Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 16 October 2019

location:

 

Laurieton School of Arts Hall

Corner Bold and Laurie Streets

Laurieton

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 16 October 2019

 

Items of Business

 

Item       Subject                                                                                                      Page

 

 

01           Welcome to Country.......................................................................................... 1

02           Local Government Prayer.................................................................................. 1

03           Apologies.......................................................................................................... 1

04           Confirmation of Minutes..................................................................................... 1

05           Disclosures of Interest..................................................................................... 33

06           Mayoral Minute

07           Confidential Correspondence to Ordinary Council Meeting................................. 37

08           Public Forum - Matters Not On The Agenda...................................................... 38

09           Public Forum - Matters On The Agenda............................................................ 39

10           Leadership and Governance.......................................................................... 40

10.01..... Status of Reports From Council Resolutions........................................ 41

10.02..... Resignation of Councillor Mike Cusato................................................ 47

10.03..... Mid North Coast Joint Organisation Update......................................... 50

10.04..... Notice of Motion - Funding for the Environmental Impact Statement for the Beach to Beach Shared Pathway...................................................................... 55

10.05..... Mayoral Discretionary Fund Allocations - 5 September to 2 October 2019 56

10.06..... Request for Leave of Absence - Councillor Alley.................................. 58

10.07..... Disclosures Register - Annual Returns 2018-2019............................... 60

10.08..... Borrowing for Projects........................................................................ 62

10.09..... Local Government Act Amendments - Prescribed Tendering Threshold 73

10.10..... Monthly Budget Review - September 2019.......................................... 77

10.11..... Investments - September 2019........................................................... 82

11           Your Community Life..................................................................................... 86

11.01..... Response to Lake Cathie Community Concerns.................................. 87

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

11.03..... Bonny Hills Community Plan.............................................................. 96

11.04..... Recreation Action Plan 2017-2025 Update........................................ 105

12           Your Business and Industry........................................................................ 113

12.01..... Adequacy of Existing Risk Management Controls Associated with Paragliding Activities  ....................................................................................................... 114

13           Your Natural and Built Environment............................................................ 117

13.01..... Notice of Motion - Sustainability Initiatives and Programs................... 118

13.02..... Question With Notice - Dunbogan Bridge rehabilitation - Update......... 119

13.03..... Question With Notice - Dunbogan Flood Access Upgrade and Beach to Beach Pathway....................................................................................................... 120

13.04..... Unsealed Roads Maintenance Practices - Investigation Update.......... 121

13.05..... Parking Strategy Review.................................................................. 126

13.06..... Draft Planning Proposal Policy ......................................................... 129

13.07..... DA2018 - 507.1 3 Lot Subdivision including Clause 4.6 Variation to Clause 4.1 (Minimum Lot Size) of Port Macquarie Hastings Local Environmental Plan 2011 - Lot 41 and Lot 42 DP 75403 and Lot 8 DP 114360, No. 434 and 440 Herons Creek Road, Herons Creek.................................................................................. 134

13.08..... Classification of Land Containing Sewer Infrastructure....................... 146

13.09..... Lake Innes/Lake Cathie Estuary System Update Report..................... 148

13.10..... Update on Public Tree Management in Urban Areas.......................... 156

13.11..... Koala Recovery Strategy Annual Update Report ............................... 159  

14           Items To Be Dealt With By Exception

15           Confidential Matters

Motion to move into Confidential Committee of the Whole................................ 164

15.01..... T-19-38 Supply and Delivery of Electrical Goods

15.02..... T-19-40 Provision of Building Maintenance Services

15.03..... T-19-41 Provision of Plumbing Services

15.04..... Design of Rainbow Beach Sporting Fields & Construction of School to School Shared Pathway  

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      16/10/2019

Item:          01

Subject:     WELCOME TO COUNTRY

 

A representative from the Bunyah Local Aboriginal Land Council will be invited to deliver the Welcome to Country.

 

 

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 18 September 2019 be confirmed.

 


MINUTES

Ordinary Council Meeting

                                                                                                                        18/09/2019

 

 

 

 

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 Lee Dixon

 

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Director Corporate Performance (Rebecca Olsen)

Director Development and Environment (Melissa Watkins)

Director Infrastructure (Dan Bylsma)

Director Strategy and Growth (Jeffery Sharp)

Governance Officer (Kirsty Callander)(part of meeting)

Governance Support Officer (Bronwyn Lyon)

Executive Assistant 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

Pastor Jeff Atherton from the People Builders Church delivered the Local Government Prayer.

 

03       APOLOGIES

RESOLVED:  Dixon/Turner

That the apology received from Councillor Hawkins’ owing to approved leave be accepted.

 

04       CONFIRMATION OF MINUTES

RESOLVED:  Alley/Dixon

That the Minutes of the Ordinary Council Meeting held on 21 August 2019 be confirmed.

carried:      8/0

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

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Alley declared a Pecuniary Interest in Item 11.11 - 2019-2020 Round 1 Community Grant Program for Endorsement, the reason being that Councillor Alley’s wife is a member of one of the community organisations that has applied for the grants that are the subject of this report and it was my wife that prepared the grant application on behalf of that organisation.

 

Councillor Alley declared a Non-Pecuniary, Less Than Significant Interest in Item 13.10 - 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 operates in this area that may be serviced by any of the proposed crossing locations.

 

Mayor Pinson declared a Pecuniary Interest in Item 15.02 - T-19-29 Dunbogan Flood Access Road - Stage 1A, the reason being that Mayor Pinson owns a company, Stabilcorp, which contracts from time to time with one of the tenderers.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 15.02 - T-19-29 Dunbogan Flood Access Road - Stage 1A, the reason being that Councillor Levido is the principle of Levido Law and Property.  The Firm acts for a principal of one of the tenderers, the subject of the report.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 13.15 - Planning Proposal: 2019 Administrative Review of Port Macquarie - Hastings LEP 2011 (Amendment No 55) - Consideration of Submissions, the reason being that Councillor Levido is the principle of Levido Law and Property.  The Firm acts for the owner of one of the properties the subject of the report.

 

 

06       MAYORAL MINUTES

 

Nil.

 

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

RESOLVED:  Griffiths/Cusato

That Council determine that the attachments to Item Numbers 11.11 and 12.02 be considered as confidential, in accordance with section 11(3) of the Local Government Act.

carried:      8/0

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

Against:       Nil

 

 

08       PUBLIC FORUM – MATTERS NOT ON THE AGENDA

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

 

1.    Mr Peter Matthison, Midcoast Honey, regarding climate science presentation invitation.

2.    Dr Sarah Mollard regarding health impacts of climate crisis on our community.

3.    Ms Rachel Sheppard regarding climate change solutions for the Hastings.

4.    Ms Susan East regarding reticulated water for Lake Cathie / Bonny Hills.

 

RESOLVED:  Dixon/Griffiths

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

carried:      8/0

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

Against:       Nil

 

 

08.01     Climate Science Presentation Invitation

Mr Peter Matthison, Midcoast Honey, addressed Council regarding climate science presentation invitation and answered questions from Councillors.

 

 

08.02     Health Impacts of Climate Crisis on Our Community

Dr Sarah Mollard addressed Council regarding health impacts of climate crisis on our community and answered questions from Councillors.

 

 

08.03     Climate Change Solutions for the Hastings

Ms Rachel Sheppard addressed Council regarding climate change solutions for the Hastings.

 

 

08.04     Reticulated Water for Lake Cathie / Bonny Hills

Ms Susan East addressed Council regarding reticulated water for Lake Cathie / Bonny Hills.

 

 

09       PUBLIC FORUM – MATTERS ON THE AGENDA

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

Item 11.02 - Mr Roderick Mallinson in support of the recommendation.

Item 12.01 - Ms Susan Proust, Hastings Birdwatchers, in opposition of the recommendation.

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

Item 13.02 - Ms June Le Pla, FAWNA (NSW) Inc., in opposition of the recommendation.

Item 13.03 - Mr Ken Monson, Hastings Birdwatchers, in opposition of the recommendation.

Item 13.04 - Mr Philip Lloyd in support of the recommendation.

Item 13.04 - Mr Tony Thorne, King and Campbell Pty Ltd, in support of the recommendation.

Item 13.10 - Mr John Saunders, Camden Haven Chamber of Commerce, in opposition of the recommendation.

 

RESOLVED:  Alley/Dixon

That the above requests to speak in the Public Forum - Matters On The Agenda be acceded to.

carried:      8/0

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

Against:       Nil

 

 

Suspension of Standing Orders

 resolved:  Intemann/Griffiths

That Standing Orders be suspended to allow Items 11.02, 12.01, 13.01, 13.02, 13.03, 13.04 and 13.10 to be brought forward and considered next.

carried:      8/0

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

Against:       Nil

 

 

11.02  Port Macquarie Aquatic Facility - Site Selection

Mr Roderick Mallinson addressed Council in support of the recommendation.

 

RESOLVED:  Turner/Alley

 

That Council:

1.       Note the information contained in the Port Macquarie Aquatic Facility- Site Selection Report.

2.       Acknowledge the community engagement that has been undertaken regarding a new Aquatic Facility in Port Macquarie and thank the community for their feedback on their preferred site.

3.       Reconfirm Macquarie Park as the preferred site for a new Aquatic Facility in Port Macquarie.

4.       Request the General Manager to proceed with the next stage of the project being detailed design and approvals; including development of a Strategic Concept Design.

5.       Request the General Manager provide a future report to Council on the progress of detailed design and the Strategic Concept Plan in June 2020.

6.       Request the General Manager provide a future report to Council on the outcome of discussions with the displaced user groups of Macquarie Park, being Port Macquarie Football Club & Port Macquarie Army Cadets to identify suitable alternative facilities in June 2020.

carried:      8/0

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

Against:       Nil

 

12.01  Health and Education Precinct Master Plan

Councillor Cusato left the meeting, the time being 6:22pm.

Councillor Cusato returned to the meeting, the time being 6:23pm.

Ms Susan Proust, Hastings Birdwatchers, addressed Council in opposition of the recommendation.

 

RESOLVED:  Turner/Griffiths

 

That Council

1.       Note the community engagement process and submissions received during the public exhibition period and subsequent workshops.

2.       Adopt the Health and Education Precinct Master Plan.

3.       Note the plans of stakeholders to establish a Consortium to assist in driving the development and implementation of a Health and Education Precinct.

carried:      8/0

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

Against:       Nil

 

 

 

13.01  Transport Network Improvements (Including the Proposed Orbital Road Project) - 19 June 2019 Council Resolution Update Report

Mr Tony Thorne, King and Campbell Pty Ltd, representing J Newton Construction and St Agnes Care & Lifestyle, addressed Council in opposition of the recommendation and answered questions from Councillors.

 

RESOLVED:  Intemann/Turner

That Council note the information included in the Transport Network Improvements (including the proposed Orbital Road Project) - 19 June 2019 Council Resolution Update Report, and confirm that:

1.         The Transport Network Improvements - Strategic Business Case Scope of Works will consider all options put forward by the community.

2.         Council staff will consider minimising impacts of the various options, for example by considering a two lane option where appropriate.

3.         Public transport will be considered as part of the network modelling and initial transport planning.

carried:      7/1

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

Against:       Griffiths

 

 

13.02  Notice of Motion - Revocation of Part of the Lake Innes Nature Reserve

Ms June Le Pla, FAWNA (NSW) Inc., addressed Council in opposition of the recommendation and answered questions from Councillors.

 

MOTION

MOVED:  Pinson/Griffiths

 

That Council:

1.       Note the correspondence from the NSW Minister for Energy & Environment, The Hon. Matt Kean MP.

2.       Request the General Manager write to the NSW Minister for Energy & Environment, The Hon. Matt Kean MP, to seek clarification on whether Ministerial approval is likely to be granted for revocation of part of the Lake Innes Nature Reserve for the purpose of any future proposed Orbital Road link through the Nature Reserve.

 

AMENDMENT

 

MOVED:  Turner/Alley

 

That Council:

1.         Note correspondence from Council to Minister for the Environment, Local Government and Heritage, the Hon Gabrielle Upton, dated 23 July 2018, with regard to Road Corridor Interfaces with National Parks Land.

2.         Note the response from Scot McDonald MLC on behalf of the Hon Gabrielle Upton, dated 10 September 2018.

3.         Note correspondence received by the Member for Port Macquarie from the NSW Minister for Energy and Environment, the Hon Matt Kean MP, dated 8 August 2019, which was forwarded to Council on 22 August 2019.

4.         Request the General Manager write to the NSW Minister for Energy and Environment, the Hon Matt Kean MP:

a)         To clarify whether there is any update to the policy for revocation, recategorization and road adjustment in National Parks and Nature Reserves since the Department’s correspondence to Council dated 10 September 2018.

b)         Attach copies of the letter from Council, dated 23 July 2018; and the response received by Council, dated 10 September 2018, for the Minister’s reference.

 

THE AMENDMENT WAS PUT AND CARRIED

 

MOVED:  Turner/Alley

 

That Council:

1.         Note correspondence from Council to Minister for the Environment, Local Government and Heritage, the Hon Gabrielle Upton, dated 23 July 2018, with regard to Road Corridor Interfaces with National Parks Land.

2.         Note the response from Scot McDonald MLC on behalf of the Hon Gabrielle Upton, dated 10 September 2018.

3.         Note correspondence received by the Member for Port Macquarie from the NSW Minister for Energy and Environment, the Hon Matt Kean MP, dated 8 August 2019, which was forwarded to Council on 22 August 2019.

4.         Request the General Manager write to the NSW Minister for Energy and Environment, the Hon Matt Kean MP:

a)         To clarify whether there is any update to the policy for revocation, recategorization and road adjustment in National Parks and Nature Reserves since the Department’s correspondence to Council dated 10 September 2018.

b)         Attach copies of the letter from Council, dated 23 July 2018; and the response received by Council, dated 10 September 2018, for the Minister’s reference.

carried:      5/3

For:   Alley, Cusato, Intemann, Levido and Turner

Against:       Dixon, Griffiths and Pinson

 

THE AMENDMENT BECOMES THE MOTION AND WAS PUT

 

MOVED:  Turner/Alley

 

That Council:

1.         Note correspondence from Council to Minister for the Environment, Local Government and Heritage, the Hon Gabrielle Upton, dated 23 July 2018, with regard to Road Corridor Interfaces with National Parks Land.

2.         Note the response from Scot McDonald MLC on behalf of the Hon Gabrielle Upton, dated 10 September 2018.

3.         Note correspondence received by the Member for Port Macquarie from the NSW Minister for Energy and Environment, the Hon Matt Kean MP, dated 8 August 2019, which was forwarded to Council on 22 August 2019.

4.         Request the General Manager write to the NSW Minister for Energy and Environment, the Hon Matt Kean MP:

a)         To clarify whether there is any update to the policy for revocation, recategorization and road adjustment in National Parks and Nature Reserves since the Department’s correspondence to Council dated 10 September 2018.

b)         Attach copies of the letter from Council, dated 23 July 2018; and the response received by Council, dated 10 September 2018, for the Minister’s reference.

equal:  4/4

For:   Cusato, Intemann, Levido and Turner

Against:  Alley, Dixon, Griffiths and Pinson

CASTING VOTE:  AGAINST

MOTION LOST

 

 

13.03  Notice of Motion - Seeking Clarification on Lake Innes Nature Reserve from Member for Port Macquarie

Mr Ken Monson, Hastings Birdwatchers, addressed Council in opposition of the recommendation and answered questions from Councillors.

 

MOVED:  Alley/Turner

That Council:

1.       Note the content quoted below from the Port Macquarie News website dated 19 March 2019 that the Member for Port Macquarie “supports Port Macquarie-Hastings Council’s vision for an orbital road”.

2.       Note the content quoted below from the Port Macquarie News website dated 4 September 2019 that the Member for Port Macquarie does not support a change in an act of parliament to dissect the Lake Innes Nature Reserve.

3.       Note that the Lake Innes Nature Reserve is continuous from Lake Road in Port Macquarie to Lake Cathie, therefore a new east-west road located anywhere between and including Lake Road and Lake Cathie will necessarily involve crossing Lake Innes Nature Reserve.

4.       Note that Lake Innes Nature Reserve sits on low lying land and that any traverse of the Reserve will likely be on an elevated roadway, thereby reducing environmental impacts.

5.       Note that Council has made no decision on any new road and, in accordance with the procedure for new infrastructure as set out by the NSW government, is presently conducting a Strategic Business Case that will consider all options and potential impacts, including on residents, businesses and the environment.

6.       Request the General Manager write to the Member for Port Macquarie seeking clarification on her apparent support for an orbital road in principal but opposed to any crossing of the Lake Innes Nature Reserve.

7.       Request the General Manager to table any correspondence received from the Member for Port Macquarie to a future Council Meeting.

equal:          4/4

For:   Alley, Intemann, Levido and Turner

Against:       Cusato, Dixon, Griffiths and Pinson

CASTING VOTE:  AGAINST

MOTION LOST

 

 

13.04  Notice of Motion - Proposed Orbital Road Investigation Area

Mr Philip Lloyd, representing the Alliance and Action Groups, addressed Council in support of the recommendation.

Councillor Dixon left the meeting, the time being 7:40pm.

Councillor Dixon returned to the meeting, the time being 7:43pm.

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

 

RESOLVED:  Cusato/Pinson

 

That Council:

1.       Request the General Manager investigate the impact on the development of the upcoming Strategic Business Case (and possible future solutions for broader transport network improvements), of removing the current investigation area (with impact on residents, a school and retirement village etc) for the east-west Orbital Road from Ocean Drive to Oxley Highway that was the subject of detailed community engagement from November 2018 to April 2019.

2.       Request the General Manager table a report to the November 2019 Council Meeting on the impact of removing this investigation area with the intention for Council to investigate alternative routes for the proposed orbital road project. Within this report also include any impacts on applications for funding and impacts on procedures to cross or encroach any nature reserves eg. revocation of such reserves.

carried:      8/0

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

Against:       Nil

 

 

13.10  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 John Saunders, Camden Haven Chamber of Commerce, representing the Community in the Future and the Camden Haven Chamber of Commerce, addressed Council in opposition of the recommendation and answered questions from Councillors.

 

 

 

RESOLVED:  Pinson/Dixon

 

That Council:

1.         Note the outcomes of the community engagement undertaken in response to the Council resolution from the Ordinary Council meeting of 17 July 2019.

2.         Note the community engagement identified as Option 3 as the preferred location by the majority.

3.         Note the earlier petition of over 600 signatures as tabled at 15 May 2019 Ordinary Council meeting.

4.         Endorse the Bold Street Laurieton pedestrian crossing to be located at Option 3.

5.         Request the General Manager write to the Local Member for Port Macquarie, Leslie Williams MP, providing a status update on the project and the proposed timeframe for delivery.

carried:      8/0

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

Against:       Nil

 

 

10.01  Mayoral Discretionary Fund Allocations - 8 August to 4 September 2019

RESOLVED:  Pinson/Dixon

 

That Council note the allocations from the Mayoral Discretionary Fund for the period 8 August to 4 September 2019 inclusive.

carried:      8/0

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

Against:       Nil

 

 

10.02  Creation of Office of Deputy Mayor

RESOLVED:  Cusato/Alley

 

That Council:

1.       Create the Office of Deputy Mayor.

2.       Set the term of the Office of Deputy Mayor to be 18 September 2019 up until the 2020 Local Government Ordinary Election.

3.       Elect the Deputy Mayor by way of open voting, if more than one nomination for Deputy Mayor is received.

carried:      8/0

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

Against:       Nil

 

The General Manager, acting as Returning Officer, called for nominations for the Office of Deputy Mayor.

The Returning Officer, advised that a nomination for the Office of Deputy Mayor had been received for Councillor Lisa Intemann, nominated by two Councillors and accepted by Councillor Lisa Intemann.

The Returning Officer then called for a show of hands in favour of Councillor Intemann for Deputy Mayor.

 

carried:      7/1

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

Against:       Pinson

 

 

The Returning Officer declared Councillor Intemann elected to the Office of Deputy Mayor for the ensuing period as resolved by Council.

 

The General Manager congratulated Councillor Intemann on her election to the Office of Deputy Mayor.

 

The Deputy Mayor thanked Councillors for their support.

