Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 21 August 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 21 August 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..................................................................................... 25

06           Mayoral Minute

07           Confidential Correspondence to Ordinary Council Meeting................................. 29

08           Public Forum - Matters Not On The Agenda...................................................... 30

09           Public Forum - Matters On The Agenda............................................................ 31

10           Leadership and Governance.......................................................................... 32

10.01..... General Manager's Attendance & Participation in the Local Government Chief Officers Group .............................................................................................. 33

10.02..... Mayoral Discretionary Fund Allocations - 4 July to 7 August 2019......... 35

10.03..... Request for Leave of Absence - Mayor Peta Pinson............................ 37

10.04..... Status of Reports From Council Resolutions........................................ 39

10.05..... Councillor and Mayoral Fees - Categorisation of Council by the Local Government Remuneration Tribunal....................................................................... 45

10.06..... Disclosure of Interest Return.............................................................. 48

10.07..... Notice of Motion - Proposed Motion for 2019 Local Governent NSW Conference........................................................................................................ 50

10.08..... Notice of Motion - Borrowing for Projects............................................. 52

10.09..... Digital Technology Project Status....................................................... 55

10.10..... National General Assembly 2019 - Australian Local Government Association   59

10.11..... 2018-2019 Operational Plan - End of Year Report as at 30 June 2019.. 62

10.12..... 2018-2019 Financial Statements Audit................................................ 81

10.13..... Investments - July 2019..................................................................... 83

10.14..... Monthly Budget Review - July 2019.................................................... 87

10.15..... 2018-2019 Carry-over Projects........................................................... 93

10.16..... Opportunities for Local Firms to do Business With Council................... 98

10.17..... Innes Gardens Memorial Park Crematorium and Lawn Cemetery - Community Consultation.................................................................................... 102

10.18..... Legal Fees...................................................................................... 112

10.19..... Glasshouse Biannual Report and Update on Strategic Plan Recommendations 114

10.20..... Development Activity And Assessment System Performance.............. 122

11           Your Community Life................................................................................... 126

11.01..... Notice of Motion - Welcome Scroll Project......................................... 127

11.02..... Grant Applications Quarterly Report.................................................. 128

11.03..... Port Macquarie New Year's Eve Fireworks........................................ 131

12           Your Business and Industry

              Nil

13           Your Natural and Built Environment............................................................ 135

13.01..... Notice of Motion - Proposed Primary Airport Access Road Intersection with Oxley Highway.......................................................................................... 136

13.02..... Notice of Motion - Parking Strategy - Review..................................... 137

13.03..... Attendance at 2019 National Local Roads and Transport Congress - Hahndorf, South Australia.......................................................................................... 139

13.04..... Acquisition of Easement for Water Supply and Easement to Drain Sewer at Scarborough Way, Dunbogan........................................................... 141

13.05..... Federal Funding to Seal The Hatch Road.......................................... 143

13.06..... Ocean Drive Duplication Project....................................................... 151

13.07..... Petition for Second Entry/Exit to Crestwood Estate............................ 154

13.08..... Lorne Road Works as Material Public Benefit Revised Application...... 162

13.09..... Community Consultative Committee - Port Macquarie Transport Network & Orbital Road............................................................................................... 166

13.10..... Membership of the Coast, Estuary and Floodplain Sub- Committee.... 177

13.11..... The Settlers Inn, 101 Hastings River Drive, Port Macquarie - Inspection Report Received From NSW Fire & Rescue................................................. 183  

14           Items To Be Dealt With By Exception

15           Confidential Matters

Motion to move into Confidential Committee of the Whole................................ 187

15.01..... Innes Gardens Memorial Park Crematorium and Lawn Cemetery - Negotiations with Interested Parties

15.02..... Human Resources (HR) - Permanent and Temporary Placements and Associated Services

15.03..... Consent to be a Group Member - NSW Class Action

15.04..... T-19-34 (REGPRO621920) Pipes, Pipe Relining, Pumps, Water Meters, Pre-cast Concrete Products and Associated Fittings, Products and Services

15.05..... Settlement Point Ferry - Out of Water Inspection and Maintenance (Slipping)

15.06..... T-19-16 Provision of Landscaping Services

15.07..... T-19-36 (REGPRO T611920MNC) Supply, Delivery and Placement of Road Resurfacing

Adoption of Recommendations from Confidential Committee of the Whole


AGENDA                                                                                Ordinary Council      21/08/2019

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 17 July 2019 be confirmed.

 


MINUTES

Ordinary Council Meeting

                                                                                                                        17/07/2019

 

 

 

 

PRESENT

 

Members:

 

Councillor Peta Pinson (Mayor)

Councillor Lisa Intemann (Deputy Mayor)

Councillor Rob Turner

Councillor Michael Cusato

Councillor Sharon Griffiths

Councillor Peter Alley

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Lee Dixon

 

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Acting Director Corporate Performance (Ashley Grummitt)

Director Development and Environment (Melissa Watkins)

Acting Director Infrastructure (Jeffery Sharp)

Acting Director Strategy and Growth (Liesa Davies)

Governance Projects Officer (Darryl Hancock)

Governance Support Officer (Bronwyn Lyon)

EA to the Mayor (Linda Kocis)

Communications Manager (Andy Roberts)

 

 

 

The meeting opened at 5:30pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

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

 

02       LOCAL GOVERNMENT PRAYER

Reverend Malcolm Hausler, from the Combined Christian Churches of Port Macquarie delivered the Local Government Prayer.

 

03       APOLOGIES

Nil.

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Levido/Alley

That the Minutes of the Ordinary Council Meeting held on 19 June 2019 be confirmed.

carried:      9/0

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

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Cusato declared a Pecuniary Interest in Item 13.05 - Planning Proposal - Airport Business Park, the reason being that Councillor Cusato owns a hanger at the Port Macquarie Airport.

 

Councillor Alley declared a Non-Pecuniary, Less Than Significant Interest in Item 13.03 - Bold Street, Laurieton Pedestrian Crossing, the reason being that Councillor Alley serves as the Treasurer on the Parish Council of the Anglican Church of the Camden Haven.  The Church operates a business in Laurieton - the Anglican Op Shop. However that business is not located in Bold Street and would not receive any benefit or loss as a consequence of any Pedestrian Crossing in any of the proposed locations and has no competing Op Shop that operate in this area that may be serviced by any of the proposed crossing locations.

 

 

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.    Ms Patricia Cooper regarding Kenwood Drive Bridge.

2.    Ms Kate Aston regarding Lake Innes / Lake Cathie - Future Proofing Ecosystem.

3.    Mr Denis Lane regarding Koala Management in Hastings Region.

4.    Mr Daniel Bessell regarding Protection of Lake Innes Nature Reserve.

 

RESOLVED:  Dixon/Alley

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     Kenwood Drive Bridge

Ms Patricia Cooper, member of Revive Lake Cathie, addressed Council in regard to the Kenwood Drive Bridge and answered questions from Councillors.

 

 

08.02     Lake Innes / Lake Cathie - Future Proofing Ecosystem

Ms Kate Aston, board member of Revive Lake Cathie, addressed Council in regard to Lake Innes / Lake Cathie - future proofing ecosystem and answered questions from Councillors.

 

 

08.03     Koala Management in Hastings Region

Mr Denis Lane, representing Better Orbital Options Alliance, addressed Council in regard to koala management in the Hastings Region.

 

 

08.04     Protection of Lake Innes Nature Reserve

Mr Daniel Bessell addressed Council regarding protection of Lake Innes Nature Reserve 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 11.04 - Mr Greg Freeman, Port Macquarie Aquatic Centre Committee in support of the recommendation.

Item 11.04 - Mr Bruce Potter, Football Mid North Coast, in support of the recommendation.

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

Item 13.01 - Mr Tony Thorne, King and Campbell Pty Ltd, in support of the recommendation.

Item 13.02 - Mr David Irving in support of the recommendation.

Item 13.03 - Mr Noel Hiffernan in opposition of the recommendation.

Item 13.04 - Mr Simon Hancox, PRD Nationwide Laurieton, in opposition of the recommendation.

Item 13.05 - Ms Donna Clarke, Land Dynamics, in opposition of the recommendation.

Item 13.05 - Mr Tony Thorne, King and Campbell Pty Ltd, in support of the recommendation.

Item 13.05 - Dr John Wilkins in opposition of the recommendation.

 

RESOLVED:  Dixon/Cusato

That the above 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:  Cusato/Hawkins

That Standing Orders be suspended to allow Items 11.04, 13.01, 13.02, 13.03, 13.04 and 13.05  to be brought forward and considered next.

carried:      9/0

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

Against:       Nil

 

 

11.04  Port Macquarie Aquatic Facility - Site Selection

The Director Development and Environment tabled replacement page 1 for Attachment 5A to this item.  The amendment being made to the list of stakeholders to include Birpai Local Aboriginal Land Council CEO David Carroll.

Mr Greg Freeman, Port Macquarie Aquatic Centre Committee addressed Council in support of the recommendation and answered questions from Councillors.

Mr Bruce Potter, General Manager of Football Mid North Coast, addressed Council in support of the recommendation and answered questions from Councillors.

 

RESOLVED:  Cusato/Griffiths

 

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.

carried:      9/0

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

Against:       Nil

 

 

13.01  Rescission Motion - Proposed Orbital Road Project

Mr Philip Lloyd addressed Council in support of the recommendation.

 

Mr Tony Thorne, King and Campbell Pty Ltd, representing J Newton Construction, J and G Newton and St Agnes Care and Lifestyle as owners of Emmaus Residential Aged Care Facility, addressed Council in support of the recommendation and answered questions from Councillors.

 

The Mayor tabled letters from State Member for Port Macquarie, Leslie Williams and the Federal Member for Cowper, Pat Conaghan.

 

MOTION:  Pinson/Griffiths

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.

lost: 3/6

For:   Dixon, Griffiths and Pinson

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

 

 

Adjourn meeting

The Ordinary Council Meeting adjourned at 7:15pm.

 

 

Resume meeting

The Ordinary Council Meeting resumed at 7:19pm.

 

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

Mr David Irving, petition founder, addressed the Council in support of the recommendation.

 

RESOLVED:  Pinson/Cusato

 

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.

carried:      9/0

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

Against:       Nil

 

 

13.03  Bold Street Laurieton Pedestrian Crossing

Councillor Alley declared a Non-Pecuniary, Less Than Significant Interest in this matter and remained in the room during the Council's consideration.

Mr Noel Hiffernan addressed Council in opposition of the recommendation and answered questions from Councillors.

 

RESOLVED:  Intemann/Alley

 

That Council:

1.       Note that Council staff recommend a mid-block (Option 1) alignment for the position of the Bold Street, 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 Street, 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.

carried:      9/0

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

Against:       Nil

 

 

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

Mr Simon Hancox, PRD Nationwide Laurieton, addressed Council in opposition of the recommendation and answered questions from Councillors.

 

RESOLVED:  Cusato/Turner

 

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.

carried:      9/0

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

Against:       Nil

 

 

13.05  Planning Proposal - Airport Business Park

Councillor Cusato declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 8:15pm.

Ms Donna Clarke, Land Dynamics, representing neighbouring Missen land in Boundary Street, Port Macquarie, addressed Council in opposition of the recommendation and answered questions from Councillors.

Mr Tony Thorne, King and Campbell Pty Ltd, representing Port Macquarie-Hastings Council, addressed Council in support of the recommendation and answered questions from Councillors.

Dr John Wilkins addressed Council in opposition of the recommendation and answered questions from Councillors.

 

MOTION

MOVED:  Intemann/Alley

 

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.

 

 

FORESHADOWED MOTION

MOVED:  Pinson/

 

That Council:

1.            Defer consideration of the planning proposal for the purpose of seeking further information and a Councillor Briefing to clarify concerns over the Missen land.

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

 

 

THE MOTION WAS PUT

RESOLVED:  Intemann/Alley

 

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.

carried:      6/2

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

Against:       Griffiths and Pinson

 

 

Councillor Cusato returned to the meeting, the time being 9:12pm.

 

Councillor Dixon left the meeting, the time being 9:13pm.

 

 

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

RESOLVED:  Pinson/Griffiths

 

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

carried:      8/0

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

Against:       Nil

 

Councillor Alley left the meeting, the time being 9:14pm.

 

Councillor Dixon returned to the meeting, the time being 9:15pm.

 

Councillor Alley returned to the meeting, the time being 9:15pm.

 

 

10.02  2019 Local Government NSW Annual Conference

RESOLVED:  Griffiths/Cusato

 

That Council:

1.    Grant approval for Mayor Peta Pinson, Councillor Alley 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 Councillor Alley be Council’s voting delegates on motions at the Conference.

3.    Determine that Mayor Peta Pinson and Councillor Alley be Council’s voting delegates on the election of Office Bearers and the Board (Board election) at the Conference.

carried:      9/0

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

Against:       Nil

 

Councillor Turner left the meeting, the time being 9:17pm.

 

 

10.03  Public Sector Women in Leadership Masterclass Report

RESOLVED:  Pinson/Griffiths

 

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

carried:      8/0

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

Against:       Nil

 

Councillor Turner returned to the meeting, the time being 9:18pm.

 

 

10.04  Why Local Government Matters - Research Findings

RESOLVED:  Intemann/Griffiths

 

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

carried:      9/0

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

Against:       Nil

 

 

10.05  2019 Smart Cities Conference Report

RESOLVED:  Hawkins/Turner

 

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

carried:      9/0

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

Against:       Nil

 

 

10.06  Release of IPART Reports into Rating & Compliance Matters

RESOLVED:  Griffiths/Intemann

 

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.

carried:      9/0

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

Against:       Nil

 

 

10.07  Status of Reports From Council Resolutions

RESOLVED:  Intemann/Dixon

 

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

carried:      9/0

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

Against:       Nil

 

 

10.08  Status of Council Policies

RESOLVED:  Griffiths/Hawkins

 

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

carried:      9/0

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

Against:       Nil

 

 

10.09  Request for Leave of Absence - Councillor Geoff Hawkins

RESOLVED:  Turner/Dixon

 

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.

carried:      8/1

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

Against:       Cusato

 

 

10.10  Disclosure of Interest Return

RESOLVED:  Intemann/Griffiths

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

1.       Contracts Administrator.

carried:      9/0

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

Against:       Nil

 

 

10.11  Investments - June 2019

RESOLVED:  Turner/Hawkins

 

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

carried:      9/0

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

Against:       Nil

 

 

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

RESOLVED:  Pinson/Intemann

 

That Council:

1.              Request the General Manager to write to Transport for NSW, (with a copy 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.

2.              Raise a Park & Ride bus service through areas of Port Macquarie with Minister for Regional Transport and Roads at the 31 July 2019 meeting.

3.         Request the General Manager to brief Councillors following a response from Transport for NSW.

carried:      9/0

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

Against:       Nil

 

 

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

RESOLVED:  Pinson/Griffiths

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.

carried:      9/0

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

Against:       Nil

 

Councillor Hawkins left the meeting, the time being 9:31pm.

 

 

11.03  Port Macquarie Alcohol Free Zone Review and Extension 2019

RESOLVED:  Cusato/Griffiths

 

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.

carried:      8/0

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

Against:       Nil

 

 

Item - 11.04 Port Macquarie Aquatic Facility - Site Selection  - has been moved to another part of the document.

 

Councillor Hawkins returned to the meeting, the time being 9:34pm.

 

 

11.05  Draft Flynns Beach Master Plan - Community Engagement

RESOLVED:  Griffiths/Cusato

 

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.

carried:      9/0

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

Against:       Nil

 

 

12.01  Policy Review - Commercial Activities on Council Managed Land

RESOLVED:  Hawkins/Griffiths

 

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.

carried:      9/0

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

Against:       Nil

 

 

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

 

Item - 13.02 Notice of Motion - Petition for Second Entry/Exit to Crestwood Estate - has been moved to another part of the document.

