these stairs currently in poor condition.

DETAIL PLAN 4 KENNY WALK SECTION

1. Install typical track head with seating, bubbler, bike racks and signage at both ends of Kenny Walk (Nobbys Beach and John Downes Park). Remove excessive signage at the Nobbys Beach car park and include dog bowl and bag dispenser.

Signifies important nodes of Coastal Walk and provides a map showing walking and destination options. Other improvements improve the user experience.

2. Install a new formal track and stair to the memorial on The Nob with new lookout at highly used vantage point.

Provides improved access to this well used route with stunning views.

3. Upgrade memorial on The Nob with paving, seating and selectively cleared vegetation to improve views.

Provides a more fitting setting to the memorial with stunning views.

4. Upgrade stairs and handrail to Nobbys Beach from car park.

Provides improved access to this highly used beach.

5. Install paths around the outside of the car park.

Provides clear route to continue along the Coastal Walk away from reversing vehicles.

6. Widen path to 2.2m where possible and pave with concrete or bitumen, upgrade balustrades.

A wider, paved path allows for a range of individuals, dog walkers and groups as well as increased usage into the future.

7. Install new seating areas.

Provides areas for rest and passive recreation.

8. Add a footpath to John Downes Park along Pacific Drive.

Links the Coastal Walk to this popular park and playground.

9. Add a footpath along Pacific Drive travelling south to Harry’s Lookout.

This provides an alternative route when north Shelly Beach is inaccessible due to high tides.

 

As a part of the exhibition period for the draft Master Plan scheduled for 23 August to 19 September 2017, it is recommended that the community be asked to provide their top 5 priorities out of the plan. This will guide prioritisation of the initiatives for the development of an Implementation Plan to be presented to the October 2017 Council meeting.

 

Options

 

Council has the option to:

1.   Accept the recommendations as listed,

2.   Propose an amendment to the recommendations or,

3.   Propose an alternative recommendation.

 

Community Engagement & Internal Consultation

 

Community input to the Coastal Walk master plan was open from 9 June to 30 July 2017. A majority of the Coastal Walk submissions were received through the Have Your Say website.

 

Eight signs were placed along the walk informing the public about the proposed master plan and seeking their input. They were directed to customer service, email or the web site to lodge a submission. A survey was included on Have Your Say that asked four questions; how do you use the Coastal Walk; what is your favourite section; what could be improved; and any other comments.

 

Two Facebook posts were made to encourage the community to lodge their comments. The first one on 2 May received 152 reactions, comments and shares and reached 6856 people. The second one on 25 June received 31 reactions, comments and shares and reached 2645 people.

 

The Port Macquarie News published three stories: 5 April “Funding bid for Port Macquarie Coastal Walk Upgrades”, 22 May “Have your say on our Future of our Coastal Walk” and 6 July “Port News poll reveals that we love the Doctor’s Walk”.

 

Comments are summarised in the attached document. A summary of the results of the Have Your Say engagement tool are below. There were 498 total visits to the Coastal Walk page which made it the third most popular project we have engaged on last financial year. 61 surveys were completed and 184 people downloaded and viewed the walking trail map.

Separate consultation was undertaken with the Foreshore Market manager to discuss proposed changes to Westport Park to be undertaken this financial year. This discussion provided valuable information about how the changes can work with the Foreshore Markets and other large events.

 

Birpai Local Aboriginal Land Council supports the upgrade to the Coastal Walk. Due to the local Aboriginal community’s strong connection to this walk and our coastline, Council plans to continue to engage local Aboriginal artists and the wider Aboriginal community in the infrastructure upgrades that the funding proposal highlights.

 

NSW National Parks and Wildlife provided response to the community submissions that related to their section of the walk. They are positive about the development of a master plan and are interested in working together on consistent signage and furniture.

 

Internal engagement with Council staff has also been undertaken. A lunch time talk was conducted to obtain internal staff views.

 

Specific engagement has been undertaken with staff from the following sections; Environmental Services, Economic Development, Community Engagement and Planning, Infrastructure Development and Transport and Stormwater. These staff members will be further engaged on the draft master plan.

 

A total of 16 clear themes emerged from the community engagement. These are listed below.

 

1.   Access to North Shelly Beach

A total of 19 respondents (30%) raised the issue of poor access to the northern end Shelly Beach.

 

Access options to the northern end of Shelly Beach have been explored by Council in detail in the past.

 

A report was presented to the Ordinary Meeting held on 16th April 2014 and Council resolved:

 

13.04 NORTH SHELLY BEACH PEDESTRIAN ACCESS

 

RESOLVED: Turner/Cusato

 

That Council:

 

1. Note the information included within this report

 

2. Given the risks and design issues detailed in the report, adopt the Pacific Drive shared walkway/cycleway as the preferred option to address the existing access issue at North Shelly Beach.

 

3. Consider allocation of funding for the preferred design option in future budget cycles.

 

CARRIED: 8/0

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

Turner

AGAINST: Nil

 

As a result, Council completed detailed designs in 2014 for the upgrade of Pacific Drive between Leanda Street and Parklands Close, including the provision of a shared path. Funding has not been allocated to these upgrade works due to other higher priority projects across the Local Government Area. This project has not been listed in Council’s four year delivery plan. However, options and priorities will be reviewed as a part of the Coastal Walk master plan given the community concern that has been expressed.

 

2.   Bubblers and dog bowls to be added to bottle filling stations

A total of 7 submissions suggested that the existing bottle filling stations should include a bubbler and/or dog bowl. As various sections of the walk are upgraded, this will be considered.

 

3.   Miners Beach - Nudist Beach

8 submissions mentioned that the nude beach was a deterrent to users especially those with children. Some reported some offensive and intimidating behaviour.

 

The area of Miners Beach below the mean high water mark is under Crown Land ownership and managed by Port Macquarie-Hastings Council. Above the mean high water mark is the remit of NSW National Parks and Wildlife Service.  At this stage there is no plan to remove nude bathing from Miners Beach by any organisation.

 

Any illegal behaviour is a Police matter and should be reported as such.

 

These issues will be shared with Crown Lands and NSW National Parks for their attention.

 

4.   Repair of eroded section on northern end of Doctors Walk

Works have commenced to address this area. It is likely to be a priority identified in the master plan.

 

5.   Re-establishment of historical tracks

Some submissions mentioned the formalisation of old tracks or existing informal routes. These included the old track along the top of Shelly Beach, the tracks down to Rocky Beach and a track above Miners Beach.

 

The re-establishment of historical tracks within NSW National Parks and Wildlife Services areas is not supported. The Plan of Management for Sea Acres states that the main (Tuppeny Road) track will be closed and revegetated. It is likely that most other informal tracks (e.g. down to Rocky Beach) will be closed to protect the delicate coastal ecosystems and to maintain safety. Where possible these will be revegetated.

 

The old track along the top of Shelly Beach contains 2 endangered ecological communities: Lighthouse Gully Littoral Subtropical Rainforest Complex and Coastal Headland Brushbox Littoral Rainforest. Incursion into these communities would have adverse effects and cannot be justified when an alternative route (along the beach or proposed footpath along Pacific Drive) is available.

 

6.   Dangerous access from steps onto Tuppeny Road and walking along Tuppeny Road

It is acknowledged that this is a key obstacle to safe movement along the Coastal Walk. It will be identified as a high priority to be addressed in the master plan for Flynn’s Beach to be prepared this financial year. Pedestrian access from Tuppeny Lane to the beach will also be addressed in this master plan.

 

7.   Accessibility - disabled, prams, bikes

A total of 10 submissions were received about disabled access, or access for bikes and prams.

 

Many sections of the Coastal Walk are inaccessible by wheeled transport due to the topography. The installation of ramps would require significant earthworks and removal of large amounts of vegetation which would impact greatly on the delicate ecology and intrinsic amenity values of the area. Where the topography allows (e.g. Westport Park to Flagstaff) improvement to the surface and removal any obstacles can be undertaken. The map brochure can also be updated to ensure it reflects accessible areas including disabled parking.

 

Staff will engage with the Access Committee regarding the draft master plan during the exhibition period. Engagement with the Committee will also be undertaken at subsequent detailed designs stages as the master plan is progressively implemented.

 

The section of path from Westport Park to Town Beach will be the only section accessible by bikes. All other sections have steps and are too narrow to be shared between pedestrians and bicycles.

 

8.   Footpath on Lighthouse Road

Six submissions requested the addition of a footpath on Lighthouse Road.

