Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 17 July 2019

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

 


Ordinary Council Meeting

Wednesday 17 July 2019

 

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..................................................................................... 47

06           Mayoral Minute

07           Confidential Correspondence to Ordinary Council Meeting................................. 51

08           Public Forum - Matters Not On The Agenda...................................................... 52

09           Public Forum - Matters On The Agenda............................................................ 53

10           Leadership and Governance.......................................................................... 54

10.01..... Mayoral Discretionary Fund Allocations - 6 June to 3 July 2019............ 55

10.02..... 2019 Local Government NSW Annual Conference............................... 57

10.03..... Public Sector Women in Leadership Masterclass Report...................... 60

10.04..... Why Local Government Matters - Research Findings........................... 62

10.05..... 2019 Smart Cities Conference Report................................................. 69

10.06..... Release of IPART Reports into Rating & Compliance Matters............... 73

10.07..... Status of Reports From Council Resolutions........................................ 76

10.08..... Status of Council Policies................................................................... 81

10.09..... Request for Leave of Absence - Councillor Geoff Hawkins................... 85

10.10..... Disclosure of Interest Return.............................................................. 87

10.11..... Investments - June 2019.................................................................... 89

11           Your Community Life..................................................................................... 93

11.01..... Notice of Motion - Park & Ride Bus Service for Port Macquarie............ 94

11.02..... Recommended Items from the Mayor's Sporting Fund Sub-Committee - June 2019 ........................................................................................................ 95

11.03..... Port Macquarie Alcohol Free Zone Review and Extension 2019........... 96

11.04..... Port Macquarie Aquatic Facility - Site Selection ................................ 100

11.05..... Draft Flynns Beach Master Plan - Community Engagement................ 105

12           Your Business and Industry........................................................................ 111

12.01..... Policy Review - Commercial Activities on Council Managed Land ...... 112

13           Your Natural and Built Environment............................................................ 119

13.01..... Rescission Motion - Proposed Orbital Road Project........................... 120

13.02..... Notice of Motion - Petition for Second Entry/Exit to Crestwood Estate. 124

13.03..... Bold Street Laurieton Pedestrian Crossing........................................ 126

13.04..... North Brother Local Catchments Flood Study - Public Exhibition Submissions Report....................................................................................................... 140

13.05..... Planning Proposal - Airport Business Park......................................... 149

13.06..... Hibbard Precinct Flood Study - Public Exhibition Submissions Report. 174  

14           Items To Be Dealt With By Exception

15           Confidential Matters

Motion to move into Confidential Committee of the Whole................................ 183

15.01..... Review of Organisation Structure

15.02..... T-19-15 Sports Field Lighting Installation

15.03..... EOI-19-01 Independent Members of the Economic Development Steering Group

15.04..... T-19-23 Design - John Oxley Drive - Kingfisher Road to The Ruins Way

15.05..... T-19-46 Kendall Emergency Water Trunk Main

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      17/07/2019

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 June 2019 be confirmed.

 


MINUTES

Ordinary Council Meeting

                                                                                                                        19/06/2019

 

 

 

 

PRESENT

 

Members:

 

Councillor Peta Pinson (Mayor)

Councillor Lisa Intemann (Deputy Mayor)

Councillor Rob Turner

Councillor Michael Cusato (part of meeting)

Councillor Sharon Griffiths

Councillor Peter Alley

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Lee Dixon

 

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Director Corporate Performance (Rebecca Olsen)

Director Development and Environment (Melissa Watkins)

Acting Director Infrastructure (Jeffery Sharp)

Acting Director Strategy and Growth (Holly McBride)

Group Manager Governance and Procurement (Blair Hancock)

Governance Support Officer (Bronwyn Lyon)

Communications Manager (Andy Roberts)

 

 

 

 

The meeting opened at 5:30pm.

 

 

Live Streaming Announcement

The Mayor advised the following:

That this open meeting of Council is being streamed live to other areas of this Council building, being the Customer Service area and the Committee Room. The purpose of this streaming is to allow people who were unable to be seated in the Council Chamber to see what is taking place at the Council meeting. Please note that whilst this meeting is being streamed live to these areas, it is not being streamed live to the internet. All care will be taken to maintain your privacy; however if you are in attendance in the public gallery, you should be aware that your presence may be streamed live and recorded.  It is suggested that any persons being recorded should refrain from making any defamatory statements.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

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

 

02       LOCAL GOVERNMENT PRAYER

Reverend Scott Donnellan from the Presbyterian Church delivered the Local Government Prayer.

 

03       APOLOGIES

Nil.

 

Suspension of Standing Orders

 RESOLVED::  Pinson/Cusato

That Standing Orders be suspended to allow Item 10.01 to be brought forward and considered next.

carried:      9/0

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

Against:       Nil

 

 

10.01  Code of Meeting Practice

RESOLVED:  Griffiths/Alley

That Council:

1.       Pursuant to section 362 of the Local Government Act 1993, adopt the draft code as its Code of Meeting Practice.

2.       Pursuant to section 364 of the Local Government Act 1993, make the adopted Code of Meeting Practice publicly available.

carried:      9/0

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

Against:       Nil

 

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Intemann/Hawkins

That the Minutes of the Ordinary Council Meeting held on 15 May 2019 be confirmed.

carried:      9/0

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

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 15.09 - T-19-19 Request for Proposal - Innes Gardens Memorial Park Crematorium and Lawn Cemetery, the reason being that Councillor Levido is the principle of Levido Law and Property.  The Firm acts for one of the parties who lodged an expression of interest as to the matter the subject of the report before Council.

 

Councillor Cusato declared a Non-Pecuniary, Less Than Significant Interest in Item 15.08 - T-19-02 Lease of the Cafe and Retail Lease Areas and Other Commercial Opportunities at the Port Macquarie Airport, the reason being that Councillor Cusato owns a hangar at the Port Macquarie Airport.

 

Mayor Pinson declared a Pecuniary Interest in Item 15.04 - T-19-09 Supply and Delivery of Ready Mix Concrete, the reason being that Mayor Pinson’s company, Stabilcorp, operates in the field of civil construction and has business dealings with some of the tenders from time to time.

 

Mayor Pinson declared a Pecuniary Interest in Item 15.05 - T-19-10 Supply and Delivery of Road Construction Materials, the reason being that Mayor Pinson’s company, Stabilcorp, operates in the field of civil construction and has business dealings with some of the tenders from time to time.

 

 

06          Mayoral Minutes

Nil.

 

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

Nil.

 

 

08       PUBLIC FORUM – MATTERS NOT ON THE AGENDA

The Mayor advised of requests to speak in the Public Forum - Matters Not On The Agenda from:

1.      Mr Geoff Bynon regarding proposed off-leash dog facility and children’s playground at Stuart Park.

2.      Mr David Skeen regarding Stuart Park precinct upgrade.

3.      Ms Susan East regarding the Bold Street, Laurieton pedestrian crossing.

 

RESOLVED:  Dixon/Cusato

That the above requests to speak in the Public Forum - Matters Not On The Agenda be acceded to.

carried:      9/0

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

Against:       Nil

 

 

08.01     Proposed Off-Leash Dog Facility and Children's Playground at Stuart Park

Mr Geoff Bynon, representing residents of Wood Street, addressed Council in regard to the proposed off-leash dog facility and children’s playground at Stuart Park and answered questions from Councillors.

 

 

08.02     Stuart Park Precinct Upgrade

Mr David Skeen, representing residents of Wood Street, addressed Council in regard to the Stuart Park precinct upgrade and answered questions from Councillors.

 

 

08.03     Bold Street, Laurieton Pedestrian Crossing

Ms Susan East addressed Council in regard to the Bold Street, Laurieton pedestrian crossing and answered questions from Councillors.

 

 

09       PUBLIC FORUM – MATTERS ON THE AGENDA

The Mayor advised of requests to speak in the Public Forum - Matters On The Agenda from:

 

Item 10.04 - Ms Cara Dale in opposition of the recommendation.

Item 10.04 - Mr Stewart Cooper in support of the recommendation.

Item 10.04 - Ms Danielle Maltman in opposition of the recommendation.

Item 13.01 - Miss Peta Watters in opposition of the recommendation.

Item 13.01 - Mr Philip Lloyd in support of the recommendation.

Item 13.01 - Mr Terry Muldoon in opposition of the recommendation.

Item 13.01 - Ms Cara Dale in opposition of the recommendation.

Item 13.01 - Mr Grant Mitchell in opposition of the recommendation.

Item 13.01 - Mr Denis Lane in opposition of the recommendation.

Item 13.01 - Mr Graham Bray in opposition of the recommendation.

Item 13.01 - Mr Tony Thorne in opposition of the recommendation.

Item 13.01 - Mr Ken Monson in opposition of the recommendation.

Item 13.01 - Mr Daniel Bessell in opposition of the recommendation.

Item 13.06 - Ms Michelle Love in opposition of the recommendation.

Item 13.07 - Mr Michael Mowle in support of the recommendation.

Item 13.07 - Mr Tony Thorne in support of the recommendation.

Item 13.08 - Mr David Pensini in support of the recommendation.

Item 13.08 - Mr Wayne Ellis in support of the recommendation.

 

RESOLVED:  Pinson/Dixon

 

That Council:

1.    Allow 10 speakers on Item 13.01 in order for Council to hear a fuller range of views on these items of business.

2.    That the requests to speak in the Public Forum - Matters on the Agenda be acceded to.

carried:      9/0

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

Against:       Nil

 

Suspension of Standing Orders

 RESOLVED:  Dixon/Alley

That Standing Orders be suspended to allow Items 10.04, 13.01, 13.06, 13.07, 13.08 to be brought forward and considered next.

carried:      9/0

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

Against:       Nil

 

 

10.04  Integrated Planning and Reporting (IPR) Documents

 

Ms Cara Dale, C2Hills Consultancy, representing Revive Lake Cathie Inc., addressed Council in opposition of the recommendation and answered questions from Councillors.

 

Mr Stewart Cooper addressed Council in support of recommendation 3 and answered questions from Councillors.

 

Ms Danielle Maltman, President of Revive Lake Cathie Inc., addressed Council in opposition of the recommendation and in support of recommendation 3 and answered questions from Councillors.

 

MOTION

 

MOVED:  Pinson/Griffiths

That Council:

1.         Adopt the following Integrated Planning and Reporting (IPR) documents:

a)         Delivery Program 2017-2021 (Revised 2019); and

b)         Operational Plan 2019-2020

2.         Not opt into the new parking fine concession fee scheme.

3.         Undertake a review of the existing Lake Cathie Opening Strategy in         consultation with the National Parks and Wildlife Services (NPWS); the Office of Environment and Heritage (OEH); NSW Fisheries and Department of Industry (DPI - Lands); and the community including the Revive Lake Cathie community group.

4.         Note the 2019-2020 budget position of a $975,198 shortfall, which will be reported to Council monthly during the financial year.

5.         Should adequate savings to address the shortfall position not be achieved during the financial year that the shortfall be funded from the Strategic Priorities reserve.

6.         Enter into total borrowings of $1.5 million as outlined in the Financial Implications section of the report for playing fields at Wauchope.

7.         Request the General Manager:

a)         Investigate the feasibility of utilising some of the funding currently held in the Strategic Priorities Reserve for the purpose of:

                             i.        Advancing some of the initiatives as detailed in the Revive Lake Cathie Operational Plan submission.

                            ii.      The upgrading of Bril Bril Road.

                           iii.      Upgrading The Hatch Road.

                           iv.      Increasing Council’s budget for unsealed rural road maintenance.

                            v.       Upgrading of Lorne Road.

b)         Table a report at the September 2019 Council Meeting with the result of the investigations as detailed directly above in 7a).

 

 

 

 

AMENDMENT

MOVED:  Alley/Hawkins

 

That Council:

1.       Adopt the following Integrated Planning and Reporting (IPR) documents:

a)      Delivery Program 2017-2021 (Revised 2019); and

b)      Operational Plan 2019-2020

2.       Not opt into the new parking fine concession fee scheme.

3.       Undertake a review of the existing Lake Cathie Opening Strategy in         consultation with the National Parks and Wildlife Services (NPWS); the Office of Environment and Heritage (OEH); NSW Fisheries and Department of Industry (DPI - Lands); and the community including the Revive Lake Cathie community group.

4.       Note the 2019-2020 budget position of a $975,198 shortfall which will be reported to Council monthly during the financial year.

5.       Should adequate savings to address the shortfall position not be achieved during the financial year, that the shortfall be funded from the Strategic Priorities reserve.

6.       Enter into total borrowings of $1.5 million as outlined in the Financial Implications section of the report for playing fields at Wauchope.

 

THE AMENDMENT WAS PUT

 

MOVED:  Alley/Hawkins

 

That Council:

1.       Adopt the following Integrated Planning and Reporting (IPR) documents:

a)      Delivery Program 2017-2021 (Revised 2019); and

b)      Operational Plan 2019-2020

2.       Not opt into the new parking fine concession fee scheme.

3.       Undertake a review of the existing Lake Cathie Opening Strategy in         consultation with the National Parks and Wildlife Services (NPWS); the Office of Environment and Heritage (OEH); NSW Fisheries and Department of Industry (DPI - Lands); and the community including the Revive Lake Cathie community group.

4.       Note the 2019-2020 budget position of a $975,198 shortfall which will be reported to Council monthly during the financial year.

5.       Should adequate savings to address the shortfall position not be achieved during the financial year, that the shortfall be funded from the Strategic Priorities reserve.

6.       Enter into total borrowings of $1.5 million as outlined in the Financial Implications section of the report for playing fields at Wauchope.

carried:      8/1

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

Against:       Pinson

 

THE AMENDMENT BECAME THE MOTION AND WAS PUT

 

RESOLVED:  Alley/Hawkins

 

That Council:

1.       Adopt the following Integrated Planning and Reporting (IPR) documents:

a)      Delivery Program 2017-2021 (Revised 2019); and

b)      Operational Plan 2019-2020

2.       Not opt into the new parking fine concession fee scheme.

3.       Undertake a review of the existing Lake Cathie Opening Strategy in         consultation with the National Parks and Wildlife Services (NPWS); the Office of Environment and Heritage (OEH); NSW Fisheries and Department of Industry (DPI - Lands); and the community including the Revive Lake Cathie community group.

4.       Note the 2019-2020 budget position of a $975,198 shortfall which will be reported to Council monthly during the financial year.

5.       Should adequate savings to address the shortfall position not be achieved during the financial year, that the shortfall be funded from the Strategic Priorities reserve.

6.       Enter into total borrowings of $1.5 million as outlined in the Financial Implications section of the report for playing fields at Wauchope.

carried:      9/0

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

Against:       Nil

 

 

13.01  Proposed Orbital Road Project

Miss Peta Watters addressed Council in opposition of the recommendation.

Mr Philip Lloyd addressed Council in support of the recommendation.

Mr Terry Muldoon, St Columba Anglican School, addressed Council in opposition of the recommendation.

Ms Cara Dale, C2Hills Consultancy, representing St Columba Anglican School, addressed Council in opposition of the recommendation and answered questions from Councillors.

Mr Grant Mitchell, Port Macquarie Better Orbital Options Alliance, addressed Council in opposition of the recommendation and answered questions from Councillors.

Mr Denis Lane representing the Sanctuary Springs / Greenmeadows Action Group, addressed Council in opposition of the recommendation.

 

Councillor Dixon left the meeting, the time being 08:00pm.

Councillor Dixon returned to the meeting, the time being 08:03pm.

 

Mr Graham Bray addressed Council in opposition of the recommendation.

 

Councillor Cusato left the meeting, the time being 08:07pm.

 

 

 

 

Mr Tony Thorne, King and Campbell Pty Ltd, representing J Newton Constructions Pty Ltd, J & G Newton and St Agnes Care and Lifestyle Ltd addressed Council in opposition of the recommendation.

Mr Ken Monson representing the Hastings Birdwatchers, addressed Council in opposition of the recommendation.

Mr Daniel Bessell addressed Council in opposition of the recommendation.

 

MOTION

 

MOVED:    Levido/Turner

 

That Council:

1.       Note the strong community support, including published support from the State Member for Port Macquarie and Federal Member for Cowper, for the concept of an Orbital Road as an integral part of the future strategic transport network planning for Port Macquarie;

2.       Note the information provided in:

 a)     this Proposed Orbital Road Community Engagement Council report; and

 b)     the RPS Proposed Orbital Road Community Engagement Report being Attachment 1.

3.       Request the General Manager to proceed to the next stage of the proposed Orbital Road process, being the development of a Strategic Business Case, known as “Gate 1” (incorporating a Needs Confirmation Summary, known as “Gate 0”) as identified in the NSW Infrastructure Investment Assurance Framework.

4.       Note that the Strategic Business Case will take up to 24 months and will include both a review and assessment of (but will not be limited to):

a)      Findings to date (e.g. traffic network studies, Orbital Road Feasibility Study and recent community engagement);

b)      Investigation of alternate routes for an East-West link road (Ocean Drive to Oxley Highway) and a North-South link road (Oxley Highway to Boundary Street), including alternate upgrades to the existing road network assuming no alternate route crossing of the Lake Innes Nature Reserve;

c)       Planned traffic network improvements and upgrades to the existing road network, including Lake Road and Ocean Drive;

d)      Cost-benefit analysis of options to improve the traffic network;

e)      Project specific traffic studies;

f)       Environmental impact investigations (including heritage); and

g)      Social and economic impact investigations;

h)      Arrange value management workshops for the east-west link road options and north-south link road of the Orbital Road options to include Lake Road upgrade as an option to assist with ranking options on the basis of best value for the community, at a time determined by the General Manager within the strategic business case process.

5.       In proceeding with the Strategic Business Case, will engage and partner with relevant agencies including:

a)         Roads and Maritime Service (RMS)/Transport for NSW (TfNSW)

b)         NSW Office of Environment and Heritage (OEH)

c)         NSW National Parks and Wildlife Service (NPWS)

d)         NSW Department of Planning and Environment (DPE).

6.       Note the strategic importance of a flood-free Primary Airport Access Road, regardless of any other link roads, and request the General Manager to separate the flood-free Primary Airport Access Road from the proposed Orbital Road project (including that project’s Strategic Business Case) and to progress planning for a flood-free Primary Airport Access Road as a stand-alone priority, including consultation with RMS/TfNSW and the community.

7.       Request the General Manager to establish a Proposed Orbital Road Community Consultative Committee that will be guided by a Council-adopted Charter (yet to be determined), with membership of the Committee to be determined via a formal Expression of Interest process, ensuring that a broad cross-section of interests and expertise are represented on the Committee.

8.       Request the General Manager to develop a communications and engagement plan to cover the period of the development of the Strategic Business Case, as a way of keeping the community informed and engaged, including via the Community Consultative Committee, in a transparent and timely manner in relation to progress of the project.

9.       Request the General Manager to develop a plain English version of the Port Macquarie-Hastings Council Area Wide Traffic Study, which is then to be made available to the public via the Council web site.

10.     Request the General Manager to write to the State Member for Port Macquarie, Leslie Williams MP, seeking ongoing support for Port Macquarie-Hastings traffic network improvements and $400,000 in grant funding as a co-contribution towards the estimated $800,000 cost to develop the Strategic Business Case, with Council also to contribute $400,000.

11.     Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to the public, through appropriate communication channels, including Council’s web site.

12.     Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above such as TfNSW, OEH, NPWS, DPE and any others deemed applicable, as well as to the State Members of Parliament for Port Macquarie and Oxley and the Federal Members of Parliament for Cowper and Lyne.

13.     Thank the community for the feedback received during the engagement period in relation to the proposed Orbital Road and other traffic network improvements and request the General Manager advise those who made submissions of Council’s determination in this matter.

14.     Request the General Manager to table a report at the September 2019 Council meeting detailing progress on the resolutions of Council as they relate to this Proposed Orbital Road Community Engagement report and traffic network improvements generally.

 

 

 

 

 

 

 

 

 

 

AMENDMENT

 

MOVED:    Pinson/Griffiths

 

That Council:

1.         Note the information provided in:

a)         The proposed  Orbital Community Engagement Council report and;

b)         The RPS Proposed Orbital Road Community Engagement Report, Attachment 1.

2.         Thank the community for the extensive feedback received during the engagement period in relation to the proposed Orbital Road and request the General Manager advise those who made submissions of Council’s determination in this matter.

3.         Note that the community feedback supported the concept of an Orbital Road to alleviate traffic congestion but strongly oppose the current ‘preferred viable route’ within the investigation zone, specifically Greenmeadows to Oxley Highway and the Port Macquarie Airport Access Road, Fernhill Road intersection.

4.         Discontinue and abandon any current and future investigations within the Greenmeadows/Oxley Highway route and abandon the new Fernhill Road intersection as part of any future Port Macquarie Airport Access road to Boundary Street.

5.         Request the General Manager utilise previous Orbital Road concept plans, consultant reports, community engagement and survey reports as a learning tool for how Council undertakes any  future investigation zones.

6.         Request the General Manager proceed to the development of a Strategic Business Case using the framework of ‘Gates’ which are identified in the NSW Infrastructure Investment Assurance Framework.

7.         Note that the Strategic Business Case will include a review of, but not limited to;

a)         Findings to date following extensive community engagement

b)         Project specific traffic studies and the Port Macquarie-Hastings Council Area Wide Traffic Study

c)         Investigation of a minimum of three alternate routes for the crossing of Lake Innes Nature Reserve for the purposes of community feedback

d)         Environmental impact investigations with inclusion of the Koala Recovery Strategy

e)         Social and Economic impact investigations

f)          Planned road upgrades to the existing road network

g)         Identification of options for a strategic staged implementation of new road networks and linkages

h)         Engage and partner with;

·               Transport for NSW (Previously known as RMS)

·               Department Planning Industry and Environment (Previously known as OEH)

·               NSW National Parks and Wildlife Service

·               State Member for Port Macquarie Ms Leslie Williams

·               Federal Member for Cowper Mr Patrick Conaghan

i)          Arrange value management workshops for the east-west and north-south section of the Orbital Road to assist with ranking options on the basis of best value for money.

8.         Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to the public, through appropriate communication channels.

9.         Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above along with any other agencies deemed applicable, as well as the State Member for Port Macquarie and the Federal Member for Cowper.

10.      Request the General Manager to establish a Proposed Orbital Road Community Consultative Committee that will be guided by a Council adopted charter (to be formally determined), with membership of the Committee to be determined via a formal Expression of Interest process, ensuring that a broad cross-section of interests are represented on the Committee.

11.      Request the General Manager to develop  a communications and engagement plan to cover the period of the development of the Strategic Business Case, as a way of keeping the community informed, including via the Community Consultative Committee, to enable full transparency.

12.      Request the General Manager to develop a plain English version of the Port Macquarie-Hastings Council Area Wide Traffic Study, which is then to be made available to the public via the Council website.

13.      Request the General Manager to table a report at the September 2019 Council meeting detailing progress on the resolutions of Council as they relate to this Proposed Orbital Road Community Engagement report and recommendations.

 

THE AMENDMENT WAS PUT AND LOST

 

MOVED:    Pinson/Griffiths

 

That Council:

1.         Note the information provided in:

a)       The proposed  Orbital Community Engagement Council report and;

b)         The RPS Proposed Orbital Road Community Engagement Report, Attachment 1.

2.         Thank the community for the extensive feedback received during the engagement period in relation to the proposed Orbital Road and request the General Manager advise those who made submissions of Council’s determination in this matter.

3.         Note that the community feedback supported the concept of an Orbital Road to alleviate traffic congestion but strongly oppose the current ‘preferred viable route’ within the investigation zone, specifically Greenmeadows to Oxley Highway and the Port Macquarie Airport Access Road, Fernhill Road intersection.

4.         Discontinue and abandon any current and future investigations within the Greenmeadows/Oxley Highway route and abandon the new Fernhill Road intersection as part of any future Port Macquarie Airport Access road to Boundary Street.

5.         Request the General Manager utilise previous Orbital Road concept plans, consultant reports, community engagement and survey reports as a learning tool for how Council undertakes any  future investigation zones.

6.         Request the General Manager proceed to the development of a Strategic Business Case using the framework of ‘Gates’ which are identified in the NSW Infrastructure Investment Assurance Framework.

7.         Note that the Strategic Business Case will include a review of, but not limited to;

a)       Findings to date following extensive community engagement

b)         Project specific traffic studies and the Port Macquarie-Hastings Council Area Wide Traffic Study

c)         Investigation of a minimum of three alternate routes for the crossing of Lake Innes Nature Reserve for the purposes of community feedback

d)         Environmental impact investigations with inclusion of the Koala Recovery Strategy

e)         Social and Economic impact investigations

f)          Planned road upgrades to the existing road network

g)         Identification of options for a strategic staged implementation of new road networks and linkages

h)         Engage and partner with;

·               Transport for NSW (Previously known as RMS)

·               Department Planning Industry and Environment (Previously known as OEH)

·               NSW National Parks and Wildlife Service

·               State Member for Port Macquarie Ms Leslie Williams

·               Federal Member for Cowper Mr Patrick Conaghan

i)          Arrange value management workshops for the east-west and north-south section of the Orbital Road to assist with ranking options on the basis of best value for money.

8.         Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to the public, through appropriate communication channels.

9.         Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above along with any other agencies deemed applicable, as well as the State Member for Port Macquarie and the Federal Member for Cowper.

10.      Request the General Manager to establish a Proposed Orbital Road Community Consultative Committee that will be guided by a Council adopted charter (to be formally determined), with membership of the Committee to be determined via a formal Expression of Interest process, ensuring that a broad cross-section of interests are represented on the Committee.

11.      Request the General Manager to develop  a communications and engagement plan to cover the period of the development of the Strategic Business Case, as a way of keeping the community informed, including via the Community Consultative Committee, to enable full transparency.

12.      Request the General Manager to develop a plain English version of the Port Macquarie-Hastings Council Area Wide Traffic Study, which is then to be made available to the public via the Council website.

13.      Request the General Manager to table a report at the September 2019 Council meeting detailing progress on the resolutions of Council as they relate to this Proposed Orbital Road Community Engagement report and recommendations.

lost: 3/5

For:   Dixon, Griffiths and Pinson

Against:       Alley, Hawkins, Intemann, Levido and Turner

 

THE MOTION WAS PUT

 

RESOLVED:    Levido/Turner

 

That Council:

1.       Note the strong community support, including published support from the State Member for Port Macquarie and Federal Member for Cowper, for the concept of an Orbital Road as an integral part of the future strategic transport network planning for Port Macquarie;

2.       Note the information provided in:

 a)     this Proposed Orbital Road Community Engagement Council report; and

 b)     the RPS Proposed Orbital Road Community Engagement Report being Attachment 1.

3.       Request the General Manager to proceed to the next stage of the proposed Orbital Road process, being the development of a Strategic Business Case, known as “Gate 1” (incorporating a Needs Confirmation Summary, known as “Gate 0”) as identified in the NSW Infrastructure Investment Assurance Framework.