 

Item - 13.03 Bold Street Laurieton Pedestrian Crossing - has been moved to another part of the document.

 

Item - 13.04 North Brother Local Catchments Flood Study - Public Exhibition Submissions Report - has been moved to another part of the document.

 

Item - 13.05 Planning Proposal - Airport Business Park - has been moved to another part of the document.

 

 

13.06  Hibbard Precinct Flood Study - Public Exhibition Submissions Report

RESOLVED:  Alley/Turner

 

That Council:

1.       Adopt the Hibbard Precinct Flood Study (2019) report (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.       Proceed with the Floodplain Risk Management Study (FRMS) phase.

carried:      9/0

For:   Alley, Cusato, 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:  Alley/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      Review of Organisation Structure

                        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      T-19-15 Sports Field Lighting Installation

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

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

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

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

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

                        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-19-33 - LGP EL0519 Supply of Electricity

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

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

carried:      9/0

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

Against:       Nil

 

 

Adjourn meeting

The Ordinary Council Meeting adjourned at 9:40pm.

 

 

Resume meeting

The Ordinary Council Meeting resumed at 9:47pm.

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Dixon/Alley

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

carried:      9/0

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

Against:       Nil

Item 15.01    Review of Organisation Structure

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

                     RECOMMENDATION

That Council, in accordance with Section 333 of the NSW Local Government Act, determine the Organisation Structure for Port Macquarie-Hastings Council as detailed in this Review of Council Organisation Structure report.

carried:         9/0

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

Against:    Nil

                    

Item 15.02    T-19-15 Sports Field Lighting Installation

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

                     RECOMMENDATION

That Council:

1.       Accept the tender from REES Electrical Pty Ltd for $602,470 (exclusive of GST) for Sports Field Lighting Installation.

2.       Accept schedule of rates from REES Electrical Pty Ltd for Sports Field Lighting Installation.

3.       Note the additional price option A from REES Electrical Pty Ltd for the Upgrade of poles from a rigid/static poles to a hinged/see-saw pole.

4.       Note the additional price option B from REES Electrical Pty Ltd to install additional light fixtures to achieve a minimum average of 100 Lux.

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

6.       Maintain the confidentiality of the documents and consideration in respect of Tender T-19-15.

carried:         9/0

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

Against:    Nil

 

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

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

                     RECOMMENDATION

That Council:

1.       Appoint the following people as independent members of the Economic Development Steering Group for a two (2) year term:

(a)     Mr Stuart Bate;

(b)     Mr Kellon Beard;

(c)     Mr Ross Cargill;

(d)     Mr Paul Dawson;

(e)     Ms Jane Evans;

(f)      Mr Peter Halliwell;

(g)     Ms Kelly King;

(h)     Ms Michelle Love;

(i)      Mr Hayden Oriti;

(j)      Mr Tony Thorne; and

(k)     Ms Kate Wood-Foye.

2.       Commence the appointments by inviting the new members to the next Economic Development Steering Group meeting to be held on 14 August 2019.

3.       Formally thank members of the Economic Development Steering Group for their commitment and contribution during the recent two year tenure.

4.       Maintain the confidentiality of the documents and considerations in respect of Expression of Interest EOI-19-01.

carried:      9/0

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

Against:    Nil

 

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

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

                     RECOMMENDATION

That Council:

1.       Accept the Tender from Hopkins Consultants Pty Limited for $359,605.00 (exclusive of GST) for John Oxley Drive Upgrade Design - Kingfisher Road to The Ruins Way.

2.      Accept schedule of rates from Hopkins Consultants Pty Limited.

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

4.      Maintain the confidentiality of the documents and consideration in respect of Tender T-19-23.

carried:      9/0

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

Against:    Nil

 

 

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

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

                     RECOMMENDATION

That Council:

1.       Pursuant to Section 55(3)(c) of the Local Government Act 1993, resolve to not invite tenders for the Kendall Emergency Water Trunk Main Project.

2.       Endorse the direct engagement of Coffs Harbour City Council trading as Coastal Works to undertake the emergency works for the Kendall Emergency Water Trunk Main.

3.       Maintain the confidentiality of the documents and consideration in respect to T-19-46 Kendall Emergency Water Trunk Main Project.

carried:      9/0

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

Against:    Nil

 

Item 15.06    T-19-33 - LGP EL0519 Supply of Electricity

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

                     RECOMMENDATION

That Council:

1.       Commit to participating in Local Government Procurement’s tender process EL0519 for Electricity Supply by delegating to the General Manager the authority to sign the required Maximum Price Acceptance Declaration and any required documents to participate in LGP EL0519 Supply of Electricity.

2.       Acknowledges the Maximum Price that can be accepted by Local Government Procurement.

3.       In accordance with section 377(1)(i) of the Local Government Act 1993 (NSW), delegate to the General Manager the authority to accept of tenders as a result of LGP tender process, EL0519.

4.       Note that a further report will be tabled providing the rates accepted under LGP EL0519 Supply of Electricity.

5.       Maintain the confidentiality of the documents and considerations in respect of T-19-33 LGP EL0519 Supply of Electricity.

carried:      9/0

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

Against:       Nil

 

 

 

 

 

 

The meeting closed at 9:47pm.

 

 

 

 

 

………………………………………..

Peta Pinson

Mayor

 

   


AGENDA                                                                                Ordinary Council      21/08/2019

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      21/08/2019

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.

 

RECOMMENDATION

That Council determine that the attachment to Item Numbers 10.18 be considered as confidential, in accordance with Section 11(3) of the Local Government Act.

Discussion

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

 

Item No:                                 10.18

Subject:                                 Legal Fees

Attachment Description:     Legal matters >$10,000 2018-19 Financial Year

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

 


AGENDA                                                                                Ordinary Council      21/08/2019

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      21/08/2019

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

21/08/2019









 

 

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

21/08/2019

 

 

Item:          10.01

 

Subject:     General Manager's Attendance & Participation in the Local Government Chief Officers Group

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 approve the General Manager’s attendance and participation in the Local Government Chief Officers Group Meetings.

 

Executive Summary

 

As part of the General Manager’s Council adopted performance agreement for 2018-19 there was a requirement for the General Manager to become a member of the Local Government Chief Officers Group (LGCOG).

 

The purpose of this report is to request Councils approval for the General Manager’s membership, ongoing participation and attendance at a minimum of two meetings of the LGCOG meetings each financial year, noting that meetings are generally held every four months.

 

Discussion

 

As part of the General Manager’s performance agreement for 2018-19 there was a requirement for the General Manager to become a member of the LGCOG, with the 2018-2019 General Managers performance agreement being adopted by Council at the 20 March 2019 Council meeting.

 

The LGCOG was formed in Victoria in 1981 and initially comprised some 12 - 15 members from Victoria, New South Wales, South Australia and Tasmania. There are now some 119 members from every State in Australia as well as the Northern Territory and New Zealand. The objectives of the LGCOG are as follows:

 

-      To act as a forum for the exchange of experience and information between Chief Officers to benefit their councils in particular and local government in general.

-      To utilise the experience and knowledge of Chief Officers at various government and organisational levels.

-      To facilitate the professional development and training of Chief Officers.

The LGCOG meets 3 times a year in different locations, normally in different states of Australia or in New Zealand. Members of the LGCOG offer their Councils as hosts, involving the provision of meeting facilities and a Mayoral welcome. There are no subscription costs, with the only costs being those associated with attendance at the meetings e.g. travel / accommodation / meals.

 

Meetings are generally held in the last week of the month, most often commencing with an evening Welcome Reception on a Wednesday followed by business sessions commencing on Thursday and into the Friday morning.

 

The General Manager’s application to join the LGCOG was approved by the members of the LGCOG on 19 July 2019. As membership of the LGCOG has now been obtained in line with the General Manager’s 2018-2019 performance agreement, it is likely that the requirement to remain a member of the LGCOG will be included in the General Manager’s 2019-2020 performance agreement, which is currently under development.

 

Options

 

Council can resolve in line with the recommendation included in this report, or not resolve in favour of the General Manager participating in the LGCOG. If Council chooses to resolve to not support the General Managers participation in the LGCOG, then the General Managers 2018-19 performance agreement and subsequent end-of-year review will need to detail this.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to this report. Through the development of the 2018-19 General Managers performance agreement, there was consultation with the General Managers Performance Panel through the General Manager and the third party facilitator who undertook the development of the performance agreement.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

As noted earlier in this report, there are no subscription costs in being a member of the LGCOG, with the only costs being those associated with attendance at the meetings e.g. travel / accommodation / meals. There is provision within Councils 2019-2020 budget for professional development activities for Council staff and the General Manager, which will cover the cost of attendance at the LGCOG meetings.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.02

 

Subject:     Mayoral Discretionary Fund Allocations - 4 July to 7 August 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 4 July to 7 August 2019 inclusive.

 

Executive Summary

 

To advise of the allocations made by the Mayor from the Mayoral Discretionary Fund for the period 4 July to 7 August 2019 inclusive.

 

Discussion

 

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

 

Sponsorship to Angus Gill

$300.00

Donation of Glasshouse Vouchers for Rotary Project - Brittani Michelle

$200.00

Floral Bouquet to Cllr Rob Turner & Family on passing of his Mother

$85.00

Donation of Glasshouse Vouchers for MNC Local Health District Fundraiser

$200.00

Donation to PMQ CWA in recognition of their 90th Birthday on 01/08/19

$250.00

Donation of Glasshouse Voucher to Lake Cathie Public School P&C

$50.00

Donation of Glasshouse Vouchers to PMQ Combined Netball Club Fundraiser

$200.00

Donation of Glasshouse Vouchers to Hope Shop Masquerade Ball Fundraiser on 17/08/19

$200.00

Floral Wreath for Victory in the Pacific Commemorative Service on 15/08/19

$65.00

Floral Wreath for Vietnam Veterans’ Day Commemorative Service on 18/08/19

$65.00

Donation to Kidney Health Australia for 2019 Kidney Kar Rally

$250.00

 

$1,865.00

 

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 2019-2020 Operational Plan.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.03

 

Subject:     Request for Leave of Absence - Mayor Peta Pinson

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Grant leave of absence for Mayor Peta Pinson for the period 17 October to 3 November 2019 inclusive.

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

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

 

Executive Summary

 

Council has received a request for leave of absence from Mayor Pinson for the period Thursday, 17 October to Sunday, 3 November 2019 inclusive.

 

Discussion

 

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

 

Mayor Pinson has requested leave of absence for the period 17 October to 3 November 2019 inclusive.

 

Due to there being a casual vacancy in the office of Mayor, it would be prudent to request the Deputy Mayor to perform all duties of the Mayor during this period (Local Government Act NSW s 231 (3)) and to be remunerated accordingly (Local Government Act NSW s 249 (5)).

 

Options

 

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

 

Community Engagement & Internal Consultation

 

There has been internal consultation on this matter with the General Manager.

 

 

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

There are no financial or economic implications as the result of this report.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.04

 

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

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-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

Crestwood Estate - Secondary Access

17/07/19
Item 13.02

 

DI

 

Aug-19

Port Macquarie Events Plan and Tastings on Hastings future budget

17/04/19
Item 10.02

 

DSG

 

Aug-19

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

15/05/19
Item 14.01

Onsite demonstration

DI

Aug-19

Sep-19

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

19/06/19
Item 15.04

Still negotiating

DI

Aug-19

Sep-19

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

19/06/19
Item 15.05

Still negotiating

DI

Aug-19

Sep-19

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

19/06/19
Item 13.06

Awaiting advice from proponent

DSG

Aug-19

Sep-19

Biodiversity Strategy:  Post exhibition

19/06/19
item 13.10

Submissions to the strategy closed 25/07/19. We are still considering the submissions received.

DDE

Aug-19

Sep-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

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

LGP EL0519 Supply of Electricity - Accepted Rates

17/07/19
Item 15.06

still negotiating

DCP

 

Sep-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

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

Port Macquarie Aquatic Facility - post community engagement

17/07/19
Item 11.04

 

DDE

 

Sep-19

Bold Street, Laurieton Pedestrian Crossing - posit community engagement

17/07/19
Item 13.03

 

DI

 

Sep-19

Flynns Beach Master Plan - post community engagement

17/07/19
item 11.05

 

DDE

 

Sep-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

Oct-19

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

12/12/18
Item 12.04

Valuation pending.

DCP

Jun-19
Aug-19

Oct-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

Oct-19

Paragliding Activities at Bartlett's Beach - Review of Risk Management Controls

17/07/19
Item 12.01

 

DDE

 

Oct-19

Coastal Koala Plan of Management

19/09/18
Item 12.04

Draft CKPoM under review and subject to peer review following legal advice from landowner

DSG

 

Oct-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

Planning Proposal - Airport Business Park - post exhibition

17/07/19
Item 13.05

Awaiting additional information from the proponent to allow for the gateway determination to be issued.

DDE

 

Feb-20

Planning Proposal - Airport Business Park - draft DCP approval

17/07/19
Item 13.05

Awaiting additional information from the proponent to allow for the gateway determination to be issued.

DDE

 

Feb-20

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

20/06/18
Item 14.05

 

DSG

 

Mar-20

Trialling Of Parklets In The Port Macquarie Town Centre

16/05/18
Item 10.02

Council is still working the relevant approvals

DSG

 

Aug-20

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

20/03/19
Item 09.02

 

GM

 

Feb-21

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

10/08/16
Item 12.01

 

DDE

 

2021
(estimate)

 

Cyclic Reports

 

Report

Reporting Officer

Reporting Cycle

Month

Mayoral Discretionary Fund Allocations

GM

Monthly

Every

Monthly Financial Update

DCP

Monthly

Every
(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

21/08/2019

 

 

Item:          10.05

 

Subject:     Councillor and Mayoral Fees - Categorisation of Council by the Local Government Remuneration Tribunal

Presented by:  Corporate Performance, Rebecca Olsen

 

 

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 in the Councillor and Mayoral Fees - Categorisation of Council by the Local Government Remuneration Tribunal.

 

Executive Summary

 

A report was presented to Council in May 2019 regarding the setting of the annual fees payable to the Mayor and Councillors for the 2019-2020 financial year. As a result of this report, Council resolved to write to the Local Government Remuneration Tribunal (the Tribunal) to confirm what additional information and criteria needs to be provided and to what level of detail in order for the Tribunal to seriously consider an application from Council with regard to potentially moving Council categories.

 

This report provides the response received by the Tribunal.

 

Discussion

 

At the 15 May 2019 Ordinary meeting of Council, a report was presented to set the annual fees payable to the Mayor and Councillors for the 2019-2020 financial year.

 

The report to Council noted that Port Macquarie-Hastings Council provided a submission requesting the Local Government Remuneration Tribunal to move from the Regional Rural to Regional Strategic Area category. Alternatively, it was requested that consideration be given to the creation of a new category for similar councils in the Regional Rural group. These requests were declined.

 

As a result, Council resolved the following:

 

09.13  2019-2020 Councillor and Mayoral Fees

 

RESOLVED: Hawkins/Turner

 

That in relation to Councillor remuneration for the 2019-2020 financial year, Council:

 

1.   Pursuant to the provisions of section 248(2) of the Local Government Act 1993, Council set the annual fee payable to a Councillor for the financial year commencing 1 July 2019 to be $20,280.

2.   Pursuant to the provisions of section 249(3) of the Local Government Act 1993, Council set the annual fee payable to the Mayor for the financial year commencing 1 July 2019 to be $64,530 (this amount includes the fee payable to a Councillor).