 

Council completed detailed designs in 2016 for the upgrade of Lighthouse Road, including the provision of shared paths and other pedestrian amenities. However, funding has not been allocated to these upgrade works due to other higher priority projects across the local government area. The entire road has to be upgraded in order to provide the required path upgrades due to the limited space within the road boundaries. While this project has not been listed in Council’s four year delivery plan, it will continually be reassessed against other priorities.

 

9.   Footpath on Settlement Point Road

Three submissions requested a footpath on Settlement Point Road.

 

The Coastal Walk master plan extends from Westport Park to Tacking Point and does not include consideration of Settlement Point Road at this stage.

 

The need for improved pedestrian amenity along Settlement Point Road has previously been raised with Council through the Settlement Point Progress Association. Council allocates priorities to new footpath works on the basis of safety, identified need, constructability, completing missing links and aligning to Council’s Pedestrian Access and Mobility Plan. The request for a footpath along Settlement Point Road has been added to our internal request list for further consideration and prioritisation against all other requests.

 

10. Keep it natural

Seven people expressed concerns about the potential to overdevelop the Coastal Walk and that it should be kept as natural as possible or not changed.

 

It will be important to retain the natural setting of the Coastal Walk as this is a key attractant. This will be balanced with the need to raise the standard of the surface of the track to improve safety and accessibility. The track will be widened through highly used areas only.

 

11. Dog usage

There were disparate views expressed about dog usage (6 submissions received). Most were concerned about unauthorised dog off leash activities. Some wanted greater allowance for dogs on the track.

 

The Coastal Walk travels through a number of environmentally sensitive areas that could be adversely affected by the presence of dogs. Council recognises the need and benefits of dog owners and their pets to be able to access and use public open space areas. Council also needs to take into account the other users of such areas and environmental considerations. Note that no dogs are permitted in the NSW National Parks section of the Coastal Walk (between Shelly Beach and Tacking Point Lighthouse).

 

Additional dog off leash areas are proposed for Port Macquarie and Wauchope in the coming years. It is considered that access to open spaces area for dogs and owners is quite adequate and will improve as the planned off leash areas are developed.

 

12. Add sections of footpath along Pacific Drive to improve accessibility and provide alternative routes e.g. to Miners nudist beach or on-beach sections

Nine submissions mentioned that alternative routes along Pacific Drive would benefit less abled bodied users and would provide alternatives to on-beach sections and Miners Beach.

 

There are many unique vegetation communities along the Coastal Walk which limit the establishment of new paths through the bush. However, the addition of footpaths along Pacific Drive, where feasible, will provide alternative routes and assist people to get onto the Coastal Walk.

 

Council is aware of the needs of pedestrians and the benefits derived from the construction of footpaths. Accordingly, Council has allocated funding in its annual budget for the construction of new footpaths.

 

Priorities for new footpath works are determined on the basis of safety, construction cost, traffic volumes on adjacent roads, proximity to town centres, shops, schools, medical facilities, recreation areas and other factors.

 

Council has a Pedestrian Access and Mobility Plan (PAMP) for the Port Macquarie Area. It assists Council in the strategic planning of pedestrian facilities by identifying priority locations for improvements.

 

While additional footpaths along Pacific Drive are not currently listed on the PAMP, they will be considered as a part of future planning.

 

 

13. Suggestions for changes within the NSW National Parks and Wildlife Service (NPWS) Area e.g. around Sea Acres and Miners Beach

The 9 suggestions received for changes within the NSW National Parks and Wildlife Service area. These include work to the access track to the northern end of Little Bay, reinstatement of tracks above Miners Beach and maintenance to steps from Miners Beach to Lighthouse Road.

 

NSW National Parks advise that they have identified the eroded section of the track at the end of Little Bay as a priority for repair. Improved access over the rocks on Miners Beach will be investigated. NPWS has identified the condition of the Middle Track steps numerous times in funding bids and will continue to raise the issue.

 

The Sea Acres Plan of Management states that the track that runs above Miners Beach (the Tuppeny Road) will be closed and revegetated.

 

14. Lighting

A total of 5 submissions were made requesting lighting along the track.

 

Lighting is included in the plans for the Westport Park to Town Beach sections and will be added to other key nodes such as Flynns Beach. No other parts of the Coastal Walk will be lit due to impacts on wildlife and the high capital and maintenance requirements of lighting. The focus will be on track improvements and additional items of amenity.

 

15. Signage, seating, public art

A number of people requested more interpretive and wayfinding signage, seating at key vantage points, BBQs, picnic settings and public art. One person specifically requested that there are no new sculptures installed.

 

Interpretive signage will require a separate study to develop themes and an integrated approach. A wayfinding signage strategy is currently under development. This planning will ensure that there is not a proliferation of signage.

 

After the wayfinding signage strategy has been adopted by Council, signage can be installed as sections of the walk are upgraded.

 

Any public art proposed will be integrated carefully into infrastructure to fit with the natural environment and available spaces.

 

16. General maintenance

There were a few comments about the need to increase maintenance e.g. erosion and weed control.

 

These areas will be reviewed and addressed on a case by case basis. They will be prioritised within the Master Plan with other proposed improvements.

 

Planning & Policy Implications

 

The submissions have been considered throughout the master planning process as noted in the discussions section.

 

The draft Master Plan is consistent with Crown Lands Plans of Management associated with Westport Park and Hastings Regional Crown Reserve Precinct ‘A’.

 

Financial & Economic Implications

 

The following funds are available this financial year for the Coastal Walk:

·    $157,000 carried forward from the 2016/17 financial year for general Coastal Walk upgrades (2.3.4.2)

·    $120,000 allocated to the Flagstaff Hill Reserve walkway renewal (2.3.3.8 CW)

·    $375,000 allocated to the Westport Park river wall and pathway (2.3.3.13 CW)

 

The results of applications for the coastal walk through 2 grant funding programs are outstanding. These are Building Better Regions Fund seeking $750,000 (Town Beach to Oxley Beach) and the Public Reserves Management Fund Program seeking $329,000 (Westport Park).

 

Once adopted, master plan will provide guidance on the application of these funds. The master plan will also guide future Council funds allocation and grant applications.

 

Attachments

 

1View. Draft Port Macquarie Coastal Walk Master Plan

2View. Coastal Walk Master Plan Summary of Submissions

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          10.03

 

Subject:     Recommended Items from the Mayor's Sporting Fund Sub-Committee - May 2017 Meeting

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

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

 

 

 

 

RECOMMENDATION

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

1.       That Morgan Jean be granted the amount of $350.00 to assist with the expenses he will incur travelling to and competing at the 2017 Pacific School Games (Swimming) to be held in Adelaide from 1 – 10 December 2017 inclusive.

2.       That Wauchope High School’s, Girl’s Rugby Team be granted $350.00 to assist with the expenses they will incur travelling to and competing at the NSW CHS School State Rugby 7’s Championships to be held in Sydney on 9 August 2017.

3.       That Sam Cobourn be granted the amount of $500.00 to assist with the expenses he will incur travelling to and competing at the 14th World Wusu Championships in the sport of SANDA (Chinese Kung Fu Free-Fighting) to be held in Kazan, Russia from 26 September – 3 October 2017 inclusive.

4.       That Mitchell Evans be granted the amount of $150.00 to assist with the expenses he will incur as a member of the Under 16’s NSW Country Rugby Union Team to compete at various locations during July and August 2017.

5.       That Tamika Roach be granted the amount of $300.00 to assist with the expenses she incurred competing at the State Inter-Schools Dressage Championships, State Youth Dressage Championships, both held in Sydney during June and early July respectively and the State Pony Club Dressage Championships held in Tamworth during July 2017.

6.       That Annika Toohey be granted $500.00 to assist with the expenses she will incur competing as part of the NSW All Schools Girls Hockey Team to compete at the Nationals – Pacific School Games being held in Adelaide from 1 – 10 December 2017 inclusive.

 

 

Executive Summary

 

The Mayor’s Sporting Fund Sub-Committee met on 27 July 2017 and reached consensus on Item 8 (Applications) at the meeting and submits the above recommendation for Council’s consideration.

 

Attachments

 

1View. Extract from Minutes - item 08  MSF July Meeting 

 

 


AGENDA                                                                                Ordinary Council

16/08/2017









 

 

What we are trying to achieve

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

 

 

What the result will be

 

We will have:

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

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

         A region that attracts investment to create jobs

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

 

How we will get there

 

3.1     Embrace business and a stronger economy

3.2     Create vibrant and desirable places

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

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

 

 

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          11.01

 

Subject:     Opportunities for Local Firms to do Business with Council

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.4  Use procurement, tendering and purchasing approaches that provide best value to the community.