4.       Note that the Strategic Business Case will take up to 24 months and will include both a review and assessment of (but will not be limited to):

a)      Findings to date (e.g. traffic network studies, Orbital Road Feasibility Study and recent community engagement);

b)      Investigation of alternate routes for an East-West link road (Ocean Drive to Oxley Highway) and a North-South link road (Oxley Highway to Boundary Street), including alternate upgrades to the existing road network assuming no alternate route crossing of the Lake Innes Nature Reserve;

c)       Planned traffic network improvements and upgrades to the existing road network, including Lake Road and Ocean Drive;

d)      Cost-benefit analysis of options to improve the traffic network;

e)      Project specific traffic studies;

f)       Environmental impact investigations (including heritage); and

g)      Social and economic impact investigations;

h)      Arrange value management workshops for the east-west link road options and north-south link road of the Orbital Road options to include Lake Road upgrade as an option to assist with ranking options on the basis of best value for the community, at a time determined by the General Manager within the strategic business case process.

5.       In proceeding with the Strategic Business Case, will engage and partner with relevant agencies including:

a)         Roads and Maritime Service (RMS)/Transport for NSW (TfNSW)

b)         NSW Office of Environment and Heritage (OEH)

c)         NSW National Parks and Wildlife Service (NPWS)

d)         NSW Department of Planning and Environment (DPE).

6.       Note the strategic importance of a flood-free Primary Airport Access Road, regardless of any other link roads, and request the General Manager to separate the flood-free Primary Airport Access Road from the proposed Orbital Road project (including that project’s Strategic Business Case) and to progress planning for a flood-free Primary Airport Access Road as a stand-alone priority, including consultation with RMS/TfNSW and the community.

7.       Request the General Manager to establish a Proposed Orbital Road Community Consultative Committee that will be guided by a Council-adopted Charter (yet to be determined), with membership of the Committee to be determined via a formal Expression of Interest process, ensuring that a broad cross-section of interests and expertise are represented on the Committee.

8.       Request the General Manager to develop a communications and engagement plan to cover the period of the development of the Strategic Business Case, as a way of keeping the community informed and engaged, including via the Community Consultative Committee, in a transparent and timely manner in relation to progress of the project.

9.       Request the General Manager to develop a plain English version of the Port Macquarie-Hastings Council Area Wide Traffic Study, which is then to be made available to the public via the Council web site.

10.     Request the General Manager to write to the State Member for Port Macquarie, Leslie Williams MP, seeking ongoing support for Port Macquarie-Hastings traffic network improvements and $400,000 in grant funding as a co-contribution towards the estimated $800,000 cost to develop the Strategic Business Case, with Council also to contribute $400,000.

11.     Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to the public, through appropriate communication channels, including Council’s web site.

12.     Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above such as TfNSW, OEH, NPWS, DPE and any others deemed applicable, as well as to the State Members of Parliament for Port Macquarie and Oxley and the Federal Members of Parliament for Cowper and Lyne.

13.     Thank the community for the feedback received during the engagement period in relation to the proposed Orbital Road and other traffic network improvements and request the General Manager advise those who made submissions of Council’s determination in this matter.

14.     Request the General Manager to table a report at the September 2019 Council meeting detailing progress on the resolutions of Council as they relate to this Proposed Orbital Road Community Engagement report and traffic network improvements generally.

carried:      5/3

For:   Alley, Hawkins, Intemann, Levido and Turner

Against:       Dixon, Griffiths and Pinson

 

 

13.06  Planning Proposal Request PP2011 - 9.3:  The Ruins Way and South Blackwood, Port Macquarie

Councillor Alley left the meeting, the time being 9:21pm.

Councillor Hawkins left the meeting, the time being 9:21pm.

Councillor Alley returned to the meeting, the time being 9:21pm.

Councillor Hawkins returned to the meeting, the time being 9:21pm.

 

Ms Michelle Love, Love Project Management, representing the applicant, addressed Council in opposition of the recommendation.

 

RESOLVED:  Turner/Hawkins

 

That Council:

1.         Defer consideration of this item.

2.         Request the General Manager schedule a Councillor briefing on the proposal as soon as practical.

3.         Request the General Manager convene a meeting with the proponent and their representatives and relevant Council staff for the purpose of working towards potential modifications to the planning proposal that seek to achieve optimal outcomes for all parties, including protection of koala habitat under SEPP 44 and other positive environmental outcomes.

4.         Request the General Manager provide a report back to Council regarding the outcomes of this meeting and any amendments to the Planning Proposal, once Council staff are in a position to finalise this review.

carried:      8/0

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

Against:       Nil

 

 

Suspension of Standing Orders

 RESOLVED:  Pinson/Griffiths

That Standing Orders be suspended to allow Item 13.09 to be brought forward and considered after 13.07 and 13.08.

carried:      8/0

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

Against:       Ni

 

 

13.07  Post Exhibition Report - Highway Service Centre Planning Proposal, Draft Planning Agreement and Draft Highways Gateway Development Control Plan

Mr Michael Mowle, Hopkins Consultants Pty Ltd, representing the applicant, addressed Council in support of the recommendation and answered questions from Councillors.

Mr Tony Thorne, King and Campbell Pty Ltd, representing Mr and Mrs Hazenveld and Expressway Spares Pty Ltd, addressed Council in support of the recommendation.

 

RESOLVED:  Griffiths/Intemann

 

That Council:

1.       As delegate for the Minister for Planning, make the Local Environmental Plan to amend the provisions of the Port Macquarie-Hastings Local Environmental Plan 2011 to permit the following additional uses on Lot 11 DP 1029846, 1179 Oxley Highway, Sancrox:

a)      Highway Service Centre, including ancillary hotel or motel accommodation for heavy vehicle drivers, and

b)      Subdivision to excise the Highway Service Centre site from the balance of the land, despite the minimum lot size provisions, and

c)      A dwelling house on the residue, following excision of the Highway Service Centre site, despite the minimum lot size provisions, and

d)      Subdivision of the Highway Service Centre site following its construction, to create separate titles for individual tenancies despite the minimum lot size provisions.

2.       Delegate authority to the General Manager to enter into and execute the 1179 Oxley Highway, Sancrox Planning Agreement in connection with the Highway Service Centre Planning Proposal, on behalf of Council.

3.       Take the necessary steps under section 3.35 and 3.36 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan (Amendment No 53).

4.       Adopt the exhibited draft Highways Gateway Development Control Plan provisions as an amendment to part 4 of the Port Macquarie-Hastings Development Control Plan 2013 incorporating the changes referred to in this report, to commence on notification of the Local Environmental Plan in 1 above, on the NSW Legislation website.

5.       Within 28 days, publish a public notice of Council’s decision to adopt the Highways Gateway Development Control Plan provisions in accordance with Clause 21(2) of the Environmental Planning and Assessment Regulation 2000.

6.       Delegate authority to the Director Strategy and Growth to make any minor amendments to the Planning Proposal and draft Highways Gateway Development Control Plan provisions in finalising the matter.

7.       Notify all persons who lodged a submission of Council’s decision.

carried:      8/0

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

Against:       Nil

 

 

13.08  DA2018 - 353.1 Commercial Premises and Tourist and Visitor Accommodation with Clause 4.6 Variation to Clause 4.3 (Height of Buildings) and Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 123 DP 1219042, No. 17 Clarence Street, Port Macquarie

Mr David Pensini, David Pensini Building Certification and Environmental Services, representing the applicant, addressed Council in support of the recommendation.

Mr Wayne Ellis, Wayne Ellis Architects, representing the applicant, addressed Council in support of the recommendation.

 

RESOLVED:  Hawkins/Turner

That DA2018 - 353.1 for a commercial premises and tourist and visitor accommodation with clause 4.6 variation to clause 4.3 (Height of Buildings) and clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 123, DP 1219042, No. 17 Clarence Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

carried:      8/0

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

Against:       Nil

 

 

13.09  Kooloonbung Creek  Flying-Fox Camp Management Plan

RESOLVED:  Dixon/Griffiths

 

That Council:

1.       Adopt the Kooloonbung Creek Flying-fox Camp Management Plan (Attachment 1).

2.       Acknowledge the submissions made during the exhibition period and advise people who made submissions of the outcome of Council consideration of this matter.

3.       Acknowledge the contribution of the Kooloonbung Creek Flying-fox Camp Management Plan Consultative Committee in the development of the Management Plan and thank the members of the committee for their input.

carried:      8/0

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

Against:       Nil

 

 

Item 10.01 Code of Meeting Practice - has been moved to another part of the document.

 

 

10.02  Status of Reports From Council Resolutions

RESOLVED:  Intemann/Alley

 

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

carried:      8/0

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

Against:       Nil

 

 

10.03  Mayoral Discretionary Fund Allocations - 2 May to 5 June 2019

RESOLVED:  Pinson/Griffiths

 

That Council note the allocations from the Mayoral Discretionary Fund for the period 2 May to 5 June 2019 inclusive.

carried:      8/0

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

Against:       Nil

 

 

Item 10.04 Integrated Planning and Reporting (IPR) Documents  - has been moved to another part of the document.

 

 

10.05  Making of Rates and Charges for 2019/2020, Adoption of the Fees and Charges and Revenue Policy for 2019/2020

RESOLVED:  Hawkins/Griffiths

 

That Council:

1.       Make an Ordinary Rate – Residential, pursuant to Section 494 of the Local Government Act, for 2019/2020 of (0.28605 cents) in the dollar with a Base Amount of $598.80 for all rateable land in the Port Macquarie-Hastings LGA categorised as ‘Residential Defined Urban Centres”.   In accordance with Section 537 of the Act the percentage to be raised by the base amount will be 49.47%.

2.       Make an Ordinary Rate – Residential, pursuant to Section 494 of the Local Government Act, for 2019/2020 of (0.30300 cents) in the dollar with a Base Amount of $498.80 for all rateable land in the Port Macquarie-Hastings LGA categorised as ‘Residential Other”.  In accordance with Section 537 of the Act the percentage to be raised by the base amount will be 39.49%.

3.       Make an Ordinary Rate – Business, pursuant to Section 494 of the Local Government Act, for 2019/2020 of (0.60371 cents) in the dollar with a Base Amount of $598.80 for all rateable land in the Port Macquarie-Hastings LGA categorised as ‘Business Defined Urban Centres”.  In accordance with Section 537 of the Act the percentage to be raised by the base amount will be 20.28%.

4.       Make an Ordinary Rate – Business, pursuant to Section 494 of the Local Government Act, for 2019/2020 of (2.35042 cents) in the dollar with a Base Amount of $598.80 for all rateable land in the Port Macquarie-Hastings LGA categorised as ‘Business Port Macquarie CBD”.  In accordance with Section 537 of the Act the percentage to be raised by the base amount will be 5.20%.

5.       Make an Ordinary Rate – Business, pursuant to Section 494 of the Local Government Act, for 2019/2020 of (0.52490 cents) in the dollar with a Base Amount of $498.80 for all rateable land in the Port Macquarie-Hastings LGA categorised as ‘Business Other”.  In accordance with Section 537 of the Act the percentage to be raised by the base amount will be 30.51%.

6.       Make an Ordinary Rate – Farmland, pursuant to Section 494 of the Local Government Act, for 2019/2020 of (0.30327 cents) in the dollar with a Base Amount of $601.00 for all rateable land in the Port Macquarie-Hastings LGA categorised as ‘Farmland”.  In accordance with Section 537 of the Act the percentage to be raised by the base amount will be 29.75%.

7.       Make a Special Rate – Residential, pursuant to Section 495 of the Local Government Act, for 2019/2020 of (0.07114 cents) in the dollar for all rateable land within the Broadwater Special Rate area outlined in the attached rating maps.

8.       Make a Special Rate – Residential, pursuant to Section 495 of the Local Government Act, for 2019/2020 of (0.15850 cents) in the dollar for all rateable land within the Sanctuary Springs Special Rate area outlined in the attached rating maps.

9.       Make an Annual Charge for Waste Management Services – Domestic, pursuant to Section 496 of the Local Government Act, for 2019/2020 on all rateable land, categorised as Residential or Farmland, to which a domestic waste service is (or able to be) provided.  The Domestic Waste Annual Charge will be based on the type of service received:

 

Type of Service

Charge for 2019/20

Standard service – 240 litre fortnightly general waste

$447.00

Minimiser service – 140 litre fortnightly general waste

$392.00

Excess Service – 240 litre weekly general waste

$661.00

Half standard service – 240 litre fortnightly general waste (multi-unit dwellings only)

$246.00

Half excess service – 240 litre weekly general waste (multi-unit dwellings only)

$354.00

Half minimiser service  - 140 litre fortnightly general waste (multi-unit dwellings only)

$219.00

Half special weekly service (multi-unit dwellings only)

$300.00

Availability charge on vacant land

$77.00

Availability charge on land not receiving full charge (multi-unit dwellings only)

$139.00

Additional recycling service – 240 litre fortnightly

$65.00

Additional organics service – 240 litre weekly

$96.00

Additional weekly garbage service – 240 litre general waste

$347.00

Additional weekly garbage service – 140 litre general waste (multi-unit dwellings only)

$264.00

On application only special weekly service – 140 litre weekly general waste

$553.00

Minimum waste charge – single dwellings

$392.00

 

10.     Make an Annual Charge for Waste Management Services – Other, pursuant to Section 501 of the Local Government Act, for 2019/2020 on all rateable land, categorised as Business, to which a waste service is (or able to be) provided.  The Other Waste Annual Charge will be based on the type of service received:

 

Type of Service

Charge for 2019/20

Commercial weekly service – 140 litre general waste

$553.00

Commercial excess Service – 240 litre weekly general waste

$661.00

Commercial half weekly service – 140 litre fortnightly general waste (shared)

$300.00

Commercial half excess service – 240 litre weekly general waste (shared)

$354.00

Availability charge on vacant land – business properties

$77.00

Commercial availability charge on land not receiving full charge

$77.00

Commercial additional recycling service – 240 litre fortnightly

$65.00

Commercial additional organics service – 240 litre weekly

$96.00

Commercial additional weekly garbage service – 240 litre general waste

$347.00

Commercial additional weekly garbage service – 140 litre general waste

$264.00

Waste management access charge

$30.00

 

11.     Make an Annual Charge for Water Availability and a charge per kilolitre for Water Usage, pursuant to Section 501 and 502 of the Local Government Act, for 2019/2020 on all rateable land, to which a water service is (or able to be) provided.  The Water Annual Charge will be based on water meter size:

 

Size of water meter connection

Charge for 2019/20

20 mm including vacant properties and equivalent tenants

$198.00

25 mm

$315.00

32 mm

$527.00

40 mm

$829.00

50 mm

$1,306.00

80 mm

$3,356.00

100 mm

$5,248.00

150 mm

$11,832.00

200 mm

$21,039.00

Fire service – 50 mm

$653.00

Fire service – 80 mm

$1,678.00

Fire service – 100 mm

$2,624.00

Fire service – 150 mm

$5,916.00

Fire service – 200 mm

$10,519.50

Step 1 usage charges – per kilolitre

$3.06

Step 2 usage charges – per kilolitre

$6.12

 

12.     Make an Annual Charge for Sewer Availability, pursuant to Section 501 of the Local Government Act, for 2019/2020 on all rateable land, to which a sewer service is (or able to be) provided.  Make a usage charge for sewerage usage, pursuant to Section 502 of the Local Government Act, for 2019/2020 on Caravan Parks, Retirement Homes, Motels, Clubs, Hotels, Schools, Backpacker Hostels, Flats, Major Regional Shopping Centres.  The Sewer charges are as follows:

 

Service

Charge for 2019/20

Pressure Sewer

$852.70

Connected or available (excluding churches and halls)

$882.70

Non-rateable (other than churches & halls S555)

$702.70

Non-rateable (S556)

$882.70

Unconnected (S548a)

$566.50

Non-rateable (churches & halls S555)

$566.50

Usage Charge - per kilolitre

$1.32

 

13.     Make an Annual Charge for Reclaimed Water Availability, pursuant to Section 501 of the Local Government Act, for 2019/2020 on Port Macquarie urban area business/commercial/council facilities where a reclaimed water service is provided.  Make a usage charge for reclaimed water usage, pursuant to Section 502 of the Local Government Act, for 2019/2020 where a reclaimed water service is provided.  The reclaimed water annual charges are based on meter size:

 

Reclaimed Metre size

Charge for 2019/20

20 mm

$99.00

25 mm

$157.50

32 mm

$263.50

40 mm

$414.50

50 mm

$653.00

80 mm

$1,678.00

100 mm

$2,624.00

150 mm

$5,916.00

200 mm

$10,519.50

Usage Charge - per kilolitre

$1.53

 

14.     Make an Annual Charge for Stormwater Management Services, pursuant to Section 496A of the Local Government Act, for 2019/2020 on each parcel of rateable land for which the service is available.  The stormwater annual charges are as follows:

 

Service

Charge for 2019/20

Residential

$25.00

Residential - Strata

$12.50

Business - Strata

$12.50

Business – 0m2 to 350m2

$25.00

Business – 351m2 to 700m2

$50.00

Business – 701m2 to 1,000m2

$75.00

Business – 1,001m2 to 1,400m2

$100.00

Business – 1,401m2 to 1,750m2

$125.00

Business – 1,751m2 to 2,100m2

$150.00

Business – 2,101m2 to 2,450m2

$175.00

Business – 2,451m2 to 2,800m2

$200.00

Business – 2,801m2 to 3,200m2

$225.00

Business – 3,201m2 to 3,500m2

$250.00

Business – 3,501m2 to 3,850m2

$275.00

Business – 3,851m2 to 4,200m2

$300.00

Business – 4,201m2 to 4,600m2

$325.00

Business – 4,601m2 to 4,900m2

$350.00

Business – 4,901m2 to 5,200m2

$375.00

Business – 5,201m2 to 5,600m2

$400.00

Business – 5,601m2 to 5,950m2

$425.00

Business – 5,951m2 to 6,300m2

$450.00

Business – 6,301m2 to 6,600m2

$475.00

Business > 6,600m2

$500.00

 

15.     Make an Annual Charge for Onsite Effluent Services, pursuant to Section 501 of the Local Government Act, for 2019/2020 on each parcel of rateable land for which the service is provided.  The Onsite Effluent annual charge are based on the risk of the system:

 

System

Charge for 2019/20

Low risk system

$38.00

Medium risk system

$75.00

High risk system

$107.00

Small commercial

$214.00

Large commercial

$267.00

 

16.     Adopt the following Integrated Planning and Reporting (IPR) documents:

a)      Fees & Charges 2019-2020

b)      Revenue Policy 2019-2020

c)      Rating Maps 2019-2020

 

17.     Set the interest rate on overdue rates and charges at 7.5% from 1 July 2019 in accordance with the Office of Local Government directive.

carried:      8/0

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

Against:       Nil

 

 

10.06  Monthly Budget Review - May 2019

RESOLVED:  Griffiths/Hawkins

 

That Council:

1.       Adopt the adjustments in the “Budget Variations – May 2019” section of the Monthly Budget Review – May 2019.

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

carried:      8/0

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

Against:       Nil

 

 

10.07  Investments - May 2019

RESOLVED:  Hawkins/Griffiths

 

That Council note the Investment Report for the month of May 2019.

carried:      8/0

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

Against:       Nil

 

 

10.08  Classification of Lands to be Acquired by Council

RESOLVED:  Intemann/Hawkins

 

That Council:

1.       Classify Lot 4 Deposited Plan 1246722 (land situated at 31A Henry Street, Long Flat) as operational land;

2.       Classify Lot 2 Deposited Plan 39064 (land situated at 210 Hastings River Drive, Port Macquarie) as operational land.

carried:      8/0

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

Against:       Nil

 

 

10.09  Notice of Motion - Federal Election - Congratulations to Federal Members

RESOLVED:  Pinson/Griffiths

 

That Council:

1.      Congratulate Dr David Gillespie MP on his re-election as the Federal Member for Lyne.

2.      Congratulate Mr Patrick Conaghan on his election as the new Federal Member for Cowper.

3.      Thank and congratulate all candidates who stood for election in the Federal seats of Cowper and Lyne, for their participation in our democracy.

carried:      8/0

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

Against:       Nil

 

 

10.10  Notice of Motion - Emergency Services Levy Increase

RESOLVED:  Pinson/Alley

 

That Council:

1.       Notes that last December, the NSW Government enacted laws to provide better workers compensation coverage for firefighters who are diagnosed with one of twelve specific work-related cancers.

2.       Notes that in many areas of NSW, fire services are made up of elected and staff members of local government, and that local governments strongly support this expanded worker’s compensation scheme.

3.       Notes that as a result of these changes, the State Government has decided to implement the new scheme by charging local governments an increased Emergency Services Levy, without consultation.

4.       Notes that the expected increase in costs to local governments will be $19m in the first year alone, and that there is little or no time to enshrine this charge in Council’s 2019/2020 budgets.

5.       Notes that Local Government NSW has long advocated for the Emergency Services Levy to be significantly modified to ensure it is transparent, equitable and accountable.

6.       Supports Local Government NSW’s calls for:

a)    The NSW Government to cover the initial additional $19m increase to local governments for the first year and

b)    The NSW Government to work with NSW local governments to redesign the funding mechanism for the scheme to ensure fairness into the future.

7)    Requests that the General Manager liaise with Local Government NSW to provide information on:

i)     The impact on Council budgets and

ii)    Council advocacy actions undertaken.

8.       Requests that the General Manager write to the NSW Premier and NSW Interim Opposition Leader, NSW Minister for Customer Services, NSW Minister for Emergency Services, Minister for Local Government and Shadow Minister for Local Government, and local state members to:

a)    Call upon the NSW Government to fund the 12 months of this extra cost rather than requiring Councils to find the funds at short notice when budgets have already been allocated.

b)    Explain how this sudden increase will impact Council services / the local community.

c)    Highlight that Councils were not warned of the increased cost until May 2019, despite the new laws being passed in November 2018

d)    Explain that the poor planning and implementation of the increase is inconsistent with the Government’s commitment to work in partnership with the sector.

e)    Ask the NSW Government to work with local government to redesign the implementation of the scheme to ensure it is fairer for Councils and communities into the future.

f)     Copy the above letter to Local Government NSW.

carried:      8/0

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

Against:       Nil

 

 

11.01  Notice of Motion - Port Macquarie Police Station Site

MOTION

MOVED:  Turner/Hawkins

 

That Council:

1.       Note that planning is underway by the NSW Government for a new Police Station and facilities in Port Macquarie.

2.       Recognise that the current Police Station site, including the historic Police Constable’s cottage and lock-up, is a community heritage asset of high significance that contributes to the cultural, heritage, and educational enhancement of the Port Macquarie CBD.

3.       Note that there is strong community support to retain the current Police Station and historic Police Constable’s cottage in community ownership once a new Police Station has been commissioned.

4.       Request the General Manager give consideration to requesting Council’s heritage consultant to prepare a heritage management plan for the Police Station and the historic Police Constable’s cottage during the 2019-2020 financial year.

5.       Write to the Member for Port Macquarie and the Member for Cowper to request their support for the retention of the Police Station and historic Police Constable’s cottage in community ownership.

6.       Consider applying for any potential grant funding from other levels of Government to facilitate the retention of this important community asset.

 

 

 

 

 

AMENDMENT

 

MOVED:  Pinson/Griffiths

 

That Council:

1.         Request the General Manager write to the Member for Port Macquarie, Ms Leslie Williams, requesting an update on the commitment for a new Police Station in Port Macquarie along with the NSW Government’s plans for the current site at 2 Hay Street Port Macquarie.

2.         Request the General Manager to bring back a report to the July 2019 Ordinary Council Meeting for further consideration.

 

THE AMENDMENT WAS PUT AND LOST

 

MOVED:  Pinson/Griffiths

 

That Council:

1.         Request the General Manager write to the Member for Port Macquarie, Ms Leslie Williams, requesting an update on the commitment for a new Police Station in Port Macquarie along with the NSW Government’s plans for the current site at 2 Hay Street Port Macquarie.

2.         Request the General Manager to bring back a report to the July 2019 Ordinary Council Meeting for further consideration.

lost: 2/6

For:   Griffiths and Pinson

Against:       Alley, Dixon, Hawkins, Intemann, Levido and Turner

 

 

THE MOTION WAS PUT

RESOLVED:  Turner/Hawkins

 

That Council:

1.       Note that planning is underway by the NSW Government for a new Police Station and facilities in Port Macquarie.

2.       Recognise that the current Police Station site, including the historic Police Constable’s cottage and lock-up, is a community heritage asset of high significance that contributes to the cultural, heritage, and educational enhancement of the Port Macquarie CBD.

3.       Note that there is strong community support to retain the current Police Station and historic Police Constable’s cottage in community ownership once a new Police Station has been commissioned.

4.       Request the General Manager give consideration to requesting Council’s heritage consultant to prepare a heritage management plan for the Police Station and the historic Police Constable’s cottage during the 2019-2020 financial year.

5.       Write to the Member for Port Macquarie and the Member for Cowper to request their support for the retention of the Police Station and historic Police Constable’s cottage in community ownership.

6.       Consider applying for any potential grant funding from other levels of government to facilitate the retention of this important community asset.

carried:      7/1

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

Against:       Pinson

 

 

Extension of Time

 resolved:  Pinson/Griffiths

 

That, as per Clause 18.2 of the adopted Code of Meeting Practice, Council extend the time of this meeting to 11:00pm.

carried:      8/0

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

Against:       Nil

 

 

11.02  Recommended Item from Local Traffic Committee - 2019 Seaview Cycling Classic

RESOLVED:  Intemann/Dixon

 

That Council approve the 2019 Seaview Cycling Classic subject to Police and Roads & Maritime Services concurrence of the revised Traffic Management Plan and dates.

carried:      8/0

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

Against:       Nil

 

 

11.03  Laurieton Sports Complex Master Plan

RESOLVED:  Alley/Dixon

 

That Council:

1.       Note the information contained within the Laurieton Sports Complex Master Plan Report;

2.       Note that the development of the Master Plan was based on targeted stakeholder/user group engagement and will not be placed on formal public exhibition; and

3.       Adopt the Laurieton Sports Complex Master Plan (Attachment 1) for implementation.

carried:      8/0

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

Against:       Nil

 

 

12.01  Road Closure and Sale of Land - Main Street, Ellenborough

RESOLVED:  Griffiths/Hawkins

 

That Council:

1.       Proceed with the closure of that part of Main Street, Ellenborough adjacent to House Number 6, being the areas depicted as (A) and (B) in the survey plan prepared by Frank O’Rourke & Associates dated March 2019 Job Reference 10598;

2.       Pursuant to Sections 38B and 38E of the Roads Act 1993, in the Notice of Road Closure, vest the land within the closed road in Council ownership as “operational land”;

3.       Following completion of the road closure process, sell the land within the closed road referred to in Resolution 1 above to the owner of 6 Main Street Ellenborough, E Delaforce, at a value to be determined by Council’s Consulting Valuer;

4.       Reaffirm that all costs associated with the road closure and sale are the sole responsibility of the owner of 6 Main Street, Ellenborough;

5.       Pursuant to Section 377 of the Local Government Act 1993 delegate authority to the General Manager to sign:

a)      Plan of road closure;

b)      Electronically or otherwise, all documents including but not limited to any authorisation form associated with the land sale as required in accordance with the Electronic Transactions Act 2000.

carried:      8/0

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

Against:       Nil

 

 

Item 13.01 Proposed Orbital Road Project  - has been moved to another part of the document.