 

 

10.03  Determination of Councillor Numbers

RESOLVED:  Griffiths/Cusato

 

That Council, in accordance with Section 224 of the Local Government Act 1993, resolve that it will comprise of nine councillors, including the Mayor, following the next ordinary Local Government election.

carried:      8/0

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

Against:       Nil

 

 

10.04  Status of Reports From Council Resolutions

RESOLVED:  Griffiths/Alley

 

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

carried:      8/0

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

Against:       Nil

 

 

10.05  Council Meetings Dates for 2020

RESOLVED:  Intemann/Griffiths

 

That Council set the Ordinary Council Meeting dates for 2020 as the third Wednesday of each month (with the exception being no meeting scheduled in January, alternative dates for August and September due to the September Council election,  and an earlier meeting in December due to the proximity of Christmas) being:

·         19 February

·         18 March (Taking the Council to the Community - Wauchope)

·         15 April

·         20 May

·         17 June

·         15 July

·         12 August

·         23 September

·         21 October (Taking the Council to the Community - Laurieton)

·         18 November

·         9 December

carried:      8/0

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

Against:       Nil

 

 

10.06  Notice of Motion - Professional Development Undertaken by the Mayor

Councillor Cusato left the meeting, the time being 8:35pm.

 

RESOLVED:  Pinson/Griffiths

 

That Council note the professional development undertaken by Mayor Pinson since her election to Council in 2017.

carried:      4/3

For:   Alley, Dixon, Griffiths and Pinson

Against:       Intemann, Levido and Turner

 

 

10.07  Recommended Item from Audit, Risk & Improvement Committee - Legislative Compliance 2018-2019

RESOLVED:  Intemann/Alley

 

The Council note the information contained in the Recommended Item from Audit, Risk & Improvement Committee - Legislative Compliance 2018-2019 report.

carried:      7/0

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

Against:       Nil

 

 

10.08  Recommended Item from Audit, Risk & Improvement Committee - Audit, Risk & Improvement Committee Annual Report 2018-2019

Councillor Cusato returned to the meeting, the time being 8:37pm.

 

RESOLVED:  Intemann/Griffiths

 

That Council adopt the Audit, Risk & Improvement Committee Annual Report 2018-2019.

carried:      8/0

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

Against:       Nil

 

 

10.09  Financial Assistance Grants

RESOLVED:  Griffiths/Alley

 

That Council note the 2019/20 Grant calculations provided by the NSW Local Government Grants Commission for Port Macquarie-Hastings Council in relation to the Financial Assistance Grant calculations.

carried:      8/0

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

Against:       Nil

 

 

10.10  Monthly Budget Review - August 2019

RESOLVED:  Alley/Griffiths

 

That Council:

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

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

carried:      8/0

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

Against:       Nil

 

 

10.11  Investments - August 2019

RESOLVED:  Griffiths/Alley

 

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

carried:      7/1

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

Against:       Griffiths

 

 

10.12  Delivery Program (2017-2021) Six Monthly Progress Report (January to June 2019)

RESOLVED:  Turner/Dixon

 

That the information in the Delivery Program (2017-2021) six monthly progress report (January to June 2019) be noted.

carried:      8/0

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

Against:       Nil

 

 

10.13  Annual Report of the Activities for the Mayor's Sporting Fund 2018/2019

RESOLVED:  Pinson/Alley

 

That Council note the information outlined in the Annual Report of the Activities for the Mayor’s Sporting Fund 2018/2019.

carried:      8/0

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

Against:       Nil

 

 

10.14  Draft Community Participation Plan 2019

RESOLVED:  Cusato/Griffiths

 

That Council:

1.       Endorse the Draft Community Participation Plan 2019.

2.       Place the Draft Community Participation Plan on public exhibition for 28 days from 23 September to 20 October 2019.

3.       Request the General Manager provide a report to the November 2019 Ordinary Council Meeting outlining community feedback provided during the public exhibition period.

carried:      8/0

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

Against:       Nil

 

 

11.01  Flynns Beach Master Plan Community Engagement Feedback Report

RESOLVED:  Intemann/Dixon

 

That Council:

1.       Note the information contained within the Flynns Beach Master Plan Community Engagement Feedback Report.

2.       Recognise the community engagement that has been undertaken regarding Flynns Beach Master Plan and thank the community for their feedback.

3.       Adopt the Flynns Beach Master Plan (Attachment 1), which includes minor amendments as outlined in this report.

4.       Request the General Manager consider funding opportunities for implementation of Flynns Beach Master Plan through development of future Operational Plans and relevant State and Federal government grant programs.

carried:      8/0

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

Against:       Nil

 

 

Item - 11.02 Port Macquarie Aquatic Facility - Site Selection - has been moved to another part of the document.

 

 

11.03  Recommended Items from the Mayor's Sporting Fund Sub-Committee - August 2019

RESOLVED:  Pinson/Dixon

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 Wauchope High School Girls Rugby Team receive $350.00 to assist with the expenses incurred travelling to and competing at the NSWCHS Under 18’s State Rugby Championships held in Sydney on 31st July 2019.

2.       That Bradley Whitton receive $350.00 to assist with the expenses incurred travelling to, and competing at the All Schools Australian Swimming Championships held in Melbourne from 27 July to 31 July 2019 inclusive.

3.       That Morgan Jean receive $350.00 to assist with the expenses incurred travelling to and competing at the All Schools Australian Swimming Championships held in Melbourne from 27 July to 31 July 2019 inclusive.

4.       That Maddison Drewitt receive $350.00 to assist with the expenses incurred traveling to and competing as a member of the Under 16’s NSW Girls Hockey Team at the All Schools National Hockey Championships held in Newcastle from 1st August to 8th August 2019 inclusive.

carried:      8/0

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

Against:       Nil

 

 

11.04  Cultural Plan - Progress Report

RESOLVED:  Turner/Griffiths

 

That Council note the progress made on the 2018-2021 Cultural Plan actions.

carried:      8/0

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

Against:       Nil

 

 

11.05  ArtWalk 2019 - Post Event

RESOLVED:  Dixon/Turner

 

That Council:

1.       Note the success of the ArtWalk 2019 event.

2.       Support the growth of Artwalk to become one of Council’s signature events in 2020 and beyond.

carried:      8/0

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

Against:       Nil

 

 

11.06  Bicentenary Priorities, Artwalk Resourcing and Tastings on Hastings

RESOLVED:  Turner/Dixon

That Council:

  1. Endorse the two-year temporary appointment of a Cultural Event Coordinator, to support the 2021 Bicentenary projects and the 2020 and 2021 Artwalk events.
  2. Discontinue to run Tastings on Hastings as a Council event, but consider providing future support to an externally-run Tastings on Hastings event.
  3. Recognise that Slice of Haven is likely to be the premier food and wine event in the Greater Port Macquarie area in 2020, and increase the budget for support of this event from $5,000 to $10,000 for 2020.
  4. Continue to support events and activities that showcase local producers and produce, as guided by the 2019-2024 Port Macquarie-Hastings Events Plan.
  5. Request the General Manager develop the 2021 Bicentenary event and 2020 and 2021 Artwalk events, to be signature Council-run events in line with the 2019-2024 Port Macquarie-Hastings Events Plan.
  6. Endorse the reallocation of the existing 2019/20 Tastings on Hastings net budget $36,200 to support the delivery of the Bicentenary and Artwalk events.

carried:      8/0

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

Against:       Nil

 

 

11.07  Disability Inclusion Action Plan Annual Progress Report

RESOLVED:  Alley/Turner

 

That Council:

1.       Note the information in the 2nd Year PMHC Annual Disability Inclusion Action Plan Report Card (Easy English).

2.       Note the Disability Inclusion Action Plan 2018-2019 Annual Progress report.

carried:      8/0

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

Against:       Nil

 

 

11.08  Service Level Agreement with NSW Justice - Community Corrections

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Note the success of the trial with the NSW Justice  - Community Corrections Partnership.

2.       Endorse the Service Level Agreement for the formalisation of the NSW Justice  - Community Corrections Partnership for a period of 3 years.

carried:      8/0

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

Against:       Nil

 

 

11.09  Re-Establishment of Alcohol Free Zone - Port Macquarie CBD

RESOLVED:  Cusato/Intemann

 

That Council:

1.         Re-establish Alcohol Free Zones in the Port Macquarie CBD for a further four years from October 2019 to October 2023.

2.         Request the General Manager write to Mid North Coast Local Area Commander, Superintendent Paul Fehon, to inform him of the public consumption of alcohol and antisocial behaviour at the Council managed Kooloonbung Creek Nature Park on Gordon Street, Port Macquarie.  Also advising that this is discouraging local residents and families from entering this public space and Port Macquarie-Hastings Council requests that local Police act on this problem.

carried:      8/0

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

Against:       Nil

 

 

11.10  Library Strategic Plan

RESOLVED:  Alley/Dixon

 

That Council endorse the Port Macquarie-Hastings Library Strategic Plan 2019 - 2021, to help drive the library services.

carried:      8/0

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

Against:       Nil

 

 

11.11  2019-2020 Round 1 Community Grant Program for Endorsement

Councillor Alley declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 9:07pm.

 

RESOLVED:  Griffiths/Dixon

That Council pursuant to Section 356 of the Local Government Act 1993, grant financial assistance from the Community Grants 2019-2020 Round 1 for the total amount of $119,748 according to the following:

Organisation Name                              Project                                              Funding

 

General Community Grants:

Community Hair Project                        Youth Week Activities                         $1150

Wauchope Show Society                      Refurbished Floor                             $10000

International Women’s Group               International Women’s Group             $2717

Rocking with Dave and Friends            Music Workshops                               $4300

St. Thomas’s Soup Kitchen                  Kitchen Upgrade                                 $9378

Wauchope Chamber of Commerce     Community First Aid                           $4100

Wauchope Little Athletics Centre         Timing System                                    $3000

Port Macquarie Astronomical Society  Telescope Mount                             $10,000

Kendall Men’s Shed                              Wood Sanders                                    $3759

                                                               Sub-total                                           $48,404

 

Place Making Grants:

Pappinbarra Progress Association        Photographic Exhibition                      $3516

Kendall Community Global Food

Garden                                                  Community Garden Expansion           $2865

Liberty Domestic and Family Violence

Specialist Service                                 Domestic Violence Walk                     $2500

                                                               Sub-total                                             $8,881

 

Non-Council Owned Hall Grants:

Byabarra Hall and Recreational

Reserve Trust                                                 Pier Replacement                   $10,000

                                                                        Sub-total                                  $10,000

 

Band Grants:

Port Macquarie Hastings

Municipal Band                                       Community Performances             $10,000

Camden Haven Community

Band                                                       Community Performances                $7100

Hastings Koalas Orchestra                    Community Performances                $5676

Hastings District Highland

Pipe Band                                               Community Performances                $7224

                                                                Sub-total                                         $30,000

 

 

Christmas and New Year’s Eve Events:

Telegraph Point Community Assoc.      Christmas Celebration                      $1500

Camden Haven Chamber of

Commerce                                             Christmas Celebration                      $5000

Beechwood Public School P&C             Christmas Celebration                      $3045

Wauchope Chamber of Commerce       Christmas Celebration                      $5000

Lake Cathie-Bonny Hills Lions Club       Christmas Celebration                      $2653

Long Flat Public School P&C                 Christmas Celebration                        $450

Big Red Bus                                            Christmas Celebration                      $4815

                                                                Sub-total                                         $22,463

 

A further distribution of $16,891 is recommended for Environmental grants as follows:

 

Environmental Grants:

Port Macquarie Landcare Group              Environmental Activities              $10,000

Friends of Kooloonbung Creek                 Environmental Activities                $5,000

Hastings Landcare                                    Environmental Activities                $1,891

                                                                  Sub-total                                     $16,891

 

carried:      7/0

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

Against:       Nil

 

Item - 12.01 Health and Education Precinct Master Plan - has been moved to another part of the document.

 

Councillor Alley returned to the meeting, the time being 9:09pm.

 

12.02  Event Sponsorship Program Round 1, 2020

RESOLVED:  Griffiths/Intemann

 

That Council pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Event Sponsorship Program Round 1, 2020 in the total amount of $20,000 to:

 

Event Name & Ranking

Sponsorship $ Recommended

1.   Howling Moon Blues Festival

$5,000

2.   Fox Superflow MTB Event

$5,000

3.   Twilight Tastings Wauchope

$2,500

4.   Port Macquarie Bodyboarding Association Bodyboard Teams Event

$2,500

5.   Cycling NSW Junior Tour

$2,500

6.   Laurieton Multisport Challenge

$2,500

Total allocated this round

$20,000

 

carried:      8/0

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

Against:       Nil

 

Item - 13.01 Transport Network Improvements (Including the Proposed Orbital Road Project) - 19 June 2019 Council Resolution Update Report - has been moved to another part of the document.

 

Item - 13.02 Notice of Motion - Revocation of Part of the Lake Innes Nature Reserve - has been moved to another part of the document.

 

Item - 13.03 Notice of Motion - Seeking Clarification on Lake Innes Nature Reserve from Member for Port Macquarie - has been moved to another part of the document.

 

Item - 13.04 Notice of Motion - Proposed Orbital Road Investigation Area - has been moved to another part of the document.

 

 

13.05  Notice of Motion - Request for Funding to Supplement Council's Ferry Services

RESOLVED:  Pinson/Griffiths

 

That Council request the General Manager write to State Member for Port Macquarie Leslie Williams to request her representation for a recurrent funding contribution to Council for the operation of the Settlement Point and Hibbard Ferry Services.

carried:      8/0

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

Against:       Nil

 

 

13.06  Notice of Motion - Water Security

RESOLVED:  Cusato/Pinson

 

That Council:

1.       Request the General Manager Report to the December 2019 Council Meeting on water security and water availability for the Local Government Area. Within this report request the General Manager include:

a)      Updates on investigations into water filtration systems.

b)      Current plans (if any) to raise the dam walls.

c)      Outline any investigations into building new water infrastructure.

2.       Request the General Manager:

          (a)     Write to the NSW Minister for Water, Hon. Melinda Pavey MP, asking for information on any new funding opportunities for local government to upgrade water infrastructure.

          (b)     Write to the NSW Leader of the National Party, Hon. Member John Barilaro MP, and the NSW Member for Port Macquarie, Hon. Leslie Williams MP, to advise of Council’s correspondence to the Minister attaching this report and the letter to the Minister.

carried:      8/0

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

Against:       Nil

 

 

13.07  Notice of Motion - Climate Change Policy / Action Plan

MOTION

MOVED:  Alley/Turner

 

That Council Request the General Manager:

1.       Draft a scope for the development of a Climate Change Policy / Action Plan.

2.       Consult with the Planning, Environment and Sustainability portfolio in the preparation of this draft scope for a Climate Change Policy / Action Plan.

3.       Hold a Councillor briefing by February 2020 on the draft Climate Change Policy / Action Plan, once the policy / plan scope has been developed.

 

 

AMENDMENT

 

MOVED:  Cusato/Griffiths

 

That Council defer the following motion:

 

“That Council Request the General Manager:

1.       Draft a scope for the development of a Climate Change Policy / Action Plan.

2.       Consult with the Planning, Environment and Sustainability portfolio in the preparation of this draft scope for a Climate Change Policy / Action Plan.

3.       Hold a Councillor briefing on the draft Climate Change Policy / Action Plan, once the policy/plan scope has been developed.”

 

Until it is a legislative requirement that Council is to have such strategies and action plans in place.

 

 

THE AMENDMENT WAS PUT AND CARRIED

 

MOVED:  Cusato/Griffiths

 

That Council defer the following motion:

 

“That Council Request the General Manager:

1.       Draft a scope for the development of a Climate Change Policy / Action Plan.

2.       Consult with the Planning, Environment and Sustainability portfolio in the preparation of this draft scope for a Climate Change Policy / Action Plan.

3.       Hold a Councillor briefing on the draft Climate Change Policy / Action Plan, once the policy/plan scope has been developed.”

 

Until it is a legislative requirement that Council is to have such strategies and action plans in place.

 

equal:          4/4

For:   Cusato, Griffiths, Levido and Pinson

Against:       Alley, Dixon, Intemann and Turner

CASTING VOTE:  FOR

MOTION CARRIED

 

THE AMENDMENT BECOMES THE MOTION:

 

RESOLVED:  Cusato/Griffiths

 

That Council defer the following motion:

 

“That Council Request the General Manager:

1.       Draft a scope for the development of a Climate Change Policy / Action Plan.

2.       Consult with the Planning, Environment and Sustainability portfolio in the preparation of this draft scope for a Climate Change Policy / Action Plan.

3.       Hold a Councillor briefing on the draft Climate Change Policy / Action Plan, once the policy/plan scope has been developed.”

 

Until it is a legislative requirement that Council is to have such strategies and action plans in place.

equal:          4/4

For:   Cusato, Griffiths, Levido and Pinson

Against:       Alley, Dixon, Intemann and Turner

CASTING VOTE:  FOR

MOTION CARRIED

 

 

13.08  Notice of Motion - Protection of Public Infrastructure Bonds Fee

RESOLVED:  Pinson/Griffiths

 

That Council:

1.       Request the General Manager review the Protection of Public Infrastructure Bonds fee as listed in the 2019-2020 Published Fees and Charges, including benchmarking of similar fees with neighbouring and other Group 5 Councils.

2.       Request the General Manager table a report on the results of this review to the November 2019 Council meeting, noting that any subsequent change to this fee would require public exhibition.

 

 

carried:      8/0

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

Against:       Nil

 

 

13.09  Ocean Drive Duplication Project

Mayor Pinson left the meeting, the time being 9:40pm.

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

 

RESOLVED:  Levido/Cusato

That Council:

1.       Note that the Roads & Maritime Services (RMS) - Regional Maintenance Delivery (RMD) is currently undertaking a review of the detailed designs and delivery methodology of the Ocean Drive Duplication with a view to delivering the project within the current confirmed available project funding of $65.5M.

2.       Withhold giving consideration to additional project funding sources until such time as the RMS/RMD have finalised their review of the Ocean Drive Duplication detailed design and delivery methodology, thereby providing Council with information around any funding gap.

3.       Request the General Manager table a report to a future Council meeting as soon as practicable, detailing the outcomes of the RMD review for the Ocean Drive Duplication project and any likely funding impacts for Council.

4.       That the General Manager forward a copy of this report and Council’s recommendation to the Office of the State Member for Port Macquarie, Hon. Leslie Williams MP.

carried:      7/0

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

Against:       Nil

 

 

Item - 13.10 Bold Street Laurieton Pedestrian Crossing - has been moved to another part of the document.

 

13.11  Biodiversity Strategy: Report Following Close of Public Exhibition Phase

RESOLVED:  Intemann/Turner

 

That Council:

1.       Adopt the revised Biodiversity Management Strategy and mapping (Attachment 1).

2.       Advise those people who made a submission during the development of the Biodiversity Management Strategy of the outcome.

 

 

carried:      7/0

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

Against:       Nil

 

 

13.12  Kooloonbung Creek  Flying-Fox Camp Management Plan

RESOLVED:  Cusato/Dixon

 

That Council note the information presented in the Kooloonbung Creek Flying Fox Camp Management Plan quarterly update report.

carried:      7/0

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

Against:       Nil

 

 

13.13  The Bago Tavern, 235 High Street, Wauchope - Inspection Report received from NSW Fire & Rescue

RESOLVED:  Alley/Dixon

 

That Council:

1.       Note the Fire Safety Inspection report, dated 5 August 2019, from NSW Fire and Rescue, as provided in Attachment 1 to this report.

2.       Exercise the powers conferred on Council by the Environmental Planning and Assessment Act, 1979 (Division 9.3 and Schedule 5), to issue a Fire Safety Order to address the outstanding fire safety concerns at the premises 235 High Street, Wauchope.

carried:      7/0

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

Against:       Nil

 

 

Mayor Pinson returned to the meeting, the time being 09:44pm.

 

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

 

13.14  Bonny Hills Beach Hotel, 1045 Ocean Drive, Bonny Hills - Inspection Report received from NSW Fire & Rescue

RESOLVED:  Cusato/Alley

 

That Council:

1.       Note the Fire Safety Inspection report, dated 6 August 2019, from NSW Fire and Rescue, as provided in Attachment 1 to this report.