 

 

 

RECOMMENDATION

 

That Council:

1.       Adopt the attached Local Preference Policy incorporating a 5% Notional Price Offset for a 12 month trial period from 1 September 2017.

2.       Note that a further report will be tabled providing a result of the trial.

 

Executive Summary

 

A report was provided to the May 2017 Ordinary Meeting of Council which included a draft Local Preference Policy and it was resolved for the policy to be publically exhibited.

 

The public exhibition process resulted in seven (7) submissions.

 

It is recommended to adopt and implement the Local Preference Policy to trial for a 12 month period, from 1 September 2017.

 

A subsequent report will be presented to Council at the end of the trial.

 

Discussion

 

At the ordinary Council Meeting on 17 March 2017, Council resolved as follows:-

 

09.12 OPPORTUNITIES FOR LOCAL FIRMS TO DO BUSINESS WITH COUNCIL

RESOLVED: Turner/Hawkins

That Council request the General Manager develop a draft Local Preference Policy incorporating a 5% Notional Price Offset, to be presented to the April 2017 Ordinary Council Meeting for consideration.

CARRIED: 7/1

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

AGAINST: Cusato

 

 

 

 

 

 

 

Accordingly, a draft Local Preference Policy was presented to the May 2017 Ordinary Meeting of Council. The Council report is provided at Attachment 1. At the meeting Council resolved the following:

 

09.08  Opportunities for Local Firms to do Business with Council

resolved:  Alley/Turner

 

That Council:

1.       Continue to implement the currently adopted integrated strategy to support local business.

2.       Place the draft Local Preference Policy incorporating a 5% Notional Price Offset, on public exhibition for a period of 28 days from 24 May to 21 June 2017.

3.       Request the General Manager provide a briefing to Councillors in August 2017 detailing the submissions received from the public during the exhibition period and a further report to Council.

carried:      6/0

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

Against:       Nil

 

In terms of the above-mentioned resolutions of Council, staff continue to implement the currently adopted integrated strategy to support local business. Details of actions were included in the report to Council in May 2017 as per attachment 1.

 

The draft Local Preference Policy incorporating a 5% Notional Price Offset was placed on public exhibition for a period of 28 days from 24 May to 21 June 2017. Seven (7) submissions were received and details of the submissions received are outlined in this report.

 

A Councillor briefing was provided to Councillors on 2 August 2017 detailing the submissions received from the public during the exhibition period.

 

This report satisfies the requirement of Resolution 3 above which requires a further report to Council.

 

Changes have been made to the Policy that was on public exhibition

 

Ongoing legal advice has been sought with the development of this Policy and this has resulted in further changes.

 

Changes that have been made to the Policy post public exhibition have resulted in:

·    Greater articulation as to when and how the policy will be applied; and

·    An expanded definition of a Local Supplier (as outlined below).

 

Local Supplier Definition

 

The definition of a local Supplier was provided through legal advice from Lindsay Taylor Lawyers. This is articulated in section 5 of the attached policy:

 

A tenderer will be a Local Supplier for the purposes of this Policy if it is a business which:

·    in the case of a business which has been operating for more than 3 months prior to lodging the relevant tender:

has its principal place of business within the LGA or within 5 kilometres of the boundaries of the LGA and has had for the 3 months prior to the lodging of the relevant tender; and

operates within a market within the LGA and has been doing so for the 3 months prior to the lodging of the relevant tender, or

·    in the case of a new business which has not been operating for 3 months, has its principal place of business within the LGA or within 5 kilometres of the boundaries of the LGA, and has been operating or is proposing to operate within a market in the LGA.

Local Preference Policies.

 

Local preference policies can operate in a number of ways but generally give advantage to locals over and above other suppliers. For this reason, such policies may be favoured by local suppliers.

 

Local preference policies however, carry a number of legal risks depending on their nature. In the May 2017 report to Council (Attachment 1), a number of manifestations of a local preference policy were referred to: namely:

 

-     A Notional Price Offset

-     Weighted Local Preference/Local Content selection criteria

-     Social procurement.

 

It was considered that a notional price offset, rather than a weighted local preference/social procurement policy is more transparent, more able to be consistently applied and less likely to dissuade suppliers from tendering.

On balance, it is therefore considered that of the local preference options, a policy incorporating a notional price offset represents the least risk to Council in comparison to the other forms of an LPP presented in that report.

 

The main risks to Council from a LPP are:-

 

·    breaches of the obligation under clause 178 of the Local Government (General) Regulation 2005 to accept the most advantageous tender ie best value;

·    breaches of the Competition and Consumer Act 2010 ie lessening of competition;

·    challenges as a result of lack of transparency, consistency and fairness.

 

Exhibition Period and Submissions

 

The draft Local Preference Policy was publically exhibited for 28 days between the dates of 24 May to 21 June 2017.

 

A number of submissions were received during this period and the details of these, and staff responses, are also outlined in the Community Engagement and Internal Consultation section of this report.

 

A briefing was also held between staff and Councillors on 2 August 2017 to discuss the submissions.

 

Impacts of Implementation of a Local Preference Policy

 

Additional to breaches to clause 178 of the Local Government (General) Regulation 2005, Competition and Consumer Act 2009 and challenges to the procurement process, there are a number of implementation risks and potential impediments as a result of implementing a Local Preference policy, these being:

 

·    Additional administration- It is anticipated that additional resources will be required to manage potential risks relating to breaching the Competition and Consumer Act 2009, this includes checking submissions in relation to whether the submission is from a local.

·    Delays to procurement - It is anticipated that more rigour will be required during procurement planning to complete market analysis and determine the impact local preference factors will have on the market, so as to not breach the Competition and Consumer Act 2009. This will have an effect of placing more lead time (and/ or costs) on procurements and projects that include procurement activity.

·    Review of accompanying policies, procedures and templates - The procurement plan and tendering documentation will be updated for the implementation of the Local Preference Policy. Other documentation will be reviewed during the trial period, this includes the Procurement Policy, Purchasing / Tendering Procedures and Statement of Business Ethics (these documents are not inconsistent with the draft Local Preference Policy but as they fall due for review will be updated).

 

If Council resolves to implement a Local Preference Policy with a trial period of 12 months it is planned for the policy to come in to effect on the 1 September 2017. This will mean any current procurements that have been initiated prior to 1 September 2017 will not have the Local Preference Policy apply to them.

 

The high level plan of implementation includes:

 

·    Adopt a new Local Preference Policy trial for 12 months- 1 September 2017.

·    Implement a revised Procurement Plan and Tendering documentation- 1 September 2017.

·    Use the trial period to determine changes required to the Procurement Policy, Purchasing / Tendering Procedures and Statement of Business Ethics.

 

Options

 

Council has the option to:

 

·    Maintain the status quo, and continue to implement the currently adopted integrated strategy to support local business through Council’s purchasing of goods and services; or

 

·    To implement a 12 month trial of the Local Preference Policy incorporating a 5% Notional Price Offset. This trial will take place once Council has adopted the Policy and will enable Council to measure its success during the trial period.

·                      

·    Give further consideration to the implementation of a weighted local preference/social procurement policy.

 

Community Engagement & Internal Consultation

 

Internal consultation has been undertaken with:

 

·    General Manager

·    Director, Corporate Performance;

·    Group Manager, Governance and Procurement;

·    Group Manager Commercial Business Units;

·    Procurement Operations Coordinator.

 

The draft Local Preference Policy was publically exhibited for 28 days between the dates of 24 May to 21 June 2017.

 

A number of submissions were received during this period and the details of these, and staff responses, are outlined below. All perrons that submitted a response received a formal acknowledgement letter.

 

Submission-

Issue

1.

Kellon Beard (New South Wales Business Council)

I believe that the policy as displayed is sound and will work to assist local businesses win work from the Council. Well done.

Response/ Comment

Council acknowledges your submission and note support for the proposed Policy.

 

2.

Andy Davis (Director) (Street Wise Road Safety & Traffic Services)

I am in favour of Council giving preference to local businesses, and would support the proposal if it gives locals a better chance of winning Council tenders. I would also like to see this idea expanded and see Council put more civil construction works, civil design and other engineering works out to tender to local companies.

Response/ Comment

Council acknowledges your submission and note support for the proposed Policy.

 

A Local Preference Policy will apply to tenders greater than $150,000 this will include civil construction works, civil design and other engineering works.

 

3.