 

 

13.02  Land Acquisition - Corner of Lake Road & Blackbutt Road, Port Macquarie

RESOLVED:  Intemann/Alley

 

That Council:

1.       Pay compensation in the amount of $13,156.00 (GST Exclusive) to the Owners Corporation of Strata Plan 98553 for the acquisition of part of the Common Property of Strata Plan 98553 more particularly described as Lot 1 in Plan of Acquisition Deposited Plan 1230034 being land situated at 146 Lake Road, Port Macquarie;

2.       Pursuant to Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991, pay the Owners Corporation of Strata Plan 98553 reasonably incurred legal and financial costs associated with the acquisition;

3.       Pursuant to Section 377 of the Local Government Act 1993, delegate authority to the General Manager to execute, electronically or otherwise, all documents including, but not limited to, any authorisation form as required associated with the acquisition in accordance with the Electronic Transactions Act 2000;

4.       Pursuant to Section 10 of the Roads Act 1993, on the acquisition of Lot 1 Deposited Plan 1230034, dedicate the land as a public road.

carried:      8/0

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

Against:       Nil

 

 

13.03  Land Acquisition and Road Closure Being part Thone River Road, Byabarra

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Proceed to acquire that part of Lot 12 Deposited Plan 136647 of sufficient length and width to enable a public road to be created over the existing Thone River Road track in use at its intersection with Comboyne Road;

2.       Subject to Resolution 1 above, pursuant to Section 10 of the Roads Act 1993, on completion of the proposed acquisition, dedicate the acquired land as a public road;

3.       Subject to Resolutions 1 and 2 above, proceed with the closure of that part of Thone River Road, enclosed by the blue dashed line in the attachment to this report titled “Proposed Road to be Closed”;

4.       Pursuant to Sections 38B and 38E of the Roads Act 1993, in the Notice of Road Closure, vest the land within the closed road in Council ownership as “operational land”;

5.       Pursuant to Section 44 of the Roads Act 1993, provide the land within the closed road referred to in Resolution 3 above, to the owner of Lot 12 Deposited Plan 136647, as compensation for the land acquired from Lot 12 Deposited Plan 136647;

6.       Complete the land acquisition and road dedication processes referred to in Resolutions 1 and 2 above, either prior to, or at the same time, as the closure of that part of Thone River Road referred to in Resolution 3 above;

7.       Pursuant to Section 377 of the Local Government Act 1993 delegate authority to the General Manager to sign:

a)        Plan of road closure and Section 88B Instrument;

b)        Electronically or otherwise all documents including but not limited to any authorisation form as required in accordance with the Electronic Transactions Act 2000.

carried:      8/0

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

Against:       Nil

 

 

13.04  Land Acquisitions - Wingham Road and Main Street, Comboyne

RESOLVED:  Griffiths/Alley

 

That Council:

1.       Pay compensation in the amount of $29,132.00 (GST Exclusive) to the owner of Lot 1 Section 1 Deposited Plan 8802, N Matthews, for the acquisition of part Lot 1 Section 1 Deposited Plan 8802 more particularly described as Lot 1 in Plan of Acquisition Deposited Plan 852232;

2.       Pay compensation in the amount of $9,955.00 (GST Exclusive) to the owner of Lot 2 Deposited Plan 205711, P Newman, for the acquisition of part of Lot 2 Deposited Plan 205711 more particularly described as Lot 2 in Plan of Acquisition Deposited Plan 852232;

3.       Pursuant to Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991 pay the legal costs reasonably incurred by the landowners associated with the acquisitions;

4.       Pursuant to Section 377 of the Local Government Act 1993, delegate authority to the General Manager to execute, electronically or otherwise, all documents including, but not limited to, any authorisation form as required associated with the acquisition in accordance with the Electronic Transactions Act 2000;

5.       Pursuant to Section 10 of the Roads Act 1993, on the acquisition of Lots 1 and 2 Deposited Plan 852232, dedicate the land as a public road.

carried:      8/0

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

Against:       Nil

 

13.05  Creation of Easements for Water Supply - John Oxley Drive, Thrumster

RESOLVED:  Intemann/Hawkins

 

That Council:

1.       Pay compensation in the amount of $82,260.00 (GST Exclusive) to the owner of Lots 1, 2 and 3 Deposited Plan 1250669, S.Z.C.J.S.E. Pty Ltd, for the creation of easements for water supply 4 metres wide and 12 metres wide shown as (J) and (H) respectively in Deposited Plan 1250669;

2.       Pursuant to Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991, pay the landowner’s reasonably incurred valuation and legal fees associated with the creation of the easements;

3.       Pursuant to Section 377 of the Local Government Act 1993, delegate authority to the General Manager to execute, electronically or otherwise, all documents including, but not limited to, any authorisation form as required associated with the easement creation in accordance with the Electronic Transactions Act 2000.

carried:      8/0

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

Against:       Nil

 

 

Item 13.06 Planning Proposal Request PP2011 - 9.3:  The Ruins Way and South Blackwood, Port Macquarie - has been moved to another part of the document.

 

 

Item 13.07 Post Exhibition Report - Highway Service Centre Planning Proposal, Draft Planning Agreement and Draft Highways Gateway Development Control Plan  - has been moved to another part of the document.

 

 

Item 13.08 DA2018 - 353.1 Commercial Premises and Tourist and Visitor Accommodation with Clause 4.6 Variation to Clause 4.3 (Height of Buildings) and Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 123 DP 1219 - has been moved to another part of the document.

 

 

Item 13.09 Kooloonbung Creek  Flying-Fox Camp Management Plan - has been moved to another part of the document.

 

 

13.10  Biodiversity Strategy: Report Following Close of Public Exhibition Phase

RESOLVED:  Griffiths/Alley

 

That Council:

1.       Adopt the revised Biodiversity Management Strategy and mapping (Attachment 1) as detailed in this report for the purpose of further public consultation for a period of not less than 28 days commencing 27 June 2019.

2.       Provide a further report to Council following the conclusion of the public exhibition.

carried:      8/0

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

Against:       Nil

 

 

14       ITEMS TO BE DEALT WITH BY EXCEPTION

 

Nil.

 

 

 

 

 

 

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Intemann/Dixon

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

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

Item 15.01    Request for Bad Debt Write-Off

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

Item 15.02    Workers Compensation Insurance Premiums

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

Item 15.03    Purchase by Property Reserve

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

Item 15.04    T-19-09 Supply and Delivery of Ready Mix Concrete

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

Item 15.05    T-19-10 Supply and Delivery of Road Construction Materials

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

Item 15.06    T-19-18 Provision of Insurance, Brokerage and Risk Management Services

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

 

Item 15.07    T-19-22 Cash Collection Services

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

Item 15.08    T-19-02 Lease of the Cafe and Retail Lease Areas and Other Commercial Opportunities at the Port Macquarie Airport

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

Item 15.09    T-19-19 Request for Proposal - Innes Gardens Memorial Park Crematorium and Lawn Cemetery

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

Item 15.10    T-14-06 Operation & Routine Maintenance of PMHC Vehicular Ferries – Settlement Point & Hibbard Crossings.

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

Item 15.11    T-19-20 Provision of Line Marking Services

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

Item 15.12    T-19-39 Dunbogan Bridge Rehabilitation - Construction Stage Support

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

Item 15.13    Legal Advice on Water Fluoridation

                          This item is considered confidential under Section 10A(2)(g) of the Local Government Act 1993, as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

Item 15.14    Land Acquisition - Hastings Regional Sport Complex, Wauchope

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

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

carried:      8/0

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

Against:       Nil

 

 

 

Adjourn meeting

The Ordinary Council Meeting adjourned at 10:20pm.

 

 

 

Resume meeting

The Ordinary Council Meeting resumed at 10:59pm.

 

 


 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Griffiths/Dixon

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

carried:      8/0

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

Against:       Nil

 

Item 15.01    Request for Bad Debt Write-Off

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

                     RESOLVED

That Council write off the account outlined in the Request for Bad Debt Write-off report as “bad debts not recoverable”. 

carried:      8/0

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

Against:    Nil

 

Item 15.02    Workers Compensation Insurance Premiums

                     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.

                     RESOLVED

That Council:

1.       In accordance with Section 55(3)(i) of the Local Government Act, 1993, due to the unavailability of competitive or reliable Tenderers, as described in this report, resolves not to call public tenders for the Workers Compensation insurance.

2.       Delegate authority to the General Manager to enter into an agreement with StateCover Mutual for the provision of Workers Compensation insurance for the 2019/20 financial year.

3.       Maintain the confidentiality in respect of the Workers Compensation premiums.

carried:      8/0

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

Against:    Nil

 

 

 

Item 15.03    Purchase by Property Reserve

                     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.

                     RESOLVED

That Council:

1.       Submit an Expression of Interest within the adopted value range nominated by Council’s Consulting Valuer for the purchase of Lot 4 Strata Plan 85897 (Unit 4/75-77 Clarence St, Port Macquarie).

2.       Subject to the outcome of resolution 1 above, delegate to the General Manager authority to:

a)      Sign the Contracts for Sale.

b)      Sign the letters to Revenue NSW seeking an exemption from the payment of Stamp Duty.

c)       Sign the Revenue NSW Purchaser Declaration Forms.

d)      Sign the Land Registry Services Transfer Forms.

e)      Sign any of the above or additional forms, either by hand or electronically, that may be required with the introduction of e-conveyancing from 1 July 2018.

3.       Utilise Council’s Property Reserve to complete this acquisition should Council’s offer be accepted.

4.       On completion of the purchase of Lot 4 Strata Plan 85897 (Unit 4/75-77 Clarence St, Port Macquarie), pursuant to Section 34 of the Local Government Act 1993, commence the process to classify Lot 4 Strata Plan 85897 as “operational” land by placing on exhibition for minimum of 28 days the proposed resolution “it is intended to Lot 4 Strata Plan 85897 (Unit 4/75-77 Clarence St, Port Macquarie) as operational land.”

5.       Note that a further report will be tabled to Council detailing any submissions received from the public during the exhibition period.

lost: 2/6

For:   Alley and Levido

Against:    Dixon, Griffiths, Hawkins, Intemann, Pinson and Turner

 

Item 15.04    T-19-09 Supply and Delivery of Ready Mix Concrete

                     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.

                     RESOLVED

That Council:

1.       In accordance with the Local Government (General) Regulations 2005 clause 178(1)(b), decline to accept any of the proposals submitted for    T-19-09 for the Supply and Delivery of Ready Mix Concrete due to the reason that there was not a sufficient number of conforming tenders to form a competitive panel arrangement.

2.       In accordance with the Local Government (General) Regulations 2005 clauses 178(3)(e) and 178(4), decline to invite fresh tenders and enter into negotiations with the following companies:

·         Boral Resources (Country) Pty Ltd;

·         Hanson Construction Materials Pty Ltd;

·         Holcim (Australia) Pty Ltd; and

·         Hurd Haulage t/as Hy-Tec Concrete & Aggregates.

          who expressed an interest in T-19-09 for the Supply and Delivery of Ready Mix Concrete with a view of appointing tenderers that offer Council value for money to the panel arrangement.

4.       Request the General Manager to present a further report to a future meeting of Council on completion of the negotiation process, for Council’s further consideration of T-19-09 and acceptance of the proposed panel arrangement.

5.       Maintain the confidentiality of the documents and considerations in respect of T-19-09.

carried:      7/0

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

Against:    Nil

Item 15.05    T-19-10 Supply and Delivery of Road Construction Materials

                     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.

                     RESOLVED

That Council:

1.       In accordance with the Local Government (General) Regulations 2005 clause 178(1)(b), decline to accept any of the proposals submitted for
T-19-10 for the Supply and Delivery of Road Construction Materials due to the reason that there was not a sufficient number of conforming tenders to form a competitive panel arrangement.

2.       In accordance with the Local Government (General) Regulations 2005 clauses 178(3)(e) and 178(4), decline to invite fresh tenders and enter into negotiations with the following companies;

·         Boral Resources (Country) Pty Ltd;

·         Hanson Construction Materials Pty Ltd;

·         Holcim (Australia) Pty Ltd;

·         Hurd Haulage t/as Hy-Tec Concrete & Aggregates; and

·         Pacific Blue Metal Pty Ltd.

          who expressed an interest in T-19-10 for the Supply and Delivery of Road Construction Materials with a view of appointing tenderers that offer Council value for money to the panel arrangement.

4.       Request the General Manager present a further report to a future meeting of Council on completion of the negotiation process, for Council’s further consideration of T-19-10 and acceptance of the proposed panel arrangement.

5.       Maintain the confidentiality of the documents and considerations in respect of T-19-10.

carried:      7/0

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

Against:    Nil

 

Item 15.06    T-19-18 Provision of Insurance, Brokerage and Risk Management Services

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

                     RESOLVED

That Council:

1.       Accept the revised tender from Jardine Lloyd Thompson Pty Ltd for the provision of Insurance Brokerage and Risk Management Services with a view of entering into a three (3) year contract with an initial 12-month review period subject to Council’s satisfaction with the performance of Jardine Lloyd Thompson Pty Ltd, at the time of Council's receipt of renewal prices.

2.       Undertake a review of insurance coverage and associated services during this period.

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

4.       Maintain the confidentiality of the documents and considerations in respect of Tender T-19-18.

carried:      7/0

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

Against:    Nil

 

Item 15.07    T-19-22 Cash Collection Services

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

                     RESOLVED

That Council:

1.       Accept the tender from PM Securities Pty LTD t/as Phoenix Security Solutions - Mid North Coast for the provision of Cash Collection Services, for a three-year period commencing 1 July 2019, with two options to extend for a further one-year period, such options to be for the benefit of the Council and may be exercised only by the Council in its sole discretion.

2.       Accept the Schedule of Rates from PM Securities Pty Ltd t/as Phoenix Security Solutions - Mid North Coast for the Provision of Cash Collection Services.

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

4.       Maintain the confidentiality of the documents and considerations in respect of Tender T-19-22.

carried:      7/0

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

Against:    Nil

 

 

Item 15.08    T-19-02 Lease of the Cafe and Retail Lease Areas and Other Commercial Opportunities at the Port Macquarie Airport

                     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.

                     RESOLVED

That Council:

1.       Accept the revised proposal from Martbarr Pty Ltd as outlined in this RFP T-19-02 Lease of the Café and Retail Lease Areas and Other Commercial Opportunities at the Port Macquarie Airport report.

2.       Delegate authority to the General Manager to enter into a lease with Martbarr Pty Ltd for the provision of food, beverage and associated retail services from the café area at the Port Macquarie Airport terminal building, for an initial term of three (3) years commencing on 26 June 2019 and ending on 25 June 2022, with two (2) consecutive options to renew each for a further term of three (3) years which are exercisable by the lessee in accordance with the terms of the lease and subject to satisfactory performance by the lessee in accordance with the terms of the lease.

3.       Maintain the confidentiality of the documents and considerations in respect of RFP T-19-02.

carried:      7/0

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

Against:    Nil

 

Item 15.09    T-19-19 Request for Proposal - Innes Gardens Memorial Park Crematorium and Lawn Cemetery

                     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.

                     RESOLVED

That Council:

1.       Decline to accept any of the proposals submitted in respect of RFP No: T-19-19 Innes Gardens Memorial Park Crematorium and Lawn Cemetery.

2.       Maintain the confidentiality of the documents and considerations in respect of RFP No: T-19-19.

3.       Enter into negotiations with all organisations that registered an interest or submitted a proposal and attended the RFP T-19-19 site inspections, with a view to entering into a contract or other arrangement in relation to the Innes Gardens Memorial Park Crematorium and Lawn Cemetery.

4.       Request the General Manager ensure that the negotiations referred to in Resolution 3 above, include (though not limited to):

a)      a binding commitment to ensure that Innes Gardens Memorial Park continues to provide crematorium, lawn cemetery and memorialisation services to the community, consistent with the existing land use zoning and property covenant restrictions.

b)      a binding commitment to ensure the perpetual care, protection and management of existing interments and inurnments at the facility, in accordance with the Cemeteries and Crematoria Act 2013.

c)       a commitment to capital improvement works proposed to the facility to improve the delivery of crematorium, lawn cemetery and memorialisation services to the community.

d)      further investigation regarding the ongoing protection and retention of the existing koala habitat on the site.

5.       In parallel with the negotiations referred to in Resolutions 3 and 4 above, request the General Manager prepare and publish further information to the community regarding Council’s current consideration of the crematorium, lawn cemetery and memorialisation services provided at Innes Gardens Memorial Park Crematorium and Lawn Cemetery, such information to include a range of frequently asked questions, and be made available via Council’s “Have Your Say” online community engagement hub for a minimum period of 28 days commencing 1 July 2019.

6.       Request the General Manager present a further report to the August 2019 Council Meeting, providing details of the negotiations undertaken and community feedback received for Council’s further consideration of Innes Gardens Memorial Park Crematorium and Lawn Cemetery.

7.       Acknowledge the recent interest from Tender Funerals Working Party (after the closing date for RFP No: T-19-19) and the advice received by Council in relation to the integrity of the process and further note that whilst the Tender Funerals Working Party are not one of the organisations referred to in 3 above, this does not preclude the Tender Funerals Working Party from establishing a low cost funeral service in the local government area.

carried:      4/3

For:   Dixon, Hawkins, Intemann and Turner

Against:       Alley, Griffiths and Pinson

 

Item 15.10    T-14-06 Operation & Routine Maintenance of PMHC Vehicular Ferries – Settlement Point & Hibbard Crossings.

                     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.

                     RESOLVED

That Council:

1.       Note the negotiated rates/fees and contract conditions for the contract variation/extension for T-14-06 for the Operation and Routine Maintenance of PMHC Vehicular Ferries - Settlement Point & Hibbard Crossings with Ferrymen (Port Macquarie) Pty Limited.

2.       Maintain the confidentiality of the documents and consideration in respect to Contract Number T-14-06.

carried:      8/0

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

Against:    Nil

 

Item 15.11    T-19-20 Provision of Line Marking Services

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

                     RESOLVED

That Council:

1.       Accept the tenders from the following suppliers to be appointed to a panel of suppliers for T-19-20 Provision of Line Marking Services for the period 1 July 2019 to 30 June 2022.

·         Complete Line Marking Services Pty Ltd.

·         Jenalad Pty Ltd t/as Whiteline Road Services.

·         Oz Linemarking NSW Pty Ltd.

·         Work-force Road Services Pty Ltd.

          with the option of one 12-month extension period, such option to be for the benefit of Council and may be exercised only by the Council in its sole discretion.

2.       Accept the Schedule of Rates from the following suppliers for Line Marking Services:

·         Complete Line Marking Services Pty Ltd.

·         Jenalad Pty Ltd t/as Whiteline Road Services.

·         Oz Linemarking NSW Pty Ltd.

·         Work-force Road Services Pty Ltd.

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

4.       Maintain the confidentiality of the documents and considerations in respect of Tender T-19-20 (T531920MNC).

carried:      8/0

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

Against:    Nil

 

Item 15.12    T-19-39 Dunbogan Bridge Rehabilitation - Construction Stage Support

                     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.

                     RESOLVED

That Council:

1.       In accordance with Section 55(3)(i) of the Local Government Act, 1993, due to the extenuating circumstances, as described in this report, resolve not to call public tenders for the Dunbogan Bridge Rehabilitation Construction Stage Support.

2.       Accept the Schedule of Rates from Focus Bridge Engineering Pty Ltd for the Dunbogan Bridge Rehabilitation Construction Stage Support.

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

4.       Maintain the confidentiality of the documents and considerations in respect of the Dunbogan Bridge Rehabilitation Construction Stage Support and Focus Bridge Engineering Pty Ltd engagement.

carried:      8/0

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

Against:    Nil

 

Item 15.13    Legal Advice on Water Fluoridation

                     This item is considered confidential under Section 10A(2)(g) of the Local Government Act 1993, as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

                     RESOLVED

That Council:

1.         Note the report and the attached legal advice on water fluoridation dated 17 April 2019.

2.         Request the General Manager instruct Lindsay Taylor Lawyers to write to the Therapeutic Goods Administration (TGA) outlining Council’s situation, attaching the recently received and above-mentioned legal advice and requesting:

a)         Full details of what is involved in securing a license/registration for the manufacture, presentation and supply of an orally-consumed therapeutic good, including issues such as toxicological studies etc.

b)         That if different to the request made in 2 a) above, details of what would be involved for licensing/registration of reticulated fluoridated drinking water for manufacture, presentation and supply,

requesting a substantive reply from TGA by 31 July 2019.

3.         Request the General Manager write to NSW Health, outlining Council’s situation, attaching the above-mentioned legal advice and letter to the TGA and requesting NSW Health’s opinion on the issues raised, by 31 July 2019.

4.         Request the General Manager provide a copy of the above-mentioned letters and legal advice to the relevant State and Federal Health Ministers, and the local State and Federal members of Parliament.

5.         Request the General Manager write to the Presidents of Local Government NSW (LGNSW) and the Australian Local Government Association (ALGA) (attaching the legal advice and the above-mentioned letters to NSW Health and the TGA), requesting that they raise this issue of significant public interest promptly with their respective Boards and subsequently their members, with a view to their associations forming a position on this issue so that they can advocate for and on behalf of Council with regard to the constitutionality or otherwise of reticulated water fluoridation.

6.         Make public the above-mentioned legal advice, including on Council’s website.

7.         Authorise the General Manager to obtain further legal advice as necessary and to keep Councillors informed of such advice.

carried:      8/0

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

Against:    Nil

 

Item 15.14    Land Acquisition - Hastings Regional Sport Complex, Wauchope

                     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.

                     RESOLVED

That Council:

1.       Pay compensation in the amount of $800,000 (GST Exclusive) to the owners of Lot 42 DP1016237 and Lot 3 DP221932, W G and S S Norman, for the acquisition of Lot 42 DP1016237 and Lot 3 DP221932, 42 Randall Street, Wauchope.

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

3.       Request the General Manager or his delegate to engage with Randall Street residents regarding potential impacts that may arise from Council’s acquisition of Lot 42 DP1016237 and Lot 3 DP221932 and subsequent development of community facilities on these sites.

carried:      8/0

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

Against:       Nil

 

 

 

The meeting closed at 11:00pm.

 

 

 

 

………………………………………..

Peta Pinson

Mayor

 

   


AGENDA                                                                                Ordinary Council      17/07/2019

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, the undersigned, hereby 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:

 

Please submit to the Governance Support Officer at the Council Meeting.

 

Growth Bar b&w(Refer to next page and the Code of Conduct)

Pecuniary Interest

 

4.1         A pecuniary interest is an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

4.2         You will 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 you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

4.3         For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

(a)   your interest, or

(b)   the interest of your spouse or de facto partner, your relative, or your partner or employer, or

(c)   a company or other body of which you, or your nominee, partner or employer, is a shareholder or member.

4.4         For the purposes of clause 4.3:

(a)   Your “relative” is any of the following:

i)     your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii)    your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii)    the spouse or de facto partner of a person referred to in paragraphs (i) and (i)

(b)   “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

4.5         You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c)

(a)   if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b)   just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c)   just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

 

Non-Pecuniary

 

5.1         Non-pecuniary interests are private or personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

5.2         A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

5.3         The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

5.4         Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

5.5         When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

Managing non-pecuniary conflicts of interest

5.6         Where you have a non-pecuniary conflict of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the general manager, such a disclosure is to be made to the staff member’s manager. In the case of the general manager, such a disclosure is to be made to the mayor.

5.7         If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

5.8         How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

5.9         As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

a)    a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

b)    other relationships with persons who are affected by a decision or a matter under consideration 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 the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d)    membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e)    a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f)     the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

5.10       Significant non-pecuniary conflicts of interest must be managed in one of two ways:

a)    by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b)    if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

5.11       If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

5.12       If you are a member of staff of council other than the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

5.13       Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.

5.14       Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

 

This form must be completed using block letters or typed.

If there is insufficient space for all the information you are required to disclose,

you must attach an appendix which is to be properly identified and signed by you.

 

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 the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

 

Relationship of identified land to councillor

[Tick or cross one box.]

The 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).

An associated person of the councillor has an interest in the land.

An associated company or body of the councillor has interest in the land.

 

MATTER GIVING RISE TO PECUNIARY INTEREST[1]

 

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land 2

[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 or associated person

[Tick or cross one box]

Appreciable financial gain.

Appreciable financial loss.

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest]

 

 

 

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

 

This form is to be retained by the council’s general manager and included in full in the minutes of the meeting

Last Updated: 3 June 2019

 

Important Information

 

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

 

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

 

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will 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.

 

“Relative” is defined by clause 4.4 of the Model Code of Conduct 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.

 

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting at 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

[1] Clause 4.1 of the Model Code of Conduct 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 clause 4.6 of the Model Code of Conduct.

2 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 clause 4.3 of the Model Code of Conduct has a proprietary interest

 


AGENDA                                                                                Ordinary Council      17/07/2019

Item:          07

Subject:     CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

Presented by: General Manager, Craig Swift-McNair

Alignment with Delivery Program

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

 

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

 

 


AGENDA                                                                                Ordinary Council      17/07/2019

Item:          08

Subject:     PUBLIC FORUM – MATTERS NOT ON THE AGENDA

 

Residents can speak in the Public Forum - Matters Not On The Agenda of the Ordinary Council Meeting on any Council-related matter not listed on the agenda (except those items listed at clause 4.26 of the Council adopted Code of Meeting Practice.

A maximum of five speakers in the Public Forum - Matters Not On The Agenda is allowed at any one Council Meeting.

Each speaker has five minutes to address the meeting.  Council has the opportunity to ask questions after each speaker has finished, but speakers cannot ask questions of Council.

If you wish to address Council in the Public Forum - Matters Not On The Agenda, 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' form.  This form is available at Council's offices or online at www.pmhc.nsw.gov.au.

 

Information for Speakers

           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 in the Public Forum - Matters Not On The Agenda, they must agree to strictly adhere to all relevant adopted Council Codes, Policies and Procedures at all times.

           Addresses in the Public Forum  - Matters Not On The Agenda will commence at 5:30pm.

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

           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.