2.       Exercise the powers conferred on Council by the Environmental Planning and Assessment Act, 1979 (Division 9.3 and Schedule 5), to issue a Fire Safety Order to address the outstanding fire safety concerns at the premises 1045 Ocean Drive, Bonny Hills.

carried:      8/0

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

Against:       Nil

 

 

13.15  Planning Proposal: 2019 Administrative Review of Port Macquarie - Hastings LEP 2011 (Amendment No 55) - Consideration of Submissions

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 9:45pm.

 

RESOLVED:  Intemann/Griffiths

 

That Council:

1.       Take the necessary steps under sections 3.35 and 3.36 of the Environmental Planning and Assessment Act 1979 (the Act) to finalise Port Macquarie-Hastings Council Local Environmental Plan 2011 (Amendment 55) as attached.

2.       Delegate authority to the Director Strategy and Growth to make any minor amendments to the Planning Proposal in finalising the Local Environmental Plan.

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

carried:      7/0

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

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 9:45pm.

 

 

13.16  Question With Notice - Tree Lopping and Removal Program

RESOLVED:  Cusato/Griffiths

 

That the General Manager be requested to provide a report to the October 2019 meeting of Council providing an update on the current program for public tree management in urban areas.

carried:      8/0

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

Against:       Nil

 

 

13.17  Question With Notice - Feral Deer

RESOLVED:  Cusato/Griffiths

 

That the response to the Question With Notice regarding Feral Deer be noted.

carried:      8/0

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

Against:       Nil

 

 

14       ITEMS TO BE DEALT WITH BY EXCEPTION

 

Nil.

 

 

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Dixon/Alley

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

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

Item 15.01 T-19-31 Supply and Delivery of Two (2) x 20 Tonne Track Mounted Excavators

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

Item 15.02 T-19-29 Dunbogan Flood Access Road - Stage 1A

                   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 John Henry Taylor and Mildred Joy Taylor v. Port Macquarie-Hastings Council

                   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 General Manager's Contract, 2018-2019 Performance Review & 2019-2020 Performance Agreement

                   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).

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

carried:      8/0

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

Against:       Nil

 

 

Adjourn meeting

 RESOLVED:  Dixon/Alley: 

That the Ordinary Council Meeting adjourn at 9:48pm.

 

 

Resume meeting

RESOLVED:  Dixon/Alley: 

That the Ordinary Council Meeting resume at 10:23pm.

 

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Alley/Griffiths

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

carried:      8/0

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

Against:       Nil

 

Item 15.01       T-19-31 Supply and Delivery of Two (2) x 20 Tonne Track Mounted Excavators

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

                        RECOMMENDATION

That Council:

1.      Accept the quotation, through Local Government Procurement, from Komatsu Australia Pty Ltd, for the purchase of two (2) 20 tonne track mounted excavators for $577,181.00 (excl GST).

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

3.      Maintain the confidentiality of the documents and considerations in respect of Tender T-19-31.

carried:      8/0

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

Against:       Nil

Item 15.02       T-19-29 Dunbogan Flood Access Road - Stage 1A

                        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 Eire Constructions Pty Ltd for $1,114,057.80 (exclusive of GST) for the Construction of Dunbogan Flood Access Upgrade - Stage 1A project.

2.      Accept the Schedule of Rates from Eire Constructions Pty Ltd for the Construction of Dunbogan Flood Access Upgrade - Stage 1A project.

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

4.      Maintain the confidentiality of the documents and consideration in respect of Tender T-19-29.

carried:      6/0

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

Against:       Ni

Item 15.03       John Henry Taylor and Mildred Joy Taylor v. Port Macquarie-Hastings Council

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

                        RECOMMENDATION

That Council:

1.      Note the legal advice provided in relation to the John Henry Taylor and Mildred Joy Taylor v. Port Macquarie-Hastings Council matter.

2.      Delegate to the General Manager to negotiate settlement on Council’s behalf based on the legal advice and accompanying objections following the costs assessment.

3.      Request the General Manager to report back to Council when the matter is finalised.

carried:      8/0

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

Against:       Nil

Item 15.04       General Manager's Contract, 2018-2019 Performance Review & 2019-2020 Performance Agreement

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

                        RECOMMENDATION

That Council:

1.      Note the report from the General Manager’s Performance Review Panel on the General Manager’s performance in 2018-2019, which details better than satisfactory performance for the period under review.

2.      Endorse the 2019-2020 Performance Agreement for the General Manager as presented by the General Manager’s Performance Review Panel.

3.      Accept General Manager’s application for re-appointment in his letter of 3 June 2019:

a)         That noting the high level of satisfaction with the performance of the General Manager as reflected in his 2018/19 performance review, and prior reviews, in accordance with clause 5.2 of the General Managers contract Council agrees to a new contract of employment for the General Manager, under the same terms and conditions as his current 4 year contract, for the term of 25 March 2020 to 24 March 2024, noting his current Total Remuneration Package of $350,487.

b)         That the Mayor be delegated authority to sign the new contract.

carried:      6/2

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

Against:       Griffiths and Pinson

 

 

 

The meeting closed at 10:24pm.

 

 

………………………………………..

Peta Pinson

Mayor

 

   


AGENDA                                                                                Ordinary Council      16/10/2019

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      16/10/2019

Item:          07

Subject:     CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

Presented by: General Manager, Craig Swift-McNair

Alignment with Delivery Program

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

 

 

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

 

 


AGENDA                                                                                Ordinary Council      16/10/2019

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      16/10/2019

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

16/10/2019









 

 

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

16/10/2019

 

 

Item:          10.01

 

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

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

15/05/2019
Item 09.01

Delayed due to stakeholder meetings.

DDE

 

Oct-19

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

17/07/19
Item 12.01

 

DDE

 

Oct-19

Borrowing for Projects

21/08/19
Item 10.08

 

DCP

 

Oct-19

Parking Strategy Review

21/08/19
Item 13.02

 

DI

 

Oct-19

Tree Lopping and Removal Program

18/09/19
Item 13.16

 

DDE

 

Oct-19

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

19/06/19
Item 15.04

Still negotiating

DI

Aug-19
Oct-19

Nov-19

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

19/06/19
Item 15.05

Still negotiating

DI

Aug-19
Oct-19

Nov-19

Port Macquarie Transport Network Community Consultative Committee - Membership

21/08/19
Item 13.09

EOI to recuirt members is underway

DSG

Oct-19

Nov-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

Nov-19

Planning Proposal PP2016 – 11.1 Mission Terrace Lakewood – post exhibition

15/11/17
Item 12.06

Going back out on exhibition to public

DSG

Sep-19

Nov-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

Nov-19

Planning Proposal – Lot 2 DP1091253 Beach Street Bonny Hills

19/04/16
Item 12.02

Awaiting advice from proponent

DSG

Sep-19

Nov-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

Nov-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

Nov-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

Proposed Orbital Road Investigation Area - impact of removing invesgitation area

18/09/19
Item 13.03

 

DI

 

Nov-19

Community Participation Plan 2019 - post exhibition

18/09/19
Item 10.14

 

DSG

 

Nov-19

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

12/12/18
Item 12.04

Valuation pending.

DDE

Jun-19
Aug-19
Oct-19

Dec-19

LGP EL0519 Supply of Electricity - Accepted Rates

17/07/19
Item 15.06

Local Government Procurement completing evaluations and pending Council notification.

DCP

Sep-19
Oct-19

Dec-19

Protection of Public Infrastructure Bonds Fee

18/09/19
Item 13.08

Given the research required to prepare benchmarking of similar fees and the limited resources currently available within the Infrastructure Planning section, it is requested that this report be moved to December 2019.

DI

Nov-19

Dec-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

Proposed Primary Airport Access Road Intersection with Oxley Highway

21/08/19
Item 13.01

 

DI

 

Dec-19

Water Security

18/09/19
item 13.06

 

DI

 

Dec-19

Canal Maintenance

18/10/17
Item 12.04

 

DI

 

2018/2019 FY

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

Feb-20

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

JH Taylor & MJ Taylor vs PMHC - report when finalised

18/09/19
Item 15.03

 

DCP

 

Feb-20

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

20/06/18
Item 14.05

 

DSG

 

Mar-20

Port Macquarie Aquatic Facility - Progress of detailed design and Strategic Concept Plan

18/09/19
Item 11.02

 

DDE

 

Jun-20

Port Macquarie Aquatic Facility - Outcome discussions with displaced user groups of Macquarie Park

18/09/19
Item 11.02

 

DDE

 

Jun-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)

Ocean Drive Duplication - Outcomes of RMD Review

18/09/19
Item 13.09

 

DI

 

TBA

 

Cyclic Reports

 

Report

Reporting Officer

Reporting Cycle

Month

Altered
Report Date

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
(15/08/18 - Item 12.08)

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
(21/08/19 - Item 11.02)

DSG

Biannual

Feb, Aug

 

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

Nov-19

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

Apr-19

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

 

Koala Recovery Strategy Annual Report
(19/09/18 - Item 12.05)

DDE

Annually

Sep

Oct-19

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

 

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.02

 

Subject:     Resignation of Councillor Mike Cusato

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.3.1 Provide effective leadership and equity.

 

 

 

RECOMMENDATION

 

That Council request the General Manager write to the Minister for Local Government The Hon. Shelley Hancock MP, seeking application to dispense with a by-election to replace the casual vacancy left following the recent resignation of Councillor Mike Cusato, in line with Section 294 (2) of the NSW Local Government Act 1993,

 

Executive Summary

 

Councillor Mike Cusato resigned as a Councillor of Port Macquarie-Hastings Council on Monday 23 September 2019, effective immediately.

 

In line with Section 294 of the NSW Local Government Act 1993 (the Act), as this resignation and resultant casual vacancy falls within 18 months before the date specified for the next ordinary election of the Councillors of the area, Council may apply to the Minister for Local Government to dispense with a by-election under these circumstances.

 

The purpose of this report is for Council to consider seeking application to the Minister for Local Government to dispense with a by-election as a result of Councillor Mike Cusato’s resignation.

 

Discussion

 

As noted above, Councillor Mike Cusato resigned as a Councillor of Port Macquarie-Hastings Council on Monday 23 September 2019, effective immediately.

 

As per Section 285 (b) of the NSW Local Government (General) Regulation 2005 (the Regulation), when a civic office in an area becomes vacant, the General Manager of the Council of the area is to give notice of the vacancy within 7 days to the NSW Electoral Commissioner, the Chief Executive of the Office of Local Government (OLG) and the Chief Executive Officer of Local Government NSW.

 

Following the resignation of Councillor Cusato, the General Manager wrote to the above-mentioned officers on Tuesday 24 September 2019, to inform them of the vacancy in civic office.

 

Further to the above and in line with Section 294 of the Act, as this resignation and resultant casual vacancy falls within 18 months before the date specified for the next ordinary election of the Councillors of the area, Council may apply to the Minister for Local Government to dispense with a by-election under these circumstances. Section 294 of the Act is as follows:

 

LOCAL GOVERNMENT ACT 1993 - SECT 294

Dispensing with by-elections

294 Dispensing with by-elections

1)   This section applies if a casual vacancy occurs in the office of a councillor, including a mayor elected by the electors of an area, within 18 months before the date specified for the next ordinary election of the councillors for the area.

2)   If such a casual vacancy occurs in the office of a councillor (but not the office of a mayor elected by the electors), the Minister may, on the application of the council:

a.   Order that the vacancy not be filled, or

b.   Order the holding on a stated day of a by-election to fill the vacancy and revoke any earlier order made under paragraph (a).

3)   If such a casual vacancy occurs in the office of a mayor elected by the electors, the casual vacancy is to be filled by the Governor appointing to the vacant office a councillor nominated by the council.

4)   If the council does not nominate a councillor for the purposes of subsection (3), the Governor may appoint one of the councillors to the vacant office.

 

On Tuesday 24 September 2019, the General Manager wrote to the Minister for Local Government seeking application to dispense with a by-election due to the fact the resignation of Councillor Cusato was within 18 months of the next ordinary election. However, under Section 377 (s) of the Act (General power of the Council to delegate), the making of an application, or the giving of a notice, to the Governor or Minister is a non-delegable function of Council. This means that Council is required to resolve to request the General Manager seek application to the Minister to dispense with a by-election, hence the purpose of this report to Council.

 

If Council is required to hold a by-election, then reference is made to the following Council resolution from 12 December 2018 Council meeting, where Council resolved to use the services of the NSW Electoral Commission for all elections to Council:

 

09.07 2020 ORDINARY LOCAL GOVERNMENT ELECTION

RESOLVED: Turner/Intemann

That Council resolve that:

1)      Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2)      Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3)      Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

4)      Request the General Manager to submit a report to the February 2019 meeting of Council detailing:

a.       A cost estimate provided by the Electoral Commissioner for the administration of the 2020 Ordinary Local Government Election (as in 1. above).

b.       A cost estimate provided by the Electoral Commissioner for the administration of a constitutional referendum (as in 3. above) held in conjunction with the 2020 Ordinary Local Government Election.

CARRIED: 8/0

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

AGAINST: Nil

Options

 

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

 

Under these circumstances, if Council chooses not to resolve in line with the recommendation included in this report, Council will likely be required to hold a by-election within 90 days of the date of the vacancy occurring.

 

Community Engagement & Internal Consultation

 

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

 

Internal consultation has taken place with the Director Corporate Performance and the Governance Project Officer.

 

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. However, if Council does not resolve to seek application to the Minister to dispense with a by-election for the casual vacancy, or if the Minister does not give permission to Council to dispense with a by-election, then Council will likely be required to fund a by-election within 90 days.

 

The cost of such a by-election in 2019 is unknown at the time of writing this report, but as an indication of what the potential cost of a by-election might be, the by-election held in 2017 for the Mayoral vacancy cost $310,636, of which $289,092 was paid to the NSW Electoral Commission.

 

At the time of writing this report, Council officers are aware that there have been significant cost increases from the NSW Electoral Commission, so it is likely that the cost of a by-election in 2019, would be considerably higher than the above-mentioned amount. An estimate of the cost of a by-election will only be sought from the NSW Electoral Commission if the Minister does not approve an application to dispense with a by-election.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.03

 

Subject:     Mid North Coast Joint Organisation Update

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council note the information provided in this Mid North Coast Joint Organisation Update report.

 

Executive Summary

 

The purpose of this report is to provide an update on the operation of the Mid North Coast Joint Organisation (MNCJO).

 

Discussion

 

At the 21 March 2018 Council meeting, Council resolved to join the MNCJO as per the following resolution:

 

09.02 JOINT ORGANISATION OF MID NORTH COAST COUNCILS

RESOLVED: Turner/Intemann

In accordance with Part 7 of Chapter 12 of the Local Government Act 1993 (Act),

Port Macquarie-Hastings Council (Council) resolves:

1)   That the Council inform the Minister for Local Government (Minister) of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation in accordance with this resolution.

2)   To approve the inclusion of the Port Macquarie-Hastings Council’s area in the Joint Organisation’s area.

3)   That the Joint Organisation be established to cover the Council’s area and any one or more of the following Council areas:

-     Kempsey Shire Council;

-     Nambucca Shire Council;

-     Bellingen Shire Council;

-     Coffs Harbour City Council;

-     Clarence Valley Council

4)   That, on the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister:

a)   With a copy of this resolution including the date on which Council made this resolution; and

b)   Inform the Minister that this resolution has not been rescinded for the purpose of the Minister issuing a certificate under section 400P of the Act.

5)   That Council will provide no financial guarantee to the Joint Organisation, nor will it accept any liability for decisions made and/or debts incurred.

6)   To request the Joint Organisation consider the following points in the determination of its charter:

a)   That decision making occurs via consensus and that a dispute resolution mechanism be included;

b)   That a primary objective of any proposed Joint Organisation is to deliver cost-savings to the member councils, and therefore the JO should not entrench excessive ongoing expense or administrative burden;

c)   That the purpose and core functions of the Joint Organisation be limited to the following functions, with all other functions to be decided on a case by-case basis:

i)          Strategic planning and regional priority setting;

ii)         Intergovernmental collaboration and

iii)         Regional leadership and advocacy

7)   That any requests for financial contribution to be decided by Council resolution.

8)   That agendas for meetings of the Joint Organisation be provided to PMHC Councillors prior to the meetings, and that all official business of the Joint Organisation be reported to a subsequent Ordinary Meeting of Council, including agendas, reports, and minutes of meetings.

9)   That Council’s decision to participate in the Joint Organisation be reviewed against the stated goals of additional investment to the region, and substantial benefit and significant cost savings to Councils, within 24 months of the commencement of the Joint Organisation.

CARRIED: 7/2

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

AGAINST: Cusato and Hawkins

 

Subsequent to the above Council resolution, Joint Organisations (JOs) in NSW were proclaimed by the Governor of NSW on 9 May 2018. The MNCJO was proclaimed as including Port Macquarie-Hastings Council (PMHC), Kempsey Shire Council (KSC) and Bellingen Shire Council (BSC), with the first MNCJO Board meeting held on 13 June 2018.

 

This report deals specifically with Resolution 8 detailed above in relation to providing MNCJO Board agendas, reports and minutes of meetings to Council. To this end, a report was tabled at the 19 September 2018 Council meeting detailing amongst other things, the agenda and minutes of the 13 June 2018 and 17 August 2018 MNCJO Board meetings. It is acknowledged that since September 2018 regular reporting to Council on the agendas, reports and minutes of MNCJO Board meetings has not occurred on a regular basis as required by Resolution 8 listed above, however this report provides the following MNCJO Board meeting papers by way of update:

 

-    MNCJO Board Agenda & Minutes - 5 October 2018

-    MNCJO Board Agenda & Minutes - 5 December 2018

-    MNCJO Board Agenda & Minutes - 24 January 2019

-    MNCJO Board Agenda & Minutes - 1 February 2019

-    MNCJO Board Agenda & Minutes - 5 April 2019

-    MNCJO Board Agenda & Minutes - 12 June 2019

-    MNCJO Board Agenda & Minutes - 9 August 2019

 

All of the above mentioned agendas and minutes are attached to this report for information.

 

It should also be noted that all MNCJO Board agenda’s and minutes are loaded onto Councils electronic document management system that is accessible to all Councillors.

 

By way of summary, since the proclamation of the MNCJO, the member Councils of the MNCJO have worked hard in building collaborative networks with strategic partners, such as Destination NSW, the Office of Emergency Management and Transport for NSW, plus there has been a concerted effort to investigate opportunities for regional collaborations. Some of the key achievements to date are:

 

-    Development of the MNCJO Statement of Strategic Regional Priorities (SSRP).

 

-    Development of the MNCJO Timber Bridge Renewal Prospectus for the purpose of seeking just over $10 million funding from the NSW government over 3 years, to be matched by the member Councils.

 

This is an important initiative due to the fact that the 3 x member Councils of the MNCJO have 15% of the States ageing timber bridges between them. If the above-mentioned funding can be achieved, then 91 timber bridges will be upgraded across the 3 x Councils, which represents 42% of the total number of timber bridges across the member Councils.

 

This project has caught the interest of the Minister for Regional Roads & Transport, the Hon. Paul Toole MP and a meeting was recently held with senior representatives from Transport for NSW and the MNCJO in relation to this project.

 

-    A works program workshop was recently held between all three member Councils, with General Managers, relevant Directors and Managers present to discuss and explore possible synergies and opportunities for collaborative efforts on Water, Sewerage and Road projects.

 

-    The establishment of a network of Environmental staff across the MNCJO membership who are working towards identifying collaborative sustainability initiatives.

 

-    The commissioning of the Centre for Local Government (CLG) at the University of Technology Sydney to design and conduct social research across the Mid-North Coast Region to find out what matters  most to our individual communities, and equally, what matters  across the region. This project was known as Why Local Government Matters and was reported to the 17 July 2019 Council meeting. The information gathered through this research is now being used by the member Councils to inform community planning and the suite of documents related to the integrated planning and reporting framework.