Mark Hughes (Australian Workers Union)

Given the high percentage of current contracts won by local businesses, and the legal advice advising against such a policy, I would oppose it. I fully support local businesses, and want them to succeed, but this policy would offer no financial benefit to our LGA, nor any real advantage to many local businesses. Further, there seems to be no differential between major projects that are labor intensive, compared to a supply only contract (such as stationary etc) where location means very little. There also seems to be no mention of large businesses setting up a small office locally to take advantage of the local benefit. Allowing for a number of contracts of which locals are unable to fulfil, the current practice allows a reasonable advantage for local companies, with direct interaction with the council, and the easy opportunity to attend information sessions. I recommend the proposal be voted down.

Response/ Comment

Council acknowledges your submission and note your opposition to the proposed Policy. It is also acknowledged that Council does provide many local business and suppliers with contracts and work through its’ procurement activities already.

 

A Local Preference Policy introduces both benefits and risks, some of the risks are legislative and relate to the risk of breaching the Competition and Consumer Act 2009.

 

Council would be unable to fully mitigate the risk relating to large businesses setting up a small office locally to take advantage of the local benefit, the legal advice that has been provided is that the best way to do this is to make it very clear in the policy the definition of local business, as highlighted in the revised draft Policy.

 

On balance, it is considered that the revised draft Policy mitigates the legal risks and risks associated with the definition of “local” as much as it reasonably can.

 

Council remains committed to supporting the local economy and enhancing the capabilities of local business and industry. The objective of this Policy is to create a framework that ensures Council gives due consideration to the actual and potential benefits to the local economy of sourcing goods and services where possible, whilst maintaining a value for money approach at all times.

 

4.

Councillor Peter Alley

Issue #1: As I consider this whole issue more fully, I am more persuaded that the benefit of a local preference policy needs to be on the creation of local jobs. This is slightly different to the proposed policy which has a focus on local business. We want to encourage any and every business that creates local jobs in our region, irrespective of where their registered office is. A focus on jobs also differentiates between a contract which is predominately for the delivery of product with very little actual local content and that of a larger service contract with a large labour component. To that end, I propose that every tenderer, irrespective of where their registered office resides, should state as part of their submission, the estimated number of work hours of Port Macquarie Hastings Council residents in the delivery of the tendered goods and services. This labour component should include any tender submission costs, any sub-contractor costs and any local manufacturing costs and be documented in full. A 5% beneficial tender pricing comparison based on the local labour content only would apply in the consideration of that tender submission.

Issue 2: The scenario of a local tenderer being more likely to be selected to supply the council may add up to 5% to the cost to council is well documented in the proposed policy. However, this has the risk of masking a different problem and this is the problem that potential tenderers from out of the LGA may not submit a tender. It is likely that some businesses from outside of our LGA may form the view that they have less chance of being successful due to our local preference policy and decide not to commit their resources in making a tender submission. If that becomes the case, the tendering process as a mechanism of getting the best value is undermined. Our out of LGA tenderer may well have put in a price that would have been 20% less than the other tenderers and consequently council ends up paying 20% more than we otherwise would have. We would be none the wiser that this had occurred. I believe that this would be less likely to occur if a local preference policy was based on the creation of local jobs (as I have proposed above) as this would be inclusive of more businesses. The evaluation of the local preference policy at the end of the trial should look at the number of tender submissions received under the LPP and compare it with similar tenders before the LPP to see whether this may be occurring.

Response/ Comment

Council acknowledges your submission and comments.

 

Consideration of a Policy position to support local business has been in response to a commitment to supporting the local economy and enhancing the capabilities of local business and industry. The objective of this Policy is to create a framework that ensures Council gives due consideration to the actual and potential benefits to the local economy of sourcing goods and services locally where possible, whilst maintaining a value for money approach at all times.

 

In terms of Issue 1, staff have previously considered the application of a policy which would focus on the development of local jobs (through the evaluation process itself). This approach has been the subject of legal advice and found to be a manifestation of a Local Preference Policy. It was considered that a notional price offset, rather than a weighted local preference/social procurement policy is more transparent, more able to be consistently applied and less likely to dissuade suppliers from tendering. On balance, it is therefore considered that of the local preference options, a policy incorporating a notional price offset represents the least risk to Council in comparison to the other forms of an LPP that have been previously considered.

 

In terms of Issue 2, there is certainly validity to the comments made. The application of the Policy may result in Council paying more for goods and services, however it is proposed to mitigate this by the application of a price offset percentage of 5% and a price cap. Furthermore, the draft Policy seeks to ensure that the application of this Policy does not have an adverse effect on competition and does not cause Council to breach its obligations under the Competition and Consumer Act 2010 (CCA). Greater rigour will need to be applied during procurement planning to ensure that Council is not limiting competition.

 

In the post trial evaluation, the number of submissions received under the LPP in comparison to similar tenders before the LPP can certainly be incorporated.

5.

Malcolm McNeil (McNeil Architects)

Whilst currently travelling overseas I feel somewhat guilty that the money that I have earned in Port Macquarie and has been going around and around in my local community is now in part being spent on the other side of the world. I am consoled by the fact that I am making new friends and encouraging them to visit Australia and Port Macquarie. I am encouraged by proposed POLICY to provide a financial benefit to local tenderers by way of applying a price offset. The next problem will be what defines local.

As a local resident that was born in Port Macquarie, I have spent my working life in this community and feel that I cannot be more local than that. In contrast we have had instances in the past where a city, national or multi-national firm sets up an office in Port Macquarie just to get a larger project, and thus claims to be local. As soon as the economy slows or they get a better offer elsewhere, they are off to different pastures whilst often leaving a trail of debt within this community. We have seen many instances where council has ended up in dispute with its contractors and I will stand corrected if I am wrong, but the larger number and the larger value of disputes have been with contractors that do not have the local commitment. The larger firms most often have the greater resources to present the more polished sales pitch and when it comes to the services they are totally driven by the dollar without the commitment to the local community.

The third issue is that outside firms tend to be larger and have significantly larger resources to devote to preparing submissions that again places the local typically smaller business at a disadvantage. I believe that the price offset proposed should be significantly greater than 5% and would probably be more appropriate at 20%.

I am sorry that I have not been able to prepare a more detailed and polished submission on this subject due to skipping between poor internet connections. I would welcome the opportunity to discuss this subject further.

Response/ Comment

Council acknowledges your submission and note support for the proposed Policy by way of applying a price offset.

 

In terms of the definition of local, Council would be unable to fully mitigate the risk of a city, national or multi-national firm setting up an office in Port Macquarie just to get a larger project, and thus claiming to be local. Having said that, in accordance with legal advice, the definition of a local supplier, including requirements for proof of principal place of business, have been included to ensure that the application of this policy mitigates this risk occurring.

 

Part of Councils existing strategy to support local business includes education and we provide tendering debriefs, supplier forums and tender writing workshops. These are for the purposes of upskilling local businesses to place them more competitively in the market place

 

In terms of the price offset percentage applied, 5% has been identified to assist in mitigating the risk of Council breaching the

Competition and Consumer Act 2009. The higher the percentage applied, the greater the risk that Council may be lessening competition in the market – which places it at greater risk of a breach of the Competition and Consumer Act 2009.

6.

Russell Wallace (Miedecke Motor Group)

Please find following our company’s feedback on the above proposed policy.

SUMMARY

The opportunity to provide feedback on the draft Tendering Local Preference policy is appreciated. We strongly support the principle of supporting local businesses to provide wider community benefits, and practice this in our own organisation. Port Macquarie Hastings Council and Miedecke Motor Group have had a long-standing business relationship and we believe that the new policy will strengthen this association and be mutually beneficial. The proposed Tendering Local Preference Policy is endorsed in its current form, i.e. no recommended changes.

ADDITIONAL INFORMATION

Andrew Miedecke founded what is now the Miedecke Motor Group in 1982 and built the business from the ground up.  While it is now a major regional dealership it is still possible (and encouraged) to speak directly with the owners and senior management, and being a trusted member of the community has always been a core value. The company has always had a strong regional orientation.  It employs more than 100 locals and purchases goods and services from a range of other companies in the area.  In addition to the financial benefits this provides directly to the local economy, MMG also supports a range of local clubs and charities.  The ability to continue providing this assistance is based on having a sustainable business including support from our key customers. We value our partnership with PMHC and always aim to provide outstanding service as well as competitive pricing.  The Local Preference Policy provides a means of strengthening the existing relationship in a way that meets the commercial requirements of both parties. The draft policy is concise and unambiguous, and the proposed notational price offset methodology is fair and transparent.  We do not propose any changes to the draft version. Again, thank you for the opportunity to provide this feedback.  Please let me know if you have any questions regarding our submission or would like any further information.

Response/ Comment

Council acknowledges your submission and note support for the proposed Policy.

 

7.