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

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

           If you have any documentation to support your presentation, provide 2 copies to Council by 4:30pm on the day before the Meeting.

           If a speaker has an audio visual presentation, a copy of the presentation is to be provided to Council by 4:30pm on the day before the Meeting.

           The following will not be considered in the public forum (in accordance with the Code of Meeting Practice, clause 4.26):

     a submission on a proposed or pending planning proposal, development application, application to modify a development consent, application to review a determination or any related matter,

     a submission by an applicant or objector in respect of development who made an oral submission at an on-site inspection,

     a submission by a person on a matter on which they have made submissions at two (2) previous open forums in the same calendar year, unless otherwise approved in writing by the general manager,

     a submission relating to a current or pending procurement, contract negotiation or dispute resolution involving the council,

     a submission on any matter which the general manager or their delegate considers is inappropriate to be made at an open 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.


AGENDA                                                                                Ordinary Council      17/07/2019

Item:          09

Subject:     PUBLIC FORUM – MATTERS ON THE AGENDA

 

Residents can request to speak in the Public Forum of the Ordinary Council Meeting on any agenda item listed on the agenda as either:

·         In support of the recommendation

·         In opposition of the recommendation

A maximum of two speakers “in support of the recommendation” and two speakers “in opposition of the recommendation” are allowed on any one agenda item per Council Meeting.

Each speaker has five minutes to address the Council.  Council has the opportunity to ask questions after each speaker has finished, but speakers cannot ask questions of Council.

If you wish to address Council in the Public Forum - Matters On The Agenda, 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 On Agenda Item’ form.  This form is available at Council's offices or online at www.pmhc.nsw.gov.au.

Information for Speakers

           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 on an agenda item, 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 Council on an agenda item will follow the Public Forum - Matters Not On The Agenda.

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

           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.

           The item will then be debated by Council.

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

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

           If you have any documentation to support your presentation, please provide 2 copies to Council by 4:30pm on the day before the Meeting.

           If a speaker has an audio visual presentation, a copy of the presentation is to be provided to Council by 4:30pm on the day before the Meeting.

           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.

 

 

 

 


AGENDA                                                                                         Ordinary Council

17/07/2019









 

 

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

17/07/2019

 

 

Item:          10.01

 

Subject:     Mayoral Discretionary Fund Allocations - 6 June to 3 July 2019

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council note the allocations from the Mayoral Discretionary Fund for the period 6 June to 3 July 2019 inclusive.

 

Executive Summary

 

To advise of the allocations made by the Mayor from the Mayoral Discretionary Fund for the period 6 June to 3 July 2019 inclusive.

 

Discussion

 

The Mayor made the following allocations from the Mayoral Discretionary Fund in the past month:

 

Donation to PMQ Croquet Club

$150.00

Floral Bouquet for the funeral of the late Bill Alcock on 08/06/19

$50.00

Floral Bouquet for Artist Sharon Davson on 11/06/19

$85.00

Floral Bouquet for Michael & Cindy Mullens on 28/06/19

$80.00

 

$365.00

 

Options

 

This report is for noting only.

 

Community Engagement & Internal Consultation

 

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

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.  This report is provided to Council as per the requirements of the Mayoral Discretionary Fund Policy.

 

Financial & Economic Implications

 

There are no economic implications in relation to this report.

 

The allocations made during this reporting period are funded from the Mayoral Discretionary Fund as included in the 2018-2019 / 2019-2020 Operational Plan.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.02

 

Subject:     2019 Local Government NSW Annual Conference

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.    Grant approval for Mayor Peta Pinson, Councillors (yet to be determined) and the General Manager to attend the 2019 Local Government NSW Annual Conference to be held in Warwick Farm from 14 to 16 October 2019.

2.    Determine that Mayor Peta Pinson and up to three Councillors (yet to be determined), be Council’s voting delegates on motions at the Conference.

3.    Determine that Mayor Peta Pinson and up to three Councillors (yet to be determined) be Council’s voting delegates on the election of Office Bearers and the Board (Board election) at the Conference.

 

Executive Summary

 

The 2019 Local Government NSW Annual Conference will be held at the William Inglis Hotel in Warwick Farm from 14 to 16 October 2019.

 

Mayor Peta Pinson has indicated her interest in attending the Conference and Councillor representation is yet to be finalised.

 

Council is entitled to four (4) voting delegates at the Conference.  It is proposed that the Mayor and three Councillors (yet to be determined), be Council’s voting delegates for the following:

 

·     Voting on motions;

·     Voting on the election of Office Bearers and the Board (Board election).

 

The General Manager will also be attending the Conference.

 

Discussion

 

The Local Government NSW Annual Conference is the signature event of the year for all NSW Councils and provides a forum in which to debate important issues pertinent to our local communities.  It also provides the opportunity to hear from State and Federal Government leaders, business representatives, community groups and academics.

 

As at the time of writing this report, the Draft 2019 Conference program had not been released.

 

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

 

Mayor Pinson has indicated her interest in attending the 2018 Local Government NSW Conference.  Councillor representation is yet to be determined.

 

Voting Delegate Entitlements

 

Local Government NSW has confirmed that, as in previous years, Council will be entitled to four (4) voting delegates at the Conference.  It is proposed that the Mayor and Councillors (yet to be determined), be Council’s voting delegates for the following:

 

·     Voting on motions;

·     Voting on the election of Office Bearers and the Board (Board election).

 

Reporting Requirements for Conferences

 

As per Council’s Policy, the Mayor and Councillors attending the Local Government NSW Annual Conference are not required to provide a written report following the Conference.

 

Options

 

Council could determine not to send delegates, or choose to send more or less delegates to the Annual Conference, noting that the number of voting delegates is fixed at four (4) should more than four Councillors wish to attend.

 

Internal Consultation

 

·     Mayor;

·     General Manager;

·     Councillors.

 

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 2019-2020 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 cost to attend the Conference is $7,500 which includes Conference registrations/workshops and accommodation for the Mayor, Councillors and the General Manager. In addition to the above, there will be costs associated with travel and any out-of-pocket expenses, as allowed for under the Policy and these will be at the expense of Council.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.03

 

Subject:     Public Sector Women in Leadership Masterclass Report

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.3.1 Provide effective leadership and equity.

 

 

 

RECOMMENDATION

 

That Council note the report on the Public Sector Women in Leadership Masterclass.

 

Executive Summary

 

As per the Council adopted Payment of Expenses & Provision of Facilities to Councillors policy, the Mayor and Councillors must report in writing, in an open session of a Council Meeting, on the outcome of any conference or similar function attended.

 

In light of the above, the purpose of this report is for the tabling of a report to Council by Mayor Peta Pinson on her attendance at the Public Sector Women in Leadership Masterclass held in Sydney on 24 and 25 June 2019.

 

Discussion

 

The Mayor attended the Public Sector Women in Leadership Masterclass in Sydney as a professional development opportunity.

 

The Mayor has provided a report on the Masterclass, which provides further details around the key issues covered over the two days and copy of which is attached for the information of Council.

 

Options

 

Council can choose to resolve in line with the recommendation included in this report or resolve in some other manner.

 

Community Engagement & Internal Consultation

 

There has been no community engagement as a result of this report.

 

Mayor Pinson has provided a report on her attendance at the Masterclass, which is attached to this report.

 

Planning & Policy Implications

 

There are no planning and policy implications associated with this report. Attendance at this Masterclass complies with the requirements of Councils Payment of Expenses & Provision of Facilities to Councillors Policy and the Councillor Professional Development Policy.

 

Financial & Economic Implications

 

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

 

The total cost for attendance by the Mayor at the Masterclass was $3,215.92, which included conference registration, flights, accommodation, transport, parking and meals.

 

The 2018-2019 budget contained an allocation for expenses pertaining to conferences and out-of-pocket expenses for the Mayor and Councillors. The attendance by the Mayor at the Masterclass was funded from within this budget allocation.

 

Attachments

 

1View. Report on Attendance at Public Sector Women in Leadership Masterclass - Mayor Peta Pinson

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.04

 

Subject:     Why Local Government Matters - Research Findings

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council note the information contained in this Why Local Government Matters - Findings report.

 

Executive Summary

 

Why Local Government Matters (WLGM) is a landmark social research series conducted by the Centre for Local Government at the University of Technology Sydney (UTS). It profiles the attitudes of communities about the place where they live and their local Councils. Questions are asked to understand what communities think are the most important features of their place, and their preferences for Council services, functions, and governance.

 

The Mid North Coast Joint Organisation (MNCJO) engaged the UTS to undertake WLGM research across the MNCJO member Councils of Port Macquarie-Hastings, Kempsey Shire and Bellingen Shire. This research was undertaken in February 2019.

 

The purpose of this report is to provide an overview on the results of the WLGM research, with a view to MNCJO member Councils using this information as an input into the upcoming review of their Community Strategic Plans. This information will also be an input into the development of the next four-year Delivery Program that must take place following the September 2020 Council elections.

 

It should be noted that whilst this research provides good insights into the thinking of residents of the Port Macquarie-Hastings Local Government Area (LGA) and the broader Mid North Coast, it is only a snapshot in time and should be considered along with a range of results gathered through other engagement means throughout the year.

 

Discussion

 

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

 

At the 12 December 2018 Council meeting, a report was tabled by the General Manager seeking Councils approval for Port Macquarie-Hastings Council to participate in the WLGM research for the MNCJO member Councils. At that meeting, Council resolved the following:

 

RESOLVED: Griffiths/Intemann

 

That Council:

 

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

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

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

4.   Request the GM table a report detailing the financial position of the MNCJO to the OC Feb 2019.

 

EQUAL: 4/4

FOR: Alley, Griffiths, Intemann and Pinson

AGAINST: Cusato, Hawkins, Levido and Turner

CASTING VOTE: FOR

CARRIED

 

This report is in response to the third resolution listed above from the 12 December 2018 Council meeting.

 

Why Local Government Matters (WLGM) is a landmark social research series conducted by the Centre for Local Government at the UTS. It profiles the attitudes of communities about the place where they live and their local Councils. Questions are asked to understand what communities think are the most important features of their place, and their preferences for Council services, functions, and governance.

 

The UTS has conducted WLGM nationally and for Councils across most Australian jurisdictions. It provides communities, Councils, and other stakeholders with powerful insights on what makes their community unique and what communities’ value about their Council.

 

As a result of previous resolutions of the MNCJO Board from 5 December 2018 and 1 February 2019 and various Council resolutions from MNCJO member Councils, a research agreement was entered into between the UTS and the MNJCO in early February 2019, commissioning the UTS to undertake the WLGM research. This research took place during February 2019.

 

Almost 800 residents were phone polled during February 2019, with the survey respondent profile demographically and spatially matched to the regional population. A sub-sample of 127 residents who also own or manage a business across the region was also included. The breakdown of respondents from each Local Government Area (LGA) was:

 

-        Port Macquarie Hastings: N=402

-        Kempsey: N=242

-        Bellingen: N=149

 

The total sample of 793 establishes statistical confidence of 95% at the whole-of-region level with a confidence interval of +/- 4%. In effect, if the same survey sample size was used another 100 times, we can be sure the results of 95 of those instances would be within 4% of the first sample.

 

A high-level overview report on the results of the WLGM research can be found at the attachment titled Why Local Government Matters to the Mid North Coast. The overview provides a summary of the results, with the headline results around ‘place’ being that compared to other parts of Australia, residents of the Mid North Coast were more likely to agree or strongly agree with the following statements about the place where they live:

 

-        The landscape around them makes them feel good.

-        The area reflects the type of person they are.

-        They feel a cultural connection to the area.

 

According to the results of the WLGM research, the above information indicates that Mid North Coast residents feel more attached to the place where they live than most Australians.

 

Further to the above, the report states that to Mid North Coast residents, the most important parts of the region are the accessibility and quality of essential services and infrastructure, such as good quality roads, bridges, and aged and home care, phone and Internet connections, and access to local shops.

 

Other important features include the degree of social cohesion in the community, being able to live close to friends and family and the level of community creativity. The region’s residents are strongly interested in its sustainability and find the availability of locally grown food, using land, water and energy resources wisely, pollution levels and the health of plants and animals are extremely or very important.

 

Overall, Mid North Coast residents were much more likely to rate these features of the place as very or extremely important. This indicates the region’s residents have more intense feelings and views about what makes the place where they live great when compared to other Australians.

 

Of interest is the fact that the WLGM research shows that overall, Mid North Coast residents are not as concerned about environmental problems such as climate change, as the rest of NSW. However, when asked about the impacts of particular climate and weather related events, residents were more concerned about drought and bushfire and less so about intense rainfall and severe storms.

 

The following information is specific to the Port Macquarie-Hastings LGA form the WLGM research undertaken:

 

-     In Port Macquarie-Hastings specific terms, locals feel a strong connection to the area, both culturally and to friends and family. According to the results, there is something in the landscape that makes people feel good about living here and about life in general and the area has the qualities they value and reflects the type of person they are. Please refer to Page 6 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Overall, what matters more to Port Macquarie-Hastings locals are the tangible aspects of place such as availability of public services like schools, hospitals, and home and aged care, a positive economic outlook, and good quality infrastructure such as roads and bridges.

 

-     Compared to other Australians, Port Macquarie-Hastings residents more highly value recreation opportunities, a supportive, cohesive, vibrant and creative community, being close to friends and family, and local shops. They are also more concerned about local pollution levels. Please refer to Page 7 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Whilst Port Macquarie-Hastings locals have more intense feelings about what matters to them, they are not as concerned as other Australians about housing affordability, public safety, or cultural diversity in the community. Please refer to Page 8 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Port Macquarie-Hastings residents are concerned about environmental problems, such as climate change. However, their level of concern is lower than residents in other Local Government Areas across the region and NSW more generally. They are concerned about the impact of these problems on future generations, nature, the economy and other residents, but less concerned about the impact on their own physical health and mental wellbeing. Please refer to Page 10 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Port Macquarie-Hastings residents, worry about the drying continent rather than the more intense and wetter conditions and they think government has to pay greater attention and take more action on securing water and less on flooding. Please refer to Page 11 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     The services and functions most highly valued by Port Macquarie-Hastings residents mirror those that are most highly valued across the region, including core services to property and land such as water, sewage and drainage, roads and bridges, and street cleaning and waste management. These map to those aspects of place that locals value most about Port Macquarie-Hastings, such as a positive economic outlook, good quality infrastructure, and pollution levels. Please refer to Page 16 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Port Macquarie-Hastings locals strongly value Council’s place marketing and strategic planning role. However, in contrast to residents in neighbouring LGAs, they do not value as highly Council’s role in economic development or supporting local businesses, which is a disconnect with the value they place on the area’s economic outlook. Generally, residents also do not value Council’s human and community services and functions as highly, such as youth services, arts and culture, libraries, community advocacy, and child and aged care, noting that Port Macquarie-Hastings Council does not provide child and aged care as some Council’s do. Please refer to Page 17 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     From a service delivery perspective, compared to other Mid North Coast locals, Port Macquarie-Hastings residents have somewhat stronger service delivery, funding and governance preferences. They are more trusting in the capacity of public servants to know what the community needs, and in the capacity of government to provide services that meet these needs at a high quality. Please refer to Page 19 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Residents want Council to involve them in making decision on services and advocate on their behalf, although this is again disconnected with the low value they place on Council’s community advocacy function. Residents see an expanded role for government in service delivery that is not limited to ‘just the basics’, and are somewhat more willing to pay for more complex and sophisticated services. Please refer to Page 20 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Like most Australians and other Mid North Coast locals, Port Macquarie-Hastings residents think their Council is best placed to make decisions about the area. Of all residents across the region, they are the most certain local government is best placed to make these decisions. Please refer to Page 22 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Port Macquarie-Hastings residents are more aware of their Council than the average Australian. Of all Mid North Coast locals, they are also the most aware of who their elected officials are. This is characteristic of regional areas where there is less social and physical distance between communities and their Council, and where local networks, including connections with Council, tend to be stronger. Please refer to Page 23 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

-     Port Macquarie-Hastings residents are no more or less inclusive than their regional neighbours are. However, as with their regional counterparts, they tend to be less inclusive than other Australians and are much less likely to consider more transient populations, such as renters, students, and workers, as members of the community. For Port Macquarie-Hastings residents, being part of this community is about making a contribution as a ratepayer. Please refer to Page 24 of the attached document titled ‘Why Local Govt Matters to the Port Macquarie-Hastings’.

 

At the request of the MNCJO member Councils, the Mid North Coast WLGM research included a question around disaster planning and recovery. The region’s residents and business owners were asked whether they have a plan for their household or business on what to do in the event of a natural disaster. Just over half of all households do not have a plan and just under half of all businesses have a plan to continue operating in the event of a natural disaster.

 

Of the households and businesses that indicated they do not have a plan, about two thirds feel only moderately, slightly or not at all confident they have the information they need to prepare one.

 

This information is of important value to member Councils of the MNJCO in light of the fact that one of the projects identified in the MNCJO Statement of Strategic Regional Priorities is around community resilience i.e. building capacity in the regional community to deal with severe weather events and natural disasters. The information to come from the WLGM research highlights that there is greater education required of the community around being disaster-ready, noting that this is not the sole responsibility of Councils, but involves a range of State and Federal agencies also.

 

As can be seen from the snapshot of results provided above, the WLGM research covered a broad range of areas of interest, with the results providing member Councils and the MNCJO with a unique view of local and regional community attitudes and approaches. As noted earlier, this will not only assist each Council understand their individual community’s in a more holistic manner, but may also assist the MNCJO in determining project priorities into the future.

 

It should be stated again as it was earlier in this report, that whilst this research provides good insights into the thinking of residents of the Mid North Coast, it is only a snapshot in time and should be considered along with a range of results gathered through other engagement means throughout the year.

 

Options

 

Council has the option of adopting the recommendation as included in this report, or resolving in some other manner.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to this report, other than the WLGM survey itself.

 

Internal consultation has been undertaken with the General Manager and Directors.

 

Planning & Policy Implications

 

There are no direct planning and policy implications in relation to this report, noting that the information gathered as part of the WLGM research, will be used in the context of the upcoming review of the Port Macquarie-Hastings Council Community Strategic Plan.

 

Financial & Economic Implications

 

There are no direct economic implications in relation to this report.

 

The cost of the WLGM research on behalf of the MNCJO was $82,940. As previously resolved at the December 2018 & February 2019 MNCJO Board meeting, the costs of the WLGM research would be shared 50/50 between the MNCJO and the member Councils, upon agreement by the member Councils.

 

As per the 12 December 2018 Council resolution detailed earlier in this report, Council resolved to fund $14,000 towards the WLGM research as the PMHC one-third contribution to the overall 50% member Council contribution. The source of the $14,000 was from the funds that remained following Council’s July 2018 resignation from the Mid North Coast Regional Organisation of Councils (MIDROC).

 

Attachments

 

1View. Why Local Govt Matters to the Port Macquarie-Hastings

2View. Why Local Government Matters to the Mid North Coast

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.05

 

Subject:     2019 Smart Cities Conference Report

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council note the information contained in this 2019 Smart Cities Conference Report.

 

Executive Summary

 

As per the Council adopted Payment of Expenses & Provision of Facilities to Councillors policy, Councillors must report in writing, in an open session of a Council Meeting on the outcome of any conference or similar function attended.

 

In light of the above, the purpose of this report is for the tabling of a report to Council by Councillors Hawkins and Turner on their attendance at the 2019 Smart Cities conference held in Melbourne on 30 & 31 May 2019.

 

Discussion

 

At the 15 May 2019 Council meeting, Council resolved the following:

 

11.02 RECOMMENDED ITEM FROM ECONOMIC DEVELOPMENT STEERING

GROUP - SMART REGIONAL CITY PLANNING

 

RESOLVED: Turner/Hawkins

 

That Council:

1.   Note the recommendation from the Economic Development Steering Group that consideration be given to the development of a Smart City Strategy; and

2.   Develop a Smart City Strategy as a replacement action for the development of a Regional City Strategy in the Draft 19/20 Operational Plan action 3.1.1.1 to “Implement actions from the 2017-2021 Economic Development Strategy to lead, create and proactively support an environment that stimulates sustainable industry, business and investment”

3.   Endorse Councillors Hawkins and Turner to attend the Smart Cities conference in Melbourne 30 & 31 May 2019.

CARRIED: 8/0

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

AGAINST: Nil

 

As per the Council resolution (no.3) above, Councillors Hawkins & Turner attended the 2019 Smart Cities conference in Melbourne on 30 & 31 May 2019. As noted earlier in this report, as required by the Council adopted Payment of Expenses & Provision of Facilities to Councillors policy, Councillors must report in writing, in an open session of a Council Meeting on the outcome of any conference or similar function attended, hence this report to Council.

 

Following the return of Councillors Hawkins and Turner from the 2019 Smart Cities conference, Councillor Hawkins provided an overview of the conference to Council’s Economic Development Steering Group (EDSG) at the EDSG meeting held on 12 June 2019. The minutes of that meeting note the following:

 

06 COUNCIL CONSIDERATION OF SMART CITY STRATEGY

The Group Manager Economic Development and Communications briefed the Group on the 10 April 2019 Council decision regarding the development of a Smart City Strategy under Council’s 2019/2020 Operational Plan.

 

Cr Hawkins provided an overview of the learnings from the Smart Cities Conference, which he and Cr Turner attended in Melbourne on 30-31 May 2019. In particular, he mentioned key points around;

-     The need to focus on “smart communities”;

-     “Smart” does not equal technology - technology is a tool not a goal;

-     That it’s critical to know who you are before you start developing a strategy;

-     Need to have “customer centre” approach;

-     Cities are not homogenous, no shoe fits all cities/whole city - close engagement with community is key, as is placemaking and human centre design;

-     Collaboration between 3 levels of government and major institutions, utilities, business community and broader community is critical;

-     Creating a smart city is a process, not an event with an end point.

 

CONSENSUS:

The Group noted:

 

1.   The 10 April 2019 Council resolution to develop a Smart City Strategy under Council’s 2019/2020 Operational Plan, with further conversations to occur with the Group when project planning is underway.

2.   The update by Cr Hawkins from the recent Smart Cities Conference.

 

According to the 2019 Smart Cities conference web site, the aim of the two-day event was to bring together representatives from the buildings, roads, transport and utilities industries, with the aim of educating attendees on the latest developments that are making cities smarter and to provide opportunity for collaboration to maximise the interoperability of new technologies across different industries.

 

Councillors Hawkins and Turner have both commented on the fact that this conference was excellent and one of the best-organised conferences they had ever attended. In addition to the comments noted above by Councillor Hawkins when addressing the EDSG on the conference, some of the key points to come out of the conference according to Councillor Turner are as follows:

 

-     Smart city thinking can be described as a journey or a process to better decision-making and problem-solving to make our communities better.

-     After some initial spectacular failures as a result of allowing tech companies to design ‘solutions’ for cities of the future, the concept has evolved into what can broadly be described as 3 key areas:

Different ways of thinking about, and approaches to design of, places and infrastructure.

An explosion in the collection, sharing, and use of data in decision-making.

Collaboration and co-operation between council, community, business/industry, university, research, and government

 

Councillors Hawkins and Turner have both provided separate reports on the conference, which provides further details around the key issues to come out of the conference. These reports can be found as attachments to this Council report.

 

Options

 

Council can choose to resolve in line with the recommendation included in this report or resolve in some other manner.

 

Community Engagement & Internal Consultation

 

There has been no community engagement as a result of this report.

 

As detailed earlier in this report, attendance by Councillors Hawkins and Turner to the 2019 Smart Cities conference was resolved by Council at the 15 May 2019 Council meeting.

 

Councillors Hawkins and Turner have both provided separate reports on their attendance at this conference, copies of which can be found as attachments to this report.

 

Planning & Policy Implications

 

Whilst there are no direct planning and policy implications in relation to this report, as previously noted, at the 15 May 2019 Council meeting, Council resolved the following:

 

11.02 RECOMMENDED ITEM FROM ECONOMIC DEVELOPMENT STEERING

GROUP - SMART REGIONAL CITY PLANNING

 

RESOLVED: Turner/Hawkins

 

That Council:

1.   Note the recommendation from the Economic Development Steering Group that consideration be given to the development of a Smart City Strategy; and

2.   Develop a Smart City Strategy as a replacement action for the development of a Regional City Strategy in the Draft 19/20 Operational Plan action 3.1.1.1 to “Implement actions from the 2017-2021 Economic Development Strategy to lead, create and proactively support an environment that stimulates sustainable industry, business and investment”

3.   Endorse Councillors Hawkins and Turner to attend the Smart Cities conference in Melbourne 30 & 31 May 2019.

 

CARRIED: 8/0

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

AGAINST: Nil

 

The above resolution highlights the fact that a Smart City strategy will be developed by Council in place of a Regional City strategy, with work on the strategy to commence during 2019-2020.

 

Financial & Economic Implications

 

There are no direct economic implications in relation to this report.

 

The total cost for attendance at the 2019 Smart Cities Conference for Councillors Hawkins and Turner was $5,557.54, which included conference registration, flights, accommodation, transport and meals.

 

The 2018-2019 budget contained an allocation for expenses pertaining to conferences and out-of-pocket expenses for Councillors. The attendance by Councillors Hawkins and Turner at the 2019 Smart Cities Conference was funded from within the 2018-2019 budget allocation.

 

Attachments

 

1View. Councillor Geoff Hawkins - 2019 Smart Cities Conference Report - June 2019

2View. Councillor Rob Turner - 2019 Smart Cities Conference Report - June 2019

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.06

 

Subject:     Release of IPART Reports into Rating & Compliance Matters

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note that the following IPART reports have been released by the NSW Government for consultation:

a)      Review of the Local Government Rating System.

b)      Review of Reporting & Compliance Burdens on Local Government.

c)      Review of Local Government Compliance & Enforcement.

2.    Request the General Manager hold a Councillor briefing on the above-mentioned reports with a view to considering making a submission to the Office of Local Government.

 

Executive Summary

 

On 21 June 2019, the NSW government released three Independent Pricing & Regulatory Tribunal (IPART) reports for consultation. These reports were presented to the NSW government between 2014 and 2016, however have now been released.

 

The Office of Local Government (OLG) is now seeking submissions from Councils on each of the reports over the coming months.

 

Discussion

 

During the last term of the NSW government, IPART presented three key reports to the government that relate to local government. These reports are as follows:

 

a)      Review of the Local Government Rating System (December 2016)

b)      Review of Reporting & Compliance Burdens on Local Government (April 2016)

c)      Review of Local Government Compliance & Enforcement (October 2014)

 

At the time, these reports were not released by the NSW government, however they have now been released for consultation with the local government sector.

 

The OLG released Circular 19-11 on 21 June 2019 and through that Circular, the OLG is encouraging Councils to provide feedback on the recommendations in each of the report by the relevant closing dates, with the view to these submissions assisting to inform the NSW governments response to the reports. A copy of the OLG Circular is attached to this report for information.