 

-    The establishment of the Koala Recovery Partnership which seeks to improve koala conservation across the Hastings-Macleay Region by engaging with landholders, the community, research groups and government sectors to achieve better on-ground outcomes and on-going viability for the iconic and important koala species. The Partnership is a joint venture under the MNCJO, with $450,000 in funding from the NSW Government’s Saving Our Species Program, along with funding from the Port Macquarie Koala Hospital and Port Macquarie-Hastings and Kempsey Councils. The Partnership conducts a variety of educational, scientific and on-ground projects that will contribute to protecting koalas and their habitat across the Hastings-Macleay Region. Importantly, the Partnership includes the funding of a Koala Recovery Ecologist to deliver the program over the next three years, with the Ecologist being a fixed term employee of the MNCJO.

 

-    Discussions are continuing with the Office of Emergency Management in relation to a Regional Disaster Preparedness program, which will see a Regional Disaster Preparedness Officer place on the north coast for two years, along with a level of project funding for disaster preparedness related projects. This initiative will likely be driven by the MNCJO and include other Councils along the mid and north coasts of NSW. Final plans are currently being put in place in relation to this project, noting that this aligns with a key project in the MNCJO SSRP, around developing programs relating to community resilience.

 

-    An MNCJO web site has now been established, which includes copies of all business papers relating to the MNCJO, all of which are available to the public.

 

-    Following the PMHC General Manager acting as the MNCJO Executive Officer from October 2018 to June 2019, a new part time Executive Officer was appointed in April 2019, with commencement in mid-June 2019.

 

-    Active involvement with a range of State agencies as part of the Department of Planning, Industry & Environment (DPIE) Regional Leadership Executive Meetings.

 

-    Planning is currently underway for a Mid North Coast and Northern Rivers Joint Organisation expo to take place in Parliament House, Sydney in early 2020. This is likely to showcase local food and businesses, however plans are still in their infancy.

 

As demonstrated above, there have been a range of key initiatives undertaken and commenced since the proclamation of the MNCJO, however the issue of ongoing operational funding for all JO’s is a topic of much conversation across NSW. Apart from the initial funding of $300,000 granted to each JO for the initial set up etc, there has been no other ongoing operational funding made available to the JO’s from the NSW government.

 

Having said the above, the NSW government recently announced project funding of $150,000 per JO for projects that can demonstrate the ongoing capacity and financial sustainability of each JO. Details of which project the MNCJO will put forward under this funding program are still to be finalised and will be presented to the October 2019 MNCJO Board meeting for consideration. Whilst this funding is not ongoing operational funding, it is considered a positive step by the government in relation to assisting the JOs to become more financially viable.

 

The other issue of interest is that the MNJCO has continued to advocate for there to be no more JO’s proclaimed along the mid north coast. This is on the back of the fact that Coffs Harbour City Council, Nambucca Shire Council and Clarence Valley Council have chosen not to join the MNCJO, but rather have been advocating to form a new northern mid north coast JO. The position of the MNCJO has always been that a JO of 6 x member Councils as opposed to the current 3 x member Councils, would be more financially sustainable and viable into the future.

 

In a recent letter from the NSW Minister for Local Government, the Hon. Shelley Hancock MP, the Minister stated that there will be no more JO’s formed on the mid north coast of NSW and encouraged Councils interested in forming a JO to consider joining the MNCJO. A copy of the Ministers letter is attached for information.

 

The MNJCO continues to work through a range of issues, projects and initiatives in an effort to bring value to the member Councils. As per the above-mentioned Council resolution from the 21 March 2018 Council meeting (in particular Resolution 9), a review of the MNCJO against the stated goals of the JO will be undertaken within 24 months of the commencement of the MNCJO. As the MNCJO commenced in June 2018, this review will take place in the first half of calendar year 2020.

 

Options

 

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

 

Community Engagement & Internal Consultation

 

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

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

For interest, from 9 May 2018 to 30 June 2019 (with 9 May being the proclamation of the MNCJO), the net operating result for the MNCJO is $319,057, noting that this is a draft result with audit for the 2018-2019 financial year yet to be finalised. For your interest and information, an extract of the draft financial statements is included in the attachment titled MNCJO - 2018-2019 DRAFT Financials Extract.

 

Attachments

 

1View. MNCJO Board Agenda & Minutes - 5 October 2018

2View. MNCJO Board Agenda & Minutes - 5 December 2018

3View. MNCJO Board Agenda & Minutes - 1 February 2019

4View. MNCJO Board Agenda & Minutes - 24 January 2019

5View. MNCJO Board Agenda & Minutes - 5 April 2019

6View. MNCJO Board Agenda & Minutes - 12 June 2019

7View. MNCJO Board Agenda & Minutes - 9 August 2019

8View. Letter - Minister Hancock to the MNCJO - 19 September 2019

9View. MNCJO - 2018-2019 DRAFT Financials Extract

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.04

 

Subject:     Notice of Motion - Funding for the Environmental Impact Statement for the Beach to Beach Shared Pathway

 

 

 

Mayor Pinson has given notice of her intention to move the following motion:

 

 

 

RECOMMENDATION

 

That Council request the General Manager table a report to the December 2019 Council meeting, detailing a plan to fund the Environmental Impact Statement required to progress the Beach to Beach shared pathway.

 

Comments by Councillor (if provided)

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.05

 

Subject:     Mayoral Discretionary Fund Allocations - 5 September to 2 October 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 5 September to 2 October 2019 inclusive.

 

Executive Summary

 

To advise of the allocations made by the Mayor from the Mayoral Discretionary Fund for the period 5 September to 2 October 2019 inclusive.

 

Discussion

 

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

 

Adjustment to Donation of Glasshouse Voucher to Rollands Plains Upper Public School Photography Exhibition Fundraiser

$50.00

Floral Wreath for September 11 Memorial Service

$65.00

Donation of Glasshouse Vouchers to Wauchope Hockey Club fundraising raffle

$200.00

 

$315.00

 

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

16/10/2019

 

 

Item:          10.06

 

Subject:     Request for Leave of Absence - Councillor Alley

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council grant leave of absence for Councillor Alley for the period 18 October 2019 to 19 November 2019.

 

Executive Summary

 

Council has received a request for leave of absence from Councillor Alley for the period 18 October 2019 to 19 November 2019.

 

Discussion

 

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

 

Councillor Alley has requested leave of absence for the period 18 October 2019 to 19 November 2019.  The reason for the Councillor’s request is that he will be outside of the local government area and unable to attend to official Council duties during this time.

 

Options

 

Council can:

1.   Adopt the recommendation.

2.   Refuse leave of absence.

 

Community Engagement & Internal Consultation

 

Internal Consultation

 

·    General Manager.

·    Director Corporate Performance.

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.07

 

Subject:     Disclosures Register - Annual Returns 2018-2019

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

S

 

RECOMMENDATION

 

That Council:

1.       Note the information in the Disclosure Register for 2018-2019.

2.       Determine that the following positions become a Designated Person pursuant to the provisions of Clause 4.8 of Council’s Code of Conduct:

a)      Senior Project Manager.

b)      Project Manager.

 

Executive Summary

 

Council’s Code of Conduct requires the General Manager to keep a register of disclosure returns and table the returns at the first Council meeting after 30 September each year.

 

The Disclosure Register is a public register and can be accessed by members of the public, by appointment.

 

Discussion

 

Clause 4.21 of Council’s Code of Conduct requires Councillors and Designated Persons to submit a disclosure return on an annual basis and lodge it with the General Manager within 3 months after 30 June each year.

 

Clause 4.24 requires the General Manager to keep a Register of the Returns and Clause 4.25 requires the returns must be tabled at the first meeting of the Council after the last day the return is required to be lodged.

 

A review of Designated Persons has been completed and all disclosure returns for the period 1 July 2018 to 30 June 2019 have been lodged and will be tabled, by the General Manager, when this report is dealt with by Council.

 

The disclosure returns will be held in the Disclosure Register 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.

 

New Positions and Changes to Position Titles and Responsibilities

 

As new positions are established or position titles and responsibilities change, it is necessary to review the list of Council positions which are Designated Persons. 

 

The following new positions should be added to the existing list of Designated Persons:

a)      Senior Project Manager.

b)      Project Manager.

 

Options

 

It is a requirement under Council’s Code of Conduct that the disclosure returns be presented to Council.

 

Community Engagement & Internal Consultation

 

Internal Consultation

 

·    Councillors.

·    General Manager and Directors.

·    Designated Persons.

 

Planning & Policy Implications

 

This report meets Council’s legislative requirements with regards to annual disclosure returns for Councillors and designated persons.

 

Financial & Economic Implications

 

There are no financial or economic implications.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.08

 

Subject:     Borrowing for 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.

 

 

 

RECOMMENDATION

 

That the information in the Borrowing for Projects report be noted.

 

Executive Summary

 

This report details a proposal, including implications, for Council to forthwith borrow, on commercial terms, or otherwise, and raise the sum of $25,000,000 on the basis that the funds be utilised and allocated for various capital projects for commencement during the first quarter of 2020.

 

There are a number of advantages to proceeding with the borrowings/projects, including taking advantage of current low interest rates and the potential positive impact on economic stimulation. However, there are also a number of financial implications which need to be carefully considered, including considerations around borrowing capacity and the impact of borrowings of Council’s future cash flows and financial sustainability.

 

The report will outline the implications of borrowing, and provide analysis around the financial impacts. It is not the intent of this report to examine the benefits of the individual projects identified. The report will demonstrate that it is possible to borrow $25,000,000 for the projects outlined on commercial terms and outline options to mitigate the financial impacts.

 

Discussion

 

Background

 

At the Ordinary Council Meeting held on 21 August 2019, Council resolved the following:

 

10.08  Notice of Motion - Borrowing for Projects

RESOLVED:  Levido/Intemann

 

That the General Manager bring back a Report to Council’s October 2019 meeting detailing an actual proposal, including implications, for Council to forthwith borrow, on commercial terms, or otherwise, raise 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 “Schools to Schools” 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.

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

carried:      7/2

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

Against:       Griffiths and Pinson

 

This report addresses the above recommendation.

 

Advantages of prioritising and funding capital projects

 

There are a range of advantages in prioritising and funding capital projects with some of these outlined below. It should be noted that these are general comments without focussing on the specific benefits of each of the listed projects.

 

Economic Stimulation

 

Delivering the abovementioned projects may provide economic stimulation. For example, during construction phases, materials and labour are required, which increases local employment and has the opportunity to assist local business in the purchase of goods and services. Such investment supports jobs growth, connects people to their jobs, homes and communities, and supports the efficient movement of people and products in and around our region. All of this adds to growing our economy and improving the liveability of our region.

 

Low interest rates

 

Borrowing funds in the current interest rate environment would allow Council to take advantage of historically low interest rates to deliver the projects identified.  Securing debt funding in a low interest market, as opposed to potentially borrowing in the future, would mean that Council could potentially avoid higher future costs of borrowing. In addition, securing low interest rate funds now may mean that existing cash reserves can be preserved in investments which are attracting a higher rate of return than the interest cost of debt.

 

Should borrowing be staged, (not drawn up front), in line with project delivery, future interest rates may increase. It is noted that where works are scheduled to be delivered on a staged approach, should borrowings be drawn up front, the funds will remain in reserve until required to fund the works. This means that there will be a period where the funds are not technically required, but where interest is being incurred on the borrowings. This cost will be offset to an extent by the investment revenue earned on the reserves. However unlike existing investments, new investments are likely to be made at a lower rate than the current cost of borrowing. The risk of the net cost to council would therefore need to be considered against the risk of potentially higher interest rates should the borrowings be drawn on a stages approach in the future.

 

Intergenerational equity principles

 

Intergenerational equity is the concept of fairness between generations and includes consideration of the financial impacts of decisions on future generations, as well as ensuring that the cost of services / assets provided are funded by those generations receiving the benefits of those services / assets.

 

Utilising debt to fund infrastructure projects and aligning repayments with the life of these assets supports the concept of intergenerational equity as in effect the generations ‘paying’ for the assets are those utilising and therefore gaining benefit from the assets.

 

Benefits of the Individual Projects

 

Each of the projects listed have benefits for stakeholders and the community. It is not within the scope of this report to expand on these benefits, or to comment on whether these are priority projects for Council, as this is a matter for Council to determine.

 

Implications of funding the projects

 

Notwithstanding the above-mentioned benefits, no decisions are without implications. The implications for consideration are as follows:

 

Capacity to borrow

 

Capacity to borrow refers to the amount of money available for Council to borrow based on its current financial status. Ultimately were Council to proceed with the borrowings, the capacity to borrow would be determined by the lenders, the outcome of which would determine whether Council could borrow the proposed funds.

 

The debt service cover ratio (which measures the affordability of debt), may however provide an indicator of capacity to borrow. Council’s long term financial planning currently projects debt service cover ratios above the Office of Local Government’s benchmark of 2x on both a consolidated and general fund basis and would still be projected to remain above benchmark on a consolidated and general fund basis with the additional borrowings taken into account.

 

Commercial Terms

 

Council has approached TCorp and a local commercial bank to obtain indicative loan interest rates for the proposed borrowings, with a range of durations and at both fixed and variable rates. Council has also consulted with its investment advisors to determine what likely interest rates would be in the current market.

 

These approaches have indicated that Council could borrow the funds on commercial terms, with likely interest rates in an approximate range of 2% - 3.5%.

 

Cash flow to repay borrowings (and budget position)

 

Funding the projects through borrowings will impact future cash flows with additional interest and principal repayments which are currently not included in Council’s long term financial planning. A borrowing of $25,000,000 over a 20-year loan term with bi-annual repayments would incur the following approximate repayments over the next 10 years:

 

 

Interest Rate

Annual Principal Repayments

Interest Repayments
2020/21

Interest Repayments
2028/29

2%

$1.25m

$495k

$295k

3.5%

$1.25m

$865k

$515k

 

The above means that approximate annual repayments and therefore additional cash flow requirements would be:

 

Interest Rate

2020/21

2028/29

2%

$1.7m

$1.5m

3.5%

$2.1m

$1.8m

 

Council’s long term financial planning, (excluding the proposed loan repayments), is currently projecting budget deficit positions up to 2022/23, returning to surplus in 2023/24 with a projected surplus of $9.5m in 2028/29. This is due largely to existing loans reaching the end of their term and therefore a reduction in loan repayments.

 

The impact of the above additional cash flow requirements will result in projected budget deficit positions for the next 5 years, with a return to surplus in 2025/26. The following table outlines the major impacts:

 

Interest Rate

Cumulative Deficits over Next Five Years

Projected Surplus in

2028/29

2%

$11.1m

$7.9m

3.5%

$12.8m

$8.0m

 

The above means that additional loan repayments would result in placing additional short term pressure on future cash flows. This would need mitigation over this period.

 

Financial Sustainability and Impact on Ratios

 

In addition to the budget position noted above, an important consideration in determining the appropriateness of debt funding is the affordability of the borrowings and the impact on future financial sustainability. This can be measured through a number of key financial indicators as follows:

 

·    Operating Performance Ratio: measures Council’s ability to contain operating expenditure within operating revenue. This is considered to be a key measure of financial sustainability.

·    Debt Service Cover Ratio: measures the affordability of debt held by Council.

·    Unrestricted Current Ratio: measures Council’s ability to meet short-term financial obligations as they fall due.

 

Council’s long term financial planning is currently projecting debt service cover and unrestricted current ratios above the Office of Local Government’s benchmarks, (> 2x and >1.5x respectively), on both a consolidated and general fund basis. Whilst additional interest and principal repayments will adversely impact these ratios, they are still projected to remain above benchmark.

 

The consolidated operating performance ratio is projected to be positive and whilst additional interest repayments will reduce this ratio, it is still projected to remain above benchmark, (>0%). The general fund is however projecting annual negative operating performance ratios moving forward and additional interest repayments will place further pressure on this position.

 

The following tables summarise the impacts on these financial indicators on both a consolidated and general fund basis:

 

With an interest rate of 2%

 

 

 

Fund

 

 

Ratio

2020/21

2028/29

Current Projection

Projection with

Additional Borrowings

Current Projection

Projection with

Additional Borrowings

 

 

 

Consolidated

Operating Performance Ratio

 

3.43%

 

3.15%

 

12.02%

 

11.89%

Debt Service Cover Ratio

4.97

4.35

468.02

52.4

Unrestricted Current Ratio

2.30

2.20

3.76

3.58

 

 

 

General Fund

Operating Performance Ratio

 

-4.78%

 

-5.22%

 

-3.29%

 

-3.48%

Debt Service Cover Ratio

3.16

2.63

215.49

24.13

Unrestricted Current Ratio

2.11

2.02

3.50

3.34

 

With an interest rate of 3.5%

 

 

 

Fund

 

 

Ratio

2020/21

2028/29

Current Projection

Projection with

Additional Borrowings

Current Projection

Projection with

Additional Borrowings

 

 

 

Consolidated

Operating Performance Ratio

 

3.43%

 

2.94%

 

12.02%

 

11.80%

Debt Service Cover Ratio

4.97

4.24

468.02

46.51

Unrestricted Current Ratio

2.30

2.20

3.76

3.58

 

 

 

General Fund

Operating Performance Ratio

 

-4.78%

 

-5.55%

 

 

-3.29%

 

-3.62%

Debt Service Cover Ratio

3.16

2.54

215.49

21.41

Unrestricted Current Ratio

2.11

2.02

3.50

3.34

 

 

Potential future strategic projects

 

Council’s forward planning has identified a number of significant strategic projects in the coming years, which may require some level of funding from borrowings. These projects include the following:

 

-     Port Macquarie Aquatic Facility

-     Hastings Regional Sporting Complex

-     Thrumster Sewerage Treatment Plant

-     Cowarra Dam Water Treatment / Filtration Plant

 

It is noted that the above projects have previously been identified as future priorities by resolutions of Council.

 

The above projects are significant in cost and may require borrowings. Whether borrowings are used to fund these future strategic projects or the projects identified as part of this report, there are similar considerations in relation to the impacts on future cash flows and financial sustainability. However, should these future strategic projects require borrowings on top of the $25m for the projects identified in this report, the cash flow requirements from these borrowings would further adversely impact the financial indicators above. Cash flow requirements could be mitigated through reprioritising expenditure and/or increasing revenue.

 

In addition, Council’s future capacity to borrow may be limited by funding $25m through borrowings now, although this would depend on the quantum. Should this occur, there could be a greater need to find alternate funding sources for the above future strategic projects such as grants.

 

Integrated Planning & Reporting

 

The Integrated Planning and Reporting framework recognises that council plans and policies should not exist in isolation - that they are interconnected. The framework allows NSW councils to draw their various plans together, understand how they interact and get the maximum leverage from their efforts by planning holistically and sustainably for the future.

 

As noted above, the priorities of Council are for Council to determine. However, should these projects be prioritised out of the Integrated Planning and Reporting annual process, then it is possible that other projects that otherwise would have been priorities for Council, will now have to be deferred. Consideration would need to be given as to whether a re-exhibition of the 2019/20 Operational Plan would be required.

 

Project Delivery

 

The projects identified have a range of delivery timeframes as outlined in the table below, noting that a reallocation of priorities could bring forward more of the programs into the current financial year:

 

Project

Identified Sum

FY 19/20

FY 20/21

Outer Years

Boundary Street

$15 million

$0 Go out to tender for detailed design in Q4.

 

$500k - Commence Detailed Design

21/22 - 24/25
Complete detailed design, EIS, Acquisitions, construction planning and construction

Bril Bril Road

$6 million

$0

$300k to commence design

 

21/22 - 24/25
Finalise design and commence construction planning inclusive of any property acquisitions, service realignments, bridges etc

The Hatch

$1.2 million

Underway - Aiming to commence construction pre-30 June with informed design on costings

Complete Construction

N/A

Schools to Schools

$0.9 million

$0, noting that there is $1.1m in the current Operational Plan

 

$200k to commence detailed design on High priority areas.

21/22 - 23/24
$200k to complete detailed design and $500k to commence construction

Beach 2 Beach

$0.9 million

$200k could be spent on EIS and commencing Detailed Design for Remaining sections

$300k to complete detailed design and commence construction

 

21/22 - construction using remaining funding/possible grants

Lake Cathie Estuarine System

$1.0 million

Part progress - refer below

 

 

 

In terms of the Lake Cathie Estuarine System, it is envisaged that the following would be undertaken, noting that this is indicative only at this stage:

 

a.   Develop a Coastal Management Program (CMP) for the Lake Innes/Lake Cathie Estuarine System - $50,000. This would commence in 19/20 but not completed.