Jamie Harrison (Harelec Solar power Specialists)

Please see my comments on the policy. It is a good first, step and I am in general support of it. The cap of 400000 is reasonable. The percentage given could be lower than 5% but only if council is willing to expose it weightings, in each of its evaluation criteria prior to tendering,  it is not against the law and many councils do, this would help local business more that an percentage for local content. Best value for money can only be achieved by an open and transparent tender process, councils tender process is not, no  information about tender weighted performance is released to unsuccessful tenders nor is the tender weightings use for the tenders. What would help local business more than a percentage, is to place value on previous tender performance, which council does not. Removing biases and installing independent members to the tender panel would see a better outcome for local businesses.

Response/ Comment

Council acknowledges your submission and notes your general support for the proposed Policy.

 

For clarification, please be advised that the cap identified in the Policy is $25,000 and not $400,000.

 

Your comments in relation to the tendering process at Council are noted.

 

Tendering in local government is regulated and Council also follows the requirements of the Tendering Guidelines for NSW Local Government. These Guidelines must be taken into consideration by all councils when exercising their tendering functions and were prepared to encourage and support best practice procurement within the local government sector.

 

Specific information regarding purchasing at Port Macquarie-Hastings Council can be found on our website at the following link:

 

http://www.pmhc.nsw.gov.au/Business/Supplying-to-Council/Purchasing-Policy-and-Procedures

 

 

 

Planning & Policy Implications

 

The implementation of the Local Preference Policy will not trigger an immediate change to procurement policies and procedures as the existing wording in the documents are not in conflict with the Local Preference Policy. The review of procurement policies and procedures will occur during or post the trial period.

 

Financial & Economic Implications

 

The implementation of a LPP poses an additional administrative, process and financial burden on Council with evaluation criteria, evaluation processes, and Council tender reports needing to specifically address how Council is satisfied that it will still select the most advantageous tender when the LPP is applied.

 

The implementation of a LPP has the potential to add costs to goods and services, in that Council may pay more for a contract than it otherwise would due to the application of the LPP as described in the body of the report, however the Draft Policy as proposed mitigates this somewhat with a 5% notional price offset and an overall cap.

 

Attachments

 

1View. May 2017 Ordinary Council Report

2View. Tendering Local Preference Policy

 

 


AGENDA                                                                                Ordinary Council

16/08/2017









 

 

What we are trying to achieve

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

 

 

What the result will be

We will have:

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

              A community that is prepared for natural events and climate change

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

              Accessible transport network for our communities

              Infrastructure provision and maintenance that meets community expectations and needs

              Well planned communities that are linked to encourage and manage growth

              Accessible and protected waterways, foreshores, beaches and bushlands

              An environment that is protected and conserved for future generations

              Renewable energy options that are understood and accessible by the community

 

How we will get there

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

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

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

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

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

4.6     Restore and protect natural areas

4.7     Provide leadership in the development of renewable energy opportunities

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

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          12.01

 

Subject:     Classification of Lands Recently Acquired by, or Transferred to Council

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.3 Develop, manage and maintain Council Business Units through effective commercial management.

 

 

 

RECOMMENDATION

 

That Council classify Lot 2 DP1221154 and Lot 163 DP1229250 as operational land.

 

Executive Summary

 

When Council either acquires land, or has land transferred to it, it is required to classify the land to satisfy the requirements of the Local Government Act 1993.

Council recently acquired land at Sancrox for an environmental offset and recently had land at Lake Cathie containing a sewer pumping station transferred to it.  Public exhibition of the proposed land classifications has been undertaken.  Whilst no submissions have been received in response to the Exhibition Notice, Council is none-the-less required to formally resolve a land classification.  This report provides for Council to resolve the land classifications as “operational” land.

 

Discussion

 

At the Ordinary Council Meeting held on 10 August 2016, Council considered a report on the acquisition of land at Sancrox to provide an environmental offset as part of the Sancrox Employment Precinct and resolved as below:

 

12.04 SANCROX EMPLOYMENT LAND ENVIRONMENTAL LANDS AND

SERVICES PLANNING AGREEMENT

RESOLVED: Griffiths/Cusato

That Council:

1. Delegate Authority to the General Manager to:

a. Sign the Contract for Sale/Deed of Acquisition and Land Titles Office Transfer Form for Lot 2 DP 1221154.

b. Negotiate, enter into and execute an amendment to the Sancrox Employment Land Environmental Lands and Services Planning Agreement as proposed in the report.

2. Subject to settlement and pursuant to section 34 of the Local Government Act

1993, commence the procedure to classify Lot 2 DP 1221154 as operational

land by placing on public exhibition the proposed resolution “It is intended to

classify Lot 2 Deposited Plan 1221154 (land situated at Fernbank Creek Road,

Fernbank Creek) as operational land”, for a minimum period of 28 days.

3. Subject to Resolution 2 above, note that a further report will be tabled to Council following completion of the public exhibition period, detailing the submissions received from the public during the exhibition period.

CARRIED: 9/0

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

and Turner

AGAINST: Nil

 

At the Ordinary Council Meeting held on 21 June 2017, Council considered a report on the transfer of land at Lake Cathie following the completion of construction of a sewer pumping station to service a new residential land release, and resolved as below:

 

13.01 TRANSFER OF LAND TO COUNCIL FOR SEWER PURPOSES

RESOLVED: Levido/Cusato

That Council:

1. Accept the transfer of land being Lot 163 Deposited Plan 1229250.

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 Lot 163 Deposited Plan 1229250 as operational land by placing on public exhibition the proposed resolution “It is intended to classify

Lot 163 Deposited Plan 1229250 as operational land”, from 28 June 2017 for a minimum period of 28 days.

4. Note that a further report will be tabled to Council at the August 2017 Ordinary

Council meeting, detailing any submissions received from the public during the exhibition period.

CARRIED: 8/0

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

AGAINST: Nil

 

With the acquisition of the land at Sancrox recently finalised and having regard to Resolution 2 of the Council meeting of 10 August 2016 and Resolution 3 of the Council meeting of 21 June 2017, public exhibition of the proposed land classifications has been undertaken.  At the conclusion of the exhibition period no submissions were received.

 

Council is now able to proceed to resolve the land classifications as “operational” land as proposed by the public exhibition.

 

Options

 

Given Council’s prior resolutions and having regard to nil submissions being received during the exhibition period, an “operational” land classification is appropriate.

 

Community Engagement & Internal Consultation

 

The proposed land classifications have been placed on public exhibition.  No submissions were received.

 

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

 

Nil

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          12.02

 

Subject:     Energy Efficient Street Lighting - Light Emitting Diodes (LED)

Presented by:  Infrastructure, Andrew Doig

 

 

Alignment with Delivery Program

 

4.7.1 Promote renewable energy outcomes within Council.

 

 dsfdf

 

RECOMMENDATION

 

That Council:

1.       Delegate authority to the General Manager to seek and execute a formal proposal by Essential Energy to undertake a bulk upgrade of eligible Category P (local roads) street lighting to approved LED luminaires, up to a limit of $2.07M.

2.       Note the payback period of less than 5 years for this proposed project.

3.       Create a new allocation in the 2017/18 Operational Plan of $2.0M to fund this project.

4.       Note the time criticality of accepting and executing the agreement, based on Council aligning with Essential Energy’s October 2017 bulk maintenance timeframe, which will provide a $0.31M cost saving to Council based on contractor efficiencies.

5.       Consider a future allocation in the 2018/19 Operation Plan for a further bulk upgrade programme for Category V (main roads) street lights.

 

Executive Summary

 

Council acts as a public lighting customer for the provision of street lighting to the community. Council currently spends over $1.16 million per year to provide this service. Acceptance of a Street Lighting Use of Services (SLUOS) pricing agreement for Light Emitting Diode (LED) lighting with Essential Energy in July 2017 enables Council to undertake a bulk upgrade of eligible Category P (local roads) street lighting to approved LED luminaires.

 

The upgrade of up to 5,583 potentially eligible luminaires to LED has an associated capital cost in the order of $1.70M to $2.07M, will generate cost savings in the order of $0.33M per year, providing a payback period of less than 5 years.

 

Discussion

 

Essential Energy has introduced a LED Street Lighting Use of Service (SLOUS) pricing agreement. Following the execution of this agreement, Council has received a proposal from Essential Energy to upgrade 5,583 potentially eligible luminaires to LED, out of Council’s total street lighting inventory of 7,690 luminaires (based on the December 2016 lighting stock report). The final number of luminaries to be replaced will take into account the addition of any luminaires installed after December 2016, and the subtraction of ineligible luminaires that cannot be replaced by LED (such as decorative lighting).