 

As detailed in the attached Circular, the three reviews focused on complex areas of government regulation that require detailed consideration. According to the OLG, together, the recommendations included in these reports propose changes to local government, which if implemented, will have a significant impact on Councils and communities.

 

It should be noted that there are a number of recommendations included in these reports that the NSW government has already ruled out, because they may have adverse impacts on vulnerable members of the community, affect regional jobs and economies, or substantially increase costs for taxpayers and the broader community.  These matters are marked “Not for consultation” on the OLG feedback form.

 

Importantly, closing dates for submissions have been staggered to allow Councils, businesses and other community members time to consider each report individually. Closing dates for submissions range from 13 September 2019 to 15 November 2019.

 

As detailed in the recommendation included in this report, it is the intention of the General Manager to hold a Councillor briefing on these reports in the near future with a view to discussing key issues included in the reports and for Councillors to consider if Council should make a submission on one or more of these reports.

 

Due to the size of the three reports i.e. ranging from 205 pages to 480 pages, these have not been included as attachments to this report; however they are available via the OLG website at the following web link:

 

https://www.olg.nsw.gov.au/strengthening-local-government/ipart-local-government-reports-consultation-2019

 

Options

 

Council can resolve in line with the recommendation included in this report or resolve in some other manner.

 

Community Engagement & Internal Consultation

 

There has been no community engagement or internal consultation in relation to this report. Councillors will give consideration as to whether Council will make a submission on one or more of these reports in the coming months.

 

Planning & Policy Implications

 

There are no direct planning and policy implications in relation to this report, however it should be noted that if the NSW government does accept or otherwise some or all of the recommendations included in these reports, then there may be planning and or policy implications for NSW Councils.

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Circular 19-11 Release of IPART Reports into rating and compliance matters for consultation

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.07

 

Subject:     Status of Reports From Council Resolutions

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

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

 

 

 

RECOMMENDATION

 

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

 

Discussion

 

Report

Date & Item
of
Resolution

Status

Reporting Officer

Previous Anticipated Date/s for Report

Current Anticipated
Date for
Report

Why Local Government Matters Project - Completion Report

12/12/18
Item 09.03

Being presented to JO in June 2019

GM

Jun-19

Jul-19

Review of Policy (in relation to paragliders)
Commercial Activities on Council Managed Land

20/03/19
Item 12.01

Information still being obtained.

DSG

Jun-19

Jul-19

New Pedestrian Crossing - Bold Street, Laurieton

15/05/19
Item 12.02

 

DI

 

Jul-19

Hibbard Precinct Flood Study Draft Report - Post Exhibition

15/05/19
Item 12.04

 

DDE

 

Jul-19

North Brother Flood Study Draft Report - Post Exhibition

15/05/19
Item 12.05

 

DDE

 

Jul-19

QFPM - Enforcement of Unlawful Activity Policy - findings of review

18/07/18
Item 09.07

Policy being drafted.  Awaiting further advice and discussions with Councillors.

DDE

Dec-19
Feb-19
Mar-19
Apr-19
Jun-19
Jul-19

Aug-19

Health and Education Precinct Draft Master Plan - post exhibition

21/11/18
Item 11.05

Information still being obtained.

DSG

May-19
Jun-19
Jul-19

Aug-19

Land Acquisition - 921 Hastings River Drive, Pembrooke - Post Exhibition

12/12/18
Item 12.04

Valuation pending.

DCP

Jun-19

Aug-19

Town Centre Master Plan Charter Review

20/06/18
Item 09.09

Still being discussed

DSG

Apr-19
May-19
Jun-19

Aug-19

2019-2020 Councillor and Mayoral Fees

15/05/19
Item 09.13

 

DCP

 

Aug-19

Opportunities for improving PMHC unsealed road maintenance practices

15/08/18
Item 12.02

 

DI

 

Aug-19

T-18-58 Supply and Delivery of two (2) x 20 Tonne Track Mounted Excavators

15/05/19
Item 14.01

 

DI

 

Aug-19

T-19-19 Request for Proposal - Innes Gardens Memorial Park Crematorium and Lawn Cemetery - post negotiations and community consultation

19/06/19
Item 15.09

 

DCP

 

Aug-19

Planning Proposal Request PP2011 - 9.3:  The Ruins Way and South Blackwood, Port Macquarie

19/06/19
Item 13.06

 

DSG

 

Aug-19

T-19-09 Supply and Delivery of Ready Mix Concrete - post negotiations

19/06/19
Item 15.04

 

DI

 

Aug-19

T-19-10 Supply and Delivery of Road Construction Materials - post negotiations

19/06/19
Item 15.05

 

DI

 

Aug-19

Biodiversity Strategy:  Post exhibition

19/06/19
item 13.10

 

DDE

 

Aug-19

Planning Proposal – Lot 2 DP1091253 Beach Street Bonny Hills

19/04/16
Item 12.02

 

DSG

 

Sep-19

Planning Proposal PP2016 – 11.1 Mission Terrace Lakewood – post exhibition

15/11/17
Item 12.06

 

DSG

 

Sep-19

John Henry Taylor and Mildred Joy Taylor v. Port Macquarie-Hastings Council - results of cost assessment

17/04/19
Item 14.01

 

DCP

 

Sep-19

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

15/08/18
Item 12.04

Awaiting legal advice and owner's consent

DSG

Sep-18
Oct-18
Feb-19
Apr-19
May-19
Jul-19

Sep-19

Port Macquarie Events Plan and Tastings on Hastings future budget

17/04/19
Item 10.02

 

DSG

 

Sep-19

Revive Lake Cathie Inc. Submission to PMHC 2019-2020 Operational Plan

15/05/2019
Item 09.01

 

DDE

 

Sep-19

Proposed Orbital Road Project

19/06/19
Item 13.01

 

GM

 

Sep-19

Trialling Of Parklets In The Port Macquarie Town Centre

16/05/18
Item 10.02

Council is still working the relevant approvals

DSG

 

Sep-19

Future of Committees following establishment of Cultural Steering Group

19/04/17
Item 15.05

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

DSG

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

Nov-19

Tuffins Lane Sporting Fields - Terms of Agreement

14/12/16
Item 06.02

Awaiting Catholic Parish advice

GM

Oct-18
Mar-19
Apr-19
Jul-19

Dec-19

Markets Policy and local markets

21/11/18
Item 11.03

 

DSG

 

Dec-19

Hay Street Forecourt Tuesday Real Food Market  Compliance Report

20/02/19
Item 11.01

 

DSG

 

Dec-19

Council owned lots at North Shore - Progress of Sale

19/09/18
Item 09.24)

Council is currently in the process of obtaining DA's for the individual lots, prior to sale - this will provide assurance to future purchasers that the lots can be built on. 

DSG

 

Dec-19

Canal Maintenance

18/10/17
Item 12.04

 

DI

 

2018/2019 FY

2020 Ordinary Local Government Election

20/02/19
Item 09.07

 

DCP

 

Feb-20

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

20/06/18
Item 14.05

 

DSG

 

Mar-20

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

10/08/16
Item 12.01

 

DDE

 

2021
(estimate)

MOU - Norfolk Island Regional Council - income and expenditure administration.

20/03/19
Item 09.02

 

GM

 

Feb-21

Planning Proposal - Homedale Road Kew - post exhibition

14/12/16
Item 13.07

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

DSG

Oct-17
Dec-17
May-18

Complete

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

17/05/17
Item 13.05

 

DSG

 

Complete

 

Cyclic Reports

 

Report

Reporting Officer

Reporting Cycle

Month

Mayoral Discretionary Fund Allocations

GM

Monthly

Every

Monthly Financial Update

DCP

Monthly

Every
(except July)

Investments

DCP

Monthly

Every

Recommendations by the Mayor’s Sporting Fund Sub-Committee

DSG

Monthly

Every

Development Activity and Assessment System Performance

DDE

Quarterly

May, Aug, Nov, Feb

Operational Plan – Quarterly Progress

DCP

Quarterly

Nov, Feb, May, Aug

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

DDE

Quarterly

Dec, Mar, June, Sep

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

DCP

Quarterly

Feb, May, Aug, Nov

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

DSG

Quarterly

Feb, May, Aug, Nov

Glasshouse Strategic Plan Update

DCP

Biannual

Feb, Aug

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

DCP

Biannual

Feb, Aug

Delivery Program – Six Monthly Progress

DCP

Biannual

Mar, Sep

Update on Site Specific Planning Proposal Requests

DSG

Biannual

Apr, Oct

Mayoral and Councillor Fees (Setting of)

GM

Annually

May

Long Term Energy Strategy – Progress

DDE

Biannual

May, Nov

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

DSG

Biannual

May, Nov

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

DSG

Biannual

May, Nov

Council Policy - Status

DCP

Annually

Jul

Recreation Action Plan – Status

DDE

Annually

Jul

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

DSG

Annually

Jul
(previously report in April 2019)

Local Preference Policy Outcomes

DCP

Annually

Aug

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

DSG

Annually

Sep

Council Meeting Dates

GM

Annually

Sep

Creation of Office - Deputy Mayor

GM

Annually

Sep

Audit Committee Annual Report

DCP

Annually

Sep

Annual Report of Disability Discrimination Act Action Plan

DSG

Annually

Sep

Legislative Compliance Register

DCP

Annually

Sep

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

DSG

Annually

Sep

Annual Disclosure of Interest Returns

GM

Annually

Oct

Council’s Annual Report

DCP

Annually

Nov

Update Report - Impact of cost shifting for the previous financial year including any additional categories of cost-shifting that have been identified
(21/10/15 - Item 09.04)

DCP

Annually

Nov

Compliments and Complaints Annual Report

DSG

Annually

Dec

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

DDE

Annually

Dec

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.08

 

Subject:     Status of Council Policies

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 provided in the Status of Council Policies report.

 

Executive Summary

 

The “Making of Council Policy” policy requires that a report be presented to Council on an annual basis outlining the status of all current Council Policies.

 

Council currently has 75 adopted Council Policies, which are published on Council’s website for public viewing.

 

As at July 2019, the status of the 75 adopted Council Policies was:

 

Status

Number

%

Current

31

41%

Review Complete

1

1%

Submitted to Council

1

1%

Review initiated

18

24%

Deferred

11

15%

Overdue

13

17%

 

There has been some improvement in the status of Council Policies since last year in that 41% policies are now current compared to 35% last year. Staff will continue to review Council Policies on an ongoing basis, with the Governance & Procurement team providing the processes and framework to support currency across the organisation.

 

Discussion

 

An important component of public sector governance is establishing key policies and ensuring they are clear, available, regularly updated and monitored for compliance.

 

The “Making of Council Policy” policy provides an open and transparent statement as to how Council will establish, amend and rescind Council Policy. In addition, the policy requires that a report be presented to Council on an annual basis outlining the status of all current Council Policies:

The Council report will include (as a minimum):

·    Policy adoption date.

·    Policy last reviewed date.

·    Outcome of last review (No change, administrative amendments, Council approved).

·    Policy next review date.

 

In the past two (2) years there has been a concentrated effort made to improve the currency Council Policies and implement a process to monitor and maintain the currency of Council adopted policies.

 

Current Status of Policies

 

A desktop review of the status of the seventy-four (75) Council adopted policies was conducted in July 2019. The results of this review are provided as an attachment to this report. 

 

 

 

Council Policies fall into the below status categories:

 

 

Staff will continue to review Council Policies on an ongoing basis, with the Group Manager Governance & Procurement providing the processes and framework to support currency.

 

Options

 

This is an information report, however Council can request any Policy to be reviewed.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

Where a review involves more than simple administrative amendments, a draft is presented to Council, if resolved the Policy is then placed on public exhibition for 28 days before being adopted by Council (following further review based on consideration of public submissions presented during the exhibition period).

 

Internal Consultation

 

·    General Manager

·    Directors

·    Group Manager Governance & Procurement

·    Relevant Group Managers (as policy owners)

 

Planning & Policy Implications

 

There are no planning implications in relation to this report.

 

Policy implications are favourable, the currency, relevance and effectiveness of policies will improve and further support governance and risk management.

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Council Adopted Policies

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.09

 

Subject:     Request for Leave of Absence - Councillor Geoff Hawkins

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 Councillor Hawkins for the period 30 August to 17 October 2019, which includes the Ordinary Meeting of Council scheduled 18 September and 16 October 2019.

 

Executive Summary

 

Council has received a request for leave of absence from Councillor Hawkins for the period 30 August to 17 October 2019. During this period two Ordinary Meetings of Council are scheduled.

 

Discussion

 

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

 

Councillor Hawkins has requested leave of absence for the period 30 August to 17 October 2019. The reason for the Councillor’s request is that he has a family commitment and unable to attend to official Council duties during this time.

 

During the requested leave of absence period two Ordinary Meetings of Council is scheduled:

·    18 September 2019; and

·    16 October 2019

 

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

 

Financial & Economic Implications

 

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          10.10

 

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.       Contracts Administrator.

 

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.      Contracts Administrator

 

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

 

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

 

The returns for the abovementioned positions will be tabled at this meeting.

Options

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

Community Engagement & Internal Consultation

 

Internal Consultation

·    Group Manager Governance and Procurement.

·    General Manager.

·    Contracts Administrator

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

17/07/2019

 

 

Item:          10.11

 

Subject:     Investments - June 2019

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 June 2019.

 

Executive Summary

 

·    Total funds invested as at 30 June equals $297,809,729.

·    Interest for the month of June was $723,729.

·    The total investment income for the 2018-19 financial year of $8,639,900 has exceeded the total revised annual budget of $8,472,800 by $167,100.

·    Council’s total investment portfolio performance for the financial year to date was 1.03% above the benchmark (3.00% against 1.97%).  Benchmark being the Bank Bill reference rate as at 30 June 2019.

 

Discussion

 

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

 

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

 

Overview

 

Councils (including Port Macquarie-Hastings Council) provide a broad range of services and associated infrastructure to their communities. These services include (but are not limited to) the following:

 

·    Water and Sewer services;

·    Waste services;

·    Port Macquarie Airport;

·    Cemeteries;

·    Roads and Bridges;

·    Various Recreation and Cultural facilities.

 

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

 

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

 

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

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

 

The full report is available on Council’s website:

 

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

 

Current Investments

 

Council is required to undertake investments in accordance with section 625 of the Local Government Act 1993.  This report provides details of Council’s investments, and certifies that all funds that Council has invested as at 30 June 2019, comply with this Act.

 

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

 

As at 30 June 2019, the investments held by Council totalled $297,809,729 and were attributed to the following funds, (noting that the split between funds is based on draft figures which may change once end of year procedures have been finalised):

 

General Fund

119,758,227

Waste Fund

18,130,656

Water Fund

97,559,489

Sewer Fund

60,869,331

Sanctuary Springs Fund

                                            38,715

Broadwater

1,453,311

 

297,809,729

 

 

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

 

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

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

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

 

Planning & Policy Implications

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

 

Financial & Economic Implications

Benchmark and budget levels have been met for the 2018-19 financial year.

 

Council’s total investment portfolio performance for the financial year to date is 1.03% above the benchmark (3.00% against 1.97%) and total investment income for the financial year has exceeded the annual budget by $167,100. 

 

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

 

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

 

Certification

 

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

 

Nicole Spencer

Responsible Accounting Officer

 

Attachments

 

1View. Port Macquarie-Hastings Council Monthly Report - June 2019

2View. Port Macquarie-Hastings Council Portfolio as at 30 June 2019

 

 


AGENDA                                                                                Ordinary Council

17/07/2019









 

 

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

17/07/2019

 

 

Item:          11.01

 

Subject:     Notice of Motion - Park & Ride Bus Service for Port Macquarie

 

 

 

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

 

 

 

RECOMMENDATION

 

That Council request the General Manager write to Busways Port Macquarie for the purpose of commencing discussions on a Park & Ride bus service through certain parts of Port Macquarie, yet to be determined.

 

Comments by Mayor (if provided)

Following on from the recent proposed Orbital Road community engagement process, many residents commented on the need for better public transport in the Hospital and Education precinct, as well as the CBD of Port Macquarie.

The introduction of a Park & Ride initiative would assist in alleviating traffic congestion, parking problems and reduce vehicle density on the road network.

Park & Ride would enable commuters to park for the desired time and catch a shuttle bus service to various designated stops.

The benefit to users of this service would be a reduction in the possibility of receiving parking fines and disruption of business operations caused by staff having to move their vehicles throughout the day.

The economic benefits to the wider CBD of Port Macquarie would be of a great measurable value to our region.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          11.02

 

Subject:     Recommended Items from the Mayor's Sporting Fund Sub-Committee - June 2019

Presented by:  Strategy and Growth, Holly McBride

 

 

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

1.       That Lleyton Wall be granted the amount of $1,500.00 to assist with the expenses he will incur travelling to, and competing as part of the Australian Triathlon Team (Age Group 16 - 19 yrs) at the ITU World Triathlon Championships to be held in Lausanne, Switzerland from 20th August - 1st September 2019 inclusive.

 

 

Executive Summary

The Mayor’s Sporting Fund Sub-Committee met on 20 June 2019, reached consensus on Item 11 (attached), and submits the above recommendation for Council’s approval.

 

Attachments

 

1View. MSF Minutes Extract - Item 11 

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          11.03

 

Subject:     Port Macquarie Alcohol Free Zone Review and Extension 2019

Presented by:  Strategy and Growth, Holly McBride

 

 

Alignment with Delivery Program

 

2.1.1 Support community safety initiatives.

 

 

 

RECOMMENDATION

 

That Council:

1.       Re-establish the Alcohol Free Zone in the CBD for a further four years from October 2019 to October 2023.

2.       Place the proposal on public exhibition to inform the community of the intention to re-establish an Alcohol Free Zone in the Port Macquarie Central Business District, in accordance with the requirements under the Local Government Act for an exhibition period of 6 weeks, commencing 22 July to 2 September 2019.

 

 

Executive Summary

 

Port Macquarie Hastings Council has a role in addressing community issues regarding alcohol consumption. It follows a Council resolution in December 2007 to establish Alcohol Free Zones within the Central Business District (CBD) and a further request in 2014 to undertake a review and the extension of alcohol free zones. The Alcohol free Zone expired in December 2018. Council is seeking to re-establish an Alcohol Free Zone for a further four years in line with current standards and guidelines.

 

The objectives of the Alcohol Free Zone is to;

·    Create a safe enjoyable evening environment;

·    Create a diverse night economy not reliant on licensed premises trading;

·    Ensure the Local Government Area entertainment areas are safe and inviting;

·    Reduce alcohol related violence;

·    Reduce the level of malicious damage;

·    Reduce the level of disorderly conduct;

·    Advocate for licensed premises ongoing compliance with Responsible Service of Alcohol obligations; and

·    Maintain public perception of a safe regional city

 

Discussion

 

Alcohol-Free Zones prohibit the drinking of alcohol in public places such as roads, footpaths or car parks under Part 4 of the NSW Local Government Act 1993, Sections 642 - 649. Council first established an Alcohol Free Zone in the Port Macquarie CBD in 2007 through an action within Council Crime Prevention plan. This was then extended for a further 4 years, in 2014. Unfortunately, due to competing priorities the Alcohol Free zones lapsed in December 2018. Council through consultation with the Local Area Command and the Hasting Liquor Accord are now seeking to re-establish the Alcohol free Zones to enable the Police to act on Councils behalf and provide a safer CBD for all.

 

The purpose of an Alcohol Free Zone is to assist in the reduction of alcohol-related anti-social behaviour within the Port Macquarie CBD. It also aims to create a safe and enjoyable environment reducing the level of malicious damage, alcohol related violence, and other disorderly behaviour related to the irresponsible consumption of alcohol.  The Alcohol Free Zones operate 24 hours a day, 7 days a week.

 

The Port Macquarie-Hastings continue to have a very proactive approach in responding to the issues that arise from alcohol consumption in the region with current strategies including:

•     A 1.00am lockout of licensed premises;

•     An active Liquor Accord, which is well coordinated with a strong local membership from licensed premises and clubs;

•     Campaigns through the Liquor accord including Plan B and Rethink your drink;

•     Secure Taxi Ranks; and

•     An Alcohol Prohibition on all public reserves that restrict the consumption of alcohol on Council owned reserves and beaches from 9:00pm until 12:00pm, with a 24 hour restriction on a number of larger reserves.

 

Local police also continue to be proactive in implementing initiatives to increase the safety of the CBD, reducing the opportunity for alcohol related crime including prevention and enforcement strategies. This includes building and maintaining ongoing relationships with owners and managers of licensed premises, providing information and education on risk reduction and undertaking random audits.

 

Supporting Evidence

The NSW Recorded Crime Statistics 2014-2018 for the Port Macquarie Hastings Local Government area has seen a significant decrease in alcohol related crime and offences; this is due to a collaborative co-enforced approach between Council the local authorities and licensed establishments.

 

The Port Macquarie CBD area is the main identified Police ‘hot spot’ for alcohol related crime within the Port Macquarie-Hastings Local Government Area. As the Alcohol free Zones have lapsed, discussions have occurred with local Police who have confirmed they would support the re-establishment of an Alcohol-Free Zone for a further four years. Police report a positive impact as a direct result of enforcement of have an Alcohol-Free Zone in place.

 

Duration

As per the Local Government Act 1993, Alcohol-Free Zones may be established for up to four years. It is proposed that the re-established zone in the Port Macquarie CBD be for the maximum period, operating from October 2019 through to October 2023.

Enforcement

As per the Local Government Act 1993, any member of the NSW Police Force or an enforcement officer are responsible for enforcing Alcohol-Free Zones. Guidelines exist for the enforcement of Alcohol-Free Zones, which includes a warning system and a process for recording enforcement statistics.

 

Council will also continue to review the Alcohol Free Zones and areas across the local government area and continue/modify their coverage in areas considered important.

 

Cancellation or Suspension

As per section 645 of the Act, Council has the power to suspend or cancel the

Zone at an earlier date, if deemed necessary, or to hold specific community events. Council is required to do so via a Council resolution and must publish a notice of suspension and/or cancellation. In the case of a cancellation, all signage would need to be removed immediately.

 

Prior to cancellation or suspension Council would be required to liaise with

Police both prior to and after the Council resolution.

 

Location

It is proposed that the re-established zone covers the same area as the existing zones (attachment 2). This zone would cover all public streets and Council controlled car parks within the CBD. The zones have been developed to allow for areas to be suspended to hold events whilst maintaining an overall alcohol free zone in the CBD

 

Options

 

Council may not wish to extend the Alcohol Free Zone for an additional four years.

 

Community Engagement & Internal Consultation


Discussion has commenced with the Local area Command and the Hastings Liquor Accord. This engagement will continue through the exhibition period for the proposed Alcohol Free zones. Council has received a letter of support from Hastings Liquor Accord and the Local Area Command have indicated that they will also provide a letter of support.

 

As part of the process for implementing an Alcohol Free Zone, Council is required to place the proposal on exhibition to inform the wider community as well as contact relevant community agencies.

 

The proposal informing the community of the re-established four year Alcohol Free Zone in the CBD will be placed on public exhibition for a 6-week period, from the 22 July to 2 September. With a further report to the September Council meeting for adoption, prior to the zone being re-established from October 2019 to October 2023.

 

Planning & Policy Implications


This process is directly linked to the Alcohol use on Public Reserves and Beaches Policy 2018.

 

Financial & Economic Implications

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

 

Attachments

 

1View. Draft Sign Format - Alcohol Free Zone 2019

2View. Map of Proposed Alcohol Free Zones 2019-2023

3View. Hastings Liquor Accord - Letter of Support for Alcohol Free Zones in Port Macquarie CBD

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          11.04

 

Subject:     Port Macquarie Aquatic Facility - Site Selection

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the details of community engagement that have been undertaken to date as outlined in this report regarding a new aquatic facility in Port Macquarie;

2.       Note the facility design components contained within the Otium Planning Group’s Port Macquarie-Hastings Aquatic Strategy (Attachment 2) in conjunction with the community’s 2017 feedback on priorities for inclusion in a new facility;

3.       Note the schematic layouts containing the facility design components for six (6) identified sites for the new Port Macquarie Aquatic Facility (Attachment 3) and the alternate option to upgrade the existing site (Attachment 3A);

4.       Endorse the Port Macquarie Aquatic Facility Community Engagement Plan (Attachment 5) and proceed to the next stage of community engagement on the seven (7) options contained within this report; and

5.       Request the General Manager to table a report at the September 2019 Council meeting detailing the outcomes of community engagement.

 

Executive Summary

 

The Port Macquarie Pool was built in 1966 and whilst fit-for-purpose when it was built, the pool’s structure is deteriorating and no longer meets the needs of our growing community. This deterioration has also led to significant water leakage.

 

Supporting facilities within the current Port Macquarie Pool complex are also reaching the end of their useful life with the toddler’s pool undergoing rectification works in 2017 as a short-term solution to extend its usability.

 

As the pool is a major health and recreation facility for the region and caters for a wide range of both competitive and recreational swimmers, it was identified that the construction of a new aquatic facility would address the above challenges that are presenting issues for operations and management of the current pool, and to meet future community requirements.

 

Discussion

 

Port Macquarie has undergone unprecedented growth with its population forecast to reach more than 100,000 by 2030. Increases in both the number of residents and visitors to the region has resulted in user congestion at the current Port Macquarie Pool facility during peak periods and whilst fit-for-purpose when built in 1966, the facility no longer meets the needs of our growing community with structural, accessibility, programming and maintenance issues.

 

This project has been a long-standing item for Council and has been discussed with the community on several occasions over the past 20 years. Previous engagement with the community and messaging from Council around the development or upgrade of the Port Macquarie Pool was undertaken in 2000, 2005 and 2011 respectively. The latest engagement with the community in late 2017 combined with the project being listed as a priority within Council’s 2017 - 2025 Recreation Action Plan has further enhanced the community’s expectations around the delivery of a new pool facility within Port Macquarie.

 

Following consultation with the community in late 2017 via a survey to identify their priorities for inclusion in a new aquatic facility (Attachment 1), Council engaged Otium Planning Group, a specialist consultancy service with extensive expertise in facility development and management. In mid-2018 Otium commenced a thorough review of our region’s current aquatic facilities and explored our LGA’s growing demographics, including our projected future population and targeted engagement.

 

In developing the Port Macquarie-Hastings Aquatics Strategy (Attachment 2), Otium have identified key facility design components that are recommended to meet the aquatic needs of our community for the next 50 years. These elements include traditional aquatic facilities (e.g. 50 metre and 25 metre pools) combined with emerging ancillary components (e.g. children’s water play, program pools) and commercial elements to offset operating costs (e.g. fitness and wellness elements). For each design component that Otium have identified for a contemporary aquatic facility they have also identified the spatial requirements for these inclusions (refer Appendix 2, Attachment 1).