3.   Request the General Manager:

a.   Write to the Local Government Remuneration Tribunal (Tribunal) to confirm what additional information and criteria needs to be provided and to what level of detail in order for the Tribunal to seriously consider an application from Council with regard to potentially moving Council categories.

b.   Table a report at a future meeting of Council detailing the response from the Tribunal to the above question.

 

carried:      8/0

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

Against:       Nil

 

This report is provided in response to Resolution 3 above.

 

The General Manager wrote to the Tribunal on 2 July 2019 in response to Resolution 3(a). A response was provided on 9 July 2019. The response is attached as per Resolution 3(b).

 

As advised in this correspondence, the Tribunal is of the preliminary view that a case may exist to revise the number of categories, and their applicable criteria, particularly for regional and rural councils.

 

Furthermore, the Tribunal has advised that they will write to mayors advising of the commencement of the 2020 Annual Review in due course. In doing so, the Tribunal will outline the matters that may be addressed in submissions.

 

Options

 

This report is an information report for noting.

 

Community Engagement & Internal Consultation

 

Specific community engagement and internal consultation has not been undertaken in regard to this report.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Response from the Tribunal July 2019 

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.06

 

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.       Director Infrastructure.

 

Executive Summary

This report informs Council of the lodgement of a return disclosing the interests of a designated person which is 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.      Director Infrastructure

 

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

·    General Manager

·    Director Infrastructure

·    Governance Support Officer.

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

21/08/2019

 

 

Item:          10.07

 

Subject:     Notice of Motion - Proposed Motion for 2019 Local Governent NSW Conference

 

 

 

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

 

 

 

RECOMMENDATION

 

That Council requests the General Manager to write to Local Government NSW asking that the following proposed motion be listed on the Business Paper for the 2019 LGNSW Conference:

 

-     “That section 5. Building Regulation and Certification Position Statement, of the LGNSW Policy Platform, be amended by adding:

 

5.7     More affordable access to the full suite of Australian Standards for the Local Government sector and requests the NSW Government support that access.”

 

Comments by Councillor (if provided)

 

LGNSW has recently adopted a Policy Platform approach in guiding their advocacy on behalf of their members. Section 5 of that policy is as follows:

 

5. Building Regulation and Certification Position Statement

 

Fundamental Principles

This Position Statement relates to the following Fundamental Principles of LGNSW: (E) Planning

 

Background

Successive NSW Governments have continued to extend the types of development that qualify as exempt and complying development. A new pathway for development approval, called ‘complying development’, was introduced under the State Environmental Planning Policy (Exempt and Complying Codes) 2008. This is referred to as the ‘Codes SEPP’. Complying development is a combined planning and construction approval for development that can be determined through a fast track assessment (tick the box) by a council or private accredited certifier. This avoids the need for a Development Application. A series of state wide codes have been established progressively under the umbrella of the Codes SEPP. These enable a council or private certifier to approve development without the need for development consent from council.

An expectation has emerged that the state wide codes can be expanded to higher risk, higher impact and higher density forms of development, such as medium density development.

 

Our Position

LGNSW advocates for:

5.1     Tighter and more effective regulation of private certifiers by the State Government’s building regulators – new regulatory arrangements must be strong, proactively enforced and subject to regular and rigorous audit.

5.2     The State Government to take priority action to address the many issues identified in the NSW independent review of the Building Professionals Act 2005 and the Shergold Weir Report.

5.3     A single regulatory body responsible for building regulation and certification that is independent, well-resourced, effective and accountable.

5.4     Extensive consultation with local government on any proposed changes to strengthen building regulation.

5.5     Complying development to be limited to low risk or low impact development, with clearly defined parameters.

5.6     Provisions to protect consumers of building developments against the unsatisfactory professional conduct or professional misconduct of any private accredited certifier who practices as a public official but not in the public interest.

Standards Australia is a peak non-Government body that develops and collates building, construction and industry standards. The standards are available to the interested parties for a significant price. This acts as a disincentive for small construction businesses to be properly versed in the requirements for lesser used standards such as access and mobility, as one example.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.08

 

Subject:     Notice of Motion - Borrowing for Projects

 

 

 

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

 

 

 

RECOMMENDATION

 

That the General Manager bring back a Report to Council’s October 2019 meeting detailing an actual proposal for Council to forthwith borrow, on commercial terms, the sum of $25,000,000.00 on the basis that the loan funds so borrowed be utilised and allocated for the following project purposes on the basis that all will see commencement (being commencement of design and/or other preconstruction requirements) during the first quarter of 2020, namely:

 

1.       Carry out the upgrade of Boundary Street, Port Macquarie from its intersection with Hastings River Drive to the Port Macquarie Airport entry based on current investigations and planning in an amount of $15,000,000.00;

2.       Carry out upgrade works to Bril Bril Road, Rollands Plains based on prior discussions and investigations with the local community in an amount of $6,000,000.00;

3.       Carry out upgrade works to The Hatch, Blackmans Point based on prior discussions and investigations with the local community in an amount of $1,200,000.00;

4.       Carry out further works with respect to the “School to School” project from Kendall Public School, Kendall to Laurieton Public School, Laurieton, with reference to the existing Strategic Alignment Study and in consultation with the School to School local committee, in an amount of $900,000.00;

5.       Carry out further works with respect to the “Beach 2 Beach” project from North Haven to Dunbogan, with reference to the proposed Strategic Alignment Study and in consultation with the Beach 2 Beach local committee, in an amount of $900,000.00; and

6.       Utilise $1,000,000.00 with respect to undertaking investigative works as to tidal improvements to that part of the Lake Cathie and Lake Innes Estuarine System from the Ocean Drive bridge in a westerly direction.

 

Comments by Councillor (if provided)

 

Council continues to face important decisions as to the prioritisation of infrastructure spending based on its limited income & resources, on the one hand and the less than perfect funding model to which it is subject, on the other.

 

With the conclusion of the recent NSW State Election and Federal Election, it is fair to say, that Council is now moving into the stage of its funding cycle where the cupboards in Sydney and Canberra will be a little barer for the foreseeable future.

 

At the Crawford Leadership Forum in Canberra on Monday 24 June 2019, Reserve Bank Governor, Philip Lowe, urged the Federal Government to borrow while interest rates were at record lows to fund the construction of projects.  He said, amongst other things:

 

            “If the government can build productive capacity by borrowing at low interest rates, it seems like that is a good thing to do”

 

            and

 

            “Governments here and around the world should have their top drawers full of really good ideas that are shovel-ready in case growth slows”

 

Whilst we are not a Federal Government, the relevance and applicability to Council as “Local Government” should not be lost.

 

We live in an era of record low interest rates which are predicted to continue for some time.  Council through prudent financial management since administration ended in 2012 is well poised to borrow to fund required and important infrastructure without unreasonable strain on its finances.

 

Whilst Council will remain critically dependent on State and Federal Government funding to provide the bulk of significant infrastructure moving forward, there are projects that are currently unfunded that can be advanced for the betterment of the Local Government Area through Council initiative.

 

This Notice of Motion proposes borrowing $25,000,000.00 to fund, in the manner set out, the 6 projects listed.

 

The upgrade of Boundary Street, Port Macquarie is long overdue and made more necessary with the imminent completion of the upgrade of the Port Macquarie Airport Terminal in late 2019/early 2020 at a cost of approximately $10,000,000.00.  It will deliver an appropriate “gateway” to visitors and provide a 1:20 year flood free access arrangement to this critical regional infrastructure.

 

The upgrade of Bril Bril Road at Rollands Plains is a significant start as to reducing the backlog on works required to the existing rural road network and improving the quality of life for the residents of that area.

 

The Hatch at Blackmans Point has received some funding from the Federal Government announced just prior to the recent Federal Election but more funds are required to provide a more complete solution. 

 

Both the School to School and Beach to Beach projects in the Camden Haven are worthy community based projects that significantly enhance the quality of life of those communities and their residents generally.

 

The Lake Cathie and Lake Innes Estuarine System is currently undergoing further investigation as to how that system can be protected, improved and enhanced.  Whilst Council is one of many Government stakeholders (and the smallest of such stakeholders) it is important that Council take a lead in applying resources to undertake investigative works as to tidal improvements to that part of the system from the Ocean Drive bridge in a westerly direction.

 

Common sense dictates that there is a prudent amount to which Council should borrow and owe. 

 

In a perfect world, Council should be able to fully solve and fix all infrastructure problems in its Local Government Area with minimal delay and regardless of cost.

 

Common sense does prevail, and Council accepts that it does not live in a perfect world.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.09

 

Subject:     Digital Technology Project Status

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.1 Provide efficient technology and inclusive digital systems that are easy to use and easy to access.

 

 

 

RECOMMENDATION

 

That Council note the information in the Digital Technology Project Status report and the progress made to date.

 

Executive Summary

At the Ordinary Council Meeting held 16th August 2017, Council resolved:

09.18 NOTICE OF MOTION – ICT STRATEGY

RESOLVED: Hawkins/Alley That Council:

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

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

Carried: 9/0

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

Against: Nil

 

In line with resolution 2 above, this report presents a progress report with an overview of the recent completion of Councils ICT Renewal program.

 

Discussion

 

Background

 

Commencing in 2016 and finalised in 2018, Council has completed a comprehensive ICT renewal across Councils ICT infrastructure.

·   Aged legacy ICT infrastructure was upgraded

·   Cyber security risk posture has been improved through updated policy, process and security systems

·   Operating systems have been upgraded to Windows 10

·   Network infrastructure has been improved to increase effective access for council’s staff

·   Disaster recovery & data backup processes have been introduced to improve business continuity and resiliency to unexpected impacts to operations.

 

With completion of the ICT renewal program, a Digital Technology roadmap was developed which supports the ongoing commitment to meet delivery program objectives of providing efficient technology and inclusive digital systems that are easy to use and easy to access.

 

Projects Update – Steps taken to date

 

Public Online Mapping:

 

In December 2018, a public a version of this mapping application was released. The application is available here https://www.pmhc.nsw.gov.au/Building-Planning/Industry-Resources/Online-mapping-of-underground-services

 

Since the release of this public mapping tool, requests for maps of these services received by Council staff have all but disappeared. These requests were averaging around 100 per month for 2018.

 
Work is now progressing to add further content to this mapping tool. A new interactive web map has also been added to Council’s website to support Community Planning work. A Community Planning Communities map now shows the tranche 2 areas currently involved in the engagement program. Each site provides a brief description of the local area with a link to the Have Your Say webpage for that specific site.

 

Staff Mobile Mapping:


Historically, Council office staff have used an internal geospatial mapping service. This software application provides access to more than 350 key layers of mapped information across the LGA.

In April 2019, a mobile version of Council’s mapping application was released allowing staff to access the same data in the field, which will lead to increased efficiency and streamlining of work processes. There is the added benefit of using the inbuilt GPS “Geolocation” function to understand how the data relates to their position whilst in the field and leading to better decision-making.

 

Mobile Mapping Data Collection:


Council currently provides a number of mobile mapping solutions for streamlining and automating data collection in the field. Examples of those used on a daily basis are the Biosecurity and Koala Incidents field solutions.

 

Another solution, called Accessible Carparks, is in use by the Port Macquarie-Hastings Access Sub-Committee to document locations and details of disabled car parks. This forms part of an audit process and assists in the planning and delivery of current and future needs of this service to the community.

Launched in June 2019, a recent addition to this suite of solutions is reviewing the Koala Food Trees planted as part of the environmental requirements for the development process. This work also forms part of an audit process and will inform how well this process is working and will continue to work into the future.

 

Online Certificates:

 

Configured to run out of Council’s property management system, online certificates are a new web based self-service module, which provides customers with a convenient and quick online request, payment and lodgement service for certificates related to the sale of a property. This new service eliminates the need to fill in paper forms and visit Council offices to lodge a request, though this is still available for our customers.

 

After a soft launch with 20-30 of our bulk lodgement customers in April 2019, the new Online Certificates portal was released to the public. Since the rollout, feedback has been positive from customers with 95% of requests made through the portal since its inception.

 

In addition to the time saving for customers, there have been significant efficiencies for staff in data entry, receipting and invoicing activities. Further streamlining has been possible for record management.

 

Meeting Room AV Upgrades:

 

In May 2019 the Function and Committee rooms in Council Headquarters at Burrawan Street were upgraded with new audio visual conferencing facilities, allowing those unable to attend meetings in person the option to video conference in utilising Skype for Business. The improved audio and visual capability has enabled better collaboration with offsite staff, customers, vendors and councillors.

 

Work is now underway to provide the same technology across meeting rooms located at other Council facilities.

 

Council Chambers Upgrade:

 

Work has commenced in planning the upgrade of the AV equipment in the Council Chambers. The recently adopted Code of Meeting Practice requires that Council must webcast its Council meetings from 14 December 2019. Given the current equipment is over 7 years old with reducing reliability, it is timely to upgrade the system to ensure the Code of Meeting Practice requirements will be met and to improve the audio experience for community members in attendance at Council meetings.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Internal consultation on the development of the Digital Technology Roadmap has be undertaken with:

 

-     Finance, Corporate Services, Information Technology portfolio councillors

-     Executive Management team

-     Senior Leadership team

-     Internal staff

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The Digital Technology roadmap is currently funded through an approved allocation in the 19/20 Operational Plan (of $1,200,000) noting the allocation in the Carryover report from the 18/19 financial year.

 

Whilst the 19/20 financial statements are still being finalised, approximately $820,000 has been expended during the year on various capital projects and renewals.

 

The efficiencies delivered by the implementation of projects and initiatives is often difficult to quantify in terms of savings and ongoing work will occur to determine what may be able to be quantified in terms of specific projects as they are delivered.

 

Attachments

 

1View. Digital Technology Roadmap

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.10

 

Subject:     National General Assembly 2019 - Australian Local Government Association

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council note the information contained in the National General Assembly 2019 - Australian Local Government Association 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 Councillor Alley on his attendance at the National General Assembly 2019 - Australian Local Government Association conference held in Canberra from 19 to 21 June 2019.

 

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

 

Discussion

 

Report from Councillor Peter Alley:

 

On the 19 to 21 June 2019, I attended the National Local Government Conference in Canberra. It was attended by about 700 Mayors, Local Government Councillors and General Managers of Councils throughout Australia. I have attached the conference program.

 

There were presentations from the Deputy Prime Minister Hon Michael McCormack and the Shadow Minister for Regional Services, Territories and Local Government Hon Jason Clare.

 

There was a notable presentation from Peter Brisbane, Australian Packaging Covenant Organisation and Ryan Collins from Planet Ark on the new recycling symbols standards. With arguments between family members about what items can be recycled, the new standard will inform in more details how each part of the packaging of products can be properly recycled or disposed of. This will hopefully increase our recycling rates and reduce the incidence of family breakdown. A copy of the presentation is attached.

 

There were presentations on disaster management and recovery and the need to plan for disaster resilient communications and infrastructure.

 

In the business section of the meeting, resolutions were considered, debated and resolved or lost. I have attached the list of resolutions dealt with. A few resolutions that are of particular relevance to Councils such as ours are:

 

18 Darebin City, VIC Carried

That the National General Assembly call on the Australian Government to:

 

·    Fund a $800 million Grey-spot program that provides pedestrian infrastructure in locations where there are older Australian (+65) to address high proportion of pedestrian deaths experience by older Australians.

·    Better manage pedestrian injury and risk, through a deeper understanding of the causes of death, injury and the operation of high risk locations.

·    Use the Principle Pedestrian Network Tool to map future and potential pedestrian demand across our cities.