 

The proposal from Essential Energy outlines four options for Council to upgrade to LED, each with an associated capital cost, ranging from $1.70 million up to $2.07 million. If Council commit to undertaking a bulk LED upgrade in line with Essential Energy’s current bulk maintenance program, being October 2017, Council will obtain a $0.31M discount due to Essential Energy contractor efficiencies. This discount is reflected in the capital costs outlined above. 

 

Essential Energy require advice to proceed from Council no later than 17 August 2017 in order to realise these contractor efficiencies. Should Council not agree to undertake the LED upgrade at this time, any future bulk LED upgrade will likely cost an additional $0.31M.  

 

Based on discussion with Essential Energy the works will be classed as non-contestable works, meaning only Essential Energy (as the Network Service Provider) can undertake the works and therefore Council cannot seek quotations from other contractors.

 

Several other Councils, including Eurobodalla, Leeton and Tamworth, have recently instructed Essential Energy to undertake a bulk LED upgrade, taking similar advantage of the bulk maintenance program reduction on costs. Council’s bulk LED upgrade proposal is comparable in nature to that received by numerous Councils in Essential Energy’s distribution zone.

 

To evaluate the financial implications of these works, Council engaged a specialist energy consultant, 100% Renewables, to investigate the Essential Energy proposal, specifically:

 

·    Review the information received from Essential Energy, initial calculations and Council’s energy agreement for street lighting

·    Liaise with other Councils who have received similar offers to upgrade to LED

·    Evaluate the value of Energy Saving Certificates (ESCs) that will be associated with the proposed upgrade and parties who can assist Council in this regard

·    Source information relating to other potential incentives that Council could seek to access to support the case for implementation of the LED upgrade

·    Assessment of the business case for the LED upgrade, primarily focused on the offer presented. This involved estimation of the energy use / cost, SLUOS and ESC savings against the capital cost and liaison with Essential Energy to understand what, if any, capital costs may be incurred in future bulk upgrades for these lamps. A secondary assessment looked at the impact of residual values on the business case and assessed the impact of omitting high residual value luminaires from the LED program of work.

 

The detailed report from 100% Renewables is attached.

 

The findings of this financial analysis indicate that out of the four proposed options, Option 1 (all Gerard LED luminaires) is the most cost effective.

 

The benefits of the “Option 1 All Gerard” proposal are summarised below.

 

Option 1 (Gerard)

Amount

Capital cost (payable to Essential Energy)

$2,025,218

Energy Savings Certificate (ESC) discount

$120,266

Net cost to PMHC

rate

$1,904,953

Annual energy saving

859,532 kWh

Annual energy cost saving

$117,648

Annual SLUOS saving

$225,104

TOTAL savings

$342,752

Simple payback

4.9 years

Net present value benefit compared with doing nothing, to 2030 at 7% discount

$1,609,959

 

The report subsequently recommended that Council consider a modified Option 1 proposal, which omitted 94 luminaires with residual value in excess of $1,000 from the LED upgrade. While this results in slightly lower energy and maintenance cost savings, the capital cost is reduced by $257,117, generating a shorter payback period of 4.4 years and an improved net present value benefit by nearly $0.2M.

 

This option is summarised below.

 

Option 1 modified (Gerard) – residual value decreased by omission of 94 luminaires

Amount

Capital cost (payable to Essential Energy)

$1,768,101

Energy Savings Certificate (ESC) discount

$118,221

Net cost to PMHC

$1,649,880

Annual energy saving

844,920 kWh

Annual energy cost saving

$115,648

Annual SLUOS saving

$221,277

TOTAL savings

$336,925

Simple payback

4.4 years

Net present value benefit compared with doing nothing, to 2030 at 7% discount

$1,805,278

 

Discussions with Essential Energy have indicated that modifying the proposal to exclude luminaries with high residuals is feasible and would be reflected in the formal quotation issued to Council.

 

It should be noted that Essential Energy are currently trialling eligible LED technologies for Category V (main road) street lighting (which are outside the scope of the above proposal). It is estimated that the approved technology will likely be available in 2019/20. Additional capital costs will likely be incurred at this time to undertake a Category V bulk replacement, which would require an allocation in the 2018/19 Operation Plan for this program.

 

Analysis of the future potential benefit of a Category V bulk LED upgrade by 100% Renewables indicated that the benefits to Council would be similar to the Category P bulk LED upgrade.

 

Background

 

Council resolved at the June 2017 Ordinary Council Meeting to:

 

1.       Delegate authority to the General Manager to accept and execute the Negotiated LED SLUOS Pricing Agreement with Essential Energy; and

2.                 

2.       Investigate the financial implications of undertaking a bulk street lighting LED change-out, including capital contribution costs and payback period, for reporting to a future Council meeting.

3.             

Following this resolution the General Manager accepted and executed the negotiated LED Street Lighting Use of Service (SLOUS) Pricing and Council engaged an energy consultant, 100% Renewables, to investigate the financial implications of undertaking a bulk street lighting LED. 

 

Options

 

Council can either accept the recommendation to undertake a bulk street lighting LED upgrade in October 2017 (aligning with Essential Energy’s bulk maintenance program, capitalising in $0.31M in contractor efficiencies), or undertake a bulk street lighting LED upgrade at a future point in time, incurring a likely additional capital cost of $0.31M, whilst continuing to incur higher relative usage and maintenance costs.

 

Community Engagement & Internal Consultation

 

Internal consultation was been undertaken with the following:

 

Director Strategy & Growth

Acting Director Infrastructure

Group Manager Assets & Property Investment

Group Manager Transport & Stormwater Network

 

Extensive consultation has also been undertaken with Essential Energy, which is currently ongoing.

 

Planning & Policy Implications

 

Undertaking a bulk street lighting LED upgrade has no specific planning or policy implications to Council.

 

Financial & Economic Implications

 

The bulk street lighting LED upgrade is proposed to be funded from Council’s Street Lighting Reserve. 

 

As the current balance of $0.25M in the reserve is clearly inadequate for the investment, it is proposed to place the Street Lighting Reserve $1.75M into deficit to cover the proposed works.

 

Councillors are aware that the review of Council’s reserve balances is currently underway.

 

It is proposed that this reserve deficit will be replenished following consideration of the outcomes of this review or from transfers from existing internally restricted reserves prior to the finalisation of the 2017-2018 financial year.

 

Attachments

 

1View. Report - Financial Implications of Undertaking a Bulk Street Lighting LED Changeout - 100% Renewables

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          12.03

 

Subject:     Ocean Drive Duplication Project Update

Presented by:  Infrastructure, Andrew Doig

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

That Council:

1.       Note the current status of the Ocean Dr Duplication project including the estimated construction costs of $60 million.

2.       Request the General Manager to write to the Local Member for Port Macquarie and the NSW Roads Minister seeking a funding commitment to progress to construction of this project.

 

Executive Summary

 

In 2013, the NSW Government, through the Roads and Maritime Services, provided a $10million commitment to Council to fund the design and construction of the Ocean Drive Duplication between Greenmeadows Drive (South) and Emerald Drive, Port Macquarie.

 

Early project estimates deemed the funding insufficient due to the complexity of the proposed works. It was therefore deemed that this funding would be used to support the design, environmental assessment and planning approval for the project. A separate funding application would be required to supplement construction.

 

Council, through its external design delivery partner, has recently completed the detail design, environmental assessment, community consultation and final cost estimation for the project. 

 

The Project Steering Group is seeking Council endorsement to apply to the NSW State Government Local Member and NSW Roads Minister for additional funding for the construction phase of the project.

 

Discussion

 

Project Governance

Following receipt of the State Government commitment of $10million for the Ocean Drive Duplication in 2013, a Steering Group was formed to provide project governance to project staff. Key members of the Steering Group include:

-     Councillor Justin Levido (Chair)

-     Director of Infrastructure

-     Council Chief Financial Officer

-     Roads and Maritime Regional Manager

-     Roads and Maritime Asset Manager

-     Key project staff

 

Project Status

Council’s external design delivery partner SMEC, recently completed the detail design, environmental assessment, community consultation and final cost estimation for the project. Although it is likely SMEC will provide design support during the construction phase, Council will finalise the current SMEC engagement over the coming months. 

 

Through the Steering Group, Roads and Maritime have endorsed the final project documents providing confidence to the Steering Group that the project is in a position to commence construction phase planning. This would involve funding application, commencement of a significant Request for Tender process, Tenderer negotiation and the construction phase.

 

At this stage, it is anticipated the construction phase of the project would take approximately two (2) years to complete following confirmation of funding.  