 

Based on the above initial external engagements (incorporating data from the community survey and recommendations from Otium) six Council owned or managed Port Macquarie sites have been identified that could accommodate the spatial requirements for a new aquatic facility. These sites are:

·    Macquarie Park (Gordon Street)

·    Dixie Park (Aston Street)

·    Findlay Park (Findlay Avenue)

·    Upper Oxley Oval (Pacific Drive)

·    Thrumster Sporting Complex (College Drive)

·    Wayne Richards Park (Koala Street)

 

High-level schematic layouts have been developed for each of these sites (Attachment 3) which has confirmed that a contemporary aquatic facility comprising of the previously identified facility design components can be housed within the six locations.

 

It is important to note that many of these sites either have existing community/sporting groups currently utilising the site, or planned future use of the locations. These considerations, combined with other initially recognised positives and constraints have been identified in Attachment 4. It is anticipated that further key considerations for each site will be identified and considered when consulting with the community on the sites.

 

It is recognised that the existing pool site (Attachment 3A) is not large enough to accommodate a new aquatic facility based on the identified spatial requirements. However, an alternate option to constructing a new aquatic facility would be to upgrade or replace the existing pool facilities to extend their useful life. This would essentially involve a like-for-like upgrade; however, further works would be required to bring the facility up to current industry standards and meet compliance requirements, which have come into effect since the original facility was constructed. This would include addressing accessibility and the upgrade of plant and equipment for operational purposes. Independent structural assessments have determined that the existing pool structures are at end of useful life, so full renewal of these facilities will be required.

 

The estimated cost of delivering this option is in the order of $8 - 10 million. It is estimated that these works would extend the usability of the facility for a further 50 years, noting the works would need to be undertaken over an estimated 8 month period and create impacts during this time for users of the facility. Further, this option does not address existing congestion issues associated with this facility, which will only worsen as our population continues to expand.

 

Further engagement with the community, including the key stakeholders of each of the sites, is essential in identifying the preferred option for the future direction of the Port Macquarie Aquatic Facility. This is identified as Stage 2 of the engagement process within the project’s Community Engagement Plan (Attachment 5) and is proposed to be undertaken from late July to August 2019. Following these discussions, it is proposed that a report be tabled to the September 2019 Council meeting for a decision to be made on the preferred site. This will allow the project to move to Strategic Concept development, followed by Detailed Design. Further engagement will be conducted with the community as each stage of the project progresses.

 

Options

 

Council may choose to:

1.   Adopt the recommendations contained within this report;

2.   Request further information prior to community discussions commencing for site selection of the Port Macquarie Aquatic Facility, noting this will extend project timeframes identified in the Community Engagement Plan (Attachment 5) and 2019 - 2020 Operational Plan.

 

Community Engagement & Internal Consultation

 

There has been extensive engagement with the community to date associated with the requirements for an aquatic facility, and through Otium’s engagement in developing the draft Port Macquarie Aquatic Facility Strategy. Key stakeholders though this process have included:

 

·    Pool for Port Macquarie Group

·    Port Macquarie Swimming Club

·    Port Macquarie Masters Swimming Club

·    Port Macquarie Triathlon Club

·    St Columba Anglican School.

 

Internal Consultation

 

Internal consultation has been undertaken with the following staff:

·    General Manager

·    Director Development and Environment

·    Group Manager Recreation and Buildings

·    Group Manager Community Place

·    Community Participation Manager

·    Recreation and Facilities Manager

·    Senior Landscape Architect

·    Senior Project Manager - Infrastructure Delivery

 

External Consultation

 

Broad external engagement was undertaken with the community through the public ‘Port Macquarie Aquatic Facility’ survey in late 2017. Details of the results of this survey are included in Attachment 1.

 

Further to this, Council’s project team have also previously met with representatives of the ‘Pool for Port Macquarie Group’ who had undertaken their own independent survey in 2017 with pool users to identify their current usage patterns and requirements for a new facility.

 

The detailed stages of further engagement with the community, including initial site selection discussions) are contained within Attachment 5 (Port Macquarie Aquatic Facility Community Engagement Plan).

 

Planning & Policy Implications

Council’s 2019-2020 Operational Plan contains the following action relating to this project:

 

Project Description

 

Detailed Description

Port Macquarie Aquatic Facility

Design Finalisation

 

The project is also identified within Council’s 2017 - 2025 Recreation Action Plan as a short - medium term priority (construction completion 2024/2025).

 

Various planning implications will need to be considered for this project, with several of these known to date being contained in Attachment 4 (Port Macquarie Aquatic Facility Site Options - Positives and Constraints).

 

Financial & Economic Implications

 

·        An allocation of $450,000 has been included in the 2019/2020 Operational Plan/budget for finalisation of the facility’s detailed design.

·        Detailed costing for a new aquatic facility will be determined following the detailed design stage of the project. However, based on recently developed contemporary facilities within Australia, it is estimated that the project in its entirety will cost in the vicinity of $40 - $50 million. Staging options for the project will be considered during Stage 4 of engagement with the community to determine costing options. Ongoing conversations will be undertaken with the State and Federal Government regarding grant funding opportunities.

·        A refurbishment of the existing Port Macquarie Pool facility, as detailed in this report, will cost an estimated $8 - 10 million, based on provision of like-for-like facilities constructed to meet current legislative requirements.

 

Attachments

 

1View. Attachment 1 - 2017 Port Macquarie Aquatic Facility Community Survey Results

2View. Attachment 2 - Port Macquarie-Hastings Council Aquatic Facilities Strategy

3View. Attachment 3 - Port Macquarie Aquatic Facility Site Options - Schematic Layouts

4View. Attachment 3A - Port Macquarie Aquatic Facility Site Options - Existing Site Upgrade

5View. Attachment 4 - Port Macquarie Aquatic Facility Site Options - Positives and Constraints

6View. Attachment 5 - Port Macquarie Aquatic Facility Community Engagement Plan

7View. Attachment 5A - Port Macquarie Aquatic Facility Stakeholder Engagement List

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          11.05

 

Subject:     Draft Flynns Beach Master Plan - Community Engagement

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

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

 

 (a

 

RECOMMENDATION

 

That Council:

1.       Note the information contained in the Draft Flynns Beach Master Plan - Community Engagement Report 2018 (Attachment 2).

2.       Endorse the Flynns Beach Master Plan Community Engagement Plan (Attachment 3).

3.       Place the Draft Flynns Beach Master Plan (Attachment 4) on public exhibition for 28 days from 22 July to 18 August 2019.

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

 

Executive Summary

 

Development of a Master Plan for Flynns Beach commenced in 2018 with significant community engagement occurring during March and April 2018 as detailed in the Flynns Beach Master Plan Community Engagement Report (Attachment 2). During this period, a broad range of feedback was provided by the community which has informed the development of the Draft Flynns Beach Master Plan.

 

Staff are now proposing to place the Draft Flynns Beach Master Plan on public exhibition from 22 July to 18 August 2019 to get community feedback on the proposed improvements for this significant community recreational facility in accordance with the Flynns Beach Master Plan Community Engagement Plan included in Attachment 3.

 

Discussion

 

It is widely recognised that Flynns Beach requires some attention. On this basis, Council has prioritised development of a precinct Master Plan to outline the community’s long term vision for this highly valued area. To ensure the plan is aligned with the community’s vision, staff commenced a community engagement process early in 2018 to inform development of a draft master plan (refer to Attachment 4 - Draft Flynns Beach Master Plan).

 

The key improvements proposed for Flynns Beach within the draft Master Plan are:

 

·    An upgrade of the existing Surf Lifesaving Club - either refurbishment of the existing facility (option A) or replacement with a new contemporary facility (option B);

·    New facilities such as picnic/barbeque areas and a children’s playground;

·    Improved parking facilities;

·    Development of park lands;

·    New tiered seating;

·    Improvement of pedestrian linkages to and throughout the site.

 

The next step in this process is for the community to review and provide feedback on the Draft Flynns Beach Master Plan prior to finalisation of this planning process. 

 

Options

 

Council has the option to:

1.   Accept the recommendations as listed or

2.   Propose an amendment to the recommendations or

3.   Propose an alternative recommendation(s).

 

Community Engagement & Internal Consultation

 

Stage 1

Stage 1 of the community engagement process was carried out by the Community Participation team during the period 6 March to 3 April 2018.

 

The intent of the community engagement was to:

 

·    Find out how the community uses the Flynns Beach space and how they would like to see this space developed into the future;

·    Inform the community about the upcoming construction of the Flynns Beach Sea Wall; and

·    Gain feedback from the community about any issues and suggestions for improvement regarding parking in the Flynns Beach area (particularly on Pacific Drive).

 

The engagement timelines for Stage 1 were:

 

·    6 March - Post card campaign collecting information from the local community.

·    14 March - Community Engagement Pop-Up Session (afternoon)

·    18 March - Community Engagement Pop-Up Session (morning)

·    19 March - Community Engagement Pop-Up Session (weekend)

·    24 March - Community Think Tank Team

 

During this period the community were invited to:

 

·    Provide their feedback directly to Council,

·    Leave comments and make submissions at the pop-up engagement sessions

·    Provide feedback via post card campaign

·    Mail or email ideas to Council

·    Provide online feedback via Council’s Have Your Say website.

 

The purpose of the Community Think Tank Team session on the 24 March 2018 was for the community to meet the project team and to work through an enquiry by design process to assist in developing the draft Master Plan.

 

A total of 80 pieces of feedback were received from the community during this period:

 

·    46 were received via postcards, email and CRM’s

·    27 were received from Have your Say

·    7 conversation points were recorded at the pop-up engagement sessions.

 

In general there was a high level of support for the development of the Flynns Beach Master Plan with 80% of the submissions received specifically providing positive feedback in addition to constructive feedback on the concept design which was provided for comment.

 

Details of the engagement are included in the Flynns Beach Master Plan Engagement Report 2018 (Attachment 2). The following is a summary of the feedback received:

 

Proposed improvements

Description

Upgrade Furniture

 

More bench seats, tables and chairs with shade, additional BBQ’s spread across the green area from north to south.

Upgrade amenities

Toilet facilities currently outdated and very dark.

Playground

Installation of small playground at the northern area of the beach.

Fitness station

For active community users at the Northern end

Upgrade surf club

Multi-story to accommodate:

·         SLSC requirements

·         Amenities toilets and showers with hot water (solar or user pay)

·         Cafe

·         Storage for both Surf Schools

·         Hire Venue

·         Restaurant/ Bistro

·         Pedestrian bridge

·             Disability access

Fresh Water Bubblers and Bottle fillers

Currently there is only one bottle filler.

Access paths

Pedestrian walkway down the eastern side of Tuppeny Road from north to south to assist in keeping pedestrians safe.

 

Widen footpaths to better meet user requirements – wheelchairs, prams and pedestrians.

 

Direct pedestrians to edge of seawall pathway / boardwalk.

 

Steps from Tuppeny Road down to Surf Club need to be upgraded.

 

Footpaths along Pacific Drive especially eastern side.

Install stairs southern end of beach

Stair access to the southern end of the beach. This will prevent people trying to navigate their way down the embankment.

 

This will also assist people walking their dogs over to Nobbys Beach.

Beautification of the area

Maintain natural beauty of the area

Bush regeneration

Clearing/ tidy up of entrance to Tuppeny Road

Generally overgrown and needs maintenance.

Drop-off zone

To allow users (parents with children, people with disability) to drop people and beach items prior to finding a park. A space of approximately two parking spaces.

Area in front of Norm morgan row

Timber deck. The grass doesn’t grow in this area and it looks unattractive. This would also improve access as this area is uneven.

Extra beach shower

Installation of another beach shower at another exit point from the water that is accessible for all users.

memorial for bronson

Installation of seat and public art sculpture in memory of Bronson the young man who drowned at Flynns Beach in December 2017.

Tully’s Headland

Creation of a lookout with picnic tables

Pathway from north to south for pedestrian access.

Beautification of the area.

Indigenous signage

 

To identify the cultural significance and use of the area.

Creation of friends of flynn’s

 

Voluntary team who could tackle basic maintenance e.g. rubbish collection, planting and watering of new plantings etc.

TIDAL POOL

 

Strong support for a tidal pool at Flynns Beach was received, as was strong support against the tidal pool saying Flynns Beach is not the ideal/ appropriate beach for a tidal pool.

 

 

Feedback was also gathered regarding traffic management within the footprint of the draft Master Plan.

 

TOPIC

DESCRIPTION

Parking

Formalise southern car park.

Line mark all parking spaces identified in Flynns Beach

Pedestrian

Safety

Install pedestrian crossing at the base of the stairs from Pacific Drive and back of the Surf Club on Tuppeny Road.

 

Reduce the speed limit to 40km on Tuppeny Road and install speed humps to slow traffic.

 

Install flashing warning lights at the Pacific Drive crossing for pedestrian safety.

 

Install signage to alert traffic to slow down for pedestrian crossings.

Road Access

The southern end of Tuppeny Road is too wide and sometimes confusing to tourists or first time users to the beach. Suggest creating left and right turning lanes on the exit of Tuppeny Road.

 

Intersection of Home Street and Pacific Drive – Rocky Beach.

Due to the inclusion of a Median Refuge Island on Eastern Side of Pacific Drive:

·     Old line marking is confusing to motorists.

·     No “End of Cycleway” signage in either direction. No “Shared Path” markings or signage.

·     Potential need for edge line in this location.

·     Tuppenny Road – Flynns Beach – At Pedestrian Crossing Location behind the Surf Club: 

·     Vehicles not slowing down – driving well above 40km/hr.

·     Existing line marking faded – insufficient pedestrian refuge zones.

·     Poor sight distance for crossing especially on route from Beach to Walkway – where you have zero line of sight.

·     Little to no signage at this location emphasising shared path arrangement or potential crossing at this point.

·           Path is funnelling pedestrians to this point – without safe crossing conditions at bottom of stairs. Children in haste to get to beach just cross road without even knowing this is a roadway.

Cycle Path

Suggest a line-marked cycle path on Pacific Drive

The concerns raised by the community during the engagement and Council’s response to these concerns are shown below:

Topic

Response:

Ocean/ Tidal Pool

 

Council acknowledges community support for development of a tidal pool in the Port Macquarie-Hastings. Council's current focus in relation to swimming facilities is on the completion of the upgrades to Wauchope Pool, and planning for a new aquatic facility in Port Macquarie which has commenced this year. These projects have been prioritised over development of a tidal pool as both existing facilities were known to have significant structural issues.

 

A number of the ideas identified above have been incorporated into the draft Master Plan which, pending the outcome of this report, will be exhibited for further community engagement through Stage 2 of this process.

 

Next Steps - Stage 2

A comprehensive list of key stakeholders has been identified throughout this master planning process to date. These stakeholders are identified within the Community Engagement Plan (see Attachment 3) and will be invited to view and provide feedback on the draft Master Plan.

 

A number of key stakeholders were involved in a Community Think Tank Team (CTTT) during Stage 1 of the community engagement process. CTTT members were provided with copies of the draft master plan during June.

 

It is proposed to place the Draft Flynns Beach Master Plan on public exhibition from 22 July to 18 August 2019 to get community feedback on the proposed improvements for this significant community recreational facility. This feedback will inform the final plan which is proposed to be presented to September 2019 Ordinary Council Meeting for consideration.

Planning & Policy Implications

 

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

 

Ongoing planning across Council’s infrastructure network will be undertaken to achieve integration with existing assets and ensure safe and efficient operations of public roads whilst still meeting the intent of the master plan.

 

Financial & Economic Implications

 

There are no financial and economic implications in relation to this report at this time. Costs associated with master plan implementation will be considered and included in the report to be presented to the September Ordinary Council Meeting.

 

Attachments

 

1View. Flynns Beach Master Plan Study Area and Constraints Plan

2View. Flynns Beach Master Plan - Community Engagement Report

3View. Draft Flynns Beach Master Plan - Community Engagement Plan

4View. Draft Flynns Beach Master Plan

 

 


AGENDA                                                                                Ordinary Council

17/07/2019









 

 

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

17/07/2019

 

 

Item:          12.01

 

Subject:     Policy Review - Commercial Activities on Council Managed Land

Presented by:  Strategy and Growth, Holly McBride

 

 

Alignment with Delivery Program

 

3.2.1 Support vibrant commercial, tourism, recreational and/or community hubs across the region.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the feedback received during the recent exhibition and review of the Commercial Activities on Council Managed Land; 

2.       Agree the Policy remain in place unchanged, noting that implementation will have a greater focus on compliance activities;

3.       Note that concerns raised relating to paragliding activities since Council’s 2017 review and implementation of risk management improvements relate to Bartlett’s Beach and not the broader Local Government Area.

4.       Request the General Manager undertake a review of the adequacy of existing risk management controls associated with paragliding activities at Bartlett’s Beach, and that a report outlining the findings of this review be presented to the October 2019 Ordinary Council Meeting.

5.       Acknowledge the submissions received and advise submitters of the outcome of Council’s consideration of this matter.

 

Executive Summary

 

At the Ordinary Council Meeting held on 20 March 2019, Council noted a petition from Mr Bill Shelly regarding the impact of paragliding on Bartlett’s Beach Reserve, and resolved to undertake a review of the relevant Policy.

 

The existing Commercial Activities on Council-managed Land Policy, which manages all commercial activity of an on-going nature proposed for Council-managed land in the LGA, was subsequently placed on public exhibition from 21 May 2019 to 19 June 2019, to receive feedback regarding the operation of the existing Policy.  This Policy, together with Council’s Paragliding Licence Conditions and Site Rules, provide the framework under which local hang gliding, paragliding and paramotoring activities are allowed - both commercial operators, the Mid North Coast Flyers club and members of the Hang Gliding Federation of Australia.

 

During the recent exhibition period, nine (9) submissions were received providing feedback on the Policy, with feedback generally indicating Council needs to increase compliance activity against unlicensed operators using Council-managed land.  The information and petition provided by Mr Shelley, Mrs Shelley and Mr Tubergen regarding paragliding at Bartlett’s Beach was also considered as part of the review.  No further feedback was received from the community or other stakeholders regarding paragliding, during the exhibition period.

 

Discussion

 

At the Ordinary Council meeting held on 20 March 2019, Council resolved as follows:

 

“That Council:

1     Note the petition received opposing the destruction of Bartlett’s Beach Reserve through ongoing environmental and communal impacts from paragliders.

2     Note the General Manager will report a review of the appropriate policy to the June 2019 Council meeting.”

 

The Commercial Activities on Council-managed Land Policy (Attachment 1) was adopted by Council on 16 December 2015 and came into effect on 1 July 2016.  The Policy was prompted by an increased in the number of commercial operators in our parks and reserves, and an increase in community concerns regarding commercial operators having a negative impact on our public parks/reserves (e.g. fitness equipment on walkways, park benches being used for step-ups etc.).   The Policy was developed to support and encourage the sustainable use of Council-managed land for commercial purposes. The aim was to balance the interests of local business, the community and Council.

 

The adopted Policy was reviewed in December 2016, 12 months after adoption, with the exhibition period in early 2017 prompting minor changes.

 

The Policy has now been reviewed in the period May-June 2019, with no changes recommended to the Policy given the nature of feedback on the performance of the policy. 

 

This Policy, together with Council’s Paragliding Licence Conditions and Site Rules, provide the framework under which local hang gliding, paragliding and paramotoring activities are allowed - both commercial operators (whose customers contribute to our visitor economy), the Mid North Coast Flyers club and members of the Hang Gliding Federation of Australia.

 

Overview of Policy Performance

 

The Commercial Activities on Council-managed Land Policy has been successful in enabling a range of businesses to operate/commence operation in Port Macquarie, and grow through the affordable use of public land in the Port Macquarie-Hastings region. The Policy provides security to small businesses by enabling them to have authorised use of a suitable location for up to twelve months (i.e. the licence period).

 

There are currently 28 licenced operators across the region, and although most temporary licence holders operate in the sports/fitness industry (surf schools, personal trainers), a range of diverse services have also commenced operation on public land under this Policy, including kayak and SUP hire, yoga classes and UAV training. These diverse services are proving beneficial to the community, visitors, a variety of wellness activities, and valuable education and training.

 

During the life of the Policy, complaints from the general public - apart from those relating to paragliding at Bartlett’s Beach Reserve - have been extremely rare, with operators generally treating public land and equipment with the high level of respect that the community expects.

 

Overall the Policy has been effective in managing competing demand for public land, and supporting small businesses in activating new public lands with new experiences and activities.  That said, many operators have indicated through the community engagement process that they are concerned by a continued presence of “unlicensed operators” and an increase in compliance activity is required. To support Council compliance activities (which is proposed as a key focus in the immediate future) in key areas of concern, appropriate signage has been installed at the following parks and reserves flagging the need for commercial operators to be licensed:

-     Oxley Oval

-     Macquarie Park

-     Town Beach Reserve

-     Wayne Richards Park

-     Westport Park.

 

Public Exhibition

 

The public exhibition period is now complete with the outcomes of the exhibition process discussed below. All 28 licenced operators were contacted and encouraged to provide feedback during the exhibition period, and the exhibition was advertised and broader community comment invited.

 

There were a total of 180 visits to Council’s engagement website page during the exhibition period.  24 documents were downloaded or viewed, and nine (9) submissions were received by survey or open submission (refer Attachments 2-4 for detailed “Have Your Say” feedback).

 

The three commercial operators licenced under the Policy who responded indicated that they believe the Policy is effective in providing a management approach to commercial activities on Council-managed land, and balances the interests of local business, the community and Council. In addition to the current licenced operators, 50% of submissions from community members also felt the Policy was effective, with those that were against taking the position that the Policy was unnecessary given the limited conflict of public land use in the region, or was a “money grab” by Council. One commercial operator not licenced under the Policy, and not operating on Council-managed land, advocated for an overhaul to the Policy, suggesting that free Commercial-operator “registration” - rather than licencing, may reduce the unsated demand for compliance of unlicensed operators.  45% of those who provided feedback during the exhibition period felt that in implementing the Policy, Council needs to undertake more compliance activity to ensure all operators in these spaces are licenced.

 

Paragliding

 

At the commencement of the public exhibition period, Mr Bill Shelly, Mrs Rayleen Shelly and Mr Lucas Tubergen were advised of the policy review process, including that their recent petition and concerns would be considered. The opportunity to provide further information prior to the end of the public exhibition period was extended, however no further input was received during the exhibition period.

 

Concerns regarding paragliding at Bartlett’s Beach have been raised by the Shelly’s and Mr Tubergen over a number of years. In response, in 2016, the then Director Community and Economic Growth sought and reviewed feedback from the community to determine a way forward with the management of this coastal reserve. The site had been used by paragliders for many years to date. However, a number of community concerns were valid and staff consulted with paragliding stakeholders, including peak body Hang Gliding Federation of Australia, and identified a range of risk mitigation measures which were subsequently implemented through site signage, designation of launch sites, risk management plans and formal conditions of reserve use for commercial users and the local club, Mid North Coast Flyers. These arrangements have been in place for the last few years at a number of sites across the local government area including Oxley Beach and Shelley Beach in Port Macquarie, Bartlett’s Beach and Grants Head in Bonny Hills. Since that time, a number of community concerns associated with paragliding activities at Bartlett’s Beach Reserve have been raised with Council.

 

It is recommended that, given the isolated nature of the Bartlett’s Beach paragliding concerns, the General Manager undertake a review of the adequacy of existing risk management controls associated with paragliding activities at this location.

 

Options

 

Council has the option to amend or not to amend the Commercial Activities on Council-managed Land Policy identified within this report. Council may choose to:

1.       Retain the existing Policy unchanged

2.       Request further work be undertaken o the Policy review in conjunction with key stakeholders;

3.       Separate paragliding approvals from the Policy, and consider these under a different policy or process; or

4.       Remove Bartlett’s Beach from the approved paragliding operating locations; or

5.       Choose to place a draft amended Policy on exhibition to allow for public review and comment.

 

Community Engagement & Internal Consultation

 

The Policy that is the subject of this report was available for public comment from 21 May 2019 to 19 June 2019 (30 days).  During this period, nine (9) submissions were received, as follows:

 

Submission

Issue

1.

Suzanne Williams,

Shape up with Suzie,

Licenced Commercial Operator

 

Policy is effective, disappointed it is not enforced on unlicenced operators.

 

Response/

Comment:

Council has noted the feedback, and proposes to increase compliance activity as a priority.

 

2.

Linda Mueller,

Community Member

Council should not amend the Policy, feels Council should increase compliance activity against unlicenced operators.

 

Response/

Comment:

Council has noted the feedback, and proposes to increase compliance activity as a priority.

 

3.

Israel Redfern,

Rugbytots Mid North Coast,

Licenced Commercial Operator

Policy is beneficial for small business, providing an affordable way to grow an enterprise in the area. Feels the Policy could be amended to include a list of possible locations.

Response/

Comment:

Council has considered the feedback, and will direct new applicants to resources that will help them identify a suitable location, eg Sports Fields information on www.pmhc.nsw.gov.au, and Council’s interactive parks map.

 

4.

Louise Bisaro,

Community Member

Feels Council could monitor users more, so that paid users can utilise designated areas.

 

Response/

Comment:

Council has noted the feedback, and proposes to increase compliance activity as a priority.

 

5.

Corey Enfield,

Soul Surfing,

Licenced Commercial Operator

 

Policy is effective, feels there is a lack of monitoring and policing of the licences.

Response/

Comment:

Council has noted the feedback, and proposes to increase compliance activity as a priority.

 

6.

Michael Maher,

VO2 Performance,

Commercial Operator not operating on Council-managed Land

 

Policy is not effective, with limited return on time and funds for compliance activity required.

Suggests Council could amend to create ‘registered’ operators, with ‘registration’ focused on a check of appropriate certification and insurance.

 

Response/

Comment:

Council has noted the feedback. Based on broad feedback, it is assessed that the current approach is achieving a balance of Council, business and community needs and should be continued at this point, noting that a further Policy review will be scheduled for 2021.

 

7.

Shane Stelzer,

Port’s Mr Ice Cream,

Not operating under the Commercial Activities on Council-managed Land Policy

 

Policy is effective, sought feedback on s.68 policy affecting mobile food vendors.

Response/

Comment:

Council has noted the feedback, further enquiry directed to relevant section.

8.

Evan Humble,

Community Member

Sees few conflicts of use in open spaces in Australia, and suggests it is unlikely to happen soon due to “over-regulation of food sellers and small enterprises”. Did not comment on effectiveness of Policy.

 

Response/

Comment:

Council has noted the feedback.

9.

Matthew Connors,

Community Member

 

Believes it is wrong, and objects to this “impost and money grab by Council”. Recommends Council abandon the Policy.

Response/

Comment:

The Policy is designed to provide affordable access to public land for a diverse range of commercial operators. Anecdotal feedback from operators to date indicates the fee charged is commercially-viable and compares favourably to potential rental of other premises/spaces.