·    Introduce polices to support the rapid up-take of electric vehicles;

·    Re-align the proportion of transport federal funding so that the three levels of Government in Australia have a more efficient and equitable match between their public responsibilities and their finances;

·    Support funding for other infrastructure to ensure safe walking routes for older pedestrians such as:

 

Rest areas and seats

Mobile battery charge stations

Crossing refuges

Water fountain

 

20 Lake Macquarie City Council, NSW Carried

That this National General Assembly call on the Federal Government to move from high-level vision to delivery for connecting major metropolitan centres through high speed rail. This infrastructure would transform Australia, enabling better connectivity between cities, regional centres and international gateways and improving the lives of most Australians.

 

27 Moyne Shire, VIC Carried

That the National General Assembly calls on Federal Members of Parliament in support of actions listed in the MAV “Rescue Our Recycling action plan being:

Action 1 - Mandate Product Stewardship:

Introduce mandatory product stewardship for all products that generate waste.

Put clear and binding targets within the Product Stewardship Act to drive action by industry. This approach would align with the polluter-pays principle, incentivising designers and producers to take responsibility for the environmental impacts of their products.

Action 2 - Tackle Consumer Packaging 5

In partnership with state and territory ministers, review the National Environment Protection (Used Packaging Materials) Measure 2011 to impose mandatory participation and binding obligations across the consumer packaging chain. As an interim measure, clarify obligations on industry so that it is easier to hold them to account.

Action 3 - Strengthen the National Waste Policy

In partnership with state and territory ministers, adopt an action plan for the national Waste Policy that includes firm and ambitious targets and timelines to fast-track our transition to a circular economy.

Action 4 – Regulate/ Ban Production and Importation of Hard to Recycle Materials.

Action 5 – Standardise Package Labelling and Certify Use of Recycled Content

Mandate adoption of the Australasian Recycling Label for all consumer packaging sold in Australia and adopt a certification system for recycled content in line with the US or European models.

 

84 Blue Mountains City Council, NSW Carried

That the National General Assembly calls on the Commonwealth Government to address the financial impact of visitation on local councils by exploring additional revenue raising options, including differential rates for tourism businesses, bed taxes and Federal/State funding programs specifically for tourism infrastructure renewal and maintenance.

 

Options

 

This report is for noting only.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to this report. Consultation has taken place with the General Manager in relation to this report.

 

Planning & Policy Implications

 

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

 

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 Councillor Alley at the Conference has been funded from within the existing budget allocation. The total cost of attendance at the conference was $2,643.27. This includes conference registrations, accommodation, travel and out-of-pocket expenses as allowed for under the Policy.

 

Attachments

 

1View. ALGA's National General Assembly Program - 2019

2View. ALGA Resolutions 2019

3View. Recycling Packaging Comments

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.11

 

Subject:     2018-2019 Operational Plan - End of Year Report as at 30 June 2019

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.1.4 Provide easy to understand and accessible community reporting.

 

F

 

RECOMMENDATION

 

That Council note the 2018-2019 Operational Plan - End of Year Report as at 30 June 2019.

 

Executive Summary

 

The 2018-2019 Operational Plan is a sub-plan of the adopted 2017-2021 Delivery Program.  The Delivery Program is designed as the single point of reference for all key activities to be undertaken during a term of Council. The Operational Plan spells out the detail of the individual actions, projects and activities Council will undertake in the financial year to meet the commitments made in the Delivery Program.

 

Progress reports to Council and the community provide a central point of information on the progress on delivering the actions set out in the 2018-2019 Operational Plan. The attachment to this report outlines what Council has delivered against each Operational Plan action, activity or project and seeks to provide concise and accurate reporting in relation to the progress made.

 

The overview section in this report provides an overall statistical snapshot of 2018-2019 Operational Plan performance by Community Theme. Further detail is provided below in each theme highlighting achievements and identifying actions that are currently reported as behind.

 

The attachment provides the full 2018-2019 Operational Plan progress report, which includes a comprehensive listing of each individual action and commentary on progress.

 

Meeting the targets and performance measures in the annual Operational Plan contributes to the overall achievement of the objectives outlined in the four year Delivery Program 2017-2021. The legislated requirement to report against the Delivery Program occurs on a six-monthly basis. That report is next scheduled to be tabled at the Ordinary Meeting of Council in September 2019. 

 

All capital works projects are incorporated into the body of the Operational Plan and as such are reported on as individual actions.  A number of projects may have design and construction elements and therefore can span across multiple years.

 

Discussion

 

(a)   Overview - 2018-2019 Operational Plan – End of Year report as at 30 June 2019

 

The 2018-19 Operational Plan contains 350 performance measures.  As at 30 June 2019, 84% were delivered or are on target to continue delivery into 2019-20, 16% are reported as behind. The table below provides a summary of the total number of performance measures and the status by Community Theme.

2018-2019 Operational Plan summary of performance measures by theme

Community Theme

Total No.

On Target/ Achieved

Behind 

Overall Delivery (%)

Leadership and Governance

90

84

6

93%

Your Community

85

72

13

85%

Your Business and Industry

25

21

4

84%

Natural and Built Environment

150

119

31

79%

Total

350

296

54

85%

 

The table below is comparative data of historical Operational Plan performance and provides information outlining year on year progress against the adopted 2018-19 Operational Plan.

 

 

(b)   Detailed Analysis by Community Theme

 

Included below is a summary of highlights and information of those actions that reported as behind according to each Community Theme within the Operational Plan.

 

COMMUNITY THEME: LEADERSHIP AND GOVERNANCE

 

Operational Plan summary of performance measures

2018 - 2019

Total No.

On target

Achieved

Behind

Overall %

1Q - July – Sept 2018

90

85

4

1

99%

2Q - Oct – Dec 2018

90

74

10

6

93%

3Q - Jan – Mar 2019

90

67

15

8

91%

4Q - Apr – Jun 2019

90

44

40

6

93%

 

 

Leadership and Governance - Summary of highlights

·    Over 75,000 calls were received through the customer call centre from 1 July 18 to 30 June 2019, with 75% of calls answered within 20 seconds meeting the level of service standard.

·    94% of initial customer interactions were dealt with at the first point of contact.

·    Over 92,800 counter enquires were processed, and over 32,000 e-mails were received through Customer Service offices in Laurieton, Port Macquarie and Wauchope from 1 July 2018 to 30 June 2019.

·    Over 780 Media releases, statements, alerts and announcements were issued from 1 July 2018 to 30 June 2019.

·    Total number of visits to Council's website was over 740,000. Website sessions was over 970,000 and page views was over 1,540,000. This represents an increase of over 6.5%, 6.2% and 3.6% respectively on the same period last year.

·    Likes for the corporate Facebook page increased from 7,966 as at 1 July 18 to 9,129 as at 30 June 19. Representing an increase of 14.6%.

·    Community Plan development ongoing with Bonny Hills, North Shore, Kew/Kendall, Camden Haven, Comboyne, Lake Cathie and Rollands Plains/Telegraph Point communities. Community-Council Action Teams established to support development of the plans. To date, over 900 community members have been engaged with the process.

·    Council Business Units, that includes, the Crematorium, Environmental Laboratory, the Airport and the Glasshouse reported increases in operating revenue compared to the same time last year.

·                      

Leadership and Governance - Operational Plan actions reported as behind

 

Operational Plan Activity 2018 - 2019

Lead
Responsibility

Success Measures

Target

Actual

1.3.4.3 Implement workplace strategies and processes to continue to improve Learning and Development

Organisational Performance

Implementation of Learning and Development Strategy actions

100%

50%

Behind schedule. Yet to commence. Implementation of strategy actions will take place once the strategy is adopted. Strategy currently in drafting phase.

 

1.3.4.5 CW Works Depot relocation - preconstruction/design (multi-year project in 2017-18 linked to 1.3.4.4 CW)

Assets and Property Investment

Deliver project according to approved project plan (Works Depot relocation)

100%

75%

Behind schedule. Land negotiations commencing.

1.3.5.3 Implement the Human Resource Information System (HRIS)

Organisational Performance

Commenced training of HRIS system

100%

0%

Behind schedule. This action is dependent on implementation of HRIS system. Training will commence once system selected and will continue into 2019-20 FY.

 

1.5.1.7 Greenmeadows Drive residential development planning

Assets and Property Investment

Develop concept plan for Greenmeadows Drive development

100%

50%

Behind schedule. Project on hold while Council finalise our approach to the existing community facility next door and our approach to community facilities in this area more broadly.

 

1.5.1.7 Greenmeadows Drive residential development planning

Assets and Property Investment

Lodge Development Approval application for Greenmeadows Drive development

100%

50%

Behind schedule. Project on hold while Council finalise our approach to the existing community facility next door and our approach to community facilities in this area more broadly.

 

1.5.1.8 Conduct asset revaluation of land under roads, stormwater, flood and foreshore assets

Assets and Property Investment

Complete asset revaluation by 30 June 19

100%

75%

Behind schedule. Asset Revaluation for Stormwater, Flood and Foreshore Assets is yet to be completed, pending CCTV condition analysis of Stormwater network. Request for Tender is currently in Draft, with the planned dates 29 February 2020 (Roads) and 30 April 2020 (Stormwater, Flood and Foreshore).

 

 

COMMUNITY THEME – YOUR COMMUNITY

 

Operational Plan summary of performance measures

2018 - 2019

Total No.

On target

Achieved

Behind

Overall %

1Q - July – Sept 2018

80

79

0

1

99%

2Q - Oct – Dec 2018

82*

77

0

5

94%

3Q – Jan – Mar 2019

85*

70

5

10

88%

4Q – Apr – Jun 2019

85

13

59

13

85%

*Increase in Operational Plan actions is a result of monthly budget adjustment reports to Council

 

Your Community - Summary of highlights

 

·    The Lifeguard education program has been delivered to over 4,600 students.

·    Implementation of the Recreation Action Plan is ongoing, actions include:

-     Hastings Regional Sporting Facility - Stage 1 development has detailed design for the facility ongoing;

-     Sancrox/Thrumster Sports Fields has the development application associated with earthworks approved. Development of the documentation to engage a consultant to undertake the detailed design of the facility has commenced;

-     Westport Park Riverwall and pathway upgrades complete; and

-     Hastings River Recreational Boating Facility has detailed concept plans developed. Land acquisition discussions ongoing with land owners for the project to move to finalisation stage.

·    Implementation of the Sporting Facility Renewal program is ongoing, actions include:

-     Blackbutt Park Facility upgrade and replacement of park furniture has site work commenced;

-     Port Macquarie Hastings Hockey Facility - installation of lighting to Field 2 is complete. Field construction has commenced and is scheduled to be completed by September 2019;

-     Port Macquarie Regional Sports Stadium construction of new training field including lighting is complete; and

-     Oxley Oval - Sporting Infrastructure upgrade has the upgrade to the incoming power supply complete.  Commencement of sports clubhouse construction has been delayed while project partners seek finalisation of funding deed.

·    Regional Master Planning for recreational facilities is ongoing:

-     Master Planning for the Vince Inmon Sporting complex had the draft master plan adopted at the June 2019 Council meeting;

-     Master Planning for Bain Park Wauchope is yet to commence and will align with the development of the Community Plan for
Wauchope; and

-     The draft master plan for Flynns Beach was presented to the Ordinary Council Meeting in July 2019 with further community engagement to be undertaken in 2019-20.

·    Port Macquarie Coastal Walk upgrade had the Westport Park segment of the Coastal Walk upgrade completed in November 2018. Construction works on the Charlie Uptin segment scheduled to commence in August 2019.  Design of the Doctors Walk segment is currently in the design phase.

·    306 pool inspections have been undertaken from 1 July 2018 to 30 June 2019.

·    287 public health inspections were undertaken from 1 July 2018 to 30 June 2019.

·    Library membership as at 30 June 2019 is 34,231 an increase from 33,087 compared to the same period last year.

 

· Your Community - Operational Plan actions reported as behind

 

Operational Plan Activity 2018 - 2019

Lead
Responsibility

Success Measures

Target

Actual

2.1.3.1 Monitor and take action as appropriate to ensure compliance with development approvals and building, environmental, public health and on-site sewage standards

Regulatory Services

Undertake 1,000 on-site sewage inspections

1,000#

836#

Behind target. Operational issues have impacted on meeting the annual target.

2.2.1.6 Finalise a new Port Macquarie Hastings Events Plan

Community Place

Commence implementation of actions relating to community events

100%

95%

Behind Schedule - The Event Plan was presented to the Executive Group for review in June. Feedback has then been incorporated into an updated draft to be resubmitted to the Executive Group in mid July. Council continued to deliver events for our community, including Bicentenary Event, Reclaim the night, Countdown to Christmas, New Years Eve Fireworks, Australia Day activities, Reconciliation Week, Four Season in one Dementia Day project, Youth Week, Seniors Week as well as planning for Artwalk 2019. The team also delivered three Mayors Sporting Fund events.

2.2.1.6 Finalise a new Port Macquarie Hastings Events Plan

Community Place

Finalise Events Plan

100%

95%

Behind Schedule - The Event Plan was presented to the Executive Group for review in June. Feedback has then been incorporated into an updated draft to be resubmitted to the Executive Group in mid July.

 

2.2.1.7 Finalise the Community Inclusion Plan, that determines focused actions for Seniors, Youth, Aboriginal Communities, Diversy, Multicultualism and LGBTIQ groups

Community Place

Implement the Community Inclusion Plan actions

100%

90%

Behind schedule.  The Community Inclusion Plan has been drafted and was presented to the Executive in June 2019 for comment. Key revisions have been made and the Plan will be resubmitted to the Executive before going to a Councillor Briefing and then to Council.

 

2.3.2.4 Undertake regional master planning for recreational facilities

Recreation and Buildings

Continue master planning for Flynns Beach

100%

60%

Behind schedule. Draft Master Plan developed following community engagement process. The Draft master plan was presented to the July 2019 Council Meeting prior to further community engagement being undertaken. Project to continue into 2019-20 FY.

 

2.3.2.6 CW Hastings River recreational boating improvements - Undertake design/pre-construction for provision of new facility as per Boating Needs Investigation Allocated Amount 2018-19 - $310,000

Recreation and Buildings (Infrastructure Delivery)

Deliver project according to approved project plan

100%

80%

Behind schedule. This project remains in the initiation phase. Design phase commencement is pending negotiations re land acquisition and traffic/intersection planning. No construction is proposed on this project during the 2018-19 FY. This project will continue into the 2019-20 FY.

 

2.3.3.12 CW Sancrox/Thrumster Sports Fields - Detailed design and approvals - multi-year project - Adopted 2017-18 - $300,000

Recreation and Buildings (Infrastructure Delivery)

Deliver project according to approved project plan

100%

85%

Behind schedule. This project continues from 2017-18 FY. This design phase only project is progressing towards design finalisation in late 2019. The design phase of this project is pending the Development Approval (private developer) for the filling of the sports field site, timing to be confirmed. No construction budget allocation has been made to this project at this stage.

 

2.3.3.15 CW Kendall Skatepark – renewal of facility at end of useful life – Design and construct Allocated Amount 2018-19 - $150,000

Recreation and Buildings (Infrastructure Delivery)

Deliver project according to approved project plan

100%

50%

Behind schedule. The initiation phase of this project dependent on confirmation of land availability for the proposed skatepark. This project to continue into 2019-20 FY.

 

2.3.3.18 Administration of public roads, public spaces, events and customer engagement: Section 138 Road Applications, Road Encroachments, Customer Enquiries, Statutory Road Functions, Road Policies

Transport and Stormwater Network

Deliver works in accordance with Council's Policies and Procedures

100%

90%

Behind schedule. Level of service for responding to applications and enquiries has dropped to a reduction in personnel within the Group.