 

Project Staging

In May 2017, members of the Steering Group and key Roads and Maritime and technical staff were involved in a Project Staging Workshop. The intent of this workshop was to determine whether the 3.4km project could be split into separable projects while still providing a net community benefit.

 

Through analysis of a number of potential options, it was determined that the greatest community benefit for money spent is gained by construction of the entire project length from Greenmeadows Drive to Emerald Drive as a single project.

 

Project Costs

As the project progressed through the design phase, unit rate cost estimates were developed at key project milestones in accordance with the Roads and Maritime Project Estimating Manual. These estimates were reviewed by Roads and Maritime’s Project Management Office and comments addressed by the project team.

 

The final cost estimate of $58.53million was tabled at the April 2017 Project Steering Group Meeting and endorsed by the Steering Group in May 2017 following Roads and Maritime review and endorsement.

 

The above information is proposed to form the basis of the funding application to the NSW State Government for construction of the project.

 

Noting this project has not been identified as a current priority within Council’s 2017-18 Operational Plan, no current internal resources have been allocated to the construction of the project this financial year. Consideration to an appropriate delivery methodology shall be carried out following any commitment to construction funding.

 

Options

 

Council has the option to accept these recommendations or propose alternate.

 

Community Engagement & Internal Consultation

 

Significant community and other stakeholder engagement has been carried out in conjunction with the detailed design development. At three separate periods during the design process, the community was given the opportunity to provide comment on the design and environmental reviews developed by Council. During each period, community feedback was encouraged via the Have Your Say website in addition to Project staff attendance at two separate face to face engagement sessions specifically for the community to ask questions to project staff. Feedback received from all media was considered during the project development and incorporated where appropriate.

 

The final engagement sessions were held at the Emerald Downs Community Hall on the 25th and 27th May 2017 to inform the community of the final design. Although some community members remained opposed to the upgrade, the majority of feedback received from the community was positive with most asking why construction has not been confirmed.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

In 2013, the NSW Government, through the Roads and Maritime Services, provided a $10million commitment to Council to fund the design and construction of the Ocean Drive Duplication between Greenmeadows Drive (South) and Emerald Drive, Port Macquarie.

 

As of July 2017, a total of $1.83million has been expended on the design and preconstruction approvals for this project, with the balance of the $10million allocation available for construction.

 

The final construction cost estimate of $58.53million for the Ocean Drive Duplication was tabled at the April 2017 Project Steering Group Meeting and endorsed by the Steering Group in May 2017 following Roads and Maritime review.

 

It should be noted that additional costs associated with construction such as Biodiversity Offset Planting and additional consultation has not been included in this estimate, therefore a provisional allowance of $1.5million is added to the final cost estimate for these expected additional costs. The total expected project cost is therefore in the order of $60M.

 

Based on the final construction cost estimate, additional allowances and the balance of the original $10million Grant, a further $52million in funding is required.

 

Noting this project has not been identified as a current priority within Council’s 2017-18 One Year Operational Plan, it is proposed that a representation be made to the NSW State Government for additional supplementary funding of $52million to allow this project to proceed to construction.

 

Council may need to consider the priority and level of funding it is prepared to contribute to this project over existing works priorities as included in the current Operational Plan or give consideration to this project in future Operational Plans, should the NSW State Government not be prepared to fund the total cost of this project.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/08/2017

 

 

Item:          12.04

 

Subject:     Site Specific LEP Amendments - Update

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the current status of the eleven site-specific planning proposals considered at the Ordinary Meeting of 15 March 2017 as described in this report.

2.       Take the necessary steps to discontinue planning proposals in relation to Ruins Way Port Macquarie, Mumford Street Port Macquarie and Ocean Drive Lakewood, for the reasons set out in this report.

3.       Commence investigation of two additional requests for site-specific planning proposals at High Street, Wauchope and at the Oxley Highway and Pacific Highway interchange, Sancrox, as part of Council’s strategic land use planning work program.

 

Executive Summary

 

On 15 March 2017, Council resolved as follows:

RESOLVED: Intemann/Dixon

That Council:

1. Invite the proponents for site specific LEP amendments at:

a. Lots 1 and 2 DP 1091253, Beach St Bonny Hills;

b. Lot 2 DP 771931, Mission Terrace Lakewood;

c. Lot 435 DP 1222921, Crestwood Dr Port Macquarie;

d. Lots 37 & 39 DP 1191701, Frogs Rd Sancrox;

to submit fees and information to support the preparation of Planning Proposals for each site.

2. Commence investigations of a. to d. above as part of Council’s strategic land use planning program.

3. Consider a further report following the initial investigations and determine whether to proceed with Planning Proposals to rezone the lands in each case.

4. Consider a further report on the status of all proposed site specific LEP amendments following adoption of the revised Port Macquarie-Hastings Urban Growth Management Strategy and determine priorities in Council’s strategic land use planning program.

CARRIED: 7/0

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

AGAINST: Nil

 

The purpose of this report is to satisfy item 4 in the above resolution to report on the status of current proposals. The March 2017 report provided a summary of current proposals and in some instances, where little progress had been made over a number of years, proposed that a further report be presented to Council to discontinue these matters if the necessary information to enable Council to satisfactorily progress a Planning Proposal had not been received by the end of June 2017.

 

Council’s preparation of the Urban Growth Management Strategy is continuing as part of the broader Strategic Planning Program.  There is limited capacity within the program for site specific proposals, given current resources and the need to complete key projects, such as planning for new residential and economic development release areas, in an efficient manner.

 

The following discussion provides a summary update of the eleven site specific matters reviewed by Council in March 2017. There has been very little progress in respect of three matters since March, and these are recommended to be discontinued.

 

As reported to Council in March 2017, it is proposed to defer requests for site-specific amendments until after completion of the UGMS review in order that the priority of these matters can be considered as part of the strategic land use planning program. 

 

Council has received further proposals for site specific amendments since March 2017, which are considered in this report.  The proposals include a request to rezone land at The Chimneys, south of Kew, a proposal to increase the height of Building allowable on land at Bundaleer Aged Care facility in Wauchope and a proposal relating to a proposed Highway Service Centre at the intersection of the Pacific and Oxley Highways.

 

Given the proposed deferral of three longstanding site specific matters in this report, it is proposed that the Bundaleer Aged Care proposal and Highway Service Centre proposals be considered as part of Council’s current strategic planning program.  These proposals are consistent with the current UGMS and have strategic merit.

 

The Chimneys proposal would significantly increase the already large supply of zoned residential land in the Camden Haven.  This is a significant strategic issue and it is therefore proposed to consider the status of this proposal in the review of the UGMS, prior to any decision to include the matter as a site specific amendment.

 

Discussion

 

Site-specific planning proposals are one component of the work Council’s Strategic Land Use Planning Group does, accounting for about 25% of the strategic planning team resources on average. Standard projects take about 12 to 18 months to complete once the planning proposal is ready to be prepared. However where there are complications such as environmental constraints or hazards such as flooding, the workload and time taken can increase significantly.

 

The proposals are predominantly initiated by private landowners seeking to increase the value or utility of their land resulting from the proposed changes, rather than projects initiated by Council for broader community benefit. Although these projects can sometimes deliver beneficial community, economic or environmental benefits, it is prudent for Council to carefully consider resource allocation for site-specific planning proposals to ensure that Council’s Strategic Land Use Planning team can work efficiently and projects can be finalised within a reasonable timeframe and budget.

 

Key merit considerations include:

·    the likelihood of project success

·    the proponent’s readiness to proceed and their commitment to finalising the project

·    the proposal’s alignment to Council’s strategic urban growth objectives

·    any public or environmental benefit offered by the proposal.

 

The following table provides a summary of the eleven site-specific matters reviewed by Council in March, showing current progress or otherwise in relation to each. A key to the status category is included below the table.

 

 

File No.

Status March 2017

Property

Summary

Status August2017

1

PP2011-9.3

4

Ruins Way, Port Macquarie

Residential zone

No change

2

PP2014-8.1

9

37 Lincoln Rd Port Macquarie

Residential zone

11

3

PP2014-9.1

4

14 Pioneer St North Haven

Residential zone

7

4

PP2014-10.1

4

11 Mumford St Port Macquarie

Commercial zone

No change

5

PP2014-12.1

6

Lot 202 Homedale Rd Kew

Residential zone

8

6

PP2016-3.1

9

Reading St, Port Macquarie

Residential zone

11

7

PP2009-1.1

2

304 & 340 Ocean Drive,10 Mission Tce Lakewood

Residential zone

No change

8

PP2016-10.1

2

Beach St Bonny Hills

Residential zone

8

9

 PP2016-11.1

2

Mission Terrace Lakewood

Residential zone

4

10

PP2017-4.1

2

Crestwood Dr Port Macquarie

Residential zone

4

11

 PP2017-3.1

1

Frogs Rd Sancrox

Industrial zone - Infill

2

 

Status update

 

Status

Stages in the Planning Process

1.  