 

b.   Council’s 50% to commence initial background studies in order to undertake the Lake Innes/Lake Cathie Estuarine System CMP as follows:

·    A digestion model of the Acid Sulphate Soil (ASS) recently uncovered as a result of a study commissioned by Council & NPWS in May 2019 - $185,000

·    A review of 2013 Lake Innes Reversion Study - $50,000

·    An ecological condition assessment of the saltmarsh community within Lake Innes - $10,000.

·    Review of possible short term emergency ASS containment works - $50,000.

 

The above actions are estimated to cost $295,000. Funding can be applied for at any time with 50/50 (i.e. NSW government/other) funding available through the CMP process (i.e. NSW Coastal and Estuary Grants Program).  Accordingly, Council’s 50% contribution would be $147,500. This could be completed in 19/20.

 

c.   Employment of an Environmental Projects Officer to undertake the Lake Innes/Lake Cathie Estuarine System CMP for a fixed term of 24 months  - $235,000 This would commence in the current financial year but will take 2 years to complete.

 

d.   Undertake identified mitigation works $332,500 This is contingent on Point 1 and Government approval.

 

As can be seen from this table, most of the $25 million total capital cost would not be required in this financial year, and would be spread across to 2023/2024. Hence, there would be two options for borrowing:

 

1.   Borrow now and place the unspent loans in reserve pending cash flow needs. This would increase reserve balances, but lock in lower interest rates.

2.   Phase borrowings in line with cash flow requirements.

 

Council already has an adopted capital works program of $85.6m (excluding developer provided assets), in addition to carryover projects from the 2018-2019 financial year of $24.8m. The actual spend on the capital works program over the last 5 years is as follows:

 

Year

Total Capital Spend* ($’m)

2014/15

42.1

2015/16

70.0

2016/17

65.0

2017/18

51.8

2018/19

58.1

                          *Noting the above excludes developer provider assets

 

Hence, based on historical capital delivery levels, the current year is already an ambitious program and adding further projects could result in a deferral of projects in the current year, and in the forward works program.

 

Options for Funding $25 million in Loan Repayments

 

Noting the requirement for any borrowings to be repaid, and the current and projected cash flow deficit, there are a range of options for Council to consider to be able to repay the loan:

 

1.       In recent times, service levels have been maintained. An option to fund the loan repayments would be to reduce existing services by an amount to cover the loan repayments. This would entail undertaking detailed engagement with the community to understand priorities around service type and quality of service, in order to be able to determine appropriate service levels moving forward. Resourcing of this exercise would require a re-prioritisation of current OP priorities, as the current OP does not include provisions for this work.

2.       As well as maintaining service levels, funding in a number of areas has been increased over the last several years, for example footpath renewals, road maintenance, stormwater renewals, and tree maintenance. An option to fund the loan repayments would be to reduce funding in one or more of these areas, on either a temporary or permanent basis.

3.       Reduction of existing budgets across the organisation which will have the effect of constraining delivery across the organisation as opposed to a single targeted service.

4.       Increasing revenue, e.g. via a special rate variation.

 

Alternative Funding Options for the Projects

 

As an alternative to borrowing (whether in relation to these projects or future strategic projects), Council may consider some alternatives to borrowing to fund the projects which can reduce the cash requirement to fund the loan repayments. These may include:

 

1.       Developer contribution funding*: an initial review has been performed on the potential availability of developer contribution funding for the abovementioned projects. This review indicates that whilst some funding may be available, in particular for the “Schools to Schools” and “Beach 2 Beach” projects, this is not likely to be significant.

2.       Reserve funding**: an initial review has been performed of the potential availability of reserve funding for the abovementioned projects. This review has indicated that significant reserve funding is not available unless Council elects to modify the priorities and commitments currently allocated to the reserves.

3.       Sale of assets: Council may consider using proceeds from, for example, the sale of the Crematorium, Thrumster subdivision or general asset sales to fund the loan repayments.

 

 

*Developer contributions are a funding mechanism that permits the levying of funds from developers to provide certain public amenities or services. Council adopts contribution plans which detail how these funds will be spent. It is noted that there are a range of legislative restrictions on how these funds may be spent.

 

**Council holds cash and investments in a number of reserves which ensure that funds are set aside for future projects. These reserves may have external legislative restrictions placed on them which mean that they are not available for general use. They may also have internal restrictions placed on them whereby they are held by Council for specific future purposes as determined by Council

 

Proposal

 

Approaches to commercial lenders have indicated that Council could borrow the funds on commercial terms, with exact terms not known until finalisation of an application process.

 

Council would be able to borrow the funds, on commercial terms, on an upfront basis or staged approach, with terms of up to 20 years and current interest rates likely to fall within a range of approximately 2% to 3.5%.  The borrowings would have a number of implications which would need to be considered.

 

Analysis indicates that loan repayments would result in placing short term pressure on cash flows, and longer term increased pressure on Council’s operating results and future financial sustainability. These impacts could be mitigated by other measures, such as a reduction in existing budgeted expenditure, a re-prioritisation of existing services / projects and associated funding and/or an increase in revenue. Whilst the impacts are not significant for the current financial year, measures would need to be considered during the 2020/2021 operational plan development and implemented to address the impact on cash flow and operating performance.

 

Options

 

1.   To proceed to borrow for the projects in the original Council resolution either:

a.   On an upfront basis, placing unspent loan funds in reserve pending cash flow requirements or

b.   Borrow over multiple years on a staged approach in line with project timeframes

2.   Consider these projects (and associated funding) as part of the 2020/2021 Operational Plan (OP) development where all projects can be considered and prioritised. This would entail delaying a decision now to borrow so that this could be considered in the development of the 2020/2021 OP.

 

Community Engagement & Internal Consultation

 

Consultation has taken place with the following:

 

·    General Manager

·    Executive Team

·    Acting Group Manager Financial Services

·    Infrastructure Division

·    TCorp and a local commercial bank

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

The financial and economic implications in relation to this report have been detailed in the above analysis.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.09

 

Subject:     Local Government Act Amendments - Prescribed Tendering Threshold

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:

1.       Note the amendments to the Local Government Act 1993 prescribed tendering threshold.

2.       Adopt the amended Purchasing Policy, to reflect the legislative changes and administrative updates.

3.       Reclassify the amended Purchasing Procedure and Tendering Procedure as internal procedures.

3.       Note the staged approach for reviewing in detail and amending Council’s procurement policy, and related procedures and practices.

 

Executive Summary

 

The purpose of this report is to provide a summary of the recent amendments to the Local Government Act 1993, in particular the increase to the prescribed tendering threshold and Council’s proposed staged approach for reviewing and amending Council’s procurement policy and procedures.

 

The amendment to the Local Government Act 1993, as well as research, feedback and developments in best practice provides an opportunity for council to review its procurement related policy and procedures.  This will support the Council’s strategic procurement objectives and aligns with Councils focus to deliver best value in the delivery of goods and services to the community.

 

Discussion

 

The Local Government Act 1993 (LG Act) was assented to on 24 June 2019 and a number of provisions came into effect on 25 June 2019. The amendments to the LG Act include:

 

·        The prescribed tendering threshold, below which councils do not have to undertake a competitive tendering process, has been increased from $150,000 to $250,000

·        The threshold for contracts involving services provided by council employees at the time of entering the contract remains at $150,000

·        Councils can procure the services of pre-qualified disability employment organisations approved under the Public Works and Procurement Act 1912, without having to go to tender

 

The increased tendering threshold benefits Council by needing to conduct and manage fewer tenders and allows council to engage the supplier market much faster. It also allows greater delegation from management to procurement professionals and buyers across council.

 

In the last financial year, there were three tender processes that resulted in contracts awarded for values between the $150,000 to $250,000 threshold. In addition, there were two select tender process between this threshold and a RFQ process through an LGP panel arrangement.

 

Whilst providing benefits, there are some considerations which will require review into the future. These include:

 

·        Deciding if and how Council would to make changes to financial delegations to address how to manage spend between $150k and $250k

·        Reviewing of current procurement policies and all associated documents, then decide what changes will or will not be required to support the new tendering threshold

·        Providing Council staff with further guidance and procurement training to make sure appropriate practice is being applied to higher value purchases that no longer require a tender process

·        Aligning with audit reporting obligations of Council’s procurement and contract management practices

 

To ensure that the benefits of the increased tendering threshold are realised as soon as possible, whilst managing the above considerations, a staged review and implementation of Council’s procurement policy and related procedures is proposed.

 

It should be noted that the Purchasing Procedure and Tendering Procedures are currently Council adopted procedures. These are operational and detailed documents which should be reclassified as internal procedures. Details for tenderers are published as part of the tendering documentation. A Policy is a concise statement of governing principles, intentions and values that mandate or constrain the performance of activities undertaken to achieve Council’s objectives.

 

The staged approach involves four broad phases as follows:

 

·    Stage 1 - Establishing intent and increasing prescribed tender threshold

·    Stage 2 - Review procurement policy, procedures and practices

·    Stage 3 - Draft new procurement policy and procedures

·    Stage 4 - Roll out an education process across Council

 

The first stage is focused on:

 

·    Initial amendments to the Procurement Policy, Purchasing Procedure and Tendering Procedure to reflect the legislative changes; and to reclassify the procedures as internal procedures.

·    Developing an internal circular to provide staff with guidance on applying the changes

·    Reviewing the provision of services being provided by employees of Council for the purpose of having a clearer understanding of the impact of sect 55(30(n)(ii) of the LG Act.

 

The primary purpose of this report is to seek approval to amendments made to the Procurement Policy, Purchasing Procedure and the Tendering Procedure, which are as follows, (refer also attached documents):

 

·    an initial amendment to the tendering threshold to raise the current prescribed tendering threshold of $150,000 to:

­   $250,000; or

­   $150,000 for contracts involving the provision of services where those services are at the time of entering the contract, being provided by employees of council.

 

·    an initial amendment to the roles and responsibilities to reflect the current organisation structure

 

·    reformatting of Procurement Policy to new template

 

·    addition of reference to Local Preference Policy to Procurement Policy

 

·    removal of reference to State Contracts Control Board (Smartbuy) from Purchasing Procedure

 

All other terms and conditions contained within the policy and procedures will remain unchanged, pending the outcomes of a detailed review. Given that the amendments to the Procurement Policy are legislative, reflect other adopted Policy provisions, or administrative amendments, it is not deemed necessary to place the Policy on public exhibition as the broad intent of the Policy has not changed.

 

Options

 

Council can resolve to adopt the amendments to the procurement policy and related procedures and note the stage approach for reviewing and amending Council’s procurement policy and procedures or choose not to resolve in favour of both.

 

Community Engagement & Internal Consultation

 

Internal consultation has been undertaken with the following:

·        General Manager

·        Director, Corporate Performance

·        Director, Development & Environment

·        Director, Infrastructure

·        Director, Strategy & Growth

·        Acting Group Manager, Financial Services

·        Strategic Procurement Manager

·        Procurement Steering Group

 

Planning & Policy Implications

 

This report proposes amendments to existing procurement policies and related procedures, including:

·        Procurement Policy adopted 15 May 2013 (amended by the General Manager 03 June 2014)

·        Purchasing Procedure adopted 15 May 2013 (amended by the General Manager 03 June 2014)

·        Tendering Procedure adopted 15 May 2013 (amended by the General Manager 03 June 2014)

 

Financial & Economic Implications

 

There are no direct financial and economic implications as a result of this report.

 

Attachments

 

1View. Procurement Policy - Revised

2View. Purchasing Procedure - Revised

3View. Tendering Procedure - Revised

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.10

 

Subject:     Monthly Budget Review - September 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 “September 2019 Adjustments” section of the Monthly Budget Review – September 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 September 2019.

 

The Council adopted 2019/20 budget position as at 31 August 2019 was a shortfall of $849,721.  The budget adjustments contained in this report will reduce this shortfall to $834,938.  This month’s shortfall reduction is the result of a decrease in the expected Financial Assistance Grant compared to budget of $24,217 which is offset by the removal of a project from this year’s program impacting the budget favourably by $39,000.  

  

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

August Review

Surplus

$125,477

September Review

Surplus

           $14,783

Forecast Budget Position for 30 June 2020

Shortfall

($834,938)

 

September 2019 Adjustments

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

 

Item

Surplus/

Shortfall

Amount

Comment

Local Government Grants Commission, Financial Assistance Grant.

Surplus

($24,217)

Council received notification from the Local Government Grants Commission of the expected Financial Assistance Grant amounts for 2019/20, resulting in an unfavourable budget variance.

Hastings Hockey Fields Project

Surplus

$39,000

Removal of funding already provided for in budget.

Total

Surplus

$14,783

 

The following adjustments reflect budget movements as a result of grant funding received, contributions, movement between projects and budget variation requests which have no impact on the budget position (for example additional income has an associated expenditure budget):

 

Description

Notes

Funding Source

Amount

Grant Funding

1

Grants

$745,387

S7.11 Contributions

2

Reserve

$3,191

Movements between Projects

3

Revenue

$75,000

Budget Variance Requests

4

Revenue

$661,264

Total

 

 

  $1,484,842

 


 

1.   Grant Funding

 

Council Project

Grant Provider

Grant Funding

Other Funding*

Comment

Shared Pathway Ocean Drive (Brotherglen Drive - Pacific Hwy)

RMS

$400,000

$400,000

RMS funding for the construction of a shared path on Ocean Drive

Construction of Pedestrian Refuges on Ocean Drive

RMS

$150,000

$150,000

Grant to provide pedestrian refuges as part of Walking Communities Infrastructure

Construction of Pedestrian Refuges on the Intersection of Lake & Seymour St

RMS

$100,000

$100,000

Grant for the construction of pedestrian refuges, kerb extensions and kerb ramps.

Pedestrian Refuges - Gordon & Hollingworth Streets and Hayward St

RMS

$125,000

$125,000

Grant for the construction of pedestrian refuges, kerb extensions and kerb ramps.

Construct 17 Kerb Ramps in Port Macquarie & Wauchope

RMS

$30,000

$30,000

Grant to provide kerb ramps as part of Walking Communities Infrastructure

Pembroke Rd Safety Improvements

RMS

$45,000

 

Additional funding under the NSW Safer Rds Program

Wauchope CBD Pedestrian Facilities

RMS

$120,000

 

40km/hr Pedestrian Activity Area works as part of the Australian Govt Black Spot Program

Bago Rd Rehabilitation

RMS

$200,000

 

Grant for the installation of profile edge and centre line as part of the Australian Govt Black Spot Program

Hastings Hockey Fields

DOI

($186,973)

 

Removal of funding already provided for in budget

Port Macquarie Regional Stadium

DOI

($237,640)

 

Removal of funding already provided for in budget

Total Grant Funding

$745,387

$805,000

 

* Other funding already contained within existing budgets

 

 

2.   S7.11 Contributions

 

Council Project

Contributions From

Amount

Other Funding

Comment

Lakeside Woods Environmental Management

S7.11

$3,191

$0

Adjustment to cover costs associated with the maintenance of Lakeside Woods. (funds collected under VPA)

S7.11 Contributions

$3,191

$0

 

 

 

3.    Transfer Between Projects

 

Transfer from

Transfer To

Amount

Comments

Airport Bio-certification strategy

Airport Bio-bank Management Actions

$75,000

Transfer of OP action 4.2.1.06 to a separate project for ease of cost tracking.

Total Transfers Between Projects

$75,000

 

 

 

4.    Budget Variation Requests (approved by Executive)

 

Project Name

Funding Source

Amount

Comments

Kendall Trunk Main

Reserve

$461,026

Following design completion and pricing in September, the emergency works for the Kendall Trunk Main requires a budget adjustment.  To be funded from the budget for Live Water Mains Renewals.

Wauchope Depot Clean up

Reserve

$25,000

Additional Scope.

The Hatch Rd Upgrade

Revenue

$50,000

Adjustment required to complete site investigations and design.

Beechwood Water Supply Upgrade

Reserve

$125,238

Additional costs to complete Hastings River underbore and connection changes at Rosewood Reservoir.

Total Approved Budget Variations

$661,264

 

 

 

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 decrease the budget position to a shortfall of $834,938.

 

Statement by Responsible Accounting Officer

 

“The adopted original budget result for 2019-2020 was a shortfall of $975,198.  As of 30 September 2019, this shortfall position has decreased to a shortfall of $834,938. 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. September 2019 Monthly Budget Review

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          10.11

 

Subject:     Investments - September 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 September 2019.

 

Executive Summary

 

·    Total funds invested as at 30 September equals $296,873,552.

·    Interest for the month of September was $699,364.

·    The year-to-date investment income of $2,068,924 represents 25% of the total annual investment income budget of $8,395,000.

·    Council’s total investment portfolio performance for the financial year to date was 1.75% above the benchmark (2.90% against 1.15%), benchmark being the Bank Bill reference rate as at 30 September 2020.

 

The following outlines the significant points outlined in the attached Monthly Report as provided by Council’s investment advisors:

 

·    Council’s portfolio has met compliance requirements and outperformed benchmarks during the month.

·    Council introduced a Floating Rate Note (FRN) with Bendigo-Adelaide during the month.

·    Further interest rate cuts are on the horizon over the next 6-12 months.

·    At the end of August, AMP bank was downgraded from A- to BBB+ by ratings agency S&P.  This downgrade was due to the sale of AMP’s life insurance arm and the potential impacts on the group’s profits going forward.  There are currently no issues with Council’s exposure to AMP and there is minimal risk of any Authorised Deposit-Taking Institution, (ADI), defaulting on their deposits going forward.

 

Discussion

 

Council has engaged Imperium Markets to provide both an investment management platform and investment advisory service. This decision was based on the need to provide more rigour and transparency around investment choices and to provide a sound framework to support the need for increased financial sustainability into the future.

 

The attached investment report and portfolio provides detailed information on the performance of council’s investment portfolio.

 

Overview

 

Councils (including Port Macquarie-Hastings Council) provide a broad range of services and associated infrastructure to their communities. These services include (but are not limited to) the following:

 

·    Water and Sewer services;

·    Waste services;

·    Port Macquarie Airport;

·    Cemeteries;

·    Roads and Bridges;

·    Various Recreation and Cultural facilities.

 

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

 

An independent analysis was conducted on Council’s financial reserves. The review found:

 

·    The Port Macquarie-Hastings local government area has experienced an unprecedented level of development activity. Whilst this has increased the level of reserves held through developer contributions, councils experiencing a high level of development activity require relatively high levels of reserves in order to adequately cope with the required levels of infrastructure spending.

·    Council’s reserve levels to be broadly appropriate and reasonable in light of Council’s circumstances. In particular, that Council has successfully maintained a prudent buffer to prepare against potential financial risks associated with the predicted high development activity.

 

The full report is available on Council’s website:

 

http://www.pmhc.nsw.gov.au/About-Us/What-Council-Does/Corporate-Planning-Reporting-Budgets/Financial-Reports?BestBetMatch=financial%20reserves|cdbad291-68a4-4d81-8aee-b3733958e5ca|bd0cff62-3134-4e81-9f7e-de4e65feb428|en-AU

 

Current Investments

 

Council is required to undertake investments in accordance with section 625 of the Local Government Act 1993.  This report provides details of Council’s investments, and certifies that all funds that Council has invested as at 30 September 2019, comply with this Act.

 

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

 

As at 30 September 2019, the investments held by Council totalled $296,873,552 and were attributed to the following funds:

 

General Fund

121,801,280

Waste Fund

17,702,570

Water Fund

102,700,437

Sewer Fund

53,178,959

Sanctuary Springs Fund

                                            38,594

Broadwater

1,451,712

 

296,873,552

 

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.

 

Council adopted a revised investment policy in February 2019 which widened the scope of permissible investments to include Floating Rate Notes, (FRN).  During the month, Council entered into a $3m FRN with Bendigo & Adelaide Bank. As interest rates on term deposits continue to fall in a low interest rate environment, this is an important step in diversifying Council’s investment portfolio. As well as providing a measure of liquidity in the investment portfolio, this will allow Council to benefit from future interest rate rises across the 5-year term.