2.3.4.03 Wayne Richards Park — Stage 3B detailed design and approvals - Adopted 2016-17 - $300,000

Recreation and Buildings (Infrastructure Delivery)

Deliver project according to approved project plan

100%

85%

Behind schedule. Design underway for this multi year project and is expected to continue into the 2019-20 FY with estimated design completion in May 2020. The construction phase would then be subject to depot relocation and budget allocation.

 

2.3.4.07 CW Googik Track - construct shared walkway/cycleway, Stage 2 - multi-year project - Adopted 2017-18 - $75,696

Recreation and Buildings

Deliver project according to approved project plan

100%

10%

Behind schedule. The next stage of works associated with the Googik Track was confirmed by National Parks at the August 2018 Googik Track Working Group Meeting. Design timelines are yet to be confirmed by National Parks.

 

2.3.4.12 CW Port Macquarie Town Centre Master Plan (TCMP) Improvements Banner Poles, Clarence St - Tree and Understorey Replanting, Foreshore Landscaping - General Embellishment, Gordon St Bridge

Recreation and Buildings

Deliver project according to approved project plan

100%

30%

Behind schedule. Gordon Street underpass works continuing and will be ongoing into 2019-20. There has been a change in the environmental pathway which has impacted the delivery. The following TCMP projects have been deferred to allow for focus on the finalisation of designs and approvals for the Port Macquarie Foreshore Walk: Foreshore Landscaping, Clarence Street Tree and Understorey Replanting and William Street - Tree and Understorey.

 

2.3.4.14 CW Port Macquarie Pool - Detailed design and approvals - Allocated Amount 2018-19 - $500,000

Recreation and Buildings

Deliver project according to approved project plan

100%

0%

Behind schedule. Commencement of detailed design to follow site selection process which is currently underway.

 

 

 

COMMUNITY THEME: YOUR BUSINESS AND INDUSTRY

 

Operational Plan summary of performance measures

2018 - 2019

Total No.

On target

Achieved

Behind

Overall %

 1Q - July – Sept 2018

25

23

0

2

92%

2Q - Oct – Dec 2018

25

23

0

2

92%

3Q - Jan – Mar 2019

25

23

0

2

92%

4Q - Apr – Jun 2019

25

2

19

4

84%

 

Your Business and Industry - Summary of highlights by Council Service

·    Implementation of the Small Business Friendly Council Program is ongoing and includes major initiatives, Local Preference Policy and Outdoor Dining Policy. Work has also commenced to draft an outdoor trading policy.

·    Implementation of actions relating to 'Major Events' is ongoing, 23 major events were supported from 1 July 2018 to 30 June 2019. The events resulted in a combined economic impact of over $36 million for the community.

·    Visits to the destination website for the 2018-19 financial year show an increase of 46.20% year on year. This represents an increase in users from 251,703 for 2017-18 FY to 367,991 for 2018-19 FY.

·    Port Macquarie Airport Terminal upgrade Stage 1 construction completed.

·    Port Macquarie Airport Terminal upgrade Stage 2 construction commenced.

·    Port Macquarie Airport Parallel Taxiway - Stage 1 and General Aviation pavement renewal has concept design finalised. The environmental assessment is ongoing and Biodiversity Certification Agreement is progressing with implementation post approval.

·    Town and village signage installation is ongoing. Site selection and the community engagement on the proposed symbolism is being facilitated through the Community Planning process.

 

Your Business and Industry - Operational Plan actions reported as behind

 

Operational Plan Activity 2018 - 2019

Lead
Responsibility

Success Measures

Target

Actual

3.1.2.1 Finalise Local Environmental Plan (LEP) and Development Control Plan (DCP) amendments in relation to a business park near Port Macquarie Airport

Strategic Land Use Planning

 

Report to Council regarding adoption of LEP and DCP amendments by 31 Dec

100%

50%

Behind schedule. Draft Planning Proposal received early June 2019 for the proposed airport precinct business park and biodiversity certification outcomes. Further report presented to the July 2019 Council Meeting for a decision to request a Gateway determination. Report also recommends a DCP be prepared for concurrent exhibition with the Planning Proposal.

3.1.2.2 Investigate the capacity of land at the intersection of Ocean Drive and Houston Mitchell Drive Lake Cathie, for potential service industrial development

Strategic Land Use Planning

Review of information submitted by landowners and progress report to Council by 31 December 2018

100%

95%

Behind schedule. Assessment report on the Planning Proposal presented to the April 2019 Council meeting for a decision to request a Gateway determination. Council has forwarded the Planning Proposal to the Department of Planning, Industry and Environment and is awaiting the issue of a Gateway determination.

 

3.1.3.2 Finalise and implement a new Port Macquarie-Hastings Events Plan

Economic Development and Communications

Finalise Events Plan

100%

95%

Behind schedule. The Events Plan was presented to Executive Group for review in June. Feedback has been incorporated into an updated draft to be resubmitted to the Executive Group in mid July 2019.

 

3.3.1.2 Support, facilitate and advocate for regular public transport (RPT) airline services at Port Macquarie Airport

Commercial Business Units

Increase in passenger numbers compared to previous year

100%

97%

Behind schedule. Passenger numbers for 2018-19 (214,794) are -2.8% behind 2017-18 (at 220,887 passengers). The decrease is attributed primarily to temporary regional network changes implemented by QantasLink during the year.

 

 

COMMUNITY THEME: NATURAL AND BUILT ENVIRONMENT

 

Operational Plan summary of performance measures

2018 - 2019

Total No.

On target

Achieved

Behind

Overall %

1Q - July – Sept 2018

142

125

5

12

92%

2Q - Oct – Dec 2018

 148*

130

7

11

93%

3Q - Jan – Mar 2019

 150*

119

9

22

85%

4Q - Apr – Jun 2019

150

48

71

31

79%

*Increase in Operational Plan actions is a result of monthly budget adjustment reports to Council

 

Natural and Built Environment - Summary of highlights

·    Provision of centralised sewerage systems for Comboyne, Long Flat and Telegraph Point as part of the small town sewerage program has construction commenced in October 2018 and is ongoing and will continue into 2020.

·    Stormwater flooding mitigation measures at Rodley Street Bonny Hills has Construction commenced in May 2019 and targeting completion in late 2019.

·    Construction of stormwater remediation measures for Stage 2 at Batar Creek Road Kendall is complete.

·    Construction of new footpath completed with locations including: 

-     Central Road, Port Macquarie;

-     Hill Street, Port Macquarie;

-     Ocean Drive, North Haven;

-     The Parade, North Haven; and

-     Kendall Road, Kew.

·    Construction of improved pedestrian amenity for Wauchope Main Street – Stage 1 has construction continuing with works underway on the northern side of High Street Wauchope.  Works will continue into 2019-20.

·    Construction to replace bridge over Harty’s Creek on Comboyne Rd completed.

·    Construction of the Newport Island Road roundabout on Hastings River Drive completed.

·    Substructure rehabilitation works on the Dunbogan Bridge - Reid Street - Construction contract awarded May 2019.  Contractor planning progressing on schedule and is ongoing.

·    Kindee Bridge structural repairs and bridge replacement optioneering has initial repairs and detailed investigations complete. Stage 2 works planned to commence in August/September 2019.

·    The Road Rehabilitation Programme included completion of the following projects:

-     Bago Road (Milligans to Herons Creek), Herons Creek with final bitumen seal planned for September 2019;

-     Beechwood Road (Riverbreeze to Waugh), Wauchope.Final bitumen seal planned for September 2019;

-     Colonial Circuit, Wauchope;

-     Burrawan Drive, Wauchope;

-     Fairmont Drive, Wauchope;

-     Range Street, Wauchope;

-     Bransdon Street, Wauchope;

-     Bay Street, Port Macquarie; and

-     Bellbowrie Street, Port Macquarie.

·    The Road Reseal Programme included completion of the following projects:

-     Lighthouse Beach - Local Roads, Port Macquarie;

-     Watonga Street, Port Macquarie; and

-     Matthew Flinders Drive Port Macquarie has been postponed until September 2019 to avoid impacting on the Ironman event.

·    New bus shelters have been installed across the region as per the Community Passenger Transport Infrastructure Grant Scheme in the following locations:

-     Beechwood Road, Beechwood (Two);

-     High Street, Wauchope;

-     Cameron Street, Wauchope;

-     Ocean Drive, Lake Cathie (Two);

-     Pacific Drive, Port Macquarie;

-     Ocean Drive, Port Macquarie;

-     Granite Street, Port Macquarie;

-     Greenmeadows Drive, Port Macquarie (Three);

-     Hastings River Drive, Port Macquarie;

-     Pacific Drive Port Macquarie;

-     Ocean Drive, West Haven; and 

-     The bus shelter at Port Macquarie Airport is in the planning phase.

·    Beach to Beach shared path at Camden Haven has construction of Stage D9 pathway practically complete.  Consultants engaged to undertake an alignment feasibility study and environmental pathway assessments for the remaining sections of path.

·    Lighthouse Road Tourism Connectivity Project - Lighthouse Road east upgrades - Matthew Flinders Drive to The Lighthouse has commenced and is ongoing.

·    The Gordon/Horton Street intersection upgrade has design work commenced.

·    The planning proposal for provisions for “gateway sites” at the intersection of the Pacific and Oxley Hwy was on public exhibition during April and May 2019. A report on the outcomes was presented to the June 2019 Ordinary Council Meeting.

·    Implementation of the Weed Management Program has included:

-     Over 620ha of land treated for invasive weeds;

-     Over 850kms of weed dispersal routes treated; and

-     Over 195 properties inspected for invasive weeds.

·    Over 1,280 customer requests relating to tree matters were handled from 1 July 2018 to 30 June 2019.

·    Over 1,800 Development Applications, s96 Development Modifications, Construction Certificates and Complying Development Certificates were determined within agreed processing times from 1 July 2018 to 30 June 2019.

 

Natural and Built Environment - Operational Plan actions reported as behind

 

Operational Plan Activity 2018 - 2019

Lead
Responsibility

Success Measures

Target

Actual

4.1.1.18 CW Commence construction of the Wauchope to Sancrox Trunk Main - Allocated Amount 2018-19 - $1,285,574

Water and Sewer (Infrastructure Delivery)

Deliver project according to approved project plan

100%

90%

Behind schedule. This project is in the finalisation of the design phase. During the previous reporting period the environmental assessment pathway for the proposed watermain was reviewed and the need for an Environmental Impact Statement (EIS) and Development Application (DA) was confirmed to be required for a portion of the propose route. These additional environmental assessment processes delayed the completion of the project design phase until mid 2019, hence delaying the potential construction commencement until the start of the 2019-20 FY at earliest. This project budget will consequently require some carry over into the 2019-20 FY.

 

4.1.2.2 CW Upgrade disinfection dosing system at various locations - Allocated Amount 2018-19 - $204,400

Water and Sewer

Deliver project according to approved project plan

100%

50%

Behind target. Sourcing alternative quotes for a sodium hypochlorite dosing package for the Telegraph Point Water Treatment Plant as the chlorine gas system proved not to be feasible.

 

4.1.3.01 CW Commence construction of the Port Macquarie Sewer rising main (PMSP71), Port Macquarie - Adopted 2017-18 - $1,388,749

Water and Sewer (Infrastructure Delivery)

Deliver project according to approved project plan

100%

85%

Behind schedule. This project continues from 2017-18 FY and is a multi-year project. Detailed design phase has reached completion during the reporting period, and construction phase progressing towards commencement in 2019-20 FY.

 

4.1.3.18 CW Preconstruction of Thrumster Sewerage Treatment Plant (STP -Area 13) - Phase 1 - 20000EP - Allocated Amount 2018 -19 - $511,000

Water and Sewer

Deliver project according to approved project plan

100%

50%

Behind target. This project has been included as a high priority with Intergrated Water Cycle Management project engagement with Public Works Advisory. It includes Environmental Impact Statement and feasibility assessment of different options for Thrumster and the Port Macquarie Sewer Treatment Plants that can cater for growth in the Port Macquarie area.

 

4.1.5.06 CW Black Swan Terrace - Stormwater detention facility - Adopted 2017-18 - $300,000

Transport and Stormwater Network

Deliver project according to approved project plan

100%

80%

Behind schedule. Project awaiting outcome from Dam Safety Committee and final design report delayed by service clashes.

 

4.1.5.07 CW Continue stormwater remediation - Calwalla Crescent - Allocated Amount 2018-19 - $275,000

Transport and Stormwater Network (Infrastructure Delivery)

Deliver project according to approved project plan

100%

85%

Behind schedule. Design phase complete. Construction commenced in July 2019 with expected completion prior to end of 2019 (subject to weather).

 

4.2.1.03 Undertake development of Coastal Management Plans (Coastal Management Program)

Environmental Services

Development of Coastal Management Plans complete

100%

50%

Behind schedule. Development of the overarching Coastal Management Program is dependent on funding. Grant funding being sought. Scoping study commenced in-house. Operational Plan action to continue into 2019-20.

 

4.2.1.03 Undertake development of Coastal Management Plans (Coastal Management Program)

Environmental Services

Development of Estuary Management Plans complete

100%

50%

Behind schedule. Development of the overarching Coastal Management Program is dependent on funding. Grant funding being sought. Scoping study commenced in-house. Operational Plan action to continue into 2019-20.

 

4.2.1.04 Wrights and Yarranabee Creeks Flood Study - Update to include Urban Drainage Systems

Environmental Services

Wrights and Yarranabee Creeks Flood Study complete

100%

70%

Behind target. Flood study presented to the December 2018 Ordinary Council Meeting, however due to policy change (climate change) further modelling mapping is required. Operational Plan action will continue into 2019-20.

 

4.2.1.08 CW Lake Cathie Illaroo Road Revetment Wall Funding Model

Environmental Services

Lake Cathie Illaroo Road Revetment Wall Funding Model complete

100%

60%

Behind schedule. The cost benefit analysis is currently under review by the Office of Environment and Heritage.  Funding model due to start and the Operational Plan action to continue into 2019-20 with finalisation expected be end of 2019.

 

4.4.1.02 Develop a Regional Integrated Transport Strategy - multi-year project

Transport and Stormwater Network

Deliver project according to approved project plan (Develop a Regional Integrated Transport Strategy)

100%

80%

Behind schedule. Project has been delayed due to the Orbital Community Engagement Project.

 

4.4.1.10 CW Lake Road - continuation of detailed design of dual lanes - Jindalee to Fernhill intersections and Chestnut Road to Ocean Drive - multi-year project

Transport and Stormwater Network (Infrastructure Delivery)

Deliver project according to approved project plan

100%

75%

Behind schedule. This design only project continues from 2017-18 FY. Design is now progressing towards anticipated completion in Aug 2019 due to additional traffic study investigations required to inform the detailed designs.

 

4.4.1.12 CW Beechwood Road - continue the design for Stages 5 and 6 of Beechwood Road reconstruction - Riverbreeze to Waugh Street - multi-year project

Transport and Stormwater Network (Infrastructure Delivery)

Deliver project according to approved project plan

100%

85%

Behind schedule. This design only project is progressing with additional flood modelling now completed. The finalisation of the designs is underway. Design completion is now expected in Sept 2019.

 

4.4.1.31 CW Deliver Bold Street Pedestrian Crossing Laurieton - Allocated Amount 2018-19 - $347,000

Transport and Stormwater Network (Infrastructure Delivery)

Deliver project according to approved project plan

100%

85%

Behind schedule. Design completion has been delayed as a result of the May 2019 Ordinary Council Meeting. Determination on delivery for project is expected at July 2019 Ordinary Council Meeting. Construction commencement now not expected prior to Sept 2019 at earliest.