 

 

 

Planning & Policy Implications

 

It is recommended no changes be made to the Commercial Activities on Council-managed Land Policy.

 

Financial & Economic Implications

 

The Policy is managed within existing staff resource levels.

 

The fee structure for Temporary Licences, issued as part of this Policy, is considered as part of the development of the annual PMHC Schedule of Fees and Charges.  Revenue generated from these fees is set aside for investment in improvement of facilities at locations used by licenced commercial operators. To date, this has resulted in improvements such as investigation of a solar lighting installation at Shelly Beach, and installation of a water bottle refill station and an accessible kerb ramp at Oxley Oval.

 

Attachments

 

1View. Commercial Activities on Council Managed Land Policy adopted 2017-04-19

2View. Have Your Say Detailed Report

3View. Open Submissions Commercial Activities on Council-managed Land Review

4View. Survey Submissions Commercial Activities on Council-managed Land Review

 

 


AGENDA                                                                                Ordinary Council

17/07/2019









 

 

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

17/07/2019

 

 

Item:          13.01

 

Subject:     Rescission Motion - Proposed Orbital Road Project

 

 

 

Councillors Pinson, Griffiths and Dixon have given notice of their intention to move the following motion:

 

 

 

RECOMMENDATION

That the undermentioned motion adopted at the Ordinary Council Meeting held on 19 June 2019:

 

That Council:

1.       Note the strong community support, including published support from the State Member for Port Macquarie and Federal Member for Cowper, for the concept of an Orbital Road as an integral part of the future strategic transport network planning for Port Macquarie;

2.       Note the information provided in:

 a)     this Proposed Orbital Road Community Engagement Council report; and

 b)     the RPS Proposed Orbital Road Community Engagement Report being Attachment 1.

3.       Request the General Manager to proceed to the next stage of the proposed Orbital Road process, being the development of a Strategic Business Case, known as “Gate 1” (incorporating a Needs Confirmation Summary, known as “Gate 0”) as identified in the NSW Infrastructure Investment Assurance Framework.

4.       Note that the Strategic Business Case will take up to 24 months and will include both a review and assessment of (but will not be limited to):

a)      Findings to date (e.g. traffic network studies, Orbital Road Feasibility Study and recent community engagement);

b)      Investigation of alternate routes for an East-West link road (Ocean Drive to Oxley Highway) and a North-South link road (Oxley Highway to Boundary Street), including alternate upgrades to the existing road network assuming no alternate route crossing of the Lake Innes Nature Reserve;

c)      Planned traffic network improvements and upgrades to the existing road network, including Lake Road and Ocean Drive;

d)      Cost-benefit analysis of options to improve the traffic network;

e)      Project specific traffic studies;

f)       Environmental impact investigations (including heritage); and

g)      Social and economic impact investigations;

h)      Arrange value management workshops for the east-west link road options and north-south link road of the Orbital Road options to include Lake Road upgrade as an option to assist with ranking options on the basis of best value for the community, at a time determined by the General Manager within the strategic business case process.

5.       In proceeding with the Strategic Business Case, will engage and partner with relevant agencies including:

a)      Roads and Maritime Service (RMS)/Transport for NSW (TfNSW)

b)      NSW Office of Environment and Heritage (OEH)

c)      NSW National Parks and Wildlife Service (NPWS)

d)      NSW Department of Planning and Environment (DPE).

6.       Note the strategic importance of a flood-free Primary Airport Access Road, regardless of any other link roads, and request the General Manager to separate the flood-free Primary Airport Access Road from the proposed Orbital Road project (including that project’s Strategic Business Case) and to progress planning for a flood-free Primary Airport Access Road as a stand-alone priority, including consultation with RMS/TfNSW and the community.

7.       Request the General Manager to establish a Proposed Orbital Road Community Consultative Committee that will be guided by a Council-adopted Charter (yet to be determined), with membership of the Committee to be determined via a formal Expression of Interest process, ensuring that a broad cross-section of interests and expertise are represented on the Committee.

8.       Request the General Manager to develop a communications and engagement plan to cover the period of the development of the Strategic Business Case, as a way of keeping the community informed and engaged, including via the Community Consultative Committee, in a transparent and timely manner in relation to progress of the project.

9.       Request the General Manager to develop a plain English version of the Port Macquarie-Hastings Council Area Wide Traffic Study, which is then to be made available to the public via the Council web site.

10.     Request the General Manager to write to the State Member for Port Macquarie, Leslie Williams MP, seeking ongoing support for Port Macquarie-Hastings traffic network improvements and $400,000 in grant funding as a co-contribution towards the estimated $800,000 cost to develop the Strategic Business Case, with Council also to contribute $400,000.

11.     Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to the public, through appropriate communication channels, including Council’s web site.

12.     Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above such as TfNSW, OEH, NPWS, DPE and any others deemed applicable, as well as to the State Members of Parliament for Port Macquarie and Oxley and the Federal Members of Parliament for Cowper and Lyne.

13.     Thank the community for the feedback received during the engagement period in relation to the proposed Orbital Road and other traffic network improvements and request the General Manager advise those who made submissions of Council’s determination in this matter.

14.     Request the General Manager to table a report at the September 2019 Council meeting detailing progress on the resolutions of Council as they relate to this Proposed Orbital Road Community Engagement report and traffic network improvements generally.

 

be rescinded.

 

Should the rescission motion be successful, it is the Councillors’ intention to move the following motion:

That Council:

1.       Note the information provided in:

a)      The proposed  Orbital Community Engagement Council report and;

b)      The RPS Proposed Orbital Road Community Engagement Report, Attachment 1

2.       Thank the community for the extensive feedback received during the engagement period in relation to the proposed Orbital Road and request the General Manager advise those who made submissions of Council’s determination in this matter.

3.       Note community feedback supported the concept of an Orbital Road to alleviate traffic congestion but strongly oppose the current ‘preferred viable route’ within the investigation zone (Greenmeadows to Oxley Highway and Fernhill Road to Boundary Street)

4.       Discontinue and abandon the current and any future investigations within the currently defined investigation area for the East / West link (Ocean Drive to Oxley Highway).

5.       Discontinue and abandon any realignment of Fernhill Road to a new intersection on the Oxley Highway as part of any future Port Macquarie Airport Access Road.

6.       Request the General Manager utilise previous Orbital Road concept plans, consultant reports and community engagement and survey reports as a learning tool for future investigation zones.

7.       Request the General Manager proceed to the development of a Strategic Business Case using the framework of ‘Gates’ which are identified in the NSW Infrastructure Investment Assurance Framework

8.       Note that the Strategic Business Case will include a review of, but not limited to;

a)      Findings to date following extensive community engagement

b)      Project specific traffic studies and the Port Macquarie-Hastings Council Area Wide Traffic Study

c)      Investigation of a minimum of three alternate routes for the crossing of Lake Innes Nature Reserve for the purposes of community feedback, noting that this excludes the route as determined by the current investigation area.

d)      Environmental impact investigations with inclusion of the Koala Recovery Strategy

e)      Social and Economic impact investigations

f)       Planned road upgrades to the existing road network

g)      Identification of options for a strategic staged implementation of new road networks and linkages

h)      Engage and partner with;

·        Transport for NSW (Previously known as RMS)

·        Department Planning Industry and Environment (Previously known as OEH)

·        NSW National Parks and Wildlife Service

·        State Member for Port Macquarie Ms Leslie Williams

·        Federal Member for Cowper Mr Patrick Conaghan

i)        Arrange value management workshops to the east-west and north-south section of the proposed Orbital Road to assist with ranking options on the basis of best value for money.

9.       Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to the public, through appropriate communication channels.

10.     Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above along with any other agencies deemed applicable.

11.     Request the General Manager write to the Member for Port Macquarie, Leslie Williams MP and the Member for Cowper, Pat Conaghan MP seeking a meeting or meetings to discuss potential future funding opportunities for the proposed Orbital Road.

12.     Request the General Manager to establish a proposed Orbital Road Community Consultative Committee that will be guided by a Council adopted charter (to be formally determined), with membership of the Committee to be determined via a formal Expression of Interest process, ensuring that a broad cross-section of interests are represented on the Committee.

13.     Request the General Manager to develop a communications and engagement plan to cover the period of the development of the Strategic Business Case, as a way of keeping the community informed, including via the Community Consultative Committee, to enable full transparency.

14.     Request the General Manager to develop a plain English version of the Port Macquarie-Hastings Council Area Wide Traffic Study, which is then to be made available to the public via the Council website.

15.     Request the General Manager to table a report at the September 2019 Council meeting detailing progress on the resolutions of Council as they relate to this Proposed Orbital Road Community Engagement report recommendations.

Comments by Councillors (if provided)

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          13.02

 

Subject:     Notice of Motion - Petition for Second Entry/Exit to Crestwood Estate

 

 

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the petition from residents and regular visitors to Crestwood Estate requesting that prior to the finalisation of the planned duplication of Ocean Drive, that Council make the proposed emergency exit a permanent entry/exit to the Estate by regular vehicular traffic.

2.       Request the General Manager table a report to the September 2019 Council meeting detailing the following:

a)   The feasibility of including a permanent secondary access into the Crestwood Estate through the design work already undertaken for the upgrade / duplication of Ocean Drive and what would be involved in doing this; and

b)   Any other additional access options for the Crestwood Estate.

 

Comments by Mayor (if provided)

 

Council has received a petition from residents of Crestwood Estate (or regular visitors to the Estate) requesting that prior to the finalisation of the planned duplication of Ocean Drive, that Council make the proposed emergency exit a permanent entry/exit to the Estate by regular vehicular traffic. A copy of the petition has been tabled for information.

 

The residents/visitors have stated that with the continued expansion within the Estate, there are significant delays experienced in exiting the Estate, particularly during workweeks (outside of school holidays).

 

This is particularly noticeable at the intersection of upper Crestwood Drive and lower Crestwood Drive which becomes a congested intersection during these periods and relies on the courtesy of drivers with right-of-way to allow egress to other drivers.

 

The residents are concerned that along with the continued expansion of the Estate with a significant number of dwellings yet to be built that this will add loaded stress on the single entry/exit point from the Estate.

 

In light of the above information provided by the residents, a request is being made as to how Council might take a secondary access into consideration with the future planned works along Ocean Drive.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          13.03

 

Subject:     Bold Street Laurieton Pedestrian Crossing

Presented by:  Infrastructure, Jeffery Sharp

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note that Council staff recommend a mid-block (Option 1) alignment for the position of the Bold St Laurieton pedestrian crossing for the reasons as detailed in this report.

2.       Request the General manager undertake additional community engagement for a period of 28 days from 22 July 2019, regarding the preferred location of the Bold St Laurieton pedestrian crossing, ensuring that the mid block (Option 1) and the two alternate crossing locations are included in this engagement process.

3.       Request the General Manager provide a report to the September 2019 Council meeting summarising the outcomes of the community engagement.

4.       Request the General Manager write to the local Member for Port Macquarie, Leslie Williams MP requesting an extension to the current grant funding agreement for the Bold Street Laurieton pedestrian crossing, to cater for the additional community engagement process and related timelines.

 

Executive Summary

 

At the 15 May 2019 Ordinary Council meeting staff presented a report to Council in response to a question from the Mayor regarding the process undertaken to determine the proposed location of the pedestrian crossing in Bold Street Laurieton.

 

Following this Council resolved:

 

RESOLVED: Pinson/Dixon

 

That Council:

1.         Note the information provided in this report.

2.         Note the tabled Petition of over 600 signatures to locate the pedestrian crossing on Bold Street Laurieton and investigate the crossing being constructed between the entry and exit of the Coles Supermarket carpark and the Chemist Shop.

3.         Defer commencement of pedestrian crossing works in Bold Street Laurieton for the purpose of reviewing the location of the crossing.

4.         Request the General Manager report to the July 2019 Council Meeting on the feasibility of moving the crossing including the safety, financial and other impacts of doing so.

5.         Note that this deferral is likely to delay the project beyond the terms of the current funding agreement.

CARRIED: 8/0

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

AGAINST: Nil

 

In response to this resolution, Council staff have assessed the feasibility of relocating the crossing between the between the entry and exit of the Coles Supermarket carpark and the Chemist Shop.

 

Discussion

 

Project Background

 

The concept masterplan for the upgrade of Bold Street Laurieton was completed in May 2017. This Masterplan (refer Figure 1) shows a proposed Mid-Block pedestrian crossing, along with other upgrades to footpaths, lighting and additional vegetation.

The location of the pedestrian crossing adopted in the Masterplan was based on the 2015 Pedestrian Access and Mobility Plan (PAMP).

 

Figure 1 - 2017 adopted Bold Street Masterplan extract

 

In October 2017 Council subsequently applied for funding under the Stronger Country Communities Fund to construct the pedestrian crossing based on the current Masterplan. Following funding success, detailed design and planning for the project commenced. At this stage it was noted that limited community consultation on the overall Masterplan had taken place and was to be completed as part of the design process.

 

In July 2018, following significant investigations by Council’s design staff, the preliminary detailed design was completed specifying the pedestrian crossing be located adjacent to 73 Bold Street (consistent with the Masterplan of 2017).

 

Following the completion of the preliminary design Council commenced the community consultation process. This process involved:

 

·    25 Oct 2018 - Council mailed 38 individual letters to those businesses/owners/tenants/residents directly adjacent to the new works to provide advice on the time when Council’s Project Manager/Community Participation Officer would visit to discuss the project details.

·    25 Oct 2018 - Council mailed 19 individual letters to businesses/owners/tenants/residents in Bold Street between and Seymour and Tunis Streets indirectly affected by the works with a copy of the preliminary design, details on construction timing and advice that further updates/discussions will be provided prior to commencement.

·    6 November 2018 - Face to face meetings were held with Council’s Project Manager and Community Participation Officer and the individual businesses as listed below to discuss project details.

 

Mark G Hammond Funeral Service

The Pied Piper

Laurieton Hardware Thrifty Link

Delizioso

Higgins & Dix

PDD Advisory Group

Camden Haven Travel

The Department Store

Forgiving Foods

Network Video

Property Haven

Bowls n Beautiful (owner not available - left details for owner to contact Council staff)

Camden Haven Chiropractic (owner not available - left details for owner to contact Council staff)

 

Following these face to face discussions a number of follow up e-mails were also sent between businesses and Council staff confirming discussions and providing further details when requested by the Businesses.

 

·    7-14 November 2018 - Design Plans issued from Council staff to the businesses listed below:

Laurieton Hotel

Searson Shannon & Co

HCCU

The Department Store

NAB 

TSG & YPF Fashion

Property Haven

 

·    14-19 November 2018 - Further face to face meetings with the following businesses 

Graham Linn - LinnFM Facility Managers 

David Tooby - King & Campbell

Glenn Knight - Laurieton Hotel

Tye Morgan - Coles

 

·    3-15 April 2019 - Phone call and face to face with the following business

Delizioso

 

·    12-26 April 2019 - Phone call and provided project details to the following business:

Jade Garden Chinese Restaurant

 

·    21 May 2019 - Council provided 35 individual letters to all owners/occupiers of Bold Street between Seymour and Tunis Streets regarding the deferral of project commencement.

 

The outcomes of the consultation with the impacted businesses were considered to be positive overall, with the majority of the business owners consulted generally being supportive of the crossing location and accepting of the potential impacts during construction. It is noted that one property owner did suggest that the crossing be located closer to the Coles entrance/exit as a high number of pedestrians travel between Coles and the Pharmacy.

 

Following this process, Council staff determined to proceed to the detailed design stage with minimal changes to the proposed design. As part of this process, In October 2018 the pedestrian crossing was considered by the Local Traffic Committee (LTC) with overall support of the proposal by the Committee members. This was then reported to Council for consideration on 12 Dec 2018, with Council resolving to proceed in the location included in that report.

 

Responding to concerns from the community, at the April 2019 Council meeting the Mayor requested that the General Manager provide detail on how the decision was made to place the crossing in its currently proposed location. A response to this question was then provided at the May 2019 Council meeting that generally reflects the above information. A petition containing over 600 signatures was also tabled at the May 2019 Council meeting in support of an alternate crossing location. Following consideration of this information at the May 2019 Council meeting, Council resolved to defer construction of the crossing and investigate the feasibility of its relocation.

 

Since this time various residents, other business owners on Bold Street and members of the broader community have raised concerns regarding the proposed location of the pedestrian crossing, specifically noting that locating the crossing further north, near the Coles entry/exit and Pharmacy would be more suitable given the high number of pedestrians crossing in that location. It was also raised that elderly or disabled pedestrians crossing between Coles and the Pharmacy would not be able to make use of the new pedestrian crossing as it would be too far to the south. It should be noted that some businesses have reconfirmed their support for the original location as currently designed.

 

Assessment of Pedestrian Location Options

 

Following the Council resolution in May 2019, as noted above, further investigations have been undertaken by Council staff into the feasibility of re-locating the proposed pedestrian crossing to the location suggested in the Petition also tabled at the May 2019 Council meeting. For reference an excerpt from the current (option 1) design proposal is shown in Figure 2.

 

 

Figure 2 - Option 1 proposed pedestrian crossing location

 

As part of these investigations a further two (2) potential alternative crossing locations have been investigated. The first alternative option (Option 2) involves shifting the proposed crossing to the northern side of the existing bus shelter, approximately midway between the option 1 location and the Coles entry/exit as shown in Figure 3 below.

 

Figure 3 - Option 2 - mid-carpark pedestrian crossing location

 

The next alternative option investigated (Option 3) was the relocation of the crossing even further north to be closer to the frontage of the Pharmacy. A sketch showing this option is shown in Figure 4 below.

 

 

Figure 4 - Option 3 Northern crossing location (Coles to Pharmacy)

 

The outcomes of these investigations are summarised below for each alternate option for comparison. The pros and cons of each option have also been summarised in Table 1 below to assist in comparison.

 

The pros and cons for each option have been developed in consideration of the aims and objectives of constructing this crossing. These include:

·    Provide a pedestrian (zebra) crossing to give pedestrians right of way when crossing Bold Street to improve safety and accessibility to the various businesses.

·    Provide a crossing in a location that is most suitable for all users, including people of all ages and physical capacity. (as per Austroads Design Guide). A Mid-block crossing was originally proposed in the Master Plan to serve this purpose.

·    Minimise impacts on current parking arrangements on Bold Street

·    Minimise disturbance to the existing bus and taxi zones

·    Minimise disturbance to the existing businesses and parking loss

·    Provide a cost effective solution that best utilises the funds outlined in the funding deed ($347,000), noting that Council will need to cover the costs of any expenditure beyond this amount.

 

Option 1 - Centrally Located (Mid-Block) crossing

 

The current crossing location (refer Figure 2 above) was selected in the original Master Plan and then later confirmed by Council’s planning and design staff as it represents a central crossing location that has minimal impact on car parking and surrounding businesses as per the project objectives listed above.

 

The benefits of this option include:

 

·    The crossing is located as close as possible to the Mid-Block and is considered to provide the most equitable, safe crossing location of all the options due to its central location.

·    No impact on turning movements to or from the Coles Carpark

·    No impact on the taxi or bus bays

·    There is an opportunity for outdoor dining at the restaurant on the western side of the street.

·    The works will improve the footpath grades at the real estate and bottleshop driveway as the current, steep paths will be removed and replaced to current disabled access standards.

·    This option was supported by the majority of nearby business owners during the consultation process carried out by Council staff.

·    Removal of the least number of carparks of all options (9)

 

The negatives of this option include:

 

·    Option 1 is located further from the Pharmacy than the other two options which, as raised in the community Petition may limit the suitability of the crossing for pedestrians with limited mobility travelling between Coles and the Pharmacy.

·    Option 1 has a higher cost ($580,000) when compared to Option 3 ($430,000) as reconstruction of additional driveways and footpath is required. However, as some of these works would be completed as part of the overall Master Plan implementation in future, it would not be wasted funds.

 

Option 2 - Mid-Carpark crossing location

 

As shown in Figure 3 above, this option involves shifting the crossing to the north to be situated between the preferred crossing location (southern end of the Coles carpark) and the Coles entrance/exit. This places the crossing approximately central to the Coles carpark which was selected to provide a compromise between the current location and the location requested in the community Petition (Refer Figure 4), which is biased towards the northern end of the street potentially limiting the use for pedestrians to the south.

 

The benefits of this option include:

 

·    Still provides a reasonably central crossing location whilst being positioned closer to the Pharmacy, as outlined in the Petition.

·    Reduces the impact on businesses on the western side, particularly the bottleshop driveway as the crossing is located adjacent to the carpark.

·    Is easier to construct on the western side as the site is flatter than the current location.

 

This option does however, have some significant drawbacks including some serious safety concerns. The negatives to this option include:

 

·    The location of the central pedestrian refuge reduces the length of the right turn bay into the Coles carpark by approximately 1 car space. This will reduce the level of service of the turning lane and will lead to an increased chance of vehicles backing up into the travel lane. Further investigations may be required to test the significance of this should this option be progressed further.

·    Relocation of the taxi rank would be required, impacting the taxi business (previously advised of no impact) and requiring the removal of 5-6 carparks to provide adequate room for the relocated taxi rank.

·    The bus zone would require shortening and allow for one bus park only. The bus bay currently allows for one and half buses (or two parked temporarily)

·    Requires a ramp with a retaining wall on the eastern side of the road due to the steep existing ground surface as shown in Figure 5. This would add reasonably significant expense to the construction.

·    Requires the removal of the most carparks of all the options, totalling eleven (11) versus the nine (9) being removed in the current proposal.

·    An increased risk of a pedestrian/vehicle conflict when compared to the other options. This is a result of the close proximity of the crossing to the Coles carpark exit. Drivers existing the carpark, travelling South are required to look north for on-coming traffic before immediately turning to the south to check for pedestrians crossing as demonstrated in Figure 6 below. Pedestrians using the footpath and vehicles reversing out of the adjacent car parking also complicated this movement increasing the risk of a collision.

·    Poor site distance is available for pedestrians on the western side of the crossing due to the proximity of the bus stop.

·    This option is the most expensive ($620,000) due to the need for retaining walls on the eastern side.

 

 

Figure 5 - Steep eastern side of crossing Option 2 to be addressed.

 

 

 

Figure 6: Risk of Conflict between pedestrians and vehicles

 

 

Option 3 - Northern crossing location (Coles to Pharmacy)

 

Option 3 (refer Figure 4) has been investigated following the submission of a community Petition suggesting that the highest pedestrian movement on the street is to and from the Coles entrance/exit to the Pharmacy and the crossing should therefore be located here.

 

It has been raised that if the crossing is constructed in its current proposed location, pedestrians would need to walk an additional 120m to get from Coles to the Pharmacy if they wished to utilise the crossing. This could be particularly arduous for disabled pedestrians and may lead to people crossing the road at the front of Coles rather than utilising the new crossing.

    

The benefits of this option include:

 

·    Pedestrians travelling from Coles to the Pharmacy or other nearby businesses would have a safe direct route to cross the road.

·    No impact on turning movements to or from the Coles Carpark

·    A central pedestrian refuge would not be required as the road is narrower in this location

·    Minimal disruption to businesses on the western side of the road as Coles is located here.

·    The newly constructed footpath at the front of the chemist could be utilised, reducing the cost of construction.

·    No impact on the taxi or bus zones would be required.

·    This is cheapest of all the options costing an estimated $430,000 (compared to $580,000 being the cost of the current proposal)

 

There are decreased safety concerns when comparing this to Option 2 however, a number of negatives were also identified in investigating this option. These include:

 

·    This option moves away from the concept of a Mid-Block crossing as is the current proposal and providing a significant bias towards the northern end of the street.

·    The crossing in this location is very close to an existing pedestrian refuge which is located approximately 40m to the north.

·    As outlined above, one of the key objectives of the crossing is to provide safe access for as many people as possible, minimising the number of people crossing the road in random locations. Although the crossing would be situated at an area of high pedestrian demand it is expected that as there is such a significant bias towards the northern end of the street more pedestrians would not be using the crossing overall.

·    If the crossing were to be positioned in this location there may still be a need to place an additional crossing towards the southern end of the street to meet pedestrian demand. This would likely not be acceptable to the RMS given the close proximity of pedestrian crossings is not preferred.

·    This crossing location would lead to the removal of approximately 11 carparks which would include six (6) directly in front of the chemist. Consultation has not occurred with the chemist regarding this at this stage.

·    If the crossing is constructed to serve pedestrians moving between specific businesses, there is a reasonable risk that if in future these businesses no longer operate in these locations the crossing will be out of place and potentially require relocating.

 

For ease of comparison, Table 1 below summarises the pros and cons of each option.

 

Table 1 - Comparison of Options

Option

Pros

Cons

Current

·      Mid-Block Crossing providing equitable location for entire street

·      No impact on turning in or out of Coles Carpark

·      No impact on Bus or Taxi’s

·      Creates opportunity for outdoor dining

·      Supported by nearby business owners

·      Improves grades on footpath and driveways on western side of Bold St.

·      Located further from Coles and the Pharmacy as requested in the community Petition

·      Higher cost than option two at $580,000 - although additional costs would not be wasted money due to future upgrade requirements

Option 2

·      Reasonably central location however, closer to the high pedestrian area of Coles/Pharmacy

·      Reduces impact on businesses on the western side of Bold St

·      Easier to construct on western side.

·      Reduces length of Coles carpark turning lane by approx. 1 car space

·      Taxi rank would require relocation impacted 5-6 carparks

·      Bus Zone would be shortened

·      Requires retaining wall and ramp on eastern side of Bold St

·      Removal of the most carparks of all options (11)

·      Introduces risk of collisions with vehicles exiting Coles and pedestrians using the crossing

·      Poor site distance for pedestrians on western side of Bold St due to proximity to bus bay

·      The most expensive option ($620,000)

Option 3

·      Suits area of high pedestrian demand from Coles to the Pharmacy as requested in the community Petition

·      No impact on turning in or out of Coles Carpark

·      No impact on Bus or Taxi’s

·      No central refuge required

·      Minimal disruptions to businesses on western side due to location of Coles

·      Minimal works required on eastern side

·      The cheapest of all options at $430,000

1.      

·      Provides a significant bias towards the northern end of the street.

·      Limits use for pedestrians at the central and southern end of the street

·      Located close to an existing refuge (40m)

·      Additional crossings may still be required, would potentially not be supported by RMS.

·      Leads to the removal of 11 carparks

·      6 carparks would be removed directly at the front of the chemist

·      If businesses move in future the crossing may be redundant in this location.

 

Along with the above mentioned pros and cons for each option, the following should also be considered by Council in determining the most suitable crossing location.

 

2.            Community Consultation

 

Should the crossing be moved to one of the alternative locations outlined in this report (options 2 or 3), an additional consultation period would be recommended to allow the businesses and broader community members that would be impacted by the new proposal to voice their opinions. It is possible that moving the crossing would lead to concerns from other business owners, in particular the Pharmacy, which could lose six (6) parks along their frontage under one of the alternate options.