 

In relation to the above, it is noted that there is a minor variance between the total investments held as per this report, ($296,873,552), and total investments held as per Imperium’s attached monthly report ($296,873,477). This is due to the fact that Council’s accounting policy treatment means that FRNs are held at amortised cost, whereas they are included at fair value in Imperium’s report. This variance is not expected to be material.

 

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 and one floating rate note (FRN). 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 1.75% above the benchmark (2.90% against 1.15%) and year to-date income is 25% 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 - September 2019

2View. Port Macquarie-Hastings Council Portfolio as at 30 September 2019

 

 


AGENDA                                                                                Ordinary Council

16/10/2019









 

 

What we are trying to achieve

A healthy, inclusive and vibrant community.

 

What the result will be

 

We will have:

              Community hubs that provide access to services and social connections

              A safe, caring and connected community

              A healthy and active community that is supported by recreational infrastructure

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

              Community participation in events, programs, festivals and activities

 

How we will get there

 

2.1     Create a community that feels safe

2.2     Advocate for social inclusion and fairness

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

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

2.5     Promote a creative and culturally rich community

 

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          11.01

 

Subject:     Response to Lake Cathie Community Concerns

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council note the information contained in this Response to Lake Cathie Community Concerns report.

 

Executive Summary

 

At the 18 September 2019 Council Meeting, Ms Susan East addressed Council regarding reticulated water for Lake Cathie / Bonny Hills as part of the Public Forum - Matters Not on the Agenda. The address by Ms East also included a range of other issues in addition to the reticulated water issue.


At the request of Deputy Mayor Lisa Intemann, this report is tabled to present an update on the issues raised by Ms East at the September public forum address.

 

Discussion

 

As noted above, at the 18 September 2019 Council Meeting, Ms Susan East addressed Council regarding reticulated water for Lake Cathie / Bonny Hills as part of the Public Forum - Matters Not on the Agenda. The address also included a range of other issues in addition to the reticulated water issue. The address to Council was provided in writing to Council by Ms East following the Council meeting and it is that document that forms the basis for the responses included in this report. It should be noted that further to the above-mentioned address to Council, emails were received by Councillors from Ms Sue East following the 18 September 2019 Council meeting. Some of the issues raised in those emails are also addressed in this report.

 

A copy of the address from Ms East is attached to this report for information and context. This report generally lists the individual issues raised by Ms East (shown in italics) and then provides a response.

 

The Lake Cathie Bonny Hills Area 14 has been in council for in excess of 15 years, and in recent years the green light was given on the Area 14 development, why has the council taken so long in completing their responsibility with reticulated water for Area 14. Q. When was Area 14 first planned and what are the timelines around this?

 

At its Ordinary Meeting on 5 November 2007 Council resolved to adopt an Integrated Water Cycle Management (IWCM) approach for the Area 14 development that included the following aspects:

 

Supply of reclaimed water to dwellings for outdoor use, toilet flushing and laundry cold water (via dual reticulation);

Irrigation of public open space with reclaimed water;

Water sensitive urban design for stormwater management.

 

Following the Council resolution in 2007, the Bonny Hills Wastewater Treatment Plant underwent a $17m augmentation to improve the levels of treatment and provide a fit for purpose recycled water. This plant was commissioned in 2009.

 

The purple or lilac pipe was laid along the Cathie straight for the grey water to go back into the community for watering lawns, gardens, etc.  although PMHC has made it compulsory for all new houses in Area 14 to have the inclusion of grey water drainage and usage, it has still not been delivered to homes in Area 14. Q. Is this compulsory and were people given a choice at the time as to whether they catered for reclaimed water or not?

 

Following a period of development downturn, a further Council report was tabled at the October 2015 Council Meeting where Council resolved to continue with dual reticulation. 

 

Council obtained approval (NSW Department) for recycled water to be supplied from the Bonny Hills Wastewater treatment plant through a dual reticulation system for new residences to meet their BASIX requirements in lieu of a rainwater tank.  Newly built houses therefore had the option of whether to connect to the dual reticulation system or installing a rainwater tank, noting that there are costs associated with both options i.e. if recycled water was not available residents would be required to pay for a rainwater tank, pump and plumbing.

 

Further to the above, provision is made for reclaimed infrastructure to be provided at the subdivision stage, however the connection to the reclaimed network is optional at the dwelling construction phase. Clause 9 of the BASIX SEPP specifically outlines that a Development Control Plan cannot override the BASIX commitments, therefore a proponent can choose a rainwater tank if they wish and many do.

 

Are councillors aware that these new homes, at a cost to the owners, who are community members have had to include the plumbing for the grey water collection, at a real cost to the price of their homes by approximately $8,000.00 to $10,000.00, but the council have not completed their responsibility to release this water to the community, however, I believe the council is nearing completion to release the grey water, but only to the Lake Cathie playing fields and the privately owned by members Port Macquarie Golf Course. Q. Have we been charging people for years for something we have not been able to deliver, plus, whay is recalimed water only going to the Lake Cathie playing fields and the PMQ golf course?

 

As reclaimed water was not available for initial developments, a bridging connection between the newly installed purple pipes and Councils drinking water supply was put in place. Residents have continued to be charged for the use of potable water in line with Councils fees and charges.  The future cost of reclaimed water once it is available is yet to be determined.

 

Council need to have this water licence!  The purple/lilac water pipes were laid 15 years ago.  How long does it take to get that licence. Which section of council should have applied for this when Area 14 was opened for sale? Q.  What is the hold up in getting the S60 licence; when did we first apply for the licence; does it normally take this long and why have we not make representations to the local member about this?

 

Initial consultation with the NSW Department of Planning, Industry and Environment (DPIE) for what is known as a Section 60 approval for dual reticulation commenced in 2015 with Council submitting the documentation for the scheme. Following a number of stakeholder workshops and risk assessments with the Department, an action plan was established which outlined various requirements relating to treatment levels, infrastructure and operating methodology. The following table (from 2017) provides a summary of these actions, with the table also including an update on the status of each item:

 

Section

Works required

Time frame

Updated Timeframe

Treatment

Log Reduction Verification program

Completed

Completed

Connection of HEMS line to treatment works and relay of pipe to create separate low pressure pumping system to High pressure pumps

Completed

Completed

Purchase, installation and commissioning of new low pressure pumps

Completed

Completed

Enhancement of Chlorine Dosing System

In Progress – December 2017

Completed

Test and optimisation of high pressure Pumps

May 2019

Completed

Supply

Design of inlet/outlet pipes to the reservoir

Tender closed – Completion May 2018

 

Completed

Construction of inlet/outlet pipe to reservoir

May 2019

May 2020 - this project was delayed due to issues with the easement and the discovery of naturally occurring asbestos which required redesign and further environmental assessment

Reservoir Refurbishment

May 2019

Underway - connections to be made following completion of inlet/outlet mains

Commissioning- Trial

June 2019

June 2020

Licensing

Log reduction assessment report

Completed

Completed

3 months monitoring/ verification sampling

May 2018

Completed

Risk Assessment Workshop

June2018

Completed (revised workshop undertaken August 2019)

Preparation of RW Management Plan and Submission to DPI Water

September 2018

Ongoing following the revised workshop held in August 2019. Scheduled for December 2019

First Review of Management Plan

Dependent on DPIE

Dependent on DPIE

Initial Scheme Audit

Dependent on DPIE

Dependent on DPIE

Final Scheme Audit

Dependent on DPIE

Following commissioning of infrastructure

 

The items in the table provided above were completed from 2015 onwards in liaison with NSW DPIE and the identified requirements of the system.

 

To date Council has not received approval for recycled water use, however this is anticipated to be received for irrigation in October 2019 and for dual reticulation in June 2020.  While the approval process has proven to be lengthy and very risk averse, the reality is that the infrastructure (pipelines etc.) has not been available to supply the sites with recycled water. 

 

Reclaimed water will be able to be delivered to the Lake Cathie Sporting Fields and Port Macquarie Golf Course initially (October 2019) via pressure pumps located at the Bonny Hills Wastewater Treatment Plant. 

 

The residential supply for dual reticulation to Area 14 will not be able to be supplied via pressure pumps due to the potential of blackouts and mechanical failure that would lead to direct loss of water supply and as such will require a gravity supply.  Recycled water supply to Area 14 requires the construction of water mains and conversion of Grants Head reservoir from a drinking water reservoir to a recycled water reservoir. This is scheduled for commissioning in June 2020.  Once the infrastructure has been completed a final audit of the scheme will allow Section 60 approval to be granted for dual reticulation and supply can then commence.

 

Also, during the elections earlier this year, this council was complacent in pushing for funding from either State or Federal Government, always referring to the fact that NO project is shovel ready….  WHY NOT. 

 

Council is unable to verify that the above statement is factually based. Council prepared lists of projects suitable for election commitments at a State and Federal level back in 2018 and these were provided to the sitting members of Parliament, with several conversations being had prior to the State and Federal elections around such funding opportunities.

 

One of the issues every Council needs to manage when it comes to election commitment funding or grant funding in general is that the majority of funding that is made available to Councils is for projects that are shovel-ready - which means the projects have to be close to being able to be commenced. This presents enormous financial challenges for Councils as it means that Councils (meaning ratepayers) often need to fund all up front investigations and pre-construction works including concept designs and detailed designs etc, with little or no grant funding available for these critical phases of a project. These costs can be into the hundreds of thousands of dollars for one project, let alone a suite of projects such as Council delivers on an annual basis. This also assumes that the priorities for funding from the State & Federal government aligns with Council priorities and those of the local community as determined annually through the development of the annual Operational Plan.

 

What about the revetment wall.  Why hasn’t the revetment wall at Lake Cathie been started and completed.  How long ago was it that council made a decision to cut the facilities from the homes on Illaroo Drive, only to find out council were outside of their jurisdiction to do this.  Just build the revetment wall for crying out loud

 

In relation to the homes in Illaroo Drive, Council is not aware of the cutting of any facilities and therefore cannot respond more fully to this claim.

 

With regard to the revetment wall, the main component of the Lake Cathie Coastal Zone Management Plan (2016) is the construction of a revetment wall with beach nourishment adjacent to Illaroo Road. A detailed design of a rock revetment wall was completed in 2015 with an estimated construction cost of $8.1M. The NSW Minister for the Environment certified the Lake Cathie Coastal Zone Management Plan in January 2017 and requested that a ‘workable Funding Model’ be completed and in 2017, Council commenced work on a Funding Model.

 

In early 2018 it became apparent the 2015 Cost Benefit Analysis prepared by the NSW Office of Environment and Heritage (OEH) was not suitable and a new Cost Benefit Analysis was commissioned in mid-2018. A draft Cost Benefit Analysis is currently being reviewed by the OEH (their Economics team) with a final Cost Benefit Analysis expected in late 2019. Work on the Funding Model can then proceed with a draft Funding Model expected in the first half of 2020.

 

It should be noted that there are no construction timelines around the revetment wall at this stage.

 

Recently 2 of our councillors attended a conference to inform them the best way to have a happy community was to listen to them, so where is it going so wrong in this LGA, who isn’t listening, or who isn’t speaking up for our community.

 

At the time of writing this report, we are unable to confirm what the above statement is referring to. Most recently, Councillors Hawkins and Turner attended a Smart Cities conference in Melbourne at the end of May 2019. A report on attendance at this conference was tabled at the 17 July 2019 Council meeting.

 

Do the councillors know that Lake Cathie has some of the highest rates in the PMHC LGA!, possibly in NSW, our footpaths, gutter and drainage leave a lot to be desired, let alone anything to do with our poor lake system.  The rate payers that live on the lake pay over $1000.00 per annum more than one street back, which is due to our beautiful lake views, well at the moment we only have sand flats and swamp to look at so why hasn’t the council decreased the rates for resident around the lake until such time as this is rectified?????

 

Properties fronting Lake Cathie do pay higher rates. The base rate and rate in the dollar component of their total rates are consistent with those of the area. The higher rates are driven specifically by higher land values which are calculated by the NSW Valuer General, noting that Council has no control over this. The Valuer General’s calculation of land value takes into account a number of factors and may include specific views or if the land is on coastal frontage.

 

As our elected councillors can’t you see why the community are feed up and frustrated when the staff come up with new projects like the skate park in Lake Cathie, the orbital road in Port when they haven’t delivered projects like the revetment wall in Cathie, the reticulated water for Area 14 that commenced well over 12 years ago, and I haven’t even discussed Sovereign Hills/Thrumpster area, let alone a pedestrian crossing in Laurieton going where the staff recommend.

 

There appears to be some confusion as to how projects are approved to proceed. All projects mentioned above and in fact all key projects of Council are the subject of formal Council resolutions. It is the resolutions of Council that the General Manager and in turn the Council staff must implement. In relation to the Lake Cathie skate park, please see the following comments:

The Skate Park was adopted by Council as part of the Lake Cathie Master Plan at the February 2018 Council Meeting. Prior to the adoption of the Master Plan, extensive community engagement was undertaken on the Master Plan, which included the skate park, noting that there were several steps aimed at maximising the opportunities for the public to participate and engage with the proposals and comment on the plans. Following is a snapshot of the engagement undertaken in relation to the Master Plan:

 

Stage

Action

Date

Stage 1

Postcard Campaign

21 Aug – 14 Sept 2017

Stage 2

Community Think Tank Team (Community Forum)

18 Sept – 21 Oct 2017

Stage 3

Master Plan Development and whole community engagement

25 Sept – 2 Nov 2017

Stage 4

Refine the Master Plan based on community feedback

Nov 2017 - Feb 2018

Stage 5

Final Draft – Public Exhibition

Feb - Mar 2018

 

A total of 1082 submissions were received through Stages 1 to 4 as follows:

Stage

Submissions

1

392

2

19 community representatives

3

 

295 dot-ocracy participants

 

1000 visits on the day of the engagement

 

4

376 submissions including 64 submissions and 312 across various petitions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposed Orbital Road has been the subject of several Council reports and Council resolutions previously and is not discussed further in this report, other than to say that the proposed Orbital Road forms part of Council’s future transport network planning and as a project, it is not undertaken in competition with other current projects, but in addition to them.

 

For information relating to the revetment wall and reticulated water, please refer to the earlier discussions in this report. The Bold St Laurieton pedestrian crossing was recently the subject of several reports to Council, with Council resolving on a location for the crossing at the 18 September 2019 Council meeting.

 

Further to the above, it is important to explain what the role of a Councillor is in NSW local government. Section 232 of the NSW Local Government Act (the Act) states the following:

 

232 The role of a councillor

 

(1)  The role of a councillor is as follows:

(a)  to be an active and contributing member of the governing body,

(b)  to make considered and well informed decisions as a member of the governing body,

(c)  to participate in the development of the integrated planning and reporting framework,

(d)  to represent the collective interests of residents, ratepayers and the local community,

(e)  to facilitate communication between the local community and the governing body,

(f)  to uphold and represent accurately the policies and decisions of the governing body,

(g)  to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor.

(2)  A councillor is accountable to the local community for the performance of the council.

 

In line with the above, Councillors make decisions via formal resolutions of Council, based on a range of information before them. As stated in the Act. Councillors need to balance the collective interests of residents when undertaking their role and for a growing regional centre such as the Port Macquarie-Hastings (with some 87 townships across the local government area), balancing the interests and priorities of the entire community is a constant challenge. There is always pressure on Council resources e.g. financial and human, to be able to achieve everything the Councillors and the community want to achieve. However, we continue to encourage residents to participate in the development of the annual Operational Plan, which is the key plan that Councillors consider and adopt each year that includes projects, actions and priorities that Council is wishing to achieve in any given financial year.

 

It is also important to note that one of the key legislative roles of the General Manager is to implement lawful resolutions of Council. This means that if Council has resolved to undertake a particular project or action, then it is the General Managers role to implement that in as timely a manner as possible, noting that some projects take several years to come to fruition.

 

Options

 

As this report is for noting only, Council can resolve in line with the recommendation included in this report, or resolve in some other manner.

 

Community Engagement & Internal Consultation

 

There has been no community engagement in relation to the drafting of this report. Internal consultation took place with the General Manager and Directors.

 

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. Address by Ms Sue East - PMHC Meeting re Reticulated Water etc 18.09.2019

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          11.02

 

Subject:     Recommended Items from the Mayor's Sporting Fund Sub-Committee - September 2019

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.3.2 Provide a range of inclusive sporting and recreational opportunities and facilities to encourage a healthy and active lifestyle.

 

 

 

 

RECOMMENDATION

That Council, pursuant to Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund as follows:

1.       That Madelaine Goodridge receive $350.00 to assist with the expenses she will have incurred travelling to and competing at the NSW Combined High Schools Track and Field Championships at Sydney Olympic Park from 4 - 6 September inclusive.

 

 

Executive Summary

The Mayor’s Sporting Fund Sub-Committee met on 19 September 2019, reached consensus on Item 08 (attached), and submits the above recommendation for Council’s approval.

 

Attachments

 

1View. Extract - MSF Meeting Minutes - September 2019 

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          11.03

 

Subject:     Bonny Hills Community Plan

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

1.1.2 Support community involvement in decision making through education around Council matters and services.

 

 

 

RECOMMENDATION

 

That Council:

1.       Endorse the Bonny Hills Community Plan.

2.       Note the information contained within the Developing a Community Plan for Bonny Hills Engagement Report.

3.       Note the goals and actions identified for the Bonny Hills community as outlined in the Action Plan, for consideration in future Operational Plans.

 

Executive Summary

 

Port Macquarie-Hastings Council (PMHC) initiated the Community Planning process in mid-2018 with a clear mandate to work collaboratively with our communities to develop and deliver community plans with a focus on improving the liveability, service provision and economic development for towns and villages across the LGA.

 

Council’s Community Plans, along with the Urban Growth Management Strategy (UGMS) and Local Strategic Planning Statement (under development) will be critical to Council’s ability to plan for growth in new and existing communities whilst recognising and enhancing local character ensuring that the places we plan today become the much–loved places of the future.

 

The Community Plans are designed to identify each community’s vision, priorities and actions to achieve positive change, whilst recognising the unique qualities of each community and the challenges posed by significant forecast growth. The Plans will enable Council to better assess these priorities across the entire LGA and assist communities to deliver projects that they have identified as priorities for their community.

 

Bonny Hills was initially identified as a ‘pilot project’ owing to its manageable size, the number of community-based projects under discussion and the good working relationship between Council and the Bonny Hills Progress Association.

 

The Bonny Hills Community Plan is the first Community Plan (in the revised format) to be put before Council for endorsement. Community Plans for an additional three communities are currently available for input from the community and will be presented to Council in November.

 

 

Discussion

 

Background

 

Community Plans are a concept of community-based strategic visioning and capacity building that have been around in various forms for decades. Local governments across NSW and Australia are increasingly embarking on a community planning process to:

·    capture the priorities a community has identified as important to their strong and sustainable future;

·    promote sustainable communities and neighbourhoods;

·    better align community projects and vision with government processes and vice-versa.

 

Additionally, community planning fosters community resilience and capacity building; and enhances a community’s capacity to coordinate service delivery, maintain their spaces, and invest in revitalisation initiatives that are of importance to them.

 

The community planning process also reflects recent changes in the Environmental Planning and Assessment Amendment Act that fosters greater community participation in the planning process, particularly around how communities and urban environments might change over time.

 

By leveraging place-based and design-led approaches, these changes seek to build on the valued characteristics of existing neighbourhoods and places. They also recognise and champion the important role communities play in defining existing character and shaping a desired future character for their local area. Community planning also helps communities to better familiarise themselves with and understand Council and government processes and helps to align community projects and expectations with broader government initiatives.

 

Four Tranches have been identified for the Community Planning Process as follows:

 

Tranche 1

Tranche 2

Tranche 3

Tranche 4 *

Bonny Hills

Lake Cathie

Wauchope

PMQ CBD

Town Beach

Eastport

North Shore

Rollands Plains Telegraph Pt

Huntingdon

Long Flat

New Canals

Settlement Pt

Laurieton

Dunbogan

Pappinbarra Hollisdale

Beechwood

Pembroke

Old Canals

Hastings River Dr

Westport

Clifton

Kew

Kendall

Lorne

 

 

Central Spine incl.