Written request received

2.  

Initial internal review and discussions with applicant

3.  

Report to Council for a decision whether to include in program for coming year

4.  

If included, pre-lodgement meeting held: additional information or amended proposal requirements.

5.  

Information received, Proposal assessed, negotiations with proponent.

6.  

Report to Council - decision to proceed to Gateway (or not).

7.  

Submitted for Gateway determination.

8.  

Gateway determination.

9.  

Preparation for exhibition

10.

Exhibition

11.

Report to Council for finalisation.

12.

Submitted - waiting for LEP to be made.

 

Most of the site specific matters are considered to have been sufficiently progressed in the period since the March review and no further action in relation to these matters is proposed in this report.  However, there has been very little progress in respect of three longstanding matters at:

 

·    Item 1, Ruins Way Port, Macquarie

·    Item 4, Mumford Street, Port Macquarie

·    Item 7, 304 & 340 Ocean Drive, Lakewood.

 

A brief summary of the current status of the proposals is provided below. 

 

In each case it is recommended that the preparation of a planning proposal be discontinued.  The option remains for the proponent to submit a new request to rezone the land in question upon completion of support studies when they are ready to proceed.  Requests for site specific planning proposals are considered by Council as part of the strategic planning program and further reports are expected in 2018 to determine priorities.

 

1.    PP2011-9.3: Ruins Way Port Macquarie

 

Summary: Rezone land from RU1 Primary production to R1 General Residential.

 

This request was originally lodged in 2011 and was supported in principle by Council, subject to submission of a Koala Plan of Management and other support studies.

 

Since that time, there have been meetings and correspondence between Council and the proponent to define the information needed to support the proposal.  The required Koala Plan of Management has not yet been submitted and a review of other support information in relation to ecology and bushfire has found that the reports submitted use different assumptions and have recommendations that are mutually exclusive.

 

Following the March 2017 report to Council, a summary of information required to support a planning proposal was provided to the proponent. 

 

The applicant advised that they intend to proceed, with an intention to submit required information in June 2017.  However, the required information was not provided. 

 

The latest advice from the proponent is that further ecological investigation is currently being undertaken. However, it is unclear what other studies are being prepared.

 

There have now been ongoing negotiations with the proponent and landowner in relation to this matter for more than six years. As the information necessary to support preparation of a planning proposal has not been submitted, it is recommended that Council discontinue this matter. 

 

2.   PP2014-10.1: 11 Mumford St Port Macquarie

 

Summary: Rezone land from R1 General Residential and part E2 Environmental Conservation to Business Zone (Possibly B5).

 

This matter was initiated in June 2014. 

 

Council staff initially met with the proponent to determine the required information to support a planning proposal.  The necessary information includes a flood study and environmental reports to determine the location of proposed zone boundaries.

 

Since 2014, there has been no real progress in relation to the preparation of this information.  The applicant has advised by email dated 24 June 2017, that they intend to proceed following purchase of the land and discussion with the adjoining school about co-joining the application.

 

In view of ongoing discussions between the landowners and allowing for a reasonable time to prepare supporting studies, it is proposed that Council discontinue this matter and invite the proponents to submit a new request upon completion of the required work.  No fees have been paid in relation to this matter.

 

3.   PP2009-1.1: 304, 340 Ocean Drive, 10 Mission Terrace Lakewood: Lot 2 DP827937 and Lots 2 & 3 DP1114325

 

Request Summary: rezone land from RU1 Primary Production to part R1 General Residential, part E2 Environmental Conservation and part E3 Environmental Management.

 

Locality

Existing Zones

Locality

Existing Zones

 

This matter was initiated in September 2009. 

 

The site in question had been shown as an investigation area in the Camden Haven Urban Growth Strategy in 2003.  However, detailed studies were needed to support any proposed zone changes as the site is almost totally vegetated at the base of North Brother Mountain. 

 

Key issues for discussion with the proponent have related to the offsetting of vegetation loss and the need to retain a vegetation corridor along a water course through the site.  Consultation regarding these requirements was undertaken with the NSW Office of Environment & Heritage in 2012.

 

The proponent disagreed with these requirements and, as a result, there has been no progress in relation to the preparation of a planning proposal since that time.

 

Council staff have again consulted with the proponent regarding the information needed to support a planning proposal, since the report to Council in March 2017. 

 

The proponent, represented by a new planning consultant, has questioned the process undertaken by Council staff in relation to a proposed voluntary planning agreement. 

 

Whilst the proponent indicates that they are willing to continue to negotiate with Council, no further information has been submitted to support the proposed zone changes and there is little to suggest that there is a likelihood of progress on this matter in the short term.

 

There have now been ongoing negotiations with the proponent in relation to this matter for approximately 8 years. As the information necessary to support preparation of a planning proposal has not been submitted, it is recommended that Council discontinue this matter. 

 

New requests for Planning Proposals

 

Proposed Acute Care and Aged Care Residential Development, High Street Wauchope 

Request Summary: Increase Height of Building (HOB) LEP Map Series from 8.5m to 14.5m.

 

The proposal involves significant redevelopment of Bundaleer Aged Care facilities adjoining the Wauchope Hospital in Johnstone St, Wauchope. The proposal is to replace and expand the existing facility to include recently acquired land fronting High Street, Wauchope. The design concept indicates a $25-$30 million multi storey, 140 bed Aged Care facility and Acute Care centre with rehabilitation and therapy services and facilities. The project has been granted Federal Grant Funding. 


The existing HOB in the precinct is 8.5m, whereas the proposal includes some areas with a maximum height of 14m for lift over runs, terrace facilities and other structures. 

A pre-lodgement meeting was held in May 2017 and the applicant was advised that the proposal represents a significant variation to the 8.5m LEP height control and a development application would unlikely be supported. Given the scale of the proposed variation, it was recommended that the applicant pursue changes to the height controls applying to the site, making a submission for inclusion of a site specific amendment.

Key issues include timing (related to commitments associated with grant funding), impact on adjoining properties, adjoining heritage, road traffic noise and access.  

Subject to submission of the necessary information in relation to these issues, it is recommended that the site specific amendment be included in Council current Strategic Planning program.  

 

Proposed Highway Service Centre - 1179 Oxley Highway Lot 11 DP 1029846, 1179 Oxley Highway, Sancrox   

 

Request Summary: Rezone from RU1 Primary Production to SP1 Highway Service Centre.

 

A request has been received for a site specific LEP amendment to permit development of a Highway Service Centre at the south western intersection of the Oxley and Pacific Highways to the west of Port Macquarie.

 

In principle, this is consistent with the Port Macquarie-Hastings Urban Growth Management Strategy 2011 and the Section 117 Direction regarding Highway Service Centres that has been issued by the NSW State government.

 

Access arrangements to the Oxley and/or Pacific Highway will be a key issue in this case and Council staff will play a key role in negotiations with NSW Roads and Maritime Services. 

 

From a planning perspective, the site in question is a key gateway site at the main Highway entry to Port Macquarie and Wauchope.  It is also a key economic opportunity. 

 

Subject to submission of information necessary to support preparation of a Planning Proposal, it is recommended that Council include this matter in its strategic planning program. This matter will need to be reported back to Council before a decision is made to progress preparation of a Planning Proposal. 

 

Proposed residential zone – The Chimneys, Kew

 

A proposal has been received from GEM Planning projects to rezone land from rural to residential, to the south of land that is already zoned and being developed at Homedale Road in Kew.  The land, which is known locally as The Chimneys, has a community title approval issued in 2007.

 

The Chimneys proposal would significantly increase the already large supply of zoned residential land in the Camden Haven.  This is a significant strategic issue and it is therefore proposed to consider the status of this proposal in the review of the UGMS, prior to any decision to include the matter as a site-specific amendment.

 

 

Options

 

Council could opt to continue with investigations in relation to any of the matters that are recommended to be discontinued in this report.  Council could also opt to not include one or both of the new matters that are proposed to be included, as described in this report.

 

In order to maintain a focus on site specific matters that can be readily progressed to planning proposal stage and on matters that have strategic importance, it is recommended that Council discontinue three matters and include the two new matters, as detailed in this report.

 

Requests for site specific planning proposals