 

4.4.1.33 CW  Continue detailed designs - north of Miala Street to Orana Drive Lake Cathie - Adopted 2017-18 - $250,000

Transport and Stormwater Network (Infrastructure Delivery)

Deliver project according to approved project plan

100%

85%

Behind schedule. This design only project continues from 2017-18 FY. The design engagement process is progressing and community engagement session complete.  A council report was presented to the Dec 2018 Ordinary Council meeting summarising the community feedback. Council resolved to update the concept design to include parking lanes and a supplementary community engagement activity is proposed to inform the community of the updated designs once completed. The detailed design for the project will then follow for section A (Southern portion of works, Miala to Fiona Cres) and continue in 2019-20FY. Target design completion has extended from Sept to Dec 2019.

 

4.4.1.48 Development Contribution Plan (Roads) Review and Update

Transport and Stormwater Network

Deliver project according to approved project plan

100%

80%

Behind schedule. Project scoping has been delayed due to other higher priority program activities. Planning commenced on producing interim contributions plan.

 

4.4.1.52 AUS-SPEC Review - Undertake a comprehensive review of Councils full suite of design and construction specifications - multi-year project

Transport and Stormwater Network

Deliver project according to approved project plan

100%

80%

Behind schedule. Implementation of revised specifications have been delayed by other higher priority projects.

 

4.5.1.07 Investigate LEP and DCP amendments for the proposed Yippin Creek urban release area to the west of Wauchope

Strategic Land Use Planning

Report recommended draft planning outcomes to Council by 30 June

100%

50%

Behind schedule. Project status considered as part of April 2019 Council report on UGMS priorities and funding received from interested landowners. Consultants engaged for bushfire, flooding and stormwater. Fee proposals being assessed for biodiversity.

 

4.5.1.08 Commence preparation of Local Environmental Plan (LEP), Development Control Plan (DCP) and Contributions Plan (CP) provisions for the Port Macquarie Health and Education Precinct

Strategic Land Use Planning

Completion of a Project Plan for the LEP, DCP and CP process by 31 December 2018

100%

90%

Behind schedule. Master Plan exhibited but not yet reported to Council. Commencement of LEP, DCP and Contributions Plan amendments delayed

 

4.5.1.08 Commence preparation of Local Environmental Plan (LEP), Development Control Plan (DCP) and Contributions Plan (CP) provisions for the Port Macquarie Health and Education Precinct

Strategic Land Use Planning

Implementation of key Stage 1 actions in accordance with the Project Plan by 30 June 2019

100%

50%

Behind schedule. Master Plan exhibited but not yet reported to Council. Commencement of LEP, DCP and Contributions Plan amendments delayed.

 

4.5.1.10 Commence a review of housing related Local Environmental Plan (LEP) and Development Control Plan (DCP) provisions to promote housing choice options

Strategic Land Use Planning

Preliminary support studies complete to inform the review by 30 June 2019

100%

75%

Behind schedule. Delay to the appointment of consultants due to the need to obtain revised fee proposals. Consultants expected to be appointed in July 2019 to undertake the preparation of the Local Housing Strategy. Project expected to be completed in 2019-20 FY.

 

4.5.2.2 Commence a review of the Major Roads Contributions Plan and Water and Sewerage Development Servicing Plans for completion in 2020

Strategic Land Use Planning

Preliminary support studies complete to inform the review and an update provided to Council by 30 June 2019

100%

90%

Behind schedule. Roads, water and sewerage works program under preparation as pre-curser to Contributions Plan and Development Servicing Plans review.

 

4.6.1.01 Undertake weed management program according to the Mid North Coast Invasive Plant Species Strategy 2012, working in partnership with community groups such as Landcare

Environmental Services

20% of all plant nurseries in the local government area (LGA) inspected for invasive weeds

100%

0%

Behind schedule. Due to resourcing constraints, this target has not been met.

4.6.1.01 Undertake weed management program according to the Mid North Coast Invasive Plant Species Strategy 2012, working in partnership with community groups such as Landcare

Environmental Services

300 properties inspected for invasive weeds

300#

196#

Behind schedule. Due to resources constraints and recruiting processes, this program has not achieved its targets.

 

4.6.1.02 Control feral animals on Council-controlled land

Environmental Services

Undertake feral animal control

100%

0%

Behind schedule. Delayed due to the requirement to review the action plan.

4.6.1.04 In collaboration with community groups, such as Landcare, implement the Bushland Regeneration Program

Environmental Services

1,200ha of bushland under active management

1,200ha

 724ha

Behind schedule. Resourcing limitations resulting from vacancies in this area have prevented this program from meeting target. The new Team Leader commenced in April 2019, However, there are now vacancies within the Bushland Regeneration Team that have meant the prescribed targets have not been met.

 

4.6.1.06 Inform and educate residents, industry and community groups about Council’s tree management requirements within the Port Macquarie-Hastings 2013 Development Control Plan (DCP)

Recreation and Buildings

Provide advice in accordance with service standards and industry best practice

100%

53%

Behind target. Total number of Customer Requests received for the period from 1 July 2018 to 30 June 2019 was 1,284. Of these, 974 (Public), 195 (Private) and 12 (Illegal tree removal/pruning). In addition there were 50 (Storm) and 6 (Rural Roads) related enquires. 48 customer requests currently exceed service standard. This was impacted by a number of storm events resulting in tree damage during the reporting period.  Additional information: 416 enquires (331 public phone and 85 private phone and email enquires). This does not include calls transferred from call centre to mobile or landline. In addition, there were 169 internal enquiries.

 

4.6.1.08 Undertake implementation of the Koala Management Strategy incl the Koala Management Project - Fire & Biodiversity Consort, the Koala Road Strike Project, Flood Mitigation Maintenance Program

Environmental Services

Commence implementation of the identified actions in the Koala Management Strategy

100%

50%

Behind schedule. Resourcing constraints have led to only partial delivery of this project.

 

4.6.1.11 Hastings River Streamflow and Rainfall Gauges

Environmental Services

Hastings River Streamflow and Rainfall Gauges

100%

0%

Behind target.  Awaiting Crown Lands licence.

4.7.1.2 CW Install solar energy systems at the Kew Waste Transfer Station and the Port Macquarie Reclaimed Water Treatment Plant

Water and Sewer

Solar system installation at the Port Macquarie Reclaimed Water Treatment Plant complete

100%

25%

Behind target. Public works were engaged to develop tender specifications. Delays with the submission of these documents to Council have caused delays. Specifications have now been completed and requests for quotation will go out in Q1 of 2019-20 FY.

 

4.7.1.6 CW Install solar energy systems at selected existing Council facilities - Allocated Amount 2018-19 - $100,000

Recreation and Buildings

Install solar energy systems at identified Council facilities

100%

80%

Behind schedule. Two nominated projects at the Wauchope and Kendall Pool have had all preliminary works completed. Procurement deferred. An internal review carried out by Governance and Procurement completed. Budget line has been carried over to the 2019-20 FY so the projects can be delivered once approval has been given.

 

 

Options

 

Seek further information on the content in this report.

 

Community Engagement & Internal Consultation

 

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

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The Quarterly Budget Review Statements are tabled separately and reflects the financial implications against the 2018-2019 Operational Plan.

Attachments

 

1View. 2018-2019 Operational Plan End of Year Progress as at 30 June 2019 

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.12

 

Subject:     2018-2019 Financial Statements Audit

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

1.       That Council refer to audit the draft Financial Statements as at 30 June 2019.

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

 

Executive Summary

 

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

 

Discussion

 

The draft financial statements for the year ended 30 June 2019 are nearing completion.  The external audit is due to commence on the 23 September 2019.  The auditors aim is to complete their audit by mid October 2019 which means the statutory deadline of 31 October 2019 will be met.  A copy of the audited financial statements is due at the Office of Local Government by 31 October 2019.

 

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

 

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

 

Options

 

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

 

 

 

Community Engagement & Internal Consultation

 

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

 

Planning & Policy Implications

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

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. 2018-19 General Purpose Reports - Statement

2View. 2018-19 Special Purpose Reports - Statement  

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.13

 

Subject:     Investments - July 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 July 2019.

 

Executive Summary

 

·    Total funds invested as at 31 July equals $289,829,856.

·    Interest for the month of July was $714,792.

·    The year-to-date investment income of $714,792 represents 9% of the total annual investment income budget of $8,395,000.

·    Council’s total investment portfolio performance for the financial year to date was 1.52% above the benchmark (2.94% against 1.42%).  Benchmark being the Bank Bill reference rate as at 31 July 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 31 July 2019, comply with this Act.

 

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

 

As at 31 July 2019, the investments held by Council totalled $289,829,856 and were attributed to the following funds:

 

General Fund

116,549,280

Waste Fund

17,644,842

Water Fund

94,945,362

Sewer Fund

59,238,324

Sanctuary Springs Fund

                                            37,678

Broadwater

1,414,370

 

289,829,856

 

 

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 on a year to date basis. On an annual basis, if benchmark levels are not reached, then this may result in budget cuts in other areas to fund the shortfall.

 

Council’s total investment portfolio performance for the financial year to date is 1.52% above the benchmark (2.94% against 1.42%) and year to-date income is 9% of the total annual budget. 

 

It should be noted that investment income is noted as a gross amount. Section 97(5) of the Local Government Act 1993 indicates that any security deposit held with Council must be repaid with interest accrued. These security deposits will only relate to bonds held for security to make good damage done to works.

 

The overall investment income will be adjusted at financial year end by the total interest refunded on repayment of bonds. As Council constantly receives and refunds bonds, it is difficult to accurately determine the quantum of these refunds.

 

Certification

 

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

 

Nicole Spencer

Responsible Accounting Officer

 

 

Attachments

 

1View. Port Macquarie-Hastings Council Monthly Report - July 2019

2View. Port Macquarie-Hastings Council Portfolio as at 31 July 2019 

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.14

 

Subject:     Monthly Budget Review - July 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:

1.       Adopt the adjustments in the “July 2019 Adjustments” section of the Monthly Budget Review – July 2019.

2.       Amend the 2019-2020 Operational Plan to include all budget adjustments approved in this report.

 

 

Executive Summary

 

This report details monthly budget adjustments recommended to be made for the month of July 2019.

 

The Council adopted budget position as at 1 July 2019 was a shortfall of $975,198 and as at 31 July 2019 this remains unchanged.  

  

Discussion

 

Each month, Council’s budgets are reviewed by Group Managers and Directors with any required adjustments reported.  The purpose of this report is to provide Council with an up to date view of the current actual financial position in comparison to the original adopted 2019-2020 budget position along with the proposed movement of funds to accommodate any changes.

 

Any budget variations which are greater than $50,000 and 2% of the project budget are reviewed and approved by the Executive Group, in their function to oversee operational activities and approve operational actions.

 

Monthly Budget Review Summary

 

Original Budget as at 1 July 2019

Shortfall

($975,198)

Plus adjustments:

 

 

July Review

Balanced

$0

Forecast Budget Position for 30 June 2020

Shortfall

($975,198)

 

July 2019 Adjustments

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

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

 

Description

Notes

Funding Source

Amount

Grant Funding

1

Grant

$391,946

Reserve Movements

2

Reserves

$168,640

Contributions and Other Revenues

3

Contributions

$78,382

Section 7.11 Contributions

4

Section 7.11

$0

Budget Variation Requests

5

Grant/Reserve/ Section 7.11 Contributions/Revenue

$1,434,135

Transfer Between Projects

6

Revenue

$405,000

Council Resolutions

7

Section 7.11 Contributions

$59,000

Budget Reductions on May Project Deferrals

8

Grant/Reserve/Section 7.11 Contributions/ Revenue

$514,409

Total

 

 

  $3,051,512

1.    Grant Funding

The total net increase in grant funding for 2019-2020 is $391,946.

 

Council Project

Grant Provider

Grant Funding

Other Funding*

Comment

North of The Hastings River - Level 3 Timber Bridge Assessments

Restart NSW

$180,000

$50,000

Funding for level 3 timber bridge assessments

Kooloonbung Creek Flying Fox Camp Management Plan

Local Govt NSW

$30,750

$35,000

Funding for the development of a flying fox management plan at Kooloonbung Creek

Beach to Beach Shared Pathways

RMS

$75,000

$0

Additional funding to construct an elevated boardwalk at Camden Haven

CDAT Drug Action Week

Australian Drug Foundation

$3,500

$0

Funding for 2019/20 CDAT Drug Action Week

Lake Cathie Master Plan Implementation

NSW Department of Premier & Cabinet

$102,696

$0

Additional funding for the upgrade of amenities, park and pathways as part of the Stronger Country Communities Fund

Total Grant Funding

$391,946

$85,000

 

 

* Other funding already contained within existing budgets

 

2.       Reserve Movements

 

Council Project

To/From Reserve

Amount

Other Funding

Comment

Building Rectification Works (40415)

Transfer to Working Capital Reserve

($21,360)

$0

Project 41739 (Vroom Augmented Library Spaces) was over-spent in 2018/19, this adjustment repays the Working Capital Reserve which funded this over-spend in 2018/19.

Tourism Marketing

Transfer from Economic Development Reserve

$190,000

$0

The Winter Campaign was delayed due to technical issues with the Virgin booking platform. The budget in 2018/19 for this campaign was transferred to reserve to allow the completion of this project. This transfer moves the reserve back to the Tourism Marketing budget for 2019/20.

Reserve Movements

$168,640

$0

 

 

3.  Contributions and Other Revenues

 

Council Project

Received From

Amount

Other Funding

Comment

Council Offices & Building - LED Lighting Upgrade

NSW Government’s Energy Savings Scheme

$18,562

$0

Council has received Energy Saving Certificates which will be used to undertake further LED lighting installations.

Yippin Creek Planning Investigations

Planning proposal fees from landowners

$59,820

$0

Council received planning proposal fees from landowners to undertake the Yippin Creek Study Area Project.

Total Contributions and other Revenues

$78,382

$0

 

 

4.    Section 7.11 Contributions

 

Nil

 

5.    Budget Variation Requests (approved by Executive)

 

Project Name

Funding Source

Amount

Comments

Illaroo Rd Stormwater Remediation

Reserve

$45,000

The removal of illegally dumped asbestos at Lake Cathie will be undertaken with the Illaroo Rd Stormwater Project.  The expected cost of removal will be funded by the waste fund.

Footpath, Cycleway and Pedestrian Management Project

Reserve

$12,000

Budget increase approved by Executive in 2018/19.  It was agreed that this would be repaid to the working capital reserve in the 2019/20 allocation.

Kingfisher WTF

Reserve

$793,030

Executive approved a budget variance to increase the scope of the Kingfisher WTF Weighbridges and Gate Office Upgrade to include additional stormwater drainage.  This increase in scope has an associated increase in cost.

Airport Terminal Building Upgrade

Reserve

$500,000

This increase in contingency and the associated budget adjustment is required for completion of the Airport Terminal Upgrade, noting a relatively low initial construction contingency allocation and additional costs associated with electrical services design, investigations and liaison with relevant authorities.

Strategic Land Use Planning & Contributions

Revenue /Reserve

$84,105

Employment of new Admin Assistant in Strategic Land Use Planning & Contributions

Total Approved Budget Variations

$1,434,135

 

 

6.    Transfer Between Projects

 

Transfer from

Transfer To

Amount

Comments

Bridge Operational Budget

Scrubby Creek Bridge

$405,000

Council secured a bridge renewal grant for Scrubby Creek Bridge of $455,000 which is required to be matched by Council.  $50,000 was allocated in the original budget, the remaining $405,000 will be transferred from the Bridge Operational Budget.

Total Transfers Between Projects

$405,000

 

 

7.    Council Resolutions

 

Description

Comment

Amount

Source

Sporting Fields Improvement program costs associated with lighting tower locations.

Council resolved at the Ordinary Council Meeting (Item 14.10), 21st November 2018 to allocate additional funding to this project to cover costs associated with the construction and placement of lighting towers.