 

Local Traffic Committee Approval (LTC)

 

Moving the crossing by a significant distance (options 2 or 3), such as adjacent to the Pharmacy, would require new LTC approval. In addition, the location must meet Roads and Maritime Service (RMS) warrants (a calculation based on volume of pedestrians and vehicles).

 

 

 

 

Requirements of the Funding Deed

 

The current funding milestone for completion of the project is 31 March 2020. Early advice from the funding body has suggested that this date is fixed and there is a risk that if this milestone cannot be met the funding may be withdrawn.

 

Should the crossing location be moved, it would likely mean a lead time of approximately 3-6 months would be required to re-design the crossing, receive relevant approvals and complete community consultation. This would mean that the funding deadline would not be met and Council may have to fund the project in its entirety.

 

Re-design Fees

 

Additional costs would be incurred to re-design the crossing in a new location. Additional works required to progress to construction of a crossing in a new location would include:

·    Survey of new crossing location

·    Detailed design (concept design completed as part of this reporting)

·    Project Management fees to revise construction planning documents and oversee community consultation period.

 

In total these additional works are expected to cost approximately $30,000.

 

Summary

 

Following completion of the detailed design of the Bold Street pedestrian crossing concerns were raised by the community, suggesting that the crossing may be more suitably located between Coles and the Pharmacy, as this is the area of highest pedestrian demand.

 

Following this (in line with the May 2019 Council resolution), Council staff have further investigated the feasibility of relocating the crossing closer to the Coles entrance/exit and the Pharmacy. The results of this investigation generally found:

·    The current option (Mid-Block crossing) is a reasonable proposal that minimises the impacts on carparking and businesses whilst providing an equitable, Mid-Block crossing location for the entire community that would remain functional should business usages change in the future. The main negative to this proposal is that some pedestrians travelling between Coles and the Pharmacy may not use the crossing due to its distance from this location.

·    Option two (between Coles and the current location) was determined to not be a suitable option given the safety risks that would be introduced if the crossing were constructed in this location. This option is also the most expensive has a significant impact on parking.

·    Option three (at the Pharmacy frontage) was also determined to be a reasonable option given it is the cheapest of the three options and would provide a crossing in a location for those pedestrians wanting to access the Pharmacy after visiting Coles (particularly disabled pedestrians). However, some negatives were also identified with this option, the key ones being that this location is significantly biased towards the northern end of the street where an existing pedestrian refuge is already located and does not provide an equitable crossing location for all pedestrians and businesses. This option would also remove approximately two (2) additional carparks when compared to the current option including six (6) located directly in front of the Pharmacy.

 

Council acknowledges that an oversight was made during the community consultation process in limiting the consultation to the impacted business owners and not consulting further with the broader community and businesses on Bold Street. As this information is also important to consider when making this determination it is recommended that Council undertake further consultation and more structured monitoring of the pedestrian activity on Bold Street, particularly in the two preferred crossing locations in order to confirm the most preferred crossing location.

 

Options

 

Council can resolve in line with the recommendations as included in this report, or Council may choose to proceed to construction with one of the options outlined in this report.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to this Council report.

 

A level of community engagement has already taken place in relation to the location and construction of the pedestrian crossing, as detailed earlier in this report.

 

One of the recommendations included in this report is to undertake further community engagement on the preferred location of the Bold St Laurieton pedestrian crossing, prior to a final decision being made by Council.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The proposed additional community and business engagement recommended within this report will delay construction commencement by a further 2 months minimum. A formal request to extend the funding agreement for this project will need to be progressed and is proposed as part of the recommended resolution.

 

The following construction costs are associated with each of the options:

·    Option 1: $580,000

·    Option 2: $620,000

·    Option 3: $430,000

 

It should also be noted that should Council resolve to relocate the crossing as per Options 2 and 3, there is a risk that the funding may be withdrawn as the deed milestones can no longer be met due to the need for an additional detailed design process. This would mean that Council may be required to fully fund the project which would mean an extra $387,000 would be required to fund Option 2 and an additional $197,000 if Option 3 is adopted.

 

Attachments

 

1View. Bold Street Pedestrian Crossing Option 1 Concept Plan

2View. Bold Street Pedestrian Crossing Option 2 Concept Plan

3View. Bold Street Pedestrian Crossing Option 3 Concept Plan

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          13.04

 

Subject:     North Brother Local Catchments Flood Study - Public Exhibition Submissions Report

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

4.2.1 Develop and implement coastal, estuary, floodplain, and bushfire management plans.

 

 

 

RECOMMENDATION

 

That Council:

1.       Adopt the North Brother Local Catchments Flood Study (2019) report (Attachment 1).

2.       Acknowledge the submissions made during the exhibition period and advise those who made submissions of the outcome of Council’s consideration of this matter.

3.       Proceed with the Floodplain Risk Management Study (FRMS) phase.

 

 

Executive Summary

 

The purpose of this report is to provide details and feedback relating to the submissions received as a result of the public exhibition of the draft North Brother Local Catchments Flood Study (2019) (Attachment 1).

 

At its meeting on 15 May 2019, Council resolved to publicly exhibit the draft North Brother Local Catchments Flood Study report for a minimum of 28 days.

 

The report was placed on public exhibition from 20 May to 30 June 2019 (42 days), with a total of eight submissions being received during that time.

 

This report documents the findings from the Stage 1 (Flood Study) investigations and provides a summary of the public exhibition process and submissions received during this phase.

 

This report recommends that Council proceed to endorse the findings of the North Brother Local Catchments Flood Study (2019).

 

This report has not produced Flood Planning Area (FPA) mapping and there are no changes to the Port Macquarie-Hastings Flood Policy (2018) proposed under this phase of the project.

 

This report also recommends that Council continue to progress this project with the commencement of Stage 2, being the North Brother Local Catchments Floodplain Risk Management Study.

 

Discussion

 

Study Overview

In mid-2017 Council engaged Jacobs Pty Ltd to undertake the Floodplain Management Process for North Brother. Part of the Floodplain Management Plan is to determine the nature and extent of the flooding in this area (ie. the preparation of a Flood Study).

 

The North Brother Local Catchments Flood Study was conceived following a desire to quantify and sequentially address the range of existing ongoing local overland stormwater flooding issues experienced within the catchment.

 

Whilst Council is aware of numerous existing stormwater overland flooding issues, a holistic catchment wide approach to the identification and assessment of those issues was required to ensure that remedial actions and funding for those actions was prioritised based on catchment wide risks.

 

It is important to note that whilst the report is termed a ‘Flood Study’, the primary focus is local overland stormwater runoff generated from North Brother Mountain. This needs to be kept in mind when considering the modelling techniques and results generated as part of this investigation as they vary considerably to riverine flood investigation techniques.

 

Study Results

The draft North Brother Local Catchments Flood Study has modelled a range of design storm events including the 20% and 5%, 2%, 1% and 0.5% Average Exceedance Probability (AEP) flood events and the Probable Maximum Flood (PMF).

 

Stage 1 of this project represents the culmination of significant data collection and analysis, community consultation, survey, analysis and hydraulic modelling and defines the extent of and risks associated with flash flooding to the catchment.

 

The report has been prepared by consultant Marsden Jacob Associates and has been completed with input from the public, OEH technical specialists and Council staff.

 

Mapping of stormwater flood depth and flow velocity was undertaken for all event AEPs.

 

Provisional Risk and Hazard mapping has also been completed, however this mapping is for information only and will be considered further during Phase 2 of this project - the Floodplain Risk Management Study.

 

The analysis, consultation, modelling and mapping undertaken to prepare the draft North Brother Local Catchments Flood Study clearly highlights the extent of the existing overland stormwater flood issues to the local community.

 

Whilst the modelling highlights significant deficiencies in the existing stormwater drainage and overland flow management measures within the study area, the next phases of this project will develop management options for the catchment to address the identified risks in respect of both existing and future developments.

 

Exhibition

At its meeting on 15 May 2019, Council resolved to publicly exhibit the draft North Brother Local Catchments Flood Study report for a minimum of 28 days. The report was placed on public exhibition from 20 May to 30 June 2019 (42 days).

 

As part of the public exhibition process:

·    Letters were sent to all property owners and residents in the study area to advise of the draft Flood Study (approximately 2,270 invitations to view/contribute were posted);

·    A further email invitation to view and comment on the draft Flood Study was sent to an email subscriber list of 85 residents/landowners who had previously contributed to the study;

·    Key local development and construction industry representatives were notified via the Construction Industry Connect newsletter;

·    Two public ‘drop-in-sessions’ were held at Laurieton Library. These sessions were attended by approximately 80 residents in total and was facilitated by Council Technical Staff and a representative of the Flood Consultant (Jacobs);

·    A ‘Have Your Say’ webpage on the PMHC website was established providing copies of the flood study and inviting electronic submissions via an online form;

·    Weekly ‘community now’ notices in the Camden Haven Courier were published.

·    The Draft Flood Study was posted on Council’s social media account;

 

In addition to the above, the Camden Haven Courier ran two separate articles on the study on 13 and 26 June 2019. Both these articles advised the readers to view the proposal on Council’s ‘Have Your Say’ website.

 

Options

 

The NSW State Government’s Flood Prone Lands Policy and Floodplain Development Manual (2005) provides a framework to ensure the sustainable use of floodplain environments. The Policy (among other things) provides a means of ensuring that any new development is compatible with the flood hazard and does not create additional flooding problems in other areas.

 

Under the Policy, the management of flood liable land remains the responsibility of Local Government. The State Government subsidises flood mitigation works to alleviate existing problems to assist Councils in their floodplain management responsibilities, but only where the State Government floodplain management process has been followed.

 

The draft North Brother Local Catchments Flood Study (2019) has been developed in accordance with the NSW Government’s Flood Prone Lands Policy and Floodplain Development Manual (2005).

 

It is recommended that Council:

·    Endorse the North Brother Local Catchments Flood Study (2019), and

·    Proceed to the Floodplain Risk Management Study phase.

 

Council may consider other options, including:

1.   Approve the draft Flood Study.

2.   Not approve the draft Flood Study.

Community Engagement & Internal Consultation

 

Have Your Say

During the public exhibition period, 250 people viewed the PMHC Have Your Say site with 94 people downloading the documentation.

 

At the close of the public exhibition period 197 people were aware, 103 participants were informed and 6 were engaged through using the PMHC Have Your Say site. As a result, 6 submissions were made via the website.

 

Drop-in Session

Approximately 80 people attended the two public drop-in sessions. Attendees were made aware of the submission process and hard-copy submission forms were made available during the sessions.

 

Construction & Industry

Key construction and industry stakeholders were made aware of the public exhibition period via the CIAG group newsletter. No submissions were received from the newsletter.

 

Individual Submissions

During the public consultation period, 2 individual submissions were received via email and hardcopy respectively.

 

A total of 8 submission were therefore received during the public exhibition phase. 

 

Table 1 below summarises the main issues raised in the submissions and provides comments in respect of the issues. NB: Councillors have been provided with full copies of the submissions under separate cover.

 

Table 1 - Summary of issues

Issue - Floor level flooding

1.

Andrew McCoubrie

Submission seeking to confirm that property was and is subject to flooding of habitable floor levels. Submitter also expressed a desire to be involved in the next stage of the project, which will involve identifying, discussing and assessing solutions to the risks identified by the Flood Study.

Response/

Comment:

Noted. This information is appreciated and assists in council’s understanding of flood risks to the community. Stage 2 of this project will involve survey of floor levels of properties mapped as impacted by overland stormwater flows to confirm the extent of impact. This information will then be utilised as part of a multi-criteria risk assessment to define the priorities for detailed analysis and mitigation measures.

Landowners contact details have been added to a subscriber register of owners/residents who wish to receive updates on the progress of this project.

 

2.

Maureen Frazer

Submission noted that the resident’s property has previously flooded, but that the water quickly drains away following the cessation of rainfall. Council must continue to maintain drains in Short Street to ensure that water can continue to quickly drain away in future.

Response/

Comment:

History of flooding at this property is noted. A request has been generated for Council’s Operational Maintenance Team to CCTV inspect and maintain as required the inlets within Short Street (see CRM Reference No 10664/2019).

3.

Ian and Diann Butlin

Concerned with risks of backwater flooding from wetland immediately adjacent to and downstream of their property.

Residents note that increased upstream development has occurred with no corresponding drainage improvements or maintenance since 2013.

Improved drainage infrastructure is required.

Response/

Comment:

The Draft Flood Study report and mapping identifies a number of locations within the catchment where dwellings and property are identified as being at risk of flooding during local catchment storm events.

This first stage of the North Brother Local Catchments Flood Study project aims to identify those risks on a holistic catchment wide scale.

Stage 2 will utilise the modelled flood data to identify and prioritise those risks and ultimately identify mitigation options.

This next stage will identify, assess and test the need for any scope of works required to address concerns of the kind raised.

At the completion of the final Stage 3, a Prioritised and Scoped Floodplain Risk Management Plan for the entire study area identifying the scope of works/measures required to address the catchment wide flood risks will be developed.

Community input will be sought during this process, whereby any anecdotal evidence or ideas will be invited and considered.

It is recommended that the resident stays up to date with Council’s progress on this project by monitoring the Have Your Say website.

Issue - LiDAR Data

4.

Wendy Carter

Submission noted that the Flood Study has been prepared using aerial survey data (LiDAR) from 2012, and as such does not include the dwellings constructed to the rear of this property since that time.

Response/

Comment:

The Flood Study has been prepared utilising a digital elevation model (DEM) of the catchment and study area based upon a combination of LiDAR data from the 2012 aerial survey and site specific land survey undertaken at key structures and flow paths within the catchment.

It is acknowledged that this model does not therefore include every dwelling and structure constructed or modified since 2012, however it is considered that the model accurately represents the stormwater flow characteristics likely to be experienced within a majority of the catchment, and in particular within the high risk major flow paths.

Stage 2 of this project (the Floodplain Risk Management Study) will prioritise the identified risks and develop mitigation measures for those risks. Further detailed survey and ground validation may be required to accurately test site specific options.

Issue -  Kerb and Guttering in Laurie Street

5.

Bev Hitchens

Request for the construction of kerb and guttering within Laurie Street, Laurieton.

Response/

Comment:

The North Brother Local Catchments Flood Study does not consider remedial works, rather this phase aims to identify the extent of any risks associated with flooding to the catchment.

Stage 2 of this project (the Floodplain Risk Management Study) will develop mitigation options. Kerb and gutter will be considered with other mitigation measures.

Issue - Flood mapping and insurance premiums

6.

Simon Hancox

Submitter feels that the completion of the Flood Study formally declares a majority of the Camden Haven as flood liable land and is concerned that the adoption of the study will cause insurance premiums to raise to the point where they are unaffordable.

Notes that the extent of mapping is not based on previous events, but on the 1% AEP event, which has not yet occurred.

Response/

Comment:

The provisional mapping of flood risk and hazard is for information only at this stage and will be considered in further detail during the Floodplain Risk Management Study phase.

However it is noted that the analysis, modelling and mapping produced as part of the draft North Brother Local Catchments Flood Study clearly highlights the extent of the existing overland stormwater flood issues to the local community. Submissions received as part of the consultation period also confirm this.

 

The modelling clearly highlights that there are significant deficiencies in the existing stormwater drainage and overland flow management measures that currently exist within the study area, the next phases of this project will develop management options for the catchment to address the identified risks in respect of both existing and future developments.

 

However in light of the above, finding pragmatic and holistic solutions to the stormwater flood risk cannot be completed without first quantifying the problem.

 

Flood modelling is a highly complex and intricate tool which can be used to inform all aspects of floodplain management. There are many factors that contribute to flood modelling, including technical guidelines, modelling software, input data and the like.

 

Whilst it is recognised that the most effective method to measure the performance of a flood model is to calibrate it to past historic events, there are instances where (reliable and accurate) historical data is not available, or there is no information available on large events (eg. the 100 year event).

 

In this instance it is recognised that calibration to a historic event of significant magnitude was not possible due to the lack of data on large magnitude events, however confidence in the modelling process has been achieved via calibration to small runoff events where data was available (vis information provided by residents during the initial consultation phase of this project).

 

This information when combined with the detailed and up to date inputs (survey and topographic data for example) and the review process (including by OEH) that the study has gone through have ensured that a robust and reliable flood model has been produced.

Issue - Overgrown Open Drain

7.

Michael Ducat

Submission provides photographs of an existing open drain at the rear of properties in Peach Grove, Laurieton, noting that the drain is very overgrown, requiring maintenance.

Submission also notes that the downstream stormwater infrastructure into which this open drain discharges appears to be significantly undersized.

Response/

Comment:

The open drain at this location is located on a combination of Crown Land and the Dooragan National Park. Whilst not impossible, the approval process required to maintain this drain is difficult.

Whilst Stage 1 of this project does not consider remedial works (this will be stage 2), the study identifies the extent of risks associated with flooding to the catchment.

At model calibration phase, this open drain was identified as a critical component of the stormwater network servicing Laurieton and was subject to detailed survey to ensure that the model accurately represented not only the channel/drain profile, but also its current condition.

The next and subsequent phases of this project will assess and prioritise the identified flood risks, and determine, test and assess remedial works and mitigation measures.

Where flood mitigation measures are identified within Crown Land or National Park, Council will liaise with those other government agencies to effect any required works.

Issue - Ongoing stormwater issues from Brotherglen Drive, Kew

8.

Submission documents the regular flooding of the resident’s rear yard as a consequence of flows from two gully’s traversing the property.

Requesting that a better drainage system be put in place to divert stormwater.

Response/

Comment:

The Draft Flood Study report and mapping identifies a number of locations within the catchment where dwellings and property are identified as being at risk of flooding during local catchment storm events.

This first stage of the North Brother Local Catchments Flood Study project aims to identify those risks on a holistic catchment wide scale.

Stage 2 will utilise the modelled flood data to identify and prioritise those risks and ultimately identify mitigation options.

At the completion of the final Stage 3, a Prioritised and Scoped Floodplain Risk Management Plan for the entire study area identifying the scope of works/measures required to address the catchment wide flood risks will be developed.

Community input will be sought during this process, whereby any anecdotal evidence or ideas will be invited and considered.

The resident is encouraged to stay up to date with Council’s progress on this project by monitoring the Have Your Say website.

 

Planning & Policy Implications

 

The North Brother Local Catchments Flood Study (2019) (Attachment 1) provides a refined and calibrated estimate of stormwater flood impacts within the study area. These flood impacts will be utilised in subsequent stages to guide the development of a Floodplain Risk Management Study and Plan.

 

Provisional Risk and Hazard mapping has been developed, however this mapping is for information only.

 

There are no flood planning maps or development controls proposed at this stage of the project. It is important to note that this project is focussed on local catchment overland stormwater runoff. The planning implications of this investigation will differ from those that are typically associated with riverine flooding (ie. from the Camden Haven River).

 

Future stages of the project will investigate the suitability of any flood planning maps and development controls.

 

Financial & Economic Implications

 

There are significant financial implications for Council if the Flood Study is not adopted.

 

NSW state government grant funding (2:1 funding from State: Council respectively) is not available for future flood related works without a Floodplain Risk Management Plan (FPMP) (which is the ultimate aim of this project) and this is not possible without the adoption of this Flood Study.

 

If Council chooses not to adopt the Flood Study any works to alleviate stormwater flooding will likely need to be fully (100%) funded by Council.

 

Attachments

 

1View. North Brother Local Catchments Flood Study

 


AGENDA                                                                                Ordinary Council

17/07/2019

 

 

Item:          13.05

 

Subject:     Planning Proposal - Airport Business Park

Presented by:  Development and Environment, Melissa Watkins

 

 

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.       Endorse the Planning Proposal attached at Attachment 1 pursuant to section 3.33 of the Environmental Planning and Assessment Act 1979 to amend the Port Macquarie-Hastings Local Environmental Plan 2011 in relation to the Port Macquarie Airport and surrounding lands in accordance with the Planning Proposal.

2.       Forward the Planning Proposal to the Department of Planning, Industry and Environment for a Gateway Determination, and request that the Determination not authorise Council to be the local plan-making authority.

3.       Prepare draft Development Control provisions in respect of the Airport Business Park as outlined in this report in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.

4.       Prepare a draft Section 9.11 Airport Business Park Roads Contribution Plan as described in this report.

5.       Commit to bind any purchaser of the Council owned Business Park Zone to contribute proportionally to the cost of upgrading Boundary Street and the Hastings River Drive/Boundary Street intersection.

6.       Receive a further report providing details of the draft Development Control provisions in 3 above for approval prior to the Planning Proposal and draft Development Control provisions being exhibited concurrently.

7.       Receive a report following the public exhibition to assess any submissions received.

8.       Delegate authority to the Director Development and Environment to make minor amendments to the Planning Proposal prior to submission for Gateway Determination.

 

Executive Summary

 

On 21 November 2018, Council resolved to rezone 23.75 hectares of Council-owned land adjoining the Port Macquarie Airport to B7 Business Park and that a report regarding a Planning Proposal in respect of the land be reported to the February 2019 Council Meeting.

 

Following the November meeting, King and Campbell Pty Ltd was invited to submit a Planning Proposal on behalf of the landowner (PMHC Airport).  The proposal, received on 4 June 2019, involves a reconfiguration and expansion of the existing B7 Business Park zone and rezoning of the remainder of Council’s Airport land and Thrumster lands to reflect the State Government’s Biodiversity Certification Assessment.  A body of work, primarily completed to inform the site selection process, has been submitted to support the Planning Proposal.

 

This report provides a summary of the proponent’s Planning Proposal request, followed by an assessment by Council’s Development and Environment Division (D&E) to inform the content of the Planning Proposal put forward for Gateway Determination by Council, as the Planning Proposal Authority.

 

A Planning Proposal prepared by Council’s D&E Division is included as Attachment 1 to this report.  The Planning Proposal is based largely on the information provided by King and Campbell on behalf of the proponent.

 

As the ‘Planning Proposal Authority’, Council is responsible for the Planning Proposal, the quality of the information provided in support of the proposal and its referral for Gateway determination.

 

It is recommended that Council endorse the Planning Proposal and forward it to the Department of Planning, Industry and Environment for a Gateway Determination.  It is also recommended that as Council is also the land owner, that it does not seek to use its delegated authority as the Local Plan Making Authority.

 

Discussion

 

BACKGROUND

 

Council Meeting November 2018

 

At the Meeting held on 21 November 2018, Council considered a report on the proposed expansion of the existing Business Park Zone at the Port Macquarie Airport.  This initiative is consistent with the Port Macquarie Urban Growth Management Strategy 2017-2036 and the North Coast Regional Plan 2036.

 

The precinct has been investigated and includes Council land adjoining the Port Macquarie Airport and three properties in private ownership adjoining Boundary Street.  The staff report in November 2018 recommended that the Council land be confirmed as the most suitable land to supply a gross area of 20.5 hectares (ha) of Business Park zoning in the precinct, and that a further report be provided to Council on a Planning Proposal for the land. 

 

Council accordingly resolved as follows:

 

RESOLVED: Levido/Hawkins

 

That Council:

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

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

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

CARRIED: 7/0

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

AGAINST: Nil

 

The purpose of this report is to consider the preparation of a Planning Proposal in relation to the Council land.

 

Council roles and responsibilities

 

For context and transparency, the roles and responsibilities of Council in relation to this Planning Proposal are as follows:

 

·    PMHC Airport - Landowner and proponent seeking a rezoning, represented by King and Campbell Pty Ltd

·    Development and Environment - Provides advice to Council as the ‘Planning Proposal Authority’ to assess the Planning Proposal and determine the appropriate content of any Planning Proposal and related planning documents

·    Elected Council - As the ‘Planning Proposal Authority’ (PPA) Council is responsible for the Planning Proposal, the quality of the information provided in support of the proposal and its referral for Gateway determination.

The PPA is responsible for ensuring that the level of detail in the Planning Proposal document is sufficient to respond to the statutory requirements of the Environmental Planning and Assessment Act 1979 and related guidelines.  The PPA must ensure the information is accurate, current and sufficient for issuing a Gateway Determination and detailed enough for the purposes of consulting with government agencies and the general community.

 

Probity review

 

In recognition that Council has a role as Airport operator, landowner and planning proposal authority in this matter, Council’s D&E Division engaged Cardno (NSW/ACT) Pty Ltd to independently review the planning process and provide probity reports and recommendations on the statutory procedures involved in preparing a Planning Proposal for a proposed Airport Business Park rezoning.

 

The Preliminary Probity report covered the period from 16 March 2016 to 7 November 2018 and concluded that Cardno had not observed or detected evidence of partiality, bias or probity issues of concern in the planning process leading up to the presentation of the 21 November 2018 report to Council.

 

A Final Probity report will review Council’s processes for a Business Park Planning Proposal against the ICAC guideline.  In particular, the report will address whether or not there are any probity issues of concern in relation to the exhibition and assessment processes involved in preparing a Planning Proposal and the final recommendations to Council.

 

Preparation of a Planning Proposal

 

Following Council’s November 2018 resolution, the proponent King and Campbell Pty Ltd, was invited to submit the basis for a Planning Proposal to meet the requirements of the Department of Planning and Environment’s A Guide to Preparing Planning Proposals 2018.  A draft Planning Proposal was received from King and Campbell Pty Ltd on 4 June 2019 and has been reviewed by Council’s D&E Division. 

 

Consultation has taken place with the proponent in relation to potential planning controls for the proposed Business Park zoning, including zone extent and configuration, lot size, height of buildings, floor space ratios and permitted uses.  The proponent has requested that in addition to the proposed Business Park zoning, the Planning Proposal should implement the Biodiversity Certification outcomes approved by the NSW Minister for the Environment for Council’s Airport and Thrumster lands.

 

This report provides a summary of the proponent’s Planning Proposal request, followed by an assessment by Council’s D&E Division to inform the content of the Planning Proposal that will be put forward for Gateway Determination by Council, as the Planning Proposal Authority.

 

The Proponent’s Planning Proposal Request

 

The objectives and intended outcomes of the proponent’s Planning Proposal can be summarised as follows:

 

·    To provide for a reconfigured and expanded Business Park area east of Boundary Street to reflect the importance of the Port Macquarie Airport as a regional hub

·    To consolidate existing airport infrastructure with future airside and general aviation land uses generally west of Boundary Street, and

·    To reflect the Biodiversity Certification Assessment outcomes for clearing and conservation of native vegetation within the Port Macquarie Airport and adjoining Council-owned Thrumster lands.

 

Figure 1 shows the site included in proponent’s Planning Proposal.  The site covers an area of approximately 760 ha and includes the Port Macquarie Airport and Council’s Thrumster lands, together with a small area of Crown Land impacted by the Airport Obstacle Limitation Surface (OLS). 

 

It falls within a larger area that has undergone a Biodiversity Certification Assess