Hastings

Hill St

Granite St

Kennedy Drive

Lake Road

Comboyne Byabarra

 

 

Lighthouse Transit Hill Emerald Downs

 

 

 

Innes Lake

Thrumster

 

 

 

Flynn’s Beach

Shelley Beach

 

* The table shows current community allocations for Tranche 4. These may change and be conducted in parallel with the Community Strategic Plan engagement.

 

Community Planning consists of 4 stages for each tranche:

·    Planning

·    Community Engagement (Community Think Tanks)

·    Plan Development (Implementation of CCATs)

·    Delivery of Actions (Ongoing)

The Bonny Hills Community Plan has been developed as a result of former community engagements over the period November 2017 (as part of ECWOC Workshops) - September 2019 (Community Planning implementation).

 

Over the past 12 months, the Bonny Hills Community-Council Action Team (CCAT) further refined and redeveloped the original Draft Community Plan which was presented in August 2018 endorsed by Council in September 2018 with the Council resolution being as follows:

 

Ordinary Council Meeting 15 August 2018:

10.02 BONNY HILLS COMMUNITY PLAN

RESOLVED: Intemann/Griffiths

That Council:

1. Defer consideration of this item.

2. In view of the involvement of the Bonny Hills Progress Association to date, request the General Manager undertake further engagement with the Association on the draft plan and improvements to the community plan process.

3. Receive a further report to consider the draft plan at the September 2018 Council Meeting.

CARRIED: 8/0

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

AGAINST: Nil

 

Ordinary Council Meeting 19 September 2018:

09.22 BONNY HILLS COMMUNITY PLAN

Mr John Drinan, Bonny Hills Progress Association, addressed Council in support of

the recommendation.

RESOLVED: Dixon/Alley

That Council:

1. Note the information contained within the Bonny Hills Community Plan –

Results of Community Engagement Report.

2. Endorse the Draft Bonny Hills Community Plan and establish a Community-

Council Action Team to drive the development of the plan.

3. Note the future approach to Community Plans.

 

Outcomes

 

The Bonny Hills Community Plan identifies the key assets in the community including open spaces, community groups and events, and natural landscapes. It also identifies the current character and aesthetic of the village.

 

At the initial engagement workshops, the Bonny Hills community members were asked to develop a series of themes and actions that they saw as important to their community. Throughout the engagement process and together with the CCAT these actions have been refined and prioritised as detailed below and in the Community Plan (attached):

 

Goal 1: Maintain and enhance village character

 

 

OBJECTIVE 1.1: TO REVIEW AND UPDATE 2012 RESERVES MASTER

PLAN, INCLUDING ALL RESERVES AND LINKAGES BETWEEN THEM

 

Action 1

Identify methods, resources and deliver an updated Master Plan with final recommendations following community consultation (Target May 2020)

Action 2

Execute recommendations from the Master Plan according to the timetable, including annual

review of progress over an agreed timetable

 

OBJECTIVE 1.2: TO IDENTIFY AND UNDERTAKE ADDITIONAL WORKS TO

ENHANCE THE VILLAGE CHARACTER OF BONNY HILLS

 

Action 1

Specify the deficiencies in the Gateway entrances to Bonny Hills including gravel stockpiles, and explore possible solutions for discussion with Council and inclusion of remedial actions in 2020/21 and subsequent Operational Plans (Target February 2020)

Action 2

Upgrade the viewing area around Grants Head Reservoir off Skyline Place

Action 3

Install a mural on the Rainbow Beach Reserve amenities block as part of an initiative to promote better artwork and minimise graffiti tagging by October 2019

Action 4

Identify initiatives that will maintain and enhance the integrity of the beaches in Bonny Hills in the face of the increasing pressures from nature and man (Target June 2020)

 

 

Goal 2: Maintain the natural environment

 

 

TO UNDERTAKE ENVIRONMENTAL ASSESSMENTS OF THE AREA WEST OF OCEAN DRIVE, AND THE NATURE RESERVES AROUND BONNY HILLS, AND SALTWATER CREEK AND DUCHESS CREEK RIPERIAN ZONES TO DETERMINE OWNERSHIP, BIODIVERSITY STATUS, NEEDS FOR CONSERVATION AND REMEDIATION AND THE INTEGRITY OF WILDLIFE CORRIDORS

 

Action 1

Utilise existing biodiversity maps [basis of Council’s Biodiversity Strategy] and local expertise and knowledge as a ‘first pass’ assessment of the status of Bonny Hills’ native flora and fauna

resources (Target March 2020)

Action 2

Make recommendations about areas warranting conservation or remediation and the likely resources required to execute proposed actions (Target March 2020)

Action 3

Examine the current hazard reduction burning regime for bushland around Bonny Hills with the aims of determining its adequacy for safety purposes and its appropriateness for maintaining flora and fauna (Target June 2020)

 

 

Goal 3: Ensure safe access and movement of people around and through the community

 

 

OBJECTIVE 3.1: TO ENSURE SAFE PEDESTRIAN AND CYCLE LINKS

THROUGHOUT BONNY HILLS AND TO NEIGHBOURING COMMUNITIES

 

Action 1

Conduct a preliminary audit of pathways within Bonny Hills and identify priorities for consideration in Council’s 2020/21 Operational Plan

Action 2

Revisit and refine the preliminary audit of internal pathways (both walking and cycling),

including adequacy of lighting and signage accessibility, and identify the order of priorities for

consideration in subsequent Operational Plans (Target November 2019)

Action 3

Repair pathway and install signage on the Bonny Hills to North Haven walking track (Target June 2020)

Action 4

Investigate the opportunity to construct a new walkway and cycleway connecting the communities Lake Cathie, Bonny Hills and North Haven

 

OBJECTIVE 3.2: TO ENSURE SAFE ROADWAYS THROUGHOUT BONNY HILLS FOR PEOPLE AND WILDLIFE (NOTE THAT OCEAN DRIVE ELEMENTS SHOULD BE CONSIDERED AS PART OF THE OCEAN DRIVE CORRIDOR PLAN MR600/MR538)

 

Action 1

Continue to develop the Ocean Drive Corridor Plan (Project MR 600/MR 538: Providing an Ocean Drive Upgrade Design)

Action 2

Sequence the priorities identified in Action 1 for inclusion in subsequent Operational Plans

Action 3

Identify solutions to traffic and parking issues in Jungarra Cr relating to patronage of the medical centre (Target November 2019)

Action 4

Identify and prioritise secondary road issues in Bonny Hills for presentation to Council (Target June 2020)

Action 5

Settle the issue raised by community members of a Bonny Hills bypass by requesting information on the assessed need/feasibility/cost and from this the likelihood and estimated time frame for implementation (Target June 2021)

 

 

Goal 4: Manage future growth to ensure that the inclusive nature of the community is not lost

 

 

OBJECTIVE 4.1: TO ENSURE FUTURE GROWTH IS ALIGNED WITH THE

NATURAL AND BUILT ENVIRONMENTS

 

Action 1

Examine Council’s Urban Growth Management Strategy and other relevant documents to identify possible issues regarding Council’s plans for future growth in and around Bonny Hills (Target December 2020)

Action 2

Light industry location and management - request immediate participation by CCAT in Council’s current planning for this facility

Action 3

Options for future use of the quarry site beyond its current life to be explored [following confirmation of expected lifespan] (Target March 2021)

Action 4

Assess the adequacy of meeting and performance room facilities in and around Bonny Hills and the options to remedy deficiencies with recommendations identified (Target May 2020)

Action 5

Council to investigate modes of communication that better inform the community about issues of importance to them including existing practice, rules, regulations, progress of actions and what lies outside of Council control (Target June 2020)

Action 6

Determine the extent of NBN and mobile blackspots around Bonny Hills and if necessary, advocate for remedial action (Target November 2019)

Action 7

Identify opportunities to reduce Bonny Hills carbon footprint by leveraging Council, State and Community initiatives, initially by 31 March 2020 and ongoing thereafter

 

Options

 

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

 

Community Engagement & Internal Consultation

 

The Bonny Hills Community Plan has been developed following extensive community consultation including:

-     Three Council-coordinated workshops, attended by a total of over 100 community members, to identify and prioritise values, issues and opportunities;

-     Interim meetings between Bonny Hills Progress Association executive members and Council officers to advance the process;

-     A Family Day at Rainbow Beach Reserve to seek wider views, sponsored by Council;

-     An online survey on Council’s Have Your Say website;

-     Production of a DRAFT Community Plan for endorsement by Councillors in September 2018;

-     Formation of a Bonny Hills Community-Council Action Team (CCAT) in December 2018;

-     Bonny Hills CCAT monthly meetings to further develop the Community Plan.

-     Feedback sought from the wider Bonny Hills Community during a 28-day public exhibition period from 26 August 2019 until 15 September 2019.

 

Below is a summary of the submissions and a response/comment following consideration by the CCAT. Further details of the submissions are contained in the Engagement Report (attached).

 

Submission

 

Issue

1.

Sue Beiboer

Encouraged by the Plan particularly the protection of native flora and fauna. Asked for consideration of community gardens in the area to help address social isolation and mental health issues.

 

Response/

Comment:

  Noted. The establishment of community garden/(s) has been added to the list of identified actions for consideration in the Bonny Hills Reserves Master Plan review.

2.

Anonymous

 

Better management of cats to protect flora and fauna. Bike path/lane between Lake Cathie and North Haven. Planting of endemic trees.

Response/

Comment:

Noted. Investigation of better connections between neighbouring villages has been included as an additional action (Action 4 under Objective 3.1).  Native planting to be considered in the Bonny Hills Reserves Master Plan review.

3.

John & Elizabeth O'Rafferty

Support of the Plan particularly with respect to maintaining the character of the area.  Request for consideration of an aquatic facility in Bonny Hills.

 

Response/

Comment:

Noted. Port Macquarie-Hastings Council is committed to providing a new aquatic facility to meet the needs of the whole community for the next 50 years. At the 18 September Council Meeting, Macquarie Park was confirmed as the preferred site for the new aquatic facility.  A Strategic Concept will be developed over the coming months, followed by Detailed Design, with further community engagement to take place at each stage of the project.

4.

Bill Shelley

 

Submission providing feedback concerning signage, playground and footpath safety, seating.

 

Response/

Comment:

Noted. Comments submitted have been added to the list of identified actions for consideration in the Bonny Hills Reserves Master Plan review.

5.

Nicole Marchment

 

Submission provided suggestion of bike track connection to Laurieton, playground upgrade and amenities upgrades.

 

Response/

Comment:

Noted. Investigation of better connections between neighbouring villages has been included as an additional action (Action 4 under Objective 3.1).  Suggested improvement to amenities have been added to the list of identified actions for consideration in of the Bonny Hills Master Plan review.

 

6.

Greg & Tammy Hickey

 

Important to preserve Bonny Hills as a village in its own right. Importance of addressing cycleways and footpaths. Development of industrial area not to be intrusive. Links to Lake Cathie important. Pedestrian access crossing Panorama Drive. Improvement in maintenance schedule of parks and gardens. Plan to create a central village hub. Improvements to amenities in reserves.

Response/

Comment:

Noted. Investigation of better connections between neighbouring villages has been included as an additional action (Action 4 under Objective 3.1).  Suggested improvement to amenities have been added to the list of identified actions for consideration in of the Bonny Hills Master Plan review. Pedestrian movements and safe across Ocean Drive to be considered under Action 1, Objectives 3.2 (Ocean Drive Corridor Review).

 

 

 

Planning & Policy Implications

 

Community Planning has actions in the 19/20 Operational Plan:

·  1.1.2.2 – Work with the community to write and implement place-based community plans

·  1.1.2.3 – Deliver the Community Planning Program.

 

Outcomes from the Bonny Hills Community Plan will need to be considered for inclusion in future Delivery & Operational Plans through the inclusion in draft plans exhibited or via submissions and support tot Community Plan projects from the Bonny Hills CCAT or community members.

 

Financial & Economic Implications

 

The following actions outlined in the Bonny Hills Community Plan have been included in the 2019/20 Operational Plan:

·    Review of the Bonny Hills Reserves Master Plan

·    North Haven Beach Reserve – Upgrade of North Haven to Bonny Hills walkway - allocated budget $104,000

·    Stormwater Remediation Panorama Drive Bonny Hills – Detailed Designs of remedial options - allocated budget $95,000

·    Investigate the capacity of land at the intersection of Ocean Drive with Houston Mitchell Drive for light industrial use and at the intersection of Ocean Drive with Bonny View Drive for light industrial development or for use as a school

 

No further funding to-date has been allocated to deliver the actions identified in the Community Plan.

 

With the development of this and future Community Plans, it is important to highlight

the shared responsibility and opportunity to develop projects within the plans either via Council’s future Operational Plans or via community groups seeking funding or community groups completing projects on a volunteered basis.

 

Attachments

 

1View. Bonny Hills Community Plan

2View. Community Views - Appendix to Bonny Hills Community Plan

3View. Engagement Report - Developing a Community Plan for Bonny Hills

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          11.04

 

Subject:     Recreation Action Plan 2017-2025 Update

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

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

 

 

 

RECOMMENDATION

 

That Council:

1.       Note progress achieved to date in implementing the Recreation Action Plan 2017-2025.

2.       Endorse the updated Recreation Action Plan 2019-2025 for implementation.

3.       Request the General Manager to publically notify the community of the updated Recreation Action Plan 2019-2025.

 

Executive Summary

 

The original Recreation Action Plan was developed using information from the Recreation Needs Study (produced by ROSS Planning in 2014), as well as consultation with the community, land managers, government agencies and other organisations with an interest in sport and recreation.

 

The purpose of the Plan was to outline sport and recreation project priorities for future implementation. These were determined over a ten year annual program to ensure the current and future needs of sport and recreation in the Port Macquarie - Hastings were met. Projects that remain outstanding have been integrated into an updated Plan.

 

The purpose of this report is to inform Council of key actions within the Recreation Action Plan that have commenced or been completed since July 2017, and to present an updated Recreation Action Plan to Council for consideration.

 

Discussion

 

A significant number of Recreation Action Plan 2017-2025 (Attachment 1) Priority Actions have commenced or been completed, as outlined in the table below:

 

Facility

Project Detail

Project Status

Recreation Action Plan 2017-2025 Priority

Camden Haven River

Recreational Boating

Improvements

Dunbogan Reserve Boat Ramp upgrade – Construction

 

Bruce Porter Reserve Boat Ramp Upgrade – Detailed design and construction

Complete

 

 

 

Complete

Immediate Priority (2017/18)

Foreshore Reserve, Lake Cathie 

Develop Master Plan

Complete

Immediate Priority (2017/18)

Flynn’s Beach, Port Macquarie

Develop Master Plan

Complete

Immediate Priority (2017/18)

Lank Bain Sports Complex, Wauchope

Provide new sports field flood lighting

Complete

Immediate Priority (2017/18)

Oxley Oval, Port Macquarie

Provide new sports field flood lighting

 Complete

Immediate Priority (2017/18)

Port Macquarie Coastal Walk

Complete Master Plan

 

Commence upgrade of prioritised sections of the walk

Complete

 

 

Commenced

Immediate Priority (2017/18)

Rocks Ferry Reserve,

Wauchope

River bank revetment wall – Construction

Complete - Stage 1 works included the extension of the rock revetment wall upstream to address significant erosion issues.

 

Commenced - Stage 2 works, being topping up of the existing rock revetment wall, will be completed this financial year.

Immediate Priority (2017/18)

Rocks Ferry Reserve,

Wauchope

Install floating recreational boating pontoon

Complete

Immediate Priority (2017/18)

Wauchope Pool Upgrade

Stage 2 Construction

Complete

Immediate Priority (2017/18)

Westport Park, Port Macquarie

Riverwall and Promenade upgrade – design and construct

Complete

Immediate Priority (2017/18)

Port Macquarie Pool upgrade

Develop a strategic concept plan for Port Macquarie Pool including the site selection process

Site selection process complete.

 

Commenced - Detailed design process, including development of strategic concept plan, is underway.

Immediate Priority (2017/18)

Hastings Regional Sports Fields, Wauchope

Detailed design and commence construction

Commenced - Detailed design nearing 80% completion.

Immediate Priority (2017/18)

Thrumster Sports Fields

Detailed design and approvals

Commenced - Detailed design process underway.

Immediate Priority (2017/18)

Hastings River, Port Macquarie - new recreational boating facility

Detailed design and approvals 

Commenced - Detailed design process underway.

Immediate Priority (2017/18)

Hastings Regional Sports Fields,

Wauchope

Continue construction

Service relocation is scheduled to commence during 2020.

Short Term (2018/19 – 2019/20)

Stuart Park, Port Macquarie

Install sub-soil drainage to sports fields

Commenced - This project forms part of a $4 million upgrade of the Stuart Park precinct.

Short Term (2018/19 – 2019/20)

Woods Street Sports Fields, Port Macquarie

Provide new sports field flood lighting 

Commenced - This project forms part of a $4 million upgrade of the Stuart Park precinct.

 

Lighting works will be complete December 2019.

Short Term (2018/19 – 2019/20)

Port Macquarie Leash Free Dog

Exercise Park

Design and construction

Complete - This project forms part of a $4 million upgrade of the Stuart Park precinct.

 

Short Term (2018/19 – 2019/20)

Stuart Park, Port Macquarie

Facility upgrade (amenities renewal; provision of additional shade and seating)

Commenced - This project forms part of a $4 million upgrade of the Stuart Park precinct.

Short and Medium Term (2020/21 – 2024/25)

 

The Revised Plan - Recreation Action Plan 2019-2025

 

The Plan has been revised to reflect:

 

·    Finalisation and adoption of the Port Macquarie-Hastings Open Space Contribution Plan

·    Changing community, Council and state government priorities

·    Opportunities to reduce overall project cost and minimise impact on user groups by aligning project stages where appropriate

·    Condition based asset information, providing clarity as to when assets need to be replaced

·    Likely availability of funding sources

·    A desire to optimise the use of existing open spaces.

 

The updated Plan, identifies three timelines for delivery of priority projects:

           

Immediate                   2019-2020

Short term                   2020-2021 to 2021-2022

            Medium term               2022-2023 to 2024-2025

 

The following priority actions have not been carried forward in the revised Plan for the reasons outlined below:

 

Recreation Action Plan 2017-2025 Priority

Facility

Project Detail

Project Status

Short Term (2018/19 – 2019/20)

Macquarie Park, Port Macquarie

Provide new sports field flood lighting

Not progressing due to this site being identified as the preferred location for a new aquatic facility.

Medium Term (2020/21 – 2024/25)

Macquarie Park, Port Macquarie

Upgrade amenities

Not progressing due to this site being identified as the preferred location for a new aquatic facility.

Short Term (2018/19 – 2019/20)

Settlement Point Reserve - provide water craft storage facility

Design and construction

Project not proceeding. This project was initiated by Port Macquarie Dragon Boat Club. However, the club have subsequently advised Council that they do not wish to progress with relocation from existing premises at Port Marina.

 

Grant funded sport and recreation outcomes

 

In recent years, the state government has rolled out a number of grant programs that have allowed Council to significantly improve the quality of sport and recreational facilities across the Port Macquarie-Hastings area. Examples include:

 

Grant Program

Facility

Project Scope

Grant Amount

Project Status

Stronger Country Communities Fund Rd 1

Port Macquarie Hastings Hockey Facility

Install lighting to Field 2

$237,640

Complete

Port Macquarie Regional Stadium

Construct new training field and provide field lighting

$186,973

Commenced

Stronger Country Communities Fund Rd 2

Foreshore Reserve, Lake Cathie

Implement master plan - Stage 1 works

$222,696

Complete

Andrews Park, Wauchope

Provision of training lighting

$200,543

Commenced

Charlie Watt Sports Complex, Telegraph Point

Provision of field lighting; drainage upgrades

$242,941

Commenced

Oxley Oval, Port Macquarie

Upgrade field lighting to 300 lux

$152,854

Commenced

Lake Cathie Sports Field

Install irrigation and improve playing surface

$207,550

Commenced

Laurieton Sports Complex

Upgrade lighting to netball courts; refurbish amenities

$239,200

Commenced

Kew Community Park

Construct new children’s play space

$151,662

Commenced

Regional Growth Environment and Tourism Fund

Port Macquarie Coastal Walk Upgrade

Upgrades to Westport Park, Town Beach to Flagstaff Hill, Doctor’s Walk and Kenny Walk segments

$1,762,000

Commenced

Regional Sport Infrastructure Fund

Stuart Park Regional Sporting Precinct

Children’s playground; dog off-leash park; sports field lighting to additional fields; improved spectator facilities; upgrading Wood Street including formalisation of parking; upgrading of existing amenities; provision of new amenities; walking/running track.