$39,000

Reserve

Land Acquisition - Lake & Blackbutt Roads, Port Macquarie

Council at the Ordinary Council Meeting (Item 13.02), 19th June 2019  to allocate $20,000 inclusive of legal costs for the land acquisition at the Lake & Blackbutt Road roundabout.

$20,000

Reserve

Total Council Resolutions

$59,000

 

 

8.    Budget Reductions on Project deferrals

 

The following projects have budgets which were deferred to 2019/2020 as the projects were not expected to be completed the 2018/19 financial year. The below budget reductions take into account any spending on these projects in 2018/19 that were greater than the remaining 2018/19 budget.

 

Project Name

Source of Funds

Amount

John Oxley Drive

Section 7.11/ Reserve/Revenue

$3,144

Lighthouse Rd - Project Management

Section 7.11/ Reserve/Revenue

$1,091

Lighthouse Rd - Tourism Connectivity Project

Reserve

$62,294

Westport Stormwater Plan

Reserve

$2,224

Flynns Beach Seawall

Grant/Reserve

$228,405

Reclaimed Water - Area 14 Trunkmain

Section 7.11 Contributions/Reserve

$175,722

Sancrox Reservoir to Area 13 Trunkmain

Section 7.11 Contributions

$41,529

Total Budget Reduction on Deferrals

 

$514,409

 

Options

 

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

 

Community Engagement & Internal Consultation

 

Not applicable.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The Attachment to this report contains information of each individual budget adjustment by Division and Section. The budget movements within this report maintain the budget position of a shortfall of $975,198.

Statement by Responsible Accounting Officer

 

“The adopted original budget result for 2019-2020 was a shortfall of $975,198.  As of 31 July 2019, this position remains unchanged. This position is considered an unsatisfactory result for the year.  As such, all budgets will need to be closely monitored with the view to reduce this shortfall position”.

 

Attachments

 

1View. July 2019 Monthly Budget Review 

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.15

 

Subject:     2018-2019 Carry-over Projects

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

redu

 

RECOMMENDATION

                                            

That Council:

1.       Adopt the 2018-2019 carry-over projects outlined in this report for inclusion in the 2019-2020 budget.

2.       Amend the 2019-2020 one year Operational Plan to include all projects approved to be carried over as individual action items.

 

Executive Summary

 

This report lists projects from the 2018-2019 budget which were not completed in the financial year and need to be carried over into the 2019-2020 budget to enable finalisation.  Adopting these projects for inclusion in the 2019-2020 Operational Plan (and budget) ensures that they will continue or be completed.

 

Preliminary expenditure figures show that Council has expended almost $60 million in 2018-2019 on works program projects including land purchases. This level of expenditure is slightly more than last year, although slightly lower than the average over the last 5 years as shown in the following table.  The expenditure amount, however, is impacted by the phase of significant projects, for example, when the project in is planning phase the level of expenditure may be less than during the construction phase and not always indicative of the amount of work completed. 

 

Some of these projects are capital whilst others are operational in nature.

 

This expenditure is in addition to recurrent operational expenditure incurred in delivering services to the community.

 

Year

Total Works Program Spend

2018/2019 - Preliminary

$59,965,400

2017/2018

$56,255,526 *

2016/2017

$69,058,059

2015/2016

$79,662,838

2014/2015

$45,560,938

Average

$62,100,552

*This figure was reported to the 16 August 2018 Ordinary Council meeting as $56,059,379 as a preliminary result.

 

The following table illustrates the level of carry-over in relation to the total budget for the last 5 years. Note that the Revised Budget at 30 June is the final budget for the year which takes into account any carry-overs from the previous year and budget adjustments throughout the year.

 

Year

Original Budget

Revised Budget at 30 June

Carry-over

2018/2019

$67,289,844

$89,803,038

$24,809,194

2017/2018

$122,733,342

$100,989,586

$29,827,793

2016/2017

$70,430,758

$92,471,167

$19,053,479

2015/2016

$90,516,673

$121,897,961

$32,350,287

2014/2015

$90,885,749

$80,274,041

$20,994,898

 

Discussion

 

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

 

Attached to this report is a full listing of projects that were partially completed in 2018-2019 and need to be carried over to allow completion in the 2019-2020 financial year. The carry-over value from 2018-2019 is $24,809,194 and is broken down into the following deferral categories:

 

Deferral Category

Amount

Awaiting Design

$13,974

Awaiting Tender

$179,206

Grant Not Received

$88,432

Multi-year project

$17,962,658

Other

$2,547,333

Operational Considerations                      

$3,725,726

Weather

$291,865

Total

$24,809,194

 

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

 

Fund

Section

Amount to

be carried

over

General Fund

Airport

212,906

Asset Design

274,731

Assets & Property Investment

366,693

Broadwater Special Rate

159,146

Community Engagement

8,774

Community Place

422,352

Digital Technology

1,529,769

Drainage

676,961

Facilities

207,505

Ferry Management

291,865

Fleet Management

1,988,969

Infrastructure Delivery Projects

209,120

Library

114,526

Natural Resources

1,246,232

Network & Project Planning

814,426

Noxious Plants

108,502

Parks & Recreation

3,675,576

Property & Leasing

440,000

Strategic Land Use Planning

239,750

Transport and Traffic

3,984,452

General Fund Total

16,972,255

Sewer Fund

Sewerage Services

5,652,072

Sewer Fund Total

5,652,072

The Glasshouse

Glasshouse Back of House Operations

138,257

Glasshouse Cultural

41,426

Glasshouse Front of House

26,848

The Glasshouse Total

206,531

Waste Mgt

Waste Disposal

1,259,748

Waste Mgt Total

1,259,748

Water Fund

Water Supply

718,588

Water Fund Total

718,588

Grand Total

24,809,194

 

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

 

Grant Funded Projects

 

If a project is subject to grant conditions Council is obliged to carry-over any unspent funds for the purposes of completing the project. If all of the grant funding is not required, then Council is generally required to repay the unspent grant funds.  Delays in grant projects can be caused by delays in grant confirmations from the relevant granting authority. The table below represents the funding composition of the carry-over projects, with grant funding representing 18.76% of the total.

 

Funding Source

Amount

%

Revenue

3,141,312

12.66%

Reserves

13,242,873

53.39%

Grants

4,655,134

18.76%

Environmental Levy

775,124

3.12%

Contributions

689,785

2.78%

Section 7.4 and 7.11 Contributions

1,014,387

4.09%

Section 64 Contributions

1,290,579

5.20%

Total

$24,809,194

100.00%

 

Operational Considerations

 

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

 

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

 

 

Budget Development Timeframes

 

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

 

Multi-year Projects

 

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

 

Of the total carry-over of $24,809,194, projects that are considered to be multi-year projects amount to $17,962,658 or 72%.  The projects that are considered multi-year projects are outlined in the attachment to this report.

 

Future considerations

 

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

 

Phased capital budgets have been included in the budget for a number of years now. Regular monitoring through the phasing of capital budgets assists in the early detection and management of potential carry-overs during the current year. 

 

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

 

Options

 

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

 

Consultation/Submissions

 

Consultation has taken place with all Divisions of Council.

 

Planning & Policy Implications

 

There are no direct policy implications as a result of this report, however the Operational Plan for 2019-2020 will need to be adjusted to include the carry-over projects to be completed in 2019-2020.

 

Financial & Economic Implications

 

The attached report outlines the carry-over projects and the amount of the carry-over for each project. By carrying over the remaining budgets for these projects, funding will be available in 2019-2020 to undertake the works remaining on these projects.

 

Attachments

 

1View. 2018-2019 Carry-Over Report  

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.16

 

Subject:     Opportunities for Local Firms to do Business With Council

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.2 Use procurement, tendering, purchasing and contract management approaches that are transparent and equitable.

 

 

 

RECOMMENDATION

 

That Council note the information provided relating to the Tendering Local Preference Policy.

 

Executive Summary

 

This report details the results of the Tendering Local Preference Policy adopted by Council in October 2018 and provides information relating to the application of the policy on Council’s tender processes.

 

The Policy has been introduced to support local businesses and encourage local economic business activity for the benefit of the Port Macquarie - Hastings community. The Policy complements Council’s integrated strategy to support local business.

 

Discussion

 

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

 

11.01 OPPORTUNITIES FOR LOCAL FIRMS TO DO BUSINESS WITH COUNCIL

RESOLVED: Pinson/Hawkins

That Council:

1. Note the information provided relating to the Local Preference Policy 12 month trial period.

2. Adopt the attached Local Preference Policy incorporating a 5% Notional Price Offset.

3. Request the General Manager provide an annual report each August on the outcomes of the Local Preference Policy.

CARRIED: 7/0

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

AGAINST: Nil

 

For the purpose of clarity, the Tendering Local Preference Policy has defined:

 

·        “Notional Offset”, as a five percentage (5%) discount, capped to an upper limit of $25,000, to the pricing submitted by local suppliers to be used in the tender evaluation process.  It offers a price advantage to local/regional suppliers during the tender evaluation.

 

·        “Local Supplier”, as a tenderer will be a Local Supplier for the purposes of this Policy if it is a business which:

 

in the case of a business which has been operating for more than 3 months prior to lodging the relevant tender:

·    has its principal place of business within the LGA or within 5 kilometres of the boundaries of the LGA and has had for the 3 months prior to the lodging of the relevant tender; and

·    operates within a market within the LGA and has been doing so for the 3 months prior to the lodging of the relevant tender, or

 

in the case of a new business which has not been operating for 3 months, has its principal place of business within the LGA or within 5 kilometres of the boundaries of the LGA, and has been operating or is proposing to operate within a market in the LGA”.

 

There have been 48 tender processes initiated between 20 September 2018 (the date of the previous report to Council) and 31 July 2019.  Of this number, 39 RFT processes have been resolved by Council as at the Ordinary Council Meeting held on 17 July 2019.  The Local Preference Policy (LPP) has been applied to 28 of these Request for Tender (RFT) processes.

 

There have been 14 instances where the Local Preference Policy has not been applied to a RFT process (11 resolved, 3 to be resolved by Council).  The reasons for not applying the LPP resulted from the selection of external suppliers under Section 55 (3) of Local Government Act 1993 and from the utilisation of external contracts from both Local Government Procurement and Regional Procurement.

 

To date, the LPP notional offset that has been applied to the evaluation of Local Supplier’s tender submission has not influenced the determination of the tender process outcome.  There have been seven (7) Local Suppliers identified as preferred tenderers and awarded contracts, with all seven (7) Local Suppliers being ranked as providing Council the most advantageous offer prior to the application of the notional offset.  The following Local Preference Policy statistics provide a detailed comparison of the tender outcomes and the composition of the local/non-local market responding to Council’s RFT processes.

 

LOCAL PREFERENCE POLICY STATISTICS

 

No. of Tenders

% of Tenders

Request for Tender processes initiated after
20 September 2018

48

 

 

 

 

Resolved by Council as at 17 July 2019

39 / 48

81%

Local Preference Policy applied to Request for Tender

28 / 39

72%

Local Preference Policy NOT applied to Request for Tender

11 / 39

28%

Local Supplier Awarded Contract with LPP applied

7 / 28

25%

Local Supplier is Ranked 1 before LPP and Notional Offset applied

7

 

Influence on Determination of Tender

0

 

 

 

 

Tenders response composition (where LPP applied)

Local Suppliers & External Suppliers

15 / 28

53%

Only Local Suppliers

2 / 28

7%

Only External Suppliers

10 / 28

36%

Request for Tender with no responses

1 / 28

4%

Total Number of Tenderers

113

 

Total Number of Local Suppliers

35

 

% of Local Suppliers

 35 / 113

31%

 

 

 

To be Resolved by Council

9 / 48

19%

To be Resolved by Council - Local Preference Policy applied

4 / 9

44%

To be Resolved by Council - Local Preference Policy NOT Applied

3 / 9

33%

Request for Tender processes under Negotiation

2 / 9

22%

 

 

 

Reasons Local Preference Policy has NOT been Applied

External Suppliers Sought - Section 55 (3)

5

 

Local Government Procurement (LGP) Process*

4

 

Regional Procurement (REGPRO) Process*

3

 

Other (where LPP not applicable due to type of tender)

2

 

* Local Government Procurement and Regional Procurement provide tendering services on behalf of NSW councils

 

It is noted that while the LPP to date has not influenced the determination of a tender process outcome, there has been an increase during the last reporting period (since September 2018) in the number of local suppliers tendering for Council business (35 compared to 19).  This is attributed to a number of factors including:

 

·    the adoption of the Tendering Local Preference Policy;

·    the nature of the works / services being sought; and

·    Council’s broader Procurement Strategy actions, including:

·                  2.2      Engage and collaborate with local business and industry groups to promote awareness of Council procurement opportunities and procurement;

·                  3.1      Continue to review and improve procurement processes to improve efficiency and reduce red tape.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Internal consultation has been undertaken with:

 

·    Director, Corporate Performance;

·    Acting Group Manager, Financial Services; and

·    Strategic Procurement Manager.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

There are no financial implications in relation to this report.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.17

 

Subject:     Innes Gardens Memorial Park Crematorium and Lawn Cemetery - Community Consultation

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information provided in this Innes Gardens Memorial Park Crematorium and Lawn Cemetery Community Consultation report;

2.       Thank the community for the feedback received during the recent consultation period regarding Innes Gardens Memorial Park.

 

Executive Summary

 

Innes Gardens Memorial Park provides a range of crematorium, lawn cemetery and memorialisation services to the community in conjunction with funeral services provided by local Funeral Directors.  Innes Gardens is located at Philip Charley Drive Port Macquarie and includes a 150-seat chapel, administration offices, extensive grounds and memorial gardens.

 

This report provides details of the feedback received during the recent community consultation undertaken regarding Council’s consideration of the potential sale or lease of Innes Gardens Memorial Park Crematorium and Lawn Cemetery.

 

The report also provides an overview of the operating and financial performance of Innes Gardens Memorial Park Crematorium and Lawn Cemetery over the past 10 years for community information purposes.

 

Discussion

 

At the Ordinary Council Meeting held on 19 June 2019, Council considered a confidential report on Innes Gardens Memorial Park and resolved as follows:

 

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 15.09 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

 

This report addresses Resolution 5 and 6 (in part) above and provides details of the community consultation recently undertaken and feedback received.

 

It is noted that a separate confidential report is also being tabled to this August 2019 Council meeting within the Confidential Committee of the Whole addressing Resolutions 3, 4 and 6 (in part) above.  The confidential report provides details of the negotiations undertaken with organisations that registered an interest or submitted a proposal and attended the RFP T-19-19 site inspections, for Council’s further consideration of the Innes Gardens Memorial Park Crematorium and Lawn Cemetery.  The 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.

 

Community Consultation

 

In accordance with Resolution 5 above, further information was published regarding Council’s current consideration of the crematorium, lawn cemetery and memorialisation services provided at Innes Gardens Memorial Park.  This information included a range of frequently asked questions (as per the attached Fact Sheet) which was made available via Council’s “Have Your Say” online community engagement hub during the period 1 - 28 July 2019.

 

A summary of the “Have Your Say” activity during this period is provided below.  Reports detailing the survey responses and other feedback received via the “Have Your Say” engagement hub are attached to this report.

 

At the close of the consultation period, 21 online submissions (surveys / comments) were received.  In addition to the online submissions, one (1) further written submission was received.

 

Of the 21 online surveys completed via the “Have Your Say” website:

·    13 (or 62%) expressed concern regarding a proposed sale / lease of Innes Gardens Memorial Park; and

·    8 (or 38%) expressed no objection to the proposal.

 

Concerns identified through the online survey (listed in priority order) included:

 

1. Ensuring the protection of existing burial and cremation remains

 

Response: There would be no impact on existing remains if Innes Gardens Memorial Park was sold to another operator. The perpetual care, protection and management of existing interments and inurnments at Innes Gardens is secured under the Cemeteries and Crematoria Act 2013.

 

Council acknowledges the importance and sensitivity of this issue for the community, and would seek a binding commitment from any new operator as part of a contract of sale to ensure the perpetual care, protection and management of existing interments and inurnments at Innes Gardens Memorial Park.

 

2. The potential for an increase in funeral costs (noting costs are determined by Funeral Directors not Council)

 

Response: Funeral costs are determined by Funeral Directors independent of the cost of burial and cremation services at Innes Gardens. A sale of Innes Gardens is considered likely to increase competition in the local market ensuring downward pressure is kept on prices.

 

As discussed below, Council has had to increase fees associated with burial and cremation services over the past 10 years to respond to changing market dynamics and operating costs.

 

3. Ensuring continued operation as a crematorium and lawn cemetery

 

Response: The land at Innes Gardens Memorial Park is zoned “SP2 Crematorium” under the Port Macquarie - Hastings Local Environmental Plan (LEP) 2011.  As such, the land can only be used for this purpose and any development that is “ordinarily incidental or ancillary to development for that purpose”.

 

In addition to this planning control, Council would seek a binding commitment from any new operator as part of a contract of sale 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.

 

4. Honouring of existing reservations and pre-paid burials

 

Response: Council would ensure that reservations (and pre-paid burials) are honoured by a new operator. This would be a condition of sale, should Council decide to proceed with a sale of the facility.

 

5. Potential for redevelopment of land for another purpose

 

Response: As with the response to point 3. above, the land at Innes Gardens Memorial Park is zoned “SP2 Crematorium” under the Port Macquarie - Hastings Local Environmental Plan (LEP) 2011 and as such can only be developed for that purpose.

 

6. Renewable tenure

 

Response: Changes to the Cemeteries and Crematoria Act 2013 introduced in 2013 allow for new interment rights to be granted either in perpetuity or as a renewable right (with an initial term of 99 years for cremated remains and 25 years for a lawn burial). It is important to note that a renewable right only applies in the case of a new interment and cannot be applied retrospectively to existing remains which will continue to be maintained in perpetuity.

 

While the Act reflected this new option in 2013, Council is not aware of any operator in NSW that has implemented the option of renewable interment rights to date.

 

7. Standard of maintenance provided to grounds and facilities

 

Response: Council is currently considering proposals from existing providers of funeral, cemetery, crematoria and related services. These organisations currently operate facilities similar to Innes Gardens Memorial Park, ensuring similar high standards of service and maintenance for the communities where they operate.

 

8. Protection of koala habitat on the site

 

Response: Should Council decide to proceed with a sale of the facility, further investigation will be undertaken and commitments sought from any new operator as part of a contract of sale to ensure the ongoing protection and retention of existing koala habitat on the site while also allowing for the future expansion of Innes Gardens Memorial Park to meet the needs of our growing community

 

General comments were also received regarding:

 

·    the view that it should be Council’s responsibility to continue to operate Innes Gardens Memorial Park as a community service whether the business remains profitable (self-funding) or not; and

 

·    concerns regarding the format of the community consultation process undertaken.

 

A further written submission received during the consultation period as summarised below also commented on the:

 

·    availability (or lack thereof) of commercial-in-confidence information to the community.

 

Submission

Issue

1.

Mr Ron Bray

 

The submission referred to a previous meeting between Mr Bray and Council’s Group Manager Commercial Business Units in March 2019, and a subsequent letter from Mr Bray to the General Manager in April 2019 in relation to this matter.

 

The submission expressed concerns regarding Council’s handling of this matter particularly in regard to the classification of reports and financial information as “commercial in confidence”.

 

The submission also contends that Innes Gardens Memorial Park was established as a service for the community, not to operate as a business, and as such should remain as a public asset.

 

 

Response/

Comment:

In accordance with the Local Government Act 1993, it is standard practice for Council to classify commercial information of a confidential nature as “commercial-in-confidence” and to deal with such matters at a Council meeting within the Confidential Committee of the Whole which is closed to the public.

 

Council has received and relied on independent legal advice in this regard, with the disclosure of the financial information requested likely to prejudice the commercial interests of Council, including in the context of the T-19-19 Request for Proposal process.

 

When Innes Gardens Memorial Park was established in 1984, it was the only crematorium in the region. There are now three private crematoria in the region (including Kempsey) providing services to our community and operating in direct competition with Innes Gardens Memorial Park.  It is prudent for Council to consider the ongoing viability of the facility given the changing market dynamics and services now provided by private operators.

 

 

Further to the feedback received that Innes Gardens Memorial Park should be retained and operated as a community service / public asset, it is noted that local government is not legally required to manage crematoria facilities.  The attached Annual Activity Report (2017-2018) produced by Cemeteries & Crematoria NSW identifies that there are very few Council operated crematoria in NSW with most facilities operated by private operators.

 

The report also indicates that the majority of cemeteries across NSW are operated by local government.  Irrespective of Council’s current consideration of the Innes Gardens Memorial Park facility, Council will still retain ongoing responsibility for the day-to-day and in perpetuity management of other cemeteries located across the local government area including:

·    open cemeteries at Wauchope, Laurieton, Comboyne, Kendall, Rollands Plains and Herons Creek; and

·    closed cemeteries at Port Macquarie General, Cross Roads, Ellenborough, Telegraph Point, Beechwood and monumental area at Herons Creek.

 

In acknowledging the comments above regarding the lack of information made available to date, the following information is presented, providing an overview of the operating and financial performance of Innes Gardens Memorial Park Crematorium and Lawn Cemetery over the past 10 years for community information purposes.

 

Operating Statistics

 

The graph below shows the number of burials conducted at Innes Gardens Memorial Park over the past 10 year.  While there is some variability in the number of burials each year, the declining trend is consistent with the trend seen across the funeral industry and the increasing preference for lower cost cremation services over traditional burials.

 

 

Operating statistics relating to the number of cremations conducted at Innes Gardens Memorial park over the past 10 years is shown in the graph below.  Despite the trend identified above and the increasing preference for lower cost cremation services over traditional burials, the graph below indicates a significant decline in the number of cremations being conducted at Innes Gardens Memorial Park (less than 50% of the 2009-10 level) and the impact of the introduction of private cremators and increased competition over this period.

 

 

Financial Performance

 

The impact of this decline in burials and more significantly cremation numbers on the financial performance of the Innes Gardens Memorial Park facility is shown in the graph below.

 

The graph shows “Operating Performance” excluding income associated with reservations.  Reservations are associated with the pre-purchase of a future burial or cremation (ash) interment right.

 

 

The graph also illustrates Council’s responses to the changing market dynamics over this period which have included increasing burial and cremation fees to address in part the continuing decline in operating performance (profitability).

 

While the facility remains profitable to date (recognising income associated with future reservations), the significant decline in operating performance over the past 10 years highlights the increasing financial risk and uncertainty associated with Council’s ongoing operation of Innes Gardens Memorial Park.

 

It is noted that Council’s ability to respond to this private competition is limited as funeral services typically have the first point of contact with clients / families and are therefore able to influence their choice with regard to burial, cremation and memorialisation services.  A private operator / funeral service would have a greater opportunity (than Council) to respond to this competition and improve operating and financial performance by being able to offer a full service to potential clients.

 

Innes Gardens Memorial Park has operated for many years as a self-funded business of Council, meaning that it has not needed funding from Council’s general fund and the rates paid by ratepayers. If the current trend in declining market share and profitability continues as forecast, Council will need to fund (subsidise) the services provided at Innes Gardens. This funding would come at the expense of other Council services and projects delivered to the community.

 

In summary, Council’s service review process and the data above highlights a number of emerging risks to Council in continuing to operate the Innes Gardens Memorial Park service, including:

 

·    Increasing competition from the private sector;

·    Declining market share and profitability;

·    Increasing financial risk associated with ongoing operations and the level of capital investment required; and

·    Improved levels of service able to be offered by the private sector.

 

It is in consideration of these risks that Council is considering the potential sale of the Innes Gardens Memorial Park Crematorium and Lawn Cemetery facility.

 

Service and Facility Improvements

 

Council’s current consideration is aimed at ensuring the best possible ongoing delivery of cremation, lawn cemetery and memorialisation services to the community. The current process will seek to identify if there are potential benefits able to be offered by other operators to improve the current level of service and expand the range of facilities and services available for the community.

 

The community consultation process undertaken also included feedback on the improvements in services and/or facilities that the community would like to see at Innes Gardens Memorial Park.  These included provision of:

 

·    a tearoom / wake centre / café for refreshments after services;

·    improvements to the existing Chapel, including air-conditioning, audio / visual equipment, and increased seating capacity;

·    an onsite florist;

·    other general building improvements;

·    improved car parking; and

·    improved boundary fencing.

 

Should Council decide to proceed with a sale of the facility, Council would seek to secure a commitment from any new operator as part of a contract of sale to capital improvement works to the facility to improve the delivery of crematorium, lawn cemetery and memorialisation services to the community.

 

Options

 

This report is provided for information.

 

Community Engagement & Internal Consultation

 

Details of the recent community consultation process undertaken (from 1 - 28 July) are outlined in the body of this report.

 

Internal consultation has been undertaken with:

 

·    Councillors via a Councillor Briefing on 31 July 2019;

·    General Manager;

·    Director Corporate Performance;

·    Group Manager Commercial Business Units;

·    Group Manager Economic Development and Communications; and

·    Group Manager Community Place.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Innes Gardens FAQ Fact Sheet

2View. Innes Gardens Have Your Say Summary

3View. Innes Gardens Have Your Say Survey

4View. Innes Gardens Have Your Say General Feedback

5View. CCNSW Annual Activity Report 2017-2018 

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.18

 

Subject:     Legal Fees

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 information in the Legal Fees report.

 

Executive Summary

 

At the July 2018 Ordinary Council meeting, Council resolved for a report to be provided to the September 2018 Ordinary Council meeting listing a breakdown of legal fees on a case by case basis for matters costing more than $10,000 in the 2017-2018 financial year.

 

As a result of the September 2018 Ordinary Council meeting, Council requested an updated report to be provided each quarter.

 

Attached is a confidential attachment that provides this information relating to a breakdown of legal fees on a case by case basis for matters costing more than $10,000 in the 2018-2019 financial year to date as at the end of June 2019.

 

Discussion

 

At the July 2018 Ordinary Council meeting, Council resolved:

 

09.07  Question from Previous Meeting - Enforcement of Unlawful Activity Policy

RESOLVED:  Turner/Intemann

That Council:

1.   Note the information contained within the Question from Previous Meeting – Enforcement of Unlawful Activity Policy report.

2.   Request the General Manager undertake a review of the Regulatory Enforcement Policy in relation to its adequacy for assessing the cost benefits of taking enforcement action, prior to such action taking place.

3.   Request the General Manager report back to a future meeting of Council as soon as practicable on the findings of the review referred to in 2) above.

4.   Request the General Manager provide a report to the September 2018 Council meeting listing a breakdown of legal fees on a case by case basis for matters costing more than $10,000 in the 2017-2018 financial year.

carried: 9/0

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

Against: Nil

A report was then provided to the September Ordinary Council meeting that relates to point 4 of the resolution above. As a result, at the September 2018 Ordinary Council meeting, Council resolved:

 

09.16  Legal Fees

Mayor Pinson declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 08:49pm.

The Mayor vacated the Chair and the Deputy Mayor assumed the Chair.

RESOLUTION: Alley/Turner

That Council:

1.   Note the information in the Legal Fees report.

2.   Request the General Manager to provide an updated report quarterly to Council.

carried: 7/0

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

Against: Nil

 

Attached is a confidential attachment that provides the information that relates to point 4 of the resolution above. This includes a breakdown of legal fees on a case by case basis for matters costing more than $10,000 in the 2018-2019 financial year to date as at the end of June 2019.

 

The attachment titled "Legal matters >$10,000 2018-19 Financial Year" is confidential as it contains information that relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993 - Section 10A(2)(d)(i)).

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Internal Consultation

·    General Manager;

·    Director Corporate Performance.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Confidential - Legal matters >$10,000 2018-19 Financial Year (Confidential)

 


AGENDA                                                                                Ordinary Council

21/08/2019

 

 

Item:          10.19

 

Subject:     Glasshouse Biannual Report and Update on Strategic Plan Recommendations

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council note the information provided in the Glasshouse Biannual Report and Update on Strategic Plan Recommendations report.

 

Executive Summary

 

This report provides details of the Glasshouse finances for the 2018-19 financial year (i.e. as at 30 June 2019), including the updated status of Glasshouse loan balances.

 

The Report also provides an update on progress achieved against the Recommendations identified in the Glasshouse Strategic Plan 2014 – 2017 (noting that the Strategic Plan is currently being reviewed and updated in conjunction with the Cultural Steering Group and in consideration of Council’s adopted Cultural Plan 2018 – 2021).

 

Discussion

 

Background

 

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

 

09.14 REVIEW OF SELECT COUNCIL COMMITTEES

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

RESOLVED: Turner/Cusato

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

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

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

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

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

b) Australia Day Sub-committee.

c) Port Macquarie-Hastings Youth Advisory Committee.

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

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

CARRIED: 7/2

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

AGAINST: Griffiths and Hawkins

 

Accordingly, this report provides details of the Glasshouse finances for the 2018-19 financial year as at 30 June 2019, including the updated status of Glasshouse loan balances, and provides an update on progress achieved against the Recommendations identified in the Glasshouse Strategic Plan 2014 - 2017.

 

Glasshouse Finances

 

This report and the attached Financial Statement present the financial performance of the Glasshouse Venue for the fourth quarter of the 2018-19 financial year (1 April 2019 to 30 June 2019) and the overall 2018-19 financial year (1 July 2018 to 30 June 2019), and is indicative of an end of year result.  End of year journals relating to Council overhead distributions are yet to occur.  For the purposes of this report, the annual budgeted figure for Council overheads has been used.

 

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

 

The operating deficit for the 2018-19 financial year (before interest and depreciation) is a deficit/shortfall of $2,153,101 against a budget of $2,097,430, hence tracking $55,671 (or 2.6%) over budget. Actual results for the same period in the prior year (1 July 2017 to 30 June 2018) was an operating deficit/shortfall of $2,182,611. Hence the Glasshouse operating position has improved by $29,510 during the 2018-19 period.

 

To provide some historical context on the result of the implementation of the Glasshouse Strategic Plan, the deficit/shortfall for the Glasshouse for the 2011-12 year was $3,020,491.

 

It should be noted that being a venue, income patterns can be subject to market forces, availability (and timing) of product in the market-place and seasonality.  Operating income is up 13% on 2017-18 with significant increases in commercial venue hire and performing arts show income.

 

Operating costs are up 5% on the 2017-18 financial year.

 

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

 

Glasshouse Operating Deficit by Activity - to 30 June 2019:

 

 

Management

Back of House

Front of House

Community

Commercial

Cultural

Total

Operating Income

0

0

0

3,396

1,671,754

469,037

2,144,187

Operating Expenditure (Before Council Overheads)

204,148

1,063,408

572,026

60,193

1,020,221

910,683

3,830,681

Council Overheads

107,320

37,329

79,323

23,330

55,993

163,312

466,607

Net Operating Surplus (Deficit)

(311,468)

(1,100,737)

(651,350)

(80,127)

595,540

(604,959)

(2,153,101)

 

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

 

Glasshouse Operating Deficit by Activity (after internal adjustments) - to 30 June 2019:

 

 

Management

Back of House

Front of House

Community

Commercial

Cultural

Total

Net Operating Deficit (from the above table)

(311,468)

(1,100,737)