$4,000,000

Commenced

 

The injection of these grant funds provides a range of benefits for the community including:

 

·    Provision of new community infrastructure to support increased use of existing open spaces

·    Improving useability and capacity of existing facilities to support increased use of existing open spaces

·    Provision of opportunities to accommodate increased demand associated with forecast population growth.

·    Improved mental and physical health within our community through increased participation in physical activity

·    Providing a more diverse range of sport and recreation opportunities for our community to choose from

·    Economic benefits associated with provision of quality sport and recreation facilities which creates tourism visitation to our region

·    Improved social cohesion by providing sport and recreation facilities that bring communities together.

 

The revised Plan (Attachment 2) has been amended to reflect these grant funded projects as Immediate Priority Projects.

 

Options

 

Council may choose to:

 

·    Adopt the updated Recreation Action Plan 2019-2025 as recommended.

·    Adopt the updated Recreation Action Plan 2019-2025 with additional changes.

 

Community Engagement and Internal Consultation

 

Consultation occurred with the community, land managers, government agencies, Council staff, and other organisations with an interest in sport and recreation at the time of the implementation of the original Recreation Action Plan 2015-2015.

 

The updated Plan reflects a range of community engagement process outcomes undertaken to date. Examples include:

 

·    Progression of design and approvals for Port Macquarie Aquatic Facility following confirmation of Macquarie Park as the community preferred site

·    Further implementation of the Coastal Walk Master Plan, which was adopted following an extensive community engagement process.

·    Engagement with sporting user groups associated with provision of new or upgraded sporting facilities such as Wauchope Regional Sports Fields, Rainbow Beach Sports Fields, Laurieton Sports Complex, Stuart Park in Port Macquarie, Andrews Park in Wauchope, and Kendall Railway Street Grounds.

 

No further engagement was considered necessary given the nature of the updates to the plan reflect the current Operational Plan and Port Macquarie-Hastings Open Space Contribution Plan, both of which were adopted following an extensive community engagement process.

 

Planning and Policy Implications

 

The priority projects identified in the Plan are aligned with other Council and State Government Strategic Planning documents including but not limited to:

 

-     Hastings Regional Crown Reserve - Precinct A Plan of Management 2014 (Department of Primary Industries – Lands & Forestry)

-     Hastings River Recreational Boating Needs Investigation 2017 (Roads and Maritime Services)

-     Her Sport Her Way 2019-2023 (NSW Office of Sport)

-     Flynns Beach Master Plan 2019 (Port Macquarie – Hastings Council)

-     Laurieton Sports Complex Master Plan 2019 (Port Macquarie – Hastings Council)

-     Mid North Coast Regional Boating Plan 2015 (Transport for NSW)

-     Port Macquarie Coastal Walk Master Plan 2018 (Port Macquarie – Hastings Council)

-     Port Macquarie-Hastings Bike Plan 2015 (Port Macquarie – Hastings Council)

-     Port Macquarie-Hastings Recreation Needs Study 2015 (Port Macquarie – Hastings Council)

-     Wauchope Regional Sports Fields Landscape Plan 2019 (Port Macquarie – Hastings Council)

-     Wayne Richards Park Master Plan 2014 (Port Macquarie – Hastings Council)

-     Westport Park Plan of Management 2013 (Department of Primary Industries – Lands & Forestry)

 

Financial and Economic Implications

 

Projects identified within the revised Recreation Action Plan 2019-2025 for delivery in 2019-2020 are included with the adopted 2019-2020 Operational Plan.

 

Projects identified for delivery from 2020-2021 onward are subject to budget endorsement through subsequent Operational Plan development.

 

The planning and delivery of high-quality recreational and sporting assets is expected to provide a positive economic impact for the Port Macquarie-Hastings LGA by contributing to the area being a great place to live.

 

Attachments

 

1View. Attachment 1 - Recreation Action Plan 2017-2025

2View. Attachment 2 - Recreation Action Plan 2019-2025 - Update

 

 


AGENDA                                                                                Ordinary Council

16/10/2019









 

 

What we are trying to achieve

A region that is a successful place that has vibrant, diversified and resilient regional economy that provides opportunities for people to live, learn, work, play and invest.

 

 

What the result will be

 

We will have:

          A strong economy that fosters a culture supportive of business and ensures economic development of the region

          Townships, villages and business precincts that are vibrant commercial, cultural, tourism, recreational and/or community hubs

          A region that attracts investment to create jobs

          Partnerships that maximise economic return and create an efficient and effective business environment

 

How we will get there

 

3.1     Embrace business and a stronger economy

3.2     Create vibrant and desirable places

3.3     Embrace opportunity and attract investment to support the wealth and growth of the community

3.4     Partner for success with key stakeholders in business, industry, government, education and the community

 

 

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          12.01

 

Subject:     Adequacy of Existing Risk Management Controls Associated with Paragliding Activities 

Presented by:  Development and Environment, Melissa Watkins

 

 

Alignment with Delivery Program

 

3.2.1 Support vibrant commercial, tourism, recreational and/or community hubs across the region.

 

 

 

RECOMMENDATION

 

That Council note the information contained within the Adequacy of Existing Risk Management Controls Associated with Paragliding report.

 

Executive Summary

 

At the Ordinary Council meeting held on 17 July 2019, it was resolved 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.

 

This report seeks to address resolution 4 from the above and recommends that the information provided be noted.

 

Discussion

 

The Commercial Activities on Council-managed Land Policy was adopted by Council on 16 December 2015 and came into effect on 1 July 2016. The purpose of the Policy was to support and encourage the sustainable use of Council-managed land for commercial purposes with the aim of balancing the interests of local business, the community and Council.

 

The Policy, together with Council’s Paragliding Licence Conditions and Site Rules, provide the framework under which local hang gliding, paragliding and paramotoring activities are allowed.

 

At the Ordinary Council meeting held on 17 July 2019, a report was tabled which provided an overview of a recent review of the Policy which was conducted between May - June 2019. The report did not recommend any changes to the Policy given the feedback received during the public exhibition period on the performance of the policy. However, the ongoing concerns of some community members relating to paragliding activities at Bartlett’s Beach was acknowledged and it was recommended that the General Manager undertake a review of the adequacy of risk management controls associated with paragliding activities at this location, which was subsequently adopted by Council.

 

As a result of the above resolution, Statewide Mutual (Council’s Insurance provider) were engaged to conduct a review of the risk management controls associated with paragliding activities. To support their review, they were provided with the Risk Management Plan originally provided by Mid North Coast Flyers (who operate their activities at Bartlett’s Beach) along with the executed commercial operator’s licence between Council and Mid North Coast Flyers which contains additional conditions that Council has imposed on the operators. Upon finalising their review, Statewide Mutual’s Regional Risk Manager concluded that all of the major hazards and risks have been considered (refer to Attachment 1).

 

It was also noted by Statewide Mutual that they have had previous experience with the governing bodies for paragliding and hang gliding, and club level organisations under these bodies and that they have found that they ‘have always been professional and staunch advocates for the safe practice of their sports and very mindful of their interactions with the public and environment’.

 

In addition to the review undertaken by Statewide Mutual, Council staff also engaged with the Sports Aviation Federation of Australia (SAFA), the governing body that administrates hang gliding, paragliding and weight shift microlights in Australia under regulations laid down by Civil Aviation Safety Authority (CASA). SAFA’s Safety Officer specified that it is of paramount importance to their organisation and their Club’s that their activities are operated within a safe and appropriate environment. It was noted that site specific safety reviews are conducted by individual Club’s prior to activities being undertaken and that each Club has dedicated Safety Officers who are responsible for this to be undertaken. It was confirmed by SAFA that Mid North Coast Flyers has six Safety officers and a Senior Safety Officer.

 

Given the information provided and the advice from Statewide Mutual no further actions are proposed.

 

Options

 

Council may choose to:

1.   Adopt the recommendations contained within this report;

2.   Request that paragliding activities cease at Bartlett’s Beach;

3.   Request further information in regards to the adequacy of existing risk management controls associated with paragliding activities at Bartlett’s Beach.

Community Engagement and Internal Consultation

 

Internal consultation in developing this report has involved the following Council staff:

·    Director Development and Environment

·    Group Manager Recreation, Property and Buildings

·    Group Manager Economic and Cultural Development

·    Insurance Coordinator

·    Recreation and Facilities Manager

 

External consultation was undertaken with the following stakeholders:

·    Regional Risk Manager, Statewide Mutual

·    Safety Officer, Sports Aviation Federation of Australia

 

Planning and Policy Implications

 

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

 

Financial and Economic Implications

 

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

 

Attachments

 

1View. Attachment 1 - Risk Advice Statewide Mutal

 

 


AGENDA                                                                                Ordinary Council

16/10/2019









 

 

What we are trying to achieve

A connected, sustainable, accessible community and environment that is protected now and into the future.

 

 

What the result will be

We will have:

              Effective management and maintenance of essential water, waste and sewer infrastructure

              A community that is prepared for natural events and climate change

              Sustainable and environmentally sensitive development outcomes that consider the impact on the natural environment

              Accessible transport network for our communities

              Infrastructure provision and maintenance that meets community expectations and needs

              Well planned communities that are linked to encourage and manage growth

              Accessible and protected waterways, foreshores, beaches and bushlands

              An environment that is protected and conserved for future generations

              Renewable energy options that are understood and accessible by the community

 

How we will get there

4.1     Provide (appropriate) infrastructure and services including water cycle management, waste management, and sewer management

4.2     Aim to minimise the impact of natural events and climate change, for example, floods, bushfires and coastal erosion

4.3     Facilitate development that is compatible with the natural and built environment

4.4     Plan for integrated transport systems that help people get around and link our communities

4.5     Plan for integrated and connected communities across the Port Macquarie-Hastings area

4.6     Restore and protect natural areas

4.7     Provide leadership in the development of renewable energy opportunities

4.8     Increase awareness of issues affecting our environment, including the preservation of flora and fauna

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          13.01

 

Subject:     Notice of Motion - Sustainability Initiatives and Programs

 

 

 

Councillor Intemann has given notice of her intention to move the following motion:

 

 

 

RECOMMENDATION

 

That Council request the General Manager provide a report to the December 2019 meeting of Council providing details of the significant sustainability initiatives and programs that Council is currently engaged in, including how each might relate to climate change mitigation and/or adaptation.

 

Comments by Councillor (if provided)

Nil.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          13.02

 

Subject:     Question With Notice - Dunbogan Bridge rehabilitation - Update

Presented by:  Corporate Performance, Rebecca Olsen

 

 

 

 

 

RECOMMENDATION

 

That Council note the Dunbogan Bridge Rehabilitation - Update report.

 

Question from Councillor Alley

 

Resolution 15.12 of the 19 June 2019 Ordinary Council meeting and resolution 14.03 of the 17 April 2019 Ordinary Council meeting accepted tenders and schedule of rates for the Dunbogan Bridge rehabilitation. Can you please provide an update on the progress of the Dunbogan Bridge rehabilitation including an expected time of completion of these works.

 

Comments by Councillor (if provided)

 

Nil.

 

Response

 

Work is underway on the Dunbogan Bridge rehabilitation however the contractor has identified an issue with the grout jackets resulting in the loss of some grout at two pile locations.   A number of jackets have therefore been returned to the manufacturer for repair.  The first of the jackets are expected back to site early this week with grouting to resume this Wednesday.  Whilst this has cost the contractor approximately 4 weeks on their program it is anticipated this time will be won back through additional hours and having already completed the majority of the preparatory works.  There are no time or cost implications on Council resultant from these early grouting issues. Completion of works is scheduled for February 2020.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          13.03

 

Subject:     Question With Notice - Dunbogan Flood Access Upgrade and Beach to Beach Pathway

Presented by:  Corporate Performance, Rebecca Olsen

 

 

 

 

 

RECOMMENDATION

 

That Council note the Dunbogan Flood Access Upgrade and Beach to Beach Pathway report.

 

Question from Councillor Alley

 

Resolution 15.02 of the 18 September 2019 Ordinary Council Meeting accepted a tender from EIRE Constructions Pty Ltd for the construction of the Dunbogan Flood Access Upgrade.  Can you please confirm whether the scope of works includes the Beach to Beach Pathway from the Dunbogan Bridge to the existing Beach to Beach Pathway on The Boulevarde between Diamond Head Road and the Tip Road?  Can you please provide a timetable of the likely start and completion of these works?

 

Comments by Councillor (if provided)

 

Nil.

 

Response

 

As part of the Dunbogan Flood Access Stage 1A project, a 2.0m wide shared path will be constructed linking the end of the existing B2B path on the western side of The Boulevarde near the Tip Road through to the Dunbogan Bridge totalling approx. 260m.

 

Early works involving sewer relocation, tree clearing and culvert works are proposed for December 2019, prior to Eire Construction’s scheduled commencement of contract works on 6 January 2020.  Eire’s dry weather program has them being completed on the contract works by end March 2020.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

16/10/2019

 

 

Item:          13.04

 

Subject:     Unsealed Roads Maintenance Practices - Investigation Update

Presented by:  Infrastructure, Dan Bylsma

 

 

Alignment with Delivery Program

 

4.4.2 Develop and implement annual maintenance and renewal programs for transport assets.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the report on the Unsealed Roads Policy and current work practices completed by Australian Road Research Board (ARRB).

2.       Give consideration to the recommendations from ARRB in respect to funding and resources for unsealed roads during the development of the 2020-2021 Operational Plan.

3.       Note the commitment to undertake community stakeholder meetings in the first half of 2020 to present and discuss the outcomes of the ARRB review, including discussions around service levels.

 

Executive Summary

 

The purpose of this report is to provide an update on the investigation of opportunities for improving Council’s current Unsealed Road maintenance practices following the resolution of Council from the 15 August 2018 Council meeting.

 

This report provides an update on each of the six elements under point 3 that formed part of the 15 August 2018 Council resolution.

 

Discussion

 

At the 15 August 2018 Ordinary Council meeting, Council resolved as follows:

 

12.02 COUNCIL POLICY – DRAFT UNSEALED ROADS POLICY

RESOLVED: Griffiths/Turner

That Council:

1.       Place on public exhibition the Unsealed Roads Policy commencing from 17 August 2018 for a minimum of 28 days.

2.       Note that a further report is planned to be tabled at the October 2018 meeting of Council, detailing the submissions received from the public during the exhibition period.

3.       Request the General Manager investigate opportunities for improving Council’s current unsealed road maintenance practices including:

a)    A review of these practices by the Australian Road Research Board (ARRB);

b)    Supplementing gravel supply with crushed concrete;

c)    Education and signage for improved community awareness;

d)    Partnering with the community to undertake some works;

e)    Sale of local roads (as appropriate) to the land owners to create private roads;

f)     Workshops with the community regarding service levels as they relate to unsealed roads maintenance (gravel & grading), vegetation management required budget allocation.

4.       Request the General Manager present a report back to Council at its August 2019 meeting in relation to outcomes of the review detailed in No. 3 above.

CARRIED: 8/0

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

AGAINST: Nil

 

a)   A review of these practices by the Australian Road Research Board (ARRB)

 

In May 2019, Council engaged ARRB to review and provide recommendations on the following:

 

a.   Current work practices performed by Council during unsealed roads maintenance activities, including scheduled maintenance grading and gravel resheeting works.

b.   The suitability and application of the Unsealed Roads Policy with regard to the limitations of Council’s funding and resources.

 

A copy of the ARRB Unsealed Roads review is included as Attachment 1 of this report.

 

Key findings from the unsealed roads review include:

·    Good practices are implemented with minimal deterioration and good techniques employed by staff.

·    Policy and practice is adequate for now but could be difficult to maintain in the medium to long term as traffic volumes increase and road conditions worsen through low rates of gravel resheeting.

·    The placement of unblended crushed concrete on higher trafficked roads is likely to result in poor performance and worsened road conditions.

 

Key recommendations from this review include consideration of:

·    A budget increase of $400,000 per annum in the gravel resheeting budget could provide significant benefits in asset management.

·    Undertaking a proactive assessment of funding needs on 4WD Access Tracks, Unformed Roads and Unsealed Car Parks at a maximum interval of 5-years to better estimate funding needs rather than adopt a fully reactive strategy.

·    Further trialling of blended crushed concrete to increase performance when applied to unsealed roads.

·    Undertake a network condition survey (estimated by Council at up to $75,000 per annum), to assist in projecting funding requirements to maintain the unsealed road network in a serviceable condition.

 

b)   Supplementing gravel supply with crushed concrete

 

Over the last two years, Council has trialled the use of recycled crushed concrete as a road gravel supplement for resheeting unsealed roads. Recycled crushed concrete was placed on The Hatch Road, Farrawells Road and Tower Road. As outlined in the ARRB review, the material showed signs of poor performance and the recommendation is to look at blending the recycled crushed concrete with finer materials with a higher plasticity (like clays) for a higher quality product.

 

While the use of a straight recycled crushed concrete product identified performance issues, the blending process suggested by ARRB is still likely to be financially advantageous against commercial quarry products. Further trials, which are currently in the planning stage, are required to identify the extent of this advantage.

 

c)   Education and signage for improved community awareness

 

Council has progressively undertaken a programme of works that involved the installation of additional warning signage on higher traffic roads or known trouble spots. These warning signs display “Gravel Roads, Drive to the Conditions” advice. The signs are generally located at the interface between sealed and unsealed roads to warn drivers of the variable nature of the road conditions and the need to alter driver behaviour accordingly. Further signage will be progressively installed on lower trafficked roads on a case-by-case basis.

 

Additional education is required and will be undertaken during the Community Workshop’s as outlined at point f) below consistent with the outcomes of the ARRB review into Unsealed Roads and Vegetation Management practices.

 

d)   Partnering with the community to undertake some works

 

Council, as a Road Authority, has a duty to manage risks on all Council road reserves. There may be opportunities to enter into an extended maintenance agreement in certain circumstances however, the following minimum requirements need to be met by any person(s) or group(s) that propose to undertake maintenance works:

 

·    $20M Public Liability insurance

·    Worker’s compensation insurance

·    Legislation - Work Health and Safety, Environmental and Civil Liability

·    Appropriate Traffic Control measures

 

Despite this collaborative initiative offering a possible solution to improving maintenance practices, the strict workplace requirements and exhaustive compliance checks necessary are likely to counter any desired productivity advantage in the short-term assessment of this opportunity.

 

e)   Sale of local roads (as appropriate) to the land owners to create private roads

 

Since the Unsealed Roads Policy was adopted in November 2018, only one resident has been offered the option to acquire a local road from Council. The property owner declined Council’s offer.

 

The sale of roads, particularly no-through roads for single property use, is a pragmatic and positive outcome when it serves both parties interests. This will continue to be explored on a case-by-case basis and may offer an alternative to the complexities of partnering on maintenance presented in point d) above.

 

f)    Workshops with the community regarding service levels as they relate to unsealed roads maintenance (gravel & grading), vegetation management required budget allocation

 

 

Community consultation workshops regarding service levels as they relate to unsealed roads maintenance (gravel & grading), vegetation management and required budget allocation are planned for the first half of 2020. Planning for these sessions has commenced and this engagement will form part of our engagement on the upcoming Community Strategic Plan.

 

A report will be presented to Council in the coming months regarding the Vegetation Management Policy and ARRB Review of Vegetation Management Practices. Outcomes of this report will inform community consultation.

 

Options

 

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

 

Community Engagement & Internal Consultation

 

As outlined in this report, community consultation workshops will be undertaken in the first half of 2020 and will form part of our engagement on the upcoming Community Strategic Plan.

 

Internal consultation for this report has occurred with the following:

 

·    General Manager

·    Director Strategy and Growth

·    Director Infrastructure

·    Group Manager Transport and Stormwater Network (now Infrastructure Planning)<